JKC H.B. 2618 75(R)BILL ANALYSIS


HUMAN SERVICES
H.B. 2618
By: Naishtat
04-28-97
Committee Report (Substituted)



BACKGROUND

There is no provision in the Texas Professional Social Work Act, Chapter
50, Human Resources Code, to authorize the Texas State Board of Social
Worker Examiners to suspend a license on an emergency basis when the
continued practice of the licensee represents an immediate threat of
substantial harm to the public.  Other licensures, i.e., Licensed
Professional Counselors, already contain such provisions in their laws.
Currently, even with evidence of substantial harm, the process of revoking
a license may take over a year.  During this entire period, the licensee
may continue to practice and endanger the public.  

In addition, there is a second related issue.  Some licensees who are
under investigation for incompetent or unethical practice manage to evade
action by the board by allowing their license to lapse rather than respond
to the complaint.  If the license is not renewed, the board no longer has
jurisdiction over the individual to continue an investigation, and no
finding can be rendered regarding the complaint's validity.  Two problems
result: (a) the individual may apply for a license in another state
without having to report any disciplinary action related to their Texas
license; and (2) if the individual reapplies for licensure in Texas at a
later date, it may be difficult or impossible to prove the original
complaint, due to the unavailability of witnesses and other complications
resulting from the passage of time. 

PURPOSE

The purpose of this bill is to authorize the Texas State Board of Social
Worker Examiners to deny or suspend a license on an emergency basis, to
complete the investigation of all complaints regardless of the status of
the respondent's license, and to reach conclusions regarding the validity
of a complaint based on the evidence.  This bill also establishes
parameters within which an emergency suspension of a license may take
place.  

RULEMAKING AUTHORITY

Under SECTION 4 (b), the Texas State Board of Social Worker Examiners is
granted the authority to adopt rules providing for the emergency
suspension 

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Section 50.021(a) of the Human Resources Code to
authorize the board to suspend a license in emergency.  

Also amends Section 50.021 by adding Subsection (c), setting up parameters
within which an emergency suspension of a license would take place. 

SECTION 2.Amends Section 50.022 of the Human Resources Code by adding
Subsection (d), granting the board the authority to impose a sanction
against an individual whose license is not current. 

 SECTION 3.Amends Section 50.0222 of the Human Resources Code by adding
Subsection (d), giving the board the authority to conduct an investigation
without regard to the status of the respondent's license. 

SECTION 4.(a)Effective Date: September 1, 1997.  Allows the Texas State 

(b)Requires the Texas State Board of Social Worker Examiners to adopt
rules for the emergency suspension of a social worker's license or order
of recognition under Section 50.021(a), Human Resources Code, as amended,
by December 1, 1997. 

SECTION 5.Emergency clause.

COMPARISON OF SUBSTITUTE TO ORIGINAL

SECTION 1.In the committee substitute, Section 50.021, Human Resources
Code, is further amended by adding Subsection (c) to set up parameters
within which an emergency suspension of a license would take place.