1-1 By: Parker S.B. No. 1426
1-2 (In the Senate - Filed April 26, 1993; April 27, 1993, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 May 3, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; May 3, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Zaffirini x
1-10 Ellis x
1-11 Madla x
1-12 Moncrief x
1-13 Nelson x
1-14 Patterson x
1-15 Shelley x
1-16 Truan x
1-17 Wentworth x
1-18 COMMITTEE SUBSTITUTE FOR S.B. No. 1426 By: Moncrief
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the regulation of social workers and to the creation of
1-22 a new state board to replace the Council for Social Work
1-23 Certification.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 50.001, Human Resources Code, is amended
1-26 to read as follows:
1-27 Sec. 50.001. Definitions. (a) In this chapter:
1-28 (1) "Board" means the Texas State Board of Examiners
1-29 of Social Workers <Human Services>.
1-30 (2) "Certified social worker" means a person who is
1-31 duly certified as a certified social worker by the board
1-32 <department> in accordance with this chapter.
1-33 (3) "Social work services" means the professional
1-34 activity of helping individuals, groups, or communities enhance or
1-35 restore their capacity for social functioning and creating social
1-36 conditions favorable to this goal. Social work services consist of
1-37 the professional application of social work values, principles, and
1-38 techniques to one or more of the following ends: helping people
1-39 obtain tangible services, counseling with individuals, families, or
1-40 groups, helping communities or groups provide social and health
1-41 services, and participating in formulating relevant public
1-42 policies. The practice of social work requires knowledge of human
1-43 development and behavior, of social, economic, and cultural
1-44 institutions, and of the interaction of all these factors.
1-45 (4) "Social worker" means a person who has been duly
1-46 certified as a social worker by the board <department> in
1-47 accordance with this chapter.
1-48 (5) "Social work associate" means a person who has
1-49 been duly certified as a social work associate by the board
1-50 <department> in accordance with this chapter.
1-51 (6) <"Council" means the Council for Social Work
1-52 Certification.>
1-53 <(7)> "Department" means the Texas Department of
1-54 Health <Human Services>.
1-55 (b) The department may define by rule any word or term not
1-56 defined in this section as necessary to administer or enforce this
1-57 chapter. The definition may not be inconsistent or in conflict
1-58 with the purposes or objectives of this chapter.
1-59 SECTION 2. Section 50.004, Human Resources Code, is amended
1-60 to read as follows:
1-61 Sec. 50.004. Texas State Board of Examiners of Social
1-62 Workers <Council for Social Work Certification>. (a) The Texas
1-63 State Board of Examiners of Social Workers <Council for Social Work
1-64 Certification> is created <to advise the department on problems
1-65 relating to the practice of social work. The council shall review
1-66 rules and minimum standards for social work certification and make
1-67 recommendations to the department concerning rules, standards, and
1-68 administration under this chapter>.
2-1 (b) The board <council> is composed of nine members
2-2 appointed by the governor with the advice and consent of the senate
2-3 <board upon the recommendation of the commissioner>. The board
2-4 <council> is composed as follows: three members shall be at all
2-5 times certified social workers certified under this chapter, three
2-6 members shall be at all times social workers or social work
2-7 associates certified under this chapter, and the remaining three
2-8 members shall be representatives of the public who are not
2-9 certified under this chapter and who do not have, other than as
2-10 consumers, any interest in the practice of social work. <Until
2-11 December 31, 1987, one member who is a certified social worker must
2-12 have been certified under the work experience qualifications
2-13 prescribed by Subdivision (3) or (4) of Subsection (a) of Section
2-14 50.015 of this chapter, and one member who is a social worker must
2-15 have been certified under the work experience qualifications
2-16 prescribed by Subdivisions (2), (3), or (4) of Subsection (a) of
2-17 Section 50.016 of this chapter.>
2-18 (c) Members of the board <Except for the initial
2-19 appointments, members> hold office for staggered terms of six
2-20 <three> years with three members' terms expiring February 1
2-21 <January 31> of each odd-numbered year. A member appointed to fill
2-22 a vacancy shall hold office for the remainder of that term. <In
2-23 making the initial appointments, the board shall appoint members
2-24 within 90 days after this chapter takes effect to serve the
2-25 following terms: three members for terms that expire January 31,
2-26 1985, three members for terms that expire January 31, 1984, and
2-27 three members for terms that expire January 31, 1983.>
2-28 (d) The governor <board> shall make appointments to the
2-29 board <council> after considering how representative the board
2-30 <council> is with regard to race, sex, age, and geographical
2-31 representation.
2-32 (e) <It is a ground for removal from the council that a
2-33 member:>
2-34 <(1) does not have at the time of appointment the
2-35 qualifications required by Subsection (b) of this section for
2-36 appointment to the council;>
2-37 <(2) does not maintain during the service on the
2-38 council the qualifications required by Subsection (b) of this
2-39 section for appointment to the council; or>
2-40 <(3) violates a prohibition established by Subsection
2-41 (g) or (h) of this section. The validity of an action of the
2-42 council is not affected by the fact that it was taken when a ground
2-43 for removal of a member of the council existed.>
2-44 <(f) A person who is required to register as a lobbyist
2-45 under Chapter 305, Government Code, by virtue of his activities for
2-46 compensation in or on behalf of a profession related to the
2-47 operation of the council may not serve as a council member or act
2-48 as the general counsel to the council.>
2-49 <(g) A member or employee of the council may not be an
2-50 officer, employee, or paid consultant of a trade association in the
2-51 field of social work.>
2-52 <(h) A member or employee of the council may not be related
2-53 within the second degree by affinity or consanguinity, as
2-54 determined under Article 5996h, Revised Statutes, to a person who
2-55 is an officer, employee, or paid consultant of a trade association
2-56 in the field of social work.>
2-57 <(i) Members of the council must be citizens of the United
2-58 States and residents of this state. Social workers appointed to
2-59 the board must be certified as required by this section, except
2-60 that the initial appointees must be persons who are eligible for
2-61 the appropriate certificate and must have actively, actually, and
2-62 continuously engaged in rendering social work services or in social
2-63 work teaching or administration for a period of at least five years
2-64 immediately preceding appointment.>
2-65 <(j)> Each member of the board <council> is entitled to a
2-66 per diem as set by legislative appropriation for state employees
2-67 and travel expenses to and from the business of the board
2-68 <council>. No member shall receive actual or necessary expenses
2-69 except for travel to and from meetings.
2-70 (f) <(k)> The board <council> shall meet at least once a
3-1 year. At the first regular meeting each year the board <council>
3-2 shall elect a presiding officer and other officers <chairman and a
3-3 vice-chairman>. Other regular meetings may be held as the rules of
3-4 the board <council> may provide. Special meetings may be held at
3-5 times considered advisable by the board <council>.
3-6 (g) <(l)> The board <council> is subject to the open
3-7 meetings law, Chapter 271, Acts of the 60th Legislature, Regular
3-8 Session, 1967, as amended (Article 6252-17, Vernon's Texas Civil
3-9 Statutes), and the Administrative Procedure and Texas Register Act,
3-10 as amended (Article 6252-13a, Vernon's Texas Civil Statutes).
3-11 (h) <(m) The department shall provide staff necessary to
3-12 assist the council in performing its duties. The staff person
3-13 directly responsible for the administration of this chapter shall
3-14 at all times have the confidence of the majority of the council.>
3-15 <(n)> The Texas State Board of Examiners of Social Workers
3-16 <Council for Social Work Certification> is subject to Chapter 325,
3-17 Government Code (Texas Sunset Act). Unless continued in existence
3-18 as provided by that chapter, the board <council> is abolished and
3-19 this section expires September 1, 2005 <1993>. <If the council is
3-20 continued in existence beyond that date, subsequent sunset
3-21 provisions should be made to conform with those of the Texas
3-22 Department of Human Services.>
3-23 SECTION 3. Chapter 50, Human Resources Code, is amended by
3-24 adding Sections 50.0041 through 50.0046 to read as follows:
3-25 Sec. 50.0041. PUBLIC MEMBERSHIP RESTRICTION. A person is
3-26 not eligible for appointment as a public member of the board if the
3-27 person or the person's spouse:
3-28 (1) is registered, certified, or licensed by an
3-29 occupational regulatory agency in the field of health care;
3-30 (2) is employed by or participates in the management
3-31 of a business entity or other organization regulated by the board
3-32 or the department or receiving funds from the board or the
3-33 department;
3-34 (3) owns or controls, directly or indirectly, more
3-35 than a 10 percent interest in a business entity or other
3-36 organization regulated by the board or the department or receiving
3-37 funds from the board or the department; or
3-38 (4) uses or receives a substantial amount of tangible
3-39 goods, services, or funds from the board or the department, other
3-40 than compensation or reimbursement authorized by law for board
3-41 membership, attendance, or expenses.
3-42 Sec. 50.0042. CONFLICT OF INTEREST RESTRICTIONS. (a) An
3-43 officer, employee, or paid consultant of a Texas trade association
3-44 in the field of health care may not be a member of the board or
3-45 employee of the department who is exempt from the state's position
3-46 classification plan or is compensated at or above the amount
3-47 prescribed by the General Appropriations Act for step 1, salary
3-48 group 17, of the position classification salary schedule.
3-49 (b) A person who is the spouse of an officer, manager, or
3-50 paid consultant of a Texas trade association in the field of health
3-51 care may not be a board member and may not be an employee of the
3-52 department who is exempt from the state's position classification
3-53 plan or is compensated at or above the amount prescribed by the
3-54 General Appropriations Act for step 1, salary group 17, of the
3-55 position classification salary schedule.
3-56 (c) For the purposes of this section, a Texas trade
3-57 association is a nonprofit, cooperative, and voluntarily joined
3-58 association of business or professional competitors in this state
3-59 designed to assist its members and its industry or profession in
3-60 dealing with mutual business or professional problems and in
3-61 promoting their common interest.
3-62 Sec. 50.0043. EFFECT OF LOBBYING ACTIVITY. A person may not
3-63 serve as a member of the board if the person is required to
3-64 register as a lobbyist under Chapter 305, Government Code, and its
3-65 subsequent amendments, because of the person's activities for
3-66 compensation on behalf of a profession related to the operation of
3-67 the board.
3-68 Sec. 50.0044. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a
3-69 ground for removal from the board if a member:
3-70 (1) does not have at the time of appointment the
4-1 qualifications required by Section 50.004;
4-2 (2) does not maintain during service on the board the
4-3 qualifications required by Section 50.004;
4-4 (3) violates a prohibition established by Section
4-5 50.0042 or 50.0043;
4-6 (4) cannot discharge the member's duties for a
4-7 substantial part of the term for which the member is appointed
4-8 because of illness or disability; or
4-9 (5) is absent from more than half of the regularly
4-10 scheduled board meetings that the member is eligible to attend
4-11 during a calendar year unless the absence is excused by majority
4-12 vote of the board.
4-13 (b) The validity of an action of the board is not affected
4-14 by the fact that it is taken when a ground for removal of a board
4-15 member exists.
4-16 (c) If the program director has knowledge that a potential
4-17 ground for removal exists, the program director shall notify the
4-18 presiding officer of the board of the ground. The presiding
4-19 officer shall then notify the governor that a potential ground for
4-20 removal exists.
4-21 Sec. 50.0045. STAFF. (a) The department shall provide
4-22 staff necessary to assist the board in performing its duties. The
4-23 department shall employ a program director to coordinate the
4-24 department's administrative and clerical employees as necessary to
4-25 carry out the board's functions.
4-26 (b) The board shall develop and implement policies that
4-27 clearly define the respective responsibilities of the board and the
4-28 staff of the department.
4-29 Sec. 50.0046. DEPARTMENT OVERSIGHT OF BOARD. (a) Except as
4-30 otherwise provided, a rule or order adopted or issued by the board
4-31 must be approved by the department. A rule or order is not
4-32 effective until it is approved by the department.
4-33 (b) A disciplinary action taken by the board is final when
4-34 the order is issued by the board. The board shall report to the
4-35 department all disciplinary actions taken.
4-36 (c) The board shall file with the department an annual
4-37 report of actions taken by the board.
4-38 SECTION 4. Section 50.005, Human Resources Code, is amended
4-39 to read as follows:
4-40 Sec. 50.005. Funding. (a) All money paid to the department
4-41 <derived from fees, assessments, or charges> under this chapter
4-42 shall be deposited <paid by the department> into the State Treasury
4-43 <for safekeeping and shall be placed by the State Treasurer> in a
4-44 separate fund to be known as the social workers fund. The money
4-45 shall be available to the department exclusively for the
4-46 administration, implementation, and enforcement of this chapter.
4-47 Surpluses are reserved for the use of the department in the
4-48 administration and enforcement of this chapter.
4-49 (b) The comptroller shall, on requisition of the department,
4-50 draw warrants from time to time on the State Treasurer for the
4-51 amount specified in the requisition, not exceeding the amount in
4-52 the fund at the time the requisition is made. However, all money
4-53 expended in the administration, implementation, or enforcement of
4-54 this chapter shall be specified and determined by itemized
4-55 appropriation in the General Appropriations Act for the department
4-56 and not otherwise.
4-57 SECTION 5. Section 50.006, Human Resources Code, is amended
4-58 to read as follows:
4-59 Sec. 50.006. Regulation and Enforcement. (a) The board
4-60 <department> may <adopt and> enforce <the> rules adopted by the
4-61 board and approved by the department necessary for the performance
4-62 of its duties, establish standards of conduct and ethics for all
4-63 persons certified under this chapter, and ensure strict compliance
4-64 with and enforcement of this chapter.
4-65 (b) The violation by a certified social worker, social
4-66 worker, or social work associate of this chapter or of any rule of
4-67 the board <department> pertaining to the practice of social work is
4-68 sufficient reason to suspend or revoke a certificate issued under
4-69 this chapter.
4-70 (c) In addition to any other action, proceeding, or remedy
5-1 authorized by law, the board or department may institute an action
5-2 to enjoin a violation of this chapter or a rule of the board
5-3 <department>. In order for the board or department to sustain the
5-4 action, it is not necessary to allege or prove the lack of an
5-5 adequate remedy at law or that substantial or irreparable damage
5-6 would result from the continued violation. Either party to the
5-7 action may appeal to the appellate court having jurisdiction of the
5-8 cause. The board or department shall not be required to give any
5-9 appeal bond in any cause arising under this chapter. The attorney
5-10 general shall represent the board or department in all actions and
5-11 proceedings to enforce this chapter.
5-12 (d) The board <department> shall prepare information of
5-13 consumer interest describing the regulatory functions of the board
5-14 <department> and describing the board's <department's> procedures
5-15 by which consumer complaints are filed with and resolved by the
5-16 board <department>. The board <department> shall make the
5-17 information available to the general public and appropriate state
5-18 agencies.
5-19 (e) The board by rule shall establish methods by which
5-20 consumers and service recipients are notified of the name, mailing
5-21 address, and telephone number of the board for the purpose of
5-22 directing complaints to the board. The board may provide for that
5-23 notification:
5-24 (1) on each registration form, application, or written
5-25 contract for services of an individual or entity regulated by the
5-26 board;
5-27 (2) on a sign prominently displayed in the place of
5-28 business of each individual or entity regulated by the board; or
5-29 (3) in a bill for service provided by an individual or
5-30 entity regulated by the board.
5-31 (f) The board shall list along with its regular telephone
5-32 number the toll-free telephone number that may be called to present
5-33 a complaint about a health professional if the toll-free number is
5-34 established under other state law <There shall be prominently
5-35 displayed at all times in the place of business of each person
5-36 certified under this chapter a sign containing the name, mailing
5-37 address, and telephone number of the department and a statement
5-38 informing consumers that complaints against persons certified under
5-39 this chapter may be directed to the department>.
5-40 SECTION 6. Section 50.0061, Human Resources Code, is amended
5-41 to read as follows:
5-42 Sec. 50.0061. Advertising. (a) The board <department> may
5-43 not adopt rules restricting competitive bidding or advertising by a
5-44 person regulated by the board <department> except to prohibit
5-45 false, misleading, or deceptive practices by the person.
5-46 (b) The board <department> may not include in its rules to
5-47 prohibit false, misleading, or deceptive practices by a person
5-48 regulated by the board <department> a rule that:
5-49 (1) restricts the person's use of any medium for
5-50 advertising;
5-51 (2) restricts the person's personal appearance or use
5-52 of the person's <his> voice in an advertisement;
5-53 (3) relates to the size or duration of an
5-54 advertisement by the person; or
5-55 (4) restricts the person's advertisement under a trade
5-56 name.
5-57 SECTION 7. Chapter 50, Human Resources Code, is amended by
5-58 adding Sections 50.0062 through 50.0065 to read as follows:
5-59 Sec. 50.0062. PUBLIC PARTICIPATION IN BOARD HEARINGS. The
5-60 board shall develop and implement policies that provide the public
5-61 with a reasonable opportunity to appear before the board and to
5-62 speak on any issue under the jurisdiction of the board.
5-63 Sec. 50.0063. PROGRAM ACCESSIBILITY. The board shall
5-64 prepare and maintain a written plan that describes how a person who
5-65 does not speak English can be provided reasonable access to the
5-66 board's programs. The board shall also comply with federal and
5-67 state laws for program and facility accessibility.
5-68 Sec. 50.0064. TRAINING; STANDARDS OF CONDUCT INFORMATION.
5-69 (a) Each board member shall comply with the board member training
5-70 requirements established by any other state agency that is given
6-1 authority to establish the requirements for the board.
6-2 (b) The board shall provide to its members and employees, as
6-3 often as necessary, information regarding their qualifications for
6-4 office or employment under this article and their responsibilities
6-5 under applicable laws relating to standards of conduct for state
6-6 officers or employees.
6-7 Sec. 50.0065. TRAINING AND GUIDELINES FOR MEMBERS OF THE
6-8 BOARD. (a) The board shall establish a training program for its
6-9 members.
6-10 (b) Before a member of the board may assume the member's
6-11 duties, the member must complete at least one course of the
6-12 training program established under this section, and before the
6-13 member may be confirmed by the senate, the member must pass an
6-14 examination given in conjunction with the attorney general on
6-15 subjects described by Subdivisions (7), (8), and (9) of Subsection
6-16 (c) of this section.
6-17 (c) A training program established under this section shall
6-18 provide information to a participant regarding:
6-19 (1) the enabling legislation that created the board to
6-20 which the member is appointed;
6-21 (2) the programs operated by the board;
6-22 (3) the role and functions of the board;
6-23 (4) the rules of the board with an emphasis on the
6-24 rules that relate to disciplinary and investigatory authority;
6-25 (5) the current budget for the board;
6-26 (6) the results of the most recent formal audit of the
6-27 board;
6-28 (7) the requirements of the:
6-29 (A) open meetings law, Chapter 271, Acts of the
6-30 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
6-31 Texas Civil Statutes), and its subsequent amendments;
6-32 (B) open records law, Chapter 424, Acts of the
6-33 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
6-34 Texas Civil Statutes), and its subsequent amendments; and
6-35 (C) Administrative Procedure and Texas Register
6-36 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
6-37 subsequent amendments;
6-38 (8) the requirements of the conflict of interest laws
6-39 and other laws relating to public officials; and
6-40 (9) any applicable ethics policies adopted by the
6-41 board or the Texas Ethics Commission.
6-42 (d) In developing the training requirements provided for in
6-43 this section, the board shall consult with the governor's office,
6-44 the attorney general's office, and the Texas Ethics Commission.
6-45 (e) In the event that another state agency or entity is
6-46 given the authority to establish the training requirements, the
6-47 board shall allow that training in lieu of developing its own
6-48 program.
6-49 SECTION 8. Subsection (a), Section 50.008, Human Resources
6-50 Code, is amended to read as follows:
6-51 (a) A roster showing the names and addresses, as reflected
6-52 by the board's <department's> records, of all certified social
6-53 workers, social workers, and social work associates certified by
6-54 the department shall be prepared and published by the department at
6-55 its discretion. Copies of the roster shall be mailed to each
6-56 person certified by the department and placed on file with the
6-57 secretary of state.
6-58 SECTION 9. Section 50.009, Human Resources Code, is amended
6-59 to read as follows:
6-60 Sec. 50.009. Fees. (a) The department by rule shall
6-61 establish reasonable and necessary<, charge, and collect> fees so
6-62 that the fees, in the aggregate, produce sufficient revenues to
6-63 cover the cost of administering this chapter<, as follows:>
6-64 <(1) a fee for the filing of an application to take an
6-65 examination for a certificate under this chapter;>
6-66 <(2) a fee for the taking of an examination;>
6-67 <(3) a fee for the original issuance of certificate
6-68 under this chapter;>
6-69 <(4) a fee for the original issuance of an order of
6-70 recognition to practice a specialty in the practice of social work;>
7-1 <(5) a fee for an annual renewal of an order of
7-2 recognition to practice a specialty in the practice of social work;>
7-3 <(6) a fee for an annual renewal of a certificate
7-4 issued in accordance with this chapter;>
7-5 <(7) a fee for replacement of a certificate, specialty
7-6 order of recognition, or renewal lost or destroyed; and>
7-7 <(8) a fee for a copy of the official roster of
7-8 certified persons published by the department for the one copy
7-9 mailed to each person certified>.
7-10 (b) The fees set by the department may be adjusted so that
7-11 the total fees collected are sufficient to meet the expenses of
7-12 administering this chapter. The department may not set a fee for
7-13 an amount less than the amount of that fee on September 1, 1993 <If
7-14 a certified social work associate is qualified on September 2,
7-15 1983, to be examined for a certificate as a social worker because
7-16 of a legislative change in qualifications under Section 50.016 of
7-17 this chapter, the department may not charge or collect a fee for
7-18 issuing the social worker certificate to that person>.
7-19 SECTION 10. Section 50.011, Human Resources Code, is amended
7-20 to read as follows:
7-21 Sec. 50.011. Professional Identification. A person
7-22 certified by the board <department> in accordance with this chapter
7-23 shall, in the professional use of the person's <his> name or any
7-24 sign, directory, listing, contract, document, pamphlet, stationery,
7-25 letterhead, advertisement, signature, or other means of
7-26 professional identification, written or printed, use the following
7-27 legally required identifications:
7-28 (1) if certified as a certified social worker, the
7-29 words "certified social worker" or the initials "C.S.W.";
7-30 (2) if certified as a social worker, the words "social
7-31 worker" or the initials "S.W."; or
7-32 (3) if certified as a social work associate, the words
7-33 "social work associate" or the initials "S.W.A."
7-34 SECTION 11. Section 50.013, Human Resources Code, is amended
7-35 to read as follows:
7-36 Sec. 50.013. Applications. An application for certification
7-37 under this chapter shall be on a form prescribed by the board and
7-38 approved and furnished by the department and shall contain
7-39 statements made under oath setting forth in detail the applicant's
7-40 education, experience, and other information as required by the
7-41 board <department> that qualify the applicant for a certificate
7-42 under this chapter. No person is eligible for a certificate
7-43 provided under this chapter unless he is at least 18 years of age
7-44 and worthy of the public trust and confidence.
7-45 SECTION 12. Section 50.014, Human Resources Code, is amended
7-46 to read as follows:
7-47 Sec. 50.014. Examinations. (a) At least once each calendar
7-48 year the board <department> shall prepare and administer an
7-49 examination to determine the qualifications of applicants for
7-50 certificates under this chapter. Examinations shall be conducted
7-51 in the manner the board <department> determines and in a manner
7-52 that is fair and impartial to all individuals and to every school
7-53 or system of social work. Applicants shall be known to the
7-54 examiners only by numbers until after the general averages of the
7-55 applicants in a class have been determined and certificates have
7-56 been granted or refused. The scope and content of examinations
7-57 shall be sufficient to ensure professional efficacy and competence
7-58 in keeping with the highest standards of the social work
7-59 profession. The board shall have the written portion of the
7-60 examination, if any, validated by an independent testing entity.
7-61 (b) On satisfactory completion of all requirements of the
7-62 examination conducted by the board <department>, an applicant may
7-63 be granted a certificate as a certified social worker, social
7-64 worker, or social work associate as the board <department>
7-65 determines.
7-66 (c) The board by rule shall establish:
7-67 (1) a limit on the number of times an applicant who
7-68 fails an examination may retake the examination;
7-69 (2) requirements for retaking an examination; and
7-70 (3) alternative methods of examining competency <An
8-1 applicant who fails an examination may be reexamined at a
8-2 subsequent time on payment of the required fees. An applicant may
8-3 be reexamined only three times for the same certificate>.
8-4 (d) If requested by a person who fails the examination for a
8-5 certificate, the board <department> shall furnish to the person an
8-6 analysis of the person's performance on the examination.
8-7 (e) Not later than the 30th day after the day on which a
8-8 certification examination is administered under this chapter, the
8-9 board <department> shall notify each examinee of the results of the
8-10 examination. However, if an examination is graded or reviewed by a
8-11 national testing service, the board <department> shall notify
8-12 examinees of the results of the examination not later than the 14th
8-13 day after the day on which the board <department> receives the
8-14 results from the testing service. If the notice of the examination
8-15 results will be delayed for longer than 90 days after the
8-16 examination date, the board <department> shall notify the examinee
8-17 of the reason for the delay before the 90th day.
8-18 SECTION 13. Section 50.015, Human Resources Code, is amended
8-19 to read as follows:
8-20 Sec. 50.015. Certified Social Worker. The board
8-21 <(a) Until December 31, 1985, the department> shall consider <the
8-22 following as minimum evidence that an applicant is qualified to be
8-23 examined for a certificate as a certified social worker:>
8-24 <(1)> a doctoral degree or master's degree in social
8-25 work from an accredited graduate program approved by the board
8-26 <department;>
8-27 <(2) a doctoral degree or master's degree not in
8-28 social work from an accredited program approved by the department
8-29 and the successful completion of two years' actual and active
8-30 social work experience approved by the department; or>
8-31 <(3) a baccalaureate degree in social work or a
8-32 related field from an educational program approved by the
8-33 department and the successful completion of five years' actual and
8-34 active social work experience approved by the department; or>
8-35 <(4) a baccalaureate degree not in social work or a
8-36 related field from an educational institution approved by the
8-37 department and the successful completion of 10 years' actual and
8-38 active social work experience approved by the department.>
8-39 <(b) After December 31, 1985, the department shall consider
8-40 only the qualifications prescribed by Subdivision (1) of Subsection
8-41 (a) of this section> as minimum evidence that an applicant is
8-42 qualified to be examined for a certificate as a certified social
8-43 worker.
8-44 SECTION 14. Section 50.016, Human Resources Code, is amended
8-45 to read as follows:
8-46 Sec. 50.016. Social Worker. The board <(a) Until December
8-47 31, 1985, the department> shall consider <the following as minimum
8-48 evidence that an applicant is qualified to be examined for a
8-49 certificate as a social worker:>
8-50 <(1)> a baccalaureate degree in social work from an
8-51 educational program approved by the board <department;>
8-52 <(2) a baccalaureate degree not in social work from an
8-53 educational institution approved by the department and the
8-54 successful completion of five years' actual and active social work
8-55 experience approved by the department;>
8-56 <(3) an associate degree from an educational
8-57 institution approved by the department and the successful
8-58 completion of 10 years' actual and active social work experience
8-59 approved by the department; or>
8-60 <(4) a high school diploma or its substantial
8-61 equivalent as determined by the department and the successful
8-62 completion of 15 years' actual and active social work experience
8-63 approved by the department.>
8-64 <(b) After December 31, 1985, the department shall consider
8-65 only the qualifications prescribed by Subdivision (1) of Subsection
8-66 (a) of this section> as minimum evidence that an applicant is
8-67 qualified to be examined for a certificate as a social worker.
8-68 SECTION 15. Section 50.017, Human Resources Code, is amended
8-69 to read as follows:
8-70 Sec. 50.017. Social Work Associate. <(a)> The board
9-1 <department> shall consider the following as minimum evidence that
9-2 an applicant is qualified to be examined for a certificate as a
9-3 social work associate:
9-4 (1) a baccalaureate degree from an accredited
9-5 educational institution and the additional satisfactory completion
9-6 of a specified number of years of actual and active social work
9-7 experience approved by the board <department>;
9-8 (2) an associate of arts degree from an accredited
9-9 educational institution and the additional satisfactory completion
9-10 of a specified number of years of actual and active social work
9-11 experience approved by the board <department>; or
9-12 (3) a high school diploma or its substantial
9-13 equivalent as determined by the board <department> and the
9-14 satisfactory completion of a specified number of years of actual
9-15 and active social work experience approved by the board
9-16 <department>.
9-17 SECTION 16. Section 50.018, Human Resources Code, is amended
9-18 to read as follows:
9-19 Sec. 50.018. Experience Evaluation. In determining the
9-20 credibility and acceptability of an applicant's professional or
9-21 technical experience or competence, the board <department> may
9-22 require documentary evidence of the quality, scope, and nature of
9-23 the experience and competence as necessary to ensure public safety,
9-24 health, and welfare.
9-25 SECTION 17. Subsection (a), Section 50.020, Human Resources
9-26 Code, is amended to read as follows:
9-27 (a) The board <department> shall establish procedures for
9-28 the recognition of persons qualified for the private, independent
9-29 practice of social work and publish or cause to be published a
9-30 roster of qualified persons. Minimum qualifications for
9-31 recognition shall include:
9-32 (1) certification as a certified social worker under
9-33 this chapter; or
9-34 (2) a number of years of acceptable social work
9-35 experience as determined by the board <department>.
9-36 SECTION 18. Section 50.021, Human Resources Code, is amended
9-37 to read as follows:
9-38 Sec. 50.021. Revocation and Suspension. (a) The board
9-39 shall revoke or suspend <department may refuse to issue or to
9-40 renew> a certificate or order of recognition, <may> place on
9-41 probation a person whose certificate or order of recognition has
9-42 been suspended, or <may> reprimand a person with a certificate or
9-43 order of recognition<, or may revoke or suspend a certificate or
9-44 order of recognition issued under this chapter> for any of the
9-45 following reasons:
9-46 (1) violating a provision of this chapter or a rule of
9-47 the board <department>;
9-48 (2) circumventing or attempting to circumvent this
9-49 chapter or a rule of the board <department>;
9-50 (3) participating, directly or indirectly, in a plan,
9-51 scheme, or arrangement attempting or having as its purpose the
9-52 evasion of this chapter or a rule of the board <department>;
9-53 (4) engaging in unethical conduct;
9-54 (5) engaging in conduct which discredits or tends to
9-55 discredit the profession of social work;
9-56 (6) performing an act, allowing an omission, or making
9-57 an assertion or representation that is fraudulent, deceitful, or
9-58 misleading or that in any manner tends to create a misleading
9-59 impression;
9-60 (7) knowingly associating with or permitting or
9-61 allowing the use of any certified person's professional services or
9-62 professional identification in a project or enterprise that the
9-63 person knows or with the exercise of reasonable diligence should
9-64 know is a practice that violates this chapter or a rule of the
9-65 board <department> pertaining to the practice of social work;
9-66 (8) knowingly associating with or permitting the use
9-67 of a certified person's name, professional services, professional
9-68 identification, or endorsement in connection with a venture or
9-69 enterprise that the person knows or with the exercise of reasonable
9-70 diligence should know is a trade, business, or professional
10-1 practice of a fraudulent, deceitful, misleading, or dishonest
10-2 nature;
10-3 (9) revealing, directly or indirectly, or causing to
10-4 be revealed a confidential communication transmitted to the
10-5 certified person by a client or recipient of his services except as
10-6 may be required by law;
10-7 (10) having a certificate or a license to practice
10-8 social work in another jurisdiction denied, suspended, or revoked
10-9 for reasons or causes the board <department> finds would constitute
10-10 a violation of this chapter or a rule pertaining to the practice of
10-11 social work adopted by the board <department>;
10-12 (11) having been convicted of a felony in an American
10-13 jurisdiction; or
10-14 (12) refusing to do or perform any act or service for
10-15 which the person is certified under this chapter solely on the
10-16 basis of the recipient's age, sex, race, religion, national origin,
10-17 color, or political affiliation.
10-18 (b) If a certificate or order of recognition suspension is
10-19 probated, the board may require the probationer to:
10-20 (1) report regularly to the board on matters that are
10-21 the basis of the probation;
10-22 (2) limit practice to the areas prescribed by the
10-23 board; or
10-24 (3) continue or review continuing professional
10-25 education until the probationer attains a degree of skill
10-26 satisfactory to the board in those areas that are the basis of the
10-27 probation.
10-28 SECTION 19. Section 50.022, Human Resources Code, is amended
10-29 to read as follows:
10-30 Sec. 50.022. Disciplinary Proceedings. (a) A proceeding
10-31 under Section 50.021 <of this chapter> begins when a charge is
10-32 filed with the department and referred to the board in writing and
10-33 under oath. The charge may be made by any person.
10-34 (b) A person is entitled to notice and a hearing before the
10-35 State Office of Administrative Hearings before a sanction is
10-36 imposed under Section 50.021
10-37 <(c) The department may rule that the order revoking or
10-38 suspending a certificate or order of recognition be probated so
10-39 long as the probationer conforms to the orders and rules that the
10-40 department sets out as the terms of probation. The department, at
10-41 the time of probation, shall set out the period of time that
10-42 constitutes the probationary period. The department may at any
10-43 time while the probationer remains on probation hold a hearing and
10-44 on majority vote rescind the probation and enforce the department's
10-45 original action in revoking or suspending the certificate or order
10-46 of recognition.>
10-47 <(d) The department shall provide for notice and an
10-48 opportunity to appeal from disciplinary proceedings>. Disciplinary
10-49 proceedings and the appeals from the proceedings are governed by
10-50 the Administrative Procedure and Texas Register Act, as amended
10-51 (Article 6252-13a, Vernon's Texas Civil Statutes). The board by
10-52 rule shall adopt a broad schedule of sanctions for violations under
10-53 this chapter. The State Office of Administrative Hearings shall
10-54 use the schedule for any sanction imposed as the result of a
10-55 hearing conducted by that office.
10-56 <(e) The department shall keep an information file on each
10-57 complaint or charge filed. During the consideration of a charge
10-58 filed under this section and until the charge is finally resolved,
10-59 all parties shall be informed monthly in writing as to the status
10-60 of the complaint.>
10-61 SECTION 20. Chapter 50, Human Resources Code, is amended by
10-62 adding Sections 50.0221, 50.0222, 50.0223, and 50.0224 to read as
10-63 follows:
10-64 Sec. 50.0221. COMPLAINT PROCEDURE IN GENERAL. (a) The
10-65 board shall keep an information file about each complaint filed
10-66 with the department and referred to the board. The board's
10-67 information file shall be kept current and contain a record for
10-68 each complaint of:
10-69 (1) all persons contacted in relation to the
10-70 complaint;
11-1 (2) a summary of findings made at each step of the
11-2 complaint process;
11-3 (3) an explanation of the legal basis and reason for a
11-4 complaint that is dismissed; and
11-5 (4) other relevant information.
11-6 (b) If a written complaint is referred to the board, the
11-7 board, at least as frequently as quarterly and until final
11-8 disposition of the complaint, shall notify the parties to the
11-9 complaint of the status of the complaint unless the notice would
11-10 jeopardize an undercover investigation.
11-11 (c) The board by rule shall adopt a form to standardize
11-12 information concerning complaints made to the board. The board by
11-13 rule shall prescribe information to be provided to a person when
11-14 the person files a complaint with the board.
11-15 (d) The board shall provide reasonable assistance to a
11-16 person who wishes to file a complaint with the board.
11-17 Sec. 50.0222. COMPLAINT INVESTIGATION AND DISPOSITION.
11-18 (a) The board shall adopt rules concerning the investigation of a
11-19 complaint filed with the department and referred to the board. The
11-20 rules adopted under this subsection shall:
11-21 (1) distinguish between categories of complaints;
11-22 (2) ensure that complaints are not dismissed without
11-23 appropriate consideration;
11-24 (3) require that the board be advised of a complaint
11-25 that is dismissed and that a letter be sent to the person who filed
11-26 the complaint explaining the action taken on the dismissed
11-27 complaint;
11-28 (4) ensure that the person who filed the complaint has
11-29 an opportunity to explain the allegations made in the complaint;
11-30 and
11-31 (5) prescribe guidelines concerning the categories of
11-32 complaints that require the use of a private investigator and the
11-33 procedures for the board to obtain the services of a private
11-34 investigator.
11-35 (b) The board shall dispose of all complaints in a timely
11-36 manner. The board shall establish a schedule for conducting each
11-37 phase of a complaint that is under the control of the board not
11-38 later than the 30th day after the date the complaint is received by
11-39 the board. The schedule shall be kept in the information file for
11-40 the complaint and all parties shall be notified of the projected
11-41 time requirements for pursuing the complaint. A change in the
11-42 schedule must be noted in the complaint information file and all
11-43 parties to the complaint must be notified not later than the
11-44 seventh day after the date the change is made.
11-45 (c) The program director for the board shall notify the
11-46 board of a complaint that extends beyond the time prescribed by the
11-47 board for resolving the complaint so that the board may take
11-48 necessary action on the complaint.
11-49 Sec. 50.0223. INFORMAL PROCEEDINGS. (a) The board by rule
11-50 shall adopt procedures governing:
11-51 (1) informal disposition of a contested case under
11-52 Section 13(e), Administrative Procedure and Texas Register Act
11-53 (Article 6252-13a, Vernon's Texas Civil Statutes); and
11-54 (2) informal proceedings held in compliance with
11-55 Section 18(c), Administrative Procedure and Texas Register Act
11-56 (Article 6252-13a, Vernon's Texas Civil Statutes).
11-57 (b) Rules adopted under this section must provide the
11-58 complainant and the certificate or order of recognition holder an
11-59 opportunity to be heard and must require the presence of a
11-60 representative of the office of the attorney general to advise the
11-61 board or board's employees.
11-62 Sec. 50.0224. MONITORING OF CERTIFICATE OR ORDER OF
11-63 RECOGNITION HOLDER. The board by rule shall develop a system for
11-64 monitoring the compliance of certificate or order of recognition
11-65 holders with the requirements of this Act. Rules adopted under
11-66 this section shall include procedures for monitoring a certificate
11-67 or order of recognition holder who is ordered by the board to
11-68 perform certain acts to ascertain that the certificate or order of
11-69 recognition holder performs the required acts and to identify and
11-70 monitor certificate or order of recognition holders who represent a
12-1 risk to the public.
12-2 SECTION 21. Section 50.023, Human Resources Code, is amended
12-3 to read as follows:
12-4 Sec. 50.023. Expiration and Renewal. (a) The board
12-5 <department> by rule shall adopt a system under which certificates
12-6 or orders of recognition issued under this chapter expire on
12-7 various dates during the year, and the dates for renewal shall be
12-8 adjusted accordingly. A person may renew an expired <On renewal of
12-9 the> certificate or order of recognition by paying to the
12-10 department before <or on> the expiration date of the certificate or
12-11 order the required<, the total> renewal fee <is payable>.
12-12 (b) Not later than 30 days before the expiration date, the
12-13 department shall notify in writing each person certified of the
12-14 date of the expiration of a certificate or order of recognition
12-15 issued to the person at the person's last known address according
12-16 to the records of the board <him, the amount of the fee for
12-17 renewal, and the continuing education provisions that are required
12-18 for its renewal for one year. The department shall attempt to
12-19 obtain from the person a signed receipt confirming receipt of the
12-20 notice>.
12-21 (c) If a person's certificate or order of recognition has
12-22 been expired for <not longer than> 90 days or less, the person may
12-23 renew the certificate or order of recognition by paying to the
12-24 department the required renewal fee and a fee that is one-half of
12-25 the examination fee for the certificate.
12-26 (d) If a person's certificate or order of recognition has
12-27 been expired for longer than 90 days but less than one year <two
12-28 years>, the person may renew the certificate or order of
12-29 recognition by paying to the department all unpaid renewal fees and
12-30 a fee that is equal to the examination fee for the certificate.
12-31 (e) If a person's certificate or order of recognition has
12-32 been expired for one year <two years> or longer, the person may not
12-33 renew the certificate or order of recognition. The person may
12-34 obtain a new certificate or order of recognition by submitting to
12-35 reexamination, if an examination was originally required, and
12-36 complying with the requirements and procedures for obtaining an
12-37 original certificate or order of recognition. However, the board
12-38 may renew without reexamination an expired certificate or order of
12-39 recognition of a person who was certified in this state, moved to
12-40 another state, and is currently certified in and has been in
12-41 practice in the other state for the two years preceding
12-42 application. The person must pay to the department a fee that is
12-43 equal to the examination fee for the certificate or order of
12-44 recognition.
12-45 SECTION 22. Section 50.024, Human Resources Code, is amended
12-46 to read as follows:
12-47 Sec. 50.024. BOARD <DEPARTMENT> REGULATION. (a) The board
12-48 <department> may establish, within the scope of social work and
12-49 this chapter, specifically designed areas of specialty work service
12-50 or practice for those persons certified and in good standing as
12-51 certified social workers or social workers. The basis for board
12-52 <department> action in establishing a social work specialty shall
12-53 be founded in the public interest and necessity and for the purpose
12-54 of practicing, aiding, and assisting the public in identifying
12-55 those persons in the professions qualified to practice or perform
12-56 specialty services.
12-57 (b) In establishing a specialty service or practice, the
12-58 board <department> shall define the scope of the specialty,
12-59 establish standards of special qualifications for the specialty
12-60 workers or practitioners that will accurately and truly describe
12-61 the parameters of the specialty and the use of which will be
12-62 prohibited to those who have not satisfied the board <department's>
12-63 requirements for qualification in the specialty, adopt rules of
12-64 conduct for specialty practitioners that will ensure strict
12-65 compliance with and enforcement of this chapter, and adopt rules
12-66 for suspending or revoking the order of recognition in the
12-67 specialty.
12-68 (c) A specialty may not be authorized for the private
12-69 practice of social work except for those persons certified as
12-70 certified social workers under this chapter meeting the minimum
13-1 number of years of actual and active social work practice as
13-2 determined by the board <department>. However, the board
13-3 <department> may not establish any specialty or specialty
13-4 identification in conflict with any licensing law of this state.
13-5 SECTION 23. Section 50.025, Human Resources Code, is amended
13-6 to read as follows:
13-7 Sec. 50.025. Limitations. After the effective date of an
13-8 order of the board <department> establishing areas of specialty
13-9 service or practice, a certified social worker or social worker may
13-10 not make use of a specialty professional identification or title
13-11 designated by the board <department> until the person has qualified
13-12 and been recognized by the board <department> as worthy of the
13-13 public trust in performing services within the scope of the
13-14 specialty.
13-15 SECTION 24. Section 50.026, Human Resources Code, is amended
13-16 to read as follows:
13-17 Sec. 50.026. Recognition Order. After a certified social
13-18 worker or social worker has met all requirements of the board
13-19 <department> for recognition in a specialty established by the
13-20 board <department>, the board <department> shall recognize the
13-21 person as so qualified. The recognition shall be evidenced by an
13-22 order of recognition of specialty of a name, design, and content as
13-23 the board <department> shall determine, setting forth the full name
13-24 of the person, official specialty serial number, the signature of
13-25 the presiding officer <commissioner and the chairman> of the board
13-26 <council>, and the board's <department's> official seal. Issue of
13-27 the order of recognition of specialty shall be evidence that the
13-28 person to whom it is issued has been recognized by this state as a
13-29 specialty social work practitioner under the name or title
13-30 designated by the board <department>.
13-31 SECTION 25. Section 50.027, Human Resources Code, is amended
13-32 to read as follows:
13-33 Sec. 50.027. Expiration. The board <department> by rule
13-34 shall adopt a system under which orders of recognition of specialty
13-35 practice expire on various dates during the year, and the dates for
13-36 renewal shall be adjusted accordingly. On renewal of the specialty
13-37 order of recognition on the expiration date, the total specialty
13-38 order of recognition renewal fee is payable.
13-39 SECTION 26. Section 50.028, Human Resources Code, is amended
13-40 to read as follows:
13-41 Sec. 50.028. Violations. A person who violates this chapter
13-42 or a rule of the board <department> pertaining to the practice of
13-43 social work is subject to a civil penalty of not less than $50 nor
13-44 more than $500 for each day of violation.
13-45 SECTION 27. Section 50.029, Human Resources Code, is amended
13-46 to read as follows:
13-47 Sec. 50.029. INJUNCTIVE RELIEF <ENFORCEMENT>. (a) When it
13-48 appears that a person has violated or is violating or is
13-49 threatening to violate this chapter or a rule or order of the board
13-50 <department> pertaining to social work, the board or department may
13-51 cause a civil suit to be instituted in a district court for
13-52 injunctive relief to restrain the continued violation or threat of
13-53 violation or for the assessment and recovery of the civil penalty,
13-54 as the court may consider proper, or for both injunctive relief and
13-55 civil penalty. On application for injunctive relief and a finding
13-56 that a person is violating or threatening to violate this chapter
13-57 or a rule, variance, or order of the board or department, the
13-58 district court may grant the injunctive relief that the facts
13-59 warrant.
13-60 (b) At the request of the board or department, the attorney
13-61 general shall institute and conduct a suit in the name of this
13-62 state for injunctive relief or to recover the civil penalty or for
13-63 both injunctive relief and penalty, as authorized in Subsection (a)
13-64 <of this section>.
13-65 SECTION 28. Section 50.031, Human Resources Code, is amended
13-66 to read as follows:
13-67 Sec. 50.031. Grants. The board or department may
13-68 <department is hereby empowered and authorized to> take all action
13-69 necessary to qualify for, accept, and receive funds or grants made
13-70 available by the United States or an agency of the United States,
14-1 by this state or any agency of this state, or by a private
14-2 foundation or other source for the establishment and maintenance of
14-3 programs of continuing education.
14-4 SECTION 29. Section 50.032, Human Resources Code, is amended
14-5 to read as follows:
14-6 Sec. 50.032. ENDORSEMENT <Reciprocity>. (a) The board
14-7 <department> may, on application and payment of the appropriate
14-8 fee, grant a provisional certificate to a <certify as a certified
14-9 social worker,> social worker<,> or social work associate <a
14-10 person> who is appropriately certified or licensed by another
14-11 state, territory, or possession of the United States if the
14-12 requirements of that state, territory, or possession for the
14-13 certificate or license are the substantial equivalent of the
14-14 requirements of this chapter as determined by the board
14-15 <department>. An applicant for a provisional certificate under
14-16 this section must:
14-17 (1) be licensed in good standing as a social worker or
14-18 social work associate in another state, the District of Columbia,
14-19 or a territory of the United States that has certification
14-20 requirements that are substantially equivalent to the requirements
14-21 of this chapter;
14-22 (2) have passed a national or other examination
14-23 recognized by the board relating to social work; and
14-24 (3) be sponsored by a person certified by the board
14-25 under this chapter with whom the provisional certificate holder may
14-26 practice under this section.
14-27 (b) An applicant for a provisional certificate may be
14-28 excused from the requirement of Subsection (a)(3) if the board
14-29 determines that compliance with that subsection constitutes a
14-30 hardship to the applicant.
14-31 (c) A provisional certificate is valid until the date the
14-32 board approves or denies the provisional certificate holder's
14-33 application for a certificate. The board shall issue a certificate
14-34 under this chapter to the holder of a provisional certificate under
14-35 this section if:
14-36 (1) the provisional certificate holder passes the
14-37 examination required by Section 50.014;
14-38 (2) the board verifies that the provisional
14-39 certificate holder has the academic and experience requirements for
14-40 a certificate under this chapter; and
14-41 (3) the provisional certificate holder satisfies any
14-42 other certificate requirements under this chapter.
14-43 (d) The board must complete the processing of a provisional
14-44 certificate holder's application for a certificate not later than
14-45 the 180th day after the date the provisional certificate is issued.
14-46 (e) <(b)> The board <department> may waive any certification
14-47 requirement for an applicant with a valid certificate or license
14-48 from another state with which the State of Texas has a reciprocity
14-49 agreement.
14-50 SECTION 30. Section 50.034, Human Resources Code, is amended
14-51 to read as follows:
14-52 Sec. 50.034. Continuing Education. (a) The board by rule
14-53 shall establish mandatory <department may recognize, prepare, or
14-54 administer> continuing education programs for certified social
14-55 workers, social workers, and social work associates certified under
14-56 this chapter<. Participation in the programs is voluntary>.
14-57 (b) The board by rule shall establish a minimum number of
14-58 hours of continuing education required to renew a certificate or
14-59 order of recognition under this chapter. The board may assess the
14-60 continuing education needs of certificate or order of recognition
14-61 holders and may require certificate or order of recognition holders
14-62 to attend continuing education courses specified by the board. The
14-63 board by rule shall develop a process to evaluate and approve
14-64 continuing education courses.
14-65 (c) The board shall identify the key factors for the
14-66 competent performance of professional duties by a certificate or
14-67 order of recognition holder. The board shall adopt a procedure to
14-68 assess the participation in continuing education programs of a
14-69 certificate or order of recognition holder.
14-70 SECTION 31. (a) As soon as possible after the effective
15-1 date of this Act, the governor shall appoint the initial members of
15-2 the Texas State Board of Examiners of Social Workers in accordance
15-3 with Chapter 50, Human Resources Code, as amended by this Act. In
15-4 making the initial appointments, the governor shall designate
15-5 members to serve terms so that one member certified as a social
15-6 worker or social worker associate, one member certified as a social
15-7 worker, and one public member serve for terms:
15-8 (1) expiring February 1, 1995;
15-9 (2) expiring February 1, 1997; and
15-10 (3) expiring February 1, 1999.
15-11 (b) The Texas State Board of Examiners of Social Workers may
15-12 not take any action and is not created until the day after the date
15-13 that the last appointee to the initial board takes office. On the
15-14 date of its creation, the board assumes its functions and:
15-15 (1) the Council for Social Work Certification is
15-16 abolished;
15-17 (2) the obligations, rights, contracts, records and
15-18 other property, and personnel of and unspent money appropriated to
15-19 or for the abolished council are transferred to the Texas State
15-20 Board of Examiners of Social Workers;
15-21 (3) the rules of the abolished council are continued
15-22 in effect as rules of the Texas State Board of Examiners of Social
15-23 Workers until superseded by rule of the new board;
15-24 (4) the licenses, certificates, and orders of
15-25 recognition in effect that were issued by the abolished council are
15-26 continued in effect as licenses, certificates, and orders of
15-27 recognition of the Texas State Board of Examiners of Social
15-28 Workers;
15-29 (5) a complaint or investigation pending before the
15-30 abolished council is transferred without change in status to the
15-31 Texas State Board of Examiners of Social Workers;
15-32 (6) a contested case pending before the abolished
15-33 council is transferred to the State Office of Administrative
15-34 Hearings, and actions taken in the proceeding are treated as if
15-35 taken by the State Office of Administrative Hearings; and
15-36 (7) any reference in a law to the abolished council
15-37 means the Texas State Board of Examiners of Social Workers.
15-38 (c) Regardless of the changes in law made by this Act, until
15-39 the date that the Council for Social Work Certification is
15-40 abolished as provided by this section, the council continues in
15-41 existence and shall administer its functions under the law that
15-42 governed the council before the effective date of this Act, and the
15-43 prior law is continued in effect for that purpose.
15-44 SECTION 32. This Act takes effect September 1, 1993.
15-45 SECTION 33. The importance of this legislation and the
15-46 crowded condition of the calendars in both houses create an
15-47 emergency and an imperative public necessity that the
15-48 constitutional rule requiring bills to be read on three several
15-49 days in each house be suspended, and this rule is hereby suspended.
15-50 * * * * *
15-51 Austin,
15-52 Texas
15-53 May 3, 1993
15-54 Hon. Bob Bullock
15-55 President of the Senate
15-56 Sir:
15-57 We, your Committee on Health and Human Services to which was
15-58 referred S.B. No. 1426, have had the same under consideration, and
15-59 I am instructed to report it back to the Senate with the
15-60 recommendation that it do not pass, but that the Committee
15-61 Substitute adopted in lieu thereof do pass and be printed.
15-62 Zaffirini,
15-63 Chair
15-64 * * * * *
15-65 WITNESSES
15-66 FOR AGAINST ON
15-67 ___________________________________________________________________
15-68 Name: Greg Hooser x
15-69 Representing: Natl Assn of Social Workers
15-70 City: Austin
16-1 -------------------------------------------------------------------
16-2 Name: Gerald Guthrie x
16-3 Representing: TX Dept of Health
16-4 City: Austin
16-5 -------------------------------------------------------------------
16-6 Name: Marilyn Waters x
16-7 Representing: Natl Asso of Social Workers
16-8 City: Austin
16-9 -------------------------------------------------------------------
16-10 Name: Stephine Lucas x
16-11 Representing: Natl Asso of Social Workers
16-12 City: Lubbock
16-13 -------------------------------------------------------------------