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 781.404 - Recognition as a Council-approved Supervisor and the Supervision Process
Universal Citation: 22 TX Admin Code ยง 781.404
Current through Reg. 49, No. 38; September 20, 2024
(a) Types of supervision include:
(1) administrative or work-related
supervision of an employee, contractor or volunteer that is not related to
qualification for licensure, practice specialty recognition, a disciplinary
order, or a condition of new or continued licensure;
(2) clinical supervision of a Licensed Master
Social Worker in a setting in which the LMSW is providing clinical services;
the supervision may be provided by a Licensed Professional Counselor, Licensed
Psychologist, Licensed Marriage and Family Therapist, Licensed Clinical Social
Worker or Psychiatrist. This supervision is not related to qualification for
licensure, practice specialty recognition, a disciplinary order, or a condition
of new or continued licensure;
(3)
clinical supervision of a Licensed Master Social Worker, who is providing
clinical services and is under a supervision plan to fulfill supervision
requirements for achieving the LCSW; a Licensed Clinical Social Worker who is a
Council-approved supervisor delivers this supervision;
(4) non-clinical supervision of a Licensed
Master Social Worker or Licensed Baccalaureate Social Worker who is providing
non-clinical social work service toward qualifications for independent
non-clinical practice recognition; this supervision is delivered by a
Council-approved supervisor; or
(5)
Council-ordered supervision of a licensee by a Council-approved supervisor
pursuant to a disciplinary order or as a condition of new or continued
licensure.
(b) A person who wishes to be a Council-approved supervisor must file an application and pay the applicable fee.
(1) A Council-approved
supervisor must be actively licensed in good standing by the Council as an
LBSW, an LMSW, an LCSW, or be recognized as an Advanced Practitioner (LMSW-AP),
or hold the equivalent social work license in another jurisdiction. The person
applying for Council-approved status must have practiced at his/her category of
licensure for two years. The Council-approved supervisor shall supervise only
those supervisees who provide services that fall within the supervisor's own
competency.
(2) The
Council-approved supervisor is responsible for the social work services
provided within the supervisory plan.
(3) The Council-approved supervisor must have
completed a 40-hour supervisor's training program acceptable to the Council.
(A) At a minimum, the 40-hour supervisor's
training program must meet each of the following requirements:
(i) the course must be taught by a licensed
social worker holding both the appropriate license classification, and
supervisor status issued by the Council;
(ii) all related coursework and assignments
must be completed over a time period not to exceed 90 days; and
(iii) the 40-hour supervision training must
include at least:
(I) three (3) hours for
defining and conceptualizing supervision and models of supervision;
(II) three (3) hours for supervisory
relationship and social worker development;
(III) twelve (12) hours for supervision
methods and techniques, covering roles, focus (process, conceptualization, and
personalization), group supervision, multi-cultural supervision (race, ethnic,
and gender issues), and evaluation methods;
(IV) twelve (12) hours for supervision and
standards of practice, codes of ethics, and legal and professional issues;
and
(V) three (3) hours for
executive and administrative tasks, covering supervision plan, supervision
contract, time for supervision, record keeping, and reporting.
(B) Subparagraph (A) of
this paragraph is effective September 1, 2023.
(4) The Council-approved supervisor must
submit required documentation and fees to the Council.
(5) When a licensee is designated
Council-approved supervisor, he or she may perform the following supervisory
functions.
(A) An LCSW may supervise clinical
experience toward the LCSW license, non-clinical experience toward the
Independent Practice Recognition (non-clinical), and Council-ordered probated
suspension;
(B) An LMSW-AP may
supervise non-clinical experience toward the non-clinical Independent Practice
Recognition; and Council-ordered probated suspension for non-clinical
practitioners;
(C) An LMSW with the
Independent Practice Recognition (non-clinical) who is a Council-approved
supervisor may supervise an LBSW's or LMSW's non-clinical experience toward the
non-clinical Independent Practice Recognition; and an LBSW or LMSW
(non-clinical) under Council-ordered probated suspension;
(D) An LBSW with the non-clinical Independent
Practice Recognition who is a Council-approved supervisor may supervise an
LBSW's non-clinical experience toward the non-clinical Independent Practice
Recognition; and an LBSW under Council-ordered probated suspension.
(6) The approved supervisor must
renew the approved supervisor status in conjunction with the biennial license
renewal. The approved supervisor may surrender supervisory status by
documenting the choice on the appropriate Council renewal form and subtracting
the supervisory renewal fee from the renewal payment. If a licensee who has
surrendered supervisory status desires to regain supervisory status, the
licensee must reapply and meet the current requirements for approved supervisor
status.
(7) A supervisor must
maintain the qualifications described in this section while he or she is
providing supervision.
(8) A
Council-approved supervisor who wishes to provide any form of supervision or
Council-ordered supervision must comply with the following:
(A) The supervisor is obligated to keep
legible, accurate, complete, signed supervision notes and must be able to
produce such documentation for the Council if requested. The notes shall
document the content, duration, and date of each supervision session.
(B) A social worker may contract for
supervision with written approval of the employing agency. A copy of the
approval must accompany the supervisory plan submitted to the
Council.
(C) A Council-approved
supervisor who is otherwise compensated for supervisory duties may not charge
or collect a fee or anything of value from the supervisee for the supervision
services provided to the supervisee.
(D) Before entering into a supervisory plan,
the supervisor shall be aware of all conditions of exchange with the clients
served by her or his supervisee. The supervisor shall not provide supervision
if the supervisee is practicing outside the authorized scope of the license. If
the supervisor believes that a social worker is practicing outside the scope of
the license, the supervisor shall make a report to the Council.
(E) A supervisor shall not be employed by or
under the employment supervision of the person who he or she is
supervising.
(F) A supervisor shall
not be a family member of the person being supervised.
(G) A supervisee must have a clearly defined
job description and responsibilities.
(H) A supervisee who provides client services
for payment or reimbursement shall submit billing to the client or third-party
payers which clearly indicates the services provided and who provided the
services, and specifying the supervisee's licensure category and the fact that
the licensee is under supervision.
(I) If either the supervisor or supervisee
has an expired license or a license that is revoked or suspended during
supervision, supervision hours accumulated during that time will be accepted
only if the licensee appeals to and receives approval from the
Council.
(J) A licensee must be a
current Council-approved supervisor in order to provide professional
development supervision toward licensure or specialty recognition, or to
provide Council-ordered supervision to a licensee. Providing supervision
without having met all requirements for current, valid Council-approved
supervisor status may be grounds for disciplinary action against the
supervisor.
(K) The supervisor
shall ensure that the supervisee knows and adheres to Subchapter B, Rules of
Practice, of this Chapter.
(L) The
supervisor and supervisee shall avoid forming any relationship with each other
that impairs the objective, professional judgment and prudent, ethical behavior
of either.
(M) Should a supervisor
become subject to a Council disciplinary order, that person is no longer a
Council-approved supervisor and must so inform all supervisees, helping them to
find alternate supervision. The person may reapply for Council-approved
supervisor status by meeting the terms of the disciplinary order and having
their license in good standing, in addition to submitting an application for
Council-approved supervisor, and proof of completion of a 40-hour
Council-approved supervisor training course, taken no earlier than the date of
execution of the Council order.
(N)
Providing supervision without Council-approved supervisor status is grounds for
disciplinary action.
(O) A
supervisor shall refund all supervisory fees the supervisee paid after the date
the supervisor ceased to be Council-approved.
(P) A supervisor is responsible for
developing a well-conceptualized supervision plan with the supervisee, and for
updating that plan whenever there is a change in agency of employment, job
function, goals for supervision, or method by which supervision is
provided.
(9) A
Council-approved supervisor who wishes to provide supervision towards licensure
as an LCSW or towards specialty recognition in Independent Practice (IPR) or
Advanced Practitioner (LMSW-AP), which is supervision for professional growth,
must comply with the following:
(A)
Supervision toward licensure or specialty recognition may occur in one-on-one
sessions, in group sessions, or in a combination of one-on-one and group
sessions. Session may transpire in the same geographic location, or via audio,
web technology or other electronic supervision techniques that comply with
HIPAA and Texas Health and Safety Code, Chapter 611, and/or other applicable
state or federal statutes or rules.
(B) Supervision groups shall have no fewer
than two members and no more than six.
(C) Supervision shall occur in proportion to
the number of actual hours worked for the 3,000 hours of supervised experience.
No more than 10 hours of supervision may be counted in any one month, or 30-day
period, as appropriate, towards satisfying minimum requirements for licensure
or specialty recognition.
(D) The
Council considers supervision toward licensure or specialty recognition to be
supervision which promotes professional growth. Therefore, all supervision
formats must encourage clear, accurate communication between the supervisor and
the supervisee, including case-based communication that meets standards for
confidentiality. Though the Council favors supervision formats in which the
supervisor and supervisee are in the same geographical place for a substantial
part of the supervision time, the Council also recognizes that some current and
future technology, such as using reliable, technologically-secure computer
cameras and microphones, can allow personal face-to-face, though remote,
interaction, and can support professional growth. Supervision formats must be
clearly described in the supervision plan, explaining how the supervision
strategies and methods of delivery meet the supervisee's professional growth
needs and ensure that confidentiality is protected.
(E) Supervision toward licensure or specialty
recognition must extend over a full 3000 hours over a period of not less than
24 full months for LCSW or Independent Practice Recognition (IPR). Even if the
individual completes the minimum of 3000 hours of supervised experience and
minimum of 100 hours of supervision prior to 24 months from the start date of
supervision, supervision which meets the Council's minimum requirements shall
extend to a minimum of 24 full months.
(F) The supervisor and the supervisee bear
professional responsibility for the supervisee's professional
activities.
(G) If the supervisor
determines that the supervisee lacks the professional skills and competence to
practice social work under a regular license, the supervisor shall develop and
implement a written remediation plan for the supervisee.
(H) Supervised professional experience
required for licensure must comply with §
781.401 of this title and §
781.402 of this title and all
other applicable laws and rules.
(10) A Council-approved supervisor who wishes
to provide supervision required as a result of a Council order must comply with
this title, all other applicable laws and rules, and/or the following.
(A) A licensee who is required to be
supervised as a condition of initial licensure, continued licensure, or
disciplinary action must:
(i) submit one
supervisory plan for each practice location to the Council for approval by the
Council or its designee within 30 days of initiating supervision;
(ii) submit a current job description from
the agency in which the social worker is employed with a verification of
authenticity from the agency director or his or her designee on agency
letterhead or submit a copy of the contract or appointment under which the
licensee intends to work, along with a statement from the potential supervisor
that the supervisor has reviewed the contract and is qualified to supervise the
licensee in the setting;
(iii)
ensure that the supervisor submits reports to the Council on a schedule
determined by the Council. In each report, the supervisor must address the
supervisee's performance, how closely the supervisee adheres to statutes and
rules, any special circumstances that led to the imposition of supervision, and
recommend whether the supervisee should continue licensure. If the supervisor
does not recommend the supervisee for continued licensure, the supervisor must
provide specific reasons for not recommending the supervisee. The Council may
consider the supervisor's reservations as it evaluates the supervision
verification the supervisee submits; and
(iv) notify the Council immediately if there
is a disruption in the supervisory relationship or change in practice location
and submit a new supervisory plan within 30 days of the break or change in
practice location.
(B)
The supervisor who agrees to provide Council-ordered supervision of a licensee
who is under Council disciplinary action must understand the Council order and
follow the supervision stipulations outlined in the order. The supervisor must
address with the licensee those professional behaviors that led to Council
discipline, and must help to remediate those concerns while assisting the
licensee to develop strategies to avoid repeating illegal, substandard, or
unethical behaviors.
(C)
Council-ordered and mandated supervision timeframes are specified in the
Council order.
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