The Texas State Board of Social Worker Examiners (board) proposes amendments to §§781.101, 781.102, 781.209, 781.215, 781.217, 781.301 - 781.304, 781.311, 781.314, 781.402 - 781.405, 781.409, 781.414, 781.502, 781.505, 781.509, 781.511, 781.512, 781.517 and 781.603; new §781.419; and the repeal of §781.609, concerning the licensure and regulation of social workers.

BACKGROUND AND PURPOSE

The board proposes amendments and a new rule to correct minor errors, improve the rules readability, and ensure that the rules reflect current legal, policy, and operational considerations. Additionally, the board proposes the repeal of §781.609 to eliminate duplication of language.

SECTION-BY-SECTION SUMMARY

Amendments to §781.101 are proposed to accurately reflect the restriction on the use of the social worker title in the Social Work Practice Act.

Amendments to §781.102 are proposed to improve the definitions of accredited university, Association of Social Work Boards, clinical social work, confidential information, detrimental to the client, direct practice, direct practice, dual relationship, exploitation, family systems, flagrant, fraud, full-time experience, group supervision, indirect practice, individual supervision, investigator, licensee, part-time experience, psychotherapy, social work practice, supportive counseling, supervision, telepractice, and termination; to delete the definitions of exploitive behavior, pleading, reciprocity, sexual contact, and sexual exploitation; and, to renumber the definitions accordingly.

Amendments to §781.209 are proposed to clarify the types of committees that may be established by the board.

Amendments to §781.215 are proposed to clarify what is displayed on the license certificate, to add the requirements of a provisional license certificate, and, to reorder and renumber the section accordingly.

The amendments to §781.217 are proposed to change the penalty fee for late renewal to one fourth of the biennial license renewal fee for late renewals from 1-90 days late; change the penalty fee for late renewal to one half of the biennial license renewal fee for late renewals from 91-365 days late; eliminate the student loan default reinstatement fee; and renumber the section accordingly.

The amendments to §781.301 are proposed to change the academic requirements for licensure as a Licensed Clinical Social Worker to be consistent with the Occupations Code, Chapter 505; to improve language, to establish a one time window between April 1, 2008, and March 31, 2010, during which LMSW licensees of the board may use clinical supervision which was on file with the board before the board established by rule change effective August 24, 2005, that clinical and non-clinical supervision expired after five years and that after 2010, supervision toward clinical or non-clinical licensure or specialty recognition must have occurred within the previous five calendar years from the date of application; to remove the requirements of the advanced practice specialty recognition from subsection (a) and restore the requirements in subsection (b); to add the requirements for independent non-clinical specialty recognition into subsection (b); to remove language regarding the scope of practice in subsection (b) for placement in §781.402; to remove language regarding the scope of practice in subsections (c), (d), and (e) for modification and placement in §781.402; and to reorder and renumber the section accordingly.

The amendments to §781.302 are proposed to delete provisions allowing licensees to obtain supervision toward licensure without a supervision plan; to improve language, to allow for a social worker to be under more than one supervision plan at the same time; and to reorder and renumber the section accordingly.

The amendments to §781.303 are proposed to improve language; to remove language related to qualifications for independent practice recognition that is proposed to be added to §781.301; to delete language in subsection (a) related to the application process for independent practice recognition since it is duplicated in §781.302; to delete language in subsection (b) related to the initial one-time waiver of the supervised experience requirement that expired August 31, 2007; to remove language in subsection (f) that allowed for an LMSW or LBSW to practice independently until August 31, 2007; to provide that an LMSW or LBSW may practice independently when the LMSW or LBSW holds the independent practice specialty recognition, is under application for the specialty recognition under the waiver of the supervised experience requirement, or when a supervision plan for independent practice has been approved by the board; and to reorder and renumber the section accordingly.

Amendments to §781.304 are proposed to improve language; to specify that supervisors may supervise only supervisees providing professional services within the supervisor's own competency; to establish the supervisor status renewal period as two years, to be renewed in conjunction with license renewal; to provide a process for surrender of supervisory status; to specify that any month of supervision under a supervision plan is not creditable unless the conditions of supervision specified in this section are met; to forbid supervisors from providing supervision to a social worker who is practicing outside of the scope of the license; to require a supervisor who believes a supervisee is practicing outside the scope of the license to make a report to the board; to remove language that allows for supervision completed before the effective date of the chapter to be evaluated based on the rules that were in effect at the time the supervision plan or verification was submitted to the board; and to reorder and renumber the section accordingly.

The amendment to §781.311 is proposed to allow a temporarily licensed social worker who passes the licensing examination to be considered temporarily licensed until a regular license is issued by the board or the temporary license expires, whichever is first.

The amendments to §781.314 are proposed to improve language and to use updated terminology.

The amendments to §781.402 are proposed to add language regarding the scope of practice removed from §781.301; to improve language; to include Current Procedural Terminology (CPT) Codes among identified diagnostic classification systems that may be used by Licensed Clinical Social Workers in assessment, diagnosis, treatment and other social work practice activities; to specify that a LMSW may provide clinical social work services under a contract with an agency when under a board approved clinical supervision plan; to allow for Licensed Masters Social Workers to diagnose; to remove definitions of independent non-clinical practice and independent clinical practice since the definitions already appear in §781.102; and to reorder and renumber the section accordingly.

The amendments to §781.403 are proposed to improve language; and to add a general standard of practice that social workers ensure that the client or a legally authorized person representing the client has signed a consent for services, when appropriate.

The amendment to §781.404 is proposed to add to the list of items that a social worker shall make known to a prospective client the services that are to be provided.

The amendments to §781.405 are proposed to add a definition of sexual exploitation; and to improve language.

The amendments to §781.409 are proposed to improve language; to clarify the requirement that a social worker provide a written explanation of types of treatment and charges on a bill or statement to a client even if the bill is paid by a third party; and to delete language that indicated that a social worker is responsible for services rendered when providing approval by signature for services rendered by another individual who may or may not be licensed.

The amendments to §781.414 are proposed to improve language and specify that the board will provide consumer information on its web site or upon request.

The new section §781.419 is proposed to provide that a social worker who is licensed as a sex offender treatment provider by the Council on Sex Offender Treatment is not subject to disciplinary action by the board in relation to the social worker's provision of sex offender treatment; to specify that a social worker who is a sex offender treatment provider and who acts in conformance with the rules, policies, and procedures of the council is not subject to any administrative sanction by the board; and to specify that if the Council on Sex Offender Treatment takes disciplinary action against a social worker who is a sex offender treatment provider, the board may consider the final order imposing such disciplinary action as grounds for disciplinary action by the board.

The amendments to §781.502 are proposed to rename the section; to reflect that licenses are renewed for a two-year term; and to delete language that provided for prorated fees during the transition from renewal terms of one-year to two-years.

The amendments to §781.505 are proposed to improve language; to use the current terms of expire and expiration as opposed to the terms lapse and lapsed; to specify the current process for placing a license on inactive status; and to reactive a license that was placed on inactive status.

The amendment to §781.509 is proposed to improve language.

The amendments to §781.511 are proposed to add the expiration date of a continuing education providers approved status to certificates of completion issued by the provider and to specify that a program offered for continuing education in ethics shall meet the minimum course requirements for an ethics course approved by the board.

The amendments to §781.512 are proposed to improve language.

The amendment to §781.517 is proposed to require that supervisory training courses approved by the board before September 8, 2007 must meet the requirements in §781.511 by August 31, 2008.

The amendments to §781.603 are proposed to clarify which functions in the complaint procedure are performed by department staff; to remove the requirement that the executive director make a sworn statement in order to open an anonymous complaint; to accurately describe the review process and decisions to be made by the executive director regarding referral for investigation and notification of the respondent; to update the complaint procedure; to update the range of information provided to the boards ethics committee regarding the status of open complaints; to update references to timelines; and to reorder and renumber the section accordingly.

Section §781.609 is proposed for repeal because language in current board rule §781.703 provides for appropriate default procedures.

FISCAL NOTE

Charles Horton, Executive Director, has determined that for each year of the first five years the sections are in effect, there will be no fiscal implications to state or local governments as a result of enforcing and administering the sections as proposed.

SMALL AND MICRO-BUSINESS IMPACT ANALYSIS

Mr. Horton has also determined that there are no anticipated economic costs to small businesses or micro-businesses required to comply with the sections as proposed. This was determined by interpretation of the rules that these entities will not be required to alter their business practices in order to comply with the sections as proposed. There are no anticipated economic costs to persons required to comply with the sections as proposed. 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 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 email to lsw@dshs.state.tx.us. When emailing comments, please indicate "Comments on Proposed Rules" in the email subject line. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

STATUTORY AUTHORITY

The proposed 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.

The proposed amendments affect Occupations Code, Chapter 505.