Texas Register

TITLE 22 EXAMINING BOARDS
PART 34TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS
CHAPTER 781SOCIAL WORKER LICENSURE
SUBCHAPTER CLICENSES AND LICENSING PROCESS
RULE §781.302Clinical Supervision for LCSW and Non-Clinical Supervision for [or] LMSW-AP and Independent Practice Recognition
ISSUE 09/29/2006
ACTION Proposed
Preamble Texas Admin Code Rule

(a)A person who has obtained only the temporary license may not begin the supervision process toward independent non-clinical practice or independent clinical practice until the issuance of the regular license.

(b)An [A] LMSW who plans to apply for the LCSW or LMSW-AP must:

  (1)submit a supervisory plan to the board for approval by the appropriate committee of the board or executive director/designee within 30 days of initiating supervision. If the LMSW fails to submit a supervisory plan, then the LMSW's supervisor must provide to the supervisee who in turn [LMSW] will need to submit to the board documentation regarding dates, times and summary of all supervisory sessions at the time the LMSW submits a clinical/non-clinical supervision verification form [makes application for the LCSW or LMSW-AP];

  (2)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 their designee on agency letterhead;

  (3)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 AP or LCSW, 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; and

  (4)submit a new supervisory plan within 30 days of changing supervisors. Only one supervisory plan may be in place at any time.

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

(c)A LBSW or an LMSW who plans to apply for the Independent Practice Recognition must:

  (1)submit a supervisory plan to the board for approval by the appropriate committee of the board or executive director/designee within 30 days of initiating supervision. If the LBSW or LMSW fails to submit a supervisory plan, then the supervisor for the LBSW or LMSW must provide to the supervisee who in turn will need to submit to the board documentation regarding dates, times and summary of all supervisory sessions at the time the LMSW submits a non-clinical supervision verification form;

  (2)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 their designee on agency letterhead or submit a copy of the contract or appointment under which the LBSW or LMSW intends to work, along with a statement from their potential supervisor that he or she has reviewed the contract and is qualified to supervise the LBSW or LMSW in the setting;

  (3)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 independent practice recognition, 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; and

  (4)submit a new supervisory plan within 30 days of changing supervisors. Only one supervisory plan may be in place at any time.

(d)A licensee who is required to be supervised as a condition of initial or continued licensure must:

  (1)submit a supervisory plan to the board for approval by the appropriate committee of the board or executive director/designee within 30 days of initiating supervision;

  (2)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 their 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 their potential supervisor that he or she has reviewed the contract and is qualified to supervise the licensee in the setting;

  (3)ensure that their supervisor submits reports to the board at the schedule determined by the board. In each report, the supervisor must report on the status of the supervisee's performance, adherence to statutes and rules, address 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 board may consider the supervisor's reservations in its evaluation of qualifications of the supervisee; and

  (4)notify the board immediately if there is a break in the supervisory relationship and submit a new supervisory plan within 30 days of the break. Only one supervisory plan may be in place at any time.

(e)A licensee who is required to be supervised as a result of disciplinary action must:

  (1)submit a supervisory plan to the board for approval by the appropriate committee of the board or executive director/designee within 30 days of initiating supervision;

  (2)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 their 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 their potential supervisor that he or she has reviewed the contract and is qualified to supervise the licensee in the setting;

  (3)ensure that their supervisor submits reports to the board at the schedule determined by the board. In each report, the supervisor must report on the status of the supervisee's performance, adherence to statutes and rules, address 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 board may consider the supervisor's reservations in its evaluation of qualifications of the supervisee; and

  (4)notify the board immediately if there is a break in the supervisory relationship and submit a new supervisory plan within 30 days of the break. Only one supervisory plan may be in place at any time.

(f)A LBSW or an LMSW who has been approved for a probationary license under supervision while participating in the AMEC program must follow the application and supervision requirements in §781.313 of this title (relating to Alternate Method of Examining Competency).

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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