By Naishtat                                     H.B. No. 2618

      75R7280 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(a), Human Resources Code, is

 1-6     amended to read as follows:

 1-7           (a)  The board shall deny, revoke, [or] suspend, or suspend

 1-8     on an emergency basis a license or order of recognition,  place on

 1-9     probation a person whose license or order of recognition has been

1-10     suspended, or reprimand a person with a license or order of

1-11     recognition for any of the following reasons:

1-12                 (1)  violating a provision of this chapter or a rule of

1-13     the board;

1-14                 (2)  circumventing or attempting to circumvent this

1-15     chapter or a rule of the board;

1-16                 (3)  participating, directly or indirectly, in a plan,

1-17     scheme, or arrangement attempting or having as its purpose the

1-18     evasion of this chapter or a rule of the board;

1-19                 (4)  engaging in unethical conduct;

1-20                 (5)  engaging in conduct which discredits or tends to

1-21     discredit the profession of social work;

1-22                 (6)  performing an act, allowing an omission, or making

1-23     an assertion or representation that is fraudulent, deceitful, or

1-24     misleading or that in any manner tends to create a misleading

 2-1     impression;

 2-2                 (7)  knowingly associating with or permitting or

 2-3     allowing the use of any licensed person's professional services or

 2-4     professional identification in a project or enterprise that the

 2-5     person knows or with the exercise of reasonable diligence should

 2-6     know is a practice that violates this chapter or a rule of the

 2-7     board pertaining to the practice of social work;

 2-8                 (8)  knowingly associating with or permitting the use

 2-9     of a licensed person's name, professional services, professional

2-10     identification, or endorsement in connection with a venture or

2-11     enterprise that the person knows or with the exercise of reasonable

2-12     diligence should know is a trade, business, or professional

2-13     practice of a fraudulent, deceitful, misleading, or dishonest

2-14     nature;

2-15                 (9)  revealing, directly or indirectly, or causing to

2-16     be revealed a confidential communication transmitted to the

2-17     licensed person by a client or recipient of his services except as

2-18     may be required by law;

2-19                 (10)  having a certificate or a license to practice

2-20     social work in another jurisdiction denied, suspended, or revoked

2-21     for reasons or causes the board finds would constitute a violation

2-22     of this chapter or a rule pertaining to the practice of social work

2-23     adopted by the board;

2-24                 (11)  having been convicted of a felony in an American

2-25     jurisdiction;

2-26                 (12)  refusing to do or perform any act or service for

2-27     which the person is licensed under this chapter solely on the basis

 3-1     of the recipient's age, sex, race, religion, national origin,

 3-2     color, or political affiliation;  or

 3-3                 (13)  committing an act for which liability exists

 3-4     under Chapter 81, Civil Practice and Remedies Code.

 3-5           SECTION 2.  Section 50.022, Human Resources Code, is amended

 3-6     to read as follows:

 3-7           Sec. 50.022.  DISCIPLINARY PROCEEDINGS.  (a)  A proceeding

 3-8     under Section 50.021 begins when a charge is filed with the

 3-9     department and referred to the board in writing and under oath.

3-10     The charge may be made by any person.

3-11           (b)  A person is entitled to notice and a hearing before the

3-12     State Office of Administrative Hearings before a sanction is

3-13     imposed under Section 50.021.

3-14           (c)  Disciplinary proceedings and the appeals from the

3-15     proceedings are governed by Chapter 2001, Government Code.  The

3-16     board by rule shall adopt a broad schedule of sanctions for

3-17     violations under this chapter.  The State Office of Administrative

3-18     Hearings shall use the schedule for any sanction imposed as the

3-19     result of a hearing conducted by that office.

3-20           (d)  A person whose license or order of recognition has

3-21     expired and who is found by the board to have violated this chapter

3-22     or a rule adopted under this chapter during the time the license or

3-23     order of recognition was unexpired is subject to a sanction under

3-24     this chapter.  Subsections (b) and (c) apply to a proceeding

3-25     against a person under this subsection.

3-26           SECTION 3.  Section 50.0222, Human Resources Code, is amended

3-27     by adding Subsection (d) to read as follows:

 4-1           (d)  The board may conduct an investigation of a complaint

 4-2     and reach a decision as to the validity of the complaint regardless

 4-3     of the status of the license or order of recognition of the person

 4-4     against whom the complaint is issued.

 4-5           SECTION 4.  (a)  This Act takes effect September 1, 1997.

 4-6           (b)  The Texas State Board of Social Worker Examiners shall

 4-7     adopt rules for the emergency suspension of a social worker's

 4-8     license or order of recognition under Section 50.021(a), Human

 4-9     Resources Code, as amended by this Act, not later than December 1,

4-10     1997.

4-11           SECTION 5.  The importance of this legislation and the

4-12     crowded condition of the calendars in both houses create an

4-13     emergency and an imperative public necessity that the

4-14     constitutional rule requiring bills to be read on three several

4-15     days in each house be suspended, and this rule is hereby suspended.