SRC-DPW S.B. 1678 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1678
76R4534 SMH-DBy: Bernsen
Human Services
4/12/1999
As Filed


DIGEST 

Currently, a whistle blower protective provision is lacking to protect
licensed social workers who report violations.  Violations of provisions of
Chapter 50, Human Resources Code, pertaining to social work are subject to
civil penalties not to exceed $500.  This bill would set forth guidelines
for the regulation of social workers and social work associates, provide
administrative penalties for violations of the Act, and create a whistle
blower provision for licensed social workers.  

PURPOSE

As proposed, S.B. 1678 sets forth the regulation of social workers and
social work associates, and provides administrative penalties for
violations of the Act.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 50.017, Human Resources Code, to require the
Texas State Board of Social Worker Examiners (examiners board) to consider
a baccalaureate degree in the behavioral or social sciences or in a related
field as minimum evidence that an applicant is qualified to be examined for
a license as a social work associate.  Authorizes a licensed social work
associate to engage in the practice of social work and perform social work
services only under the supervision of a licensed social worker or master
social worker. Deletes a provision regarding an associate of arts degree. 

SECTION 2. Amends Chapter 50, Human Resources Code, by adding Sections
50.0225 - 50.0228, as follows: 

Sec. 50.0225. SUBPOENA. Authorizes the examiners board to request and
compel by subpoena the attendance of witnesses for examination under oath
and the production for inspection of certain materials and evidence
relevant to the investigation of an alleged violation of this chapter.
Authorizes the examiners board, acting through the attorney general, to
file suit to enforce the subpoena in a district court in a certain county,
if a person fails to comply with a subpoena issued under this section.   

Sec. 50.0226. REPORT OF VIOLATION. Authorizes a person licensed under this
chapter to report in a written, signed report submitted to the appropriate
licensing board, agency, or facility,  an incident the person believes to
have exposed a client to substantial risk of harm, including a failure to
provide proper care, illegal billing practices, and falsification of
records. 

Sec. 50.0227. REPORTING IMMUNITY.  Provides that a person who makes a
report authorized under Section 50.0226, is immune for civil liability and
is prohibited from being subjected to other retaliatory action as a result
of making the report. 

Sec. 50.0228. CAUSE OF ACTION FOR RETALIATION. Authorizes a person named as
a defendant in a civil action or subjected to other retaliatory action as a
result of filing a report to file a counterclaim in the pending action  or
prove a cause of action in a subsequent suit to recover defense costs and
punitive damages, if the suit or retaliatory action is determined to be
frivolous, unreasonable, or taken in bad faith.  Prohibits a person from
terminating, disciplining, or discriminating against a person who makes a
report without malice.  Provides that a person  who makes a report under
Section 50.0226 has a cause of action against a person who violates
Subsection (b) and is authorized to recover certain damages and fees.
Entitles a person whose employment is suspended or terminated in violation
of this section to reinstatement or severance pay in an amount equal to
three months of the employee's recent salary, and compensation for wages
lost during the period of suspension or termination, in addition to the
amount recovered under Subsection (c).  Provides that a person who brings
an action under this section has the burden of proof. Provides that it is a
rebuttable presumption that a person's employment was suspended or
terminated for making a report if the person was suspended or terminated
within 60 days of making a report determined by the court to be authorized
under Section 50.0226 and made without malice.  Sets forth acceptable
venues for an action under this section. 

SECTION 3. Amends Section 50.023(e), Human Resources Code, to delete text
regarding an examination originally required and a certificate. 

SECTION 4. Amends Section 50.028, Human Resources Code, as follows:

Sec. 50.028. New heading: CIVIL PENALTY. Provides that a person who
violates an order of the examiner's board is subject to a civil penalty. 

SECTION 5. Amends the heading to Section 50.029, Human Resources Code, as
follows: 

Sec. 50.029. New heading: SUIT FOR CIVIL PENALTY OR INJUNCTIVE RELIEF.

SECTION 6. Amends Chapter 50, Human Resources Code, by adding Section
50.0295, as follows: 

Sec. 50.0295. ADMINISTRATIVE PENALTY.  Authorizes the examiner's board to
impose an administrative penalty on a licensed person who violates this
chapter or a rule or order adopted under this chapter.  Prohibits the
amount of the penalty from being less than $50 and not to exceed $500, and
provides that each day a violation continues or occurs is a separate
violation.  Sets forth the basis for the penalty.  Authorizes the
enforcement of the penalty to be stayed during  the time the order is under
judicial review if the person pays the penalty to the clerk of the court or
files a supersedeas bond with the court in the amount of the penalty.
Authorizes a person who cannot afford to pay the penalty or file the bond
to stay the enforcement by filing an affidavit, subject to contest by the
examiner' board,  in a certain manner required by the Texas Rules of Civil
Procedure.  Authorizes the attorney general to sue to collect the penalty.
Provides that a proceeding to impose the penalty is considered to be a
contested case under Chapter 2001, Government Code. 

SECTION 7.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 8. Emergency clause.