The following are severity levels for the schedule of sanctions.
(1)Level One--Revocation of license. These violations
evidence the licensee's intentional or gross misconduct, cause or
pose a high degree of harm to the public, and/or require severe punishment
to deter the licensee, or other licensees. The fact that a license
is ordered revoked does not necessarily mean the licensee can never
regain licensure. The Council may also impose an administrative penalty
of not less than $250 or more than $5,000 for each Level One violation.
Each day a violation continues or occurs is a separate violation for
the purpose of imposing a financial penalty.
(2)Level Two--Suspension[Extended
suspension] of license. These violations involve less misconduct,
harm, or need for deterrence than Level One violations, but require
suspension of licensure for a period of time [not
less than one year]. The Council may also impose an administrative
penalty of not less than $250 or more than $5,000 [$4,000
] for each Level Two violation. Each day a violation continues
or occurs is a separate violation for the purpose of imposing a penalty.
[(3)Level Three--Moderate suspension
of license. These violations involve less misconduct, harm, or need
for deterrence than Level Two violations, but require suspension of
licensure for some period of time. The Council may also impose an
administrative penalty of not less than $250 or more than $3,000 for
each Level Three violation. Each day a violation continues or occurs
is a separate violation for the purpose of imposing a penalty. ]
(3)[(4) ] Level Three [
Four]--Probated suspension of license. These violations do
not involve enough harm, misconduct, or need for deterrence to warrant
suspension of licensure, yet are severe enough to warrant monitoring
of the licensee to ensure future compliance. The Council may also
impose an administrative penalty of not less than $250 or more than
$5,000 [$2,000] for each Level Three [Four
] violation. Each day a violation continues or occurs is a separate
violation for the purpose of imposing a penalty.
(4)[(5)] Level Four [
Five]--Reprimand. These violations involve minor misconduct
not directly involving the health, safety or welfare of the particular
member of the public at issue. The Council may also impose an administrative
penalty of not less than $250 or more than $5,000 [$1,000
] for each Level Four [Five] violation.
Each day a violation continues or occurs is a separate violation for
the purpose of imposing a penalty.
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 July 20, 2022
TRD-202202757 Darrel D. Spinks
Executive Director
Texas State Board of Social Worker Examiners
Earliest possible date of adoption: September 4, 2022
For further information, please call: (512) 305-7706
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