Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter C - APPLICATION AND LICENSING › Section 781.403 - Independent Practice Recognition (Non-Clinical)

Current through Reg. 49, No. 28; July 12, 2024
(a) An LBSW or LMSW who seeks to obtain the
				  specialty recognition of independent non-clinical practice shall meet
				  requirements and parameters set by the Council in §
										781.401
				  of this title (relating to Qualifications for Licensure).
(b) An individual supervising an LBSW for
				  independent non-clinical practice recognition shall be an LBSW recognized for
				  independent non-clinical practice; an LMSW recognized for independent
				  non-clinical practice; an LMSW-AP; or an LCSW. The supervisor shall be
				  Council-approved.
(c) An individual
				  supervising an LMSW for the independent non-clinical practice recognition shall
				  be Council-approved and shall be an LMSW recognized for independent
				  non-clinical practice, an LMSW-AP, or an LCSW.
(d) A person who has obtained only the
				  temporary license may not begin supervision until the Council issues a regular
				  license.
(e) The Council may use
				  the Internal Revenue Service (IRS) guidelines developed in 1996 to demonstrate
				  whether a professional is an independent contractor or an employee. These
				  guidelines revolve around the control an employer has in an employer-employee
				  relationship, in which the employer has the right to control the "means and
				  details" by which services are performed.
(1)
				  Behavioral control. The employer can control the employee's behavior by giving
				  instructions about how the work gets done rather than simply looking at the end
				  products of work. The more detailed the instructions, the more control the
				  employer exercises. An employer requiring that employees be trained for the job
				  is also an example of behavioral control, though contractors may also go
				  through training.
(2) Financial
				  control. The employer determines the amount and regularity of payments to
				  employees. A contractor is typically paid when he/she completes the work, and
				  the contractor usually sets a timeframe for completing the work. The most
				  important element of financial control is that a contractor has more freedom to
				  make business decisions that affect the profitability of his/her work. A
				  contractor, for instance, may invest in renting an office or buying equipment,
				  while the employee does not. While employees are usually reimbursed for
				  job-related expenses, the contractor may or may not be reimbursed, but lack of
				  reimbursement usually signals that a worker is independent. An independent
				  contractor often makes his or her services available to other potential
				  clients, while an employee does not.
(3) Relationship of the parties. The intent
				  of the relationship is significant. The relationship is usually outlined in the
				  written contract and gives one party more control than the other. If a company
				  gives a worker employee benefits, the worker is an employee. The ability to
				  terminate the relationship is another evidence of control in the relationship.
				  If the employer-employee relationship appears to be permanent, it denotes an
				  employee, not contractor, relationship. If a worker performs activities that
				  are a key aspect of the company's regular business, that denotes an employee
				  status.