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.