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 December 16, 2022, issue of the Texas Register (47 TexReg 8231) and will not be republished.

Reasoned Justification.

The adopted amendments delete the 48 and 60 month maximums for completing required supervised experience for licensure as a Licensed Clinical Social Worker or for Independent Practice Recognition.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

One commenter voiced opposition to these rule amendments and opined that these standards should not be changed. The commenter believes that if someone is not able to complete their supervision hours or required work or practicum hours within five years then that indicates to the commenter that the individual would not be able to perform well in the profession. Without maximum time requirements an individual may take up to 20 years to complete their required hours of supervised experience and other professions, such as psychology, have similar standards regarding the timelines a program must be completed and when an individual must apply for licensure.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

Comments voiced support for these rule amendments. One commenter opined that these changes will help part-time, prn, and contract workers who many not be able to meet the clinical or IPR requirements in the allotted maximum time periods. The commenter believes that this rule change will recognize years of experience that may not otherwise be considered for social workers seeking advanced licenses or statuses, such as independent practice recognition.

Agency Response.

The Council thanks the commenters for their supportive remarks, and declines to amend the rule as requested by the commenter who voiced opposition. The 48 and 60 month maximum time limits, which are being deleted, would sometimes result in the denial of an application where an applicant completed the required supervised experience but due to life circumstances, such as maternity leave or a family illness, the supervised experience took slightly longer than the maximum amount of time allowed under the previous rule. The initial purpose behind putting a maximum time limit for completing supervised experience was to ensure that the individual's knowledge and learning was still relevant and had not become stale. Currently under the Texas State Board of Social Worker Examiners' rules, all initial or upgrade applicants must receive a passing score on the applicable ASWB national examination within two years of application, so the Board believes that these applicants' knowledge will have been recently tested and therefore will not be stale. Additionally, the Texas State Board of Examiners of Psychologists recently amended its rules and deleted requirements that a gap of more than seven years between the applicant's degree and the date of application could be grounds for the denial of an application, unless good cause can be shown. Therefore keeping these requirements, as suggested by the commenter, would not conform with the requirements of other professions, but deleting this standard would.

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.