The Texas State Board of Social Worker Examiners adopts the repeal of §§781.101, 781.102, 781.201 - 781.217, 781.301 - 781.315, 781.401, 781.402, 781.501 - 781.514, 781.601 - 781.610, 781.701 - 781.707, 781.801 - 781.807 and new §§781.101, 781.102, 781.201 - 781.217, 781.301 - 781.317, 781.401 - 781.418, 781.501 - 781.515, 781.601 - 781.610, 781.701 - 781.707, and 781.801 - 781.807, concerning the licensing of social workers. New §781.508 was adopted with changes to the proposed rule text that was published in the May 20, 2005, issue of the Texas Register (30 TexReg 2972). The repeal of §§781.101, 781.102, 781.201 - 781.217, 781.301 - 781.315, 781.401, 781.402, 781.501 - 781.514, 781.601 - 781.610, 781.701 - 781.707, 781.801 - 781.807 and new §§781.101, 781.102, 781.201 - 781.217, 781.301 - 781.317, 781.401 - 781.418, 781.501 - 781.507, 781.509 - 781.515, 781.601 - 781.610, 781.701 - 781.707, and 781.801 - 781.807 were adopted without changes and, therefore, the sections will not be republished.

Government Code, §2001.039, requires that each state agency review and consider for readoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). Sections 781.101, 781.102, 781.201 - 781.217, 781.301 - 781.315, 781.401, 781.402, 781.501 - 781.514, 781.501 - 781.515, 781.601 - 781.610, 781.701 - 781.707, and 781.801 - 781.807 have been reviewed and the board has determined that the reasons for adopting the sections continue to exist in that rules concerning the licensing and regulation of social workers are still needed; however, the rules were repealed and adopted as new rules as described in this preamble.

The repeals and new sections are a result of comprehensive rule review undertaken by the board, identified stakeholder groups and the board's staff as a result of the passage of Senate Bill (SB) 810 in the 78th Regular Session of the Texas Legislature. This legislation was the result of a taskforce of stakeholders groups and the board in response to House Bill (HB) 3365 of the 77th Regular Session of the Texas Legislature regarding the independent practice of social work. SB 810 created new categories of social worker licensure, abolishing the Social Worker Associate category, a statute of limitations on complaints and modified requirements for board membership based on licensing categories and the creation of independent practices status for all levels of licensure.

In general, the board and stakeholder group representatives reviewed each section and adopted the repeal, readoption or revision of each section in order to ensure appropriate subchapter, section and paragraph organization; to modify rules in accordance with legislative changes impacting social work practice; to ensure clarity and improve spelling, grammar and punctuation; to ensure that the rules reflect current legal and policy considerations; to ensure accuracy of legal citations, eliminate unnecessary catch-titles, and eliminate repetitive use of long titles for terms that have been assigned short titles by definition; to delete repetitive, obsolete, unenforceable or unnecessary language; to improve draftsmanship; and to make the rules more understandable and usable.

There were no public comments received regarding the proposal. However, the following change was made due to a staff comment.

CHANGE: Concerning §781.508(a)(1), the word "annually" was changed to "biennially" to read as follows: 30 clock hours of continuing education "biennially" from board approved providers. A clock hour is defined as 60 minutes of standard time;" which reflects the original intent of the rule by the board for licensure renewal.

The repeals are adopted under the Social Work Practice Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules concerning the licensure and practice of social workers.