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  -------------------------------------------------------------------