Comment: Concerning §781.303(b) the commenter recommended inserting the phrase, "for recognition of independent practice," in the first line after the words "An individual providing supervision" as well as in the second sentence.

Response: The board agreed with the comment and appropriate changes were made.

Comment: Concerning §781.304(8), the commenter recommended that the board accept any combination of face-to-face and web cam sessions as appropriate for approval (toward supervision hours), given geographical constraints, technological advancements, and precedents set in educational institutions and other disciplines for web-cam instruction and telemedicine.

Response: The board disagreed with the comment because the current rules allow for the approval of non-face-to face sessions by request and subsequent evaluation by the board or the executive director. No change was made as a result of this comment.

Comment: Concerning §781.402(a), the commenter stated that a reasonable licensee or stakeholder may interpret the language of the scopes of practice as authorizing all licensees to practice every form of practice listed for each respective category of licensure. The commenter recommended changing the language from "includes" to "may include."

Response: The board agreed with the comment and made a change similar to that recommended by the commenter.

Comment: Concerning §781.402(c), the commenter stated that a reasonable licensee or stakeholder may interpret the language of the scopes of practice as authorizing all licensees to practice every form of practice listed for each respective category of licensure. The commenter recommended changing the language from "includes" to "may include."

The commenter also stated that the proposed inclusion of "diagnosis" to the scope of practice for a Licensed Master Social Worker should be deleted. The commenter noted that the Association of Social Work Board's model act does not include diagnosis in the scope of a LMSW; the overwhelming majority of other states do not include diagnosis in the scope of a LMSW/equivalent license (with IOWA being the only exception).

Response: The board agreed with the comment and removed "diagnosis" from the scope of practice for a LMSW in renumbered subsection (b) of the section.

Comment: Concerning §781.603, the commenter stated that the proposed changes to the section do not support due process and accountability in regard to the delineation of responsibilities for the executive director versus the Department of State Health Services.

Response: The board disagreed with the comment because the duties of the executive director should be separated from those of the department per Occupations Code, §505.155. No change was made as a result of this comment.

Commenters also commented on the following rules which were not proposed for change: §781.102(35) and §781.304(1)(E), (17), (18), and (19). The board could not consider revising rules as a result of the comments, but did agree to review the comments during a future review of rules.

BOARD COMMENTS

Board members commented that every reference to the use of the language "Licensed Masters Social Worker" should be changed to "Licensed Master Social Worker." The board agreed to the following changes to clarify intent and improve accuracy of the sections.

Change: All references to Licensed Masters Social Worker in §781.102(60)(B) - (E) were changed as recommended.

Board members commented that §781.402(b) and (c) should be reversed in order. The board agreed to the following changes to clarify intent and improve accuracy of the sections.

Change: The order of §781.402(b) and (c) were changed.

STATUTORY AUTHORITY

The amendments are authorized by Occupations Code, §505.155, which requires the board to develop policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and staff of the department; by Occupations Code, §505.201, which authorizes the board to adopt rules necessary to perform the board's duties, to establish standards of conduct and ethics for license holders, to establish requirements for each type of license issued by the board, and to establish procedures for recognition of independent practice; by Occupations Code, §505.203, which authorizes the board to set fees; by Occupations Code, §505.254, which requires the board to adopt rules concerning an investigation of a complaint filed with the board; by Occupations Code, §505.303, which requires the board to establish a specialty area of clinical social work that is only available to a licensed master social worker who satisfies minimum supervised experience requirements and clinical examination as set by the board; and by Occupations Code, §505.404, which requires the board to establish mandatory continuing education requirements for license holders.