Texas Register

TITLE 22 EXAMINING BOARDS
PART 34TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS
CHAPTER 781SOCIAL WORKER LICENSURE
SUBCHAPTER CLICENSES AND LICENSING PROCESS
RULE §781.301Qualifications for Licensure
ISSUE 09/29/2006
ACTION Proposed
Preamble Texas Admin Code Rule

(a)The following education and experience is required for the specified licenses and specialty recognitions:

  (1) - (3) (No change.)

  (4)Licensed Baccalaureate Social Worker (LBSW).

    (A)(No change.)

    (B)Passing score on the basic or Bachelors exam administered nationally by ASWB.

(b)Only a person who is licensed and has been recognized by the board as follows is qualified to provide clinical and non-clinical social work services in employment or independent practice settings. [ for independent practice is qualified for the independent practice of social work.]

  (1)A LCSW may provide any clinical or non-clinical social work services in either an employment or independent practice setting. A LCSW may work under contract, bill directly for services, and bill third parties for reimbursements for services.

   (2)A LMSW-AP may provide any non-clinical social work services in either an employment or an independent practice setting. A LMSW-AP may work under contract, bill directly for services, and bill third parties for reimbursements for services.

   (3)A LBSW or LMSW recognized for independent practice may provide any non-clinical social work services in either an employment or an independent practice setting. A LBSW or LMSW recognized for independent practice may work under contract, bill directly for services, and bill third parties for reimbursements for services.

  (4)[(2)] A [An LMSW-AP, ] LBSW or LMSW recognized for independent practice and a LMSW-AP must restrict his or her independent practice to the provision of non-clinical social work services.

(c)[(3)] After August 1, 2007, a [A] licensee that had not submitted an application for Independent Practice Recognition and an application for waiver of supervised experience requirements, along with the appropriate fees and supporting documentation and whose application is still pending must not engage in any independent practice that falls within the definition of social work practice in §781.102 of this title (relating to Definitions [definitions ]) without being licensed and recognized by the board unless the person is licensed in another profession and acting solely within the scope of that license. If engaged in professional practice under another license, the [The] person may not use the titles "licensed clinical social worker," "licensed master social worker," "licensed social worker," "licensed baccalaureate social worker," or "social work associate" or any other title or initials that states or implies licensure or certification in social work unless one holds the appropriate license or independent practice recognition.

(d)[(4)] After August 1, 2007, a LBSW or LMSW [A licensee] who is not recognized for independent practice may not provide direct social work services to clients from a location that she or he owns or leases and that is not owned or leased by an employer or other legal entity with responsibility for the client. This does not preclude in home services such as in home health care or the use of telephones or other electronic media to provide services in an emergency.

(e)After August 1, 2007, a LBSW or LMSW who is not recognized for independent practice or is not exempt under subsection (c) of this section, may only practice for remuneration in a direct employment or agency setting and can not work under contract, bill directly to patients or to third party payers, unless the LBSW or LMSW is under a formal supervision plan approved by the board.

(f) [(c)] Applicants for a license must complete the board's jurisprudence examination and submit proof of completion at the time of application. The jurisprudence examination must have been completed no more than six months prior to the date of application.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 18, 2006

TRD-200605157

Jeannie McGuire, LBSW

Chair

Texas State Board of Social Worker Examiners

Proposed date of adoption: November 28, 2006

For further information, please call: (512) 458-7111 x6972



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