Title OC, Occupations Code

Sec. 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 proceeding, shall be taken or made without regard to sex, ra…

Sec. 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 as follows: (1) two members who are licensed master social workers; (2) two members who are licensed …

Sec. 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 work other than as a consumer. (b) A person is not eligible for appointment as a public member of the board…

Sec. 505.103. MEMBERSHIP 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 assist its members and its industry or profession in dealing wi…

Sec. 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 person who is appointed to fill a vacancy on the board shall serve as a board member for the remainder o…

Sec. 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 required by Sections 505.101 and 505.102(a); (2) does not maintain during service on the board the qualifications requ…

Sec. 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 the General Appropriations Act for state employees. A member may not receive actual or necessary e…

Sec. 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) The board shall elect other officers at the first regular meeting of the board each year. Acts 1999, 76th…

Sec. 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 and special meetings as determined by the board. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 a member in attendance at a meeting of the board until the person completes a training program that complies with this section. (b…

Sec. 505.201. GENERAL RULEMAKING AND ENFORCEMENT AUTHORITY OF EXECUTIVE COUNCIL. (a) The executive council may: (1) adopt and enforce rules necessary to perform the executive council's duties under this chapter; (2) establish standards of conduct and ethics for license holders; a…

Sec. 505.2015. BOARD DUTIES. The board shall propose to the executive council: (1) rules regarding: (A) the qualifications necessary to obtain a license or order of recognition of specialty, including rules limiting an applicant's eligibility for a license or order based on the a…

Sec. 505.206. ROSTER OF INDEPENDENT SOCIAL WORKERS. The executive council shall publish a roster of persons recognized under Section 505.307 as qualified for the independent practice of social work. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, …

Sec. 505.301. ESTABLISHMENT OF SPECIALTY AREA. (a) The executive council may establish within the scope of social work practice and this chapter specialty areas of social work for license holders under this chapter who are licensed in good standing if establishment of the special…

Sec. 505.302. REGULATION OF SPECIALTY AREAS. (a) In establishing a specialty area of social work, the executive council shall: (1) define the scope of the specialty; (2) establish qualifications for specialty area practitioners that describe, in accordance with Subdivision (1), t…

Sec. 505.303. CLINICAL SOCIAL WORK SPECIALTY. (a) The executive council shall establish a specialty area for the practice of clinical social work that is available only to a licensed master social worker who satisfies the minimum number of years of active social work practice wit…

Sec. 505.304. ORDER OF RECOGNITION OF SPECIALTY. (a) The executive council shall prescribe the name, design, and content of an order of recognition of specialty. (b) An order of recognition of specialty must: (1) state the full name of the person recognized in the order; and (2) …

Sec. 505.305. RECOGNITION OF SPECIALTY; ISSUANCE OF ORDER. (a) The executive council shall recognize a social worker as qualified for the practice of a specialty area of social work if the social worker satisfies the recognition requirements established by the executive council a…

Sec. 505.306. PROHIBITED USE OF SPECIALTY AREA IDENTIFICATION OR TITLE. If the executive council establishes a specialty area of social work, a social worker may not use the specialty area identification or title designated by the executive council unless the person is recognized…

Sec. 505.307. INDEPENDENT PRACTICE RECOGNITION; MINIMUM QUALIFICATIONS. (a) The executive council shall establish procedures for recognizing a social worker qualified for the independent practice of social work. (b) A social worker may not be recognized as qualified for the indep…

Sec. 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 social worker," or "licensed social worker," or any combination, variation, or abbre…

Sec. 505.352. LICENSE APPLICATION. A person may apply for a license under this chapter by submitting an application to the executive council. The application must: (1) be on a form prescribed by the executive council; and (2) contain statements made under oath regarding the appli…

Sec. 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 the public trust and confidence; (3) satisfy the education and experience requirements under this section; and (4) pass the licensi…

Sec. 505.354. EXAMINATION. (a) The board shall prepare an examination to assess an applicant's qualifications for a license under this chapter. The executive council shall administer the examination at least once each calendar year. (b) Each license examination shall be conducted…

Sec. 505.3545. JURISPRUDENCE EXAMINATION. (a) The board shall develop a jurisprudence examination to determine an applicant's knowledge of this chapter, rules adopted under this chapter, and any other applicable laws of this state affecting the applicant's social work practice. T…

Sec. 505.357. TEMPORARY LICENSE. (a) The executive council shall issue a temporary license to an applicant who: (1) has not taken the licensing examination under Section 505.354 or the jurisprudence examination under Section 505.3545; and (2) satisfies the requirements for obtain…

Sec. 505.3575. ISSUANCE OF LICENSES TO CERTAIN OUT-OF-STATE APPLICANTS. (a) Notwithstanding any other licensing requirement of this subchapter: (1) the executive council may not require an applicant who is licensed in good standing in another state to pass a licensing examination…

Sec. 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 executive council. The executive council may issue a provisional license to a person who meets the requirements …

Sec. 505.359. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE HOLDER. (a) The executive council shall issue an appropriate license to a provisional license holder: (1) who passes the licensing examination under Section 505.354 and the jurisprudence examination under Section 505.3545; …

Sec. 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 connection with any sign, directory, contract, document, pamphlet, stationery, advertisement,…

Sec. 505.401. TERM OF LICENSE; STAGGERED EXPIRATION DATES. (a) A license issued under this chapter is valid for two years. (a-1) The executive council by rule shall adopt a system under which licenses and orders of recognition of specialty expire on various dates during the year.…

Sec. 505.405. GROUNDS FOR REFUSING RENEWAL. The executive council may refuse to renew the license of a person who fails to pay an administrative penalty imposed under Subchapter H, Chapter 507, unless enforcement of the penalty is stayed or a court has ordered that the administra…

Sec. 505.451. GROUNDS FOR DISCIPLINARY ACTION. The executive council shall take disciplinary action under Subchapter G, Chapter 507, against a person for: (1) violating this chapter or a rule adopted under this chapter; (2) circumventing or attempting to circumvent the requiremen…

Sec. 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 if the executive council determines that the p…

Sec. 505.458. REFUND. (a) Subject to Subsection (b), the executive council may order a license holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under t…

Sec. 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 in the practice of social work or as offering social work servi…

Sec. 505.505. APPEAL BOND NOT REQUIRED. The executive council is not required to post an appeal bond in any action arising under this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.111, eff. …

Sec. 505.506. REPRESENTATION BY ATTORNEY GENERAL. The attorney general shall represent the executive council in an action brought to enforce this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. …

Sec. 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 a license issued under this chapter. (b) An offense under Subsection (a) is a Class A misdemeanor. Added b…

Sec. 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 person has reasonable cause to believe has exposed a client to substantial risk of harm, in…

Sec. 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 (2) may not be subjected by the person's employer to other retaliatory action as a re…

Sec. 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 filing a report authorized, or reasonably believed to be authorized, under this subchapter may file …