Title 22 (Examining Boards) Texas Administrative Code Part 34 Chapter ...

[Pages:56]Title 22 (Examining Boards) Texas Administrative Code

Part 34 Chapter 781

Rules Relating to the Licensing and Regulation of Social Workers

Adopted by the Texas State Board of Social Worker Examiners Effective on August 24, 2005, 30 TexReg 4836; amended to be effective May 4, 2006, 31 TexReg 3537; amended to be effective March 4, 2007, 32 TexReg 890; amended to be effective

February 21, 2008, 33 TexReg 1336; amended to be effective January 27, 2011, 36 TexReg 242.

Texas State Board of Social Worker Examiners Department of State Health Services P.O. Box 149347 - Mail Code 1982 Austin, Texas 78714-9347 512/719-3521 800/232-3162 Fax: 512/834-6677

lsw@dshs.state.tx.us

DSHS Publication #77-10804 Rev. 1/2011

TABLE OF CONTENTS Rules of the Texas State Board Social Worker Examiners

Title 22 Texas Administrative Code, Chapter 781

PAGE SECTION

TITLE

1 Subchapter A

1

?781.101

1

?781.102

General Provisions Purpose and Scope Definitions

5

Subchapter B

5

?781.201

6

?781.202

7

?781.203

8

?781.204

9

?781.205

10 ?781.206

10 ?781.207

11 ?781.208

11 ?781.209

11 ?781.210

11 ?781.211

12 ?781.212

12 ?781.213

12 ?781.214

13 ?781.215

13 ?781.216

13 ?781.217

13 ?781.218

13 ?781.219

Code of Conduct and Professional Standards of Practice Code of Conduct The Practice of Social Work General Standards of Practice Relationships with Clients Sexual Misconduct Professional Representation Testing Drug and Alcohol Use Client Records and Record Keeping Billing and Financial Relationships Client Confidentiality Licensees and the Board Corporations and Business Names Consumer Information Display of License Certificate Advertising and Announcements Research and Publications Providing Social Studies Licensed Sex Offender Treatment

14 Subchapter C 14 ?781.301 14 ?781.302 14 ?781.303 14 ?781.304 15 ?781.305 15 ?781.306 15 ?781.307 15 ?781.308 15 ?781.309 15 ?781.310 16 ?781.311 16 ?781.312 16 ?781.313 16 ?781.314 17 ?781.315 17 ?781.316 18 ?781.317

The Board Board Rules Board Meetings Board Training Transaction of Official Board Business Board Agendas Board Minutes Elections Officers of the Board Committees of the Board Executive Director Official Records of the Board Impartiality and Non-discrimination Applicants with Disabilities The License Roster of Licensees Fees Criminal History Evaluation Letter

PAGE SECTION

18 Subchapter D 18 ?781.401 20 ?781.402

21 ?781.403 22 ?781.404 27 ?781.405 27 ?781.406 28 ?781.407 29 ?781.408 29 ?781.409 29 ?781.410 29 ?781.411 30 ?781.412 30 ?781.413 31 ?781.414 31 ?781.415 31 ?781.416 32 ?781.417 32 ?781.418

32 Subchapter E 32 ?781.501 33 ?781.502 33 ?781.503 34 ?781.504 34 ?781.505 34 ?781.506 34 ?781.507 35 ?781.508 35 ?781.509 35 ?781.510 35 ?781.511 37 ?781.512 37 ?781.513

37 ?781.514 38 ?781.515 38 ?781.516 39 ?781.517

39 Subchapter F 39 ?781.601 40 ?781.602 40 ?781.603 42 ?781.604 43 ?781.605 43 ?781.606 43 ?781.607 43 ?781.608 44 ?781.609 45 ?781.610

TITLE

Licenses and Licensing Process Qualifications for Licensure Clinical Supervision for LCSW and Non-Clinical Supervision for LMSW-AP and Independent Practice Recognition Independent Practice Recognition (Non-Clinical) Recognition as a Board-approved Supervisor and the Supervision Process Application for Licensure Required Documentation of Qualifications for Licensure Fitness of Applicants for Licensure Materials Considered in Determination of Fitness of Applicants Finding of Non-fitness Provisional Licenses Temporary License Examination Requirement Alternate Method of Examining Competency (AMEC) Program Issuance of License Certificates Application Denial Required Reports to the Board Surrender of License Issuance of Licenses to Certain Out-Of-State Applicants

License Renewal and Continuing Education General Renewal Cycles License Renewal Late Renewal Inactive Status Emeritus Status Active Military Duty Hour Requirements for Continuing Education Types of Acceptable Continuing Education Activities Unacceptable as Continuing Education Requirements for Continuing Education Providers Evaluation of Continuing Education Providers Acceptance of Continuing Education Approved by Another Licensing Board Credit Hours Granted Continuing Education Documentation Requirements of Supervisor Training Course Providers Evaluation of Supervisor Training Course Providers

Complaints and Violations Purpose Disciplinary Action and Notices Complaint Procedures Ethics Committee Meetings and Policy Informal Conferences Licensing of Persons with Criminal Backgrounds Suspension, Revocation, or Non-renewal Informal Disposition Monitoring of Licensees Due Process Following Violation of an Order

PAGE SECTION

45 Subchapter G 45 ?781.701 45 ?781.702 46 ?781.703 46 ?781.704

47 Subchapter H 47 ?781.801 47 ?781.802 47 ?781.803 48 ?781.804 48 ?781.805 48 ?781.806 51 ?781.807 52 ?781.808

TITLE

Formal Hearings Purpose Notice Default Action After Hearing

Sanction Guidelines Purpose Relevant Factors Severity Level and Sanction Guide Other Disciplinary Actions State Office of Administrative Hearings Probation Release from Probation Peer Assistance Program

Texas State Board of Social Worker Examiners Title 22, Texas Administrative Code, Chapter 781

SUBCHAPTER A. GENERAL PROVISIONS. ?781.101. Purpose and Scope.

(5) AMEC--Alternative method of examining competency, as referenced in Texas Occupations Code, ?505.356(3), regarding reexamination.

(a) This chapter implements the provisions in the Social Work Practice Act (Act), Texas Occupations Code, Chapter 505, concerning the licensure and regulation of social workers.

(b) The Act restricts the use of the titles "social worker," "licensed master social worker," "licensed social worker," "licensed baccalaureate social worker," "licensed clinical social worker" or any other title that implies licensure or certification in social work.

(c) This chapter covers the organization, administration, and general procedures and policies of the Texas State Board of Social Worker Examiners.

(d) The Act and this chapter apply to every licensee even if the licensee is involved in activities or services exempt under the Act, ?505.003.

?781.102. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Accredited colleges or universities--An educational institution that is accredited by an accrediting agency recognized by the Council on Higher Education Accreditation.

(2) Act--The Social Work Practice Act, Texas Occupations Code, Chapter 505, concerning the licensure and regulation of social workers.

(3) ALJ--An Administrative Law Judge within the State Office of Administrative Hearings who conducts hearings under this chapter.

(4) Agency--A public or private employer, contractor or business entity providing social work services.

(6) APA--The Administrative Procedure Act, Government Code, Chapter 2001.

(7) Assessment--An on-going process of gathering information about and reaching an understanding of the client or client group's characteristics, perceived concerns and real problems, strengths and weaknesses, and opportunities and constraints; assessment may involve administering, scoring and interpreting instruments designed to measure factors about the client or client group.

(8) Association of Social Work Boards (ASWB)--The international organization which represents regulatory boards of social work and administers the national examinations utilized in the assessment for licensure.

(9) Board--Texas State Board of Social Worker Examiners.

(10) Case record--Any information related to a client and the services provided to that client, however recorded and stored.

(11) Client--An individual, family, couple, group or organization that receives social work services from a person identified as a social worker who is either licensed or unlicensed by the board.

(12) Clinical social work--A specialty within the practice of master social work that requires applying social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or bio-psychosocial functioning of individuals, couples, families, groups, and/or persons who are adversely affected by social or psychosocial stress or health impairment. Clinical social work practice involves using specialized clinical knowledge and advanced clinical skills to assess, diagnose, and treat mental, emotional, and behavioral disorders, conditions and addictions, including severe mental illness and serious emotional disturbances in adults, adolescents and children. Treatment methods may include, but are not limited to, providing

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Texas State Board of Social Worker Examiners Title 22, Texas Administrative Code, Chapter 781

individual, marital, couple, family, and group psychotherapy. Clinical social workers are qualified and authorized to use the Diagnostic and Statistical Manual of Mental Disorders (DSM), the International Classification of Diseases (ICD), Current Procedural Terminology (CPT) codes, and other diagnostic classification systems in assessment, diagnosis, and other practice activities. The practice of clinical social work is restricted to either a Licensed Clinical Social Worker, or a Licensed Master Social Worker under clinical supervision in employment or under a clinical supervision plan.

(18) Counseling, supportive--The methods used to help individuals create and maintain adaptive patterns. Such methods may include, but are not limited to, building community resources and networks, linking clients with services and resources, educating clients and informing the public, helping clients identify and build strengths, leading community groups, and providing reassurance and support.

(19) Consultation--Providing advice, opinions and conferring with other professionals regarding social work practice.

(13) Confidential information--Individually identifiable information relating to a client, including the client's identity, demographic information, physical or mental health condition, the services the client received, and payment for past, present, or future services the client received or will receive. Confidentiality is limited in cases where the law requires mandated reporting, where third persons have legal rights to the information, and where clients grant permission to share confidential information.

(20) Continuing education--Education or training aimed at maintaining, improving, or enhancing social work practice.

(21) Council on Social Work Education (CSWE)--The national organization that accredits social work education schools and programs.

(22) Department--Department of State Health Services.

(14) Completed application--The official social work application form, fees and all supporting documentation which meet the criteria set out in this chapter.

(15) Conditions of exchange--Setting reimbursement rates or fee structures, as well as business rules or policies involving issues such as setting and cancelling appointments, maintaining office hours, and managing insurance claims.

(23) Direct practice--Providing social work services through personal contact and immediate influence to help clients achieve goals.

(24) Dual or multiple relationship--A relationship that occurs when social workers interact with clients in more than one capacity, whether it be before, during, or after the professional, social, or business relationship. Dual or multiple relationships can occur simultaneously or consecutively.

(16) Contested case--A proceeding in accordance with the APA and this chapter, including, but not limited to, rule enforcement and licensing, in which the board determines the party's legal rights, duties, or privileges after the party has an opportunity for a hearing.

(25) Electronic practice--Interactive social work practice that is aided by or achieved through technological methods, such as the web, the Internet, social media, electronic chat groups, interactive TV, list serves, cell phones, telephones, faxes, and other emerging technology.

(17) Counseling, clinical--The use of clinical social work to assist individuals, couples, families or groups in learning to solve problems and make decisions about personal, health, social, educational, vocational, financial, and other interpersonal concerns.

(26) Endorsement--The process whereby the board reviews licensure requirements a professional has completed while under another jurisdiction's regulatory authority. The board may accept, deny or grant partial credit for requirements completed in a different jurisdiction.

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Texas State Board of Social Worker Examiners Title 22, Texas Administrative Code, Chapter 781

(27) Examination--A standardized test or examination, approved by the board, which measures an individual's social work knowledge, skills and abilities.

(28) Exploitation--Using a pattern, practice or scheme of conduct that can reasonably be construed as primarily meeting the licensee's needs or benefitting the licensee rather than being in the best interest of the client. Exploitation involves the professional taking advantage of the inherently unequal power differential between client and professional. Exploitation also includes behavior at the expense of another practitioner. Exploitation may involve financial, business, emotional, sexual, verbal, religious and/or relational forms.

(29) Field placement--A formal, supervised, planned, and evaluated experience in a professional setting under the auspices of a CSWE-accredited social work program and meeting CSWE standards.

(30) Formal hearing--A hearing or proceeding in accordance with this chapter, including a contested case as defined in this section to address the issues of a contested case.

(31) Fraud--A social worker's misrepresentation or omission about qualifications, services, finances, or related activities or information, or as defined by the Texas Penal Code or by other state or federal law.

(36) Independent clinical practice--The practice of clinical social work in which the social worker, after having completed all requirements for clinical licensure, assumes responsibility and accountability for the nature and quality of client services, pro bono or in exchange for direct payment or third party reimbursement. Independent clinical social work occurs in independent settings.

(37) Independent non-clinical practice--The practice of non-clinical social work outside the jurisdiction of an organizational setting, in which the social worker, after having completed all requirements for independent non-clinical practice recognition, assumes responsibility and accountability for the nature and quality of client services, pro bono or in exchange for direct payment or third party reimbursement.

(38) Independent Practice Recognition--A specialty recognition related to non-clinical social work at the LBSW or LMSW category of licensure, which denotes that the licensee has earned the specialty recognition, commonly called IPR, by successfully completing additional supervision which enhances skills in providing independent non-clinical social work.

(39) Individual supervision for licensure or specialty recognition--Supervision for professional development provided to one supervisee during the designated supervision session.

(32) Full-time experience--Providing social work services thirty or more hours per week.

(33) Group supervision for licensure or for specialty recognition--Providing supervision to a minimum of two and a maximum of six supervisees in a designated supervision session.

(34) Health care professional--A licensee or any other person licensed, certified, or registered by the State of Texas in a health related profession.

(35) Impaired professional--A licensee whose ability to perform social work services is impaired by the licensee's physical health, mental health, or by medication, drugs or alcohol.

(40) Investigator--A department employee or other authorized person whom the board uses to investigate allegations of professional misconduct.

(41) LBSW--Licensed Baccalaureate Social Worker.

(42) LCSW--Licensed Clinical Social Worker.

(43) License--A regular or temporary boardissued license, including LBSW, LMSW, and LCSW. Some licenses may carry an additional specialty recognition, such as LMSW-AP, LBSW-IPR, or LMSW-IPR.

(44) Licensee--A person licensed by the board to practice social work.

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Texas State Board of Social Worker Examiners Title 22, Texas Administrative Code, Chapter 781

(45) LMSW--Licensed Master Social Worker.

(54) Social worker--A person licensed under the Act.

(46) LMSW-AP--Licensed Master Social Worker with the Advanced Practitioner specialty recognition for non-clinical practice.

(47) Non-clinical social work--Professional social work which incorporates non-clinical work with individuals, families, groups, communities, and social systems which may involve locating resources, negotiating and advocating on behalf of clients or client groups, administering programs and agencies, community organizing, teaching, researching, providing employment or professional development non-clinical supervision, developing and analyzing policy, fund-raising, and other non-clinical activities.

(48) Peer assistance program--A program designed to help an impaired professional return to fitness for practice.

(49) Person--An individual, corporation, partnership, or other legal entity.

(50) Psychotherapy--Treatment in which a qualified social worker uses a specialized, formal interaction with an individual, couple, family, or group by establishing and maintaining a therapeutic relationship to understand and intervene in intrapersonal, interpersonal and psychosocial dynamics; and to diagnose and treat mental, emotional, and behavioral disorders and addictions.

(51) Recognition--Authorization from the board to engage in the independent or specialty practice of social work services.

(55) Social work practice--Services which an employee, independent practitioner, consultant, or volunteer provides for compensation or pro bono to effect changes in human behavior, a person's emotional responses, interpersonal relationships, and the social conditions of individuals, families, groups, organizations, and communities. Social work practice is guided by specialized knowledge, acquired through formal social work education. Social workers specialize in understanding how humans develop and behave within social environments, and in using methods to enhance the functioning of individuals, families, groups, communities, and organizations. Social work practice involves the disciplined application of social work values, principles, and methods including, but not limited to, psychotherapy; marriage, family, and couples intervention; group therapy and group work; mediation; case management; supervision and administration of social work services and programs; counseling; assessment, diagnosis, treatment; policy analysis and development; research; advocacy for vulnerable groups; social work education; and evaluation.

(56) Supervisor, board-approved--A person meeting the requirements set out in ?781.402 of this title (relating to Clinical Supervision for LCSW and Non-Clinical Supervision for LMSW-AP and Independent Practice Recognition), to supervise a licensee towards the LCSW, LMSW-AP or Independent Practice Recognition, or as a result of a board order.

(57) Supervision--Supervision includes:

(52) Rules--Provisions of this chapter specifying how the board implements the Act, how the board operates, and how individuals are affected by the Act.

(53) Social work case management--Using a bio-psychosocial perspective to assess, evaluate, implement, monitor and advocate for services on behalf of and in collaboration with the identified client or client group.

(A) administrative or work-related supervision of an employee, contractor or volunteer that is not related to qualification for licensure, practice specialty recognition, a disciplinary order, or a condition of new or continued licensure;

(B) clinical supervision of a Licensed Master Social Worker in a setting in which the LMSW is providing clinical services; the supervision may be provided by a Licensed Professional Counselor, Licensed Psychologist, Licensed Marriage and Family Therapist, Licensed

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