The Texas State Board of Social Worker Examiners (board) proposes amendments to §§781.102, 781.215, 781.217, 781.301 - 781.304, 781.306, 781.313, 781.314, 781.402, 781.405, 781.409, 781.413, 781.414, 781.508, 781.511 - 781.514, 781.604, 781.605, 781.806, and new §781.516 and §781.517, concerning the licensure and regulation of social workers.

BACKGROUND AND PURPOSE

The proposed amendments and new sections are necessary to complete implementation of Senate Bill 810, 78th Texas Legislature, 2003, which amended the Occupations Code, Chapter 505, and required the board to establish independent practice authorization for all levels of licensure.

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

SECTION-BY-SECTION SUMMARY

The amendments to §781.102 adds new definitions of "Conditions of exchange," "Independent clinical practice," "Independent non-clinical practice," and "Sole responsibility for the client;" improves the definition of Supervisor; and renumbers the definitions accordingly.

The amendments to §781.215 clarify what is displayed on the license certificate. Amendments to §781.217 clarify the fees for changing to inactive status, the reactivation of a license, and renewal fee for an inactive license; update terminology used for an approved continuing education provider and a board approved supervisor; and renumber the section accordingly.

The amendments to §781.301 reflect the new designation of "Bachelors" for the examination for LBSW; specify the licensure categories and specialty recognition required to practice independently (and receive remuneration from direct billing or through contract work); establish August 31, 2007, as a deadline for licensees to have obtained the appropriate level of licensure and/or specialty recognition (or be under application for same) in order to continue practicing independently; clarify that a person may not practice independently without the proper license or specialty recognition; and to reorder and renumber the section accordingly. The amendments to §781.302 define two distinct supervised experience tracks, one for clinical licensure and one for non-clinical independent practice recognition; to establish that experience under a temporary license is not eligible for supervision hours or experience toward clinical licensure or independent practice recognition; to provide clarity on the process for application for a licensure upgrade or independent practice recognition and required supervision and experience documentation; to establish rules for supervision when it is required as a condition of initial or continued licensure or as a result of disciplinary action or in order to participate in the AMEC program. The amendments to §781.303 establish a one time application period ending on August 1, 2007, for a waiver of the experience requirements for independent practice recognition based on criteria established in rule; to establish that appeals of denials by staff be reviewed by a board committee whose decisions on appeals are final; and to establish that a licensee who applies for the independent practice recognition must cease and desist independent practice immediately if their application is finally denied (30 days after the denial of the application by staff or an appeal is not granted), unless they are under a board approved supervision plan for independent practice recognition. Amendments to §781.304 clarify language referring to a supervisor as a board approved supervisor, to clarify the application and approval process, and to establish the supervisory functions that are authorized by holding board approved supervisory status according to license type and specialty recognition held by the supervisor; to add rules that revise the general rules of supervision; and, reorder and renumber the section accordingly. The amendment to §781.306 deletes obsolete language. The amendments to §781.313 establish that the criteria for eligibility for the AMEC program is to have scored twice within five points of passing instead of four points and to require that supervision required for participation in the AMEC program be provided by a board approved supervisor. The amendments to §781.314 specify information provided on a license certificate.

The amendments to §781.402 change the title of the section; add language describing services that constitute the practice of social work; and revise the terms used for the independent practice of clinical social work from "private practice" to "independent clinical practice" and revise the term used for non-clinical independent practice from "independent practice" to "independent non-clinical practice." The amendments to §781.405 clarify that sexual exploitation may occur in an agency setting in addition to an independent practice setting and to revise language to be consistent with the current definition of independent practice. The amendments to §781.409 clarify the duties of licensees regarding maintaining compliance with laws concerning confidentiality of protected health information and the release of mental health records. The amendments to §781.413 revise language to be consistent with the current definition of independent clinical and non-clinical practice. The amendments to §781.414 revise the methods by which a licensee may provide consumer information to consumers to be consistent with the Occupations Code, §505.252.

The amendments to §781.508 indicate the executive director's decision regarding a request for a waiver of all or part of continuing education requirements may be appealed to an appropriate committee of the board as opposed to the Professional Development Committee. The amendments to §781.511 change the title of the section; change the term of continuing education sponsor to a continuing education provider; update the rule, indicating that the executive director reviews continuing education provider applications to indicate that the function is provided by department staff; require that continuing education providers provide a list of subcontractors upon renewal or upon request; require continuing education providers to maintain training records for a period of three years as opposed to two years; and renumber the section accordingly. The amendments to §781.512 revise the title of the section; change the term of "Continuing education sponsor" to "Continuing education provider"; define the process of evaluating continuing education providers; provide for the review by a committee of the board for possible rescinding of approved continuing education provider status if a provider is not in compliance with rules regarding continuing education programs; disallow credit toward approval as a supervisor by the board for a completion of a course by a provider after the provider's approval status has been rescinded; and renumber the section accordingly. The amendments to §781.513 change the term of continuing education sponsor to a continuing education provider and update the rule to indicate that the decision of the executive director regarding the acceptability of continuing education from providers approved by another licensing board may be appealed to the appropriate board committee. The amendments to §781.514 revise the number of hours that may not be exceeded during a renewal period for published works and independent study programs. New §781.516 establishes the criteria for approval and renewal of a supervisory training course provider and supervisory training program; establishes rules regarding application for approval; and establishes rules regarding documentation of participation and retention of the documentation. New §781.517 establishes a process for the evaluation of supervisor training course providers and the courses they present; establishes a process for the board to rescind approval of a supervisor training course provider; establishes a process for reapplication for approved supervisor training course provider status once it has been rescinded; and disallows credit toward approval as a supervisor by the board for a completion of a course by a provider after the provider's approval status has been rescinded.

The amendments to §781.604 allow only the respondent to a complaint to request an informal hearing, as opposed to allowing any party to a complaint to request an informal hearing. The amendments to §781.605 reflects the current name of the board committee that reviews complaints filed with the board from "Complaints Committee" to "Ethics Committee."

The amendments to §781.806 allow supervision of licensees on probation by any board approved supervisor with expertise in the licensee's field of practice, as opposed to only LCSWs and to be consistent with supervisory functions authorized by proposed changes in §781.304.

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 $155,660 the first year, $44,000 the second year, $53,000 the third year, $60,000 the fourth year, and $65,000 the fifth year for new applications for the Independent Practice Recognition (IPR), the IPR waiver of experience requirement, license renewals that will have added the IPR, new approved supervisor status applications, and newly approved supervisor status renewal fees.

Implementation of the proposed sections will not result in any fiscal implications for local governments.

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 non-clinical 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 $80 to $100 biennially. There will also be an increase in the fees for sole proprietors who are engaged in the independent non-clinical practice of social work and for other small or micro-businesses that choose to cover licensing costs for their employees who choose to obtain supervisory status. The probable economic cost to those persons and businesses will be an increase of $25 annually.

Additionally, there will be anticipated economic costs to small businesses or micro-businesses required to comply with the sections as proposed. Sole proprietors who are engaged in the independent non-clinical practice of social work who do not meet the criteria for the waiver of experience requirement for independent practice recognition will have to obtain supervision for a minimum period of two years in order to continue practicing at an approximate cost of $1,250 per year for each licensee, based on a average minimum hourly fee of $25 per hour for supervision and 50 hours of supervision per year. After the minimum of two years of supervision or longer if it is required to obtain the necessary supervised experience hours and supervision required; these licensees will be eligible to obtain independent practice recognition. The cost for obtaining independent practice recognition after obtaining the supervised experience will be $20 for the application fee. The cost of maintaining independent practice recognition once obtained will be $20 for each renewal.

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 nor 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 e-mail 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 60 days following publication of the proposal in the Texas Register.

STATUTORY AUTHORITY

The proposed amendments 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 affect Occupations Code, Chapter 505.