By Naishtat H.B. No. 2618
75R9917 BEM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to disciplinary proceedings and investigation of a
1-3 complaint against a social worker.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 50.021, Human Resources Code, is amended
1-6 by amending Subsection (a) and adding Subsection (c) to read as
1-7 follows:
1-8 (a) The board shall deny, revoke, [or] suspend, or suspend
1-9 on an emergency basis a license or order of recognition, place on
1-10 probation a person whose license or order of recognition has been
1-11 suspended, or reprimand a person with a license or order of
1-12 recognition for any of the following reasons:
1-13 (1) violating a provision of this chapter or a rule of
1-14 the board;
1-15 (2) circumventing or attempting to circumvent this
1-16 chapter or a rule of the board;
1-17 (3) participating, directly or indirectly, in a plan,
1-18 scheme, or arrangement attempting or having as its purpose the
1-19 evasion of this chapter or a rule of the board;
1-20 (4) engaging in unethical conduct;
1-21 (5) engaging in conduct which discredits or tends to
1-22 discredit the profession of social work;
1-23 (6) performing an act, allowing an omission, or making
1-24 an assertion or representation that is fraudulent, deceitful, or
2-1 misleading or that in any manner tends to create a misleading
2-2 impression;
2-3 (7) knowingly associating with or permitting or
2-4 allowing the use of any licensed person's professional services or
2-5 professional identification in a project or enterprise that the
2-6 person knows or with the exercise of reasonable diligence should
2-7 know is a practice that violates this chapter or a rule of the
2-8 board pertaining to the practice of social work;
2-9 (8) knowingly associating with or permitting the use
2-10 of a licensed person's name, professional services, professional
2-11 identification, or endorsement in connection with a venture or
2-12 enterprise that the person knows or with the exercise of reasonable
2-13 diligence should know is a trade, business, or professional
2-14 practice of a fraudulent, deceitful, misleading, or dishonest
2-15 nature;
2-16 (9) revealing, directly or indirectly, or causing to
2-17 be revealed a confidential communication transmitted to the
2-18 licensed person by a client or recipient of his services except as
2-19 may be required by law;
2-20 (10) having a certificate or a license to practice
2-21 social work in another jurisdiction denied, suspended, or revoked
2-22 for reasons or causes the board finds would constitute a violation
2-23 of this chapter or a rule pertaining to the practice of social work
2-24 adopted by the board;
2-25 (11) having been convicted of a felony in an American
2-26 jurisdiction;
2-27 (12) refusing to do or perform any act or service for
3-1 which the person is licensed under this chapter solely on the basis
3-2 of the recipient's age, sex, race, religion, national origin,
3-3 color, or political affiliation; or
3-4 (13) committing an act for which liability exists
3-5 under Chapter 81, Civil Practice and Remedies Code.
3-6 (c) If the board suspends a license or order of recognition
3-7 on an emergency basis, the suspension is effective immediately.
3-8 The board shall provide an opportunity for a hearing to be held not
3-9 later than the 20th day after the date of the emergency suspension.
3-10 SECTION 2. Section 50.022, Human Resources Code, is amended
3-11 to read as follows:
3-12 Sec. 50.022. DISCIPLINARY PROCEEDINGS. (a) A proceeding
3-13 under Section 50.021 begins when a charge is filed with the
3-14 department and referred to the board in writing and under oath.
3-15 The charge may be made by any person.
3-16 (b) A person is entitled to notice and a hearing before the
3-17 State Office of Administrative Hearings before a sanction is
3-18 imposed under Section 50.021.
3-19 (c) Disciplinary proceedings and the appeals from the
3-20 proceedings are governed by Chapter 2001, Government Code. The
3-21 board by rule shall adopt a broad schedule of sanctions for
3-22 violations under this chapter. The State Office of Administrative
3-23 Hearings shall use the schedule for any sanction imposed as the
3-24 result of a hearing conducted by that office.
3-25 (d) A person whose license or order of recognition has
3-26 expired and who is found by the board to have violated this chapter
3-27 or a rule adopted under this chapter during the time the license or
4-1 order of recognition was unexpired is subject to a sanction under
4-2 this chapter. Subsections (b) and (c) apply to a proceeding
4-3 against a person under this subsection.
4-4 SECTION 3. Section 50.0222, Human Resources Code, is amended
4-5 by adding Subsection (d) to read as follows:
4-6 (d) The board may conduct an investigation of a complaint
4-7 and reach a decision as to the validity of the complaint regardless
4-8 of the status of the license or order of recognition of the person
4-9 against whom the complaint is issued.
4-10 SECTION 4. (a) This Act takes effect September 1, 1997.
4-11 (b) The Texas State Board of Social Worker Examiners shall
4-12 adopt rules for the emergency suspension of a social worker's
4-13 license or order of recognition under Section 50.021(a), Human
4-14 Resources Code, as amended by this Act, not later than December 1,
4-15 1997.
4-16 SECTION 5. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.