Texas Law for the Social Worker

Vicki Hansen

Description

TEXAS LAW FOR THE SOCIAL WORKER: A 2016 SOURCEBOOK provides licensed social workers, social work students, and professors with the key legal and policy issues specific to the state of Texas today. Issues directly affecting practitioners and their students have been carefully selected from statutes, case laws, official archives of the Attorney General Opinions and Open Records Opinions, the Social Work Practice Act, and the NASW Code of Ethics. No other compilation of such critical, up-to-date material exists for the state of Texas. New up-to-date material from 83rd Legislative Session

Sujets

• Sociologie, société et politique
• Mental health law
• Social work

Informations

• Publié par: Bayou Publishing
• Date de parution: 01 décembre 2016
• Nombre de lectures: 0
• EAN13: 9781886298781
• Langue: English

Extrait

TEXAS LAW
for the
SOCIAL WORKER
A 2016 Sourcebook

E DITED BY
V ICKI H ANSEN AND J. R AY H AYS
                                
Copyright © 2016
by National Association of Social Workers — Texas Chapter
All rights reserved.
No part of this book may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the express written permission of the Author or Publisher, except for brief quotations in critical reviews. Inquiries should be addressed to Permissions, Bayou Publishing, 2524 Nottingham, Houston, TX 77005-1412. Ph: [phone]. E-mail: [e-mail] .
This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, psychotherapeutic or other professional service. If expert assistance is required, the services of a competent professional person should be sought. From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers.
Printed in the United States of America
Fourth Edition 10 9 8 7 6 5 4 3 2
Library of Congress Cataloging-in-Publication Data
Names: Hansen, Vicki, 1952- editor. | Hays, J. Ray (James Ray), 1942- editor. | National Association of Social Workers. Texas Chapter.
Title: Texas law for the social worker : a 2016 sourcebook / edited by Vicki Hansen and J. Ray Hays.
Description: Fourth edition. | Houston, TX : Bayou Publishing ; Austin, TX : NASW Texas Chapter, [2016] | Includes bibliographical references and index.
Identifiers: LCCN 2016014036 (print) | LCCN 2016014295 (ebook) | ISBN 9781886298569 (pbk. : alk. paper) | ISBN 9781886298781 (ePUB) | ISBN 9781886298736 (ePDF)
Subjects: LCSH: Social workers--Legal status, laws, etc.--Texas.
Classification: LCC KFT1549.5 .T49 2016 (print) | LCC KFT1549.5 (ebook) | DDC 344.76403/13--dc23
LC record available at http://lccn.loc.gov/2016014036
Published by:
National Association of Social Workers
Bayou Publishing
Texas Chapter
2524 Nottingham
810 West 11th Street., Suite 410
Houston, TX 77005-1412
Austin, TX 78701-2010
713-526-4558
[phone]
http://www.bayoupublishing.com
http://www.naswtx.org
C ONTENTS AT A G LANCE
S TATUTES
Occupations Code - Social Workers
Administrative Code
Civil Practice and Remedies Code
Code of Criminal Procedure
Education Code
Family Code
Government Code
Health and Safety Code
Human Resources Code
Insurance Code
Local Government Code
Occupations Code — Other
Penal Code
Probate Code
DSHS Rider 19
C ASE L AW
Confidentiality of Psychotherapy Notes
(Jaffee vs. Redmond)
Duty to Warn/Protect
(Thapar vs. Zezulka)
Derived Judicial Immunity & Duty to Report
(B.K. vs. Cox)
Confidentiality of a Child’s Mental Health Records
(Abrams vs. Jones)
H IPAA
Texas Law and the Federal Health Insurance Portability and Accountability Act
O PINIONS FROM THE A TTORNEY G ENERAL
Services Outside of Agency—Conflict of Interest?
Court-Ordered Social Studies on Personal Time
Political Activities of State Social Workers
Discretion for Reporting Sexual Abuse
Disclosure under Subpoena
Parent’s Access to School Counseling Records
Sex Offender Treatment License Necessary?
Grandparent Access to Children and Records
Reporting Abuse during Childhood of Now-Adult Patient
Reporting of Alleged Child Abuse
Using Advocates in School for Counseling
A PPENDIX A: C ODE OF E THICS
A PPENDIX B: R ULES & R EGS —T EXAS S TATE B OARD OF S OCIAL W ORKER E XAMINERS
A PPENDIX C: NASW/TX R ESOURCES
I NDEX
O RDERING I NFORMATION
N ATIONAL A SSOCIATION OF S OCIAL W ORKERS T EXAS C HAPTER
C ONTENTS
I NTRODUCTION TO THE F OURTH E DITION
I NTRODUCTION TO T HIRD E DITION
I NTRODUCTION TO F IRST AND S ECOND E DITIONS
A BOUT THE E DITORS
S TATUTES
O CCUPATIONS C ODE - S OCIAL W ORKERS
Chapter 505. Social Workers
SubChapter A. General Provisions
§505.001. Short Title
§505.002. Definitions (2011)
§505.0025. Practice of Social Work
§505.003. Applications and Exemptions
§505.004. Nondiscriminatory Actions and Decisions
§505.005. Application of Sunset Act
SubChapter B. Texas State Board of Social Worker Examiners
§505.101. Board; Membership
§505.201. General Rulemaking and Enforcement Authority
§505.202. Rules Restricting Advertising or Competitive Bidding
§505.203. Fees
§505.204. Board Duties Regarding Complaints
§505.205. Roster of License Holders
§505.206. Roster of Independent Social Workers
§505.207. Annual Report Regarding Licensing
§505.208. Annual Report Regarding Funds
§505.209. Rules on Consequences of Criminal Conviction
§505.210. Use of Technology
§505.211. Negotiated Rulemaking and Alternative Dispute Resolution Policy
SubChapter E. Public Access Information and Complaint Procedures
§505.251. Consumer Interest Information
§505.252. Complaints
§505.253. Records of Complaints
§505.254. General Rules Regarding Complaint Investigation and Disposition
§505.2545. Subpoenas
§505.2547. Complaint Committee
§505.255. Public Participation
SubChapter F. Specialty Areas of Social Work
§505.301. Establishment of Specialty Area
§505.302. Regulation of Specialty Areas
§505.303. Clinical Social Work Specialty
§505.304. Order of Recognition of Specialty
§505.305. Recognition of Specialty; Issuance of order
§505.306. Prohibited Use of Specialty Area Identification or Title
§505.307. Independent Practice Recognition; Minimum Qualifications.
SubChapter G. License Requirements
§505.351. License Required
§505.352. License Application
§505.353. Eligibility
§505.354. Examination
§505.3545. Jurisprudence Examination
§505.355. Examination Results
§505.356. Reexamination
§505.357. Temporary License
§505.3575. Issuance of Licenses to Certain Out-of-State Applicants
§505.358. Provisional License
§505.359. Issuance of License to Provisional License Holder
§505.360. Professional Identification [(d) Repealed 2003]
SubChapter H. Renewal of License and Order of Recognition of Specialty
§505.401. Staggered Expiration Dates
§505.402. Renewal of License and order of Recognition of Specialty
§505.403. Renewal of Expired License By Out-of-State Practitioner
§505.404. Continuing Education
§505.405. Grounds for Refusing Renewal
SubChapter I. Denial of License or Order and Disciplinary Procedures
§505.451. Grounds for Denial of License or order of Recognition of Specialty; Disciplinary Action
§505.452. Conditions of Probation
§505.453. Emergency Suspension
§505.454. Sanctions for Holder of Expired License or order of Recognition of Specialty
§505.455. Procedure; Hearing
§505.456. Schedule of Sanctions
§505.457. Informal Procedures
§505.458. Refund
SubChapter J. Penalties and Enforcement Provisions
§505.501. Monitoring of License Holder
§505.502. Prohibited Conduct by Business or Professional Entity
§505.503. Injunction
§505.504. Civil Penalty
§505.505. Appeal Bond Not Required
§505.506. Representation by Attorney General
§505.507. Criminal Penalty
§505.508. Cease and Desist Order
SubChapter K. Administrative Penalty
§505.551. Imposition of Administrative Penalty
§505.552. Amount of Administrative Penalty
§505.553. Report and Notice of Violation and Penalty
§505.554. Penalty To Be Paid or Hearing Requested
§505.555. Hearing
§505.556. Decision by Board
§505.557. Options Following Decision: Pay or Appeal
§505.558. Collection of Penalty
§505.559. Determination by Court
§505.560. Remittance of Penalty and Interest
§505.561. Administrative Procedure
SubChapter L. Reports of Certain Violations
§505.601. Report of Violation.
§505.602. Reporting Immunity
§505.603. Cause of Action for Retaliation
Social Worker Rules & Regs
Rules Relating to the Licensing and Regulation of Social Workers
(Title 22—Examining Boards, Part 34, Chapter 781)
A DMINISTRATIVE C ODE
Rule 89.1053 Procedures for Use of Restraint and Time-Out
(A) Requirement to Implement
(B) Definitions
(C) Use of Restraint
(D) Training on Use of Restraint
(E) Documentation and Notification on Use of Restraint
(F) Clarification Regarding Restraint
(G) Use of Time-Out
(H) Training on Use of Time-Out
(I) Documentation on Use of Time-Out
(J) Student Safety
(K) Data Reporting
(L) Excluded Provisions
§411.653. Standards for Services to Persons with Co-Occurring Psychiatric and Substance Use Disorders (COPSD)
§411.651. Purpose
§411.653. Definitions
§411.654. Services to Individuals with COPSD
§411.658. Specialty Competencies of Staff Providing Services to Individuals with COPSD
§411.660. Screening, Assessment, and Treatment Planning
C IVIL P RACTICE AND R EMEDIES C ODE
Sexual Exploitation by Mental Health Provider—§81
§81.001. Definitions
§81.002. Sexual Exploitation Cause of Action
§81.003. Liability of Employer
§81.004. Damages
§81.005. Defenses
§81.006. Reporting Therapist-Client Sexual Relationship
§81.007. Limited Immunity from Liability
§81.008. Admission of Evidence
§81.009. Limitations
Declaration for Mental Health Treatment—§137
§137.001. Definition
§137.002. Eligible Persons; Period of validity
§137.003. Execution and Witnesses
§137.004. Health Care Provider
§137.005. Limitation on Liability
§137.006. Discrimination in Relation to Execution of Declaration for Mental Health Treatment
§137.007. Use and Effect of Declaration for Mental Health Treatment
§137.008. Disregard of Declaration for Mental Health Treatment
§137.009. Conflicting or Contrary Provisions
§137.010. Revocation
§137.011. Form of Declaration for Mental Health Treatment
Declaration for Mental Health Treatment
Psychoactive Medications
Convulsive Treatment
Preferen