reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 504 - Chemical Dependency Counselors › Subchapter G. Administrative Penalty › Section 504.307. Options Following Decision: Pay or Appeal

Sec. 504.307.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the department's order becomes final, the person shall:
(1)  pay the administrative penalty;
(2)  pay the penalty and file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both; or
(3)  without paying the penalty, file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both.
(b)  Within the 30-day period, a person who acts under Subsection (a)(3) may:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account; or
(B)  giving to the court a supersedeas bond approved by the court that:
(i)  is for the amount of the penalty; and
(ii)  is effective until judicial review of the order is final; or
(2)  request the court to stay enforcement of the penalty by:
(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and
(B)  giving a copy of the affidavit to the department by certified mail.
(c)  If the department receives a copy of an affidavit under Subsection (b)(2), the department may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.
(d)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 18, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 504 - Chemical Dependency Counselors › Subchapter G. Administrative Penalty › Section 504.308. Determination by Court

Sec. 504.308.  DETERMINATION BY COURT.  (a)  If the court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced penalty.
(b)  If the court does not sustain the determination that a violation occurred, the court shall order that a penalty is not owed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 504 - Chemical Dependency Counselors › Subchapter G. Administrative Penalty › Section 504.309. Remittance of Penalty and Interest

Sec. 504.309.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If after judicial review the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final:
(1)  order that the appropriate amount be remitted to the person if the person paid the penalty, plus accrued interest if the person paid the penalty under Section 504.307(a)(2);  or
(2)  order the release of the bond in full if the penalty is not imposed or order the release of the bond after the person pays the penalty imposed if the person posted a supersedeas bond.
(b)  The interest paid under Subsection (a)(1) is the rate charged on loans to depository institutions by the New York Federal Reserve Bank.  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 504 - Chemical Dependency Counselors › Subchapter G. Administrative Penalty › Section 504.310. Collection of Penalty

Sec. 504.310.  COLLECTION OF PENALTY.  (a)  In this section, "reasonable expenses and costs" includes expenses incurred by the department and the attorney general in the investigation, initiation, or prosecution of an action, including reasonable investigative costs, court costs, attorney's fees, witness fees, and deposition expenses.
(b)  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed under Section 504.307, the department may refer the matter to the attorney general for collection of the penalty.
(c)  The department may assess reasonable expenses and costs against a person in an administrative hearing if, as a result of the hearing, an administrative penalty is assessed against the person.  The person shall pay expenses and costs assessed under this subsection not later than the 30th day after the date the order of the department requiring the payment of expenses and costs is final.  The department may refer the matter to the attorney general for collection of expenses and costs.
(d)  If the attorney general brings an action against a person to enforce an administrative penalty assessed under this chapter and the person is found liable for the administrative penalty, the attorney general may recover, on behalf of the attorney general and the department, reasonable expenses and costs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 19, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.118, eff. April 2, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 504 - Chemical Dependency Counselors › Subchapter G. Administrative Penalty › Section 504.311. Administrative Procedure

Sec. 504.311.  ADMINISTRATIVE PROCEDURE.  A proceeding to assess an administrative penalty under this subchapter is subject to Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 504 - Chemical Dependency Counselors › Subchapter H. Other Penalties and Enforcement Provisions › Section 504.351. Injunctive Relief; Civil Penalty

Sec. 504.351.  INJUNCTIVE RELIEF;  CIVIL PENALTY.  (a)  If it appears that a person has violated, is violating, or is threatening to violate this chapter or a rule adopted under this chapter, the department or the attorney general at the request of the department may institute an action in district court for an injunction, a civil penalty, or both.
(b)  On application for injunctive relief and a finding that a person is violating or threatening to violate this chapter or a rule adopted under this chapter, the district court may grant injunctive relief as the facts warrant.  The department is not required to give an appeal bond in an appeal of an action seeking injunctive relief under this section.
(c)  The amount of a civil penalty imposed under this section may not be less than $50 or more than $500 for each day of the violation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 20, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter A. General Provisions › Section 505.001. Short Title

Sec. 505.001.  SHORT TITLE.  This chapter may be cited as the Social Work Practice Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 892, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter A. General Provisions › Section 505.002. Definitions

Sec. 505.002.  DEFINITIONS.  In this chapter:
(1)  "Board" means the Texas State Board of Social Worker Examiners.
(2)  "Council on Social Work Education" means the national organization that is primarily responsible for the accreditation of schools of social work in the United States or its successor approved by the executive council.
(3)  "Executive council" means the Texas Behavioral Health Executive Council.
(4)   "Licensed baccalaureate social worker" means a person who holds a baccalaureate social worker license issued under this chapter.
(5)  "Licensed clinical social worker" means a person who holds a clinical social worker license issued under this chapter.
(6)  "Licensed master social worker" means a person who holds a master social worker license issued under this chapter.
(7)  "Licensed social worker" means a person who holds a social worker license issued under this chapter.
(8)  "Social worker" means a person who holds any license issued under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 892, Sec. 2, 37, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 707 (S.B. 415), Sec. 1, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.318(8), eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.082, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter A. General Provisions › Section 505.0025. Practice of Social Work

Sec. 505.0025.  PRACTICE OF SOCIAL WORK.  (a)  The practice of social work is the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, or communities.
(b)  The practice of social work may include the provision of individual, conjoint, family, and group psychotherapy using the Diagnostic and Statistical Manual of Mental Disorders, the International Classification of Diseases, and other diagnostic classification systems in assessment, diagnosis, treatment, and other activities by a person licensed under this chapter.
Added by Acts 2003, 78th Leg., ch. 892, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter A. General Provisions › Section 505.003. Applications and Exemptions

Sec. 505.003.  APPLICATIONS AND EXEMPTIONS.
(a)  This chapter does not apply to:
(1)  an activity conducted or a service performed by a person who is licensed, certified, or registered in a profession other than social work, including a physician, attorney, registered nurse, licensed vocational nurse, psychologist, occupational therapist, licensed marriage and family therapist, licensed chemical dependency counselor, or licensed professional counselor, if:
(A)  the activity or service is conducted or performed within the scope of the person's license, certificate, or registration;
(B)  the person does not use a title listed in Section 505.351; and
(C)  the person does not:
(i)  represent the service as social work;
(ii)  represent that the person is a social worker; or
(iii)  use a title that implies that the person is licensed in social work;
(2)  a service performed by a person as a volunteer or staff member if the person does not:
(A)  represent the service as social work;
(B)  represent the person as a social worker; or
(C)  use a title that implies that the person is licensed in social work;
(3)  an activity conducted by a social work student, intern, or trainee in connection with an institution of higher education accredited by the Council on Social Work Education; or
(4)   an activity conducted or a service performed by a pastoral care counselor who is acting within the person's ministerial capabilities and who does not use a title that implies that the counselor is licensed in social work, including:
(A)  a Christian Science practitioner who is recognized by the Church of Christ Scientist as registered and published in the Christian Science Journal; and
(B)  any other recognized religious practitioner.
(b)  This chapter does not require a public agency or private employer, including a nonprofit corporation, to employ a person licensed under this chapter.
(c)  A person who teaches social work at an institution of higher education or a private or independent institution of higher education as those terms are defined by Section 61.003, Education Code, is not required to hold a license under this chapter to the extent the person confines the person's activities to teaching and does not otherwise engage in the practice of social work.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 892, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 707 (S.B. 415), Sec. 2, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1141 (H.B. 1797), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter A. General Provisions › Section 505.004. Nondiscriminatory Actions and Decisions

Sec. 505.004.  NONDISCRIMINATORY ACTIONS AND DECISIONS.  An action taken or a decision made under this chapter, including an action or a decision relating to a license application, examination, regulation, or disciplinary proceeding, shall be taken or made without regard to sex, race, religion, national origin, color, or political affiliation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter B. Texas State Board of Social Worker Examiners › Section 505.101. Board; Membership

Sec. 505.101.  BOARD;  MEMBERSHIP.  (a)  The Texas State Board of Social Worker Examiners consists of nine members appointed by the governor with the advice and consent of the senate as follows:
(1)  two members who are licensed master social workers;
(2)  two members who are licensed baccalaureate social workers;
(3)  two members who are licensed clinical social workers;  and
(4)  three members who represent the public.
(b)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 892, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 707 (S.B. 415), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter B. Texas State Board of Social Worker Examiners › Section 505.102. Public Membership Eligibility

Sec. 505.102.  PUBLIC MEMBERSHIP ELIGIBILITY.  (a)  A public member of the board may not:
(1)  be licensed under this chapter; or
(2)  have an interest in the practice of social work other than as a consumer.
(b)  A person is not eligible for appointment as a public member of the board if:
(1)  the person is registered, certified, or licensed by an occupational regulatory agency in the field of health care;
(2)  the person's spouse is registered, certified, or licensed by an occupational regulatory agency in the field of mental health; or
(3)  the person or the person's spouse:
(A)  is employed by or participates in the management of a business entity or other organization regulated by or receiving funds from the board or executive council;
(B)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving funds from the board or executive council; or
(C)  uses or receives a substantial amount of tangible goods, services, or funds from the board or executive council, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 707 (S.B. 415), Sec. 5, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.083, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter B. Texas State Board of Social Worker Examiners › Section 505.103. Membership Restrictions

Sec. 505.103.  MEMBERSHIP RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the board if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of mental health.
(c)  A person may not be a member of the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 707 (S.B. 415), Sec. 6, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.084, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.085, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter B. Texas State Board of Social Worker Examiners › Section 505.104. Terms; Vacancy

Sec. 505.104.  TERMS;  VACANCY.  (a)  Members of the board serve staggered six-year terms.  The terms of one-third of the members expire February 1 of each odd-numbered year.
(b)  A person who is appointed to fill a vacancy on the board shall serve as a board member for the remainder of the unexpired term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter B. Texas State Board of Social Worker Examiners › Section 505.105. Grounds for Removal

Sec. 505.105.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board that a member:
(1)  does not have at the time of taking office the qualifications required by Sections 505.101 and 505.102(a);
(2)  does not maintain during service on the board the qualifications required by Sections 505.101 and 505.102(a);
(3)  is ineligible for membership under Section 505.103;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and attorney general that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 707 (S.B. 415), Sec. 7, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter B. Texas State Board of Social Worker Examiners › Section 505.106. Expense Reimbursement

Sec. 505.106.  EXPENSE REIMBURSEMENT.  Each board member is entitled to reimbursement for expenses incurred in traveling to and from the business of the board at the rates provided in the General Appropriations Act for state employees.  A member may not receive actual or necessary expenses except for travel to and from meetings.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter B. Texas State Board of Social Worker Examiners › Section 505.107. Officers

Sec. 505.107.  OFFICERS.  (a)  The governor shall designate one board member as presiding officer.  The presiding officer serves in that capacity at the will of the governor.
(b)  The board shall elect other officers at the first regular meeting of the board each year.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter B. Texas State Board of Social Worker Examiners › Section 505.108. Meetings

Sec. 505.108.  MEETINGS.  (a)  The board shall hold a meeting at least once a year.
(b)  The board may hold other regular meetings as provided by board rule and special meetings as determined by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter B. Texas State Board of Social Worker Examiners › Section 505.109. Training

Sec. 505.109.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing board operations;
(2)  the programs, functions, rules, and budget of the board;
(3)  the scope of and limitations on the rulemaking authority of the board;
(4)  the types of board rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the board regulates, including any rule, interpretation, or enforcement action that:
(A)  regulates the scope of practice of persons in a profession or business the board regulates;
(B)  restricts advertising by persons in a profession or business the board regulates;
(C)  affects the price of goods or services provided by persons in a profession or business the board regulates; or
(D)  restricts participation in a profession or business the board regulates;
(5)  the results of the most recent formal audit of the board;
(6)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosure of conflicts of interest; and
(B)  other laws applicable to members of the board in performing their duties; and
(7)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director of the executive council shall create a training manual that includes the information required by Subsection (b). The executive director shall distribute a copy of the training manual annually to each board member. Each member of the board shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 707 (S.B. 415), Sec. 8, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.086, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter D. Powers and Duties › Section 505.201. General Rulemaking and Enforcement Authority of Executive Council

Sec. 505.201.  GENERAL RULEMAKING AND ENFORCEMENT AUTHORITY OF EXECUTIVE COUNCIL.  (a)  The executive council may:
(1)  adopt and enforce rules necessary to perform the executive council's duties under this chapter;
(2)  establish standards of conduct and ethics for license holders; and
(3)  ensure strict compliance with and enforcement of this chapter.
(b)   The executive council by rule may define a term not defined under Section 505.002 if a definition is necessary to administer or enforce this chapter.
(c)  For each type of license issued under this chapter, the executive council shall establish:
(1)  the minimum eligibility requirements;
(2)  educational requirements;
(3)  professional experience criteria;
(4)  supervision requirements; and
(5)  independent practice criteria.
(d)  The executive council shall establish procedures for recognition of independent practice.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 431, Sec. 1, eff. May 28, 2001;  Acts 2003, 78th Leg., ch. 892, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.119, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.087, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter D. Powers and Duties › Section 505.2015. Board Duties

Sec. 505.2015.  BOARD DUTIES.  The board shall propose to the executive council:
(1)  rules regarding:
(A)  the qualifications necessary to obtain a license or order of recognition of specialty, including rules limiting an applicant's eligibility for a license or order based on the applicant's criminal history;
(B)  the scope of practice of and standards of care and ethical practice for social work; and
(C)  continuing education requirements for license holders or holders of orders of recognition of specialty; and
(2)  a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.088, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter D. Powers and Duties › Section 505.206. Roster of Independent Social Workers

Sec. 505.206.  ROSTER OF INDEPENDENT SOCIAL WORKERS.  The executive council shall publish a roster of persons recognized under Section 505.307 as qualified for the independent practice of social work.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 892, Sec. 8, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.089, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter F. Specialty Areas of Social Work › Section 505.301. Establishment of Specialty Area

Sec. 505.301.  ESTABLISHMENT OF SPECIALTY AREA.  (a)  The executive council may establish within the scope of social work practice and this chapter specialty areas of social work for license holders under this chapter who are licensed in good standing if establishment of the specialty areas:
(1)  is necessary to promote the public interest; and
(2)  assists the public in identifying qualified persons in a social work practice specialty.
(b)  The executive council may not authorize a specialty area within the practice of social work unless the executive council sets the minimum qualifications for social work practice with appropriate supervision and examination, as determined by the executive council.
(c)  The executive council may not establish a specialty area of social work or a specialty area identification that conflicts with a state licensing law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 892, Sec. 11, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.090, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter F. Specialty Areas of Social Work › Section 505.302. Regulation of Specialty Areas

Sec. 505.302.  REGULATION OF SPECIALTY AREAS.  (a)  In establishing a specialty area of social work, the executive council shall:
(1)  define the scope of the specialty;
(2)  establish qualifications for specialty area practitioners that describe, in accordance with Subdivision (1), the scope of the specialty area;
(3)  adopt rules of conduct to ensure strict compliance with and enforcement of this chapter; and
(4)  adopt rules for the suspension or revocation of an order of recognition of specialty.
(b)  A person who is not recognized as satisfying the qualifications for a specialty area may not practice in the specialty area.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.091, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter F. Specialty Areas of Social Work › Section 505.303. Clinical Social Work Specialty

Sec. 505.303.  CLINICAL SOCIAL WORK SPECIALTY.  (a)  The executive council shall establish a specialty area for the practice of clinical social work that is available only to a licensed master social worker who satisfies the minimum number of years of active social work practice with appropriate supervision and clinical examination, as determined by the executive council.
(b)  A person may not use the title "Licensed Clinical Social Worker" or the initials "LCSW" unless the person is recognized as qualified for the independent practice of clinical social work.
(c)  For purposes of Subchapter C, Chapter 1451, Insurance Code:
(1)  a person recognized as qualified for the independent practice of clinical social work may use the title "Licensed Clinical Social Worker" or another title approved by the executive council; and
(2)  a title approved by the executive council under this subsection has the same meaning and effect as the title "Licensed Clinical Social Worker."
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 892, Sec. 12, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.148, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.092, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter F. Specialty Areas of Social Work › Section 505.304. Order of Recognition of Specialty

Sec. 505.304.  ORDER OF RECOGNITION OF SPECIALTY.  (a)  The executive council shall prescribe the name, design, and content of an order of recognition of specialty.
(b)  An order of recognition of specialty must:
(1)  state the full name of the person recognized in the order; and
(2)  state the official specialty serial number.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.093, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter F. Specialty Areas of Social Work › Section 505.305. Recognition of Specialty; Issuance of Order

Sec. 505.305.  RECOGNITION OF SPECIALTY;  ISSUANCE OF ORDER.  (a)  The executive council shall recognize a social worker as qualified for the practice of a specialty area of social work if the social worker satisfies the recognition requirements established by the executive council and the executive council determines that the person is worthy of the public trust in performing services within the scope of the specialty area.
(b)  The executive council shall issue an order of recognition of specialty to a social worker who is recognized as qualified for the practice of a specialty area of social work.  The order of recognition of specialty evidences the state's recognition of the social worker as a specialty social work practitioner under the identification or title designated by the executive council.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 892, Sec. 13, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.094, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter F. Specialty Areas of Social Work › Section 505.306. Prohibited Use of Specialty Area Identification or Title

Sec. 505.306.  PROHIBITED USE OF SPECIALTY AREA IDENTIFICATION OR TITLE.  If the executive council establishes a specialty area of social work, a social worker may not use the specialty area identification or title designated by the executive council unless the person is recognized as qualified for the practice of the specialty area under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 892, Sec. 13, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.095, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter F. Specialty Areas of Social Work › Section 505.307. Independent Practice Recognition; Minimum Qualifications

Sec. 505.307.  INDEPENDENT PRACTICE RECOGNITION;  MINIMUM QUALIFICATIONS.  (a)  The executive council shall establish procedures for recognizing a social worker qualified for the independent practice of social work.
(b)  A social worker may not be recognized as qualified for the independent practice of social work unless the person satisfies the requirements of social work education, experience, and supervision as determined by the executive council.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 892, Sec. 13, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.096, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter G. License Requirements › Section 505.351. License Required

Sec. 505.351.  LICENSE REQUIRED.  (a)  A person may not use or cause to be used the title "social worker," "licensed baccalaureate social worker," "licensed master social worker," "licensed clinical social worker," or "licensed social worker," or any combination, variation, or abbreviation of those titles, as a professional or business identification, representation, asset, or means of obtaining a benefit unless the person holds an appropriate license issued under this chapter.
(b)  A person may not use a title that implies that the person holds a license in social work unless the person holds an appropriate license issued under this chapter.
(c)  A person who engages in or attempts to engage in conduct described by this section is considered to be engaged in the practice of social work.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 892, Sec. 13, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter G. License Requirements › Section 505.352. License Application

Sec. 505.352.  LICENSE APPLICATION.  A person may apply for a license under this chapter by submitting an application to the executive council.  The application must:
(1)  be on a form prescribed by the executive council; and
(2)  contain statements made under oath regarding the applicant's education and experience and any other information required by the executive council that qualifies the applicant for a license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.097, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter G. License Requirements › Section 505.353. Eligibility

Sec. 505.353.  ELIGIBILITY.  (a)  To be eligible for a license under this chapter, an applicant must:
(1)  be at least 18 years of age;
(2)  be worthy of the public trust and confidence;
(3)  satisfy the education and experience requirements
under this section; and
(4)  pass the licensing examination conducted by the executive council under Section 505.354 and the jurisprudence examination conducted by the executive council under Section 505.3545.
(b)  An applicant may take the licensing examination conducted by the executive council under Section 505.354 for:
(1)  a master social worker license if the applicant possesses a doctoral or master's degree in social work from a graduate program that is accredited by or is in candidacy for accreditation by the Council on Social Work Education;
(2)  a baccalaureate social worker license if the applicant possesses a baccalaureate degree in social work from an educational program that is accredited by or is in candidacy for accreditation by the Council on Social Work Education; or
(3)  a clinical social worker license if the applicant possesses a doctoral or master's degree in social work from an accredited graduate program approved by the executive council and meets the qualifications for clinical social work practice as determined by the executive council under this chapter.
(c)  The executive council may require an applicant to submit documentary evidence of the quality, scope, and nature of the applicant's experience and competence to:
(1)  determine the credibility and acceptability of the applicant's professional or technical experience or competence; and
(2)  ensure the public safety, health, and welfare.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.269(a), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 892, Sec. 14, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 707 (S.B. 415), Sec. 18, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1141 (H.B. 1797), Sec. 2, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.098, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter G. License Requirements › Section 505.354. Examination

Sec. 505.354.  EXAMINATION.  (a)  The board shall prepare an examination to assess an applicant's qualifications for a license under this chapter. The executive council shall administer the examination at least once each calendar year.
(b)  Each license examination shall be conducted in a manner that is determined by the executive council and is fair and impartial to each applicant and school or system of social work.
(c)  Applicants may be known to the examiners only by numbers until after the general averages of the applicants' numbers in the class are determined and licenses are issued or denied.
(d)  To maintain the highest standards in the social work profession, the scope and content of each examination must be sufficient to ensure professional efficacy and competence.
(e)  The executive council shall have the written portion of the examination, if any, validated by an independent testing entity.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.099, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter G. License Requirements › Section 505.3545. Jurisprudence Examination

Sec. 505.3545.  JURISPRUDENCE EXAMINATION.  (a)  The board shall develop a jurisprudence examination to determine an applicant's knowledge of this chapter, rules adopted under this chapter, and any other applicable laws of this state affecting the applicant's social work practice. The executive council shall administer the examination at least twice each calendar year.
(b)  The executive council shall adopt rules to implement this section, including rules related to the development and administration of the examination, examination fees, guidelines for reexamination, grading the examination, and providing notice of examination results.
Added by Acts 2005, 79th Leg., Ch. 707 (S.B. 415), Sec. 19, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.100, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter G. License Requirements › Section 505.357. Temporary License

Sec. 505.357.  TEMPORARY LICENSE.  (a)  The executive council shall issue a temporary license to an applicant who:
(1)  has not taken the licensing examination under Section 505.354 or the jurisprudence examination under Section 505.3545; and
(2)  satisfies the requirements for obtaining a license under this chapter other than passing the licensing and jurisprudence examinations.
(b)  A temporary license is valid until the results of the first appropriate licensing and jurisprudence examinations given after the date the license is issued are available.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 707 (S.B. 415), Sec. 20, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.101, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter G. License Requirements › Section 505.3575. Issuance of Licenses to Certain Out-of-State Applicants

Sec. 505.3575.  ISSUANCE OF LICENSES TO CERTAIN OUT-OF-STATE APPLICANTS.  (a)  Notwithstanding any other licensing requirement of this subchapter:
(1)  the executive council may not require an applicant who is licensed in good standing in another state to pass a licensing examination conducted by the executive council under Section 505.354 if an applicant with substantially equivalent experience who resides in this state would not be required to take the licensing examination; and
(2)  the executive council may issue a license to an applicant who is currently licensed in another state to independently practice social work if:
(A)  after an assessment, the executive council determines that the applicant:
(i)  demonstrates sufficient experience and competence;
(ii)  has passed the jurisprudence examination conducted by the executive council under Section 505.3545; and
(iii)  at the time of the application, is in good standing with the regulatory agency of the state in which the applicant is licensed; and
(B)  the applicant presents to the executive council credentials that the applicant obtained from a national accreditation organization and the executive council determines that the requirements to obtain the credentials are sufficient to minimize any risk to public safety.
(b)  When assessing the experience and competence of an applicant for the purposes of this section, the executive council may take into consideration any supervision received by the applicant in another state or jurisdiction if the executive council determines that the supervision would be taken into consideration for the purpose of licensing or certification in the state or jurisdiction in which the applicant received the supervision.
Added by Acts 2005, 79th Leg., Ch. 707 (S.B. 415), Sec. 21, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.102, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter G. License Requirements › Section 505.358. Provisional License

Sec. 505.358.  PROVISIONAL LICENSE.  (a)  A person may apply for a provisional license as a social worker by paying the appropriate fee and filing an application with the executive council.  The executive council may issue a provisional license to a person who meets the requirements of this section.
(b)  An applicant for a provisional license must:
(1)  be licensed or certified in good standing as a social worker in another state or jurisdiction that has licensing or certification requirements determined by the executive council to be substantially equivalent to the requirements of this chapter;
(2)  have passed a national or other examination recognized by the executive council relating to the practice of social work; and
(3)  be sponsored by a person licensed under this chapter with whom the provisional license holder may practice social work.
(c)  An applicant is not required to comply with Subsection (b)(3) if the executive council determines that compliance constitutes a hardship to the applicant.
(d)  A provisional license is valid until the date the executive council approves or denies the provisional license holder's application for a license under Section 505.359.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 892, Sec. 15, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.103, eff. September 1, 2019.