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Historical Rule for the Texas Administrative Code

TITLE 22EXAMINING BOARDS
PART 34TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS
CHAPTER 781SOCIAL WORKER LICENSURE
SUBCHAPTER CLICENSES AND LICENSING PROCESS
RULE §781.303Independent Practice Recognition

A LBSW or LMSW who seeks to obtain board approval for the recognition of independent practice shall meet requirements and parameters set by the board.

  (1) To qualify for the recognition of independent practice, as a LBSW, an individual, after licensure, shall obtain 3000 hours of Board approved supervised full-time experience over a minimum two-year period, but within a maximum four-year period or its equivalent if the experience was completed in another state. Supervised experience must have occurred within the five previous calendar years occurring from the date of application.

  (2) To qualify for the recognition of independent practice, as a LMSW, an individual, after licensure, shall obtain 3000 hours of Board approved supervised full-time experience over a minimum two-year period, but within a maximum four-year period or its equivalent if the experience was completed in another state. Supervised experience must have occurred within the five previous calendar years occurring from the date of application.

  (3) To qualify for independent practice the licensee must complete a minimum of 100 hours of face-to-face supervision, over the course of the 3000 hours of full-time experience, with a board approved supervisor. A licensee who plans to apply for independent practice recognition shall:

    (A) submit a supervisory plan to the board for approval by the appropriate committee of the board or executive director within 30 days of initiating supervision. If the licensee fails to submit a supervisory plan, then the licensee will need to submit documentation regarding dates, times and summary of all supervisory sessions at the time the licensee makes application for the upgrade.

    (B) submit a current job description from the agency the social worker is employed in with a verification of authenticity from the agency director or their designee on agency letterhead.

    (C) submit a supervision verification form to the board within 30 days of the end of each supervisory plan with each supervisor. If the supervisor does not recommend the supervisee for recognition as an independent practice, the supervisor must provide specific reasons for not recommending the supervisee. The board may consider the supervisor's reservations in its evaluation of qualifications of the supervisee.

    (D) submit a new supervisory plan within 30 days of changing supervisors.

    (E) An individual providing supervision to a LBSW shall be a LBSW, LMSW, LMSW-AP or LCSW. An individual providing supervision to a LMSW shall be a LMSW, LMSW-AP or LCSW. In addition to the required licensure, the supervisor shall be board-approved and have attained the recognition of independent practice.

  (4) A person who has obtained only the temporary license may not begin the supervision process until the issuance of the regular license.

  (5) The board may use the twenty common law factors developed by the Internal Revenue Service (IRS) as part of their determination process regarding whether a worker is an independent contractor or an employee.

    (A) No instructions to accomplish a job.

    (B) No training by the hiring company.

    (C) Others can be hired by the independent contractor (sub-contracting).

    (D) Independent contractor's work is not essential to the company's success or continuation.

    (E) No time clock.

    (F) No permanent relationship between the contractor and company.

    (G) Independent contractors control their own workers.

    (H) Independent contractor should have enough time available to pursue other jobs.

    (I) Independent contractor determines location of work.

    (J) Independent contractor determines order of work.

    (K) No interim reports.

    (L) No hourly pay.

    (M) Independent contractor often works for multiple firms.

    (N) Independent contractor is often responsible for own business expenses.

    (O) Own tools.

    (P) Significant investment.

    (Q) Services available to the public by having an office and assistants; having business signs; having a business license; listing their services in a business directory; or advertising their services.

    (R) Profit or loss possibilities.

    (S) Can't be fired.

    (T) No compensation if the job isn't done.


Source Note: The provisions of this §781.303 adopted to be effective August 24, 2005, 30 TexReg 4836

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