| (a) A LBSW or LMSW who seeks to obtain board approval for the recognition of independent non-clinical practice shall meet requirements and parameters set by the board in §781.301 of this title (relating to Qualifications for Licensure). (b) An individual providing supervision for the recognition of independent non-clinical practice to a LBSW shall be a LBSW recognized for independent non-clinical practice, LMSW recognized for independent non-clinical practice, LMSW-AP or LCSW. An individual providing supervision for the recognition of independent non-clinical practice to a LMSW shall be a LMSW recognized for independent non-clinical practice, LMSW-AP or LCSW. In addition to the required licensure, the supervisor shall be board-approved and have attained the recognition of independent practice. (c) A person who has obtained only the temporary license may not begin the supervision process until the issuance of the regular license. (d) 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. (1) No instructions to accomplish a job. (2) No training by the hiring company. (3) Others can be hired by the independent contractor (sub-contracting). (4) Independent contractor's work is not essential to the company's success or continuation. (5) No time clock. (6) No permanent relationship between the contractor and company. (7) Independent contractors control their own workers. (8) Independent contractor should have enough time available to pursue other jobs. (9) Independent contractor determines location of work. (10) Independent contractor determines order of work. (11) No interim reports. (12) No hourly pay. (13) Independent contractor often works for multiple firms. (14) Independent contractor is often responsible for own business expenses. (15) Own tools. (16) Significant investment. (17) 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. (18) Profit or loss possibilities. (19) Can't be fired. (20) No compensation if the job isn't done. (e) A LBSW or LMSW who plans to apply for the recognition of non-clinical independent practice shall follow procedures set out in §781.302 of this title (relating to Clinical Supervision for LCSW and Non-Clinical Supervision for LMSW-AP and Independent Practice Recognition). (f) A LBSW or LMSW may practice independently when the LMSW or LBSW holds the independent practice specialty recognition, is under application for the specialty recognition under the waiver of the supervised experience requirement, or when under a supervision plan for independent practice that has been approved by the board. |
| Source Note: The provisions of this §781.303 adopted to be effective August 24, 2005, 30 TexReg 4836; amended to be effective March 4, 2007, 32 TexReg 890; amended to be effective February 21, 2008, 33 TexReg 1336 |
