The Texas Behavioral Health Executive Council adopts amendments to §781.401, relating to qualifications for licensure. Section 781.401 is adopted without changes to the proposed text as published in the October 1, 2021, issue of the Texas Register (46 TexReg 6486) and will not be republished.

Reasoned Justification.

The amended rule implements a Board policy and simplifies the requirements for gaining supervised experience. The Texas State Board of Social Worker Examiners has a policy that allows hours accrued in non-clinical settings to be used to satisfy the requirements for an LCSW if the applicant works at least 4 hours per week providing clinical social work. This amended rule seeks to implement this policy into the rules. Additionally, this amended rule is intended to streamline the rule by removing obsolete language. For example, an LMSW-AP is no longer issued therefore the rule language pertaining to the experience required to obtain one is no longer needed.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

A commenter asked if the rule could clarify two things. First, if clinical hours must be obtained in what has been identified as the non-clinical employment setting and, second, that some individuals who seek the four hours of clinical experience outside of their employer, but would like to count their 3,000 hours from their non-clinical employer.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

None.

Agency Response.

The agency declines to amend this rule, the rule as proposed addresses the commenter's concerns. The amendment specifically states that "[h]ours accrued in non-clinical settings may be used to satisfy the requirements of this rule if the applicant works at least 4 hours per week providing clinical social work." Applicants must obtain 3,000 of supervised professional clinical experience, but if an applicant obtains 3,000 hours in a non-clinical setting those can be used as long as the applicant provided clinical social work, in the same or different setting, for at least four hours per week during the 3,000 hours.

Statutory Authority.

The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.

In accordance with §505.2015 of the Tex. Occ. Code the Texas State Board of Social Worker Examiners previously voted and, by a majority, approved to propose the adoption of this rule to the Executive Council. The rule is specifically authorized by §505.2015 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.

The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed the rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 505 and 507 of the Texas Occupations Code and may adopt this rule.

Lastly, the Executive Council adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.