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 LMSW-AP and Independent Practice Recognition
ISSUE 11/16/2007
ACTION Proposed
Preamble Texas Admin Code Rule

(a)(No change.)

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

  (1)submit a clinical 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 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];

  (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. In order for a plan to be approved, the position description or other relevant documentation must demonstrate that the duties of the position are clinical as defined in this chapter;

  (3)submit a supervision verification form to the board for approval within 30 days of the end of each supervisory plan with each supervisor. If the supervisor does not recommend the supervisee for eligibility to examine for [recognition as an AP or] LCSW, the supervisor must indicate such on the clinical supervision verification form and provide specific reasons for not recommending the supervisee. The board may consider the supervisor's reservations in its evaluation of acceptance of supervision verification submitted by [qualifications of] the supervisee; [and]

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

   (5)submit an application for upgrade of their licensure to Licensed Clinical Social Worker.

(c)An LMSW who plans to apply for the advanced practice recognition must:

  (1)submit a non-clinical 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. In order for a plan to be approved, the position description must demonstrate that the duties of the position are social work;

  (3)submit a supervision verification form to the board for approval within 30 days of the end of each supervisory plan with each supervisor. If the supervisor does not recommend the supervisee for eligibility to examine for advanced practice recognition, the supervisor must indicate such on the non-clinical supervision verification form and provide specific reasons for not recommending the supervisee. The board may consider the supervisor's reservations in its evaluation of acceptance of supervision verification submitted by the supervisee;

  (4)submit a new supervisory plan within 30 days of changing supervisors; and

  (5)upon completion and submission of documentation of the required non-clinical supervision the LMSW must apply for upgrade of their licensure to advanced practice recognition.

(d)[(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.

(e)[(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.

(f)[(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.

(g)[(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 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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