TITLE 22. EXAMINING BOARDS
PART 8. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
CHAPTER 153. RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
22 TAC §153.16The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §153.16, License Reinstatement.
The amendments are adopted without changes to the proposed text as published in the December 6, 2024, issue of the Texas Register (49 TexReg 9870) and will not be republished.
The amendments to §153.16 define the requirements for the reinstatement of an expired trainee license.
No comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Occupations Code §1103.151, which authorizes TALCB to adopt rules related to certificates and licenses that are consistent with applicable federal law and guidelines adopted by the AQB; §1103.152, which authorizes TALCB to prescribe qualifications for appraisers that are consistent with the qualifications established by the Appraiser Qualifications Board; and §1103.154, which authorizes TALCB to adopt rules relating to professional conduct.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500709
Kathleen Santos
General Counsel
Texas Appraiser Licensing and Certification Board
Effective date: March 17, 2025
Proposal publication date: December 6, 2024
For further information, please call: (512) 936-3088
CHAPTER 159. RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT
22 TAC §159.203, §159.204The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §159.204, Complaint Processing and new 22 TAC §159.203, Sanctions Guidelines.
The amendments and new rule are adopted without changes to the proposed text as published in the December 6, 2024, issue of the Texas Register (49 TexReg 9871) and will not be republished.
The amendments to §159.204 clarifies the preliminary investigative review process, adds a subsection for the online payment of administrative penalties and required fees, and removes the sanctions guidelines for placement into new rule, 159.203.
New §159.203 is formerly section (m) of §159.204 that outlines the Board's sanctions guidelines and factors taken into consideration for case disposition. Both rules are amended for renumbering and to reflect corresponding references to sections within the rule.
No comments were received regarding adoption of the amendments and new rule.
The amendments and new rule are adopted under Texas Occupations Code §1104.151, which authorizes TALCB to adopt rules necessary to administer the provisions of Chapter 1104, Texas Occupations Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500711
Kathleen Santos
General Counsel
Texas Appraiser Licensing and Certification Board
Effective date: March 17, 2025
Proposal publication date: December 6, 2024
For further information, please call: (512) 936-3088
PART 21. TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER
B.
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Psychologists adopts the amendments to §463.9, relating to Licensed Specialist in School Psychology. Section 463.9 is adopted without changes as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9696) and will not be republished.
Reasoned Justification.
The adopted amendments adjust language identified during the quadrennial rule review to better align with statute regarding unlicensed practice of school psychology outside an educational program. The amendment will clarify an unlicensed individual may complete an internship or other program if begun while enrolled in a psychology program.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
None.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
The agency received two comments in favor of the rule change, noting appreciation for the rule change including a way for students to complete their internships even after graduation.
Top of Form
Agency Response.
The agency appreciates the public input.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §501.1515 of the Tex. Occ. Code the Texas State Board of Examiners of Psychologists previously voted and, by a majority, approved to propose the adoption of this rule to the Executive Council. The rule is specifically authorized by §501.1515 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed the rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 501 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500693
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Psychologists adopts the amendments to §463.10, relating to Licensed Psychologists. Section 463.10 is amended without changes as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9698) and will not be republished.
Reasoned Justification.
The adopted amendments remove language identified during the quadrennial rule review to align with statute regarding waiving experience requirements for applicants with a license in another jurisdiction.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
None.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
None.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §501.1515 of the Tex. Occ. Code the Texas State Board of Examiners of Psychologists previously voted and, by a majority, approved to propose the adoption of this rule to the Executive Council. The rule is specifically authorized by §501.1515 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed the rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 501 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500694
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
SUBCHAPTER
E.
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Psychologists adopts the amendment to §463.31, relating to Minimum Passing Scores for Examinations. Section 463.31 is amended without changes as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9700) and will not be republished.
Reasoned Justification.
The adopted amendments reduce the required passing score on the psychology jurisprudence exam from 90% to 85%.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
The agency received five comments in opposition to the rule change. Commenters opposed lowering the jurisprudence exam passing score because of concerns of lower licensing standards. They stated that lowering the passing score could lead to increased examples of unethical practice and, ultimately, public harm.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
One individual commented in favor of the rule change, noting that test question construction can make it difficult to pass even when an open book exam.
Agency Response.
The agency appreciates the public input. The agency disagrees that setting the jurisprudence exam passing score at 85 percent will create a decrease in licensing standards. The agency monitors test performance and has chosen the passing score based on a holistic look at the test performance data and trends.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §501.1515 of the Tex. Occ. Code the Texas State Board of Examiners of Psychologists previously voted and, by a majority, approved to propose the adoption of this rule to the Executive Council. The rule is specifically authorized by §501.1515 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed the rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 501 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500695
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
PART 30. TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER
B.
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors adopts amendments to §681.37, relating to Billing and Financial Arrangements. Section 681.37 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9702) and will not be republished.
Reasoned Justification.
The adopted amendments remove language identified during the quadrennial rule review to better align with the agency's statute.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
One commenter opposed the rule stating that cross references to other codes and rules are helpful to licensees.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
One person supported the proposed change without comment.
Agency Response.
The agency appreciates the public comments. The proposed change will not remove any helpful cross references, but will only eliminate a statement that does not align with the agency's statute.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §503.2015 of the Tex. Occ. Code the Texas State Board of Examiners of Professional Counselors previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §503.2015 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500696
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Professional Counselors
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors adopts amendments to §681.41, relating to General Ethical Requirements. Section 681.41 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9703) and will not be republished.
Reasoned Justification.
The adopted amendments remove language identified during the quadrennial rule review as potentially unenforceable, while not changing the substantive requirement that a licensee not make or benefit from false, misleading, deceptive, fraudulent, or exaggerated claims.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
Four individuals commented against the proposed rule, suggesting that it is important for license holders to correct misinformation when they learn of it. Several commenters mentioned the danger of false information appearing online, including fake online reviews.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
One commenter supported the proposed amendment without comment.
Agency Response.
The agency appreciates the public comment. The proposed amendment will eliminate blanket language requiring a licensee to correct misrepresentations made by another person without any evidence of impact to the licensee or a client. However, Council rules will continue to prohibit a licensee from benefiting from any false, deceptive, or fraudulent statements, which would include having someone post false advertisements online.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §503.2015 of the Tex. Occ. Code the Texas State Board of Examiners of Professional Counselors previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §503.2015 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500697
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Professional Counselors
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors adopts the repeal of §681.44, relating to Drugs and Alcohol Use. Section 681.44 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9705) and will not be republished.
Reasoned Justification.
The adopted repeal removes language identified during the quadrennial rule review as unnecessary and duplicative, without changing the substantive impact of the rules.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
None.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
One public commenter supported the repeal, noting the substance of the rule is stated elsewhere in the board's rules.
Agency Response.
The agency appreciates the public comment in support of the rule change.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §503.2015 of the Tex. Occ. Code the Texas State Board of Examiners of Professional Counselors previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §503.2015 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500698
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Professional Counselors
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors adopts the repeal of §681.47, relating to Assumed Names. Section 681.47 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9706) and will not be republished.
Reasoned Justification.
The adopted repeal removes language identified during the quadrennial rule review as potentially in conflict with the Texas Business and Commerce Code, while not changing the substantive requirement in other rules that a licensee not make or benefit from false, misleading, deceptive, fraudulent, or exaggerated claims.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
None.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
N/A.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §503.2015 of the Tex. Occ. Code the Texas State Board of Examiners of Professional Counselors previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §503.2015 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500699
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Professional Counselors
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors adopts amendments to §681.49, relating to Advertising and Announcements. Section 681.49 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9707) and will not be republished.
Reasoned Justification.
The adopted amendments remove language identified during the quadrennial rule review as potentially unenforceable, while not changing the substantive requirement that a licensee not make or benefit from false, misleading, or deceptive advertising.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
Two commenters were neutral on the rule proposal, with one noting rewording of the rule language might make more sense than repeal. The other felt that any rule changes need to be better communicated because some supervisors report wrong information.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
The agency appreciates the public input. The agency believe existing rule language is sufficient to protect against false advertisements and the language proposed to be repealed does not need rewording. The agency also takes multiple steps to advertise upcoming rule changes to the licensed community.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §503.2015 of the Tex. Occ. Code the Texas State Board of Examiners of Professional Counselors previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §503.2015 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500700
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Professional Counselors
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
SUBCHAPTER
C.
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors adopts amendments to §681.81, relating to General Academic Requirements. Section 681.81 is adopted with changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9709) and will be republished.
Reasoned Justification.
The adopted amendments remove language identified during the quadrennial rule review that is superseded by Council rule §882.11.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
None.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
One commenter supported the proposed change without comment.
Agency Response.
The agency appreciates the public support.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §503.2015 of the Tex. Occ. Code the Texas State Board of Examiners of Professional Counselors previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §503.2015 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
§
681.81.
(a) The Council will accept as meeting academic requirements graduate degrees from accredited schools that meet the requirements of §681.82 of this title and §681.83 of this title.
(b) The applicant must provide the Council with documents and evidence to establish his or her formal education is equivalent to at least a master's degree granted by an accredited school. In order to meet this requirement the applicant must comply with Council §882.11 of this title.
(c) Applicants must provide upon request a course description from an official school catalog or bulletin or a course syllabus to substantiate the relevance of the course to the academic requirements of §681.83 of this title.
(d) The Council will not consider undergraduate level courses as meeting any academic requirements for licensure unless the applicant's official transcript clearly shows the course was awarded graduate credit by the school.
(e) The Council will consider courses for which an applicant's official transcript indicates a passing grade or credit was earned.
(f) In evaluating transcripts, the Council will consider a quarter hour of academic credit as two-thirds of a semester hour.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500701
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Professional Counselors
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors adopts amendments to §681.92, relating to Experience Requirements. Section 681.92 is adopted with changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9710) and will be republished.
Reasoned Justification.
The adopted amendments remove language identified during the quadrennial rule review as unnecessary and duplicative, without changing the substantive impact of the rule.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
One individual suggested the removed language should be rewritten to clarify whether an LPC associate may have more than one supervisor.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
One individual supported the rule change since the removed language is already elsewhere in the board rules.
Agency Response.
The agency appreciates the public comment. The agency does not believe any additional wording changes are necessary, and the proposed repeal of language is appropriate, because elsewhere in the rules make clear an LPC associate may have up to only two supervisors.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §503.2015 of the Tex. Occ. Code the Texas State Board of Examiners of Professional Counselors previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §503.2015 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
§
681.92.
(a) All applicants for LPC licensure must complete supervised experience acceptable to the Council of 3,000 clock-hours under a Council-approved supervisor.
(1) All internships physically occurring in Texas must be completed under the supervision of a Council-approved supervisor.
(2) For all internships physically completed in a jurisdiction other than Texas, the supervisor must be a person licensed or certified by that jurisdiction in a profession that provides counseling and who has the academic training and experience to supervise the counseling services offered by the Associate. The applicant must provide documentation acceptable to the Council regarding the supervisor's qualifications.
(b) The supervised experience must include at least 1,500 clock-hours of direct client counseling contact. Only actual time spent counseling may be counted.
(c) An LPC Associate may not complete the required 3,000 clock-hours of supervised experience in less than 18 months.
(d) The experience must consist primarily of the provision of direct counseling services within a professional relationship to clients by using a combination of mental health and human development principles, methods, and techniques to achieve the mental, emotional, physical, social, moral, educational, spiritual, or career-related development and adjustment of the client throughout the client's life.
(e) The LPC Associate must receive direct supervision consisting of a minimum of four (4) hours per month of supervision in individual (up to two Associates) or group (three or more) settings while the Associate is engaged in counseling unless an extended leave of one month or more is approved in writing by the Council approved supervisor. No more than 50% of the total hours of supervision may be received in group supervision.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500702
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Professional Counselors
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors adopts amendments to §681.101, relating to Examinations. Section 681.101 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9712) and will not be republished.
Reasoned Justification.
The adopted amendments remove language identified during the quadrennial rule review as unnecessary and duplicative, without changing the substantive impact of the rule.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
One commenter disagreed with the rule change, asking that the rule specify applicants are required to take the LPC jurisprudence.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
One individual supported the rule without comment.
Agency Response.
The agency appreciates the public input. The agency does not believe any additional clarification is needed to the rule, as the jurisprudence exam requirement is clearly within the context of applying for an LPC license and must therefore be the applicable jurisprudence exam.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §503.2015 of the Tex. Occ. Code the Texas State Board of Examiners of Professional Counselors previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §503.2015 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500703
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Professional Counselors
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
SUBCHAPTER
D.
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors adopts amendments to §681.204, relating to Other Actions. Section 681.204 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9713) and will not be republished.
Reasoned Justification.
The adopted amendments remove language identified during the quadrennial rule review to better align with the agency's statute.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
One individual commented in opposition to the removal of conditional letters of agreement as a board tool, but recognized there was no statutory support for these agreements.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
The agency appreciates the public input, and notes the removal of this language is necessary to align the boards rules with its statutory authority, which does not include issuing conditional letters of agreement.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §503.2015 of the Tex. Occ. Code the Texas State Board of Examiners of Professional Counselors previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §503.2015 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500704
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Professional Counselors
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors adopts amendments to §681.205, relating to Schedule of Sanctions. Section 681.205 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9714) and will not be republished.
Reasoned Justification.
The adopted amendments update the schedule of sanctions to reflect amendments proposed in other rules.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
None.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
One individual supported the rule change, appreciating the agency's staff for keeping the schedule of sanctions up to date.
Agency Response.
The agency appreciates the public input.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §503.2015 of the Tex. Occ. Code the Texas State Board of Examiners of Professional Counselors previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §503.2015 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500706
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Professional Counselors
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
PART 34. TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS
CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER
B.
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners adopts amended §781.306, relating to Professional Representation. Section 781.306 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9715) and will not be republished.
Reasoned Justification.
The adopted amendments remove language identified during the quadrennial rule review as potentially unenforceable, while not changing the substantive requirement that a licensee not make or benefit from false, misleading, deceptive, fraudulent, or exaggerated claims.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
The agency received two comments against the proposed rule change. These comments stated the proposed repealed language is important to prevent harm to the public and the profession, requiring social workers to make sure all representations about their services are accurate. One commenter specifically discussed the potential for false online reviews to be posted by people affiliated with a licensed social worker.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
The agency appreciates the public comment. The proposed amendment will eliminate blanket language requiring a licensee to correct misrepresentations made by another person without any evidence of impact to the licensee or a client. However, Council rules will continue to prohibit a licensee from benefiting from any false, deceptive, or fraudulent statements, which would include having someone post false advertisements online.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §505.2015 of the Tex. Occ. Code the Texas State Board of Social Worker Examiners previously voted and, by a majority, approved to propose the adoption of this rule to the Executive Council. The rule is specifically authorized by §505.2015 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed the rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 505 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500707
Darrel D. Spinks
Executive Director
Texas State Board of Social Worker Examiners
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners adopts amendments to §781.310, relating to Billing and Financial Relationships. Section 781.310 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9717) and will not be republished.
Reasoned Justification.
The adopted amendments remove language identified during the quadrennial rule review to better align with the agency's statute.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
None.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
N/A.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §505.2015 of the Tex. Occ. Code the Texas State Board of Social Worker Examiners previously voted and, by a majority, approved to propose the adoption of this rule to the Executive Council. The rule is specifically authorized by §505.2015 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed the rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 505 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500708
Darrel D. Spinks
Executive Director
Texas State Board of Social Worker Examiners
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners adopts the repeal of §781.313, relating to Corporations and Business Names. Section 781.313 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9718) and will not be republished.
Reasoned Justification.
The adopted repeal remove language identified during the quadrennial rule review as potentially in conflict with the Texas Business and Commerce Code, while not changing the substantive requirement in other rules that a licensee not make or benefit from false, misleading, deceptive, fraudulent, or exaggerated claims.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
None.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
N/A.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §505.2015 of the Tex. Occ. Code the Texas State Board of Social Worker Examiners previously voted and, by a majority, approved to propose the adoption of this rule to the Executive Council. The rule is specifically authorized by §505.2015 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed the rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 505 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500710
Darrel D. Spinks
Executive Director
Texas State Board of Social Worker Examiners
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
SUBCHAPTER
D.
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners adopts amended §781.804, relating to Other Actions. Section 781.804 is adopted with changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9719) and will be republished.
Reasoned Justification.
The adopted amendments remove language identified during the quadrennial rule review to better align with the agency's statute.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
None.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
N/A.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §505.2015 of the Tex. Occ. Code the Texas State Board of Social Worker Examiners previously voted and, by a majority, approved to propose the adoption of this rule to the Executive Council. The rule is specifically authorized by §505.2015 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed the rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 505 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
§
781.804.
Complaints may be resolved by issuance of a warning letter. Warning letters inform licensees of their duties under the Act, the Council Act, or council rules and whether the council has a concern about the circumstances surrounding the complaint.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500713
Darrel D. Spinks
Executive Director
Texas State Board of Social Worker Examiners
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners adopts amendments to §781.805, relating to Schedule of Sanctions. Section 781.805 is adopted with changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9720) and will be republished.
Reasoned Justification.
The adopted amendments update the schedule of sanctions to reflect amendments proposed in other rules.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
None.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
N/A.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §505.2015 of the Tex. Occ. Code the Texas State Board of Social Worker Examiners previously voted and, by a majority, approved to propose the adoption of this rule to the Executive Council. The rule is specifically authorized by §505.2015 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed the rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 505 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
§
781.805.
The following standard sanctions shall apply to violations of the Act and these rules.
Figure: 22 TAC §781.805 (.pdf)
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500714
Darrel D. Spinks
Executive Director
Texas State Board of Social Worker Examiners
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
PART 35. TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER
B.
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts amendments to §801.43, relating to Professional Representation. Section 801.43 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9722) and will not be republished.
Reasoned Justification.
The adopted amendments remove language identified during the quadrennial rule review as potentially unenforceable, while not changing the substantive requirement that a licensee not make or benefit from false, misleading, deceptive, fraudulent, or exaggerated claims.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
One comment against the rule amendment stated the proposal was an "unneeded change that will harm both professionalism and the Texas public," discussing the possibility of a licensee having someone post false online reviews about their practice.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
The agency appreciates the public comment. The proposed amendment will eliminate blanket language requiring a licensee to correct misrepresentations made by another person without any evidence of impact to the licensee or a client. However, Council rules will continue to prohibit a licensee from benefiting from any false, deceptive, or fraudulent statements, which would include having someone post false advertisements online.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §502.1515 of the Tex. Occ. Code the Texas State Board of Examiners of Marriage and Family Therapists previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §502.1515 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 502 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500715
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts amendments to §801.44, relating to Relationships with Clients. Section 801.44 is adopted with changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9723) and will be republished.
Reasoned Justification.
The adopted amendments will remove language identified during the quadrennial rule review to better align with the agency's statute.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
One commenter opposed the proposed change on the grounds that having cross references to other codes and rules is helpful information for licensees.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
The agency appreciates the public comment. The proposed changes do not eliminate cross references to any code or rules, but simply repeals a sentence that did not accurately state the law.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §502.1515 of the Tex. Occ. Code the Texas State Board of Examiners of Marriage and Family Therapists previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §502.1515 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 502 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
§
801.44.
(a) A licensee must provide marriage and family therapy professional services only in the context of a professional relationship.
(b) A licensee must make known in writing to a prospective client the important aspects of the professional relationship, including the licensee's status as an LMFT or LMFT Associate, any probationary status or other restrictions placed on the licensee by the council, office procedures, after-hours coverage, fees, and arrangements for payment (which might affect the client's decision to enter into the relationship).
(c) A licensee must obtain an appropriate consent for treatment before providing professional services. A licensee must make reasonable efforts to determine whether the conservatorship, guardianship, or parental rights of the client have been modified by a court. Before the commencement of therapy services to a minor client who is named in a custody agreement or court order, a licensee must obtain and review a current copy of the custody agreement or court order in a suit affecting the parent-child relationship. A licensee must maintain these documents in the client's record. When federal or state statutes provide an exemption to secure consent of a parent or guardian before providing services to a minor, such as in Texas Family Code, Chapter 32, a licensee must follow the protocol set forth in such federal or state statutes.
(d) A licensee must make known in writing to a prospective client the confidential nature of the client's disclosures and the clinical record, including the legal limitations of the confidentiality of the mental health record and information.
(e) No commission or rebate or any other form of remuneration may be given or received by a licensee for the referral of clients for professional services. A licensee employed or under contract with a chemical dependency facility or a mental health facility must comply with the requirements in Texas Health and Safety Code, §164.006.
(f) A licensee may not exploit the licensee's position of trust with a client or former client.
(g) A licensee may not engage in activities that seek to meet the licensee's personal needs instead of the needs of the client.
(h) A licensee may not provide marriage and family therapy services to family members, personal friends, educational associates, business associates, or others whose welfare might be jeopardized by such a dual relationship.
(i) A licensee must set and maintain professional boundaries with clients and former clients.
(j) A licensee may disclose confidential information to medical or law enforcement personnel if the licensee determines there is a probability of imminent physical injury by the client to the client or others or there is a probability of immediate mental or emotional injury to the client.
(k) In group therapy settings, the licensee must take reasonable precautions to protect individuals from physical or emotional trauma resulting from interaction within the group.
(l) A licensee must make a reasonable effort to avoid non-therapeutic relationships with clients or former clients. A non-therapeutic relationship is an activity begun by either the licensee, the client, or former client for the purposes of establishing a social, business, or other relationship not related to therapy. A licensee must ensure the welfare of the client or former client if a non-therapeutic relationship arises.
(m) A licensee may not bill clients or third parties for services not actually rendered or as agreed to in writing.
(n) A licensee must end a professional relationship when it is reasonably clear the client is not benefiting from it. Upon ending a professional relationship, if the client still requires mental health services, the licensee must make reasonable efforts to provide a written referral to clients for appropriate services and to facilitate the transfer to appropriate care.
(o) A licensee who engages in technology-assisted services must provide the client with the licensee's license number and information on how to contact the council by telephone, electronic communication, or mail. The licensee must comply with all other provisions of this chapter.
(p) A licensee may not offer services that are beyond the licensee's professional competency, and the services provided must be within accepted professional standards of practice and appropriate to the needs of the client. In emerging areas in which generally recognized standards for preparatory training do not exist, licensees must take reasonable steps to ensure the competence of their work and to protect clients, research participants, and other affected individuals from the potential for harm.
(q) A licensee must base all services on an assessment, evaluation, or diagnosis of the client.
(r) A licensee must evaluate a client's progress on a continuing basis to guide service delivery and must make use of supervision and consultation as indicated by the client's needs.
(s) A licensee may not knowingly offer or provide professional services to an individual concurrently receiving professional services from another mental health services provider except with that provider's knowledge. If a licensee learns of such concurrent professional services, the licensee must take immediate and reasonable action to inform the other mental health services provider.
(t) A licensee may not aid or abet the unlicensed practice of marriage and family therapy services by a person required to be licensed under the Act. A licensee must report to the council knowledge of any unlicensed practice.
(u) A licensee may not enter into a non-professional relationship with a client's family member or any person having a personal or professional relationship with a client, if the licensee knows or reasonably should have known such a relationship could be detrimental to the client.
(v) A licensee must refrain from providing services when they know or should know that their physical or mental health or lack of objectivity are likely to impair their competency or harm a client or other person with whom they have a professional relationship
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500716
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts the repeal of §801.50, relating to Corporation and Business Names. Section 801.50 is repealed without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9725) and will not be republished.
Reasoned Justification.
The adopted amendments remove language identified during the quadrennial rule review as potentially in conflict with the Texas Business and Commerce Code, while not changing the substantive requirement in other rules that a licensee not make or benefit from false, misleading, deceptive, fraudulent, or exaggerated claims.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
One person commented against the rule stating it seemed unnecessary to state someone could do what they are already doing.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
The agency appreciates the public comment. The proposed repeal will remove language the Council has determined is unnecessary and potentially in conflict with the Business and Commerce Code.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §502.1515 of the Tex. Occ. Code the Texas State Board of Examiners of Marriage and Family Therapists previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §502.1515 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 502 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500717
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts amendments to §801.53, relating to Advertising and Announcements. Section 801.53 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9726) and will not be republished.
Reasoned Justification.
The adopted amendments remove language identified during the quadrennial rule review as potentially unenforceable, while not changing the substantive requirement that a licensee not make or benefit from false, misleading, or deceptive advertising.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
None.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
One commenter supported the rule change stating a rule contingent on a client's understanding of advertising is hard to define.
Agency Response.
The agency appreciates the public comment in support of the rule change.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §502.1515 of the Tex. Occ. Code the Texas State Board of Examiners of Marriage and Family Therapists previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §502.1515 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 502 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500718
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
SUBCHAPTER
C.
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts new §801.115, relating to Applicants Currently Licensed as an LMFT in Another Jurisdiction. Section 801.115 is adopted with changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9728) and will be republished.
Reasoned Justification.
The adopted new rule deems marriage and family therapist applicants who are licensed to practice independently in another jurisdiction for two years to have met all academic and experience requirements if they meet all minimum statutory requirements for licensure.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
None.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
None.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §502.1515 of the Tex. Occ. Code the Texas State Board of Examiners of Marriage and Family Therapists previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §502.1515 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 502 and 507 of the Texas Occupations Code and may adopt this rule.
§
801.115.
An applicant who has held an independent, active license as an LMFT in good standing issued by another jurisdiction for at least two years immediately preceding the date the application was received will be deemed to have met all academic and experience requirements, if the applicant can demonstrate:
(1) 3,000 hours of work experience that includes at least 1,500 hours of direct clinical services;
(2) 200 hours of supervision that includes at least 100 hours of individual supervision; and
(3) has completed a master's or doctoral degree with a graduate internship.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500719
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts amendments to §801.204, relating to Licensing of Military Service Members, Military Veterans, and Military Spouses. Section 801.204 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9730) and will not be republished.
Reasoned Justification.
The adopted amendments remove language identified during the quadrennial rule review to better align with the agency's statute.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
None.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
None.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §502.1515 of the Tex. Occ. Code the Texas State Board of Examiners of Marriage and Family Therapists previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §502.1515 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 502 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500721
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
SUBCHAPTER
D.
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts amendments to §801.303, relating to Other Actions. Section 801.303 is adopted with changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9731) and will be republished.
Reasoned Justification.
The adopted amendments remove language identified during the quadrennial rule review to better align with the agency's statute.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
None.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
None.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §502.1515 of the Tex. Occ. Code the Texas State Board of Examiners of Marriage and Family Therapists previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §502.1515 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 502 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
§
801.303.
Complaints may be resolved by issuance of a warning letter. Warning letters inform licensees of their duties under the Act, the Council Act, or council rules and whether the council has a concern about the circumstances surrounding the complaint.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500720
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts amendments to §801.305, relating to Schedule of Sanctions. Section 801.305 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9732) and will not be republished.
Reasoned Justification.
The adopted amendments update the schedule of sanctions to reflect amendments proposed in other rules.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
None.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
None.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §502.1515 of the Tex. Occ. Code the Texas State Board of Examiners of Marriage and Family Therapists previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §502.1515 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 502 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500722
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706
PART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
CHAPTER 881. GENERAL PROVISIONS
SUBCHAPTER
B.
The Texas Behavioral Health Executive Council adopts amendments to §881.20, relating to Rulemaking by the Executive Council. Section 881.20 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9733) and will not be republished.
Reasoned Justification.
The adopted amendments remove language identified during the quadrennial rule review as unnecessary and duplicative, without changing the substantive impact of the rule.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
One commenter disagreed with the proposed amendment, stating they would like to keep the ability to make changes to rules as necessary.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
The Council thanks the commenter for their response. The proposed amendments merely eliminate duplicative language from the rule. The Council will continue to have the ability to make non-substantive, editorial changes to rules as necessary.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
The Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 25, 2025.
TRD-202500692
Darrel D. Spinks
Executive Director
Texas Behavioral Health Executive Council
Effective date: March 17, 2025
Proposal publication date: November 29, 2024
For further information, please call: (512) 305-7706