SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 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...
- Texas Section 505.002 - Definitions
In this chapter: (1) Repealed by Acts 2003, 78th Leg., ch. 892, Sec. 37. (2) "Board" means the Texas State Board of Social Worker Examiners....
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER B TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS
- Texas Section 505.005 - Application Of Sunset Act
The Texas State Board of Social Worker Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by...
- Texas Section 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...
- Texas Section 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...
- Texas Section 505.103 - Membership And Employee 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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)...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER C EXECUTIVE DIRECTOR AND PERSONNEL
- Texas Section 505.110 - Board Committees
(a) The board may appoint committees to assist the board with its functions under this chapter. (b) Only a member of the board may serve...
- Texas Section 505.151 - Executive Director
(a) The commissioner shall designate an employee of the department to serve as executive director of the board. The executive director serves at the will...
- Texas Section 505.152 - Executive Director Powers And Duties
In addition to other duties provided by this chapter or by the department, the executive director shall: (1) keep full and accurate minutes of board...
- Texas Section 505.153 - Personnel And Facilities
(a) The board is administratively attached to the department. Department personnel shall administer this chapter as agents of the board. The department shall provide the...
- Texas Section 505.154 - Qualifications And Standards Of Conduct Information
The board shall provide, as often as necessary, to its members and employees information regarding their: (1) qualifications for office or employment under this chapter;...
SUBCHAPTER D POWERS AND DUTIES
- Texas Section 505.155 - Division Of Responsibilities
The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and...
- Texas Section 505.201 - General Rulemaking And Enforcement Authority
(a) The board may: (1) adopt and enforce rules necessary to perform the board's duties under this chapter; (2) establish standards of conduct and ethics...
- Texas Section 505.202 - Rules Restricting Advertising Or Competitive Bidding
(a) The board may not adopt rules restricting advertising or competitive bidding by a person regulated by the board except to prohibit false, misleading, or...
- Texas Section 505.203 - Fees
(a) The board by rule shall set fees in amounts reasonable and necessary to cover the costs of administering this chapter. The board shall set...
- Texas Section 505.204 - Board Duties Regarding Complaints
(a) The board by rule shall: (1) adopt a form to standardize information concerning complaints made to the board; and (2) prescribe information to be...
- Texas Section 505.205 - Roster Of License Holders
(a) The board shall prepare and publish at its discretion a roster that contains the name and address of each person licensed under this chapter....
- Texas Section 505.206 - Roster Of Independent Social Workers
The board shall publish a roster of persons recognized under Section 505.307 as qualified for the independent practice of social work. Acts 1999, 76th Leg.,...
- Texas Section 505.209 - Rules On Consequences Of Criminal Conviction
(a) The board shall adopt rules necessary to comply with Chapter 53. (b) In its rules under this section, the board shall list the specific...
- Texas Section 505.210 - Use Of Technology
The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions. The policy...
SUBCHAPTER E PUBLIC ACCESS INFORMATION AND COMPLAINT PROCEDURES
- Texas Section 505.211 - Negotiated Rulemaking And Alternative Dispute Resolution Policy
(a) The board shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the...
- Texas Section 505.251 - Consumer Interest Information
(a) The board shall prepare information of consumer interest describing the regulatory functions of the board and the procedures by which consumer complaints are filed...
- Texas Section 505.252 - Complaints
(a) The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of...
- Texas Section 505.253 - Records Of Complaints
(a) The board shall maintain a system to promptly and efficiently act on complaints filed with the board. The board shall maintain: (1) information about...
- Texas Section 505.254 - General Rules Regarding Complaint Investigation And Disposition
(a) The board shall adopt rules concerning the investigation of a complaint filed with the department and referred to the board. The rules adopted under...
- Texas Section 505.2545 - Subpoenas
(a) In an investigation of a complaint filed with the department and referred to the board, the board may request that the department approve the...
- Texas Section 505.2547 - Complaint Committee
The board shall appoint at least one public member of the board to any board committee established to review a complaint filed with the board...
SUBCHAPTER F SPECIALTY AREAS OF SOCIAL WORK
- Texas Section 505.255 - Public Participation
(a) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on...
- Texas Section 505.301 - Establishment Of Specialty Area
(a) The board may establish within the scope of social work practice and this chapter specialty areas of social work for license holders under this...
- Texas Section 505.302 - Regulation Of Specialty Areas
(a) In establishing a specialty area of social work, the board shall: (1) define the scope of the specialty; (2) establish qualifications for specialty area...
- Texas Section 505.303 - Clinical Social Work Specialty
(a) The board shall establish a specialty area for the practice of clinical social work that is available only to a licensed master social worker...
- Texas Section 505.304 - Order Of Recognition Of Specialty
(a) The board shall prescribe the name, design, and content of an order of recognition of specialty. (b) An order of recognition of specialty must:...
- Texas Section 505.305 - Recognition Of Specialty; Issuance Of Order
(a) The board shall recognize a social worker as qualified for the practice of a specialty area of social work if the social worker satisfies...
- Texas Section 505.306 - Prohibited Use Of Specialty Area Identification Or Title
If the board establishes a specialty area of social work, a social worker may not use the specialty area identification or title designated by the...
SUBCHAPTER G LICENSE REQUIREMENTS
- Texas Section 505.307 - Independent Practice Recognition; Minimum Qualifications
(a) The board shall establish procedures for recognizing a social worker qualified for the independent practice of social work. (b) A social worker may not...
- Texas Section 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...
- Texas Section 505.352 - License Application
A person may apply for a license under this chapter by submitting an application to the board. The application must: (1) be on a form...
- Texas Section 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...
- Texas Section 505.354 - Examination
(a) The board, at least once each calendar year, shall prepare and administer an examination to assess an applicant's qualifications for a license under this...
- Texas Section 505.3545 - Jurisprudence Examination
(a) The board shall develop and administer at least twice each calendar year a jurisprudence examination to determine an applicant's knowledge of this chapter, board...
- Texas Section 505.355 - Examination Results
(a) The board shall notify each examinee of the examination results not later than the 30th day after the date the licensing examination is administered....
- Texas Section 505.356 - Reexamination
The board by rule shall establish: (1) a limit on the number of times an applicant who fails an examination may retake the examination; (2)...
- Texas Section 505.357 - Temporary License
(a) The board shall issue a temporary license to an applicant who: (1) has not taken the licensing examination under Section 505.354 or the jurisprudence...
- Texas Section 505.3575 - Issuance Of Licenses To Certain Out-of-state Applicants
(a) Notwithstanding any other licensing requirement of this subchapter: (1) the board may not require an applicant who is licensed in good standing in another...
- Texas Section 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 board....
- Texas Section 505.359 - Issuance Of License To Provisional License Holder
(a) The board shall issue an appropriate license to a provisional license holder: (1) who passes the licensing examination under Section 505.354 and the jurisprudence...
SUBCHAPTER H RENEWAL OF LICENSE AND ORDER OF RECOGNITION OF SPECIALTY
- Texas Section 505.360 - Professional Identification
(a) A license holder shall use an identification provided by this section: (1) in the professional use of the license holder's name; and (2) in...
- Texas Section 505.401 - Term Of License; Staggered Expiration Dates
(a) A license issued under this chapter is valid for two years. (a-1) The board by rule shall adopt a system under which licenses and...
- Texas Section 505.402 - Renewal Of License And Order Of Recognition Of Specialty
(a) A person may renew an unexpired license or order of recognition of specialty by paying the appropriate renewal fee required by the board to...
- Texas Section 505.403 - Renewal Of Expired License By Out-of-state Practitioner
(a) The board may renew without reexamination an expired license or order of recognition of specialty of a person who was licensed in this state,...
- Texas Section 505.404 - Continuing Education
(a) The board by rule shall: (1) establish mandatory continuing education requirements for license holders under this chapter; and (2) establish a minimum number of...
SUBCHAPTER I DENIAL OF LICENSE OR ORDER AND DISCIPLINARY PROCEDURES
- Texas Section 505.405 - Grounds For Refusing Renewal
The board may refuse to renew the license of a person who fails to pay an administrative penalty imposed under Subchapter K unless enforcement of...
- Texas Section 505.451 - Grounds For Denial Of License Or Order Of Recognition Of Specialty; Disciplinary Action
The board shall deny an application for a license or order of recognition of specialty and shall revoke or suspend, including a suspension on an...
- Texas Section 505.452 - Conditions Of Probation
The board may require a person for whom a suspension of a license or order of recognition of specialty is probated to: (1) report regularly...
- Texas Section 505.453 - Emergency Suspension
The suspension by the board of a license or order of recognition of specialty on an emergency basis is effective immediately. The board shall provide...
- Texas Section 505.454 - Sanctions For Holder Of Expired License Or Order Of Recognition Of Specialty
(a) A person who holds an expired license or order of recognition of specialty under this chapter is subject to a sanction under this chapter...
- Texas Section 505.455 - Procedure; Hearing
(a) A proceeding under Section 505.451 is initiated when a person files a written charge under oath with the department that is referred to the...
- Texas Section 505.456 - Schedule Of Sanctions
(a) The board by rule shall adopt a broad schedule of sanctions for violations of this chapter. (b) The State Office of Administrative Hearings shall...
- Texas Section 505.457 - Informal Procedures
(a) The board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) an informal...
SUBCHAPTER J PENALTIES AND ENFORCEMENT PROVISIONS
- Texas Section 505.458 - Refund
(a) Subject to Subsection (b), the board may order a license holder to pay a refund to a consumer as provided in an agreement resulting...
- Texas Section 505.501 - Monitoring Of License Holder
The board by rule shall develop a system for monitoring compliance with this chapter by a person who holds a license or order of recognition...
- Texas Section 505.502 - Prohibited Conduct By Business Or Professional Entity
(a) Except as provided by Subsection (b), a business or professional entity may not: (1) represent itself or another to the public as being engaged...
- Texas Section 505.503 - Injunction
(a) In addition to any other action authorized by law, an action may be initiated in a district court to restrain a violation or threatened...
- Texas Section 505.504 - Civil Penalty
(a) A person who violates or threatens to violate this chapter, a rule adopted by the board under this chapter, or an order issued by...
- Texas Section 505.505 - Appeal Bond Not Required
The board or department is not required to post an appeal bond in any action arising under this chapter. Acts 1999, 76th Leg., ch. 388,...
- Texas Section 505.506 - Representation By Attorney General
The attorney general shall represent the board or department in an action brought to enforce this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1,...
- Texas Section 505.507 - Criminal Penalty
(a) A person required to hold a license under this chapter commits an offense if the person knowingly acts as a social worker without holding...
- Texas Section 505.507 - Criminal Penalty
(a) A person commits an offense if the person knowingly acts as a social worker without holding a license required under this chapter. (b) An...
SUBCHAPTER K ADMINISTRATIVE PENALTY
- Texas Section 505.508 - Cease And Desist Order
If it appears to the board that a person who is not licensed under this chapter is violating this chapter, a rule adopted under this...
- Texas Section 505.551 - Imposition Of Administrative Penalty
The board may impose an administrative penalty on: (1) a person licensed under this chapter who violates this chapter or a rule or order adopted...
- Texas Section 505.552 - Amount Of Administrative Penalty
(a) The amount of the administrative penalty may not be less than $50 or more than $5,000 for each violation. Each day a violation continues...
- Texas Section 505.553 - Notice Of Violation And Penalty
If the department determines that a violation occurred, the department shall give written notice of the violation to the person. The notice must: (1) include...
- Texas Section 505.554 - Penalty To Be Paid Or Hearing Requested
(a) Within 10 days after the date the person receives the notice, the person in writing may: (1) accept the determination and recommended administrative penalty...
- Texas Section 505.555 - Hearing
(a) If the person requests a hearing or fails to respond in a timely manner to the notice, the department shall set a hearing and...
- Texas Section 505.556 - Decision By Board
(a) Based on the findings of fact, conclusions of law, and proposal for decision, the board by order may determine that: (1) a violation occurred...
- Texas Section 505.557 - Options Following Decision: Pay Or Appeal
(a) Within 30 days after the date the board's order becomes final, the person shall: (1) pay the administrative penalty; or (2) file a petition...
- Texas Section 505.558 - Collection Of Penalty
(a) If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the penalty may be collected. (b)...
- Texas Section 505.559 - 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...
- Texas Section 505.560 - Remittance Of Penalty And Interest
(a) If the person paid the administrative penalty and if the amount of the penalty is reduced or the penalty is not upheld by the...
SUBCHAPTER L REPORTS OF CERTAIN VIOLATIONS
- Texas Section 505.561 - Administrative Procedure
A proceeding under this section is a contested case under Chapter 2001, Government Code. Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.271(a), eff....
- Texas Section 505.601 - Report Of Violation
In a written, signed report to the appropriate licensing board, agency, or facility, a person licensed under this chapter may report an incident that the...
- Texas Section 505.602 - Reporting Immunity
A person who, without malice, makes a report authorized, or reasonably believed to be authorized, under this subchapter: (1) is immune from civil liability; and...
- Texas Section 505.603 - Cause Of Action For Retaliation
(a) A person named as a defendant in a civil action or subjected by the person's employer to other retaliatory action as a result of...