The Texas Behavioral Health Executive Council adopts amendments to §781.404, relating to Recognition as a Council-approved Supervisor and the Supervision Process. Section 781.404 is adopted with changes to the proposed text as published in the December 16, 2022, issue of the Texas Register (47 TexReg 8233) and will be republished. Proposed §781.404(b)(3)(B) listed an implementation date of May 1, 2023, for new §781.404(b)(3)(A) which pertains to the minimum requirements for the 40-hour supervisor's training program. The implementation date was intended to provide licensees with some additional advanced notice of this rule change. Since this date has already passed a new implementation date of September 1, 2023, has been adopted to provide the additional advanced notice of this change as originally intended.

Reasoned Justification.

The adopted amendments delete the 48 and 60 month maximums for completing the required supervised experience for licensure as a clinical social worker (LCSW) or for independent practice recognition (IPR) status. The adopted amendments also provide more specific details regarding the minimum standards for the 40 hours of education required to apply for supervisor status. Additionally, the adopted changes delete some duplicative language regarding the Council's ability to discipline a licensee that continues to provide supervision after the licensee no longer possesses supervisor status, and the outdated subparagraph that initially required the 40 hours supervision training back in 2014.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

None.

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 Executive Council thanks the commenters for their supportive remarks.

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.