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 11/16/2007
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Licensure. The following education and experience is required for licensure as designated. [the specified licenses and specialty recognitions:]

  (1)Licensed Clinical Social Worker (LCSW).

    (A)Has been conferred a doctoral degree in social work from an accredited university acceptable to the board or master's degree in social work from a CSWE accredited social work program [ Must be licensed as an LMSW].

    (B)Has had [Obtain] 3000 hours of board-approved [Board approved] supervised professional full-time clinical employment experience over a minimum two-year period, but within a maximum four-year period or its equivalent if the experience was completed in another state.

    (C)Has had [Complete] a minimum of 100 hours of face-to-face supervision, over the course of the 3000 hours of full-time experience, with a board-approved supervisor. Supervised experience must have occurred within the five previous calendar years occurring from the date of application. If supervision was completed in another state, the social worker must have the supervision verified by the licensing board in the other state.

    (D)Has made a passing [Passing] score on the clinical exam administered nationally by ASWB.

     (E)From April 1, 2008 until March 31, 2010, a LMSW licensed by the board who has 24 months of verified clinical supervision on file before the effective date of this rule with the board is considered to have met the requirements of subparagraphs (B) and (C) of this paragraph.

  (2)Licensed Master Social Worker (LMSW).

    (A)Has been conferred a [A] doctoral degree in social work from an accredited university acceptable to the board or master's degree in social work from a CSWE accredited social work program.

    (B)Has made a passing [Passing] score on the intermediate or master's exam administered nationally by ASWB.

   [(3)Licensed Master Social Worker-Advanced Practitioner (LMSW-AP).]

    [(A)Must be licensed as an LMSW.]

    [(B)Obtain 3000 hours of Board approved supervised professional full-time non-clinical employment experience over a minimum two-year period, but within a maximum four-year period or its equivalent if the experience was completed in another state.]

    [(C)Complete a minimum of 100 hours of face-to-face supervision, over the course of the 3000 hours of full-time experience, with a board-approved supervisor. Supervised experience must have occurred within the five previous calendar years occurring from the date of application.]

    (D)Passing score on the advanced or advanced generalist examination administered nationally by ASWB.]

  (3)[(4)] Licensed Baccalaureate Social Worker (LBSW).

    (A)Has been conferred a [A] baccalaureate degree in social work from a CSWE accredited social work program.

    (B)Has made a passing [Passing] score on the basic or Bachelors exam administered nationally by ASWB.

(b)Specialty Recognition. The following education and experience is required for specialty recognitions as designated.

  (1)Licensed Master Social Worker-Advanced Practitioner (LMSW-AP).

    (A)Is currently licensed in the State of Texas or meets the current requirements for licensure as a LMSW.

    (B)While fully licensed as a social worker, has had 3000 hours of board-approved supervised professional full-time non-clinical social work experience over a minimum two-year period, but within a maximum four-year period or its equivalent if the experience was completed in another state.

    (C)Has had a minimum of 100 hours of face-to-face supervision, over the course of the 3000 hours of full-time experience, with a board-approved supervisor. Supervised experience must have occurred within the five previous calendar years occurring from the date of application. If supervision was completed in another state, the social worker must have the supervision verified by the licensing board in the other state.

    (D)Has made a passing score on the advanced or advanced generalist examination administered nationally by ASWB.

  (2)Independent Non-clinical Practice.

    (A)Is currently licensed in the State of Texas as a LBSW or LMSW or meets the current requirements for licensure as a LBSW or LMSW.

    (B)While fully licensed as a social worker has had 3000 hours of board-approved supervised full-time social work experience over a minimum two-year period, but within a maximum four-year period or its equivalent if the experience was completed in another state.

    (C)Has had a minimum of 100 hours of face-to-face supervision, over the course of the 3000 hours of full-time experience, with a board-approved supervisor. Supervised experience must have occurred within the five previous calendar years occurring from the date of application. If supervision was completed in another state, the social worker must have the supervision verified by the licensing board in the other state.

[(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.]

  [(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)A 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)After August 31, 2007, 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) 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 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)After August 31, 2007, a LBSW or LMSW 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 31, 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.]

(c)[(f)] 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 November 5, 2007

TRD-200705312

Jeannie McGuire, LBSW

Chair

Texas State Board of Social Worker Examiners

Earliest possible date of adoption: December 16, 2007

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



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