Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 6,991
This periodical is part of the collection entitled: Texas Register and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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The costs for affected persons and businesses will be an esti-
mated increase of $40 biennially.
There is no anticipated negative impact on local employment.
PUBLIC BENEFIT
Mr. Horton has also determined that for each year of the first five
years the sections are in effect, the public will benefit from adop-
tion of the sections. The public benefit anticipated as a result of
enforcing or administering the sections is to generate funding to
operate the regulatory program; to increase licensee knowledge
of, and compliance with, Texas social worker laws and rules; and
to effectively regulate the practice of social work in Texas, all of
which will protect and promote public health, safety, and welfare.
REGULATORY ANALYSIS
The board has determined that this proposal is not a "major en-
vironmental rule" as defined by Government Code, 2001.0225.
"Major environmental rule" is defined to mean a rule the spe-
cific intent of which is to protect the environment or reduce risk
to human health from environmental exposure and that may ad-
versely affect, in a material way, the economy, a sector of the
economy, productivity, competition, jobs, the environment or the
public health and safety of a state or a sector of the state. This
proposal is not specifically intended to protect the environment
or reduce risks to human health from environmental exposure.
TAKINGS IMPACT ASSESSMENT
The board has determined that the proposal does not restrict or
limit an owner's right to his or her property that would otherwise
exist in the absence of government action and, therefore, do not
constitute a taking under Government Code, 2007.043.
PUBLIC COMMENT
Comments on the proposal may be submitted to Charles Hor-
ton, Executive Director, Texas State Board of Social Worker Ex-
aminers, Department of State Health Services, 1100 West 49th
Street, Austin, Texas 78756 or by email to Isw@dshs.state.tx.us.
When e-mailing comments, please indicate "Comments on Pro-
posed Rules" in the e-mail subject line. Comments will be ac-
cepted for 30 days following publication of the proposal in the
Texas Register.
SUBCHAPTER A. GENERAL PROVISIONS
22 TAC 781.102
The proposed amendment is authorized by Occupations Code,
505.201, which authorizes the board to adopt rules necessary
to perform the board's duties, and to establish standards of
conduct and ethics for license holders; by Occupations Code,
505.203, which authorizes the board to set fees; and by
Occupations Code, 505.404, which requires the board to
establish mandatory continuing education requirements for
license holders.
The proposed amendment affects Occupations Code, Chapter
505.
781.102. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) - (4) (No change.)
(5) AMEC--alternative method of examining competency,
as referenced in Occupations Code, 505.356(3).(6) [{5)] APA--The Administrative Procedure Act, Gov-
ernment Code, Chapter 2001.
(7) [(6)] Association of Social Work Boards (ASWB)--Na-
tional organization representing regulatory boards of social work. Ad-
ministers the national examinations utilized in the assessment for licen-
sure.
(8) [(-7-)] Board--Texas State Board of Social Worker Ex-
aminers.
(9) [{$)] Case record--Any information related to a client
and the services provided to that client, however recorded and stored.
(10) [(-)] Client--An individual, family, couple, group or
organization that seeks or receives social work services from a person
identified as a social worker who is either licensed or unlicensed by the
board. An individual, family, couple, group or organization remains a
client until the formal termination of services.
(11) [(4-)] Clinical social work--A specialty within the
practice of social work that requires the application of social work the-
ory, knowledge, methods, ethics, and the professional use of self to
restore or enhance social, psychosocial, or biopsychosocial function-
ing of individuals, couples, families, groups, and/or persons who are
adversely affected by social or psychosocial stress or health impair-
ment. The practice of Clinical Social Work requires the application of
specialized clinical knowledge and advanced clinical skills in the areas
of assessment, diagnosis, and treatment of mental, emotional, and be-
havioral disorders, conditions and addictions, including severe mental
illness in adults and serious emotional disturbances in children. Treat-
ment methods include the provision of individual, marital, couple, fam-
ily, and group therapy and psychotherapy. Clinical social workers are
qualified to use the Diagnostic and Statistical Manual of Mental Dis-
orders (DSM), the International Classification of Diseases (ICD), and
other diagnostic classification systems in assessment, diagnosis, and
other activities.
(12) [(-14)] Clinical supervision--An interactional profes-
sional relationship between a supervisor and a social worker that pro-
vides evaluation and direction over the supervisee's practice of clin-
ical social work and promotes continued development of the social
worker's knowledge, skills, and abilities to engage in the practice of
clinical social work in an ethical and competent manner.
(13) [(412)] Confidential information--Individually identi-
fiable information obtained from a client or records relating to a client,
including the client's identity, demographic information collected from
an individual, that relates to the past, present, or future physical or men-
tal health or condition of an individual; the provision of social work
services to an individual; the past, present, or future payment for the
provision of social work services to an individual; and identifies the in-
dividual or with respect to which there is a reasonable basis to believe
the information can be used to identify the individual which is not dis-
closeable under applicable law or court rules of evidence. Client infor-
mation is "confidential" if it is intended to be disclosed to third persons
to further the interest of the client in the diagnosis, examination, evalu-
ation, or treatment, or those reasonably necessary for the transmission
of the communication, or those who are participating in the diagnosis,
examination, evaluation, or treatment under the direction of the profes-
sional, including members of the patient's family.
(14) [(4-3)] Completed application--The official social
work application form, fees and all supporting documentation which
meets the criteria set out in this title (relating to Required Application
Materials).PROPOSED RULES October 28, 2005 30 TexReg 6991
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Texas. Secretary of State. Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005, periodical, October 28, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97316/m1/18/?q=%22%22~1&rotate=0: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.