The Texas State Board of Social Worker Examiners (board) proposes amendments to §§781.102, 781.201, 781.203, 781.204, 781.209, 781.210, 781.304, 781.312, 781.316, 781.401, 781.404, 781.411, 781.412, 781.502, 781.505, 781.506, 781.508, 781.511, 781.514 and 781.603 and new 781.419, concerning the licensure and regulation of social workers.

BACKGROUND AND PURPOSE

The proposed new §781.419 results from statutory changes made during the 82nd Legislative Session (2011), by the passage of Senate Bill (SB) 1733, codified in the Texas Occupations Code, Chapter 55, requiring the board, by rule, to set alternative licensure requirement procedures for military spouses. Specific amended sections in this proposal update licensure requirements and standards of practice in the regulation of social workers, and revisions are outlined in the section-by-section summary of this preamble.

SECTION-BY-SECTION SUMMARY

This summary considers only those sections which were substantially changed in language, meaning, or intent. A number of non-substantive modifications are proposed for the chapter in order to meet the objectives of improving draftsmanship and ensuring clarity.

The amendment to §781.102 recognizes and defines Independent Non-clinical Practice and Independent Practice Recognition as "unsupervised practice."

The amendment to §781.201 adds to the Code of Conduct a new population group to whom social workers shall not refuse to perform any act or service for which the social worker is licensed under this chapter.

The amendment to §781.203 specifies the requirements a social worker must ensure are met prior to providing services to a minor client named in a Suit Affecting Parent Child Relationships (SAPCR).

Section 781.204 prohibits a social worker from accepting remuneration to or from any person or entity for securing or soliciting social work clients or patronage for or from any health care professional and also provides warnings that such actions will subject the violator to disciplinary action. In addition, the amendment to §781.204 recognizes certain exceptions to record keeping requirements.

The amendment to §781.209 recognizes the certain exceptions to client records and record keeping requirements enumerated in §781.204.

The amendment to §781.210 prohibits a social worker from accepting remuneration to or from any person or entity for securing or soliciting social work clients or patronage for or from any health care professional in billing and financial relationships.

The amendment to §781.304 limits the circumstances that allow board or staff members to provide guidance to social workers.

The amendment to §781.312 reflects that a social worker's impartiality and non-discrimination must include gender identity and expression to whom social workers shall not refuse to perform any act or service for which the social worker is licensed under this chapter.

Section 781.316 reflects the current board licensure fees.

The amendment to §781.401 specifies the current acronym for "Licensed Social Worker-Advanced Practitioner" and extends the maximum timeframe for supervision and supervised experience.

The amendment to §781.404 modifies the board's recognition of board-approved supervisors and the supervision process; limits the number of supervised hours which may be counted toward licensure or specialty recognition; and specifies the process for approval of applicable supervision plans.

The amendment to §781.411 limits an applicant's temporary license by the board to one per lifetime, per licensing category.

The amendment to §781.412 clarifies board policy regarding the number of times an unsuccessful applicant may take the licensing examination before he or she must formally request and receive permission from the board to retake the examination, as well as under what circumstances an unsuccessful applicant may retake the exam if he or she has failed the exam the maximum allowable attempt times.

The amendment to §781.502 specifies licensure renewal dates.

Section 781.505 specifies requirements related to converting active licensure to inactive status, payment of appropriate, related fees and consequences for failure to follow these requirements. Additionally, the proposed amendments limit the time period for inactive status and set forth the process a licensee on inactive status must follow in order to reactivate the license.

The amendment to §781.506 sets forth limitations on a licensee's emeritus status as well as the process a licensee on emeritus status must follow in order to reactivate the license, obtain board-approved supervisor status and consequences for an emeritus licensee who fails to reactive his or her license within 48 months of conversion. Additionally, this amended section limits the ability of an eligible licensee to convert from emeritus status to active status once per lifetime.

The amendment to §781.508 specifies that a licensee must complete the required hours of continuing education, even for the first renewal of the license.

The amendment to §781.511 specifies that individuals or entities who receive automatic approval as continuing education providers under this chapter will not receive board documentation of the automatic approval and will not be included in the board's rosters of supervisors. Additionally, the amendment states additional mandatory information a continuing education provider must include on the certificate of attendance issued to each program participant upon program conclusion.

The amendment to §781.514 deletes the limitation of the number of continuing education hours which may be approved by the board in one renewal cycle for successful completion of an independent study provider.

The amendment to §781.603 authorizes the board executive director to request client records from a licensee in complaint procedures and to close certain complaints as non-jurisdictional before presenting them to the Ethics Committee at that committee's next scheduled meeting. In addition, the amendment allows the board's Ethics Committee to resolve certain pending complaints without a formal disciplinary action or formal hearing.

FISCAL NOTE

Carol Miller, LMSW-AP, Executive Director, has determined that for each of the first five years the sections are in effect, there will be fiscal implications to the state government as a result of enforcing or administering the sections as proposed.

It is estimated that 25% of persons on inactive and emeritus status will reactivate their licenses annually. This number translates to approximately 134 persons. Under the proposed rules, reactivation requires completion of the jurisprudence examination at a cost of $40 per person. The state will receive 12.5% of the $40 fee, or $5; therefore, it is estimated that state revenues will increase by $670 each fiscal year of the first five fiscal years the sections are in effect.

Ms. Miller has determined that there will be no fiscal implications to local governments.

SMALL AND MICRO-BUSINESS IMPACT ANALYSIS

Ms. Miller has determined that there will be no effect on small businesses or micro-businesses required to comply with the sections as proposed. This was determined by interpretation of the rules that small businesses and micro-businesses will not be required to alter their business practices in order to comply with the sections.

ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT

Under the proposed amendments, persons who choose to place their licenses on inactive or emeritus status and later choose to return their license to regular status will be required to complete the jurisprudence examination as a condition of license reactivation. Currently, the jurisprudence examination is a cost of $40 per person. There is no anticipated negative impact on local employment.

PUBLIC BENEFIT

In addition, Ms. Miller 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 continue to ensure public health and safety through the effective licensing and regulation of social workers.

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 proposed rules do 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 Carol Miller, LMSW-AP, Executive Director, Texas State Board of Social Worker Examiners, Mail Code 1982, P.O. Box 149347, Austin, Texas 78714-9347 or by email to lsw@dshs.state.tx.us. When emailing comments, please indicate "Comments on Proposed Rules" in the subject line. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

STATUTORY AUTHORITY

The amendments are proposed under Texas Occupations Code, §505.201, which authorizes the board to adopt rules necessary for the performance of its duties.

The amendments affect Texas Occupations Code, Chapter 505.