The Texas State Board of Social Worker Examiners (board) adopts 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, new §781.318 and §§781.702 - 781.704, concerning the licensure and regulation of social workers. Amendments to §§781.503, 781.508, 781.509, and 781.514 are adopted with changes to the proposed text as published in the October 28, 2005, issue of the Texas Register (30 TexReg 6989). Amendments to §§781.102, 781.203, 781.209, 781.210, 781.217, 781.301, 781.302, 781.305, 781.306, 781.310, 781.311, 781.602, 781.607, 781.608, 781.701, 781.803, the repeal of §§781.702 - 781.707, new §781.318 and §§781.702 - 781.704 are adopted without changes, and the sections will not be republished.

BACKGROUND AND PURPOSE

The adopted amendments, repeals, and new sections are necessary to comply with Senate Bill 415, 79th Texas Legislature, 2005 (Sunset legislation), which amended Occupations Code, Chapter 505, 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 adoption 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 adopts the 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

The amendment to §781.102 is adopted 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 adopted to clarify that the board's training program must meet the requirements of Occupations Code, Chapter 505. The amendment to §781.209 is adopted to reflect requirements of the Sunset legislation. The amendment to §781.210 is adopted to eliminate the obsolete reference to the executive director as an appointee of the Commissioner of Health. The amendment to §781.217(a) is adopted 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 adopted to correct a minor error.

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

The amendment to §781.503 is adopted 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 who renew during calendar years 2007 and 2008 must complete the board's jurisprudence examination in order to renew the license. 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 and §781.509 are adopted 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 during calendar years 2007 and 2008. The amendment to §781.514 is adopted to reflect the requirement for license holders to take the jurisprudence examination during calendar years 2007 and 2008.

The amendment to §781.602 is adopted 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 adopted 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 adopted 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 adopted to update and clarify the subchapter's purpose. New §781.702 is adopted 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 adopted to reflect current operational and legal considerations relating to default and to eliminate obsolete or unnecessary language. New §781.704 is adopted to reflect current operational and legal considerations relating to action after a hearing and to eliminate obsolete or unnecessary language.

The repeal of §§781.702 - 781.707 is adopted as those sections are deemed obsolete or unnecessary, and they no longer reflect current legal and operational considerations.

The amendment to §781.803 is adopted to implement the requirement of the Sunset legislation to establish an administrative penalty schedule.

COMMENTS

The following comments were received concerning the proposed amendments, repeals and new sections. Following each comment is the board's response and any resulting change(s).

Comment: Two commenters expressed opposition to the proposed rule amendments that would require social workers to complete the board's jurisprudence examination as part of the biennial license renewal process. The commenters stated that this proposal is inconsistent with Sunset Advisory Commission recommendations, is not required by the social worker licensing statute, and would be unnecessary and overly burdensome to license holders. Concerns were also expressed about the use of the term "examination" as opposed to "training course."

Response: The board both agrees and disagrees with the commenters. The commenters were present and participated fully in the Rules Committee meeting and the board meeting at which their comments were considered and the proposal was finally adopted. The board and the commenters engaged in significant dialogue about the proposed requirement and its perceived advantages and disadvantages. The commenters and the board agreed that there is value in requiring all social workers to complete the jurisprudence examination once, during calendar years 2007 and 2008 at the time of renewal. After that two-year period, the board and its stakeholders will discuss whether an ongoing requirement is necessary. The board agrees that, in the context of requirements and options for currently licensed social workers, the term "training course" is preferable to "examination."

As a result of these discussions, the following changes were made. Section 781.503(l) is modified to read "For all licenses renewed between January 1, 2007, and December 31, 2008, the jurisprudence training course must be completed in order to renew the license. Completion of the jurisprudence training course shall count as 3 hours of the continuing education requirement for professional ethics and social work values, as referenced in §781.508(b) of this title."

Section 781.509(6) is modified to replace the term "examination" with the term "training course." Section 781.514(8) is modified to repeat the language of §781.503(l).

Comment: One commenter wrote the board and addressed the proposed jurisprudence examination requirement for licensed social workers. The commenter expressed neither support nor opposition for the rule proposal, but did make observations and ask questions.

Response: These observations and questions were examined as part of the dialogue with stakeholders who were present at the Rules Committee and board meetings. No change was made as a result.

Comment: One commenter addressed §781.508(b), and stated that the rule as proposed is unclear, and provided suggested language.

Response: The board agrees that the rule could be improved. The board and the commenter, who was present at the Rules Committee and board meetings, discussed this matter at length. The following change to the rule was adopted at the meeting, with the commenter's support: "As part of the required 30 clock-hours, a licensee must complete a minimum of six clock-hours of continuing education in professional ethics and social work values during the biennial renewal period." Additionally, it was agreed that §781.508(c) should be deleted and the remainder of the section relettered accordingly.

Comment: One commenter addressed §781.209(c) and expressed concern that the rule not be used to prevent valuable vehicles for input to the board, such as the appointment of a statewide task force to consider issues of importance.

Response: The board agrees. The rule as proposed will apply to standing board committees, in compliance with the board's enabling statute. The board will continue to seek broad-based input from the regulated community in a variety of ways, as the need arises, such as the formation of a statewide task force to study important issues and make recommendations to the board. No change was made as a result of the comment.

Comment: One commenter expressed opposition to the proposal to increase licensing and renewal fees.

Response: The board disagrees. A fee increase is necessary in order to maintain current levels of service by the board office. 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. No change was made as a result of the comment.

Comment: One commenter expressed support for §781.301(c) as an excellent additional educational requirement for new license holders.

Response: The board agrees and appreciates the comment. No change was made as a result of the comment.

Comment: One commenter did not indicate opposition or support for the rule proposal, but did express concerns about continuing education in general, noting that he has no computer or internet access to complete automated training course, expressing concerns about the high cost of traveling to workshops, and recommending that all continuing education be available through the completion of correspondence courses.

Response: The board disagrees. The board's continuing education requirements are flexible and provide for a variety of learning platforms to meet individual needs. Board-approved continuing education providers offer both in-person and independent study programs throughout the state. Computers with internet access are widely available in public libraries and other venues, including in the city of the commenter's residence. No change was made as a result of the comment.

Four comment letters were received. One commenter was an individual. Other commenters were National Association of Social Workers--Texas Chapter, Texas Society for Clinical Social Work, and Texas Association of Social Work Deans and Directors. Commenters were generally in favor of the rule proposal, but expressed concerns, asked questions, and made recommendations. Some commenters did express opposition to specific provisions, as described in this preamble.

The 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.