(a)A LBSW or LMSW who seeks to obtain board approval for the recognition of independent non-clinical practice shall meet requirements and parameters set by the board in §781.301 of this title (relating to Qualifications for Licensure). [(1)To qualify for the recognition of independent practice, as a LBSW, an individual, after licensure, shall obtain 3000 hours of board approved supervised full-time 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. Supervised experience must have occurred within the five previous calendar years occurring from the date of application.] [(2)To qualify for the recognition of independent practice, as a LMSW, an individual, after licensure, shall obtain 3000 hours of board approved supervised full-time 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. Supervised experience must have occurred within the five previous calendar years occurring from the date of application.] [(3)To qualify for independent practice the licensee must 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. A licensee who plans to apply for independent practice recognition shall:] [(A)submit a supervisory plan to the board for approval by the appropriate committee of the board or executive director within 30 days of initiating supervision. If the licensee fails to submit a supervisory plan, then the licensee will need to submit documentation regarding dates, times and summary of all supervisory sessions at the time the licensee makes application for the upgrade.] [(B)submit a current job description from the agency the social worker is employed in with a verification of authenticity from the agency director or their designee on agency letterhead.] [(C)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 independent practice, 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.] [(D)submit a new supervisory plan within 30 days of changing supervisors.] (b)[(E)] An individual providing supervision to a LBSW shall be a LBSW recognized for independent non-clinical practice, LMSW recognized for independent non-clinical practice, LMSW-AP or LCSW. An individual providing supervision to a LMSW shall be a LMSW recognized for independent non-clinical practice, LMSW-AP or LCSW. In addition to the required licensure, the supervisor shall be board-approved and have attained the recognition of independent practice. (c)[(4)] A person who has obtained only the temporary license may not begin the supervision process until the issuance of the regular license. (d)[(5)] The board may use the twenty common law factors developed by the Internal Revenue Service (IRS) as part of their determination process regarding whether a worker is an independent contractor or an employee. (1)[(A)] No instructions to accomplish a job. (2)[(B)] No training by the hiring company. (3)[(C)] Others can be hired by the independent contractor (sub-contracting). (4)[(D)] Independent contractor's work is not essential to the company's success or continuation. (5)[(E)] No time clock. (6)[(F)] No permanent relationship between the contractor and company. (7)[(G)] Independent contractors control their own workers. (8)[(H)] Independent contractor should have enough time available to pursue other jobs. (9)[(I)] Independent contractor determines location of work. (10)[(J)] Independent contractor determines order of work. (11)[(K)] No interim reports. (12)[(L)] No hourly pay. (13)[(M)] Independent contractor often works for multiple firms. (14)[(N)] Independent contractor is often responsible for own business expenses. (15)[(O)] Own tools. (16)[(P)] Significant investment. (17)[(Q)] Services available to the public by having an office and assistants; having business signs; having a business license; listing their services in a business directory; or advertising their services. (18)[(R)] Profit or loss possibilities. (19)[(S)] Can't be fired. (20)[(T)] No compensation if the job isn't done. [(b)A LBSW or LMSW who seeks to obtain a waiver of the supervision and experience requirement for independent practice recognition as set forth by the board in subsection (a)(1) - (3) of this section must submit an application for licensure/upgrade/specialty recognition and the Special Application For Waiver of Supervision and Experience Requirements, along with required documentation and the application fees no later than August 31, 2007. An application for waiver will be evaluated and either approved or denied. No partial credit will be given toward the supervised experience requirement, if an application for the waiver is denied. In order to be granted the waiver, the LBSW or LMSW must fully meet the following requirements and parameters set by the board:] [(1)two years full time (paid or voluntary) social work experience while fully licensed as a social worker under the supervision of a licensed social worker (LCSW, LMSW-AP, LMSW, LBSW);] [(2)three years full time (paid or voluntary) social work experience while fully licensed as a social worker under the supervision of a licensed mental health professional (LCSW, LMSW-AP, LMSW, LBSW, LMFT, LPC, LCDC, Psychologist, Psychiatrist, Psychiatric Nurse or other mental health professional accepted by the board);] [(3)four years full time (paid or voluntary) social work experience while fully licensed as a social worker in an agency setting with or without the supervision of a licensed mental health professional; or] [(4)four years full time (paid or voluntary) social work experience while fully licensed as a social worker without supervision in a setting that meets the criteria in subsection (a)(5) of this section.] [(c)An applicant may appeal staff decision regarding their qualifications toward the waiver to the appropriate board committee within 30 days of receipt of staff decision. The decision of the board committee is final.] (e)A LBSW or LMSW who plans to apply for the recognition of non-clinical independent practice shall follow procedures set out in §781.302 of this title (relating to Clinical Supervision for LCSW and Non-Clinical Supervision for LMSW-AP and Independent Practice Recognition). (f)[(d)] A LBSW or LMSW [who applies for the independent practice recognition and the waiver of experience requirements before August 31, 2007, must cease and desist independent practice immediately if his or her application for the waiver of the supervised experience requirement is finally denied. An LBSW or LMSW whose application has been denied] may practice independently when the LMSW or LBSW holds the independent practice specialty recognition, is under application for the specialty recognition under the waiver of the supervised experience requirement, or when under a supervision plan for independent practice that has been approved by the board.
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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