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; amended to be effective
June 12, 2011, 36 TexReg 3410.

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
http://www.dshs.state.tx.us/socialwork/

DSHS Publication #77-10804

Rev. 6/2011
 TABLE OF CONTENTS
Rules of the Texas State Board Social Worker Examiners
Title 22 Texas Administrative Code, Chapter 781

PAGE SECTION TITLE

2 Subchapter A General Provisions

2 §781.101 Purpose and Scope
2 §781.102 Definitions

6 Subchapter B Code of Conduct and Professional Standards of Practice

6 §781.201 Code of Conduct
7 §781.202 The Practice of Social Work
8 §781.203 General Standards of Practice
9 §781.204 Relationships with Clients
10 §781.205 Sexual Misconduct
11 §781.206 Professional Representation
11 §781.207 Testing
11 §781.208 Drug and Alcohol Use
12 §781.209 Client Records and Record Keeping
12 §781.210 Billing and Financial Relationships
12 §781.211 Client Confidentiality
13 §781.212 Licensees and the Board
13 §781.213 Corporations and Business Names
13 §781.214 Consumer Information
13 §781.215 Display of License Certificate
14 §781.216 Advertising and Announcements
14 §781.217 Research and Publications
14 §781.218 Providing Social Studies
14 §781.219 Licensed Sex Offender Treatment
14 §781.220 Parent Coordination
15 §781.221 Parenting Facilitation

19 Subchapter C The Board

19 §781.301 Board Rules
19 §781.302 Board Meetings
19 §781.303 Board Training
19 §781.304 Transaction of Official Board Business
20 §781.305 Board Agendas
20 §781.306 Board Minutes
20 §781.307 Elections
20 §781.308 Officers of the Board
20 §781.309 Committees of the Board
20 §781.310 Executive Director
21 §781.311 Official Records of the Board
21 §781.312 Impartiality and Non-discrimination
21 §781.313 Applicants with Disabilities
21 §781.314 The License
21 §781.315 Roster of Licensees
22 §781.316 Fees
22 §781.317 Criminal History Evaluation Letter

PAGE SECTION TITLE

23 Subchapter D Licenses and Licensing Process
23 §781.401 Qualifications for Licensure
25 §781.402 Clinical Supervision for LCSW and Non-Clinical Supervision for LMSW-AP and
Independent Practice Recognition
26 §781.403 Independent Practice Recognition (Non-Clinical)
27 §781.404 Recognition as a Board-approved Supervisor and the Supervision Process
32 §781.405 Application for Licensure
32 §781.406 Required Documentation of Qualifications for Licensure
33 §781.407 Fitness of Applicants for Licensure
33 §781.408 Materials Considered in Determination of Fitness of Applicants
33 §781.409 Finding of Non-fitness
34 §781.410 Provisional Licenses
34 §781.411 Temporary License
34 §781.412 Examination Requirement
35 §781.413 Alternate Method of Examining Competency (AMEC) Program
35 §781.414 Issuance of License Certificates
36 §781.415 Application Denial
36 §781.416 Required Reports to the Board
36 §781.417 Surrender of License
37 §781.418 Issuance of Licenses to Certain Out-of-State Applicants

37 Subchapter E License Renewal and Continuing Education

37 §781.501 General
37 §781.502 Renewal Cycles
38 §781.503 License Renewal
38 §781.504 Late Renewal
39 §781.505 Inactive Status
39 §781.506 Emeritus Status
39 §781.507 Active Military Duty
39 §781.508 Hour Requirements for Continuing Education
39 §781.509 Types of Acceptable Continuing Education
40 §781.510 Activities Unacceptable as Continuing Education
40 §781.511 Requirements for Continuing Education Providers
41 §781.512 Evaluation of Continuing Education Providers
42 §781.513 Acceptance of Continuing Education Approved by Another Licensing Board
42 §781.514 Credit Hours Granted
42 §781.515 Continuing Education Documentation
43 §781.516 Requirements of Supervisor Training Course Providers
44 §781.517 Evaluation of Supervisor Training Course Providers
PAGE SECTION TITLE

44 Subchapter F Complaints and Violations

44 §781.601 Purpose
44 §781.602 Disciplinary Action and Notices
45 §781.603 Complaint Procedures
47 §781.604 Ethics Committee Meetings and Policy
47 §781.605 Informal Conferences
47 §781.606 Licensing of Persons with Criminal Backgrounds
48 §781.607 Suspension, Revocation, or Non-renewal
48 §781.608 Informal Disposition
49 §781.609 Monitoring of Licensees
49 §781.610 Due Process Following Violation of an Order

50 Subchapter G Formal Hearings

50 §781.701 Purpose
50 §781.702 Notice
50 §781.703 Default
51 §781.704 Action after Hearing

51 Subchapter H Sanction Guidelines

51 §781.801 Purpose
51 §781.802 Relevant Factors
52 §781.803 Severity Level and Sanction Guide
53 §781.804 Other Disciplinary Actions
53 §781.805 State Office of Administrative Hearings
53 §781.806 Probation
56 §781.807 Release from Probation
56 §781.808 Peer Assistance Program
 SUBCHAPTER A. under the Act,
GENERAL §505.003.
PROVISIONS.
§781.102.
§781.101. Purpose Definitions. The
and Scope. following words and
terms, when used in
(a) This this chapter, shall
chapter implements have the following
the provisions in the meanings, unless the
Social Work Practice context clearly
Act (Act), Texas indicates otherwise.
Occupations Code,
Chapter 505, (1)
concerning the Accredited colleges or
licensure and universities--An
regulation of social educational institution
workers. that is accredited by
an accrediting agency
(b) The Act recognized by the
restricts the use of the Council on Higher
titles "social worker," Education
"licensed master Accreditation.
social worker,"
"licensed social (2) Act--The
worker," "licensed Social Work Practice
baccalaureate social Act, Texas
worker," "licensed Occupations Code,
clinical social worker" Chapter 505,
or any other title that concerning the
implies licensure or licensure and
certification in social regulation of social
work. workers.

(c) This (3) ALJ--An

chapter covers the Administrative Law
organization, Judge within the State
administration, and Office of
general procedures Administrative
and policies of the Hearings who
Texas State Board of conducts hearings
Social Worker under this chapter.
Examiners.
(4) Agency--
(d) The Act A public or private
and this chapter apply employer, contractor
to every licensee even or business entity
if the licensee is providing social work
involved in activities services.
or services exempt
 (5) AMEC-- assessment for practice involves
Alternative method of licensure. using specialized (13)
examining clinical knowledge Confidential
competency, as (9) Board-- and advanced clinical information--
referenced in Texas Texas State Board of skills to assess, Individually
Occupations Code, Social Worker diagnose, and treat identifiable
§505.356(3), Examiners. mental, emotional, information relating to
regarding and behavioral a client, including the
reexamination. (10) Case disorders, conditions client's identity,
record--Any and addictions, demographic
(6) APA--The information related to including severe information, physical
Administrative a client and the mental illness and or mental health
Procedure Act, services provided to serious emotional condition, the services
Government Code, that client, however disturbances in adults, the client received,
Chapter 2001. recorded and stored. adolescents and and payment for past,
children. Treatment present, or future
(7) (11) Client-- methods may include, services the client
Assessment--An on- An individual, family, but are not limited to, received or will
going process of couple, group or providing individual, receive.
gathering information organization that marital, couple, family, Confidentiality is
about and reaching an receives social work and group limited in cases where
understanding of the services from a psychotherapy. the law requires
client or client group's person identified as a Clinical social workers mandated reporting,
characteristics, social worker who is are qualified and where third persons
perceived concerns either licensed or authorized to use the have legal rights to
and real problems, unlicensed by the Diagnostic and the information, and
strengths and board. Statistical Manual of where clients grant
weaknesses, and Mental Disorders permission to share
opportunities and (12) Clinical (DSM), the confidential
constraints; social work--A International information.
assessment may specialty within the Classification of
involve administering, practice of master Diseases (ICD), (14)
scoring and social work that Current Procedural Completed
interpreting requires applying Terminology (CPT) application--The
instruments designed social work theory, codes, and other official social work
to measure factors knowledge, methods, diagnostic application form, fees
about the client or ethics, and the classification systems and all supporting
client group. professional use of in assessment, documentation which
self to restore or diagnosis, and other meet the criteria set
(8) enhance social, practice activities. The out in this chapter.
Association of Social psychosocial, or bio- practice of clinical
Work Boards psychosocial social work is (15)
(ASWB)--The functioning of restricted to either a Conditions of
international individuals, couples, Licensed Clinical exchange--Setting
organization which families, groups, Social Worker, or a reimbursement rates
represents regulatory and/or persons who Licensed Master or fee structures, as
boards of social work are adversely affected Social Worker under well as business rules
and administers the by social or clinical supervision in or policies involving
national examinations psychosocial stress or employment or under issues such as setting
utilized in the health impairment. a clinical supervision and cancelling
Clinical social work plan. appointments,
maintaining office informing the public, A relationship that examination,
hours, and managing helping clients identify occurs when social approved by the
insurance claims. and build strengths, workers interact with board, which
leading community clients in more than measures an
(16) groups, and providing one capacity, whether individual's social
Contested case--A reassurance and it be before, during, or work knowledge, skills
proceeding in support. after the professional, and abilities.
accordance with the social, or business
APA and this chapter, (19) relationship. Dual or (28)
including, but not Consultation-- multiple relationships Exploitation--Using a
limited to, rule Providing advice, can occur pattern, practice or
enforcement and opinions and simultaneously or scheme of conduct
licensing, in which the conferring with other consecutively. that can reasonably
board determines the professionals be construed as
party's legal rights, regarding social work (25) primarily meeting the
duties, or privileges practice. Electronic practice-- licensee's needs or
after the party has an Interactive social work benefitting the
opportunity for a (20) practice that is aided licensee rather than
hearing. Continuing by or achieved being in the best
education--Education through technological interest of the client.
(17) or training aimed at methods, such as the Exploitation involves
Counseling, clinical-- maintaining, web, the Internet, the professional
The use of clinical improving, or social media, taking advantage of
social work to assist enhancing social work electronic chat the inherently unequal
individuals, couples, practice. groups, interactive TV, power differential
families or groups in list serves, cell between client and
learning to solve (21) Council phones, telephones, professional.
problems and make on Social Work faxes, and other Exploitation also
decisions about Education (CSWE)-- emerging technology. includes behavior at
personal, health, The national the expense of
social, educational, organization that (26) another practitioner.
vocational, financial, accredits social work Endorsement--The Exploitation may
and other education schools and process whereby the involve financial,
interpersonal programs. board reviews business, emotional,
concerns. licensure sexual, verbal,
(22) requirements a religious and/or
(18) Department-- professional has relational forms.
Counseling, Department of State completed while
supportive--The Health Services. under another (29) Field
methods used to help jurisdiction's placement--A formal,
individuals create and (23) Direct regulatory authority. supervised, planned,
maintain adaptive practice--Providing The board may and evaluated
patterns. Such social work services accept, deny or grant experience in a
methods may include, through personal partial credit for professional setting
but are not limited to, contact and requirements under the auspices of
building community immediate influence completed in a a CSWE-accredited
resources and to help clients achieve different jurisdiction. social work program
networks, linking goals. and meeting CSWE
clients with services (27) standards.
and resources, (24) Dual or Examination--A
educating clients and multiple relationship-- standardized test or
 (30) Formal licensee whose ability third party (42) LCSW--
hearing--A hearing or to perform social work reimbursement. Licensed Clinical
proceeding in services is impaired Social Worker.
accordance with this by the licensee's (38)
chapter, including a physical health, Independent Practice (43)
contested case as mental health, or by Recognition--A License--A regular or
defined in this section medication, drugs or specialty recognition temporary board-
to address the issues alcohol. related to non-clinical issued license,
of a contested case. social work at the including LBSW,
(36) LBSW or LMSW LMSW, and LCSW.
(31) Fraud--A Independent clinical category of licensure, Some licenses may
social worker's practice--The practice which denotes that carry an additional
misrepresentation or of clinical social work the licensee has specialty recognition,
omission about in which the social earned the specialty such as LMSW-AP,
qualifications, worker, after having recognition, LBSW-IPR, or LMSW-
services, finances, or completed all commonly called IPR, IPR.
related activities or requirements for by successfully
information, or as clinical licensure, completing additional (44)
defined by the Texas assumes supervision which Licensee--A person
Penal Code or by responsibility and enhances skills in licensed by the board
other state or federal accountability for the providing independent to practice social
law. nature and quality of non-clinical social work.
client services, pro work.
(32) Full-time bono or in exchange (45) LMSW--
experience--Providing for direct payment or (39) Licensed Master
social work services third party Individual supervision Social Worker.
thirty or more hours reimbursement. for licensure or
per week. Independent clinical specialty recognition-- (46) LMSW-
social work occurs in Supervision for AP--Licensed Master
(33) Group independent settings. professional Social Worker with the
supervision for development provided Advanced Practitioner
licensure or for (37) to one supervisee specialty recognition
specialty recognition-- Independent non- during the designated for non-clinical
Providing supervision clinical practice--The supervision session. practice.
to a minimum of two practice of non-clinical
and a maximum of six social work outside (40) (47) Non-
supervisees in a the jurisdiction of an Investigator--A clinical social work--
designated organizational setting, department employee Professional social
supervision session. in which the social or other authorized work which
worker, after having person whom the incorporates non-
(34) Health completed all board uses to clinical work with
care professional--A requirements for investigate allegations individuals, families,
licensee or any other independent non- of professional groups, communities,
person licensed, clinical practice misconduct. and social systems
certified, or registered recognition, assumes which may involve
by the State of Texas responsibility and (41) LBSW-- locating resources,
in a health related accountability for the Licensed negotiating and
profession. nature and quality of Baccalaureate Social advocating on behalf
client services, pro Worker. of clients or client
(35) Impaired bono or in exchange groups, administering
professional--A for direct payment or programs and
agencies, community Authorization from the and communities. in §781.402 of this
organizing, teaching, board to engage in Social work practice is title (relating to
researching, providing the independent or guided by specialized Clinical Supervision
employment or specialty practice of knowledge, acquired for LCSW and Non-
professional social work services. through formal social Clinical Supervision
development non- work education. for LMSW-AP and
clinical supervision, (52) Rules-- Social workers Independent Practice
developing and Provisions of this specialize in Recognition), to
analyzing policy, fund- chapter specifying understanding how supervise a licensee
raising, and other how the board humans develop and towards the LCSW,
non-clinical activities. implements the Act, behave within social LMSW-AP or
how the board environments, and in Independent Practice
(48) Peer operates, and how using methods to Recognition, or as a
assistance program-- individuals are enhance the result of a board
A program designed affected by the Act. functioning of order.
to help an impaired individuals, families,
professional return to (53) Social groups, communities, (57)
fitness for practice. work case and organizations. Supervision--
management--Using a Social work practice Supervision includes:
(49) Person-- bio-psychosocial involves the
An individual, perspective to assess, disciplined application (A)
corporation, evaluate, implement, of social work values, administrative or
partnership, or other monitor and advocate principles, and work-related
legal entity. for services on behalf methods including, supervision of an
of and in collaboration but not limited to, employee, contractor
(50) with the identified psychotherapy; or volunteer that is not
Psychotherapy-- client or client group. marriage, family, and related to qualification
Treatment in which a couples intervention; for licensure, practice
qualified social worker (54) Social group therapy and specialty recognition,
uses a specialized, worker--A person group work; a disciplinary order, or
formal interaction with licensed under the mediation; case a condition of new or
an individual, couple, Act. management; continued licensure;
family, or group by supervision and
establishing and (55) Social administration of (B)
maintaining a work practice-- social work services clinical supervision of
therapeutic Services which an and programs; a Licensed Master
relationship to employee, counseling; Social Worker in a
understand and independent assessment, setting in which the
intervene in practitioner, diagnosis, treatment; LMSW is providing
intrapersonal, consultant, or policy analysis and clinical services; the
interpersonal and volunteer provides for development; supervision may be
psychosocial compensation or pro research; advocacy provided by a
dynamics; and to bono to effect for vulnerable groups; Licensed Professional
diagnose and treat changes in human social work education; Counselor, Licensed
mental, emotional, behavior, a person's and evaluation. Psychologist,
and behavioral emotional responses, Licensed Marriage
disorders and interpersonal (56) and Family Therapist,
addictions. relationships, and the Supervisor, board- Licensed Clinical
social conditions of approved--A person Social Worker or
(51) individuals, families, meeting the Psychiatrist. This
Recognition-- groups, organizations, requirements set out supervision is not
related to qualification supervision is educational, sexual orientation, or
for licensure, practice delivered by a board- professional, and/or political affiliation.
specialty recognition, approved supervisor; examination
a disciplinary order, or requirements for (2)
a condition of new or (F) applicants who meet A social worker shall
continued licensure; supervision of a the criteria for truthfully report her or
probationary Licensed licensure under his services,
(C) Master Social Worker special conditions professional
clinical supervision of or Licensed based on appeal to credentials and
a Licensed Master Baccalaureate Social the board. qualifications to
Social Worker, who is Worker providing non- clients or potential
providing clinical clinical services by a SUBCHAPTER B. clients. A social
services and is under board-approved CODE OF worker shall not
a board-approved supervisor toward CONDUCT AND advertise or claim a
supervision plan to licensure under the PROFESSIONAL degree from a college
fulfill supervision AMEC program; or STANDARDS OF or university which is
requirements for PRACTICE. not accredited by the
achieving the LCSW; (G) Council on Higher
a Licensed Clinical board-ordered §781.201. Code of Education
Social Worker who is supervision of a Conduct. Accreditation.
a board-approved licensee by a board-
supervisor delivers approved supervisor (a) A social (3)
this supervision; pursuant to a worker must observe A social worker shall
disciplinary order or and comply with the only offer those
(D) as a condition of new code of conduct and services that are
non-clinical or continued standards of practice within his or her
supervision of a licensure. set forth in this professional
Licensed Master subchapter. Any competency, and shall
Social Worker or (58) violation of the code provide services
Licensed Supervision hour--A of conduct or within accepted
Baccalaureate Social supervision hour is a standards of practice professional
Worker who is minimum of 60 will constitute standards of practice,
providing non-clinical minutes in length. unethical conduct or appropriate to the
social work service conduct that discredits client's needs.
toward qualifications (59) or tends to discredit
for independent non- Termination--Ending the profession of (4)
clinical practice social work services social work and is A social worker shall
recognition; this with a client. grounds for strive to maintain and
supervision is disciplinary action. improve her or his
delivered by a board- (60) Texas professional
approved supervisor; Open Meetings Act-- (1) knowledge, skills and
Government Code, A social worker shall abilities.
(E) Chapter 551. not refuse to perform
non-clinical any act or service for (5)
supervision of a (61) Texas which the person is A social worker shall
Licensed Master Public Information licensed solely on the base all services on
Social Worker who is Act--Government basis of a client's age, an assessment,
providing non-clinical Code, Chapter 552. gender, race, color, evaluation or
social work service religion, national diagnosis of the client.
toward qualifications (62) Waiver-- origin, disability,
for the LMSW-AP; this The suspension of
 (6) guide service delivery Work is generalist work theory,
A social worker shall and will make use of practice and may knowledge, methods
provide the client with supervision and include interviewing, and ethics and the
a clear description of consultation as assessment, planning, professional use of
services, schedules, indicated by the intervention, self to restore or
fees and billing at the client's needs. evaluation, case enhance social,
initiation of services. management, psychosocial, or bio-
(13) mediation, counseling, psychosocial
(7) A social worker shall supportive counseling, functioning of
A social worker shall refer a client for those direct practice, individuals, couples,
safeguard the client's services that the information and families, groups,
rights to confidentiality social worker is referral, problem organizations and
within the limits of the unable to meet, and solving, supervision, communities. An
law. shall terminate consultation, LMSW may practice
services to a client education, advocacy, clinical social work in
(8) when continuing to community an agency
A social worker shall provide services is no organization, and employment setting
be responsible for longer in the client's policy and program under clinical
setting and best interest. development, supervision, under a
maintaining implementation, and board-approved
professional (b) The administration. supervision plan, or
boundaries. grounds for under contract with an
disciplinary action of a (b) Practice agency when under a
(9) social worker shall be of Independent Non- board-approved
A social worker shall based on the code of Clinical Baccalaureate clinical supervision
not have sexual conduct or standards Social Work--An plan. Master's Social
contact with a client or of practice in effect at LBSW recognized for Work practice may
a person who has the time of the independent practice, include applying
been a client. violation. known as LBSW-IPR, specialized
may provide any non- knowledge and
(10) §781.202. The clinical baccalaureate advanced practice
A social worker shall Practice of Social social work services in skills in assessment,
refrain from providing Work. either an employment treatment, planning,
services while or an independent implementation and
impaired by physical (a) Practice practice setting. An evaluation, case
health, mental health, of Baccalaureate LBSW-IPR may work management,
medical condition, or Social Work--Applying under contract, bill mediation, counseling,
by medication, drugs social work theory, directly for services, supportive counseling,
or alcohol. knowledge, methods, and bill third parties direct practice,
ethics and the for reimbursements information and
(11) professional use of for services. An referral, supervision,
A social worker shall self to restore or LBSW-IPR must consultation,
not exploit his or her enhance social, restrict his or her education, research,
position of trust with a psychosocial, or bio- independent practice advocacy, community
client or former client. psychosocial to providing non- organization and
functioning of clinical social work developing,
(12) individuals, couples, services. implementing and
A social worker shall families, groups, administering policies,
evaluate a client's organizations and (c) Practice programs and
progress on a communities. of Master's Social activities. An LMSW
continuing basis to Baccalaureate Social Work--Applying social may engage in
Baccalaureate Social
Work practice. (f) Practice of
Clinical Social Work--
(d) Advanced The practice of social
Non-Clinical Practice work that requires
of LMSWs--An LMSW applying social work
recognized as an theory, knowledge,
Advanced Practitioner methods, ethics, and
(LMSW-AP) may the professional use
provide any non- of self to restore or
clinical social work enhance social,
services in either an psychosocial, or bio-
employment or an psychosocial
independent practice functioning of
setting. An LMSW-AP individuals, couples,
may work under families, groups,
contract, bill directly and/or persons who
for services, and bill are adversely affected
third parties for by social or
reimbursements for psychosocial stress or
services. An LMSW- health impairment.
AP must restrict his or The practice of clinical
her practice to social work requires
providing non-clinical applying specialized
social work services. clinical knowledge
and advanced clinical
(e) skills in assessment,
Independent Practice diagnosis, and
for LMSWs--An treatment of mental,
LMSW recognized for emotional, and
independent practice behavioral disorders,
may provide any non- conditions and
clinical social work addictions, including
services in either an severe mental illness
employment or an and serious emotional
independent practice disturbances in adults,
setting. This licensee adolescents, and
is designated as children. The clinical
LMSW-IPR. An social worker may
LMSW-IPR may work engage in
under contract, bill Baccalaureate Social
directly for services, Work practice and
and bill third parties Master's Social Work
for reimbursements practice. Clinical
for services. An treatment methods
LMSW-IPR must may include but are
restrict his or her not limited to
independent practice providing individual,
to providing non- marital, couple, family,
clinical social work and group therapy,
services. mediation, counseling,
supportive counseling, being licensed and
direct practice, and recognized by the
psychotherapy. board, unless the
Clinical social workers person is licensed in
are qualified and another profession
authorized to use the and acting solely
Diagnostic and within the scope of
Statistical Manual of that license. If the
Mental Disorders person is practicing
(DSM), the professionally under
International another license, the
Classification of person may not use
Diseases (ICD), the titles "licensed
Current Procedural clinical social worker,"
Terminology (CPT) "licensed master
Codes, and other social worker,"
diagnostic "licensed social
classification systems worker," or "licensed
in assessment, baccalaureate social
diagnosis, treatment worker," or any other
and other practice title or initials that
activities. An LCSW imply social work
may provide any licensure unless one
clinical or non-clinical holds the appropriate
social work service or license or
supervision in either independent practice
an employment or recognition.
independent practice
setting. An LCSW (h) An LBSW
may work under or LMSW who is not
contract, bill directly recognized for
for services, and bill independent practice
third parties for may not provide direct
service social work services
reimbursements. to clients from a
location that she or he
(g) A owns or leases and
licensee who is not that is not owned or
recognized for leased by an
independent practice employer or other
or who is not under a legal entity with
board-approved non- responsibility for the
clinical supervision client. This does not
plan must not engage preclude in-home
in any independent services such as in-
practice that falls home health care or
within the definition of the use of electronic
social work practice in media to provide
§781.102 of this title services in an
(relating to emergency.
Definitions) without
 (i) An LBSW (2) shall other documents (a) A social
or LMSW who is not terminate a submitted to the worker shall inform in
recognized for professional board; writing a prospective
independent practice relationship when it is client about the nature
may practice for reasonably clear that (7) shall of the professional
remuneration in a the client is not ensure that, both relationship, which
direct employment or benefiting from the before services can include but is not
agency setting but relationship. If commence and as limited to office
may not work continued services progress, the procedures, after-
independently, bill professional services client knows the hours coverage,
directly to patients or are indicated, the licensee's services provided,
bill directly to third licensee shall take qualifications and any fees, and
party payers, unless reasonable steps to intent to delegate arrangements for
the LBSW or LMSW is facilitate transferring service provision; any payment.
under a formal board- the client to an restrictions the board
approved supervision appropriate source of has placed on the (b) The
plan. service; licensee's license; the social worker shall not
limits on give or receive a
§781.203. General (3) shall not confidentiality and commission, rebate,
Standards of evaluate any privacy; and or any other form of
Practice. This individual's mental, applicable fees and remuneration for
section establishes emotional, or payment referring clients.
standards of behavioral condition arrangements; Payment of
professional conduct unless the licensee credentialing or other
required of a social has personally (8) if the fees to insurance
worker. The licensee, interviewed the client must barter for companies or other
following applicable individual or the services, it is the third party payers to
statutes: licensee discloses professional's be part of an
with the evaluation responsibility to approved provider list
(1) shall not that the licensee has ensure that the client shall not be
knowingly offer or not personally is in no way harmed. considered as a
provide professional interviewed the The value of the violation of this
services to an individual; barter shall be agreed chapter.
individual concurrently upon in advance and
receiving professional (4) shall not shall not exceed (c) A social
services from another persistently or customary charges for worker shall not enter
mental health services flagrantly over treat a the service or goods; into a business
provider except with client; and relationship with a
that provider's client. This rule does
knowledge. If a (5) shall not (9) shall not prohibit a
licensee learns of aid and abet the ensure that the client professional social
such concurrent unlicensed practice of or a legally authorized work relationship with
professional services, social work by a person representing a client, as described
the licensee shall take person required to be the client has signed a in this subchapter.
immediate and licensed under the consent for services,
reasonable action to Act; when appropriate. (d) A social
inform the other worker shall not
mental health services (6) shall not §781.204. engage in activities
provider; participate in any way Relationships with that seek to primarily
in falsifying licensure Clients. meet the social
applications or any worker's personal
needs or personal capabilities, licensed in Texas and (p) A
gain instead of the background, training, adhere to provisions licensee shall not
needs of the client. experience, of this chapter. promote the licensee's
education, personal or business
(e) A social professional (l) The activities that are
worker shall be affiliations, fees, licensee shall not unrelated to the
responsible for setting products, or provide social work current professional
and maintaining publications; the type, services or relationship.
professional effectiveness, intervention to
boundaries. qualifications, and previous or current (q) A
products of services family members; licensee shall set and
(f) A social offered by an personal friends; maintain professional
worker shall keep organization or educational or boundaries, avoiding
accurate records of agency; or the business associates; dual or multiple
services to include, practice or field of or individuals whose relationships with
but not be limited to, social work. welfare might be clients. If a dual or
dates of services, jeopardized by a dual multiple relationship
types of services, (i) If the or multiple develops, the social
progress or case licensee learns that relationship. worker is responsible
notes and billing false, misleading, for ensuring the client
information for a deceptive, fraudulent (m) The is safe.
minimum of five years or exaggerated licensee shall not
for an adult client and statements about the accept from or give to §781.205. Sexual
five years beyond the services, a client any gift with a Misconduct.
age of 18 years of age qualifications, or value in excess of
for a minor, or in products have been $25. If the licensee's (a)
compliance with made, the licensee employer prohibits Definitions.
applicable laws or shall take all available giving or receiving
professional steps to correct the gifts, the licensee (1)
standards. inappropriate claims, shall comply with the Sexual contact--Any
prevent their employer's policy. touching or behavior
(g) A social reoccurrence, and that can be construed
worker shall bill clients report the incident to (n) The as sexual in nature or
or third parties for only the board. licensee may not as defined by the
those services borrow or lend money Texas Penal Code,
actually rendered or (j) A licensee or items of value to §21.01, relating to
as agreed to by shall provide social clients or relatives of assault.
mutual written work intervention only clients.
understanding. in the context of a (2)
professional (o) The Therapeutic
(h) A relationship. licensee shall take deception--A
licensee shall not reasonable licensee's act or
make any false, (k) Electronic precautions to protect statement
misleading, deceptive, practice may be used individuals from representing that
fraudulent or judiciously as part of physical or emotional sexual contact or
exaggerated claim or the social work harm resulting from sexual exploitation
statement about the process and the interaction within between the licensee
effectiveness of the supervision process. individual and group and a client or client
licensee's services; Social workers settings. group is a valid part of
the licensee's engaging in electronic the treatment process.
qualifications, practice must be
 (3) therapeutic deception
Sexual exploitation--A occurred.
pattern, practice or
scheme of (e) It is not a
exploitation, which defense to
may include, but is not disciplinary action
limited to, sexual under subsections (a)
contact with a client. - (c) of this section if
the sexual contact,
(b) A sexual exploitation, or
licensee shall not therapeutic deception
engage in sexual with the person
contact or sexual occurred with the
exploitation with a client's consent;
client or former client; outside appointments
a supervisee of the with the client; or off
licensee; or a student the premises the
at an educational licensee used for
institution at which the appointments with the
licensee provides client.
professional or
educational services. (f) Examples
of sexual contact are
(c) A licensee those activities and
shall not practice behaviors described
therapeutic deception in the Texas Penal
of a client or former Code, §21.01, relating
client. to assault.
(d) It is not a (g) A services provider.
defense to a licensee shall report
disciplinary action sexual misconduct in
under subsections (a) accordance with
- (c) of this section if Texas Civil Practice
the person was no and Remedies Code,
longer emotionally Chapter 81, relating to
dependent on the sexual exploitation by
licensee when the a mental health
sexual exploitation services provider. If a
began, the sexual licensee has
contact occurred, or reasonable cause to
the therapeutic suspect that a client
deception occurred. It has been the victim of
is also not a defense sexual exploitation,
that the licensee sexual contact, or
terminated services therapeutic deception
with the person before by another licensee or
the date the sexual a mental health
exploitation began, services provider, or if
the sexual contact a client alleges sexual
occurred or the exploitation, sexual
contact, or therapeutic victim has requested
deception by another anonymity; express
licensee or a mental suspicion that sexual
health services exploitation, sexual
a provider, the licensee contact, or therapeutic
shall report the deception occurred;
alleged conduct not and provide the
later than the 30th day alleged perpetrator's
after the date the name.
licensee became
aware of the conduct (h) The
or the allegations to: following may
constitute sexual
(1) exploitation if done for
the prosecuting sexual arousal, sexual
attorney in the county gratification, or sexual
in which the alleged abuse of either the
sexual exploitation, social worker or a
sexual contact or person who is
therapeutic deception receiving or has
occurred; and received the
licensee's
(2) professional services
the board if the as a social worker:
conduct involves a
licensee and any (1)
other state licensing sexual harassment,
agency which licenses sexual solicitation,
the mental health physical advances,
verbal or nonverbal
conduct that is sexual
(3) in nature;
Before making a
report under this (2)
subsection, the any behavior,
licensee shall inform gestures, comments,
the alleged victim of or expressions which
the licensee's duty to may reasonably be
report and shall interpreted as
determine if the inappropriately
alleged victim wants seductive or sexual,
to remain anonymous. including making
sexual comments
(4) about a person's body
A report under this or making sexually
subsection shall demeaning comments
contain information about an individual's
necessary to identify sexual orientation, or
the licensee; identify making comments
the alleged victim, about potential sexual
unless the alleged performance except
when the comment is (a) A social the publisher's treatment plan, and
pertinent to issues of worker shall not permission. billing information;
sexual function or misrepresent any
dysfunction in professional (c) A social (2) retain and
counseling; qualifications or worker shall not dispose of client
associations. administer any test records in ways that
(3) without the maintain
initiating conversation (b) A social appropriate training confidentiality;
about the licensee's worker shall not and experience to
sexual problems, misrepresent the administer the test. (3) in
preferences, or attributes of any independent practice,
fantasies; or agency or (d) A social establish a plan for
requesting details of organization, or make worker must observe the custody and
sexual history or unreasonable, the necessary control of the
sexual likes and misleading, deceptive, precautions to licensee's client
dislikes when those fraudulent, maintain the security records should the
details are not exaggerated, or of any test licensee die, become
necessary for unsubstantiated administered by the incapacitated, or
counseling; claims about the social worker or under cease offering
effectiveness of any the social worker's professional services;
(4) services. supervision.
kissing or fondling, or (4) keep
making any other (c) A social §781.208. Drug and client records for five
deliberate or repeated worker shall not Alcohol Use. A years for adult clients
comments, gestures, encourage, or within licensee shall not use and five years beyond
or physical acts of a the social worker's alcohol or drugs in the age of 18 for
sexual nature, even if power, allow a client ways that compromise minor clients;
they are not sexually to hold exaggerated the licensee's ability to
intimate; ideas about the practice social work; (5) provide a
effectiveness of the use illegal drugs of written explanation of
(5) social worker's any kind; or promote, the types of treatment
making a request to services. encourage, or concur and charges on a bill
date; in the illegal use, or statement to the
§781.207. Testing. distribution, sale, or client (this applies
(6) possession of alcohol even if the charges
exposing genitals, (a) A social or drugs. are to be paid by a
anus or breasts; or worker shall inform third party); and
clients about the §781.209. Client
(7) purposes and explicit Records and (6) comply
encouraging another uses of any testing Record Keeping. with the requirements
person to masturbate done as part of a Following applicable of Texas Health and
in the licensee's professional statutes, the licensee Safety Code,
presence; or the relationship. shall: Chapters 161 and
licensee masturbating 611; Texas Family
in front of another (b) A social (1) keep Code, Chapter 261;
person. worker shall not accurate and legible and other applicable
appropriate, records of the dates of state law concerning
§781.206. reproduce, or modify services, types of confidentiality of
Professional published tests or services, progress or protected health
Representation. parts thereof without case notes, intake information and the
assessment,
release of mental Practices Act, Texas provisions of the the information; the
health records. Health and Safety Texas Health and individual or entity to
Code, Chapter 164, Safety Code, Chapter which the information
§781.210. Billing shall not be 181, Texas Health and is released; the length
and Financial considered as a Safety Code, Chapter of time the release is
Relationships. violation of state law 611, and other state authorized; the
relating to illegal or federal statutes or signature of the client
(a) In remuneration. rules, including rules or guardian
accordance with the of evidence, where representative; and
provisions of the Act, (c) A licensee such statutes or rules date of signature.
§505.451, a licensee shall not knowingly or apply to a licensee's
is subject to flagrantly overcharge practice. (e) The
disciplinary action if a client, and shall bill social worker shall
the licensee directly or clients and/or third (b) A maintain the written
indirectly, overtly or parties for only those licensee shall not release of information
covertly, in cash or in services that the disclose any in the permanent
kind, offers to pay or licensee actually communication, client record and shall
agrees to accept renders. record, or client review and update it
remuneration to or identity except as at least every twelve
from any person or (d) Billing provided in the Texas months.
entity for securing or documents shall Health and Safety
soliciting a client or accurately reflect any Code, the Health (f) A licensee
patronage. Payment collateral service the Insurance Portability shall report
of credentialing or licensee uses to help and Accountability Act information if required
other fees to serve the client. (HIPAA), and/or other by any of the following
insurance companies applicable state or statutes:
or other third party (e) A federal statutes or
payers to be part of licensee may not rules. (1)
an approved provider submit to a client Texas Family Code,
list shall not be and/or a third party (c) A licensee Chapter 261,
considered as a payer a bill for shall comply with concerning abuse or
violation of this services that the Texas Health and neglect of minors;
chapter. licensee knows were Safety Code, Chapter
not provided, with the 611, concerning (2)
(b) A exception of a missed access to mental Texas Human
licensee employed or appointment, or health records. Resources Code,
under contract with a knows were improper, Chapter 48,
chemical dependency unreasonable or (d) To concerning abuse,
facility or a mental unnecessary. release information for neglect, or
health facility, shall or about clients, a exploitation of elderly
comply with the §781.211. Client licensee shall have or disabled persons;
requirements in the Confidentiality. written permission
Texas Health and signed by the client or (3)
Safety Code, (a) the client guardian. Texas Health and
§164.006, relating to Communication That permission, Safety Code,
soliciting and between a licensee which must be dated, §161.131 et seq.,
contracting with and client, as well as shall include the concerning abuse,
certain referral the client's records, client's name and neglect, and illegal,
sources. Compliance however created or identifying unprofessional, or
with the Treatment stored, are information; the unethical conduct in
Facilities Marketing confidential under the purpose for releasing an in-patient mental
health facility, a violations of this §781.213. business; or a bill for
chemical dependency chapter to the board. Corporations and services.
treatment facility or a Business Names.
hospital providing (c) The (b) The
comprehensive licensee shall report (a) An board shall make
medical rehabilitation any and all name independent clinical consumer information
services; and changes, address practice or an available to the public
changes, or independent non- on the board's website
(4) employment setting clinical practice by a or upon request.
Texas Civil Practice changes to the board social worker may be
and Remedies Code, within 30 days. incorporated in §781.215. Display
§81.006, concerning accordance with the of License
sexual exploitation by (d) The Professional Certificate.
a mental health board is not Corporation Act, or
services provider. responsible for any other applicable law. (a) A social
lost or misdirected worker shall display
(g) A mail if sent to the (b) When a an original board-
licensee may take address last reported licensee uses an issued license
reasonable action to by the licensee. assumed name in any certificate in a
inform only medical or social work practice, prominent place at
law enforcement (e) The the social worker's each practice location.
personnel if the board may ask any name must be listed
professional applicant for licensure in conjunction with the (b) A social
determines that a as a social worker, assumed name. An worker shall not alter
client or others are at whose file contains assumed name or a board-issued
imminent risk of negative references of credential that the license certificate.
physical injury, or a good moral character, social worker uses
client is in immediate to come before the shall not be false, (c) A social
risk of mental or board for an interview deceptive, or worker shall not
emotional injury, in before the licensure misleading. display a board-
accordance with the process may proceed. issued license
Texas Health and §781.214. certificate which has
Safety Code, Chapter (f) The board Consumer been reproduced or is
611, concerning may consider a social Information. expired, suspended,
mental health records. worker's failure to or revoked.
respond to the board's (a) A
§781.212. request for licensee shall inform (d) A
Licensees and the information or other each client of the licensee who elects to
Board. correspondence as board's name, copy a board-issued
unprofessional address, and license certificate or
(a) Any conduct and as telephone number for certificate card takes
person licensed as a indicative of lack of reporting violations of full responsibility for
social worker is bound fitness for practice. It the Act or this chapter the use or misuse of
by the provisions of is grounds for on one of the the reproduced
the Act and this disciplinary following: each license.
chapter. proceedings in registration form; each
accordance with this application; each §781.216.
(b) A social chapter. written contract for Advertising and
worker shall report services; a sign Announcements.
alleged prominently displayed
misrepresentations or in each place of
 (a) Social (c) When treatment provider
workers' (d) A social conducting and and who acts in
advertisements and worker shall not reporting research, a conformance with the
announcements shall announce or advertise social worker must rules, policies, and
not contain deceptive, any information or recognize previous procedures of the
inaccurate, reference to the social work on the topic, as council is not subject
incomplete, out-of- worker's certification well as observe all to any administrative
date, or out-of-context in a field outside of copyright laws. sanction by the board.
information about social work that is If the Council on Sex
services or deliberately intended (d) A social Offender Treatment
competence. to mislead the public. worker must give due takes disciplinary
Advertising includes, credit through joint action against a social
but is not limited to, (e) A authorship, worker who is a sex
any announcement of licensee who retains acknowledgment, offender treatment
services, letterhead, or hires others to footnote statements, provider, the board
business cards, advertise or promote Internet sources, or may consider the final
commercial products, the licensee's practice other appropriate order imposing such
website entries, email, remains responsible means to those who disciplinary action as
cell phone for the statements and have contributed grounds for
communications, representations made. significantly to the disciplinary action by
social media social worker's the board.
communications, and §781.217. Research research or
billing statements. and Publications. publication. §781.220. Parent
Coordination.
(b) The (a) In §781.218. Providing
board imposes no research with a Social Studies. (a) In
restrictions on the human subject, a Licensees shall accordance with the
advertising medium a social worker is comply with the Texas Family Code,
social worker uses, responsible for the Family Code, Chapter §153.601(3),
including personal subject's welfare 107, and other "parenting
appearances, use of throughout a project, applicable laws when coordinator" means
personal voice, size or shall obtain informed providing social an impartial third
duration of the consent and take studies. party:
advertisement or use reasonable
of a trade name. precautions so that §781.219. Licensed (1)
the subject shall suffer Sex Offender who, regardless of the
(c) All no injurious Treatment. A social title by which the
advertisements or emotional, physical or worker who is person is designated
announcements of a social effect. licensed as a sex by the court, performs
licensee's offender treatment any function
professional services, (b) A social provider by the described in the
including website worker shall disguise Council on Sex Family Code,
pages, social media data obtained from a Offender Treatment is §153.606, in a suit;
communications, or professional not subject to and
telephone directory relationship for the disciplinary action by
listings, shall clearly purposes of education the board in relation to (2)
state the social or research to ensure the social worker's who:
worker's licensure full protection of the provision of sex
designation and any identity of the subject offender treatment. A (
specialty recognition, client. social worker who is a A) is appointed under
if any. sex offender Family Code, Chapter
153, Subchapter K (d) Records (b) In as parenting
(relating to Parenting of a licensee serving accordance with the facilitators shall
Plan, Parenting as a parenting Family Code, comply with all
Coordinator, and coordinator are §153.601(3-a), a applicable
Parenting Facilitator) confidential under the "parenting facilitator" requirements of the
by the court on its Civil Practices and means an impartial Family Code, Chapter
own motion, or on a Remedies Code, third party: 153, and this section.
motion or agreement §154.073. Licensees Licensees shall also
of the parties, to serving as a (1) comply with all
assist parties in confidential parenting who, regardless of the requirements of this
resolving parenting coordinator shall title by which the chapter unless a
issues through comply with the Civil person is designated provision is clearly
confidential Practices and by the court, performs inconsistent with the
procedures; and Remedies Code, any function Family Code, Chapter
Chapter 154, relating described by the 153, or this section.
( to the release of Family Code,
B) is not appointed information. §153.6061, in a suit; (d) In
under another statute and accordance with the
or a rule of civil (e) A Family Code,
procedure. licensee shall not (2) §153.6102(e), a
provide social work who: licensee serving as a
(b) A services to any parenting facilitator
licensee who serves person while ( shall not provide other
as a parenting simultaneously A) is appointed under social work services
coordinator is not providing parenting Family Code, Chapter to any person while
acting under the coordination services. 153, Subchapter K simultaneously
authority of a license This section shall not (relating to Parenting providing parenting
issued by the board, apply if the court Plan, Parenting facilitation services.
and is not engaged in enters a finding that Coordinator, and This section shall not
the practice of social mental health services Parenting Facilitator) apply if the court
work. The services are not readily by the court on its enters a finding that
provided by the available in the own motion, or on a mental health services
licensee who serves location where the motion or agreement are not readily
as a parenting parties reside. of the parties, to available in the
coordinator are not assist parties in location where the
within the jurisdiction §781.221. Parenting resolving parenting parties reside.
of the board, but Facilitation. issues through
rather the jurisdiction procedures that are (e) A
of the appointing (a) In not confidential; and licensee serving as a
court. accordance with parenting facilitator
House Bill 1012, 81st ( utilizes child-focused
(c) A licensee Legislature, Regular B) is not appointed alternative dispute
who serves as a Session, 2009, and under another statute resolution processes,
parenting coordinator Family Code, Chapter or a rule of civil assists parents in
has a duty to provide 153, this section procedure. implementing their
the information in establishes the parenting plan by
subsection (b) of this practice standards for (c) facilitating the
section to the parties licensees who desire Notwithstanding any resolution of disputes
to the suit. to serve as parenting other provision of this in a timely manner,
facilitators. chapter, licensees educates parents
who desire to serve about children's
needs, and engages
in other activities as
referenced in the
Family Code, Chapter
153.
(f) A licensee
serving as a parenting
facilitator shall assist
the parties involved in
reducing harmful
conflict and in
promoting the best
interests of the
children.
(g) A behavior on children,
licensee serving as a
parenting facilitator
functions in four
primary areas in
providing services.
(1)
Conflict management
function. The primary
role of the parenting
facilitator is to assist
the parties to work out
disagreements
regarding the children
to minimize conflict.
To assist the parents
in reducing conflict,
the parenting
facilitator may monitor
the electronic or
written exchanges of
parent
communications and
suggest productive
forms of
communication that
limit conflict between
the parents.
(2)
Assessment function.
A parenting facilitator
shall review
applicable court
orders, including any, and take
protective orders, reasonable measures (m) A
social studies, and to ensure the safety of licensee serving as a
other relevant records the participants, the parenting facilitator
to analyze the children and the shall not initiate
impasses and issues parenting facilitator, providing services
as brought forth by while understanding until the licensee has
the parties. that even with received and
appropriate reviewed the fully
(3) precautions a executed and filed
Educational function. guarantee that no court order or the
A parenting facilitator harm will occur can be signed agreement of
shall educate the neither stated nor the parties.
parties about child implied.
development, divorce, (n) A
the impact of parental (i) In order to licensee serving as a
protect the parties and parenting facilitator
parenting skills, and children in domestic shall maintain
communication and violence cases impartiality in the
conflict resolution involving power, process of parenting
skills. control and coercion, facilitation. Impartiality
a parenting facilitator means freedom from
(4) shall tailor the favoritism or bias in
Coordination/case techniques used so as word, action, or
management function. to avoid offering the appearance, and
A parenting facilitator opportunity for further includes a
shall work with the coercion. commitment to assist
professionals and all parties, as
systems involved with (j) A licensee opposed to any one
the family (for serving as a parenting individual.
example, mental facilitator shall be alert
health, health care, to the reasonable (o) A
social services, suspicion of licensee serving as a
education, or legal) as substance abuse by parenting facilitator:
well as with extended parents or children, as
family, stepparents, well as mental health (1)
and significant others impairment of a shall terminate or
as necessary. parent or child. withdraw services if
the licensee
(h) A (k) A licensee determines the
licensee serving as a serving as a parenting licensee cannot act in
parenting facilitator facilitator shall not an impartial or
shall be alert to the provide legal advice. objective manner;
reasonable suspicion
of acts of domestic (l) A licensee (2)
violence directed at a serving as a parenting shall not give or
parent, a current facilitator shall serve accept a gift, favor,
partner, or children. by written agreement loan or other item of
The parenting of the parties and/or value from any party
facilitator shall adhere formal order of the having an interest in
to protection orders, if court.
the parenting parenting facilitator
facilitation process; should attempt to
bring about resolution
(3) of issues by
shall not coerce or agreement of the
improperly influence parties; however, the
any party to make a parenting facilitator is
decision; not acting in a formal
mediation role. An
(4) effort towards
shall not intentionally resolving an issue,
or knowingly which may include
misrepresent or omit therapeutic,
any material fact, law, mediation, education,
or circumstance in the and negotiation skills,
parenting facilitator does not disqualify a
process; and licensee from making
recommendations
(5) regarding any issue
shall not accept any that remains
engagement, provide unresolved after
any service, or efforts of facilitation.
perform any act
outside the role of (r) A licensee
parenting facilitation serving as a parenting
that would facilitator shall
compromise the communicate with all
facilitator's integrity or parties, attorneys,
impartiality in the children, and the court
parenting facilitation in a manner which
process. preserves the integrity
of the parenting
(p) A facilitation process
licensee serving as a and considers the
parenting facilitator safety of the parents
may make referrals to and children.
other professionals to
work with the family, (s) A licensee
but shall avoid actual serving as a parenting
or apparent conflicts facilitator:
of interest by referrals.
No commissions, (1)
rebates, or similar may meet individually
remuneration shall be or jointly with the
given or received by a parties, as deemed
licensee for parenting appropriate by the
facilitation or other parenting facilitator,
professional referrals. and may interview the
children;
(q) A outside the parenting
licensee serving as a
(2) except for
may interview any professional
individuals who purposes, as provided
provide services to by court order, by
the children to assess written agreement of
the children's needs the parties, or as
and wishes; and directed by the board.
(3) (v) In the
may communicate initial session with
with the parties each party, a licensee
through face-to-face serving as a parenting
meetings or electronic facilitator shall review
communication. the nature of the
parenting facilitator's
(t) A licensee role with the parents
serving as a parenting to ensure that they
facilitator shall, prior understand the
to the beginning of the parenting facilitation
parenting facilitation process.
process and in writing,
inform the parties of: (w) A
licensee serving as a
(1) parenting facilitator:
the limitations on
confidentiality in the (1)
parenting facilitation shall comply with all
process; and mandatory reporting
requirements,
(2) including but not
the basis of fees and limited to Family
costs and the method Code, Chapter 261,
of payment, including concerning abuse or
any fees associated neglect of minors;
with postponement,
cancellation and/or (2)
nonappearance, and shall report to law
the parties' pro rata enforcement or other
share of the fees and authorities if they
costs as determined have reason to
by the court order or believe that any
written agreement of participant appears to
the parties. be at serious risk to
harm themselves or a
(u) third party;
Information obtained
during the parenting (3)
facilitation process shall maintain records
shall not be shared necessary to support
charges for services
facilitation process and expenses, and
shall make a detailed (y) Records (cc) Services organization approved
accounting of those of a licensee serving and activities for by the court;
charges to the parties as a parenting which a licensee
and their counsel, if facilitator shall be serving as a parenting (3)
requested to do so; released on the facilitator may charge 24 classroom hours of
request of either include time spent training in the fields of
(4) parent, as directed by interviewing parents, family dynamics, child
shall maintain notes the court, or as children and collateral development, family
regarding all directed by the board. sources of law; and
communications with information;
the parties, the (z) Charges preparation of (4)
children, and other for parenting agreements, 16 hours of training in
persons with whom facilitation services correspondence, and the laws and board
they speak about the shall be based upon reports; review of rules governing
case; and the actual time records and parenting coordination
expended by the correspondence; and facilitation, and
(5) parenting facilitator, or telephone and the multiple styles and
shall maintain records as directed by the electronic procedures used in
in a manner that is written agreement of communication; different models of
professional, legible, the parties, and/or travel; court service.
comprehensive, and formal order of the preparation; and
inclusive of court. appearances at (ee) A
information and hearings, depositions licensee serving as a
documents that relate (aa) All fees and meetings. parenting facilitator:
to the parenting and costs shall be
facilitation process appropriately divided (dd) The (1)
and that support any between the parties minimum training for a shall complete
recommendations as directed by the licensee serving as a minimum training as
made by the licensee. court order of parenting facilitator required by the Family
appointment and/or as that is required by the Code, §153.6101, as
(x) Records noted in the parenting Family Code, determined by the
of a licensee serving facilitators' written fee §153.6101(b), and is appointing court;
as a parenting disclosure to the determined by the
facilitator are not parties. court is: (2)
mental health records shall have extensive
and are not subject to (bb) Fees (1) practical experience
the disclosure may be eight hours of family with high conflict or
requirements of disproportionately violence dynamics litigating parents;
Health and Safety divided fees if one training provided by a
Code, Chapter 611. At parent is family violence (3)
a minimum, records disproportionately service provider; shall complete and
shall be maintained creating a need for document upon
for the period of time services and if such a (2) request advanced
described in division is outlined in 40 classroom hours of training in family
§781.209(4) of this the court order of training in dispute dynamics, child
title (relating to Client appointment and/or as resolution techniques maltreatment, co-
Records and Record noted in the parenting in a course conducted parenting, and high
Keeping), or as facilitators' written fee by an alternative conflict separation
otherwise directed by disclosure to the dispute resolution and divorce; and
the court. parties. system or other
dispute resolution
 (4) (2)
shall regularly SUBCHAPTER C. The board office may
complete continuing THE BOARD. determine the petition
education related to does not contain
co-parenting issues, §781.301. Board existing information
high-conflict families Rules. described in this
and the parenting subsection and shall
coordination and (a) This return the petition to
facilitation process. subsection outlines the petitioner.
the board's
(ff) A licensee procedures for (3)
serving as a parenting submitting, Except as otherwise
facilitator shall decline considering, and provided in this
an appointment, disposing of a petition subsection, the
withdraw, or request to the board to adopt executive director
appropriate or change a rule. shall submit a
assistance when the completed petition to
facts and (1) the board for
circumstances of the Any person may consideration.
case are beyond the petition the board to
licensee's skill or adopt or change a (4)
expertise. rule. The petition, At the first full board
which must be in meeting after
(gg) Since writing and shall be receiving the petition,
parenting facilitation filed with the board the board shall either
services are office, shall state the deny the petition or
addressed under petitioner's name, institute rulemaking
multiple titles in address, and phone procedures in
different jurisdictions number, and shall accordance with the
nationally, include a brief APA, the Government
acceptability of justification and Code, Chapter 2001.
training to meet the explanation of the If the board denies the
requirements of proposed rule; the petition, the board will
subsection (bb) of this proposed text of the explain to the
section is based on rule, indicating the petitioner, in writing,
functional skills taught words to be added or why the board denied.
during the training deleted from the If the board initiates
rather than the use of current text; the rulemaking
specific titles or statutory or other procedures, the board
names. authority under which may alter the wording
the rule is to be of the rule from the
promulgated; and the petitioner's version.
public benefit that
adopting the proposed (b) The
rule would create, or board will consider
the anticipated injury and act on all petitions
or inequality which for rule adoption or
would result if the changes in
proposed rule is not accordance with this
adopted. section. If the board
considered and acted
on a proposed rule issues not on the business is five
change within the agenda. members.
previous six months,
the board may decline (e) (b) The
to consider a Interpreters and other board shall not be
subsequent petition reasonable bound by any board
for the same rule accommodations member's or staff
adoption. necessary to facilitate member's statement
public participation will or action except when
be made available as such statement or
requested. The action results from the
§781.302. Board executive director board's specific
Meetings. must receive notice instructions.
that reasonable
(a) The accommodations will (c) Robert's
board shall hold at be needed at least 10 Rules of Order
least one meeting days in advance of Revised shall be the
each year and the board or basis of parliamentary
additional meetings as committee meeting. decisions except as
necessary. otherwise provided in
§781.303. Board this chapter.
(b) The Training. A person
chairperson may call who is appointed to
a meeting after and qualifies for office
consultation with as a member of the
board members or by board may not vote,
a majority of members deliberate, or be
so voting at a counted as a member
meeting. in attendance at a
meeting of the board
(c) Meetings until the person
shall be announced completes a training
and conducted under program that meets
the provisions of the the requirements
Texas Open Meetings established in the Act.
Act, Government
Code, Chapter 551. §781.304.
Transaction of
(d) The Official Board
chairperson may Business.
invite comments or
statements from non- (a) The
board members on all board may transact
agenda items, but official business only
may limit the time when in a legally
allotted to each constituted meeting
individual. The board with a quorum
may not act on present. A quorum of
comments or the board necessary
statements related to to conduct official
 meeting are official regarding board
§781.305. Board only when affixed with activities to make the (d)
Agendas. the original signature board more effective Committee chairs
of the chairperson. and responsive. shall make regular
(a) The reports to the board in
executive director is (b) Drafts of (b) The vice- interim written reports
responsible for the meeting minutes chair shall perform the or at regular
preparing and shall be forwarded to duties of the chair in meetings.
submitting an agenda each board member case the chair is
to board members for review and absent or disabled. If (e)
prior to each meeting; comments or the office of chair Committees shall
the agenda is subject corrections prior to the becomes vacant, the meet when called by
to the chair's board's approval. vice-chair shall serve the committee chair or
approval. The agenda until a successor is when so directed by
shall include items (c) The appointed. the board or the board
requested by board official board meeting chair.
members, items minutes shall be §781.309.
required by law, items posted on the Committees of the (f) Each
previously tabled, and publicly-accessible Board. committee shall
other matters of board board website. consist of least one
business. (a) The public member and
§781.307. board and/or the one professional
(b) Any Elections. board chair may member, unless the
individual, including a establish board board authorizes
board member, may (a) At the first committees, advisory otherwise. At least
request an agenda meeting following the committees and task one public member of
item by submitting the last day of January of forces. the board shall be
written request and each year, the board appointed to any
supporting shall elect a vice- (b) The board committee
documentation at chair. board chair shall established to review
least 30 days before appoint members of a complaint filed with
the scheduled (b) A the board to serve on the board or review an
meeting. The board or vacancy which occurs board committees and enforcement action
committee chair and in the office of vice- shall appoint the against a license
legal counsel must chair may be filled at board committee holder related to a
approve any item any meeting. chairs. The board complaint filed with
before it is placed on chair shall assign the board.
the agenda. §781.308. Officers board members
of the Board. and/or the executive §781.310.
(c) The director to serve on Executive Director.
official board meeting (a) The chair, advisory committees
agenda shall be filed who is appointed by and task forces. The (a) The
with the Texas the governor, shall board chair may invite executive director,
Secretary of State as preside at all others to serve on who serves at the will
required by law. meetings which he or advisory committees of the board, is a
she attends. The chair and task forces. department employee
§781.306. Board performs all duties who administers
Minutes. prescribed by law or (c) Only board activities, such
this chapter and is members of the board as keeping board
(a) The authorized to make may be appointed to meeting minutes and
minutes of a board day-to-day decisions board committees. proceedings and
serving as custodian committee or the full race, color, religion, license granted and
of the board files and board. national origin, license number. The
records. disability, sexual license certificate will
§781.311. Official orientation, or political include any specialty
(b) The Records of the affiliation. recognition or
executive director Board. supervisory status
shall exercise general (b) Any granted by the board
supervision over (a) Public board member who to the licensee. The
persons employed in records may be cannot be impartial in board shall have a
the administration of reviewed by determining an method to indicate the
the Act. The executive inspection or applicant's eligibility expiration date of a
director may delegate duplication, or both, in for licensure or in a new license and a
responsibilities to accordance with the disciplinary action license which has
other staff members Texas Public against a licensee been renewed.
when appropriate. Information Act, shall so declare this to
Government Code, the board and shall (b) The
(c) The Chapter 552. not participate in any license shall display
executive director Confidential records board proceedings the chairperson's
shall be responsible are not available. involving that signature and the seal
for the investigation applicant or licensee. of the State of Texas.
and presentation of (b) The
complaints. requester shall pay §781.313. (c)
the customary Applicants with Temporary license
(d) The department charge for Disabilities. certificates shall
executive director duplicating costs include an expiration
manages board before or at the time (a) The date. A temporary
correspondence and the duplicated records board shall comply license expires on the
obtains, prepares, and are transferred to the with applicable expiration date, the
assembles reports requester. provisions of the date that the first
and information as Americans with licensing examination
directed by the board, (c) The Disabilities Act. is failed, or, if the first
or as authorized by procedural rules licensing examination
the department or contained in the Texas (b) is passed, the date
other agency with Public Information Act Applicants with that the board issues
appropriate statutory for inspecting and disabilities shall a regular license
authority. duplicating public inform the board in certificate, whichever
records apply to advance of any is first.
(e) The requests the board reasonable
executive director is receives. accommodations (d)
responsible for needed. Provisional license
assembling and §781.312. certificates shall
evaluating materials Impartiality and §781.314. The include an expiration
that applicants submit Non-discrimination. License. date. A provisional
for licensure and license expires on the
renewal. The (a) The (a) The expiration date or the
executive director's board shall make all board shall prepare date that the board
determinations are decisions in the and provide to each issues a regular
subject to the discharge of its licensee a license license certificate,
approval of the statutory authority certificate, which whichever is first.
appropriate board without regard to any contains the
person's age, gender, licensee's name,
 (e) All LCSW--$100 renewal fee--$30 (20)
licenses issued by the biennially; biennially; Temporary license
board remain the fee--$30; and
property of the board (6) (11)
and must be additional license fee returned check fee-- (21)
surrendered to the for AP or Independent $25; Criminal history
board on demand. Practice specialty evaluation letter fee--
The board maintains recognition--$20 (12) $50.
jurisdiction over a biennially; written license
licensee until the verification fee--$10 (b) Fees paid
license is returned to (7) per verification copy; to the board by
the board. additional or applicants are not
replacement license (13) refundable except in
§781.315. Roster of fee--$10; specialty license accordance with
Licensees. The verification fee--$10 §781.405 of this title
board, on its website, (8) per verification copy; (relating to Application
will make available to fee for late renewal: for Licensure).
the general public a (14)
roster of licensees at ( continuing education (c) A license
its discretion. A) 1 - 90 days-- provider application which is issued by the
renewal fee plus fee fee--$50 annually; board, but for which a
§781.316. Fees. equal to one-fourth of check is returned (for
the renewal fee for an (15) example, insufficient
(a) The unexpired license delinquent child funds, account closed,
following are the (LMSW or LBSW fee - support administrative or payment stopped)
board's fees: $20; LCSW, LBSW- fee--$35; is invalid. A license
IPR, LMSW-IPR, or will be considered
(1) LMSW-AP fee - $25); (16) expired and the
application fee for all or legislatively mandated licensee in violation of
licenses, approved fees for the Office of board rules until the
supervisory status, or ( Patient Protection; board receives and
specialty recognition-- B) 91 days, but less processes the
$20; than one year-- (17) renewal fee and
renewal fee plus fee legislatively mandated returned check fee.
(2) equal to one-half of fees related to
license fee for LBSW, the renewal fee for an administering §781.317. Criminal
or LMSW--$60 unexpired license www.texas.gov; History Evaluation
biennially; (LMSW or LBSW fee - Letter.
$40; LCSW, LBSW- (18)
(3) IPR, LMSW-IPR, or board approved (a) In
renewal fee for LBSW, LMSW-AP fee - $50); supervisor fee--$50 accordance with
or LMSW--$80 biennially; Texas Occupations
biennially; (9) Code, §53.102, a
conversion fee (19) person may request
(4) covering active to AMEC participant the department to
license fee for inactive status, or administrative fee-- issue a criminal
LCSW--$100 inactive to active Fee equal to the history evaluation
biennially; status--$30; current contract letter regarding the
examination fee; person's eligibility for
(5) (10) a license if the
renewal fee for inactive status person:
 person applying for a reasonably available licensing
(1) license. to the department at requirements.
is enrolled or planning the time the letter is
to enroll in an (d) If the issued, the (1)
educational program department department's ruling on Licensed Clinical
that prepares a determines that a the request Social Worker
person for an initial ground for ineligibility determines the (LCSW).
license or is planning does not exist, the requestor's eligibility
to take an department shall with respect to the (
examination for an notify the requestor in grounds for potential A) Has been
initial license; and writing of the ineligibility set out in conferred a master's
determination. The the letter. degree in social work
(2) notice shall be issued from a CSWE-
has reason to believe not later than the 90th SUBCHAPTER D. accredited social work
that the person is day after the date the LICENSES AND program, or a doctoral
ineligible for the department received LICENSING degree in social work
license due to a the request form, the PROCESS. from an accredited
conviction or deferred criminal history institution of higher
adjudication for a evaluation letter fee, §781.401. learning acceptable to
felony or and any supporting Qualifications for the board, and has
misdemeanor offense. documentation as Licensure. documentation in the
described in the form of a university
(b) A person request form. (a) transcript of
making a request for Licensure. The successfully
issuance of a criminal (e) If the following education completing a field
history evaluation department and experience is placement in social
letter shall submit the determines that the required for licensure work.
request on a form requestor is ineligible as designated. If an
prescribed by the for a license, the applicant for a license (
department, department shall has held a B) Has had 3000
accompanied by the issue a letter setting substantially hours of board-
criminal history out each basis for equivalent license in approved supervised
evaluation letter fee potential ineligibility good standing in professional clinical
and the required and the department's another jurisdiction for experience over a
supporting determination as to at least five years period of 24 to 48
documentation, as eligibility. The letter immediately months, or its
described on the form. shall be issued not preceding the date of equivalent if the
The request shall later than the 90th day application, the experience was
state the basis for the after the date the applicant will be completed in another
person's potential department received deemed to have met jurisdiction. Board-
ineligibility. the request form, the the experience approved supervised
criminal history requirement under professional
(c) The evaluation letter fee, this chapter. If the experience must
department has the and any supporting applicant has been comply with §781.404
same authority to documentation as licensed or certified in of this title (relating to
investigate a request described in the another jurisdiction for Recognition as a
submitted under this request form. In the fewer than five years Board-approved
subsection and the absence of new preceding the date of Supervisor and the
requestor's eligibility evidence known to, application, the Supervision Process)
that the department but not disclosed by, applicant must meet and all other
has to investigate a the requestor or not current Texas
applicable laws and program, or a doctoral worker must have the
rules. degree in social work ( supervision verified by
from an accredited A) Is currently the regulatory
( university acceptable licensed in the State authority in the other
C) Has had a to the board, and has of Texas or meets the jurisdiction. If such
minimum of 100 hours documentation in the current requirements verification is
of board-approved form of a university for licensure as an impossible, the social
supervision, over the transcript of LMSW. worker may request
course of the 3000 successfully that the board accept
hours of experience, completing a field ( alternate verification
with a board-approved placement in social B) While fully licensed of supervision.
supervisor. work. as a social worker,
Supervised has had 3000 hours of (
experience must have ( board-approved D) Has passed the
occurred within the B) Has passed the supervised Advanced Generalist
five calendar years Master's examination professional non- examination
immediately administered clinical social work administered
preceding the date of nationally by ASWB. experience over a nationally by the
LCSW application. If period of 24 to 48 ASWB.
the social worker (3) months, or its
completed supervision Licensed equivalent if the (2)
in another jurisdiction, Baccalaureate Social experience was Independent Non-
the social worker shall Worker (LBSW). completed in another clinical Practice.
have the supervision jurisdiction. Board-
verified by the ( approved supervised (
regulatory authority in A) Has been professional A) Is currently
the other jurisdiction. conferred a experience must licensed in the State
If such verification is baccalaureate degree comply with §781.404 of Texas as an LBSW
impossible, the social in social work from a of this title and all or LMSW.
worker may request CSWE accredited other applicable laws
that the board accept social work program. and rules. (
alternate verification B) While fully licensed
of supervision. ( ( as a social worker has
B) Has passed the C) Has had a had 3000 hours of
( Bachelors minimum of 100 hours board-approved
D) Has passed the examination of board-approved supervised full-time
Clinical examination administered supervision, over the social work
administered nationally by ASWB. course of the 3000 experience over a
nationally by ASWB. hours of experience, minimum two-year
(b) Specialty with a board-approved period, but within a
(2) Recognition. The supervisor. maximum four-year
Licensed Master following education Supervised period or its
Social Worker and experience is experience must have equivalent if the
(LMSW). required for specialty occurred within the experience was
recognitions. five calendar years completed in another
( immediately state. Board-approved
A) Has been (1) preceding the date of supervised
conferred a master's Licensed Master LCSW application. If professional
degree in social work Social Worker- supervision was experience must
from a CSWE- Advanced Practitioner completed in another comply with §781.404
accredited social work (LMSW-AP). jurisdiction, the social of this title and all
other applicable laws
and rules.
( Clinical Supervision
C) Has had a
minimum of 100 hours
of board-approved
supervision, over the
course of the 3000
hours of experience,
with a board-approved
supervisor.
Supervised
experience must have
occurred within the 5
calendar years
immediately
preceding the date of
application for IPR
specialty recognition.
If supervision was
completed in another
jurisdiction, the social
worker shall have the
supervision verified by
the regulatory
authority in the other
jurisdiction. If such
verification is
impossible, the social
worker may request
that the board accept
alternate verification.
(c)
Applicants for a
license must complete
the board's
jurisprudence
examination and
submit proof of
completion at the time
of application. The
jurisprudence
examination must
have been completed
no more than six
months prior to the
date of application.
§781.402. Clinical relevant
Supervision for documentation must
LCSW and Non- demonstrate that the
duties of the position
for LMSW-AP and are clinical as defined
Independent in this chapter;
Practice
Recognition. (3)
submit a separate
(a) A person supervision
who has obtained a verification form for
temporary license each location of
may not begin the practice to the board
supervision process for approval within 30
toward independent days of the end of
non-clinical practice or each supervisory plan
independent clinical with each supervisor.
practice until the If the supervisor does
regular license is not recommend that
issued. the supervisee is
eligible to examine for
(b) An LMSW LCSW, the supervisor
who plans to apply for must indicate such on
the LCSW must: the clinical
supervision
(1) verification form and
within 30 days of provide specific
initiating supervision, reasons for
submit to the board recommending
one clinical supervisee. The board
supervisory plan for may consider the
each location of supervisor's
practice for approval reservations as it
by the board or evaluates
executive supervision
director/designee; verification submitted
by the supervisee;
(2)
submit a current job (4)
description from the submit a new
agency in which the supervisory plan
social worker is within 30 days of
employed with a changing supervisors
verification of or practice location;
authenticity from the and
agency director or his
or her designee on (5)
agency letterhead. In submit an application
order for a plan to be for re-categorizing
approved, the position his/her licensure to
description or other
Licensed Clinical
Social Worker.
(c) An LMSW
who plans to apply for
the advanced
practitioner specialty
recognition must:
(1)
submit one non-
clinical supervisory
plan for each location
of practice to the
board for approval by
the board or executive
director/designee
within 30 days of
initiating supervision;
(2)
submit a current job
description from the
agency in which the
social worker is
employed with a
verification of
not authenticity from the
the agency director or his
or her designee on
agency letterhead. In
order for a plan to be
approved, the position
the description must
demonstrate that the
duties of the position
are social work;
(3)
submit a separate
supervision
verification form for
each practice location
to the board for
approval within 30
days of the end of
each supervisory plan
with each supervisor.
If the supervisor does
not recommend that
the supervisee is
eligible to examine for or executive may consider the which the licensee
advanced practice director/designee supervisor's intends to work, along
specialty recognition, within 30 days of reservations as it with a statement from
the supervisor must initiating supervision; evaluates the the potential
indicate such on the supervision supervisor that the
non-clinical (2) verification that the supervisor has
supervision submit a current job supervisee submits; reviewed the contract
verification form and description from the and and is qualified to
provide specific agency in which the supervise the licensee
reasons for not social worker is (4) in the setting;
recommending the employed with a submit a new
supervisee. The board verification of supervisory plan (3)
may consider the authenticity from the within 30 days of ensure that the
supervisor's agency director or his changing supervisors supervisor submits
reservations as it or her designee on or practice location. reports to the board
evaluates the agency letterhead or on a schedule
supervision submit a copy of the (e) A determined by the
verification that the contract or licensee who is board. In each report,
supervisee submits; appointment under required to be the supervisor must
which the LBSW or supervised as a address the
(4) LMSW intends to condition of initial supervisee's
submit a new work, along with a licensure, continued performance, how
supervisory plan statement from the licensure, or closely the supervisee
within 30 days of potential supervisor disciplinary action adheres to statutes
changing supervisors that the supervisor must: and rules, any special
or practice location; has reviewed the circumstances that led
and contract and is (1) to the imposition of
qualified to supervise submit one supervision, and
(5) the LBSW or LMSW supervisory plan for recommend whether
upon completing and in the setting; each practice location the supervisee should
submitting to the board for continue licensure. If
documentation of the (3) approval by the board the supervisor does
required non-clinical submit a separate or executive not recommend the
supervision, the supervision director/designee supervisee for
LMSW must apply for verification form for within 30 days of continued licensure,
the advanced each practice location initiating supervision; the supervisor must
practitioner specialty to the board within 30 provide specific
recognition. days of the end of (2) reasons for not
each supervisory plan submit a current job recommending the
(d) An LBSW with each supervisor. description from the supervisee. The board
or an LMSW who If the supervisor does agency in which the may consider the
plans to apply for the not recommend that social worker is supervisor's
Independent Practice the supervisee is employed with a reservations as it
Recognition must: eligible for verification of evaluates the
independent practice authenticity from the supervision
(1) recognition, the agency director or his verification the
submit one supervisor must or her designee on supervisee submits;
supervisory plan to provide specific agency letterhead or and
the board for each reasons for not submit a copy of the
location of practice for recommending the contract or (4)
approval by the board supervisee. The board appointment under notify the board
immediately if there is independent non- relationship, in which work. A contractor, for
a disruption in the clinical practice the employer has the instance, may invest
supervisory recognition shall be right to control the in renting an office or
relationship or change an LBSW recognized "means and details" buying equipment,
in practice location for independent non- by which services are while the employee
and submit a new clinical practice; an performed. does not. While
supervisory plan LMSW recognized for employees are usually
within 30 days of the independent non- (1) reimbursed for job-
break or change in clinical practice; an Behavioral control. related expenses, the
practice location. LMSW-AP; or an The employer can contractor may or may
LCSW. The control the employee's not be reimbursed,
(f) An LBSW supervisor shall be behavior by giving but lack of
or an LMSW who has board-approved. instructions about how reimbursement
been approved for a the work gets done usually signals that a
probationary license (c) An rather than simply worker is
under supervision individual supervising looking at the end independent. An
while participating in an LMSW for the products of work. The independent
the AMEC program independent non- more detailed the contractor often
must follow the clinical practice instructions, the more makes his or her
application and recognition shall be control the employer services available to
supervision board-approved and exercises. An other potential clients,
requirements in shall be an LMSW employer requiring while an employee
§781.413 of this title recognized for that employees be does not.
(relating to Alternate independent non- trained for the job is
Method of Examining clinical practice, an also an example of (3)
Competency (AMEC) LMSW-AP, or an behavioral control, Relationship of the
Program). LCSW. though contractors parties. The intent of
may also go through the relationship is
§781.403. (d) A person training. significant. The
Independent who has obtained only relationship is usually
Practice the temporary license (2) outlined in the written
Recognition (Non- may not begin Financial control. The contract and gives
Clinical). supervision until the employer determines one party more
board issues a regular the amount and control than the other.
(a) An LBSW license. regularity of payments If a company gives a
or LMSW who seeks to employees. A worker employee
to obtain board (e) The contractor is typically benefits, the worker is
approval for the board may use the paid when he/she an employee. The
specialty recognition Internal Revenue completes the work, ability to terminate the
of independent non- Service (IRS) and the contractor relationship is another
clinical practice shall guidelines developed usually sets a evidence of control in
meet requirements in 1996 to timeframe for the relationship. If the
and parameters set by demonstrate whether completing the work. employer-employee
the board in §781.401 a professional is an The most important relationship appears
of this title (relating to independent element of financial to be permanent, it
Qualifications for contractor or an control is that a denotes an employee,
Licensure). employee. These contractor has more not contractor,
guidelines revolve freedom to make relationship. If a
(b) An around the control an business decisions worker performs
individual supervising employer has in an that affect the activities that are a
an LBSW for employer-employee profitability of his/her key aspect of the
company's regular or volunteer that is not (4) as a condition of new
business, that related to qualification non-clinical or continued
denotes an employee for licensure, practice supervision of a licensure.
status. specialty recognition, Licensed Master
a disciplinary order, or Social Worker or (b) A person
(f) An LBSW a condition of new or Licensed who wishes to be a
or LMSW who plans continued licensure; Baccalaureate Social board-approved
to apply for the Worker who is supervisor must file
specialty recognition (2) providing non-clinical an application and
of non-clinical clinical supervision of social work service pay the applicable
independent practice a Licensed Master toward qualifications fee.
shall follow Social Worker in a for independent non-
procedures set out in setting in which the clinical practice (1)
§781.402 of this title LMSW is providing recognition; this A board-approved
(relating to Clinical clinical services; the supervision is supervisor must be
Supervision for LCSW supervision may be delivered by a board- licensed in good
and Non-Clinical provided by a approved supervisor; standing by the board
Supervision for Licensed Professional as an LBSW, an
LMSW-AP and Counselor, Licensed (5) LMSW, an LCSW, or
Independent Practice Psychologist, non-clinical be recognized as an
Recognition). Licensed Marriage supervision of a Advanced Practitioner
and Family Therapist, Licensed Master (LMSW-AP), or hold
(g) An LBSW Licensed Clinical Social Worker who is the equivalent social
or LMSW may Social Worker or providing non-clinical work license in
practice Psychiatrist. This social work service another jurisdiction.
independently when supervision is not toward qualifications The person applying
the LMSW or LBSW related to qualification for the LMSW-AP; this for board-approved
holds the independent for licensure, practice supervision is status must have
practice specialty specialty recognition, delivered by a board- practiced at his/her
recognition, or when a disciplinary order, or approved supervisor; category of licensure
under a supervision a condition of new or for two years. The
plan for independent continued licensure; (6) board-approved
practice that has been supervision of a supervisor shall
approved by the (3) probationary Licensed supervise only those
board. clinical supervision of Master Social Worker supervisees who
a Licensed Master or Licensed provide services that
§781.404. Social Worker, who is Baccalaureate Social fall within the
Recognition as a providing clinical Worker providing non- supervisor's own
Board-approved services and is under clinical services by a competency.
Supervisor and the a board-approved board-approved
Supervision supervision plan to supervisor toward (2)
Process. fulfill supervision licensure under the The board-approved
requirements for AMEC program; or supervisor is
(a) Types of achieving the LCSW; responsible for the
supervision include: a Licensed Clinical (7) social work services
Social Worker who is board-ordered provided within the
(1) a board-approved supervision of a supervisory plan.
administrative or supervisor delivers licensee by a board-
work-related this supervision; approved supervisor (3)
supervision of an pursuant to a The board-approved
employee, contractor disciplinary order or supervisor must have
completed a Practitioner specialty LBSW or LMSW
supervisor's training recognition, non- under probationary (8)
program acceptable to clinical experience initial or continued On receiving the
the board. toward the licensure; an LBSW or licensee's application
Independent Practice LMSW (non-clinical) to be a board-
(4) Recognition (non- under board-ordered approved supervisor,
The board-approved clinical), a licensee probated suspension; as well as fee and
supervisor must under probationary and a probationary verification of
complete three hours initial or continued license holder under qualifications, the
of continuing licensure, board- the AMEC program; board will issue a
education every ordered probated however, an LMSW letter notifying the
biennium in suspension, and who does not hold the licensee that the
supervision theory, probationary license independent practice licensee is a board-
skills, strategies, holders under the recognition may only approved supervisor.
and/or evaluation. AMEC program. supervise
probationary license (9)
(5) ( holders under the The approved
The board-approved B) An LMSW-AP may AMEC program in an supervisor must
supervisor must supervise non-clinical employment setting. renew the approved
designate at each experience toward the supervisor status in
license renewal that Advanced Practitioner ( conjunction with the
he/she wishes to specialty recognition; D) An LBSW with the biennial license
continue board- non-clinical non-clinical renewal. The
approved supervisor experience toward the Independent Practice approved supervisor
status. non-clinical Recognition who is a may surrender
Independent Practice board-approved supervisory status by
(6) Recognition; a supervisor may documenting the
The board-approved licensee under supervise: an LBSW's choice on the
supervisor must probationary initial or non-clinical appropriate board
submit required continued licensure; experience toward the renewal form and
documentation and board-ordered non-clinical subtracting the
fees to the board as probated suspension Independent Practice supervisory renewal
listed in §781.316 of for non-clinical Recognition; an fee from the renewal
this title (relating to practitioners; and LBSW under payment. If a licensee
Fees). probationary license probationary initial or who has surrendered
holders under the continued licensure; supervisory status
(7) AMEC program. an LBSW under desires to regain
When a licensee is board-ordered supervisory status,
designated a board- ( probated suspension; the licensee must
approved supervisor, C) An LMSW with the and a probationary reapply and meet the
he or she may Independent Practice LBSW license holder current requirements
perform the following Recognition (non- under the AMEC for approved
supervisory functions. clinical) who is a program; however, an supervisor status.
board-approved LBSW who does not
( supervisor may hold the independent (10)
A) An LCSW may supervise an LBSW's practice recognition A supervisor must
supervise clinical or LMSW's non- may only supervise maintain the
experience toward the clinical experience probationary license qualifications
LCSW license, non- toward the non-clinical holders under the described in this
clinical experience Independent Practice AMEC program in an section while he or
toward the Advanced Recognition; an employment setting.
she is providing employee or contract shall submit billing to
supervision. employee. the client or third-party (
payers which clearly K) The supervisor
(11) ( indicates the services shall ensure that the
A board-approved D) Before entering provided and who supervisee knows and
supervisor who into a supervisory provided the services, adheres to the Code
wishes to provide any agreement, the and specifying the of Conduct and
form of board- supervisor shall be supervisee's licensure Professional
approved or board- aware of all conditions category and the fact Standards of Practice
ordered supervision of exchange with the that the licensee is of this chapter.
must comply with the clients served by her under supervision.
following. or his supervisee. The (
supervisor shall not ( L) The supervisor and
( provide supervision if I) If either the supervisee shall avoid
A) The supervisor is the supervisee is supervisor or forming any
obligated to keep practicing outside the supervisee has an relationship with each
legible, accurate, authorized scope of expired license or a other that impairs the
complete, signed the license. If the license that is revoked objective, professional
supervision notes and supervisor believes or suspended during judgment and
must be able to that a social worker is supervision, prudent, ethical
produce such practicing outside the supervision hours behavior of either.
documentation for the scope of the license, accumulated during
board if requested. the supervisor shall that time will be (
The notes shall make a report to the accepted only if the M) Should a
document the content, board. licensee appeals to supervisor become
duration, and date of and receives approval subject to a board
each supervision ( from the board. disciplinary order, that
session. E) A supervisor shall person is no longer a
not be employed by or ( board-approved
( under the employment J) A licensee must be supervisor and must
B) A social worker supervision of the a current board- so inform all
may contract for person who he or she approved supervisor supervisees, helping
supervision with is supervising. in order to provide them to find alternate
written approval of the professional supervision.
employing agency. A ( development
copy of the approval F) A supervisor shall supervision toward (
must accompany the not be a family licensure or specialty N) The board may
supervisory plan member of the person recognition, or to deny, revoke, or
submitted to the being supervised. provide board-ordered suspend board-
board. supervision to a approved supervisory
( licensee. Providing status following a fair
( G) A supervisee must supervision without hearing for violation of
C) A board-approved have a clearly defined having met all the Act or rules,
supervisor may not job description and requirements for according to the
charge or collect a fee responsibilities. current, valid board- department fair
or anything of value approved supervisor hearing rules.
from his or her ( status may be Continuing to
employee or contract H) A supervisee who grounds for supervise after the
employee for the provides client disciplinary action board has denied,
supervision services services for payment against the revoked, or
provided to the or reimbursement supervisor. suspended board-
approved supervisor licensees have had (IPR) or Advanced least 20 hours per
status, or after the little, if any, formal Practitioner (LMSW- week), supervision
supervisor's education about AP), which is shall occur on
supervisory status supervision theories, supervision for average at least once
expires, may be strategies, problem- professional growth, a month and no less
grounds for solving, and must comply with the than two hours per
disciplinary action accountability, following. month. Supervisory
against the particularly LBSWs sessions shall last at
supervisor. who may supervise ( least one hour and no
licensees toward the A) Supervision toward more than two hours
( IPR. Though some licensure or specialty per session.
O) If a supervisor's supervisors have recognition may occur
board-approved functioned as in one-on-one (
status is expired, employment sessions; in a D) The board
suspended, or supervisors for some combination of considers supervision
revoked, the time and have individual and group toward licensure or
supervisor shall acquired practical sessions; or in board- specialty recognition
refund all supervisory knowledge, their approved to be supervision
fees the supervisee practical supervision combinations of which promotes
paid after the date the skills may be focused supervision in the professional growth.
supervisor ceased to in one practice area, same geographical Therefore, all
be board-approved. and may not include location, supervision supervision formats
current skills in via audio and visual must encourage clear,
( various supervision web technology, and accurate
P) A supervisor is methods or familiarity other electronic communication
responsible for with emerging supervision between the
developing a well- supervisory theories, techniques. supervisor and the
conceptualized strategies, and supervisee, including
supervision plan with regulations. ( case-based
the supervisee, and Therefore, the board B) Supervision groups communication that
for updating that plan values high-quality, shall have no fewer meets standards for
whenever there is a contemporary, multi- than two members confidentiality. Though
change in agency of modality supervision and no more than six. the board favors
employment, job training to ensure that supervision formats in
function, goals for all supervisors have ( which the supervisor
supervision, or refreshed their C) Supervision shall and supervisee are in
method by which supervisory skills and occur in proportion to the same
supervision is knowledge in order to the number of actual geographical place for
provided. help supervisees hours worked, with a a substantial part of
practice safely and base line of one hour the supervision time,
( effectively. of supervision for the board also
Q) All board-approved every 40 hours recognizes that some
supervisors shall have (12) worked. If the current and future
taken a board- A board-approved supervisee works full- technology, such as
approved supervision supervisor who time, supervision shall using reliable,
training course by wishes to provide occur on average at technologically-secure
January 1, 2014 in supervision towards least twice a month computer cameras
order to renew board- licensure as an LCSW and for no less than and microphones, can
approved supervisor or towards specialty four hours per month; allow personal face-
status. The board recognition in if the supervisee to-face, though
recognizes that many Independent Practice works part-time (at remote, interaction,
and can support supervised licensure, or closely the supervisee
professional growth. professional disciplinary action adheres to statutes
Supervision formats experience towards must: and rules, any special
must be clearly licensure must comply circumstances that led
described in the with §781.401 of this ( to the imposition of
supervision plan, title (relating to i) submit one supervision, and
explaining how the Qualifications for supervisory plan for recommend whether
supervision strategies Licensure) and each practice location the supervisee should
and methods of §781.402 of this title to the board for continue licensure. If
delivery meet the (relating to Clinical approval by the board the supervisor does
supervisee's Supervision for LCSW or executive not recommend the
professional growth and Non-Clinical director/designee supervisee for
needs and ensure that Supervision for within 30 days of continued licensure,
confidentiality is LMSW-AP and initiating supervision; the supervisor must
protected. The plan Independent Practice provide specific
must be approved by Recognition) of this ( reasons for not
the board. title and all other ii) submit a current job recommending the
applicable laws and description from the supervisee. The board
( rules. agency in which the may consider the
E) Supervision toward social worker is supervisor's
licensure or specialty (13) employed with a reservations as it
recognition must A board-approved verification of evaluates the
extend over a full supervisor who authenticity from the supervision
3000 hours over a wishes to provide agency director or his verification the
period of 24 to 48 supervision required or her designee on supervisee submits;
months. as a result of a board agency letterhead or and
order must comply submit a copy of the
( with relevant contract or (
F) The supervisor and provisions of appointment under iv) notify the board
the supervisee bear §781.413 of this title which the licensee immediately if there is
professional (relating to Alternate intends to work, along a disruption in the
responsibility for the Method of Examining with a statement from supervisory
supervisee's Competency (AMEC) the potential relationship or change
professional activities. Program), §781.610 supervisor that the in practice location
of this title (relating to supervisor has and submit a new
Due Process reviewed the contract supervisory plan
(G) If the Following Violation of and is qualified to within 30 days of the
supervisor determines an Order) and supervise the licensee break or change in
that the supervisee §781.806 of this title in the setting; practice location.
lacks the professional (relating to Probation)
skills and competence of this title, all other ( (
to practice social work applicable laws and iii) ensure that the B) The supervisor
under a regular rules, and/or the supervisor submits who agrees to provide
license, the supervisor following. reports to the board board-ordered
shall develop and on a schedule supervision of a
implement a written ( determined by the licensee who is under
remediation plan for A) A licensee who is board. In each report, board disciplinary
the supervisee. required to be the supervisor must action must
supervised as a address the understand the board
( condition of initial supervisee's order and follow the
H) Board-approved licensure, continued performance, how supervision
stipulations outlined in days of receipt. The materials. If the board review the executive
the order. The letter will include the determines that false director's report of the
supervisor must requested licensing or information has been situation and may
address with the specialty recognition submitted, the approve or deny, in
licensee those category; any applicant shall be writing, the applicant's
professional documented determined unfit for request for
behaviors that led to deficiencies in licensure. reimbursement of
board discipline, and qualifications; and any fees.
must help to additional (h) When the
remediate those documentation, such applicant has met all §781.406. Required
concerns while as transcripts or other qualifications for Documentation of
assisting the licensee supervisory licensure or specialty Qualifications for
to develop strategies references, required recognition, and when Licensure.
to avoid repeating for the examination the board office
illegal, substandard, approval. receives the (a)
or unethical applicant's license fee Application form. An
behaviors. (d) The payment, the board applicant for licensure
board will mail a letter will grant the license must submit a
approving the or specialty completed official
(C) Board- applicant to sit for the recognition. application form with
ordered and examination within 15 all requested
mandated supervision working days after the (i) In the information.
timeframes are board office receives event an application is
specified in the board all required not processed in the (b) Education
order. documentation. time periods stated in verification.
this section, the
§781.405. (e) If an applicant has the right (1)
Application for applicant fails to fully to request, in writing, The applicant's
Licensure. document his or her reimbursement of all education must be
qualifications and/or fees paid in that documented by official
(a) A fails to pass the particular application college transcripts
licensure application examination within 12 process. The from social work
must be on the official months after filing the applicant shall educational units
form designated by application, his or her address the accredited by CSWE.
and available from the application shall be reimbursement
board. voided, and the request to the (2)
applicant will be executive director, Degrees for licensure
(b) The required to reapply. who will respond as an LBSW or
application process within 30 days. The LMSW must be from
begins when the (f) When the director may find that programs accredited
board office receives applicant passes the good cause existed or in candidacy for
the completed examination, the for exceeding the time accreditation by
application form and department shall mail period and may deny CSWE. (Current
fee. an approval notice the request. In that written verification of a
stating the initial event, the applicant program's CSWE
(c) The licensure fee. may appeal in writing candidacy status must
department will to the board be on file with the
acknowledge in (g) Under no chairperson, board.) College or
writing receiving the circumstances may a addressed to the university degrees
application and fee license applicant board office. The from outside of the
within 15 working falsify any application chairperson shall United States and its
territories must be board, for each maintain and upon applicant's fitness, the
from programs judged practice location. If request, provide to the board shall consider
by the CSWE to be any elements board documentation the applicant's skills
equivalent to a CSWE described in the of employment status, and abilities to provide
accredited program in supervision plan pay vouchers, or adequate social work
the United States. change, including but supervisory services to clients; the
not limited to work evaluations. applicant's ethical
(c) hours, full- or part- behavior in
Experience time work status, (d) relationships with
verification. location of References. An other professionals
supervision, or name applicant must list on and clients; and the
(1) of supervisor, the the official application applicant's worthiness
An applicant's applicant must submit the names and of public trust and
experience for the appropriate addresses of three confidence.
licensure or for verification form within individuals familiar
specialty recognition 30 days of the change with the applicant's (b) The
must meet the or supervision professional board may consider a
requirements of termination. The qualifications. The person, who has
§781.401 of this title applicant must submit board may contact the committed any act
(relating to a new, complete references for that would have been
Qualifications for supervision plan for verification of the a violation of the Act
Licensure), §781.402 board approval within applicant's or this chapter had the
of this title (relating to 30 days of beginning qualifications and person been licensed
Clinical Supervision the new supervision fitness. at the time the act
for LCSW and Non- agreement. was committed, as
Clinical Supervision (e) unworthy of public
for LMSW-AP and (2) Jurisprudence trust and confidence.
Independent Practice The applicant's examination.
Recognition), and experience must have Applicants for a (c) Surrender
§781.404 of this title been in a position license must complete or revocation of a
(relating to providing social work the board's social work license
Recognition as a services, under the jurisprudence within the previous
Board-approved supervision of a examination and five years while under
Supervisor and the qualified supervisor, submit proof of investigation or under
Supervision Process). with written completion at the time a board order for
The applicant must evaluations to of application. The professional
document the names demonstrate jurisprudence misconduct shall be
and addresses of satisfactory examination must considered evidence
supervisors; performance. have been completed that the person is
beginning and ending no more than six unworthy of public
dates of supervision; (3) months prior to the trust and confidence.
job description; and Supervised date of application.
average number of experience must have (d) In
hours of social work occurred within the determining fitness,
activity per week. The five calendar years the board may also
applicant must further immediately §781.407. Fitness consider a surrender,
document the preceding the date of of Applicants for revocation, or
appropriate application. Licensure. violation of a board
supervision plan and order which occurred
verification form, both (4) (a) To more than five years
approved by the The applicant must determine the before application.
 Conduct, Standards of and experience examination within six
§781.408. Materials Practice, or any other documentation months of issuance of
Considered in section of this chapter required for licensure. the temporary license.
Determination of which would have The applicant must
Fitness of applied had the have passed an (c) The
Applicants. In applicant been equivalent licensing temporary license is
determining the licensed when he/she test as accepted by valid until the licensee
fitness of applicants, committed the the board. If granted a attempts the
the board shall violation. provisional license, appropriate
consider evaluations the individual must examination or the
and assessments of (b) The use the appropriate end of the six-month
supervisors, board may require an licensing title followed issuance of the
employers, applicant for licensure by the word temporary license.
instructors, and other or licensure renewal "provisional." If the
individuals who can to obtain a criminal board deems that the (d) A person
attest to the background check applicant meets the holding a temporary
applicant's fitness for from a board- requirements for license must display
practice; transcripts or designated agency licensure set forth in the license at the
findings from official and to provide the this Act, the board will licensee's place of
court, hearing, or board an official copy issue a regular business and must
investigative of that report. The license. If the board use the appropriate
proceedings; and board may consider determines that the licensed title or initials
other relevant the report in applicant does not followed by the word
information. determining the meet this state's "Temporary" in all
applicant's eligibility licensing professional use of
§781.409. Finding for licensure or requirements, the the licensee's name.
of Non-fitness. renewal. Failure to board will deny the
obtain the background application, and the (e) Should
(a) The check within 30 days provisional license will the applicant take and
board may deny a of the board's request no longer be valid. fail the examination,
license, license is grounds for denying the temporary license
renewal, or specialty the application. §781.411. is no longer valid. The
recognition if it Temporary License. applicant must
substantiates that the §781.410. immediately cease
applicant lacks the Provisional (a) Prior to and desist from using
necessary skills and Licenses. The board examination, a the temporary license
abilities to provide may grant a licensure applicant and title, and return
adequate social work provisional social may obtain a the license certificate
services; has work license to a temporary social work and certificate card to
misrepresented any person who holds, at license as long as the the board.
materials in the the time of applicant meets all the
licensure application application, a social requirements, except (f) Should
or renewal work license or the licensing the applicant pass the
application, or any certificate issued by examination, for the examination, the
materials submitted to another jurisdiction license category the board will issue the
the board; has acceptable to the applicant seeks. license or specialty
violated any provision board, and who recognition in
of the Act in effect applies for the (b) A person accordance with
when the applicant provisional license in holding a temporary §781.405(g) of this
applied; or has writing and submits all license must take the title (relating to
violated the Code of required academic designated Application for
Licensure). A §781.412. retaking the §781.413. Alternate
temporary license Examination examination. Method of
holder who has Requirement. Examining
passed the licensing (d) An Competency
examination continues (a) An applicant who fails the (AMEC) Program.
to be temporarily applicant for licensure examination must wait
licensed until the or specialty the required (a) An
board issues a regular recognition must pass timeframe between applicant who has
license or the an examination examination taken an examination
temporary license designated by the administrations. The within the previous 12
expires. board. board or executive months and who has
director may waive failed the examination
(g) A person (b) When an the waiting period if on two or more
who failed the applicant passes the the applicant petitions occasions by no more
examination and is examination, the in writing, justifying than five points may
without a valid individual has no the waiver in submit a written
temporary license more than one year accordance with petition to the board
may retake the from the date of board policy. for an LBSW or
examination under passing the LMSW license. It is
§781.412 of this title examination to (e) If an also the applicant's
(relating to complete the applicant fails the responsibility to
Examination requirements for examination on the contact ASWB and
Requirement). licensure, completing fourth attempt, the secure the test scores
all documentation and person's application to submit to the board.
(h) A paying all fees or the will be voided. The The applicant must
temporary license will passing examination applicant will not be apply, pay the
not be granted to an score will not longer permitted to reapply administrative fee,
applicant who has count towards for licensure for one and submit the
held a temporary licensure. year. memorandum of
license for the same understanding and the
license category (c) If an (f) The board findings of facts
within the previous applicant fails the first may waive the documentation to the
five years. examination, the examination for an board to be
individual may retake applicant with a valid considered for AMEC.
(i) An the examination no certificate or license
applicant for LCSW or more than two from another state if (b) The
specialty recognition additional times. An the certificate or board will consider the
is not eligible for a applicant who has license was issued public interest in
temporary or failed the examination before January 1, reviewing the petition
provisional license. three times must 1986, if petitioned in and will issue its
request in writing to writing. written decision after
(j) Applicants the board to retake the next full board
requesting a the examination a (g) On the meeting at which the
temporary license fourth time. The board basis of a verified petition and the
must submit the may order the report from ASWB applicant's required
application form and applicant to complete that an applicant has materials are
temporary fee one or more social cheated on the reviewed.
required by the board. work educational examination, the
courses as a application shall be (c) The
prerequisite to denied. written decision will
explain why the board
has denied AMEC §781.414. Issuance non-clinical category and how to
participation, or of License Independent Practice contact the board.
outline the terms of Certificates. Recognition - LMSW-
participation under IPR; Licensed §781.415.
which the AMEC (a) The Baccalaureate Social Application Denial.
license is granted. board issues license Worker with non-
certificates and clinical Independent (a) The
(d) The license cards Practice Recognition - board may deny an
participant must indicating the social LBSW-IPR; or application if the
complete the work title, whether Licensed Master applicant does not
professional portfolio, LBSW, LMSW or Social Worker with meet all requirements
quarterly reports and LCSW, granted to Advanced Practitioner for licensure or
other requirements applicants who have Recognition - LMSW- specialty recognition.
within the board's met all of the board's AP.
required timeframe. qualifications. The (b) A person
board-issued license (c) A licensee whose application for
(e) The cards will indicate the shall display an licensure or specialty
participant must license expiration original board-issued recognition is denied
complete the AMEC date. The board shall license certificate, a is entitled to a formal
program in no less indicate the new current license card, hearing as set out in
than 12 and no more expiration date of a and a copy of the Subchapter G of this
than 24 consecutive renewed license on Code of Conduct in a chapter (relating to
calendar months from the board-issued prominent place in all Formal Hearings).
the date of board's cards. The license practice locations.
agreed order unless certificate will also §781.416. Required
the board gives prior include any applicable (d) The Reports to the
approval. specialty recognition board will post its Board.
or supervisory status. client information
(f) An AMEC brochure on the (a) A
participant remains (b) The board's website. licensee shall make
under the supervision licensee must include written reports to the
of a board-approved the license title or (e) A board office within 30
supervisor until the associated initials in licensee who offers days of the following:
board has reviewed all professional uses social work services
the required of the licensee's name on the Internet must (1)
documents and as required by the Act, include a statement a change of mailing
issued a final order §505.351, as in that the licensee is address, place of
regarding the board's Licensed Clinical licensed by the State employment or
issuance of a regular Social Worker - of Texas and provide business or home
license. The board LCSW; Licensed a copy of the Code of phone number;
may require continued Master Social Worker Conduct with the
supervision reports. - LMSW; or Licensed information on how to (2)
Baccalaureate Social contact this board by the licensee's arrest,
(g) The Worker - LBSW. If the mail or telephone. deferred adjudication,
board may grant a licensee holds a or criminal conviction,
regular license to an specialty recognition, (f) Upon a other than a Class C
applicant who he or she shall use client's request, a misdemeanor traffic
successfully the specialty licensee shall provide offense;
completes the AMEC recognition initials as information regarding
participation terms. well: Licensed Master his or her license (3)
Social Worker with the filing of a criminal
case against the reason, without licensee to agree to conducted by the
licensee; compulsion. certain findings of fact board under the Act if
and conclusions of the applicant has
(4) (2) law, including passed the same
the settlement of or The license may be admitting to a violation examination in
judgment rendered in delivered to the board of the Act or this another jurisdiction.
a civil lawsuit filed office by hand or mail. chapter.
against the licensee The licensee must (2)
and relating to the cease practice as a (4) The board may issue
licensee's social worker pending When the board does a license to an
professional social action from the board not accept an offer of applicant who is
work practice; or on the surrender of surrender or when the currently licensed in
the licensee's license. licensee fails to renew another jurisdiction to
(5) the license, the board independently
complaints, (3) is not deprived of practice social work if
investigations, or If there is no jurisdiction against the the board determines
actions against the complaint pending, licensee under the Act that the applicant
licensee by a the board office may or any other statute. demonstrates
governmental agency accept the surrender sufficient experience
or by a licensing or and void the license. (c) and competence; has
certification body. Reinstatement. A passed the licensing
(b) Formal license, which has examination
(b) The disciplinary action. been surrendered by appropriate to the
board may use the licensee and category of licensure
information received (1) accepted by the the applicant seeks;
under subsection (a) When a licensee has board, may not be has passed the
of this section to offered the surrender reinstated; however, a jurisprudence
determine whether a of his or her license person may apply for examination
licensee remains fit to after a complaint has a new license in conducted by the
hold a license. been filed, the board accordance with the board under the Texas
shall consider whether Act and this chapter. Occupations Code,
(c) Failure to to accept the §505.3545; and is in
make a report as surrender of the §781.418. Issuance good standing with
required by license. of Licenses to the regulatory body of
subsection (a) of this Certain Out-of-State the licensing
section is grounds for (2) Applicants. jurisdiction at the time
disciplinary action by When the board has the applicant applied
the board. accepted such a (a) in Texas.
surrender, the Notwithstanding any
§781.417. surrender is deemed other licensing (b) When
Surrender of to be the result of a requirement of this assessing the
License. formal disciplinary chapter or the Act: applicant's experience
action and a board and competence, the
(a) Surrender order shall be (1) board may consider
by licensee. prepared accepting The board may not any supervision the
the surrender. require an applicant applicant received in
(1) who is licensed in another jurisdiction if
A licensee may at (3) good standing in the board determines
anytime voluntarily In order to accept a another state to that the supervision
offer to surrender his surrender, the board retake a licensing would be considered
or her license for any may require the examination for licensing or
certification in the obtaining a different statement of
jurisdiction in which (e) A person category of licensure. continuing compliance
the applicant received whose license has with the Act and this
the supervision. expired shall not use §781.502. Renewal chapter.
the terms or titles Cycles. Licenses
described in the Act, must be renewed (c) When the
§505.351. The person every two years, and board office receives
shall return his or her the renewal extends the completed
SUBCHAPTER E. license to the board. for two years. The application, the
LICENSE license renewal date executive director will
RENEWAL AND (f) The is the last day of the respond within 15
CONTINUING deadlines established licensee's birth month. working days to notify
EDUCATION. for renewals, late the applicant about
renewals, and penalty §781.503. License the status of the
§781.501. General. fees are based on the Renewal. application. Failure to
postmarked date or process a renewal
(a) A license electronic submission (a) At least application in the time
must be renewed date by which the 45 days prior to the periods stated shall
biennially. licensee submits expiration of a license, be governed by
documentation. the board will send §781.405(h) of this
(b) A the licensee notice of title (relating to
licensee must have (g) The the expiration date, Application for
fulfilled any continuing board shall deny schedule of renewal Licensure).
education renewal if required by fees and penalties,
requirements that this the Education Code, and continuing (d) The
chapter prescribes in §57.491 (relating to education activities board shall renew the
order to renew a Defaults on required for renewal. license of a social
license. Guaranteed Student The licensee is worker who has met
Loans). responsible for all renewal
(c) Each renewing his/her requirements,
person who holds a (h) The license, regardless of including fee
license is responsible board upon receipt of whether or not the payments, completed
for renewing the a final court or licensee receives a documentation, and
license and shall not attorney general's notification. evidence of
be excused from order will suspend a completed continuing
paying penalty fees license due to failure (b) The education
for late renewal. to pay child support board will provide requirements.
Failure to receive per the Family Code, eligible licensees with
notice from the board Chapter 232, renewal forms, (e) If a
does not waive regarding suspension soliciting the licensee has made
payment of penalty of licenses. The licensee's current timely and sufficient
fees. individual must pay address and contact application for license
the reinstatement fee numbers; completed renewal, the license
(d) The set out in §781.316 of continuing education; does not expire until
board may deny the this title (relating to information regarding the board has acted
license renewal of a Fees). civil lawsuits and on the renewal. If the
licensee who is in criminal complaints; licensee claims to
violation of the Act, or (i) A license any governmental have made timely,
this chapter, at the must be renewed and agency or licensing sufficient application
time of renewal in good standing prior body's action against and is otherwise
application. to the licensee the licensee; and a eligible for renewal,
the license will remain process because of (d) A person anytime before the
current until the formal disciplinary whose license has license expires.
renewal is issued or action, penalty fees expired must
until the board office shall not apply. document that he/she (b) No
determines that the completed all continuing education
application was not (j) The board continuing education is required of a
timely or sufficient. may refuse to renew requirements in order licensee while on
the license of a to renew the license. inactive status.
(f) A licensee person who fails to A licensee who has
who has been pay an administrative not completed all (c) The
recommended for penalty imposed in required continuing inactive status fee and
disciplinary action accordance with the education in the any applicable
must file a timely and Act unless the renewal period shall renewal fee and
complete license enforcement of the cease practice and penalty fee for late
renewal application, penalty is stayed or a must complete all renewal must be paid
pay all fees, and verify court has ordered that continuing education prior to the date the
that required the administrative before the board will license expires.
continuing education penalty is not owed. allow the individual to
is complete. If he/she renew. In that case, (d) A
fails to do these §781.504. Late the board may impose licensee on inactive
things, the licensee Renewal. late renewal fees and status must notify the
must cease all social additional fees. board in writing to
work practice until all (a) A person reactivate the license.
renewal requirements who fails to meet all (e) On or The reactivated
are complete. the requirements to after one year from license status shall
renew his or her the expiration date, a begin seven days
(g) The license by the renewal person may no longer after the board
board may deny a date ceases to be renew the license and receives the
license renewal if the licensed. must reapply by licensee's reactivation
licensee is a party to a submitting a new fee.
formal disciplinary (b) A person application, paying the
action. A formal action who renews a license required fees, and §781.506. Emeritus
commences when the after the expiration meeting the current Status.
board mails notice date but on or before requirements for the
described in 90 days after the license including (a) A
§781.602(c) of this expiration date shall passing the licensure licensee who is at
title (relating to pay the renewal fee examination. least 60 years of age
Disciplinary Action and appropriate or disabled, and who
and Notices). penalty fees. §781.505. Inactive is not engaged in
Status. professional social
(h) A license (c) A person work practice, may
that is not revoked or whose license was (a) A request emeritus
suspended as a result not renewed on or licensee who does not status in writing to the
of formal proceedings before 90 days from wish to practice social board. An emeritus
shall be renewed the expiration date work in the State of license must be
provided that all other may renew within one Texas and whose renewed every two
requirements are met. year of the expiration license has not years but requires no
date by paying the expired may request renewal fee or
(i) In the appropriate renewal the board to grant continuing education.
case of delay in the and penalty fees. inactive status
license renewal
 (b) The within one year of his (c) A clock- graduate training
emeritus licensee may or her return to Texas hour is defined as 60 programs, college
only use his or her or release from active minutes of standard academic or
emeritus title while duty, whichever time. continuing education
providing social work occurs first, request courses which relate
services as a reinstatement of his or (d) A to or enhance the
volunteer without her license. licensee may earn practice of social work
compensation. The credit for ethics as a and are offered by a
emeritus licensee who (b) The presenter or a board-approved
volunteers social board will issue a participant. provider;
worker services is license on receipt of
under the board's the request for (e) Upon a (2) teaching
jurisdiction and must reinstatement, licensee's petition, the or presenting the
comply with the Code documentation of his executive director activities described in
of Conduct and or her active duty may waive part, but paragraph (1) of this
Professional status at the time the not all, of the section;
Standards of Practice license expired, and continuing education
in this chapter. the fee for the current renewal requirements (3) writing a
license. No continuing for good and just published work or
(c) An education will be cause or may permit presenting work
emeritus license can required prior to the licensee additional applicable to the
be reinstated to an reinstatement and no time to complete all profession of social
active license without penalty fees will be continuing education work;
being subject to the charged. requirements. If the
additional penalty for director decides not to (4) serving
late renewal. To be §781.508. Hour waive requirements, a as a field instructor for
eligible for a new Requirements for licensee may appeal social work interns
license, the emeritus Continuing to the board, which attending a college or
licensee shall submit Education. may elect to waive the university accredited
an updated late fees accrued. by or in candidacy
application and (a) A Should the board not status with CSWE;
license fee. licensee must uphold the licensee's
Verification of complete a total of 30 petition, all late fees (5) providing
education, clock-hours biennially accrued will apply. supervision to a social
supervision, and of continuing worker participating in
examination score is education obtained §781.509. Types of the program in
not required. from board-approved Acceptable accordance with
continuing education Continuing §781.413 of this title
§781.507. Active providers. Education. The (relating to the
Military Duty. board accepts Alternative Method of
(b) As part of continuing education Examining
(a) A the required 30 in which the licensee Competency (AMEC)
licensee on active biennial clock-hours, a learns by: Program); or
duty with the Armed licensee must
Forces of the United complete a minimum (1) (6)
States who is not of six clock-hours of participating in completing the
practicing in the State continuing education institutes, seminars, board's jurisprudence
of Texas at the time of in professional ethics workshops, training course no
renewal is exempt and social work conferences, more than once per
from the renewal values. independent study renewal period,
requirement and may, programs, post
unless the board continuing education medicine, law, values separately and
directs otherwise. in §781.509 of this psychiatry, as part of the total
title. psychology, sociology, hours credited.
§781.510. Activities marriage and family
Unacceptable as §781.511. therapy, professional (f) The
Continuing Requirements for counseling, and provider must
Education. The Continuing similar fields of human document each
board will not give Education service practice. program's compliance
credit hours for: Providers. with this section,
(d) The maintaining that
(1) education (a) A provider applicant shall certify documentation for
incidental to the must be approved on the application that three years.
regular professional under this section to all programs that the
activities of a social offer continuing provider offers for (g)
worker such as education programs. board-approved credit Department staff shall
learning occurring hours will comply with review the continuing
from experience or (b) A person the criteria in this education provider
research; seeking approval as a section; and the application and notify
continuing education provider will be the applicant of any
(2) provider shall apply responsible for deficiencies or grant
organizational activity using board forms and verifying attendance approval, assigning
such as serving on include the continuing at each program and the continuing
committees or education provider provide an attendance education provider
councils or as an application fee. certificate as set forth approval number
officer in a Governmental in subsection (k) of which shall be noted
professional agencies shall be this section. on all certificates.
organization; exempt from paying
this fee. (e) A (h) Each
(3) meetings program the provider continuing education
and activities such as (c) Entities offers for board- program shall provide
in-service programs that receive automatic approved credit hours participants an
required as a part of status as approved shall advance, extend, evaluation instrument
one's job, unless the providers without and enhance the which may be
in-service training is applying or paying licensees' completed on-site or
acceptable continuing fees include professional social returned via the web
education under accredited colleges work skills and or by mail. The
§781.509 of this title and universities; a knowledge; be provider and the
(relating to Types of national or statewide developed and instructor shall review
Acceptable association, board or presented by persons the evaluation
Continuing organization who are appropriately outcomes and
Education); representing knowledgeable in the consider those
members of the social program's subject outcomes in revising
(4) college work profession; matter and training subsequent programs,
academic courses nationally accredited techniques; specify keeping all
which are audited or health or mental the course objectives, evaluations for three
not taken for credit; or health facilities; or a course content, years and allowing the
person or agency teaching methods, board to review the
(5) any approved by any state and number of credit evaluations on
experience which or national hours; specify the request.
does not fit the types organization in a number of credit
of acceptable related field such as hours in ethics and
 (i) The the audit, staff shall has been rescinded
provider will supply a (m) If the request the provider's may reapply for
list of subcontractors provider fails to documentation approval on or after
as part of the renewal comply with these regarding compliance the 91st day following
process or upon requirements, the with §781.511 of this the board action. The
request. board, after notice to title (relating to provider must
the provider and due Requirements for document that
(j) To process hearing, may Continuing Education corrective action has
maintain continuing revoke the provider's Providers). been taken and that
education provider approval status. the provider's
approval, each (b) programs will be
provider shall annually (n) The Department staff shall presented in
apply to renew board may evaluate notify a continuing compliance with
provider status and any provider or education provider of §781.511 of this title.
pay applicable fees. applicant at any time the results of an audit. The board shall
to ensure compliance A continuing review the
(k) It is the with requirements of education provider reapplication.
provider's this section. who does not comply
responsibility to with these regulations (f) A licensee
provide each program (o) shall implement a may not count hours
participant with a Complaints regarding correction plan to to renew the license if
legible certificate of continuing education address deficiencies, those continuing
attendance after the programs offered by and will submit education hours were
program ends. The approved providers documentation of received from a
certificate shall may be submitted in these corrective provider has failed to
include the provider's writing to the measures to the meet renewal
name, approval executive director. board within 30 days requirements, or
number, and of the board's notice whose approval has
expiration date of the (p) A that corrective actions been denied or
provider's approved program offered by a are necessary. rescinded by the
status; the provider for credit board but is accepted
participant's name; hours in ethics shall (c) The board by another approval
the program title, meet the minimum shall review and may entity.
date, and place; the course requirements rescind the approval
credit hours earned, for an ethics course status of continuing (g) Fees paid
including the ethics approved by the education providers. by a provider whose
hours credited; the board. approval has been
provider's signature or (d) If the rescinded or denied
that of the provider's §781.512. board receives written are non-refundable.
representative; and Evaluation of complaints about
the board contact Continuing continuing education §781.513.
information. Education offered by approved Acceptance of
Providers. providers, the Continuing
(l) The department may audit Education Approved
provider is (a) the provider and refer by Another
responsible for Department staff shall the matter to the Licensing Board.
assuring that the audit approved board for appropriate
licensee receives continuing education action. (a) A
credit only for time providers regularly, licensee may request
actually spent in the reporting audit results (e) A provider in writing that the
program. to the board. During whose approval status board approve
continuing education completing granted five credit requirements.
hours provided by a postgraduate training hours for each college Continuing education
non-approved programs (e.g., intern, semester completed, earned during the
provider. The licensee residency, or not to exceed 20 licensee's birth month
shall submit fellowship programs) credit hours per may be used for the
documentation as or successfully renewal period. current renewal or for
specified in completing social the following year.
§781.511(e) of this work courses in a (5) A
title (relating to graduate school of presenter of a (8)
Requirements for social work at a rate continuing education Completing the
Continuing Education of five credit hours per program or an author jurisprudence
Providers) for the each semester hour of a published work, examination shall
board to review and a or its equivalent not to which imparts social count as three hours
fee equal to the exceed 10 hours per work knowledge and of the continuing
continuing education renewal period. A skills, may be granted education requirement
provider application licensee may five credit hours for in ethics and social
fee. complete the ethics each original or work values, as
requirement in substantially revised referenced in
(b) The §781.508(a) of this presentation or §781.508(b) of this
executive director will title (relating to Hour publication, not to title.
review the Requirements for exceed 20 credit
documentation and Continuing Education) hours per renewal §781.515.
notify the licensee in only through a course period. Continuing
writing whether the specifically Education
program(s) are designated as an (6) Credit Documentation.
acceptable as credit ethics course. hours may be earned
hours. This decision by successful (a)
may be appealed to (3) Credit completion of an Licensees must verify
the board. may be earned for independent study their credit hours on
teaching social work program directly the board's license
§781.514. Credit courses in an related to social work renewal form. Failing
Hours Granted. The accredited college or offered or approved to submit the form
board will grant the university. Credit will by an approved with completed
following credit hours be applied at the rate provider. With the continuing education
toward the continuing of five credit hours for exception of persons hours is grounds to
education every course taught, residing outside the deny the application
requirements for not to exceed 15 United States, a for license renewal.
license renewal. hours per renewal maximum of 20 credit
period. A licensee hours for independent (b)
(1) One may complete the study programs will be Licensees must
credit hour will be ethics requirement in accepted per renewal maintain
given for each hour of §781.508(a) of this period. documentation of their
participation in a title only through continuing education
continuing education teaching a course (7) A for three years.
program by an specifically licensee may carry
approved provider. designated as an over to the next (c) The board
ethics course. renewal period up to will review a random
(2) Credit 10 credit hours sample of applications
may be earned, post- (4) A field earned in excess of for quality control. A
licensure, through instructor for a social the continuing licensee selected for
successfully work intern will be education renewal review will be notified
by mail and required Supervisor Training (d) A applicant is not
to submit acceptable Course Providers. supervisor training already a board-
documentation of the course offered for approved continuing
continuing education (a) A board credit shall education provider,
listed on the supervisor training enhance recipients' the applicant will be
continuing education course provider must professional notified of the
report form. be an approved knowledge and skills deficiency of this
Documentation must continuing education about supervision so requirement. Once
specify the subject, provider or exempt that they can minimum
date(s), credit hours, under §781.511 of this successfully fulfill the requirements are met,
name of sponsor, title (relating to supervision duties the the board-approved
board-issued sponsor Requirements for board expects board- supervisor training
approval number or Continuing Education approved supervisors course provider shall
other identifying Providers) to apply for to complete. The indicate the
sponsor information (if approval as a course shall be supervisor training
applicable) and board supervisor training developed and course provider
contact information. course provider. A presented by persons approval number all
The licensee shall provider shall apply who are appropriately attendance
include such items as on board forms. knowledgeable in certificates.
copies of attendance supervision theories,
certificates or other (b) A strategies, and (g) Each
attendance supervisor training techniques. It shall supervisor training
verification from the course provider must specify the course course shall allow
provider; grade be approved under objectives, course participants to
reports or transcripts this section to offer content, and teaching formally evaluate the
verifying that a college supervisor training methods. course using an
course is completed; courses. The board evaluation instrument.
letters from deans, shall maintain a list of (e) The The provider and the
directors, department supervisor training supervisor training instructor shall review
chairs, or their course providers on course provider must the evaluation
representatives the board's website. document that each outcomes and revise
verifying a field course complies with subsequent programs
instructor assignment; (c) The this section and accordingly. The
letters from program applicant shall certify maintain that supervisor training
sponsors verifying the on the application that documentation for a course provider shall
licensee presented all supervisor training period of three years. keep all evaluations
continuing education; courses that the for three years and
or copies of provider offers for (f) To be allow the board to
continuing education board credit will approved, an review the evaluations
programs or other comply with the applicant must on request.
documentation criteria in this section; demonstrate
verifying that the and that the compliance with the (h) A
continuing education supervisor training board's course supervisor training
was relevant to social course provider will be content guidelines. course provider must
work when the responsible for The board will review submit updated
program does not verifying attendance the supervisor training curricula every six
have an assigned at each program and course provider years in order to
provider number. provide an attendance application and notify maintain approval as
certificate as set forth the applicant of any a provider.
§781.516. in this section. deficiencies or grant
Requirements of approval. If the
 (i) The date of the board's
supervisor training §781.517. notice that corrective
course provider is Evaluation of action is necessary.
responsible for Supervisor Training
providing each Course Providers. (d) The
training participant board shall review the
with a legible (a) The approval status of
attendance certificate board may evaluate supervisor training
when the training any approved providers who are not
ends, verifying the supervisor training in compliance and
name, date, and place provider at any time to who have not taken
of the training; the ensure compliance corrective action.
provider's name, with requirements of
approval number, and this section. (e) The
signature; and board board may rescind the
contact information. (b) approval status of a
Department staff shall supervisor training
(j) The audit approved provider.
supervisor training supervisor training
course provider shall course providers (f)
maintain attendance regularly, reviewing Complaints regarding
records for not fewer the supervisor training supervisor training
than three years. provider's courses offered by
documentation approved providers
(k) The regarding compliance may be submitted in
supervisor training with §781.516 of this writing to the
course provider is title (relating to executive director.
responsible for Requirements of Complaints may result
assuring that only Supervisor Training in an audit and may
licensees who attend Course Providers), be referred to the
the complete training and report audit board for appropriate
and have results to the action.
demonstrated that appropriate board
they met training committee. (g) A
objectives receive supervisor training
credit for the training. (c) course provider
Department staff shall whose approval status
notify supervisor has been rescinded
training providers of by the board may
the audit results. If the reapply on or after the
provider is not 91st day following the
compliant, the board action. The
provider shall provider must
implement a document corrective
correction plan to action and
address audit demonstrate that the
deficiencies, and will provider's courses will
submit documentation be presented in
verifying corrective compliance with
action to the board §781.516 of this title.
within 30 days of the
 (h) In order (1) governmental agency satisfy the
to get board credit of violating any provision related to social work requirement of the
supervisor training to of the Act or any practice resulting in APA, §2001.054(c).
meet requirements of board rule; disciplinary action by
§781.404 of this title the governmental (c) The
(relating to (2) agency; licensee or applicant
Recognition as a failing to cooperate in must request, in
Board-approved a complaint (9) writing, a formal
Supervisor and the investigation filed violating a board hearing within 10 days
Supervision Process), under this chapter's order; or of receiving the
a licensee must take provisions; notice, or the right to a
that training from a (10) hearing shall be
provider approved in (3) engaging in conduct waived and the
good standing with failing to comply with that discredits or license or specialty
the board. any board-ordered tends to discredit the recognition shall be
action; social work denied, revoked,
SUBCHAPTER F. profession. suspended, probated,
COMPLAINTS AND (4) or reprimanded.
VIOLATIONS. exhibiting physical or (b) Prior to
mental incompetency, instituting formal (d) Receipt
§781.601. Purpose. as determined by the disciplinary of a notice under
This subchapter sets board, to perform proceedings against a subsection (b) or (c)
out grounds for social work; licensee, the board of this section is
denying an application shall notify the presumed to occur on
or disciplining a (5) licensee in writing by the tenth day after the
licensee and providing false or certified mail, return notice is mailed to the
procedures for misleading receipt requested or last address known to
reporting alleged information to the registered mail. The the board unless
violations of the Act or board regarding notice of violation another date is
this chapter. qualifications for letter will include the reflected on a United
licensure or renewal facts or conduct States Postal Service
§781.602. or in response to a alleged to warrant return receipt or other
Disciplinary Action board inquiry; revocation, official receipt.
and Notices. suspension, or
(6) reprimand and the (e) The
(a) The violating any of the severity level from the licensee will be
board shall revoke, grounds described in sanction guide. The considered to have
suspend, suspend on the Act, §505.451; licensee shall be received notice of
an emergency basis, given the opportunity, board disciplinary
or deny a license or (7) as described in the action if the notice is
specialty recognition, violating the law or notice, to show mailed to the last
place on probation a rules of another health compliance with all address provided in
person whose license or mental health requirements of the writing to the board by
or specialty profession resulting in Act and this chapter, the licensee.
recognition has been disciplinary action by including the
suspended, or that profession's opportunity for an (f) If a notice
reprimand a person regulatory body; informal conference. A is mailed to the last
with a license or licensee's opportunity known address of the
specialty recognition (8) for an informal licensee, and the
for: violating the law, conference under this licensee fails to
rules, or policies of a subsection shall respond to the notice
within 10 days from
receipt of the notice,
the licensee will be
considered to have
waived his or her right
to a hearing in the
matter.
(g) If it
appears to the board
that a person who is
not licensed under
this chapter is
violating this chapter,
a rule adopted under
this chapter, or
another state statute
or rule relating to
social work practice,
the board, after notice
and opportunity for a
hearing as described
in this section, may
issue a cease and
desist letter
prohibiting the person
from engaging in the
activity. A violation of
an order under this
subsection constitutes
grounds for the board
to impose an
administrative penalty.
§781.603.
Complaint
Procedures.
(a) A person
wishing to report that
a licensee has
allegedly violated the
Act or this chapter
may notify the
department staff in
writing, by telephone,
by email or in person.
(b) The
department staff is
responsible for
logging in complaints presented with referred to the
as they are received specific evidence that appropriate agency as
and investigating warrants such action. provided in
them. Government Code,
(f) Chapter 774, relating
(c) The board Department staff will to exchange of
chairperson will acknowledge in information between
appoint an Ethics writing that they have regulatory agencies.
Committee to review received the
the department's complaint. (h) If the
investigations, allegations clearly do
determine if licensees (g) The not fall within the
have violated the law executive director board's jurisdiction,
or rules, and decide initially reviews the the executive director
what sanctions, if any, complaint to may close the
to impose. determine jurisdiction. complaint and will
If a complaint appears present the case to
(d) The to be within the the Ethics Committee
board office shall not board's jurisdiction, at the committee's
accept a complaint if the executive director next meeting. The
the official form is not shall decide whether Ethics Committee
filed within five years to authorize sending a retains the right to
of the date that the copy of the complaint request full disclosure
professional-client to the respondent and of any case closed
relationship involved requesting a and order a
in the alleged response. If the comprehensive
violations ended, or executive director hearing of the
five years from the does not authorize complaint.
date the complainant written notification of
learned that the the respondent, the (i) If the
behavior of the social complaint will be allegations in the
worker violated the referred for an complaint are within
rules and/or law. If the investigation and the the board's jurisdiction
client was a minor at assigned investigator and sufficient for
the time of the alleged will determine whether investigation, the
violation, this time the respondent will be executive director
limitation does not notified by letter, shall:
begin until the client phone call, site visit,
reaches the age of 18 or some other (1)
years. A complainant appropriate means. If evaluate the threat to
shall be notified of the the complaint is public health and
non-acceptance of against a person safety documented by
untimely complaints. licensed by another the complaint;
board, the department
(e) The staff will forward the (2)
board may waive the complaint to that establish an
time limitation in board not later than appropriate plan and
cases of egregious the 15th day after the schedule for its
acts or continuing date the agency investigation to be
threats to public determines that the noted in the complaint
health or safety when information shall be file;
 complaint process will Ethics Committee will If the investigation
(3) continue to its also ensure that any produces evidence of
instruct agency staff completion unless a person who files a possible violations not
to send a notice to the law enforcement complaint has an described in the
complainant agency requests in opportunity to explain complaint, a separate
acknowledging that writing that action be the allegations made complaint will be
the complaint was delayed, clarifying the in the complaint, and opened regarding
received, unless the reason for delay, and that any issues such alleged
complaint was the date by which that related to complaints violations. Notice will
anonymous; and agency plans to take which arise under the be given to the
action on the case. Act, or this chapter, licensee that the new
(4) The executive director are resolved. complaint will be
report the status of all will request the law heard at a subsequent
continuing enforcement agency (n) The meeting of the Ethics
investigations to the provide timely Ethics Committee Committee. The
complainant and the updates on the case shall determine committee may
licensee or applicant progress. whether to dismiss a proceed with the
periodically. complaint as action regarding the
(l) The unsubstantiated, original complaint.
(j) The executive director or whether a violation
department staff will the investigator exists, and what (q) If no
begin investigating the assigned to the case disciplinary action to violation exists or the
complaint by will notify the subject take. complaint is
requesting statements of the complaint of the dismissed as
and evidence from all allegations either in (o) If a unsubstantiated, the
parties; by referring writing, by phone or in violation is found but it department will notify
the investigation to a person. The subject is does not seriously the complainant and
department required to provide a affect the health and the licensee or
investigator; or by sworn response to the safety of clients or applicant in writing of
enlisting the service of allegations within other persons, the the finding. The notice
a private investigator. fifteen days of that committee may may include a
If using a private notice. Failure to resolve the complaint statement of issues
investigator is respond to the by informal methods and recommendations
appropriate, allegations within the such as a cease and that the committee
department staff will 15 days is evidence of desist letter or an wishes the subject of
so inform the board. failure to cooperate informal agreement the complaint to
with the investigation with the violator to consider.
(k) If an and subject to correct the violation.
investigation uncovers disciplinary action. (r) If the
evidence of a criminal (p) If the executive director
act, the executive (m) The complaint is not receives credible
director or the Ethics Ethics Committee will resolved by the evidence that a
Committee will review complaints to committee, the licensee is engaging
determine whether ensure that complaint committee may in acts that pose an
notifying law investigations are recommend that immediate, significant
enforcement is being handled in a disciplinary action or threat of physical or
appropriate, and if so, timely manner and other appropriate emotional harm to the
give such approval to that complaints are action as authorized public, the executive
the appropriate not dismissed without by law be taken, director shall consult
department staff for appropriate including injunctive with the board chair or
implementation. The consideration. The relief or civil penalties. Ethics Committee
members to authorize listed on the agenda evidence does or deny a license
an emergency by the assigned does not support a pursuant to Texas
suspension of the complaint tracking finding of a violation of Occupations Code,
license. number. licensing law or rules, Chapter 53,
or the committee may concerning felony or
(s) Once a (c) Persons request additional misdemeanor
complaint has been who are not information for later convictions, or the
dismissed by the committee members review. If the Act, §505.451(12),
committee, it cannot may observe committee finds that a concerning felony
be reopened. If new committee work social worker has convictions.
significant information unless the committee violated licensing law
emerges about the enters into executive or rules, the (b) The
circumstances of the session for legal committee will following felonies and
dismissed complaint, consultation. consider the misdemeanors relate
a new complaint may Committee members, established policy to licensure as a
be opened. staff, the licensee guidelines and other social worker because
against whom the relevant factors in these criminal
§781.604. Ethics complaint is filed, and recommending offenses indicate a
Committee the person filing the disciplinary action. tendency to be unable
Meetings and complaint may to perform as a social
Policy. participate in (f) All parties worker: a violation of
discussing a to a complaint will be the Act; failure to
(a) The complaint before the notified of the report child abuse or
Ethics Committee will committee. The committee's findings neglect; a
meet regularly to committee chair or and misdemeanor
review and committee by vote recommendations. involving deceptive
recommend action on may impose time business practices; a
complaints filed limitations on §781.605. Informal conviction of assault
against social discussion. Conferences. or sexual assault, and
workers. Additionally, the felony offense of
as requested by the (d) (a) Informal theft. Further, the
respondent, the Department staff will conferences will be board will also
committee will hold report on all scheduled as needed. consider other
informal conferences completed misdemeanors or
to review previous investigations to (b) The felonies as possibly
committee actions. committee members, board's legal counsel indicating an inability
including investigation or an attorney from to perform
(b) results and a the department's appropriately as a
Department staff will summary of staff Office of General social worker.
send an agenda and recommendations for Counsel shall attend
completed reports of disposition. each informal (c) An
complaint conference. applicant or licensee
investigations to (e) The with a criminal
committee members committee will §781.606. Licensing background may
approximately two determine a of Persons with provide or be
weeks prior to each complaint's validity Criminal requested to provide
meeting. The agenda based on the Backgrounds. documentation of
will list all items to be evidence and rehabilitation for the
considered by the information. The (a) The board's consideration.
committee. committee may board may take action
Complaints will be determine that the against a licensee or
 (d) A person §781.608. Informal Placing the agreed
may submit (a) If the Disposition. order on the board
documentation of board suspends a agenda constitutes
rehabilitation, license or specialty (a) If a only a
including court recognition, the licensee agrees to the recommendation for
records and a suspension shall disciplinary action board approval.
summary of the remain in effect for the proposed by the
arresting event and period of time stated Ethics Committee or (3)
the conditions which in the order or until recommended If the licensee or
led to the arrest. the board determines through an informal applicant rejects the
Further, a person may that the reason for the conference, the board proposed
submit documents suspension no longer office or board legal recommendations, the
related to a sentence exists. counsel shall prepare matter shall be
imposed by the court, an agreed order, referred to the
a sentence (b) While on including agreed executive director for
completed, or suspension, the findings of fact and appropriate action.
probation or parole licensee shall comply conclusions of law,
successfully with this chapter's and forward it to the (b) The
completed. It is also renewal requirements, licensee or applicant. board shall notify the
appropriate to submit including paying fees An uncontested licensee or applicant
information attesting and completing Notice of Violation of the date, time, and
to subsequent good continuing education. executed and signed place of the board
behavior, letters from However, the by the respondent meeting at which the
employers or others suspension remains in may serve as the proposed agreed
familiar with the effect pursuant to basis for a board order will be
person's subsection (a) of this order. considered.
accomplishments section. Attendance by the
after being convicted, (1) licensee or applicant
and any other (c) Upon The licensee or is voluntary.
information related to revocation, applicant shall
the applicant's suspension or non- execute the order and (c) Upon an
qualifications for renewal of a license, a return the signed affirmative majority
licensure. licensee shall return order to the board vote, the board shall
his or her license to office within 10 days enter an agreed order
(e) The the board. of receiving the order. approving the
licensee may be If the licensee or accepted
referred to the (d) The applicant fails to recommendations.
appropriate board board may refuse to return the signed The board may not
committee for review renew the license of a order within 10 days, change the terms of a
and determination of person who fails to the inaction shall proposed order but
eligibility or monitoring pay an administrative constitute rejection of may only approve or
requirements. penalty imposed in the recommendations. disapprove an agreed
Licensees referred to accordance with the order unless the
the board are afforded Act unless the (2) licensee or applicant
due process under the enforcement of the If the licensee or is present at the board
APA. penalty is stayed or a applicant signs and meeting and agrees to
court has ordered that accepts the other terms proposed
§781.607. the administrative recommendations, the by the board.
Suspension, penalty is not owed. agreed order shall be
Revocation, or Non- submitted to the entire (d) If the
renewal. board for its approval. board does not
approve a proposed (a) The issues which may send a Notice of
agreed order, the executive director adversely affect the Violation of the Order
licensee or applicant shall maintain a public. The board may to the licensee. The
and the complainant disciplinary action require a licensee on Notice shall include:
shall be so informed. tracking system. monitoring status to
The matter shall be comply with (1)
referred to the (b) Each conditions the board a brief statement of
executive director for licensee who has had specifies. Though the acts or omissions
other appropriate disciplinary action such monitoring is not believed to constitute
action. taken against his or considered a formal a violation, including
her license or disciplinary action, the information sufficient
(e) A specialty recognition licensee must comply to apprise the
proposed agreed shall be required to fully with the board's licensee about the
order is not effective submit regularly order or face possible date and nature of the
until the full board has scheduled reports. formal disciplinary violation;
approved the agreed action levied by the
order. The order shall (c) The board. (2)
then be effective in executive director a statement that,
accordance with the shall review these (e) within 10 days of
APA. monitoring reports Participants of the receiving the Notice,
resulting from formal AMEC program in the licensee must
(f) The board disciplinary action and accordance with respond in writing to
may order a license notify the Ethics §781.411 of this title explain why the
holder to pay the Committee if the (relating to Temporary licensee believes he
consumer a refund as licensee is not License) shall be or she did not violate
an informal meeting the considered to be on the Order, or if such
conference disciplinary monitoring status until violations did occur,
agreement provides, requirements. The released by the board why the disciplinary
instead of or in Ethics Committee and issued a regular action proposed in the
addition to imposing may consider more license. Order should not be
an administrative severe disciplinary imposed; and
penalty. The amount proceedings if the §781.610. Due
of refund ordered in licensee does not Process Following (3)
an informal comply. Violation of an a statement in large
conference Order. bold type that, if the
agreement may not (d) licensee fails to
exceed the amount Regardless of (a) A respond, the
the consumer paid to whether the board has licensee accused of disciplinary action
the license holder for received a formal violating the terms of described in the Order
a service regulated by complaint, the board an Order is not will be imposed, and
the Act and this title. may require entitled to a formal further that additional
The board may not monitoring of a hearing on the matter, disciplinary actions
require payment of licensee who may but is entitled to a may be taken if the
other damages or pose a potential threat degree of due conduct constituting
estimate harm in a to public health or process, as follows. the violation of the
refund order. safety because of Order also violates a
drug or alcohol use, (b) When it board rule or statute:
§781.609. mental or physical appears that the "FAILURE TO
Monitoring of health concerns, licensee has violated RESPOND. YOUR
Licensees. criminal activity or a term of the Order, FAILURE TO
allegations, and other the department will RESPOND, WILL BE
CONSIDERED A disciplinary action Chapter 2001 and the GRANTED BY
WAIVER OF YOUR independent of the State Office of DEFAULT."
RIGHT TO A Order if the alleged Administrative
HEARING. THE conduct may Hearings, Rules of §781.703. Default.
FACTUAL constitute a violation Procedure, 1 Texas
ALLEGATIONS IN of statute or rules. Administrative Code, (a) In this
THIS NOTICE WILL Chapter 155. section, "default"
BE DEEMED SUBCHAPTER G. means the
ADMITTED AS TRUE FORMAL (b) For respondent's failure to
AND THE HEARINGS. purposes of informal appear in person, by
PROPOSED conferences, proper legal representative,
DISCIPLINARY §781.701. Purpose. notice shall include or by telephone on the
ACTION WILL BE These rules, which the name and style of day and at the time
IMPOSED BY cover the hearing the case, the date, set for hearing in a
DEFAULT. procedures and time, and place of the contested case or
ADDITIONAL practices available to informal conference, informal conference,
DISCIPLINARY persons or parties and a short statement or in accordance with
ACTIONS MAY BE who request formal of the purpose of the the notice of hearing
TAKEN." board hearings, conference. or notice of informal
supplement the conference.
(c) When the contested case (c) The
department receives provisions outlined in following statement (b)
the licensee's written the Texas shall be attached to Remedies available
response, the Government Code, the notice of hearing upon default in a
executive director and Chapter 2001, or notice of informal contested case before
board chair will review Administrative conference, in bold, the State Office of
the response and Procedure Act (APA), capital letters of at Administrative
decide whether there and the hearing least 10 point type: Hearings (SOAH).
are sufficient grounds procedures of the "FAILURE TO The Administrative
to find that the Order State Office of APPEAR. YOUR Law Judge (ALJ) shall
was violated and, if Administrative FAILURE TO proceed in the party's
so, whether the Hearings (Texas APPEAR, IN absence and such
disciplinary action Government Code, PERSON OR BY failure to appear shall
provided in the Order Chapter 2003, and REPRESENTATIVE, entitle the department
should be imposed. Rules of Procedure, 1 ON THE ABOVE to seek informal
Texas Administrative DATE, TIME, AND disposition as
(d) The Code, Chapter 155). PLACE, WILL BE provided by the Texas
executive director and CONSIDERED A Government Code,
the board chair shall §781.702. Notice. WAIVER OF YOUR Chapter 2001. The
write and submit their RIGHT TO A ALJ shall grant any
decision to the board (a) Proper HEARING. THE motion by the
for final action. notice of contested FACTUAL department to remove
case proceedings ALLEGATIONS IN the case from the
(e) A before the State THIS NOTICE WILL contested hearing
decision to impose or Office of BE DEEMED docket and allow for
to forego imposing Administrative ADMITTED AS TRUE informal disposition by
disciplinary action Hearings, means AND THE the board.
under the terms of the notice sufficient to PROPOSED
Order does not meet the provisions of DISCIPLINARY (c) Remedies
preclude the board the Texas ACTION WILL BE available upon default
from initiating Government Code, in an informal
conference. The reopen the record subsection (c) of this permitted by statute or
board may proceed to shall be filed with the section may be used. by these actions.
make such informal board prior to the
disposition of the case board's order §781.704. Action (c) Motion for
as it deems proper, as becoming final, after Hearing. rehearing. A motion
if no request for pursuant to the for rehearing shall be
hearing had been provisions of the (a) governed by the APA
received. Texas Government Reopening a hearing or other pertinent
Code. for new evidence. If statute and shall be
(d) The new evidence is filed with the board.
board may enter a (2) offered which was
default judgment by A motion to set aside unobtainable or (d) Appeals.
issuing an order the default order and unavailable at the All appeals from final
against the defaulting reopen the record is time of the hearing, board orders or
party in which the not a motion for and if the board decisions shall be
factual allegations in rehearing and is not deems that this governed by the APA
the notice of violation considered a evidence is necessary or other pertinent
or notice of hearing substitute for a to make a fair, proper statute and shall be
are deemed admitted rehearing motion. determination of the addressed to the
as true without the Filing a motion to set case, the board may board.
requirement of aside the default order reopen a hearing,
submitting additional and reopen has no including the new SUBCHAPTER H.
proof, upon the offer effect on either the evidence as part of SANCTION
of proof that proper statutory time periods the record. The GUIDELINES.
notice was provided to for filing a motion for reopened hearing will
the defaulting party. rehearing, or on the be limited to only such §781.801. Purpose.
time frame for ruling new evidence. All The schedule of
(e) Motion to on a rehearing previously designated sanctions is adopted
set aside and reopen. motion, as provided in parties will be served by rule pursuant to the
The respondent's the Texas official notice of the Act, §505.254. The
timely motion to set Government Code. new hearing. schedule is intended
aside the default order to be used by the
and reopen the record (f) This (b) Final Ethics Committee as
may be granted if the subsection also orders or decisions. a guide in assessing
respondent applies to cases The board or its sanctions for
establishes that where proof exists designee will render violations of the Act or
his/her failure to that notice of hearing the board's final order this chapter. The
attend the hearing, was served at the or decision, in writing. schedule is also
rather than being defaulting party's last The decision will state intended to serve as a
intentional or the known address as the findings of fact guide to
result of conscious shown on the and conclusions administrative law
indifference, was in department's records, required by law, either judges, and as a
fact due to mistake, with no evidence that in the body of the written statement of
accident, or the defaulting party or order, by attachment, applicable rules or
circumstances beyond the defaulting party's or by reference to an policies of the board
the respondent's agent actually ALJ's proposal for pursuant to the
control. received notice. In decision. All final Government Code.
that situation, the orders will be signed The failure of an
(1) default procedures by the board chair, administrative law
A motion to set aside described in and his/her designee, judge (ALJ) to follow
the default order and unless otherwise the schedule may
serve as a basis to How frequently the ameliorate harm or conducted himself or
vacate or modify an violation occurred and make restitution; how herself, particularly in
order pursuant to the over what time period the licensee has the work setting, prior
Government Code. are also important instituted a plan to to and following the
No two disciplinary factors. ensure that future violation; any
cases are the same. violations do not character references;
This schedule is not (2) occur; and how well and any other factors
intended as a The board and ALJ the licensee justice may require.
substitute for can also examine the cooperated with any
thoughtful nature of the violation, investigations and §781.803. Severity
consideration of each as determined by the requests for Level and Sanction
individual disciplinary relationship between information. Guide. The following
matter. the licensee and the severity levels and
person harmed or (4) sanction guides are
§781.802. Relevant exposed to harm. The How to prevent based on the relevant
Factors. vulnerability of the violations is another factors in §781.802 of
person harmed or set of factors worthy this title (relating to
(a) When a exposed to harm is an of consideration. Relevant Factors):
licensee has violated important factor. Determining the
the Act or this chapter, Determining the sanction(s) required to (1) Level
three general factors licensee's culpability deter the licensee One--Revocation of
combine to determine is affected by whether from engaging in license. These
the appropriate the violation was similar violations and violations evidence
sanction: the intentional or to ensure that the the licensee's
licensee's degree of premeditated; licensee abides by the intentional or gross
culpability; the harm reflected the other provisions of the misconduct, cause or
caused or posed; and licensee's blatant Act or this chapter; pose a high degree of
appropriate disregard or gross and sanctions which harm to the public,
deterrence. neglect; resulted from can effectively deter and/or require severe
error or inadvertence; other licensees from punishment to deter
(b) The and/or reflects the making similar the licensee, or other
board and ALJ may licensee's lack of violations are licensees. The fact
consider special character, integrity, considerations that that a license is
factors, but the trustworthiness, or shed light on the ordered revoked does
licensee is honesty. appropriate not necessarily mean
responsible for sanction(s). the licensee can
bringing these (3) never regain
exonerating factors to Another special set of (5) licensure. The board
light for the board or factors deal with the Other miscellaneous may also impose an
ALJ to consider. licensee's personal factors which affect administrative penalty
accountability, decisions on of not less than $250
(1) including the sanctions include the or more than $5,000
The seriousness of licensee's capacity to licensee's for each Level One
the violation can be a admit wrong-doing professional violation. Each day a
special factor. The and accept experience at time of violation continues or
board or ALJ may responsibility; whether violation; whether the occurs is a separate
consider the nature the licensee shows an licensee has violation for the
and extent of harm appropriate degree of previously or purpose of imposing a
caused or risk posed remorse or concern; subsequently violated financial penalty.
to the public health, what efforts the the law and rules; how
safety, or welfare. licensee has taken to the licensee has
 (2) Level (4) Level violation for the §781.805. State
Two--Extended Four--Probated purpose of imposing a Office of
suspension of license. suspension of license. penalty. Administrative
These violations These violations do Hearings. In cases
involve less not involve enough §781.804. Other requiring a hearing,
misconduct, harm, or harm, misconduct, or Disciplinary Actions. the Ethics Committee,
need for deterrence need for deterrence to The Ethics Committee through the executive
than Level One warrant termination of or executive director, director, will issue a
violations, but require licensure, yet are as appropriate, may notice of violation
termination of severe enough to resolve pending letter to the licensee,
licensure for a period warrant monitoring of complaints by issuing and state the severity
of not less than one the licensee to ensure formal advisory letters level and the
year. The board may future compliance. to inform licensees of recommended
also impose an Possible probationary their duties under the sanction, which will
administrative penalty terms are set out as in Act or this chapter, reflect the Ethics
of not less than $250 §781.806 of this title and whether the Committee's judgment
or more than $4,000 (relating to Probation) conduct or omission based on the
for each Level Two and may be ordered relevant to the information available
violation. Each day a as appropriate. The complaint appears to at that time. The
violation continues or board may also violate such duties. evidence presented at
occurs is a separate impose an Advisory letters may a hearing could
violation for the administrative penalty be introduced as indicate a greater or
purpose of imposing a of not less than $250 evidence in any lesser sanction.
penalty. or more than $2,000 subsequent
for each Level Four disciplinary action §781.806.
(3) Level violation. Each day a involving the Probation. If
Three--Moderate violation continues or licensee's acts or probation is ordered
suspension of license. occurs is a separate omissions after the or agreed to, the
These violations violation for the licensee receives the following terms may
involve less purpose of imposing a advisory letters. The be required.
misconduct, harm, or penalty. Ethics Committee or
need for deterrence executive director, as (1) General
than Level Two (5) Level appropriate, may also conditions of
violations, but require Five--Reprimand. issue informal probation.
termination of These violations reminders to
licensure for some involve minor licensees regarding (A)
period of time. The misconduct not other licensing The licensee shall
board may also directly involving the matters. The licensee obey all federal, state
impose an health, safety or is not entitled to a and local laws and
administrative penalty welfare of the hearing on the rules governing social
of not less than $250 particular member of matters addressed in work practice in this
or more than $3,000 the public at issue. the formal advisory state.
for each Level Three The board may also letter or informal
violation. Each day a impose an reminders, but may (B)
violation continues or administrative penalty write a response to be Under penalty of
occurs is a separate of not less than $250 included with such perjury, the licensee
violation for the or more than $1,000 letters in the social shall submit periodic
purpose of imposing a for each Level Five worker's licensing reports as the board
penalty. violation. Each day a records. requests on forms
violation continues or provided by the board,
occurs is a separate stating whether the
licensee has complied respect, the board, except under the (
with all conditions of after giving formal conditions described iii) ensure that the
probation. notice and the in the probation order. supervisor submits
opportunity to be reports to the board
(C) heard, may revoke the (L) on a schedule
The licensee shall licensee's license and A licensee who is determined by the
comply with the specialty recognition required to be board. In each report,
board's probation or take other supervised as a the supervisor must
monitoring program. appropriate condition of initial address the
disciplinary action. licensure, continued supervisee's
(D) The period of licensure, or performance, how
The licensee shall probation shall be disciplinary action closely the supervisee
appear in person for extended until the must: adheres to statutes
interviews with the matter is final. and rules, any special
board or its designee ( circumstances that led
at various intervals (G) i) submit one to the imposition of
and with reasonable The licensee shall supervisory plan for supervision, and
notice. promptly notify in each practice location recommend whether
writing all settings in to the board for the supervisee should
(E) which the licensee approval by the board continue licensure. If
If the licensee leaves practices social work or executive the supervisor does
this state to reside or of his or her director/designee not recommend the
to practice outside the probationary status. within 30 days of supervisee for
state, the licensee initiating supervision; continued licensure,
must notify the board (H) the supervisor must
in writing of the dates While on probation, ( provide specific
of departure and the licensee shall not ii) submit a current job reasons for not
return. Periods of act as a supervisor or description from the recommending the
practice outside this gain any hours of agency in which the supervisee. The board
state will not count supervised practice social worker is may consider the
toward the time of this required for any employed with a supervisor's
probationary period. board-issued license. verification of reservations as it
The social work authenticity from the evaluates the
licensing authorities of (I) agency director or his supervision
the jurisdiction to The licensee is or her designee on verification the
which the licensee is responsible for paying agency letterhead or supervisee submits;
moving or has moved the costs of complying submit a copy of the and
must be promptly with conditions of contract or
notified of the probation. appointment under (
licensee's which the licensee iv) notify the board
probationary status in (J) intends to work, along immediately if there is
this state. The The licensee shall with a statement from a disruption in the
probationary period comply with the the potential supervisory
will resume when the renewal requirements supervisor that the relationship or change
licensee returns to the in the Act and the supervisor has in practice location
state to reside or board rules. reviewed the contract and submit a new
practice. and is qualified to supervisory plan
(K) supervise the licensee within 30 days of the
(F) A licensee on in the setting; break or change in
If the licensee violates probation shall not practice location.
probation in any practice social work
 (2) Special (D) (F) approval of the
Conditions. At the Body Fluid or Hair Community Service. treating physician, the
board's discretion, Follicle Testing. The Within (example: 60) licensee shall undergo
one or more special licensee shall days of the effective and continue medical
conditions of immediately submit to date of the order, the treatment until further
probation may appear appropriate testing, at licensee shall submit notice from the board.
in the board's the licensee's cost, to the board for its The licensee shall
disciplinary order that upon the board's prior approval a have the treating
places a licensee on written request or community service physician submit
probation. Those order. program in which the periodic reports to the
special conditions and licensee shall provide board as the board
example wording are (E) free regular social directs. In cases
described in the Rehabilitation work services to a where the evidence
following Program. Within community or demonstrates that
subparagraphs of this (example: 30) days of charitable facility or medical illness or
paragraph. the effective date of agency for at least disability was a
the order, the licensee (example: 20) hours a contributing cause of
(A) shall submit to the month for the first the violations, the
Actual Suspension. As board for its prior (example: 24) months licensee shall not
part of probation, the approval a of probation. engage in the practice
license is suspended rehabilitation program of social work until the
for a period of in which the licensee (G) board notifies the
(example: one) year shall participate at Medical Evaluation licensee that the
beginning the least weekly for at Treatment. Within board has determined
effective date of this least (example: 50) (example: 30) days of that the licensee is
order. weeks of the calendar the effective date of medically fit to
year for the duration the order, and practice safely.
(B) of probation. In the periodically thereafter
Drug/Medication Use. periodic reports to the as the board or its (H)
The licensee shall board, the licensee designee may require, Psychosocial/Psychol
abstain completely shall document the licensee shall ogical/Psychiatric
from using or continuing undergo a medical Evaluation. Within
possessing controlled participation in this evaluation by a (example: 30) days of
substances and program, including the licensed physician the effective date of
dangerous drugs as dates of the weekly who shall furnish a the decision, and
defined by law, or any meetings attended medical report to the periodically thereafter
drugs requiring a and the address of board or its designee. as required by the
prescription except each meeting. At the If the board or its board or its designee,
those medications end of the required designee requires the the licensee shall
which a licensed period, the licensee to undergo undergo evaluation by
physician lawfully rehabilitation program medical treatment, the a licensed
prescribes for a bona director shall licensee shall, within professional (social
fide illness or document to the (example: 30) days of worker, psychologist,
condition. board that the license the requirement or psychiatrist)
has completed the notice, submit to the selected by the board.
(C) program and has board for its prior The evaluator shall
Alcohol. The licensee made arrangements approval the name furnish a written report
shall abstain for appropriate follow- and qualifications of a to the board or its
completely from using up. physician of the designee regarding
alcoholic beverages. licensee's choice. the licensee's
Upon the board's judgment and ability
to function Within (example: 30) is responsible for (K)
independently and days of the effective assuring that the Psychotherapy. Within
safely as a social date of this order, the required reports are (example: 60) days of
worker and any other licensee shall submit filed in a timely the effective date of
information the board to the board for its fashion. The licensee the order, the licensee
may require. The prior approval the shall give the shall submit to the
licensee shall pay all name and supervisor access to board for its prior
evaluation costs. The qualifications of three the licensee's fiscal approval the name
licensee shall execute proposed supervisors. and client records. and qualifications of
a release of Each proposed The supervisor shall one or more
information supervisor shall be be independent, with therapists of the
authorizing the licensed in good no current or prior licensee's choice. The
evaluator to release standing and be a business, professional therapist shall
all information to the board-approved or personal possess a valid
board. The board will supervisor with relationship with the license and shall have
treat the evaluation as expertise in the licensee. The licensee had no current or prior
confidential. If the licensee's field of shall not practice until business, professional
evidence practice. The the board has or personal
demonstrates that supervisor must approved the relationship with the
physical illness or review and maintain a designated supervisor licensee. Upon the
mental illness was a copy of the board and so notified the board's approval, the
contributing cause of order and must licensee. If the licensee shall undergo
the violations, the ensure that the supervisor ceases and continue
licensee shall not supervisory content supervision, the treatment, for which
engage in the practice relates to the licensee shall not the licensee pays all
of social work until the licensee's practice until the costs, until the board
board determines that rehabilitation and board has approved a determines that no
the licensee is fitness for practice. new supervisor. The further psychotherapy
medically fit to The supervisor shall supervisor and is necessary. The
practice safely and so submit to the board licensee shall inform licensee shall execute
notifies the licensee. quarterly written the board in writing a release of
reports (or other time within 10 business information
(I) periods the board may days of supervision authorizing the
Ethics Course. Within specify), verifying that termination, or any therapist to divulge
(example: 60) days of the supervisor and substantive change to information to the
the effective date of supervisee have met the supervision plan; board, and will have
the order, the licensee together in the same these changes are the treating
shall select and geographical location subject to the board's psychotherapist
submit to the board or to engage in required approval. Board- submit periodic
its designee for prior supervision of at least ordered supervision reports as the board
approval a course in one hour per week (or shall comply with requires. If the
(example: ethics), other time periods the relevant requirements therapist believes the
which the licensee board may specify), in of §781.404 of this licensee cannot safely
shall take and individual face-to-face title (relating to continue to render
successfully complete meetings, and Recognition as a services, the
as directed by the including an Board-approved therapists will notify
board. evaluation of the Supervisor and the the board
licensee's Supervision Process) immediately.
(J) performance. The as well as all other
Supervision of the licensee will bear all laws and rules. (L)
Licensee's Practice. supervision costs and Education. The
licensee shall disposition report set forth in the board board-approved peer
successfully complete concerning whether order, including assistance program to
any remedial the licensee periodic reports, until serve an impaired
education the board completed the the Ethics Committee licensee if the board
requires. program and has reviews and disposes or a board committee
made arrangements of the case. approves such
(M) for appropriate follow- intervention or makes
Take and Pass up. If a licensee does §781.808. Peer such intervention a
Licensure not complete the Assistance condition of board-
Examinations. The program, the board or Program. ordered sanction, as a
licensee shall take board committee will condition of continued
and pass the determine an (a) The licensure, or if the
licensure examination appropriate sanction. board shall establish licensee
currently required of criteria for a peer acknowledges
new applicants for the (O) assistance program to impairment and
license possessed by Other Conditions. The help impaired requests peer
the licensee. The board may order other professionals. Any assistance services.
licensee shall pay the terms of probation as peer assistance
established may be appropriate. program wishing to (d) The
examination fee. serve licensees will board does not waive
§781.807. Release submit evidence to authority to conduct
(N) from Probation. the board that the ethics investigations
Peer Assistance program meets board or impose sanctions
Program. Within (a) If the criteria. The board against a licensee
(example: 30) days of executive director may approve a peer who is in a peer
the effective date of believes that a assistance program, assistance program.
the order, the licensee licensee has satisfied and may rescind such
shall participate in a the terms of approval. (e) Any
board-approved Peer probation, the licensee who enters
Assistance Program executive director (b) The evaluation, treatment,
in which the licensee shall report to the board has the or monitoring by a
shall participate at Ethics Committee the authority to request board-approved peer
least (example: status of the that a licensee be assistance program is
weekly) for at least licensee's probation. evaluated by an obligated to pay the
(example: 50) weeks appropriate substance costs incurred by this
of the calendar year (b) If the abuse or mental intervention directly to
for the duration of executive director health provider, and the peer assistance
probation. In the does not believe that reserves the right to program. Neither the
periodic reports to the the licensee has choose the provider. board nor the
board, the licensee successfully The licensee will pay department will collect
shall document completed probation, the costs of such such costs from the
continuing the executive director evaluation directly to licensee, nor serve as
participation in this shall so notify the the provider. The an intermediary for
program, including the licensee and shall board may use the such payments.
dates of the meetings refer the matter to the evaluation results in
attended and the Ethics Committee for determining the (f) The
address of each review and licensee's fitness to board-approved peer
meeting. The program recommendations. practice. assistance program
shall also submit The licensee shall shall submit reports of
periodic progress continue supervision (c) The board the licensee's
reports and a final and all requirements will recognize a progress in a time
frame that the board
specifies. The
program shall also
submit a final
disposition report
concerning whether
the licensee
completed the
program. If the
licensee does not
complete the
program, the board or
board committee will
determine an
appropriate sanction.

(g) A
licensee who knows
or suspects that
another licensee
under the board's
jurisdiction is impaired
by alcohol, chemical,
or mental illness is
required to report this
information to the
board within 30 days
for investigation.