The Texas State Board of Social Worker Examiners (board) proposes amendments to §§781.102, 781.203, 781.209, 781.210, 781.217, 781.301, 781.302, 781.305, 781.306, 781.310, 781.311, 781.503, 781.508, 781.509, 781.514, 781.602, 781.607, 781.608, 781.701, 781.803, the repeal of §§781.702 - 781.707, and new §§781.318, 781.702 - 781.704, concerning the licensure and regulation of social workers.

BACKGROUND AND PURPOSE

The proposed amendments, repeals, and new sections are necessary to comply with Senate Bill 415, 79th Texas Legislature, 2005 (Sunset legislation), which amended the board's enabling statute as part of the review of the board by the Sunset Advisory Commission. The bill modified requirements relating to the board's licensing and enforcement authority and applied certain across-the-board standards and requirements for regulatory boards. The rule proposal implements the requirements of the bill.

Additionally, the Texas Legislature passed the General Appropriations Act, House Bill 1, 79th Regular Session (2005). Article 2 of the General Appropriations Act, Rider 85 Contingent Appropriation of Additional Fee Revenues authorized the collection of additional revenue in the form of fees, which would then be appropriated to pay for expenses of Health Care Professional programs, including licensed social workers.

Additionally, the board proposes amendments and repeals to correct minor errors, improve the rules, and ensure that the rules reflect current legal, policy, and operational considerations.

SECTION BY SECTION SUMMARY

Amendments to §781.102 are proposed to add a new definition of AMEC; to eliminate obsolete definitions of LMSW-ACP, LSW, and SWA; and to renumber the definitions accordingly. The amendment to §781.203 is proposed to clarify that the board's training program must meet the requirements of Occupations Code, Chapter 505. Amendments to §781.209 are proposed to reflect requirements of the Sunset legislation. The amendment to §781.210 is proposed to eliminate the obsolete reference to the executive director as an appointee of the Commissioner of Health.

Amendments to §781.217 (a) are proposed based on the provisions for contingent appropriation of additional fee revenue authorized by the General Appropriations Act, 79th Regular Session (2005), by increasing the amount of the fee for renewal of a license. The amendment to §781.217(b) is proposed to correct a minor error.

The amendment to §781.301 is proposed to reflect the jurisprudence examination requirement of the Sunset legislation. The amendment to §781.302 is proposed to clarify that only one supervisory plan may be in place at any time. Amendments to §§781.305 - 781.306 are proposed to clarify that accredited institutions must be accredited by CSWE, to update license level terminology, and to reflect the jurisprudence examination requirement of the Sunset legislation. Amendments to §§781.310 - 781.311 are proposed to update license level terminology and delete obsolete license terms. New §781.318 is proposed to reflect new language regarding issuance of licenses to certain out-of-state applicants. This language reflects the requirements of the Sunset legislation.

Amendments to §781.503 are proposed to reflect the requirements of the Sunset legislation relating to the refusal to renew a license for failure to pay an administrative penalty; and to require that licensed social workers must complete the board's jurisprudence examination each renewal period in order to renew the license, effective January 1, 2007. This requirement is intended to increase knowledge of, and compliance with, Texas social work law and rules among the board's license holders. Amendments to §§781.508 - 781.509 are proposed to clarify the number of continuing education hours required as a result of the move to two-year license terms; to improve draftsmanship and understanding; and to reflect the requirement for license holders to take the jurisprudence examination as part of the biennial continuing education requirements, effective January 1, 2007. The amendment to §781.514 is proposed to reflect the requirement for license holders to take the jurisprudence examination as part of the biennial continuing education requirements, effective January 1, 2007.

The amendment to §781.602 is proposed to reflect the board's authority to issue a cease and desist order, as added by the Sunset legislation. The amendment to §781.607 is proposed to reflect the board's authority to refuse to renew a license for failure to pay an administrative penalty, as added by the Sunset legislation. The amendment to §781.608 is proposed to reflect the board's authority to order a license holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference, as added by the Sunset legislation.

The amendment to §781.701 is proposed to update and clarify the subchapter's purpose. New §781.702 is proposed to reflect current operational and legal considerations relating to notice of formal hearings and informal conferences, and to eliminate obsolete or unnecessary language. New §781.703 is proposed to reflect current operational and legal considerations relating to default and to eliminate obsolete or unnecessary language. New §781.704 is proposed to reflect current operational and legal considerations relating to action after a hearing and to eliminate obsolete or unnecessary language. The repeals of §§781.702 - 781.707 are proposed as those sections are deemed obsolete or unnecessary, and they no longer reflect current legal and operational considerations.

Amendments to §781.803 are proposed to implement the requirement of the Sunset legislation to establish an administrative penalty schedule.

FISCAL NOTE

Charles Horton, Executive Director, has determined that for each fiscal year of the first five years the sections are in effect, there will be fiscal implications to the state as a result of enforcing or administering the sections as proposed. The effect on state government will be an increase in revenue to the state of $128,400 the first fiscal year and $192,600 each year for fiscal years two through five due to the increase in license renewal fees and the two-year license requirement. Implementation of the proposed sections will not result in any fiscal implications for local governments.

In addition to the increase in license renewal fees, there will be other costs for persons required to comply with the sections as proposed. Effective January 1, 2007, each license holder must complete the board's jurisprudence examination each two-year licensing period. The cost is estimated to be $40 per person every two years. Fees for the jurisprudence examination are remitted directly to the third-party vendor; therefore, this new requirement will not result in fiscal implications for the state.

SMALL AND MICRO-BUSINESS IMPACT ANALYSIS

Mr. Horton has also determined that there may be anticipated economic costs to small businesses or micro-businesses required to comply with the sections as proposed. There will be an increase in the licensing fees for sole proprietors who are engaged in the independent practice of social work and for other small or micro-businesses that choose to cover licensing costs for their employees who are required to hold a social worker license. The probable economic cost to those persons and businesses will increase from either $60 to $80 biennially or from $80 to $100 biennially, depending upon the level of license held.

Additionally, there will be anticipated economic costs to small businesses or micro-businesses required to comply with the sections as proposed. The requirement for completion of the jurisprudence examination as part of the continuing education requirements will affect sole proprietors who are engaged in the independent practice of social work and other small and micro-businesses that choose to cover continuing education costs for their employees who are required to hold a social worker license. The costs for affected persons and businesses will be an estimated increase of $40 biennially.

There is no anticipated negative impact on local employment.

PUBLIC BENEFIT

Mr. Horton has also determined that for each year of the first five years the sections are in effect, the public will benefit from adoption of the sections. The public benefit anticipated as a result of enforcing or administering the sections is to generate funding to operate the regulatory program; to increase licensee knowledge of, and compliance with, Texas social worker laws and rules; and to effectively regulate the practice of social work in Texas, all of which will protect and promote public health, safety, and welfare.

REGULATORY ANALYSIS

The board has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

TAKINGS IMPACT ASSESSMENT

The board has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, do not constitute a taking under Government Code, §2007.043.

PUBLIC COMMENT

Comments on the proposal may be submitted to Charles Horton, Executive Director, Texas State Board of Social Worker Examiners, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756 or by email to lsw@dshs.state.tx.us. When e-mailing comments, please indicate "Comments on Proposed Rules" in the e-mail subject line. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The proposed amendments and new section are authorized by Occupations Code, §505.201, which authorizes the board to adopt rules necessary to perform the board's duties, and to establish standards of conduct and ethics for license holders; by Occupations Code, §505.203, which authorizes the board to set fees; and by Occupations Code, §505.404, which requires the board to establish mandatory continuing education requirements for license holders.

The proposed amendments and new section affect Occupations Code, Chapter 505.