By Bernsen S.B. No. 1678
76R4534 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of social workers and social work
1-3 associates; providing an administrative penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 50.017, Human Resources Code, is amended
1-6 to read as follows:
1-7 Sec. 50.017. SOCIAL WORK ASSOCIATE. (a) The board shall
1-8 consider the following as minimum evidence that an applicant is
1-9 qualified to be examined for a license as a social work associate:
1-10 (1) a baccalaureate degree in the behavioral or social
1-11 sciences or in a related field from an accredited educational
1-12 institution; and
1-13 (2) [the additional] satisfactory completion of a
1-14 reasonable specified number of years of actual and active social
1-15 work experience approved by the board[; or]
1-16 [(2) an associate of arts degree in the behavioral
1-17 sciences as determined by the board from an accredited educational
1-18 institution and the additional satisfactory completion of a
1-19 reasonable specified number of years of actual and active social
1-20 work experience approved by the board].
1-21 (b) A licensed social work associate may engage in the
1-22 practice of social work or perform social work services only under
1-23 the supervision of a licensed master social worker or licensed
1-24 social worker.
2-1 SECTION 2. Chapter 50, Human Resources Code, is amended by
2-2 adding Sections 50.0225-50.0228 to read as follows:
2-3 Sec. 50.0225. SUBPOENA. (a) The board may request and, if
2-4 necessary, compel by subpoena the attendance of witnesses for
2-5 examination under oath and the production for inspection and
2-6 copying of books, accounts, records, papers, correspondence,
2-7 documents, and other evidence relevant to the investigation of an
2-8 alleged violation of this chapter.
2-9 (b) If a person fails to comply with a subpoena issued under
2-10 this section, the board, acting through the attorney general, may
2-11 file suit to enforce the subpoena in a district court in Travis
2-12 County or in the county in which a hearing conducted by the board
2-13 may be held. On finding that good cause exists for the issuance of
2-14 the subpoena, the court shall order compliance with the
2-15 requirements of the subpoena. Failure to obey the order of the
2-16 court may be punished by the court as contempt.
2-17 Sec. 50.0226. REPORT OF VIOLATION. In a written, signed
2-18 report to the appropriate licensing board, agency, or facility, a
2-19 person licensed under this chapter may report an incident that the
2-20 person has reasonable cause to believe has exposed a client to
2-21 substantial risk of harm, including:
2-22 (1) a failure to provide care that conforms to the
2-23 minimum standards of acceptable and prevailing professional
2-24 practice;
2-25 (2) illegal billing practices; or
2-26 (3) falsification of records.
2-27 Sec. 50.0227. REPORTING IMMUNITY. A person who, without
3-1 malice, makes a report authorized, or reasonably believed to be
3-2 authorized, under Section 50.0226:
3-3 (1) is immune from civil liability; and
3-4 (2) may not be subjected to other retaliatory action
3-5 as a result of making the report.
3-6 Sec. 50.0228. CAUSE OF ACTION FOR RETALIATION. (a) A
3-7 person named as a defendant in a civil action or subjected to other
3-8 retaliatory action as a result of filing a report authorized, or
3-9 reasonably believed to be authorized, under Section 50.0226 may
3-10 file a counterclaim in the pending action or prove a cause of
3-11 action in a subsequent suit to recover defense costs, including
3-12 reasonable attorney's fees and actual and punitive damages, if the
3-13 suit or retaliatory action is determined to be frivolous,
3-14 unreasonable, or taken in bad faith.
3-15 (b) A person may not suspend or terminate the employment of,
3-16 or otherwise discipline or discriminate against, a person who makes
3-17 a report, without malice, under Section 50.0226.
3-18 (c) A person who makes a report under Section 50.0226 has a
3-19 cause of action against a person who violates Subsection (b) and
3-20 may recover:
3-21 (1) the greater of:
3-22 (A) actual damages, including damages for mental
3-23 anguish even if no other injury is shown; or
3-24 (B) $1,000;
3-25 (2) exemplary damages;
3-26 (3) court costs; and
3-27 (4) reasonable attorney's fees.
4-1 (d) In addition to the amount recovered under Subsection
4-2 (c), a person whose employment is suspended or terminated in
4-3 violation of this section is entitled to:
4-4 (1) reinstatement in the employee's former position or
4-5 severance pay in an amount equal to three months of the employee's
4-6 most recent salary; and
4-7 (2) compensation for wages lost during the period of
4-8 suspension or termination.
4-9 (e) A person who brings an action under this section has the
4-10 burden of proof. It is a rebuttable presumption that the person's
4-11 employment was suspended or terminated for making a report under
4-12 Section 50.0226 if:
4-13 (1) the person was suspended or terminated within 60
4-14 days after the date the report was made; and
4-15 (2) the person to whom the report that is the subject
4-16 of the cause of action was made or the court determines that the
4-17 report was:
4-18 (A) authorized under Section 50.0226; and
4-19 (B) made without malice.
4-20 (f) An action under this section may be brought in a
4-21 district court of the county in which:
4-22 (1) the plaintiff resides;
4-23 (2) the plaintiff was employed by the defendant; or
4-24 (3) the defendant conducts business.
4-25 SECTION 3. Section 50.023(e), Human Resources Code, is
4-26 amended to read as follows:
4-27 (e) If a person's license or certificate or order of
5-1 recognition has been expired for one year or longer, the person may
5-2 not renew the license or order of recognition. The person may
5-3 obtain a new license or order of recognition by submitting to
5-4 reexamination[, if an examination was originally required,] and
5-5 complying with the requirements and procedures for obtaining an
5-6 original license or [certificate or] order of recognition.
5-7 However, the board may renew without reexamination an expired
5-8 license or certificate or order of recognition of a person who was
5-9 licensed in this state, moved to another state, and is currently
5-10 licensed or certified and has been in practice in the other state
5-11 for the two years preceding application. The person must pay to
5-12 the department a fee that is equal to the examination fee for the
5-13 license or order of recognition.
5-14 SECTION 4. Section 50.028, Human Resources Code, is amended
5-15 to read as follows:
5-16 Sec. 50.028. CIVIL PENALTY [VIOLATIONS]. A person who
5-17 violates this chapter or a rule or order of the board pertaining to
5-18 the practice of social work is subject to a civil penalty of not
5-19 less than $50 nor more than $500 for each day of violation.
5-20 SECTION 5. The heading to Section 50.029, Human Resources
5-21 Code, is amended to read as follows:
5-22 Sec. 50.029. SUIT FOR CIVIL PENALTY OR INJUNCTIVE RELIEF.
5-23 SECTION 6. Chapter 50, Human Resources Code, is amended by
5-24 adding Section 50.0295 to read as follows:
5-25 Sec. 50.0295. ADMINISTRATIVE PENALTY. (a) The board may
5-26 impose an administrative penalty on a person licensed under this
5-27 chapter who violates this chapter or a rule or order adopted under
6-1 this chapter.
6-2 (b) The amount of the penalty may not be less than $50 or
6-3 exceed $500, and each day a violation continues or occurs is a
6-4 separate violation for the purpose of imposing a penalty. The
6-5 penalty shall be based on:
6-6 (1) the seriousness of the violation, including the
6-7 nature, circumstances, extent, and gravity of the violation;
6-8 (2) the economic harm caused by the violation;
6-9 (3) the history of previous violations;
6-10 (4) the amount necessary to deter a future violation;
6-11 (5) efforts to correct the violation; and
6-12 (6) any other matter that justice may require.
6-13 (c) The enforcement of the penalty may be stayed during the
6-14 time the order is under judicial review if the person pays the
6-15 penalty to the clerk of the court or files a supersedeas bond with
6-16 the court in the amount of the penalty. A person who cannot afford
6-17 to pay the penalty or file the bond may stay the enforcement by
6-18 filing an affidavit in the manner required by the Texas Rules of
6-19 Civil Procedure for a party who cannot afford to file security for
6-20 costs, subject to the right of the board to contest the affidavit
6-21 as provided by those rules.
6-22 (d) The attorney general may sue to collect the penalty.
6-23 (e) A proceeding to impose the penalty is considered to be a
6-24 contested case under Chapter 2001, Government Code.
6-25 SECTION 7. (a) This Act takes effect September 1, 1999.
6-26 (b) The change in law made by Sections 50.017 and 50.023(e),
6-27 Human Resources Code, as amended by this Act, applies only to a
7-1 person who files an application for a license or order of
7-2 recognition on or after the effective date of this Act. A person
7-3 who filed an application for a license or order of recognition
7-4 before the effective date of this Act is governed by the law in
7-5 effect on the date the application was filed, and the former law is
7-6 continued in effect for that purpose.
7-7 (c) The change in law made by Sections 50.0226-50.0228,
7-8 Human Resources Code, as added by this Act, applies only to a
7-9 report made on or after the effective date of this Act. A report
7-10 made before the effective date of this Act is governed by the law
7-11 in effect on the date the report was made, and the former law is
7-12 continued in effect for that purpose.
7-13 (d) The change in law made by Section 50.0295, Human
7-14 Resources Code, as added by this Act, applies only to a violation
7-15 committed on or after the effective date of this Act. For purposes
7-16 of this subsection, a violation is committed before the effective
7-17 date of this Act if any element of the violation occurs before that
7-18 date. A violation committed before the effective date of this Act
7-19 is covered by the law in effect when the violation was committed,
7-20 and the former law is continued in effect for that purpose.
7-21 SECTION 8. The importance of this legislation and the
7-22 crowded condition of the calendars in both houses create an
7-23 emergency and an imperative public necessity that the
7-24 constitutional rule requiring bills to be read on three several
7-25 days in each house be suspended, and this rule is hereby suspended.