reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter C - APPLICATION AND LICENSING › Section 681.81 - General Academic Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The Council will accept as meeting
				  academic requirements graduate degrees from accredited schools that meet the
				  requirements of §
										681.82 of
				  this title (relating to Academic Requirements) and §
										681.83 of
				  this title (relating to Academic Course Content).
(b) Degrees and course work received at
				  foreign universities will be acceptable only if such course work would be
				  counted as transfer credit by an accredited school. The applicant must provide
				  the Council with documents and evidence to establish his or her formal
				  education is equivalent to at least a master's degree granted by an accredited
				  school. In order to meet this requirement the applicant must comply with
				  Council § 882.11 of this title (relating to Applicants with Foreign
				  Degrees).
(c) Applicants must
				  provide upon request a course description from an official school catalog or
				  bulletin or a course syllabus to substantiate the relevance of the course to
				  the academic requirements of §
										681.83 of
				  this title.
(d) The Council will
				  not consider undergraduate level courses as meeting any academic requirements
				  for licensure unless the applicant's official transcript clearly shows the
				  course was awarded graduate credit by the school.
(e) The Council will consider courses for
				  which an applicant's official transcript indicates a passing grade or credit
				  was earned.
(f) In evaluating
				  transcripts, the Council will consider a quarter hour of academic credit as
				  two-thirds of a semester hour.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter C - APPLICATION AND LICENSING › Section 681.82 - Academic Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Persons
				  applying for licensure must have a graduate degree in counseling or a
				  counseling-related field of:
(1) at least 48
				  semester hours of coursework in a counseling or counseling-related field for
				  applicants who began the qualifying program before August 1, 2017;
				  and
(2) at least 60 semester hours
				  of coursework in a counseling or counseling-related field for applicants who
				  began the qualifying program on or after August 1, 2017.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter C - APPLICATION AND LICENSING › Section 681.83 - Academic Course Content

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  applicant who holds a graduate degree in counseling from an accredited school
				  is presumed to have satisfied the academic course content requirements
				  described in this section.
(b) An
				  applicant who holds a graduate degree in a counseling-related field must
				  complete at least one course in each of the following areas:
(1) normal human growth and development - the
				  process and stages of human intellectual, physical, social, and emotional
				  development from prenatal origins through adulthood;
(2) abnormal human behavior - the principles
				  of understanding dysfunction in human behavior or social
				  disorganization;
(3) appraisal or
				  assessment techniques - the principles, concepts, and procedures of systematic
				  appraisal or assessment of an individual's attitudes, aptitudes, achievements,
				  interests, and personal characteristics, which may include the use of both
				  non-testing approaches and test instruments;
(4) counseling theories - the major theories
				  of professional counseling;
(5)
				  counseling methods or techniques - the methods or techniques used to provide
				  counseling treatment intervention including:
(A) counseling individuals; and
(B) the theory and types of groups, including
				  dynamics and the methods of practice with groups;
(6) research - the methods of research which
				  may include the study of statistics or a thesis project;
(7) life style and career development - the
				  theories of vocational choice, career choice and life style, sources of
				  occupational and educational information, and career decision-making
				  processes;
(8) social, cultural,
				  and family issues - the studies of change, ethnic groups, gender studies,
				  family systems, urban and rural societies, population patterns, cultural
				  patterns, and differing life styles;
(9) professional orientation - the objectives
				  of professional organizations, codes of ethics, legal aspects of practice,
				  standards of preparation, and the role identity of persons providing direct
				  counseling treatment intervention; and
(10) practicum (internship) - supervised
				  practicum experience primarily counseling in nature which includes:
(A) At least 300 clock-hours, of which at
				  least 100 hours must be direct client counseling.
(B) Academic credit or other acknowledgment
				  of the practicum/internship must appear on the applicant's official graduate
				  transcript.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter C - APPLICATION AND LICENSING › Section 681.91 - LPC Associate License

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Council may issue an LPC Associate license to an applicant who has:
(1) filed all application forms and paid all
				  applicable fees;
(2) met all of the
				  academic requirements for licensure;
(3) completed the required examinations with
				  the requisite score as described in 681.72(a)(3) and (a)(4) of this title
				  (relating to Required Application Materials);
(4) entered into a supervisory agreement with
				  a Licensed Professional Counselor Supervisor (LPC-S); and
(5) not completed the supervised experience
				  described in §
											681.92
				  of this title (relating to Experience Requirements
				  (Internship)).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter C - APPLICATION AND LICENSING › Section 681.92 - Experience Requirements (Internship)

Current through Reg. 49, No. 28; July 12, 2024
(a) All applicants for LPC licensure must
				  complete supervised experience acceptable to the Council of 3,000 clock-hours
				  under a Council-approved supervisor.
(1) All
				  internships physically occurring in Texas must be completed under the
				  supervision of a Council-approved supervisor.
(2) For all internships physically completed
				  in a jurisdiction other than Texas, the supervisor must be a person licensed or
				  certified by that jurisdiction in a profession that provides counseling and who
				  has the academic training and experience to supervise the counseling services
				  offered by the Associate. The applicant must provide documentation acceptable
				  to the Council regarding the supervisor's qualifications.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter C - APPLICATION AND LICENSING › Section 681.93 - Supervisor Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  supervisor must keep a written record of each supervisory session in the file
				  for the LPC Associate.
(1) The supervisory
				  written record must contain:
(A) a signed and
				  dated copy of the Council's supervisory agreement form for each of the LPC
				  Associate's supervisors;
(B) a copy
				  of the LPC Associate's online license verification noting the dates of issuance
				  and expiration;
(C) fees and record
				  of payment;
(D) the date of each
				  supervisory session;
(E) a record
				  of an LPC Associate's leave of one month or more, documenting the supervisor's
				  approval and signed by both the LPC Associate and the supervisor;
(F) a record of any concerns the supervisor
				  discussed with the LPC Associate, including a written remediation plan as
				  prescribed in subsection (e) of this section; and
(G) a record of acknowledgement that the
				  supervisee is self-employed, if applicable.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter C - APPLICATION AND LICENSING › Section 681.101 - Examinations

Current through Reg. 49, No. 28; July 12, 2024
(a) Each applicant
				  for licensure is required to take and pass the National Counselor Exam or the
				  National Clinical Mental Health Counselor Exam and complete the jurisprudence
				  exam prior to application.
(b) The
				  development or administration of the examination may be contracted to a
				  national testing company.
(c) The
				  National Counselor Examination and the National Clinical Mental Health
				  Counselor Exam are administered at testing centers located in various cities
				  throughout the state. The jurisprudence exam is available online at the
				  Council's website.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter C - APPLICATION AND LICENSING › Section 681.114 - Licensing of Military Service Members, Military Veterans, and Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				  applying for licensure under this section must comply with Council rule, §
				  882.60 of this title (relating to Special Provisions Applying to Military
				  Service Members, Veterans, and Spouses).
(b) Substantial Equivalency Determination. In
				  accordance with §
										55.004
				  of the Occupations Code, the licensing requirements for a license to practice
				  professional counseling in another jurisdiction will be considered
				  substantially equivalent to Texas' requirements if the following criteria are
				  met:
(1) the applicant has been fully licensed
				  to practice professional counseling for the two years immediately preceding the
				  date the application is received; and
(2) has no disciplinary history.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter C - APPLICATION AND LICENSING › Section 681.140 - Requirements for Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Minimum Continuing Education Hours Required.
(1) An LPC must complete 24 hours of
				  continuing education during each renewal period that they hold a license. The
				  24 hours of continuing education must include 6 hours in ethics and 3 hours in
				  cultural diversity or competency.
(2) A licensee may carry forward to the next
				  renewal period, a maximum of 10 hours accrued during the current renewal period
				  if those hours are not needed for renewal.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter C - APPLICATION AND LICENSING › Section 681.147 - 40-Clock-Hour Supervisor Training Course

Current through Reg. 49, No. 28; July 12, 2024
The 40-clock-hour supervision training must be education
					 related to the practice of professional counseling and:
(1) the course must be taught by a full LPC
				  with supervisor status;
(2) all
				  related coursework and assignments must be completed over a time period not to
				  exceed 90 days; and
(3) the
				  40-clock-hour supervision training must include at least:
(A) three (3) clock-hours for defining and
				  conceptualizing supervision and models of supervision;
(B) three (3) clock-hours for supervisory
				  relationship and counselor development;
(C) twelve (12) clock-hours for supervision
				  methods and techniques, covering roles (teacher, counselor, and consultant),
				  focus (process, conceptualization, and personalization), group supervision,
				  multi-cultural supervision (racial, ethnic, and gender issues), and evaluation
				  methods;
(D) twelve (12)
				  clock-hours covering roles for supervision and standards of practice;
				  Subchapter B of this chapter; Subchapter C of this chapter; §
											681.91 of this title; §
											681.92 of this title; §
											681.93 of this title; other codes
				  of ethics; and legal and professional issues; and
(E) three (3) clock-hours for executive and
				  administrative tasks, covering supervision plan, supervision contract, time for
				  supervision, record keeping, and reporting.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter C - APPLICATION AND LICENSING › Section 681.164 - Licensing of Persons with Criminal Convictions

Current through Reg. 49, No. 28; July 12, 2024
(a) The following felonies and misdemeanors
				  directly relate to the duties and responsibilities of a licensee:
(1) offenses listed in Article
				  42A.054 of
				  the Code of Criminal Procedure;
(2)
				  a sexually violent offense, as defined by Article
				  62.001 of
				  the Code of Criminal Procedure;
(3)
				  any felony offense wherein the judgment reflects an affirmative finding
				  regarding the use or exhibition of a deadly weapon;
(4) any criminal violation of Chapter 503
				  (Licensed Professional Counselor Act) of the Occupations Code;
(5) any criminal violation of Chapter 35
				  (Insurance Fraud) or Chapter 35A (Medicaid Fraud) of the Penal Code;
(6) any criminal violation involving a
				  federal health care program, including
				  42
				  USC Section 1320a-7b (Criminal penalties for
				  acts involving Federal health care programs);
(7) any offense involving the failure to
				  report abuse or neglect;
(8) any
				  state or federal offense not otherwise listed herein, committed by a licensee
				  while engaged in the practice of professional counseling;
(9) any criminal violation of Section 22.041
				  (abandoning or endangering a child) of the Penal Code;
(10) any criminal violation of Section 21.15
				  (invasive visual recording) of the Penal Code;
(11) any criminal violation of Section 43.26
				  (possession of child pornography) of the Penal Code;
(12) any criminal violation of Section 22.04
				  (injury to a child, elderly individual, or disabled individual) of the Penal
				  Code;
(13) three or more drug or
				  alcohol related convictions within the last 10 years, evidencing possible
				  addiction that will have an effect on the licensee's ability to provide
				  competent services; and
(14) any
				  attempt, solicitation, or conspiracy to commit an offense listed
				  herein.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter D - SCHEDULE OF SANCTIONS › Section 681.201 - Purpose of this Subchapter

Current through Reg. 49, No. 28; July 12, 2024
This schedule of sanctions is adopted as required by the
					 Act §503.2015(2).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter D - SCHEDULE OF SANCTIONS › Section 681.203 - Severity Levels for the Schedule of Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) The following are the severity levels for
				  the schedule of sanctions:
(1) Level
				  One--revocation of license. These violations evidence intentional or gross
				  misconduct on the part of the licensee and/or cause or pose a high degree of
				  harm to the public and/or require severe punishment as a deterrent to the
				  licensee, or other licensees. The fact that a license is ordered revoked does
				  not necessarily mean the licensee can never regain licensure.
(2) Level Two--extended suspension of
				  license. These violations involve less misconduct, harm, or need for deterrence
				  than Level One violations, but may require termination of licensure for a
				  period of not less than one year.
(3) Level Three--moderate suspension of
				  license. These violations are less serious than Level Two violations, but may
				  require termination of licensure for a period of time less than a
				  year.
(4) Level Four--probated
				  suspension of license. These violations do not involve enough harm, misconduct,
				  or need for deterrence to warrant termination of licensure, yet are severe
				  enough to warrant monitoring of the licensee to ensure future compliance.
				  Probationary terms may be ordered as appropriate.
(5) Level Five--reprimand. These violations
				  involve inadvertent or relatively minor misconduct and/or rule
				  violations.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter D - SCHEDULE OF SANCTIONS › Section 681.204 - Other Actions

Current through Reg. 49, No. 28; July 12, 2024
Complaints may be resolved by issuance of a warning letter
					 or a conditional letter of agreement, which does not involve a formal
					 disciplinary action.
(1) Warning
				  letters inform licensees of their duties under the Act, the Council Act, or
				  council rules, and whether the council has a concern about the circumstances
				  surrounding the complaint.
(2) A
				  conditional letter of agreement informs the licensee of the licensee's duties
				  under the Act, the Council Act, or Council rules, whether the conduct or
				  omission complained of appears to violate such duties, and creating Council
				  ordered conditions for the long-term resolution of the issues in the complaint.
				  This conditional letter of agreement specifies the immediate disposition of the
				  complaint. The licensee is issued the conditional letter of agreement by staff;
				  and a signature of agreement by the licensee is required. If the licensee fails
				  to comply with all the Council ordered conditions in the specified time frame
				  outlined in the conditional letter agreement, staff will open a new complaint
				  arising out of non-compliance with the conditional letter agreement or the
				  underling conduct.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter D - SCHEDULE OF SANCTIONS › Section 681.205 - Schedule of Sanctions

Current through Reg. 49, No. 28; July 12, 2024
The following standard sanctions shall apply to violations
					 of the Act and these rules.
Attached
					 Graphic
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter A - GENERAL PROVISIONS › Section 781.101 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				  chapter implements the provisions in the Social Work Practice Act (Act), Texas
				  Occupations Code, Chapter 505, concerning the licensure and regulation of
				  social workers.
(b) The Act
				  restricts the use of the titles "social worker," "licensed master social
				  worker," "licensed social worker," "licensed baccalaureate social worker,"
				  "licensed clinical social worker" or any other title that implies licensure or
				  certification in social work.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter A - GENERAL PROVISIONS › Section 781.202 - Board Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The board shall
				  hold at least one meeting each year and additional meetings as necessary.
(b) The chairperson may call a
				  meeting after consultation with board members or by a majority of members so
				  voting at a meeting.
(c) Meetings
				  shall be announced and conducted under the provisions of the Texas Open
				  Meetings Act, Government Code, Chapter 551.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter A - GENERAL PROVISIONS › Section 781.203 - Board Training

Current through Reg. 49, No. 28; July 12, 2024
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 meets the requirements established in the Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter A - GENERAL PROVISIONS › Section 781.205 - Board Agendas

Current through Reg. 49, No. 28; July 12, 2024
The executive director or designee is responsible for
					 preparing and submitting an agenda to board members prior to each meeting; the
					 agenda is subject to the chair's approval. The agenda shall include items
					 requested by board members, items required by law, items previously tabled, and
					 other matters of board business.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter A - GENERAL PROVISIONS › Section 781.207 - Elections

Current through Reg. 49, No. 28; July 12, 2024
(a) At the first
				  meeting following the last day of January of each year, the board shall elect a
				  vice-chair.
(b) A vacancy which
				  occurs in the office of vice-chair may be filled at any meeting.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter A - GENERAL PROVISIONS › Section 781.208 - Officers of the Board

Current through Reg. 49, No. 28; July 12, 2024
(a) The chair,
				  who is appointed by the governor, shall preside at all meetings which he or she
				  attends. The chair performs all duties prescribed by law or this chapter and is
				  authorized to make day-to-day decisions regarding board activities to make the
				  board more effective and responsive.
(b) The vice-chair shall perform the duties
				  of the chair in case the chair is absent or disabled. If the office of chair
				  becomes vacant, the vice-chair shall serve until a successor is
				  appointed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter A - GENERAL PROVISIONS › Section 781.209 - Committees of the Board

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The board and/or the board chair may establish board committees, advisory
				  committees and task forces.
(b)
				  The board chair shall appoint members of the board to serve on board committees
				  and shall appoint the board committee chairs. The board chair may invite others
				  to serve on advisory committees and task forces.
(c) Only members of the board may be
				  appointed to board committees.
(d)
				  Committee chairs shall make regular reports to the board at regular meetings.
(e) Committees shall meet when
				  called by the committee chair or when so directed by the board or the board
				  chair.
(f) Each committee shall
				  consist of least one public member and one professional member, unless the
				  board authorizes otherwise.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter B - RULES OF PRACTICE › Section 781.301 - Code of Conduct

Current through Reg. 49, No. 28; July 12, 2024
A social worker must observe and comply with the code of
					 conduct and standards of practice set forth in this subchapter. Any violation
					 of the code of conduct or standards of practice will constitute unethical
					 conduct or conduct that discredits or tends to discredit the profession of
					 social work and is grounds for disciplinary action.
(1) A social worker shall not refuse to
				  perform any act or service for which the person is licensed solely on the basis
				  of a client's age; gender; race; color; religion; national origin; disability;
				  sexual orientation; gender identity and expression; or political affiliation.
(2) A social worker shall
				  truthfully report her or his services, professional credentials and
				  qualifications to clients or potential clients.
(3) A social worker shall only offer those
				  services that are within his or her professional competency, and shall provide
				  services within accepted professional standards of practice, appropriate to the
				  client's needs.
(4) A social
				  worker shall strive to maintain and improve her or his professional knowledge,
				  skills and abilities.
(5) A social
				  worker shall base all services on an assessment, evaluation or diagnosis of the
				  client.
(6) A social worker shall
				  provide the client with a clear description of services, schedules, fees and
				  billing at the initiation of services.
(7) A social worker shall safeguard the
				  client's rights to confidentiality within the limits of the law.
(8) A social worker shall be responsible for
				  setting and maintaining professional boundaries.
(9) A social worker shall not have sexual
				  contact with a client or a person who has been a client.
(10) A social worker shall refrain from
				  providing services while impaired by physical health, mental health, medical
				  condition, or by medication, drugs or alcohol.
(11) A social worker shall not exploit his or
				  her position of trust with a client or former client.
(12) A social worker shall evaluate a
				  client's progress on a continuing basis to guide service delivery and will make
				  use of supervision and consultation as indicated by the client's needs.
(13) A social worker shall refer a
				  client for those services that the social worker is unable to meet, and shall
				  terminate services to a client when continuing to provide services is no longer
				  in the client's best interest.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter B - RULES OF PRACTICE › Section 781.303 - General Standards of Practice

Current through Reg. 49, No. 28; July 12, 2024
This section establishes standards of professional conduct
					 required of a social worker. The licensee, following applicable
					 statutes:
(1) shall not knowingly
				  offer or provide professional services to an individual concurrently receiving
				  professional services from another mental health services provider except with
				  that provider's knowledge. If a licensee learns of such concurrent professional
				  services, the licensee shall take immediate and reasonable action to inform the
				  other mental health services provider;
(2) shall terminate a professional
				  relationship when it is reasonably clear that the client is not benefiting from
				  the relationship. If continued professional services are indicated, the
				  licensee shall take reasonable steps to facilitate transferring the client by
				  providing the client with the name and contact information of three sources of
				  service;
(3) shall not evaluate any
				  individual's mental, emotional, or behavioral condition unless the licensee has
				  personally interviewed the individual or the licensee discloses with the
				  evaluation that the licensee has not personally interviewed the
				  individual;
(4) shall not
				  persistently or flagrantly over treat a client;
(5) shall not aid and abet the unlicensed
				  practice of social work by a person required to be licensed under the
				  Act;
(6) shall not participate in
				  any way in falsifying licensure applications or any other documents submitted
				  to the Council;
(7) shall ensure
				  that, both before services commence and as services progress, the client knows
				  the licensee's qualifications and any intent to delegate service provision; any
				  restrictions the Council has placed on the licensee's license; the limits on
				  confidentiality and privacy; and applicable fees and payment
				  arrangements;
(8) if the client
				  must barter for services, it is the professional's responsibility to ensure
				  that the client is in no way harmed. The value of the barter shall be agreed
				  upon in advance and shall not exceed customary charges for the service or
				  goods; and
(9) shall ensure that
				  the client or a legally authorized person representing the client has signed a
				  consent for services A licensee shall obtain and keep a copy of the relevant
				  portions of any court order, divorce decree, power of attorney, or letters of
				  guardianship authorizing the individual to provide substitute consent on behalf
				  of the minor or ward.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter B - RULES OF PRACTICE › Section 781.305 - Sexual Misconduct

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Definitions.
(1) Sexual contact--Any touching
				  or behavior that can be construed as sexual in nature or as defined by the
				  Texas Penal Code, §
											21.01, relating to
				  assault.
(2) Therapeutic
				  deception--A licensee's act or statement representing that sexual contact or
				  sexual exploitation between the licensee and a client or client group is a
				  valid part of the treatment process.
(3) Sexual exploitation--A pattern, practice
				  or scheme of exploitation, which may include, but is not limited to, sexual
				  contact with a client.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter B - RULES OF PRACTICE › Section 781.306 - Professional Representation

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  social worker shall not misrepresent any professional qualifications or
				  associations.
(b) A social worker
				  shall not misrepresent the attributes of any agency or organization, or make
				  unreasonable, misleading, deceptive, fraudulent, exaggerated, or
				  unsubstantiated claims about the effectiveness of any services.
(c) A social worker shall not encourage, or
				  within the social worker's power, allow a client to hold exaggerated ideas
				  about the effectiveness of the social worker's services.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter B - RULES OF PRACTICE › Section 781.307 - Testing

Current through Reg. 49, No. 28; July 12, 2024
(a) A social worker
				  shall inform clients about the purposes and explicit uses of any testing done
				  as part of a professional relationship.
(b) A social worker shall not appropriate,
				  reproduce, or modify published tests or parts thereof without the publisher's
				  permission.
(c) A social worker
				  shall not administer any test without the appropriate training and experience
				  to administer the test.
(d) A
				  social worker must observe the necessary precautions to maintain the security
				  of any test administered by the social worker or under the social worker's
				  supervision.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter B - RULES OF PRACTICE › Section 781.308 - Drug and Alcohol Use

Current through Reg. 49, No. 28; July 12, 2024
A licensee shall not use alcohol or drugs in ways that
					 compromise the licensee's ability to practice social work.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter B - RULES OF PRACTICE › Section 781.309 - Client Records and Record Keeping

Current through Reg. 49, No. 28; July 12, 2024
Following applicable statutes, the licensee shall:
(1) keep accurate and legible records of the
				  dates of services, types of services, progress or case notes, intake
				  assessment, treatment plan, and billing information;
(2) retain and dispose of client records in
				  ways that maintain confidentiality;
(3) in independent practice, establish a plan
				  for the custody and control of the licensee's client records should the
				  licensee die, become incapacitated, or cease offering professional services;
(4) keep client records for seven
				  years after the date of termination of services for adult clients or five years
				  beyond the age of 18 for minor clients, whichever is greater;
(5) provide a written explanation of the
				  types of treatment and charges on a bill or statement to the client (this
				  applies even if the charges are to be paid by a third party); and
(6) comply with the requirements of Texas
				  Health and Safety Code, Chapters 161 and 611; Texas Family Code, Chapter 261;
				  and other applicable state law concerning confidentiality of protected health
				  information and the release of mental health records.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter B - RULES OF PRACTICE › Section 781.310 - Billing and Financial Relationships

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee shall not intentionally or
				  knowingly offer to pay or agree to accept any remuneration directly or
				  indirectly, overtly or covertly, in cash or in kind, to or from any person,
				  firm, association of persons, partnership, corporation, or entity for securing
				  or soliciting clients or patronage for or from any health care professional. In
				  accordance with the provisions of the Act, §505.451, a licensee is subject
				  to disciplinary action if the licensee directly or indirectly offers to pay or
				  agrees to accept remuneration to or from any person for securing or soliciting
				  a client or patronage. Payment of credentialing or other fees to insurance
				  companies or other third party payers to be part of an approved provider list
				  shall not be considered as a violation of this chapter.
(b) A licensee employed or under contract
				  with a chemical dependency facility or a mental health facility, shall comply
				  with the requirements in the Texas Health and Safety Code, §
										164.006,
				  relating to soliciting and contracting with certain referral sources.
				  Compliance with the Treatment Facilities Marketing Practices Act, Texas Health
				  and Safety Code, Chapter 164, shall not be considered as a violation of state
				  law relating to illegal remuneration.
(c) A licensee shall not knowingly or
				  flagrantly overcharge a client, and shall bill clients and/or third parties for
				  only those services that the licensee actually renders.
(d) Billing documents shall accurately
				  reflect any collateral service the licensee uses to help serve the client.
(e) A licensee may not submit to a
				  client and/or a third party payer a bill for services that the licensee knows
				  were not provided, with the exception of a missed appointment, or knows were
				  improper, unreasonable or unnecessary.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter B - RULES OF PRACTICE › Section 781.311 - Client Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Communication between a licensee and client, as well as the client's records,
				  however created or stored, are confidential under the provisions of the Texas
				  Health and Safety Code, Chapter 181, Texas Health and Safety Code, Chapter 611,
				  and other state or federal statutes or rules, including rules of evidence,
				  where such statutes or rules apply to a licensee's practice.
(b) A licensee shall not disclose any
				  communication, record, or client identity except as provided in the Texas
				  Health and Safety Code, the Health Insurance Portability and Accountability Act
				  (HIPAA), and/or other applicable state or federal statutes or rules.
(c) A licensee shall comply with Texas Health
				  and Safety Code, Chapter 611, concerning access to mental health records.
(d) To release information for or
				  about clients, a licensee shall have written permission signed by the client or
				  the client guardian. That permission, which must be dated, shall include the
				  client's name and identifying information; the purpose for releasing the
				  information; the individual or entity to which the information is released; the
				  length of time the release is authorized; the signature of the client or
				  guardian representative; and date of signature.
(e) The social worker shall maintain the
				  written release of information in the permanent client record and shall review
				  and update it at least every twelve months.
(f) A licensee shall report information if
				  required by any of the following statutes:
(1) Texas Family Code, Chapter 261,
				  concerning abuse or neglect of minors;
(2) Texas Human Resources Code, Chapter 48,
				  concerning abuse, neglect, or exploitation of elderly or disabled persons;
(3) Texas Health and Safety Code,
				  §
											161.131 et
				  seq., concerning abuse, neglect, and illegal, unprofessional, or unethical
				  conduct in an in-patient mental health facility, a chemical dependency
				  treatment facility or a hospital providing comprehensive medical rehabilitation
				  services; and
(4) Texas Civil
				  Practice and Remedies Code, §
											81.006,
				  concerning sexual exploitation by a mental health services provider.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter B - RULES OF PRACTICE › Section 781.312 - Licensees and the Council

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Any person licensed as a social worker is bound by the provisions of the Act
				  and this chapter and Council rules and statutes.
(b) A social worker shall report alleged
				  misrepresentations or violations of this chapter to the Council.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter B - RULES OF PRACTICE › Section 781.313 - Corporations and Business Names

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  independent clinical practice or an independent non-clinical practice by a
				  social worker may be incorporated in accordance with the Professional
				  Corporation Act, or other applicable law.
(b) When a licensee uses an assumed name in
				  any social work practice, the social worker's name must be listed in
				  conjunction with the assumed name. An assumed name or credential that the
				  social worker uses shall not be false, deceptive, or misleading.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter B - RULES OF PRACTICE › Section 781.316 - Advertising and Announcements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Social workers' advertisements and announcements shall not contain deceptive,
				  inaccurate, incomplete, out-of-date, or out-of-context information about
				  services or competence. Advertising includes, but is not limited to, any
				  announcement of services, letterhead, business cards, commercial products,
				  website entries, email, cell phone communications, social media communications,
				  and billing statements.
(b) The
				  Council imposes no restrictions on the advertising medium a social worker uses,
				  including personal appearances, use of personal voice, size or duration of the
				  advertisement or use of a trade name.
(c) All advertisements or announcements of a
				  licensee's professional services, including website pages, social media
				  communications, or telephone directory listings, shall clearly state the social
				  worker's licensure designation and any specialty recognition, if any.
(d) A social worker shall not
				  announce or advertise any information or reference to the social worker's
				  certification in a field outside of social work that is deliberately intended
				  to mislead the public.
(e) A
				  licensee who retains or hires others to advertise or promote the licensee's
				  practice remains responsible for the statements and representations
				  made.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter B - RULES OF PRACTICE › Section 781.317 - Research and Publications

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  research with a human subject, a social worker is responsible for the subject's
				  welfare throughout a project, shall obtain informed consent and take reasonable
				  precautions so that the subject shall suffer no injurious emotional, physical
				  or social effect.
(b) A social
				  worker shall disguise data obtained from a professional relationship for the
				  purposes of education or research to ensure full protection of the identity of
				  the subject client.
(c) When
				  conducting and reporting research, a social worker must recognize previous work
				  on the topic, as well as observe all copyright laws.
(d) A social worker must give due credit
				  through joint authorship, acknowledgment, footnote statements, Internet
				  sources, or other appropriate means to those who have contributed significantly
				  to the social worker's research or publication.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter B - RULES OF PRACTICE › Section 781.318 - Providing Social Studies

Current through Reg. 49, No. 28; July 12, 2024
Licensees shall comply with the Texas Family Code, Chapter
					 107, and other applicable laws when providing social studies.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter B - RULES OF PRACTICE › Section 781.319 - Licensed Sex Offender Treatment

Current through Reg. 49, No. 28; July 12, 2024
A social worker who is licensed as a sex offender
					 treatment provider by the Council on Sex Offender Treatment is not subject to
					 disciplinary action by the Council in relation to the social worker's provision
					 of sex offender treatment. A social worker who is a sex offender treatment
					 provider and who acts in conformance with the rules, policies, and procedures
					 of the Council on Sex Offender Treatment is not subject to any administrative
					 sanction by the Council. If the Council on Sex Offender Treatment takes
					 disciplinary action against a social worker who is a sex offender treatment
					 provider, the Council may consider the final order imposing such disciplinary
					 action as grounds for disciplinary action by the Council.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter B - RULES OF PRACTICE › Section 781.320 - Parent Coordination

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  accordance with the Family Code, §
										153.601(3),
				  "parenting coordinator" means an impartial third party:
(1) who, regardless of the title by which the
				  person is designated by the court, performs any function described in the
				  Family Code, §
											153.606, in a suit; and
(2) who:
(A) is appointed under Family Code, Chapter
				  153, Subchapter K (relating to Parenting Plan, Parenting Coordinator, and
				  Parenting Facilitator) by the court on its own motion, or on a motion or
				  agreement of the parties, to assist parties in resolving parenting issues
				  through confidential procedures; and
(B) is not appointed under another statute or
				  a rule of civil procedure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter B - RULES OF PRACTICE › Section 781.321 - Parenting Facilitation

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  accordance with House Bill 1012, 81st Legislature, Regular Session, 2009, and
				  Family Code, Chapter 153, this section establishes the practice standards for
				  licensees who desire to serve as parenting facilitators.
(b) In accordance with the Family Code,
				  §
										153.601 (3-a), a
				  "parenting facilitator" means an impartial third party:
(1) who, regardless of the title by which the
				  person is designated by the court, performs any function described by the
				  Family Code, §
											153.6061, in a suit;
				  and
(2) who:
(A) is appointed under Family Code, Chapter
				  153, Subchapter K (relating to Parenting Plan, Parenting Coordinator, and
				  Parenting Facilitator) by the court on its own motion, or on a motion or
				  agreement of the parties, to assist parties in resolving parenting issues
				  through procedures that are not confidential; and
(B) is not appointed under another statute or
				  a rule of civil procedure.