(a)Types of supervision include:
(1)administrative or work-related supervision of an
employee, contractor or volunteer that is not related to qualification
for licensure, practice specialty recognition, a disciplinary order,
or a condition of new or continued licensure;
(2)clinical supervision of a Licensed Master Social
Worker in a setting in which the LMSW is providing clinical services;
the supervision may be provided by a Licensed Professional Counselor,
Licensed Psychologist, Licensed Marriage and Family Therapist, Licensed
Clinical Social Worker or Psychiatrist. This supervision is not related
to qualification for licensure, practice specialty recognition, a
disciplinary order, or a condition of new or continued licensure;
(3)clinical supervision of a Licensed Master Social
Worker, who is providing clinical services and is under a supervision
plan to fulfill supervision requirements for achieving the LCSW; a
Licensed Clinical Social Worker who is a Council-approved supervisor
delivers this supervision;
(4)non-clinical supervision of a Licensed Master Social
Worker or Licensed Baccalaureate Social Worker who is providing non-clinical
social work service toward qualifications for independent non-clinical
practice recognition; this supervision is delivered by a Council-approved
supervisor; or
(5)Council-ordered supervision of a licensee by a
Council-approved supervisor pursuant to a disciplinary order or as
a condition of new or continued licensure.
(b)A person who wishes to be a Council-approved supervisor
must file an application and pay the applicable fee.
(1)A Council-approved supervisor must be actively
licensed in good standing by the Council as an LBSW, an LMSW, an LCSW,
or be recognized as an Advanced Practitioner (LMSW-AP), or hold the
equivalent social work license in another jurisdiction. The person
applying for Council-approved status must have practiced at his/her
category of licensure for two years. The Council-approved supervisor
shall supervise only those supervisees who provide services that fall
within the supervisor's own competency.
(2)The Council-approved supervisor is responsible
for the social work services provided within the supervisory plan.
(3)The Council-approved supervisor must have completed
a supervisor's training program acceptable to the Council.
[(4)The Council-approved supervisor
must complete three hours of continuing education every biennium in
supervision theory, skills, strategies, and/or evaluation.]
[(5)The Council-approved supervisor
must designate at each license renewal that he/she wishes to continue
Council-approved supervisor status.]
(4)[(6)] The Council-approved
supervisor must submit required documentation and fees to the Council.
(5)[(7)] When a licensee is
designated a Council-approved supervisor, he or she may perform the
following supervisory functions: [.]
(A)An LCSW may supervise clinical experience toward
the LCSW license, non-clinical experience toward the Independent Practice
Recognition (non-clinical), and Council-ordered probated suspension.
[;]
(B)An LMSW-AP may supervise non-clinical experience
toward the non-clinical Independent Practice Recognition; and Council-ordered
probated suspension for non-clinical practitioners. [;]
(C)An LMSW with the Independent Practice Recognition
(non-clinical) who is a Council-approved supervisor may supervise
an LBSW's or LMSW's non-clinical experience toward the non-clinical
Independent Practice Recognition; and an LBSW or LMSW (non-clinical)
under Council-ordered probated suspension. [;]
(D)An LBSW with the non-clinical Independent Practice
Recognition who is a Council-approved supervisor may supervise an
LBSW's non-clinical experience toward the non-clinical Independent
Practice Recognition; and an LBSW under Council-ordered probated suspension.
(6)[(8)] The approved supervisor
must renew the approved supervisor status in conjunction with the
biennial license renewal. The approved supervisor may surrender supervisory
status by documenting the choice on the appropriate Council renewal
form and subtracting the supervisory renewal fee from the renewal
payment. If a licensee who has surrendered supervisory status desires
to regain supervisory status, the licensee must reapply and meet the
current requirements for approved supervisor status.
(7)[(9)] A supervisor must maintain
the qualifications described in this section while he or she is providing
supervision.
(8)[(10)] A Council-approved
supervisor who wishes to provide any form of supervision or Council-ordered
supervision must comply with the following:
(A)The supervisor is obligated to keep legible, accurate,
complete, signed supervision notes and must be able to produce such
documentation for the Council if requested. The notes shall document
the content, duration, and date of each supervision session.
(B)A social worker may contract for supervision with
written approval of the employing agency. A copy of the approval must
accompany the supervisory plan submitted to the Council.
(C)A Council-approved supervisor may not charge or
collect a fee or anything of value from his or her employee or contract
employee for the supervision services provided to the employee or
contract employee.
(D)Before entering into a supervisory plan, the supervisor
shall be aware of all conditions of exchange with the clients served
by her or his supervisee. The supervisor shall not provide supervision
if the supervisee is practicing outside the authorized scope of the
license. If the supervisor believes that a social worker is practicing
outside the scope of the license, the supervisor shall make a report
to the Council.
(E)A supervisor shall not be employed by or under
the employment supervision of the person who he or she is supervising.
(F)A supervisor shall not be a family member of the
person being supervised.
(G)A supervisee must have a clearly defined job description
and responsibilities.
(H)A supervisee who provides client services for payment
or reimbursement shall submit billing to the client or third-party
payers which clearly indicates the services provided and who provided
the services, and specifying the supervisee's licensure category and
the fact that the licensee is under supervision.
(I)If either the supervisor or supervisee has an expired
license or a license that is revoked or suspended during supervision,
supervision hours accumulated during that time will be accepted only
if the licensee appeals to and receives approval from the Council.
(J)A licensee must be a current Council-approved supervisor
in order to provide professional development supervision toward licensure
or specialty recognition, or to provide Council-ordered supervision
to a licensee. Providing supervision without having met all requirements
for current, valid Council-approved supervisor status may be grounds
for disciplinary action against the supervisor.
(K)The supervisor shall ensure that the supervisee
knows and adheres to Subchapter B, Rules of Practice, of this Chapter.
(L)The supervisor and supervisee shall avoid forming
any relationship with each other that impairs the objective, professional
judgment and prudent, ethical behavior of either.
(M)Should a supervisor become subject to a Council
disciplinary order, that person is no longer a Council-approved supervisor
and must so inform all supervisees, helping them to find alternate
supervision. The person may reapply for Council-approved supervisor
status by meeting the terms of the disciplinary order and having their
license in good standing, in addition to submitting an application
for Council-approved supervisor, and proof of completion of a 40-hour
Council-approved supervisor training course, taken no earlier than
the date of execution of the Council order.
(N)The Council may deny, revoke, or suspend Council-approved
supervisory status for violation of the Act or rules. Continuing to
supervise after the Council has denied, revoked, or suspended Council-approved
supervisor status, or after the supervisor's supervisory status expires,
may be grounds for disciplinary action against the supervisor.
(O)If a supervisor's Council-approved status is expired,
suspended, or revoked, the supervisor shall refund all supervisory
fees the supervisee paid after the date the supervisor ceased to be
Council-approved.
(P)A supervisor is responsible for developing a well-conceptualized
supervision plan with the supervisee, and for updating that plan whenever
there is a change in agency of employment, job function, goals for
supervision, or method by which supervision is provided.
(Q)All Council-approved supervisors shall have taken
a Council-approved supervision training course by January 1, 2014
in order to renew Council-approved supervisor status. The Council
recognizes that many licensees have had little, if any, formal education
about supervision theories, strategies, problem-solving, and accountability,
particularly LBSWs who may supervise licensees toward the IPR. Though
some supervisors have functioned as employment supervisors for some
time and have acquired practical knowledge, their practical supervision
skills may be focused in one practice area and may not include current
skills in various supervision methods or familiarity with emerging
supervisory theories, strategies, and regulations. Therefore, the
Council values high-quality, contemporary, multi-modality supervision
training to ensure that all supervisors have refreshed their supervisory
skills and knowledge in order to help supervisees practice safely
and effectively.
(9)[(11)] A Council-approved
supervisor who wishes to provide supervision towards licensure as
an LCSW or towards specialty recognition in Independent Practice (IPR)
or Advanced Practitioner (LMSW-AP), which is supervision for professional
growth, must comply with the following:
(A)Supervision toward licensure or specialty recognition
may occur in one-on-one sessions, in group sessions, or in a combination
of one-on-one and group sessions. Session may transpire in the same
geographic location, or via audio, web technology or other electronic
supervision techniques that comply with HIPAA and Texas Health and
Safety Code, Chapter 611, and/or other applicable state or federal
statutes or rules.
(B)Supervision groups shall have no fewer than two
members and no more than six.
(C)Supervision shall occur in proportion to the number
of actual hours worked. No more than 10 hours of supervision may be
counted in any one month, or 30-day period, as appropriate, towards
satisfying minimum requirements for licensure or specialty recognition.
(D)The Council considers supervision toward licensure
or specialty recognition to be supervision which promotes professional
growth. Therefore, all supervision formats must encourage clear, accurate
communication between the supervisor and the supervisee, including
case-based communication that meets standards for confidentiality.
Though the Council favors supervision formats in which the supervisor
and supervisee are in the same geographical place for a substantial
part of the supervision time, the Council also recognizes that some
current and future technology, such as using reliable, technologically-secure
computer cameras and microphones, can allow personal face-to-face,
though remote, interaction, and can support professional growth. Supervision
formats must be clearly described in the supervision plan, explaining
how the supervision strategies and methods of delivery meet the supervisee's
professional growth needs and ensure that confidentiality is protected.
(E)Supervision toward licensure or specialty recognition
must extend over a full 3000 hours over a period of not less than
24 full months and a period of not more than 48 full months for LCSW
or not more than 60 full months for Independent Practice Recognition
(IPR). Even if the individual completes the minimum of 3000 hours
of supervised experience and minimum of 100 hours of supervision prior
to 24 months from the start date of supervision, supervision which
meets the Council's minimum requirements shall extend to a minimum
of 24 full months.
(F)The supervisor and the supervisee bear professional
responsibility for the supervisee's professional activities.
(G)If the supervisor determines that the supervisee
lacks the professional skills and competence to practice social work
under a regular license, the supervisor shall develop and implement
a written remediation plan for the supervisee.
(H)Supervised professional experience required for
licensure must comply with §781.401 of this title (relating to
Qualifications for Licensure) and §781.402 of this title (relating
to Clinical Supervision for LCSW and Non-Clinical Supervision for
Independent Practice Recognition) of this title and all other applicable
laws and rules.
(10)[(12)] A Council-approved
supervisor who wishes to provide supervision required as a result
of a Council order must comply with this title, all other applicable
laws and rules, and/or the following.
(A)A licensee who is required to be supervised as
a condition of initial licensure, continued licensure, or disciplinary
action must:
(i)submit one supervisory plan for each practice location
to the Council for approval by the Council or its designee within
30 days of initiating supervision;
(ii)submit a current job description from the agency
in which the social worker is employed with a verification of authenticity
from the agency director or his or her designee on agency letterhead
or submit a copy of the contract or appointment under which the licensee
intends to work, along with a statement from the potential supervisor
that the supervisor has reviewed the contract and is qualified to
supervise the licensee in the setting;
(iii)ensure that the supervisor submits reports to
the Council on a schedule determined by the Council. In each report,
the supervisor must address the supervisee's performance, how closely
the supervisee adheres to statutes and rules, any special circumstances
that led to the imposition of supervision, and recommend whether the
supervisee should continue licensure. If the supervisor does not recommend
the supervisee for continued licensure, the supervisor must provide
specific reasons for not recommending the supervisee. The Council
may consider the supervisor's reservations as it evaluates the supervision
verification the supervisee submits; and
(iv)notify the Council immediately if there is a disruption
in the supervisory relationship or change in practice location and
submit a new supervisory plan within 30 days of the break or change
in practice location.
(B)The supervisor who agrees to provide Council-ordered
supervision of a licensee who is under Council disciplinary action
must understand the Council order and follow the supervision stipulations
outlined in the order. The supervisor must address with the licensee
those professional behaviors that led to Council discipline, and must
help to remediate those concerns while assisting the licensee to develop
strategies to avoid repeating illegal, substandard, or unethical behaviors.
(C)Council-ordered and mandated supervision timeframes
are specified in the Council order
The agency certifies that legal counsel
has reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on April 11, 2022
TRD-202201314 Darrel D. Spinks
Executive Director
Texas State Board of Social Worker Examiners
Earliest possible date of adoption: May 22, 2022
For further information, please call: (512) 305-7706
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