Texas State Board of Social Worker Examiners
Apply for a New License - FAQs

Applications/Forms Complaint Process Contact Us Enforcement Actions Links Open Records Rules/Regulations Statutes/Laws

WHY SHOULD I GET MY LICENSE AS A SOCIAL WORKER IN TEXAS?

Why is licensure required?
Social workers are the largest professional group providing mental and social health services to the public. Their actions and decisions frequently have permanent, life-changing effects on individuals, families, and groups. Because of this, the Texas Legislature determined that the public should be protected from incompetent and unethical social work practices.
What does the licensure law do?
Chapter 505 of the Occupations Code is the legal recognition of the social work profession in Texas. Provisions for specialty recognition, private practice, and three categories of licensure are included in the law. The law restricts the use of any social work title or designation to those individuals who meet the minimum qualifications and are licensed.
Must I become licensed?
Licensure is required if you identify yourself as a social worker by using titles or initials that create the impression that you are qualified or authorized to practice social work. This includes using any title containing the words "Social Worker" or initials such as LSW, or LMSW. The board may impose a civil or administrative penalty of not les then $50.00 or more then $500.00 per day for each day an unlicensed individual holds them selves out to be a social worker.
Is anyone exempt from licensure?
You are exempt from licensure if you do not represent yourself to the public - directly or indirectly - as a social worker and do not use any name, title, or designation indicating authorization to practice social work.
When may I start using the titles and initials that indicate my license?
Once you have paid your licensing fee and been issued a licensed, you may use your license title or initials.
Am I required to use licensure titles?
You are required to indicate your license status by including your license title or initials in all professional uses of your name. This includes, but is not limited to, letters, business cards, and advertising
Why do I have to use license title or initials?
The effectiveness of the licensure program is dependent on public awareness. The use of licensing titles or initials informs the public that the individual has met the minimum qualifications for licensure and is governed by the license regulations of the board.
Where should my license be displayed?
The law requires you to display your license prominently in your place of business. Board rules also require you display a copy of the code of conduct issued to you by the board at the time of licensure providing the consumer with complaint information.
May I maintain my license if I am not working as a social worker or not living in Texas?
Employment in a social work position or residence in Texas is not required to hold an active license. However, inactive status is available if you are not currently employed in social work or are living outside of Texas. Inactive status may be requested at the time of renewal. The fee for inactive status is $30 and may be renewed biennially. While you are on inactive status, no documentation of continuing education is required. If you are on inactive status, you may return to active licensure without penalty or reapplication.
What happens to my license if I retire?
Persons 55 or older and disabled persons of any age who are not working as a social worker may apply for an emeritus license. An emeritus license is valid for life as long as you do not return to full- or part-time paid employment. No renewal fees are charged, and no continuing education is required.
When should I notify the board of an address change?
It is your responsibility to notify the board in writing of any address changes as soon as possible. You are responsible for all penalty charges incurred due to failure to notify the board of an address change. Be sure to print or type all address changes. Include your name as it appears on your license, your license number, your new address, and home phone number.
What if my license is lost or damaged?
If your license is lost or damaged, you may obtain a duplicate license upon written request. There is a $10 charge for duplicate licenses. You are responsible for the use or misuse of a license issued to you.
Are there other requirements once I become licensed?
Yes. You are required to comply with all licensing regulations and to notify the board if you are arrested for a crime. You must also inform the board of any criminal investigations or convictions or of any complaints filed against you or any action by any licensing or certification body related to health or mental health care services.
What consumer information is available and where should it be displayed?
A consumer information sign including the code of conduct and containing information clients need if they wish to make a complaint about a social worker is sent along with your license. It is available in English and Spanish. You must display the code of ethics in your place of business at all times. Additional copies of this sign can be obtained through this office. The brochure "A Consumers' Guide to Social Work Licensing" is also available through the board's internet website.

I AM LICENSED IN A DIFFERENT STATE. DOES TEXAS HAVE RECIPROCITY WITH OTHER STATES?

Does Texas have reciprocity with other states?
Texas has no formal reciprocity agreements with other states. If you have been licensed or certified in another state and that license was granted based on an ASWB examination, you may be eligible for a waiver of the examination requirement for licensure in Texas. Complete the Verification of Licensure in Another State form in the application packet. You will need to meet all criteria for the category of licensure you are applying for.

WHEN I BECOME LICENSED I WOULD LIKE TO WORK INDEPENDENTLY, WHAT IS REQUIRED TO BE RECOGNIZED FOR INDEPENDENT PRACTICE?

Currently the board defines independent practice and private practice as:
(D) Independent Practice - The practice of social work outside the jurisdiction of an organizational setting, after completion of all applicable supervision requirements, in which the social worker assumes responsibility and accountability for the nature and quality of the services provided to clients.
(E) Private Practice - The provision of clinical social work in independent practice wherein the practitioner is solely responsible for the welfare of the client and the services rendered.

To qualify for independent practice recognition a social worker must:
According to the rules of the board:
(B) Only a person who is licensed and has been recognized by the board for independent practice is qualified for the independent practice of social work.
     (1) A LCSW may provide any clinical or non-clinical social work services in either an employment or independent practice setting.
     (2) A LMSW-AP, LBSW or LMSW recognized for independent practice must restrict his or her independent practice to the provision of non-clinical social work services.
    (3)A licensee must not engage in any independent practice that falls within the definition of social work practice (relating to definitions) without being licensed and recognized by the board unless the person is licensed in another profession and acting solely within the scope of that license. The person may not use the titles "licensed clinical social worker," "licensed master social worker," "licensed social worker," "licensed baccalaureate social worker,"or any other title or initials that states or implies licensure or certification in social work unless one holds the appropriate license or recognition.
     (4)A licensee who is not recognized for independent practice may not provide direct social work services to clients from a location that she or he owns or leases and that is not owned or leased by an employer or other legal entity with responsibility for the client. This does not preclude in home services such as in home health care or the use of telephones or other electronic media to provide services in an emergency.

§781.302 Supervision for LCSW or LMSW-AP
(A) A LMSW who plans to apply for the LCSW or LMSW-AP must:
     (1) submit a supervisory plan to the board for approval by the appropriate committee of the board or executive director within 30 days of initiating supervision. If the LMSW fails to submit a supervisory plan, then the LMSW will need to submit documentation regarding dates, times and summary of all supervisory sessions at the time the LMSW makes application for the LCSW or LMSW-AP;
     (2) 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 their designee on agency letterhead.
     (3) submit a supervision verification form to the board within 30 days of the end of each supervisory plan with each supervisor. If the supervisor does not recommend the supervisee for recognition as an AP or ACP, the supervisor must provide specific reasons for not recommending the supervisee. The board may consider the supervisor's reservations in its evaluation of qualifications of the supervisee.
     (4) submit a new supervisory plan within 30 days of changing supervisors.
     (5) A person who has obtained only the temporary license may not begin the supervision process until the issuance of the regular license.

§781.303 Independent Practice Recognition
A LBSW or LMSW who seeks to obtain board approval for the recognition of independent practice shall meet requirements and parameters set by the board.
(A) To qualify for the recognition of independent practice, as a LBSW, an individual, after licensure, shall obtain 3000 hours of Board approved supervised experience over a minimum two-year period, but within a maximum four-year period or its equivalent if the experience was completed in another state. Supervised experience must have occurred within the five (5) previous calendar years occurring from the date of application.
(B) To qualify for the recognition of independent practice, as a LMSW, an individual, after licensure, shall obtain 3000 hours of Board approved supervised experience over a minimum two- year period, but within a maximum four-year period or its equivalent if the experience was completed in another state. Supervised experience must have occurred within the five (5) previous calendar years occurring from the date of application.
(C) To qualify for independent practice the licensee must complete a minimum of 100 hours of face-to-face supervision, over the course of the 3000 hours of experience, with a board approved supervisor. A licensee who plans to apply for independent practice recognition shall:
     (1) submit a supervisory plan to the board for approval by the appropriate committee of the board or executive director within 30 days of initiating supervision. If the licensee fails to submit a supervisory plan, then the LMSW or LBSW will need to submit documentation regarding dates, times and summary of all supervisory sessions prior to the time the licensee makes application for the upgrade.
     (2) submit a current job description from the agency the social worker is employed in with a verification of authenticity from the agency director or their designee on agency letterhead.
     (3) submit a supervision verification form to the board within 30 days of the end of each supervisory plan with each supervisor. If the supervisor does not recommend the supervisee for recognition as an independent practice, the supervisor must provide specific reasons for not recommending the supervisee. The board may consider the supervisor's reservations in its evaluation of qualifications of the supervisee.
     (4) submit a new supervisory plan within 30 days of changing supervisors.
     (5) An individual providing supervision to a LBSW shall be a LBSW, LMSW, LMSW-AP or LCSW. An individual providing supervision to a LMSW shall be a LMSW, LMSW-AP or LCSW. In addition to the required licensure, the supervisor shall be board-approved and have attained the recognition of independent practice.
(D) A person who has obtained only the temporary license may not begin the supervision process until the issuance of the regular license.
(E) The board may use the twenty common law factors developed by the Internal Revenue Service (IRS) to determine if a worker is an independent contractor or an employee as follows:
     (1) No instructions to accomplish a job.
     (2) No training by the hiring company.
     (3) Others can be hired by the independent contractor (sub-contracting).
     (4) Independent contractor's work is not essential to the company's success or continuation.
     (5) No time clock.
     (6) No permanent relationship between the contractor and company.
     (7) Independent contractors control their own workers.
     (8) Independent contractor should have enough time available to pursue other jobs.
     (9) Independent contractor determines location of work.
     (10) Independent contractor determines order of work.
     (11) No interim reports.
     (12) No hourly pay.
     (13) Independent contractor often works for multiple firms.
     (14) Independent contractor is often responsible for own business expenses.
     (15) Own tools.
     (16) Significant investment.
     (17) Services available to the public by having an office and assistants; having business signs; having a business license; listing their services in a business directory; or advertising their services.
     (18) Profit or loss possibilities.
     (19) Can't be fired.
     (20) No compensation if the job isn't done.

How do I find an approved supervisor?
Send a 3.5 Floppy disk in PC format with a self-addressed stamped return mailer and a letter indicating the area of the state you are requesting addresses for. We can provide the entire database on one disk. Send it to TSBSWE 1100 W. 49th Street Austin TX 78756. Takes approximately two weeks after the Board receives the request to return it to you.

How do I get an application to receive recognition for independent practice?
The application is available on our "Applications/Forms" web page.

I would like to become an approved supervisor. What is the process?
According to the board rules: §781.304 Recognition as an approved supervisor and supervision process A person who wishes to be an approved supervisor must file a request with the board.
(A) A supervisor must:
     (1) be a LBSW, LMSW, LCSW or LMSW-AP in good standing or hold the equivalent social work license or certification in another state;
     (2) take professional responsibility for the social work services provided within the supervisory plan;
     (3) have completed a supervisor's training program acceptable to the board;
     (4) currently be engaged in the practice of social work and self-identified as a social worker.
     (5) submit the required documentation and fee to the board for approval
     (6) pay the annual Approved Supervisor fee as listed in §781.217 of the board rules
(B) On receipt of the request and verification of qualifications, the board will issue a letter of approval to a qualified supervisor.
(C) A supervisor must maintain the qualifications described in subsection(a) of this section while he or she is providing supervision.
(D) Supervisory sessions may be in one-on-one sessions or in a combination of individual and group sessions.
     (1) There can be no more than six individuals in a supervision group.
     (2) Supervision shall be spread out over the experience of the supervisee.
     (3) Supervision shall be accomplished in one or two hour blocks not exceeding 10 hours per month.
(f) Supervision must be face-to-face meetings between the supervisor and supervisee unless the executive director of the board or a committee of the board has granted an exception allowing an alternate form of supervision due to geographical difficulties or physical disabilities. If an alternate form of supervision is approved, limits may be set on the amount of alternate supervision to assure sufficient interaction between the supervisor and supervisee.
(E) Supervision must extend over a full 3000 hours. Supervision must average one hour per 30-40 hours of social work services over the full period. Individuals who work less than 30 hours per week will be credited for experience and supervision in proportion to the average hours worked per week.
(F) 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 board.
(G) A board-approved supervisor may not charge or collect a fee or anything of value from his or her employee or contract employee for the supervision services provided to the employee or contract employee.
(H) The supervisor must be responsible for establishing all conditions of exchange with the clients served by her or his supervisee.
(I) Supervision completed before the effective date of this chapter will be evaluated on the basis of the rules in effect at the time the supervision plan or verification is submitted to the board.
(J) A supervisor may not be "employed by" or "under the employment supervision of" the person whom he or she is supervising.
(K) A supervisor may not be related within the second degree by affinity (marriage) or within the third degree by consanguinity (blood or adoption) to the person whom he or she is supervising.
(L) During the period of supervised experience, a supervisee may be employed on a salary basis or volunteer within an established supervisory setting. The established settings must be structured with clearly defined job descriptions and areas of responsibility. The board may require that the applicant provide documentation of all work experience.
(M) All supervision submitted in fulfillment of the board's requirements must have been on a formal basis arranged prior to the period of supervision. Supervisory arrangements must include all specific conditions agreed to by the supervisor and supervisee.
(N) No payment for services will be made directly by a client to the supervisee.
(O) Client records are the responsibility of the agency and shall remain the property of the agency and not the property of the supervisee.
(P) A supervisor shall submit billing reflective of the services provided and the provider of that service. All billing documents for services provided by the supervisee shall reflect the license held by the supervisee and that the licensee is under supervision.

How do I get an application to become an approved supervisor?
The application is available on our "Applications/Forms" web page.

Last Updated June 9, 2005