Board News

CALL FOR PUBLIC COMMENT –
PROPOSED RULES PUBLISHED FEBRUARY 19, 2021

SW Board recommended and Executive Council published proposed rules regarding 22 TAC, Chapter 781

On January 5, 2021, the Texas State Board of Social Worker Examiners (SW Board) voted to recommend changes to Title 22 of the Texas Administrative Code §§781.312, 781.803, and 781.805, concerning Licensees and the Council, Severity Levels, and Schedule of Sanctions, respectively. On January 12, 2021, the Texas Behavioral Health Executive Council (Council) considered the SW Board’s recommended changes and approved publication of proposed rules.

On February 19, 2021, the Council’s proposed rules were published in the Texas Register [46 TexReg 1177].

Call for Public Comment
Within 30 days of publication of this proposal in the Texas Register, comments on the proposed rules may be submitted to Brenda Skiff, Executive Assistant, Texas Behavioral Health Executive Council, 333 Guadalupe, Ste. 3-900, Austin, Texas 78701 or via email to rules@bhec.texas.gov.

Posted on February 24, 2021

NEW RULES –
22 TAC CHAPTERS 881 and 885, EFFECTIVE FEBRUARY 9, 2021

Executive Council published adopted rules regarding 22 TAC Chapters 881 and 885

On August 28, 2020, the Texas Behavioral Health Executive Council voted to publish proposed rule changes to Title 22 of the Texas Administrative Code, §§881.21 and 885.1, concerning Petition for Rulemaking and Executive Council Fees.

On October 2, 2020, the Executive Council’s proposed rules were published in the Texas Register [45 TexReg 6958]. Public comment was reviewed by the Executive Council on January 12, 2021, and the Executive Council adopted rules as proposed.

On February 5, 2021, adopted rules were published in the Texas Register [46 TexReg 915], effective February 9, 2021. On and after February 9, 2021 these new rules will be available on the Texas Secretary of State’s webpage for 22 TAC Part 41.

Updated Consolidated Rulebooks will soon be available on the Executive Council’s Statutes and Rules webpage.

Subscription to email updates from the Executive Council and the member boards may be entered via the Email Updates form at the bottom of the Executive Council’s homepage. Members of the public may also sign-up to receive email notification of any rule action taken by the Executive Council as published in the Texas Register via the Texas Secretary of State’s Subscription Formats and Options webpage.

Posted on February 5, 2021.

Pre-approval No Longer Required for Supervision Plans

 

Effective 02/04/2021, the Texas State Board of Social Worker Examiners (TSBSWE) will no longer require supervision plans be submitted for pre-approval. Instead, the supervision plan is to be kept on file with the clinical supervisor and be submitted along with the Clinical Supervision Verification form at the conclusion of supervision. This change applies both to social workers who are beginning their supervision now and any social workers who have submitted plans in the past but have not heard back from the Board or Council. 

What this means… 

  • Entering into clinical supervision does not require pre-approval by the Board or Council
  • The clinical supervisor must develop and maintain a supervision plan
  • The supervisor is required to ensure that the experience gained is clinical in nature
  • When supervision concludes, both the supervision plan and the form documenting the hours must be submitted to the Council’s office 

Important Notes… 

It is incumbent upon the LMSW to make sure the LCSW is a Council-approved supervisor. This can be done by using the Council’s online verification system found here.  Supervisors are identified in the “Specialty” field.

What you need to do… 

If you have submitted a clinical supervision plan to the Board or Council for approval but haven’t heard back from our office, your supervisor should make sure a copy of the plan is in your supervision file. No approval from the Board or Council will be necessary for the supervision to continue.

If you have found a clinical supervisor but have not yet submitted a plan to the Council, your supervisor should make sure a copy of the plan is in your supervision file. No approval from the Board or Council will be necessary for the supervision to begin. 

If you have already received approval from TSBSWE, your supervisor should make sure a copy of the plan is in your supervision file. When the supervision is complete, submit a copy of the plan with the Clinical Supervision Verification form. Even though the plan was already approved, submitting it in that format will avoid confusion and delays.

Posted on February 4, 2021

NEW RULES –
22 TAC CHAPTER 781, EFFECTIVE FEBRUARY 4, 2021

SW Board recommended and Executive Council published adopted rules regarding 22 TAC Chapter 781

At a joint meeting on October 12, 2020, the Texas State Board of Social Worker Examiners (SW Board) voted to recommend changes to Title 22 of the Texas Administrative Code (22 TAC) §§781.102, 781.302, 781.401 – 781.404, and 781.406, concerning supervision plans, as well as withdraw proposed §781.420 and propose revised §781.420, regarding Licensing of Persons with Criminal Convictions. The Executive Council considered the SW Board’s recommended changes and voted to publish proposed rules.

On November 13, 2020, the Executive Council’s revised proposed §781.420 was published in the Texas Register [45 TexReg 8097].

On December 4, 2020, the Executive Council’s proposed rules concerning supervision plans were published in the Texas Register [45 TexReg 8707].

Public comment on both proposals was reviewed by the SW Board on January 5, 2021, and the SW Board recommended to the Executive Council adoption of the proposed rules. On January 12, 2021, the Executive Council considered the SW Board’s recommendation and voted to adopt rules as proposed.

On January 29, 2021, adopted rules were published in the Texas Register [46 TexReg 814] and become effective February 4, 2021. On and after February 4, 2021 these new rules will be available on the Texas Secretary of State’s webpage for 22 TAC Chapter 781.

An updated Consolidated Rulebook for Social Work will soon be available on the Executive Council’s Statutes and Rules webpage.

Subscription to email updates from the SW Board and Executive Council may be entered via the Email Updates form at the bottom of the Executive Council’s homepage. Members of the public may also sign-up to receive email notification of any rule action taken by the SW Board and Executive Council is published in the Texas Register via the Texas Secretary of State’s Subscription Formats and Options webpage.

Posted on January 29, 2021

CALL FOR PUBLIC COMMENT –
PROPOSED RULES PUBLISHED DECEMBER 4, 2020

SW Board recommended and Executive Council published proposed rules regarding 22 TAC, Chapter 781 – multiple sections, regarding supervision plans

On October 12, 2020, the Texas State Board of Social Worker Examiners (SW Board) voted to recommend changes to Title 22 of the Texas Administrative Code (22 TAC), §§781.102, 781.302, 781.401 – 781.404, and 781.406, concerning supervision plans.

Overview and Explanation of the Proposed Rules. The proposed amended rules published in this edition of the Texas Register, will no longer require the preapproval of a supervision plan in order to accrue supervised experience required for the issuance of a license as a clinical social worker (LCSW) or for independent practice recognition for a baccalaureate social worker (LBSW) or a master social worker (LMSW). Supervised experience will still be required, at the same requisite level that is currently in place, but documentation of the required supervised experience will now only be submitted to the Executive Council when the applicant is applying for either the LCSW or independent practice recognition. The Executive Council anticipates the proposed amendment will address the backlog of applications and expedite future applications received.

The 86th Legislature, Regular Session (2019) enacted House Bill 1501, to amend Title 3 of the Texas Occupations Code, Chapters 505 and 507. This legislation created the Texas Behavioral Health Executive Council (Executive Council) and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of Title 3 of the Texas Occupations Code authorize the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of Title 3 of the Texas Occupations Code, as well as adopt rules as necessary to perform the Executive Council’s duties. On October 12, 2020 in a joint meeting, the Executive Council considered the SW Board’s recommended changes and approved publication of proposed rules.

On December 4, 2020, the Executive Council’s proposed rules, concerning supervision plans, were published in the Texas Register [45 TexReg 8707].

Call for Public Comment:
Comments on the proposed rules may be submitted to Brenda Skiff, Executive Assistant, Texas Behavioral Health Executive Council, 333 Guadalupe, Ste. 3-900, Austin, Texas 78701, within 30 days of publication of this proposal in the Texas Register. Comments may also be submitted via email to rules@bhec.texas.gov, within 30 days of publication of this proposal in the Texas Register.

Click the link below to view the Texas Register in HTML or Adobe Acrobat (PDF) format:
Texas Register [45 TexReg 8707], SW supervision plans Proposed Rules (HTML format)
Texas Register [45 TexReg 8707], SW supervision plans Proposed Rules pages 25-43 (Adobe Acrobat format)

Posted on December 7, 2020

NEW RULES –
22 TAC CHAPTERS 881 – 885, EFFECTIVE SEPTEMBER 1, 2020, AND 22 TAC CHAPTER 781, EFFECTIVE NOVEMBER 19, 2020

SW Board recommended and Executive Council published adopted rules regarding 22 TAC Chapter 781

On June 6, 2020, the Texas State Board of Social Worker Examiners (SW Board) voted to recommend changes to Title 22 of the Texas Administrative Code, Chapter 781 to align with statutory amendments made by House Bill 1501, 86th Legislature, Regular Session (2019) to Title 3 of the Texas Occupations Code, Chapters 505 and 507. This legislation created the Texas Behavioral Health Executive Council (Executive Council) and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of Title 3 of the Texas Occupations Code authorize the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of Title 3 of the Texas Occupations Code, as well as adopt rules as necessary to perform the Executive Council’s duties. On June 16, 2020, the Executive Council considered the SW Board’s recommended changes and voted to publish proposed rules.

On July 17, 2020, the Executive Council’s proposed rules concerning Chapter 781 were published in the Texas Register [45 TexReg 4915]. Public comment was reviewed by the SW Board on September 11, 2020, and the SW Board recommended adoption of the proposed rules with some changes to the Executive Council. In a joint meeting with the SW Board and the Executive Council on October 12, 2020, the Executive Council approved publication of adopted rules in the Texas Register. On November 13, 2020, adopted rules were published in the Texas Register [45 TexReg 8156] and become effective November 19, 2020. On and after November 19, 2020, these new rules will be available on the Secretary of State’s website for 22 TAC Part 34.

Reminder: SW Board applicants and licensees are also subject to 22 TAC Part 41
SW Board applicants and licensees are subject to Title 22 of the Texas Administrative Code, Part 41 (Chapters 881 through 885), which became effective September 1, 2020 and are available on the Secretary of State’s website for 22 TAC Part 41.

A Consolidated Rulebook for Social Work will soon be available with other resources Executive Council’s Statutes and Rules webpage.

Members of the public may also signup to receive email notifications when any rule actions taken by the Executive Council are published in the Texas Register via the Texas Secretary of State’s Subscription Formats and Options webpage.

Posted on November 13, 2020

CALL FOR PUBLIC COMMENT –
PROPOSED RULES PUBLISHED NOVEMBER 13, 2020

SW Board recommended and Executive Council published proposed rules regarding 22 TAC §781.420 Licensing of Persons with Criminal Convictions

On June 6, 2020, the Texas State Board of Social Worker Examiners (SW Board) voted to recommend changes to Title 22 of the Texas Administrative Code (22 TAC), §781.420 Licensing of Persons with Criminal Convictions, to align with statutory amendments made by House Bill 1501, 86th Legislature, Regular Session (2019) to Title 3 of the Texas Occupations Code, Chapters 505 and 507. This legislation created the Texas Behavioral Health Executive Council (Executive Council) and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of Title 3 of the Texas Occupations Code authorize the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of Title 3 of the Texas Occupations Code, as well as adopt rules as necessary to perform the Executive Council’s duties. On June 16, 2020, the Texas Behavioral Health Executive Council (Executive Council) considered the SW Board’s recommended changes and approved publication of proposed rules.

Proposed rules were published in the July 17, 2020 edition of the Texas Register. However, on September 11, 2020, the SW Board voted to withdraw proposed rule §781.420 and recommend other changes to §781.420 Licensing of Persons with Criminal Convictions, to align with statutory amendments, consider comments by the Governor’s Office, and to standardize language as much as possible with other member boards. In a joint meeting with the SW Board and the Executive Council, on October 12, 2020, the Council considered the SW Board’s recommended withdrawal and new proposal and  approved publication of proposed rules.

On November 13, 2020, the Executive Council’s proposed rules, concerning 22 TAC §781.420 Licensing of Persons with Criminal Convictions, were published in the Texas Register [45 TexReg 8097], available on the Texas Secretary of State’s website at https://www.sos.state.tx.us/texreg/index.shtml.

Call for Public Comment:
Comments on the proposed rules may be submitted to Brenda Skiff, Executive Assistant, Texas Behavioral Health Executive Council, 333 Guadalupe, Ste. 3-900, Austin, Texas 78701, within 30 days of publication of this proposal in the Texas Register. Comments may also be submitted via email to rules@bhec.texas.gov, within 30 days of publication of this proposal in the Texas Register.

Click the link below to view the Texas Register in HTML or Adobe Acrobat (PDF) format.
Texas Register [45 TexReg 8097], SW §781.420  Proposed Rules (HTML format)
Texas Register [45 TexReg 8097], SW §781.420 Proposed Rules pages 21-23 (Adobe Acrobat format)

Posted on November 13, 2020

BHEC Launches New Exam Registration Process for Social Worker Applicants

The Texas Behavioral Health Executive Council has begun a new process for individuals who wish to take the Association of Social Work Board’s (ASWB) examination for baccalaureate, master’s, or clinical licensure.

The Council has partnered with ASWB to allow all prospective licensees to apply for the exam directly to ASWB.  Prospective social workers will benefit from being able to take the examination in a timelier fashion, while agency staff will be able to focus more on processing license applications.

Individuals who have graduated from their social work program or are in their last semester can begin the exam registration process through the Texas State Board of Social Work Examiners’ ASWB Licensure Examinations webpage.

Prospective applicants with questions regarding the registration process should direct their questions to:
           ASWB, Attn: Texas Applications
           17126 Mountain Run Vista Court
           Culpeper, VA 22701
           Email: texas@aswb.org
           Dedicated application queue toll free number: 866-825-9580
           ASWB home page: https://www.aswb.org/

Posted on November 2, 2020

Action Plan on Licensing Backlog Affecting TSBSWE

In response to the backlog of applications pending before the Texas State Board of Social Worker Examiners, the Council directed its Executive Director at the June 16, 2020 regular meeting to coordinate with HHSC PLCU staff to develop a plan to address the backlog. The Council directed that the plan specifically address three areas of concern related to the backlog. These areas consist of:

  1. Development and planning for revisions to the licensing process that will prevent or reduce the likelihood of future backlogs;
  2. Development and implementation of a plan to eliminate the existing backlog in the licensing process; and
  3. Development of a plan for ensuring continued timely licensing operations under current executive orders, as well as any reasonably foreseeable future amendments or expansion of those orders.

The Council held a special called meeting on July 28th to review and approve the action plan. The action plan can be viewed by clicking here.

Posted on August 10, 2020