Adopted Rules Title 22

TITLE 22. EXAMINING BOARDS

PART 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS

CHAPTER 1. ARCHITECTS

SUBCHAPTER B. ELIGIBILITY FOR REGISTRATION

The Texas Board of Architectural Examiners (Board) adopts amendments to 22 Texas Administrative Code §1.29. The amendments are adopted without changes to the proposed text published in the January 12, 2024, issue of the Texas Register (49 TexReg 115). The rule will not be republished.

Reasoned Justification. The adopted rules implement Senate Bill 422 (88th Regular Session, 2023), which amends provisions in Texas Occupations Code Chapter 55, relating to the licensure of military service members, military veterans, and military spouses.

Previously, the Texas Legislature enacted a procedure under Texas Occupations Code §55.0041 that allows certain military spouses licensed in other states to engage in a business or occupation without becoming licensed in Texas. Through Senate Bill 422, the legislature extended this provision to apply to military service members. Under amended §55.0041(a), a military service member may engage in a business or occupation for which a license is required without obtaining the applicable license if the military service member is currently licensed in good standing by another jurisdiction that has licensing requirements that are substantially equivalent to Texas requirements. A military service member seeking to practice under this provision is required to notify the licensing entity, submit proof of residency and military identification, and receive confirmation of qualification to practice from the state agency. See Tex. Occ. Code §55.0041(b). The law also authorizes state agencies to adopt rules to issue a temporary license to an individual who qualifies to practice their profession under §55.0041(a). In such a case, the agency cannot charge a fee for the issuance of the license.

Senate Bill 422 also amended the law to impose deadlines upon agencies in considering applications under Texas Occupations Code Chapter 55. Under these amendments, a licensing agency has no more than 30 days from the submission of required documentation to approve a qualifying military service member or military spouse seeking to practice under Tex. Occ. Code § 55.0041. Additionally, an amendment to Tex. Occ. Code §55.005 requires a licensing agency to process and approve an application for licensure from a qualifying military service member, military veteran, or military spouse within 30 days.

In this rulemaking action the Board implements Senate Bill 422 by amending 22 Texas Administrative Code §1.29(b)(3) to adopt a 30-day processing deadline for the consideration of an application submitted by a military service member, military veteran, or military spouse.

Additionally, the Board implements Senate Bill 422 by amending §1.29(c). Previously, the Board adopted this rule to implement a temporary architectural registration procedure for qualifying military spouses pursuant to Tex. Occ. Code §55.0041. Because Senate Bill 422 expanded §55.0041 to apply to qualifying military service members, the Board amends §1.29(c) to do the same. The adopted rule implements two additional Senate Bill 422 amendments to §55.0041 by requiring the Board to issue a temporary registration to a qualifying military service member or military spouse within 30 days, and by clarifying that a military spouse's temporary registration is not impacted by a divorce or similar event.

Finally, the Board adopts non-substantive amendments to §1.29(c)(7) and §1.29(c)(8)(B) to improve the clarity of the rule.

Summary of Comments and Agency Response.

The Board did not receive any comments on the proposed rule.

Statutory Authority. Amendments to §1.29 are adopted under the authority of Tex. Occ. Code §1051.202, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of architecture. The amended rule implements Occupations Code §55.0041, which requires the Board to adopt the rule.

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 March 8, 2024.

TRD-202401084

Lance Brenton

General Counsel

Texas Board of Architectural Examiners

Effective date: March 28, 2024

Proposal publication date: January 12, 2024

For further information, please call: (512) 305-8519

CHAPTER 3. LANDSCAPE ARCHITECTS

SUBCHAPTER B. ELIGIBILITY FOR REGISTRATION

22 TAC §3.29

The Texas Board of Architectural Examiners (Board) adopts amendments to 22 Texas Administrative Code §3.29. The amendments are adopted without changes to the proposed text published in the January 12, 2024, issue of the Texas Register (49 TexReg 117).

In this rulemaking action the Board implements Senate Bill 422 by amending 22 Texas Administrative Code §3.29(b)(3) to adopt a 30-day processing deadline for the consideration of an application for registration as a landscape architect submitted by a military service member, military veteran, or military spouse.

Additionally, the Board implements Senate Bill 422 by amending §3.29(c). Previously, the Board adopted this rule to implement a temporary landscape architectural registration procedure for qualifying military spouses pursuant to Tex. Occ. Code §55.0041. Because Senate Bill 422 expanded §55.0041 to apply to qualifying military service members, the Board amends §3.29(c) to do the same. The adopted rule implements two additional Senate Bill 422 amendments to §55.0041 by requiring the Board to issue a temporary registration to a qualifying military service member or military spouse within 30 days, and by clarifying that a military spouse's temporary registration is not impacted by a divorce or similar event.

Finally, the Board adopts non-substantive amendments to §3.29(b)(2)(A), §3.29(c)(7) and §3.29(c)(8)(B) to improve the clarity of the rule.

Summary of Comments and Agency Response.

The Board did not receive any comments on the proposed rule.

Statutory Authority. Amendments to §3.29 are adopted under the authority of Tex. Occ. Code §1051.202, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of landscape architecture. The amended rule implements Occupations Code §55.0041, which requires the Board to adopt the rule.

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 March 8, 2024.

TRD-202401085

Lance Brenton

General Counsel

Texas Board of Architectural Examiners

Effective date: March 28, 2024

Proposal publication date: January 12, 2024

For further information, please call: (512) 305-8519

CHAPTER 5. REGISTERED INTERIOR DESIGNERS

SUBCHAPTER B. ELIGIBILITY FOR REGISTRATION

22 TAC §5.39

The Texas Board of Architectural Examiners (Board) adopts amendments to 22 Texas Administrative Code §5.39. The amendments are adopted without changes to the proposed text published in the January 12, 2024, issue of the Texas Register (49 TexReg 120). The rule will not be republished.

In this rulemaking action the Board implements Senate Bill 422 by amending 22 Texas Administrative Code §5.39(b)(3) to adopt a 30-day processing deadline for the consideration of an application for registration as a registered interior designer submitted by a military service member, military veteran, or military spouse.

Additionally, the Board implements Senate Bill 422 by amending §5.39(c). Previously, the Board adopted this rule to implement a temporary interior designer registration procedure for qualifying military spouses pursuant to Tex. Occ. Code §55.0041. Because Senate Bill 422 expanded §55.0041 to apply to qualifying military service members, the Board amends §5.39(c) to do the same. The adopted rule implements two additional Senate Bill 422 amendments to §55.0041 by requiring the Board to issue a temporary registration to a qualifying military service member or military spouse within 30 days, and by clarifying that a military spouse's temporary registration is not impacted by a divorce or similar event.

Finally, the Board adopts non-substantive amendments to §5.39(b)(2)(A), §5.39(c)(7) and §5.39(c)(8)(B) to improve the clarity of the rule.

Summary of Comments and Agency Response.

The Board did not receive any comments on the proposed rule.

Statutory Authority. Amendments to §5.39 are adopted under the authority of Tex. Occ. Code §1051.202, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of registered interior design. The amended rule implements Occupations Code §55.0041, which requires the Board to adopt the rule.

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 March 8, 2024.

TRD-202401086

Lance Brenton

General Counsel

Texas Board of Architectural Examiners

Effective date: March 28, 2024

Proposal publication date: January 12, 2024

For further information, please call: (512) 305-8519

PART 21. TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST

CHAPTER 463. APPLICATIONS AND EXAMINATIONS

SUBCHAPTER B. LICENSING REQUIREMENTS

22 TAC §463.9

The Texas Behavioral Health Executive Council adopts amended §463.9, relating to Licensed Specialist in School Psychology. Section 463.9 is adopted with changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5435) and will be republished.

Reasoned Justification.

The adopted rule amendments allow applicants who were licensed in other states to provide school psychological services or applicants with graduate degrees in related disciplines to psychology to be eligible to apply for licensure as an LSSP so long as the applicant also meets the coursework, examinations, and internship requirements.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

Two commenters discussed the efforts by the Texas State Board of Examiners of Psychologists (TSBEP) to streamline and improve licensing processes, particularly in response to a directive from the Texas Legislature following the tragedy in Uvalde. The commenters advocate for utilizing National Association of School Psychologists (NASP) resources to inform licensing decisions, particularly for those from related fields seeking to become school psychologists. Specifically, the commenters proposed NASP's concept of respecialization and professional retraining which is a process by which an individual with experience or graduate preparation in a related field expands their current knowledge and skills through a formal program to achieve a credential as a school psychologist. The commenters highlight the shortage of school psychologists and the increasing number of educational diagnosticians in Texas, suggesting the need for alternative pathways like a school psychology associate credential. The commenters support the addition of paths for individuals credentialed in other jurisdictions and aligning coursework requirements with NASP standards. The commenters emphasize the complexity of the school psychologist shortage and the importance of innovative solutions.

List of interested groups or associations for the rule.

The Texas Association of School Psychologists.

Summary of comments for the rule.

Six commenters discussed the efforts by TSBEP to streamline and improve licensing processes, particularly in response to a directive from the Texas Legislature following the tragedy in Uvalde. The commenters advocate for utilizing NASP resources to inform licensing decisions, particularly for those from related fields seeking to become school psychologists. Specifically, the commenters proposed NASP's concept of respecialization and professional retraining which is a process by which an individual with experience or graduate preparation in a related field expands their current knowledge and skills through a formal program to achieve a credential as a school psychologist. The commenters highlight the shortage of school psychologists and the increasing number of educational diagnosticians in Texas, suggesting the need for alternative pathways like a school psychology associate credential. The commenters support the addition of paths for individuals credentialed in other jurisdictions and aligning coursework requirements with NASP standards. The commenters emphasize the complexity of the school psychologist shortage and the importance of innovative solutions.

A commenter stated that making it easier for people who are already experienced and knowledgeable in the field to come and work for schools if they so desire can only do good.

A commenter requests the allowance of certification for licensure to address a critical shortage of evaluators in Texas. The commenter highlights the need for more evaluators, and states that because of this shortage schools are increasingly forced to use outside vendors, with higher rates, to meet their needs for the assessment of students.

A commenter expressed overall support for specific changes in §463.9(d)(3)(B), (C), and (D) related to graduate degrees and reciprocity for practicing school psychology in another jurisdiction. Since the emphasis is placed on the importance of applicants providing evidence of graduate-level coursework in all specified areas. However, the commenter opposes a minor change proposed in §463.9(d)(3)(A), arguing that the proposed language uses the term "course" but the term "program" which is currently used in the rule, better aligns with the rule's intent. The commenter's opposition is grounded in the belief that fulfilling the requirements in subsection (e) necessitates applicants coming from a comprehensive program rather than completing just one course.

A commenter expressed that they appreciated the intent behind adding the "school-based" language to the rule, but the commenter expresses concerns that such a change may impose an undue burden on TSBEP staff in verifying course curriculum details. The commenter asserts that school psychologists already undergo extensive training during a 1200-hour internship in school settings, emphasizing the importance of establishing foundations in assessment and intervention practices and where their education is put into practice in a school setting.

Top of Form

Agency Response.

The Council thanks the commenters for their supportive comments.

The Council acknowledges that the commenters are correct, there is a shortage of LSSP or school psychologists in Texas. The Council, along with TSBEP, have attempted to take steps toward correcting this problem, and one such action is the adoption of this rule.

The rule, in §463.9(c), currently recognizes graduates from training programs accredited by NASP as having met all training and internship requirements for licensure as an LSSP. So, the rule already utilizes NASP resources to shape licensure requirements.

The change to §463.9(d)(3)(A), which accepts applicants that hold a certificate of completion from a graduate-level training program designed to train individuals from related disciplines in the practice of school psychology, appears to align with NASP's concept of respecialization and professional retraining so the Council does not see the need for any rule change regarding this issue.

Regarding the concept of issuing an LSSP-Associate license or certification for licensure, as some commenters have suggested, these concepts are far beyond the scope of what was originally proposed. Therefore any such alternative licensure concepts cannot be adopted at this time. Further research and development would be needed before any adoption and implementation of such alternative licensure ideas could be possible.

In response to the comment regarding the use of the term "course" in proposed §463.9(d)(3)(A), the Council agrees to adopt the rule with this change, to use the term "program" instead. Especially since the term "program" is currently the term used in the rule, and the Council agrees the term "program" best reflects the intent of the rule.

Council staff currently reviews coursework as part of the LSSP application process, so it is not anticipated that the addition of "school-based" to subsection (e) of the rule will increase the burden on staff reviewing applications.

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.

§463.9.Licensed Specialist in School Psychology.

(a) License Requirements. An applicant for licensure as a specialist in school psychology must:

(1) hold an appropriate graduate degree;

(2) provide proof of specific graduate level coursework;

(3) provide proof of an acceptable internship;

(4) provide proof of passage of all examinations required by the Council; and

(5) meet the requirements imposed under §501.2525(a)(3) - (9) of the Occupations Code.

(b) Applicants who hold active certification as a Nationally Certified School Psychologist (NCSP) are considered to have met all requirements for licensure under this rule except for passage of the Jurisprudence Examination. Applicants relying upon this subsection must provide the Council with their NCSP certification number.

(c) Applicants who graduated from a training program accredited or approved by the National Association of School Psychologists or accredited in School Psychology by the American Psychological Association are considered to have met all training and internship requirements for licensure under this rule. Applicants relying upon this subsection must submit an official transcript indicating the degree and date the degree was awarded or conferred.

(d) Appropriate Graduate Degrees.

(1) Applicants who do not hold active NCSP certification, or who did not graduate from a training program accredited or approved by the National Association of School Psychologists or accredited in School Psychology by the American Psychological Association, must have completed a graduate degree in psychology from a regionally accredited institution of higher education. For purposes of this rule, a graduate degree in psychology means the name of the candidate's major or program of study is titled psychology.

(2) Applicants applying under this subsection must have completed, either as part of their graduate degree program or after conferral of their graduate degree, at least 60 graduate level semester credit hours from a regionally accredited institution of higher education. A maximum of 12 internship hours may be counted toward this requirement.

(3) An applicant who holds a graduate degree that does not qualify under subsection (d)(1) but meets the requirements of subsection (d)(2) is considered to have an appropriate graduate degree if:

(A) the applicant holds a certificate of completion from a graduate-level training program designed to train individuals from related disciplines in the practice of school psychology;

(B) the applicant holds a graduate degree in a discipline related to psychology from a regionally accredited institution of higher education;

(C) the applicant is licensed, certified, or registered in good standing to practice school psychology in another jurisdiction; or

(D) the applicant was licensed, certified, or registered to practice school psychology in another jurisdiction within the previous ten years before application for licensure and was not subject to any administrative or disciplinary actions during that same time period.

(e) Applicants applying under subsection (d) of this section must submit evidence of graduate level coursework as follows:

(1) Psychological Foundations, including:

(A) biological bases of behavior;

(B) human learning;

(D) multi-cultural bases of behavior;

(E) child or adolescent development;

(F) psychopathology or exceptionalities;

(2) Research and Statistics;

(3) Educational Foundations, including any of the following:

(A) instructional design;

(B) organization and operation of schools;

(D) educational administration;

(4) School-based Assessment, including:

(A) psychoeducational assessment;

(B) socio-emotional, including behavioral and cultural, assessment;

(5) School-based Interventions, including:

(A) counseling;

(B) behavior management;

(6) Professional, Legal and Ethical Issues; and

(7) A School-based Practicum.

(f) Applicants applying under subsection (d) of this section must have completed an internship with a minimum of 1200 hours and that meets the following criteria:

(1) At least 600 of the internship hours must have been completed in a public school.

(2) The internship must be provided through a formal course of supervised study from a regionally accredited institution of higher education in which the applicant was enrolled; or the internship must have been obtained in accordance with Council §463.11(d)(1) and (d)(2)(C) of this title.

(3) Any portion of an internship completed within a public school must be supervised by a Licensed Specialist in School Psychology, and any portion of an internship not completed within a public school must be supervised by a Licensed Psychologist.

(4) No experience which is obtained from a supervisor who is related within the second degree of affinity or consanguinity to the supervisee may be utilized.

(5) Unless authorized by the Council, supervised experience received from a supervisor practicing with a restricted license may not be utilized to satisfy the requirements of this rule.

(6) Internship hours must be obtained in not more than two placements. A school district, consortium, and educational co-op are each considered one placement.

(7) Internship hours must be obtained in not less than one or more than two academic years.

(8) An individual completing an internship under this rule must be designated as an intern.

(9) Interns must receive no less than two hours of supervision per week, with no more than half being group supervision. The amount of weekly supervision may be reduced, on a proportional basis, for interns working less than full-time.

(10) The internship must include direct intern application of assessment, intervention, behavior management, and consultation, for children representing a range of ages, populations and needs.

(g) Provision of psychological services in the public schools by unlicensed individuals.

(1) An unlicensed individual may provide psychological services under supervision in the public schools if:

(A) the individual is enrolled in an internship, practicum or other site based training in a psychology program in a regionally accredited institution of higher education; or

(B) the individual has completed an internship that meets the requirements of this rule, and has submitted an application for licensure as a Licensed Specialist in School Psychology to the Council that has not been denied or returned.

(2) An unlicensed individual may not provide psychological services in a private school setting unless the activities or services provided are exempt under §501.004 of the Psychologists' Licensing Act.

(3) An unlicensed individual may not engage in the practice of psychology under paragraph (1)(B) of this subsection for more than forty-five days following receipt of the application by the Council.

(4) The authority to practice referenced in paragraph (1)(B) of this subsection is limited to the first or initial application filed by an individual under this rule, but is not applicable to any subsequent applications filed under this rule.

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 March 7, 2024.

TRD-202401009

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: March 27, 2024

Proposal publication date: September 22, 2023

For further information, please call: (512) 305-7706

PART 30. TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS

CHAPTER 681. PROFESSIONAL COUNSELORS

SUBCHAPTER C. APPLICATION AND LICENSING

22 TAC §681.72

The Texas Behavioral Health Executive Council adopts amended §681.72, relating to Required Application Materials. Section 681.72 is adopted without changes to the proposed text as published in the November 17, 2023, issue of the Texas Register (48 TexReg 6720) and will not be republished.

Reasoned Justification.

The adopted amendments delete the requirement that an applicant must receive a passing score on either the NCE or NCMHCE within five years of the date of application. The licensure exams for other types of behavioral health licensees, such as psychologists and marriage and family therapists, do not have a time limit or expiration for their examination scores. Therefore, this five year expiration for a passing scores is deleted.

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.

Commenters voiced their support for this rule change. One commenter opined that the application process is already congested, and it is a waste of time for the agency and applicants to have associates reapply and retake the exam. If applicants only have to get approved to take and pass the exam once, then this will make a difference in the timeline of the process for everyone.

Agency Response.

The Council thanks the commenters for their supportive comments.

Statutory Authority.

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 March 7, 2024.

TRD-202401010

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Professional Counselors

Effective date: March 27, 2024

Proposal publication date: November 17, 2023

For further information, please call: (512) 305-7706

PART 34. TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS

CHAPTER 781. SOCIAL WORKER LICENSURE

SUBCHAPTER C. APPLICATION AND LICENSING

22 TAC §781.404

The Texas Behavioral Health Executive Council adopts amended §781.404, relating to Recognition as a Council-approved Supervisor and the Supervision Process. Section 781.404 is adopted with changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5438) and will be republished.

Reasoned Justification.

The adopted amendments are intended to clarify the allowable fee arrangements between supervisor and supervisee.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

A commenter raises concerns about the potential for dual relationships in supervision and maintaining ethical boundaries in supervisor-supervisee relationships, particularly when a supervisor is also the employer of a supervisee and the supervisee pays for the supervision. The commenter questions whether the proposed change may inadvertently allow supervisors in independent practice to accept payment from their employees for supervision. The commenter suggests that if the goal is to prevent supervisors from being paid twice (by both employer and supervisee), the rule should explicitly state this.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

None

Agency Response.

The purpose of this rule amendment is to provide clarity in the rule, that a supervisor may not exploit their supervisees by being paid twice for the supervision they are providing. Therefore, in response to the comment, the Council adopts this rule with a change to make it clear that, a Council-approved supervisor who is otherwise compensated for supervisory duties may not charge or collect a fee or anything of value from the supervisee for the supervision services provided to the supervisee.

Statutory Authority.

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.

§781.404.Recognition as a Council-approved Supervisor and the Supervision Process.

(a) Types of supervision include:

(1) administrative or work-related supervision of an employee, contractor or volunteer that is not related to qualification for licensure, practice specialty recognition, a disciplinary order, or a condition of new or continued licensure;

(2) clinical supervision of a Licensed Master Social Worker in a setting in which the LMSW is providing clinical services; the supervision may be provided by a Licensed Professional Counselor, Licensed Psychologist, Licensed Marriage and Family Therapist, Licensed Clinical Social Worker or Psychiatrist. This supervision is not related to qualification for licensure, practice specialty recognition, a disciplinary order, or a condition of new or continued licensure;

(3) clinical supervision of a Licensed Master Social Worker, who is providing clinical services and is under a supervision plan to fulfill supervision requirements for achieving the LCSW; a Licensed Clinical Social Worker who is a Council-approved supervisor delivers this supervision;

(4) non-clinical supervision of a Licensed Master Social Worker or Licensed Baccalaureate Social Worker who is providing non-clinical social work service toward qualifications for independent non-clinical practice recognition; this supervision is delivered by a Council-approved supervisor; or

(5) Council-ordered supervision of a licensee by a Council-approved supervisor pursuant to a disciplinary order or as a condition of new or continued licensure.

(b) A person who wishes to be a Council-approved supervisor must file an application and pay the applicable fee.

(1) A Council-approved supervisor must be actively licensed in good standing by the Council as an LBSW, an LMSW, an LCSW, or be recognized as an Advanced Practitioner (LMSW-AP), or hold the equivalent social work license in another jurisdiction. The person applying for Council-approved status must have practiced at his/her category of licensure for two years. The Council-approved supervisor shall supervise only those supervisees who provide services that fall within the supervisor's own competency.

(2) The Council-approved supervisor is responsible for the social work services provided within the supervisory plan.

(3) The Council-approved supervisor must have completed a 40-hour supervisor's training program acceptable to the Council.

(A) At a minimum, the 40-hour supervisor's training program must meet each of the following requirements:

(i) the course must be taught by a licensed social worker holding both the appropriate license classification, and supervisor status issued by the Council;

(ii) all related coursework and assignments must be completed over a time period not to exceed 90 days; and

(iii) the 40-hour supervision training must include at least:

(I) three (3) hours for defining and conceptualizing supervision and models of supervision;

(II) three (3) hours for supervisory relationship and social worker development;

(III) twelve (12) hours for supervision methods and techniques, covering roles, focus (process, conceptualization, and personalization), group supervision, multi-cultural supervision (race, ethnic, and gender issues), and evaluation methods;

(IV) twelve (12) hours for supervision and standards of practice, codes of ethics, and legal and professional issues; and

(V) three (3) hours for executive and administrative tasks, covering supervision plan, supervision contract, time for supervision, record keeping, and reporting.

(B) Subparagraph (A) of this paragraph is effective September 1, 2023.

(4) The Council-approved supervisor must submit required documentation and fees to the Council.

(5) When a licensee is designated Council-approved supervisor, he or she may perform the following supervisory functions.

(A) An LCSW may supervise clinical experience toward the LCSW license, non-clinical experience toward the Independent Practice Recognition (non-clinical), and Council-ordered probated suspension;

(B) An LMSW-AP may supervise non-clinical experience toward the non-clinical Independent Practice Recognition; and Council-ordered probated suspension for non-clinical practitioners;

(C) An LMSW with the Independent Practice Recognition (non-clinical) who is a Council-approved supervisor may supervise an LBSW's or LMSW's non-clinical experience toward the non-clinical Independent Practice Recognition; and an LBSW or LMSW (non-clinical) under Council-ordered probated suspension;

(D) An LBSW with the non-clinical Independent Practice Recognition who is a Council-approved supervisor may supervise an LBSW's non-clinical experience toward the non-clinical Independent Practice Recognition; and an LBSW under Council-ordered probated suspension.

(6) The approved supervisor must renew the approved supervisor status in conjunction with the biennial license renewal. The approved supervisor may surrender supervisory status by documenting the choice on the appropriate Council renewal form and subtracting the supervisory renewal fee from the renewal payment. If a licensee who has surrendered supervisory status desires to regain supervisory status, the licensee must reapply and meet the current requirements for approved supervisor status.

(7) A supervisor must maintain the qualifications described in this section while he or she is providing supervision.

(8) A Council-approved supervisor who wishes to provide any form of supervision or Council-ordered supervision must comply with the following:

(A) The supervisor is obligated to keep legible, accurate, complete, signed supervision notes and must be able to produce such documentation for the Council if requested. The notes shall document the content, duration, and date of each supervision session.

(B) A social worker may contract for supervision with written approval of the employing agency. A copy of the approval must accompany the supervisory plan submitted to the Council.

(C) A Council-approved supervisor who is otherwise compensated for supervisory duties may not charge or collect a fee or anything of value from the supervisee for the supervision services provided to the supervisee.

(D) Before entering into a supervisory plan, the supervisor shall be aware of all conditions of exchange with the clients served by her or his supervisee. The supervisor shall not provide supervision if the supervisee is practicing outside the authorized scope of the license. If the supervisor believes that a social worker is practicing outside the scope of the license, the supervisor shall make a report to the Council.

(E) A supervisor shall not be employed by or under the employment supervision of the person who he or she is supervising.

(F) A supervisor shall not be a family member of the person being supervised.

(G) A supervisee must have a clearly defined job description and responsibilities.

(H) A supervisee who provides client services for payment or reimbursement shall submit billing to the client or third-party payers which clearly indicates the services provided and who provided the services, and specifying the supervisee's licensure category and the fact that the licensee is under supervision.

(I) If either the supervisor or supervisee has an expired license or a license that is revoked or suspended during supervision, supervision hours accumulated during that time will be accepted only if the licensee appeals to and receives approval from the Council.

(J) A licensee must be a current Council-approved supervisor in order to provide professional development supervision toward licensure or specialty recognition, or to provide Council-ordered supervision to a licensee. Providing supervision without having met all requirements for current, valid Council-approved supervisor status may be grounds for disciplinary action against the supervisor.

(K) The supervisor shall ensure that the supervisee knows and adheres to Subchapter B, Rules of Practice, of this Chapter.

(L) The supervisor and supervisee shall avoid forming any relationship with each other that impairs the objective, professional judgment and prudent, ethical behavior of either.

(M) Should a supervisor become subject to a Council disciplinary order, that person is no longer a Council-approved supervisor and must so inform all supervisees, helping them to find alternate supervision. The person may reapply for Council-approved supervisor status by meeting the terms of the disciplinary order and having their license in good standing, in addition to submitting an application for Council-approved supervisor, and proof of completion of a 40-hour Council-approved supervisor training course, taken no earlier than the date of execution of the Council order.

(N) Providing supervision without Council-approved supervisor status is grounds for disciplinary action.

(O) A supervisor shall refund all supervisory fees the supervisee paid after the date the supervisor ceased to be Council-approved.

(P) A supervisor is responsible for developing a well-conceptualized supervision plan with the supervisee, and for updating that plan whenever there is a change in agency of employment, job function, goals for supervision, or method by which supervision is provided.

(9) A Council-approved supervisor who wishes to provide supervision towards licensure as an LCSW or towards specialty recognition in Independent Practice (IPR) or Advanced Practitioner (LMSW-AP), which is supervision for professional growth, must comply with the following:

(A) Supervision toward licensure or specialty recognition may occur in one-on-one sessions, in group sessions, or in a combination of one-on-one and group sessions. Session may transpire in the same geographic location, or via audio, web technology or other electronic supervision techniques that comply with HIPAA and Texas Health and Safety Code, Chapter 611, and/or other applicable state or federal statutes or rules.

(B) Supervision groups shall have no fewer than two members and no more than six.

(C) Supervision shall occur in proportion to the number of actual hours worked for the 3,000 hours of supervised experience. No more than 10 hours of supervision may be counted in any one month, or 30-day period, as appropriate, towards satisfying minimum requirements for licensure or specialty recognition.

(D) The Council considers supervision toward licensure or specialty recognition to be supervision which promotes professional growth. Therefore, all supervision formats must encourage clear, accurate communication between the supervisor and the supervisee, including case-based communication that meets standards for confidentiality. Though the Council favors supervision formats in which the supervisor and supervisee are in the same geographical place for a substantial part of the supervision time, the Council also recognizes that some current and future technology, such as using reliable, technologically-secure computer cameras and microphones, can allow personal face-to-face, though remote, interaction, and can support professional growth. Supervision formats must be clearly described in the supervision plan, explaining how the supervision strategies and methods of delivery meet the supervisee's professional growth needs and ensure that confidentiality is protected.

(E) Supervision toward licensure or specialty recognition must extend over a full 3000 hours over a period of not less than 24 full months for LCSW or Independent Practice Recognition (IPR). Even if the individual completes the minimum of 3000 hours of supervised experience and minimum of 100 hours of supervision prior to 24 months from the start date of supervision, supervision which meets the Council's minimum requirements shall extend to a minimum of 24 full months.

(F) The supervisor and the supervisee bear professional responsibility for the supervisee's professional activities.

(G) If the supervisor determines that the supervisee lacks the professional skills and competence to practice social work under a regular license, the supervisor shall develop and implement a written remediation plan for the supervisee.

(H) Supervised professional experience required for licensure must comply with §781.401 of this title and §781.402 of this title and all other applicable laws and rules.

(10) A Council-approved supervisor who wishes to provide supervision required as a result of a Council order must comply with this title, all other applicable laws and rules, and/or the following.

(A) A licensee who is required to be supervised as a condition of initial licensure, continued licensure, or disciplinary action must:

(i) submit one supervisory plan for each practice location to the Council for approval by the Council or its designee within 30 days of initiating supervision;

(ii) submit a current job description from the agency in which the social worker is employed with a verification of authenticity from the agency director or his or her designee on agency letterhead or submit a copy of the contract or appointment under which the licensee intends to work, along with a statement from the potential supervisor that the supervisor has reviewed the contract and is qualified to supervise the licensee in the setting;

(iii) ensure that the supervisor submits reports to the Council on a schedule determined by the Council. In each report, the supervisor must address the supervisee's performance, how closely the supervisee adheres to statutes and rules, any special circumstances that led to the imposition of supervision, and recommend whether the supervisee should continue licensure. If the supervisor does not recommend the supervisee for continued licensure, the supervisor must provide specific reasons for not recommending the supervisee. The Council may consider the supervisor's reservations as it evaluates the supervision verification the supervisee submits; and

(iv) notify the Council immediately if there is a disruption in the supervisory relationship or change in practice location and submit a new supervisory plan within 30 days of the break or change in practice location.

(B) The supervisor who agrees to provide Council-ordered supervision of a licensee who is under Council disciplinary action must understand the Council order and follow the supervision stipulations outlined in the order. The supervisor must address with the licensee those professional behaviors that led to Council discipline, and must help to remediate those concerns while assisting the licensee to develop strategies to avoid repeating illegal, substandard, or unethical behaviors.

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 March 7, 2024.

TRD-202401018

Darrel D. Spinks

Executive Director

Texas State Board of Social Worker Examiners

Effective date: March 27, 2024

Proposal publication date: September 22, 2023

For further information, please call: (512) 305-7706

22 TAC §781.412

The Texas Behavioral Health Executive Council adopts amended §781.412, relating to Examination Requirement. Section 781.412 is adopted without changes to the proposed text as published in the November 17, 2023, issue of the Texas Register (48 TexReg 6723) and will not be republished.

Reasoned Justification.

The adopted amendments eliminate the requirement that an applicant must receive a passing score on the ASWB national examination within two years prior to the initial or upgrade application. The rule as adopted will still require a passing score before the date of application, but examination scores older than two years will no longer expire for licensure purposes. The licensure exams for other types of behavioral health licensees, such as psychologists and marriage and family therapists, do not have a time limit or expiration for their examination scores. Therefore, this two year expiration for a passing scores has been deleted.

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.

A commenter questioned whether this rule change means LMSWs who have spent their entire 3,000 hours in a clinical or therapeutic setting do not have to retest to upgrade their license to LCSW.

Agency Response.

The rule amendment does not change the requirements for an LMSW to upgrade to an LCSW, an LMSW must complete the required supervised clinical hours of experience and receive a passing score on the ASWB national examination. What the rule amendment does is no longer require the applicant LMSW achieve a passing examination score within two years of the date of application. Which means, if the applicant has ever achieved a passing score on the required examination then the applicant is not required to retake the examination.

Statutory Authority.

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 March 7, 2024.

TRD-202401019

Darrel D. Spinks

Executive Director

Texas State Board of Social Worker Examiners

Effective date: March 27, 2024

Proposal publication date: November 17, 2023

For further information, please call: (512) 305-7706

22 TAC §781.501

The Texas Behavioral Health Executive Council adopts amended §781.501, relating to Requirements for Continuing Education. Section 781.501 is adopted without changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5441) and will not be republished.

Reasoned Justification.

The adopted amendments correct a typographical error and allow field and practicum instructors to claim up to 10 hours of continuing education credit when providing instruction to social work students.

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.

A commenter voiced support for the rule amendments and thanked the agency for reinstating the ability to earn CE credit for serving as a practicum instructor. The commenter opined that the term "field" could be offensive to some and suggested a future change to remove the term. The commenter believed the term "practicum" is sufficient and using both is redundant.

Agency Response.

The Executive Council thanks the commenter for their supportive comments but declines to amend the rule as requested. The Council has previously received comments from individuals identifying themselves as either practicum instructors or field instructors, and both expressed an interest in a rule amendment such as the one being adopted. Therefore, at this time, the Council chooses to keep both practicum instructors and field instructors included in the rule.

Statutory Authority.

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.

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 March 7, 2024.

TRD-202401020

Darrel D. Spinks

Executive Director

Texas State Board of Social Worker Examiners

Effective date: March 27, 2024

Proposal publication date: September 22, 2023

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 A. GENERAL PROVISIONS

22 TAC §801.2

The Texas Behavioral Health Executive Council adopts amended §801.2, relating to Definitions. Section 801.2 is adopted without changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5443) and will not be republished.

Reasoned Justification.

The adopted amendment adds a definition for independent practice for the purpose of providing greater clarity in 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.

None.

Agency Response.

None.

Statutory Authority.

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 March 7, 2024.

TRD-2024001022

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Marriage and Family Therapists

Effective date: March 27, 2024

Proposal publication date: September 22, 2023

For further information, please call: (512) 305-7706

SUBCHAPTER B. RULES OF PRACTICE

22 TAC §801.48

The Texas Behavioral Health Executive Council adopts amended §801.48, relating to Record Keeping, Confidentiality, Release of Records, and Required Reporting. Section 801.48 is adopted without changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5446) and will not be republished.

Reasoned Justification.

The adopted amendment provides greater clarity in the rules, to make it clear that any licensee in private practice must establish a plan of custody and control for a client's records.

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 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.

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 March 7, 2024.

TRD-202401023

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Marriage and Family Therapists

Effective date: March 27, 2024

Proposal publication date: September 22, 2023

For further information, please call: (512) 305-7706

SUBCHAPTER C. APPLICATIONS AND LICENSING

22 TAC §801.142

The Texas Behavioral Health Executive Council adopts amended §801.142, relating to Supervised Clinical Experience Requirements and Conditions. Section 801.142 is adopted without changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5447) and will not be republished.

Reasoned Justification.

The adopted amendment increases the number of hours that may be counted towards licensure that are provided by technology-assisted services from 500 hours to 750 hours.

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 Council received a comment in support of this rule change.

Agency Response.

The Council thanks the commenter for their supportive comment.

Statutory Authority.

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.

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 March 7, 2024.

TRD-202401024

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Marriage and Family Therapists

Effective date: March 27, 2024

Proposal publication date: September 22, 2023

For further information, please call: (512) 305-7706

22 TAC §801.143

The Texas Behavioral Health Executive Council adopts amended §801.143, relating to Supervisor Requirements. Section 801.143 is adopted without changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5449) and will not be republished.

Reasoned Justification.

The adopted amendments remove the 12 supervisee limit on supervisors, allowing supervisors to determine the appropriate number of supervisees that they can provide adequate supervision. Additionally, the adopted amendments make it clear that a supervisor must establish a plan of custody and control for records of supervision for their LMFT Associates.

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 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.

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 March 7, 2024.

TRD-202401025

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Marriage and Family Therapists

Effective date: March 27, 2024

Proposal publication date: September 22, 2023

For further information, please call: (512) 305-7706

SUBCHAPTER D. SCHEDULE OF SANCTIONS

22 TAC §801.305

The Texas Behavioral Health Executive Council adopts the repeal of §801.305, relating to Schedule of Sanctions. The repeal of §801.305 is adopted without changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5451) and will not be republished.

Reasoned Justification.

This rule is repealed and replaced with a new schedule of sanctions that is adopted elsewhere in this issue of the Texas Register.

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 repeal 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 repeal 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 repeal to the Executive Council. The rule repeal 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 repeal 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 repeal 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 repeal.

Lastly, the Executive Council also adopts this rule repeal 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 March 7, 2024.

TRD-202401026

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Marriage and Family Therapists

Effective date: March 27, 2024

Proposal publication date: September 22, 2023

For further information, please call: (512) 305-7706

22 TAC §801.305

The Texas Behavioral Health Executive Council adopts new §801.305, relating to Schedule of Sanctions. Section 801.305 is adopted without changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5453) and will not be republished.

Reasoned Justification.

The adopted new rule is necessary to correct a Texas Register submission error regarding the graphic chart. The same chart that was proposed in the August 5, 2022, issue of the Texas Register was re-proposed and now adopted, because unfortunately the chart adopted in the November 18, 2022 issue of the Texas Register was the previous chart. As stated previously in the preamble to the August 5th proposal, this adopted schedule of sanctions chart will more closely resemble the format used by the other behavioral health boards, which adopted this format to make their schedule of sanctions charts easier to use. There are some substantive changes being made to the current schedule of sanctions chart in effect, but again, these changes are the same as those proposed in the August 5, 2022 edition of the Texas Register; there are no changes being proposed that have not been reviewed and proposed by the member board. This adopted schedule of sanctions chart will align with the changes made to §801.302, which reduced the amount of severity levels from five to four by combining the two previous suspension levels into one. Therefore, violations of §§801.44(t) and (v), 801.47, and 801.57(e) will no longer be split between two types of suspension levels. Additionally, the sanction for §801.47 is being split between subsection (a) and (b), which are a suspension and revocation respectively. Section 801.44(s) - (v) has been updated to correspond more accurately to the correct rule and sanction. Amendments have been made to §801.143(h) - (l) so corresponding amendments have been made to match those changes. Lastly, some typographical errors are being corrected.

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 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.

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 March 7, 2024.

TRD-202401027

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Marriage and Family Therapists

Effective date: March 27, 2024

Proposal publication date: September 22, 2023

For further information, please call: (512) 305-7706

PART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL

CHAPTER 882. APPLICATIONS AND LICENSING

SUBCHAPTER B. LICENSE

22 TAC §882.23

The Texas Behavioral Health Executive Council adopts amendments to §882.23, relating to License Required to Practice. Section 882.23 is adopted with changes to the proposed text as published in the November 17, 2023, issue of the Texas Register (48 TexReg 6725) and will be republished. The changes to the adopted rule are made in response to public comments.

Reasoned Justification.

The adopted amendments clarify when an individual is conducting a professional service in Texas, which is regulated by the Executive Council. The determining factor is, if the recipient of the professional service is physically located in Texas, then the individual is conducting the regulated practice of marriage and family therapy, professional counseling, psychology, or social work in Texas.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

A commenter opined that Texas has a provider crisis and cannot meet the needs of its own citizens. The commenter believes this rule change is evidence that NGOs are completely incognizant of the reality of mental healthcare in the 21st century, and the rule change is a veiled attempt to inadvertently worsen mental healthcare disparities that will negatively impact the entire nation. The commenter believes that access to mental healthcare should be a right and not a privilege.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

None.

A commenter opined that they believed the rule change is helpful and provides necessary clarification, especially as Telehealth becomes more prominent.

A commenter, while agreeing with the change, requested a clarification or distinction be added to this rule change. The proposed change includes an interviewee in the definition of a client. Mental health professionals, especially forensic evaluators, often meet with consultants and interview collaterals for an evaluation. While the consultants and collaterals are not the recipients of services as it relates to being the person being evaluated, they are recipients of services as it relates to being an interviewee because they receive an interview which is a service as part of an evaluation. Therefore the commenter requested clarification as to whether collateral witnesses are included in the definition of client under this rule.

Agency Response.

The Council declines to amend the rule as requested by the commenter that is against this rule. The purpose of this rule change was not to address access to mental healthcare or disparities in mental healthcare. The purpose of this rule amendment is to clarify when a professional service, that is regulated by the Council, occurs in Texas. Previously, if a provider was physically present in Texas when services were provided to a client in another jurisdiction then that could have constituted the practice of a regulated profession in Texas, thereby requiring a Texas license. The mission of the Council is to protect the people of Texas. Requiring a license for an individual providing services to clients located in another state is not part of the Council's mission. The commenter's concern that his rule change somehow impacts access to or disparities in mental healthcare in Texas is not germane to this rule change. Therefore the Council declines to amend this rule as requested.

The Council thanks the commenters for their supportive comments.

The Council agrees to amend the rule as requested by the commenter asking for additional clarity regarding whether collateral witnesses are included in the definition of client under this rule. The purpose of the rule was to clarify when an individual is conducting a regulated service in Texas, which is when the recipient of the service is physically located in Texas. As the commenter correctly pointed out, the Council included the term interviewee as part of the definition of client. The intent of the rule change was always to include any type of recipient of services in the definition of a client, whether that includes the individual being evaluated or the collateral witnesses being interviewed as part of the evaluation. Therefore the Council adopts the rule with changes to make it clear that a client does include an individual or entity interviewed, examined, or evaluated for the purpose of services (e.g. a collateral witness or collateral sources of information).

Statutory Authority.

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.

§882.23.License Required to Practice.

(a) A person may not engage in or represent that the person is engaged in the practice of marriage and family therapy, professional counseling, psychology, or social work within this state, unless the person is licensed or otherwise authorized to practice by law.

(b) A person is engaged in the practice of marriage and family therapy within this state if any of the criteria set out in §502.002(6) of the Occupations Code occurs while a client is located in this state.

(c) A person is engaged in the practice of professional counseling within this state if any of the criteria set out in §503.003(a) of the Occupations Code occurs while a client is located in this state.

(d) A person is engaged in the practice of psychology within this state if any of the criteria set out in §501.003(b) of the Occupations Code occurs while a client is located in this state.

(e) A person is engaged in the practice of social work within this state if any of the criteria set out in §505.0025 of the Occupations Code occurs while a client is located in this state.

(f) In accordance with §113.002 of the Occupations Code, a licensee of the Executive Council may provide a mental health service, that is within the scope of the license, through the use of a telehealth service to a client who is located outside of this state, subject to any applicable regulation of the jurisdiction in which that client is located. Such conduct does not constitute the practice of marriage and family therapy, professional counseling, psychology, or social work in this state.

(g) For the purposes of this rule, the term "client" means:

(1) a recipient of marriage and family therapy, professional counseling, psychology, or social work services within the context of a professional relationship, including a child, adolescent, adult, couple, family, group, organization, community, or other populations, or other entities receiving services;

(2) an individual or entity requesting the services (e.g., an employer, a state, tribal, or federal court, an attorney acting on behalf of his or her client, an office or agency within local, state, or federal government), the recipient of those services (e.g., the subject of an evaluation, assessment, or interview), and an individual or entity interviewed, examined, or evaluated for the purpose of those services (e.g. a collateral witness or collateral sources of information);

(3) an organization such as a business, charitable, or governmental entity that receives services directed primarily to the organization, rather than to individuals associated with the organization;

(4) minors and wards in guardianships, as well as their legal guardians; and

(5) any related term for the recipient of services, such as a patient, evaluee, examinee, interviewee, participant, or any other similar term.

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 March 7, 2024.

TRD-202401011

Darrel D. Spinks

Executive Director

Texas Behavioral Health Executive Council

Effective date: March 27, 2024

Proposal publication date: November 17, 2023

For further information, please call: (512) 305-7706

22 TAC §882.28

The Texas Behavioral Health Executive Council adopts new §882.28, relating to Update to Degree on a License. Section 882.28 is adopted without changes to the proposed text as published in the November 17, 2023, issue of the Texas Register (48 TexReg 6726) and will not be republished.

Reasoned Justification.

The adopted new rule implements a process to update the degree listed on a license.

List of interested groups or associations against the rule.

AMHP-Association for Mental Health Professionals.

Summary of comments against the rule.

Two commenters voiced objections to the proposed new rule, which allows licensees to add a doctoral degree to their license. The commenters argue that no substantial reasons for the new rule have been provided, and no evidence of negative impact on the public has been demonstrated for not having such a rule. They highlight that a doctoral degree is not mandatory for licensure, deeming the proposal a poor use of regulatory resources. The commenters also emphasize existing rules allow licensees, such as counselors, to publicly market their educational achievements. The commenters believe the claim that displaying a doctoral degree on a license leads to higher insurance reimbursements is inaccurate, and that other documentation, such as a degree, could be provided to prove an individual's academic achievements. Overall, the commenters contend that the proposed new rule lacks justification, practical benefits, and is unnecessary.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

A commenter believed it would be appropriate to recognize an eligible and applicable doctoral degree on a license, and that it would be misleading and confusing to clients to not accurately display such qualifications on a license. The commenter further opined that there are many licenses already in existence with the acknowledgment of a doctorate degree, and it would be inequitable for licensees with a newly acquired doctoral degree to be excluded from this historical practice.

A commenter opined that new licensees with a doctoral degree have it listed but someone who earns their doctorate post licensure should also have the ability to have their doctoral degree added to their license. Further, the commenter stated that insurance companies compensate doctoral level mental health professionals at a higher rate and by not allowing the inclusion of a doctoral degree on a license it creates inequities for experienced counselors who deferred their doctoral studies.

Agency Response.

The Council declines to amend or not adopt the rule as requested by the commenters. Council and Board members voiced their support for this new rule and opined that it will provide greater notice to the public regarding a particular licensee's educational and academic background. Previously, when several of the underlying Boards were administered by the HHSC, licensees were allowed to add their doctoral degrees to their already issued license but there was no formal process in place to accomplish this task. This new rule establishes such a process, and with a corresponding amendment to the Council's fee rule, §885.1, allows for the collection of a fee to process such a request. The commenters are correct, that most licensing rules do not require a doctoral degree for the issuance of a license, except for licensed psychologists, but many of these same licensing rules will accept any type of relevant graduate degree, meaning a master's or doctoral degree, so a doctoral degree can qualify an individual for licensure. The additional public notice this rule will create is similar to other rules that allow for licensees to list a particular certification or designation on their license. For example, Council rule §463.25 allows psychologists to indicate they are certified as a Health Service Psychologist (HSP) and Council rule §681.73 allows LPCs to be licensed with an art therapy designation. Neither of these are required for licensure, but these certifications or designations get listed on a license to provide additional notice to the public regarding a licensee's educational and academic background. This new rule follows this same tradition, and therefore the Council declines to amend or not adopt the rule as requested by the commenters.

The Council thanks the commenters for their supportive comments.

Statutory Authority.

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 March 7, 2024.

TRD-202401012

Darrel D. Spinks

Executive Director

Texas Behavioral Health Executive Council

Effective date: March 27, 2024

Proposal publication date: November 17, 2023

For further information, please call: (512) 305-7706

CHAPTER 883. RENEWALS

SUBCHAPTER A. GENERAL PROVISIONS

22 TAC §883.1

The Texas Behavioral Health Executive Council adopts amendments to §883.1, relating to Renewal of a License. Section 883.1 is adopted without changes to the proposed text as published in the November 17, 2023, issue of the Texas Register (48 TexReg 6727) and will not be republished.

Reasoned Justification.

The adopted amendments require licensees selected for audit during renewal to obtain and submit a National Practitioner Data Base self-query. Council rule §882.2 requires new applicants to submit an NPDB self-query with their application, but previously there was no Council rule that required current licensees to submit an NPDB self-query. In a recent audit conducted by the State Auditor's Office, the lack of any required NPDB self-query for licensure renewal was identified as an area of concern for the licensing functions of the Council. Section 507.258 of the Occupations Code requires the Council to establish a process to search a national practitioner database to determine whether another state has taken any disciplinary or other legal action against an applicant or license holder before issuing an initial or renewal license. Therefore, these rule amendments have been adopted to address this identified area of concern, and to further implement §507.258 of the Occupations Code.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

A commenter disagreed with this rule change, stating that there are too many fees for a licensee that holds multiple licenses issued by the Council and requests a reduction in fees for such individuals. The commenter opines that individuals that hold multiple licenses must comply with multiple requirements: jurisprudence exams, continuing education fees, license fees, and now multiple NPDB query fees. The commenter concludes that such individuals should not be penalized for holding multiple licenses.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

A commenter agreed with this proposed rule change.

Agency Response.

The Council declines to amend the rule as requested by the commenter. This rule change does not directly affect the fees charged to all licensees for the renewal of a license. Only those licensees selected for audit, which under Council rule §882.50 is 5% of licensees renewing, will be required to pay an additional fee. And the current fee for an NBDP self-query is approximately $3.00, which is paid directly to NPDB. Only one NBDP self-query would be required to comply with this requirement, regardless of the number of licenses held by the individual, because the query pertains to the individual and not a particular license. The Council finds that an additional $3.00 fee for 5% of licensees renewing biannually to be so nominal that it should have no economic impact on licensees, and therefore declines to amend the rule to make an exception for individuals with multiple licenses as requested by the commenter.

The Council thanks the commenter for their supportive comments.

Statutory Authority.

Lastly, the Executive Council adopts this rule pursuant to the authority found in §507.258 of the Tex. Occ. Code which requires the Executive Council to establish a process to search a national practitioner database to determine whether another state has taken any disciplinary or other legal action against an applicant or license holder before issuing an initial or renewal license.

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 March 7, 2024.

TRD-202401013

Darrel D. Spinks

Executive Director

Texas Behavioral Health Executive Council

Effective date: March 27, 2024

Proposal publication date: November 17, 2023

For further information, please call: (512) 305-7706

CHAPTER 884. COMPLAINTS AND ENFORCEMENT

SUBCHAPTER A. FILING A COMPLAINT

22 TAC §884.1

The Texas Behavioral Health Executive Council adopts amendments to §884.1, relating to Timeliness of Complaints. Section 884.1 is adopted without changes to the proposed text as published in the November 17, 2023, issue of the Texas Register (48 TexReg 6729) and will not be republished.

Reasoned Justification.

The adopted amendments provide notice and clarity that the rule of limitations for the timeliness of a complaint does not apply to applications for reinstatement.

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.

Christian Counselors of Texas

Summary of comments for the rule.

The commenter indicated it will publish this proposed rule change in its newsletters, in an effort to increase response and opportunity to speak on such changes.

Agency Response.

The Council thanks the commenter for their supportive comments.

Statutory Authority.

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 March 7, 2024.

TRD-202401015

Darrel D. Spinks

Executive Director

Texas Behavioral Health Executive Council

Effective date: March 27, 2024

Proposal publication date: November 17, 2023

For further information, please call: (512) 305-7706

CHAPTER 885. FEES

22 TAC §885.1

The Texas Behavioral Health Executive Council adopts amendments to §885.1, relating to Executive Council Fees. Section 885.1 is adopted with changes to the proposed text as published in the November 17, 2023, issue of the Texas Register (48 TexReg 6730) and will be republished. The changes to the adopted rule are made to correct typographical errors.

Reasoned Justification.

The adopted amendments provide additional notice to applicants and licensees of the potential disciplinary action that may result from attempting to refund fees paid to the Council. Additionally, a new rule has been adopted, §882.28, regarding updates to degrees on licenses, so a new fee of $54.00 has been adopted for these types of applications.

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.

Lastly, the Executive Council adopts this rule amendment pursuant to the authority found in §507.154 of the Tex. Occ. Code which authorizes the Executive Council to set fees necessary to cover the costs of administering Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code.

§885.1.Executive Council Fees.

(a) General provisions.

(1) All fees are nonrefundable, nontransferable, and cannot be waived except as otherwise permitted by law. Any attempt to cancel, initiate a chargeback, or seek recovery of fees paid to the Council may result in the opening of a complaint against a licensee or applicant.

(2) Fees required to be submitted online to the Council must be paid by debit or credit card. All other fees paid to the Council must be in the form of a personal check, cashier's check, or money order.

(3) For applications and renewals the Council is required to collect fees to fund the Office of Patient Protection (OPP) in accordance with Texas Occupations Code §101.307, relating to the Health Professions Council.

(4) For applications, examinations, and renewals the Council is required to collect subscription or convenience fees to recover costs associated with processing through Texas.gov.

(5) All examination fees are to be paid to the Council's designee.

(b) The Executive Council adopts the following chart of fees:

(1) Fees effective through August 31, 2023.

Figure: 22 TAC §885.1(b)(1) (.pdf)

(2) Fees effective on September 1, 2023.

Figure: 22 TAC §885.1(b)(2) (.pdf)

(1) If the person's license has been expired (i.e., delinquent) for 90 days or less, the person may renew the license by paying to the Council a fee in an amount equal to one and one-half times the base renewal fee.

(2) If the person's license has been expired (i.e., delinquent) for more than 90 days but less than one year, the person may renew the license by paying to the Council a fee in an amount equal to two times the base renewal fee.

(3) If the person's license has been expired (i.e., delinquent) for one year or more, the person may not renew the license; however, the person may apply for reinstatement of the license.

(d) Open Records Fees. In accordance with §552.262 of the Government Code, the Council adopts by reference the rules developed by the Office of the Attorney General in 1 TAC Part 3, Chapter 70 (relating to Cost of Copies of Public Information) for use by each governmental body in determining charges under Government Code, Chapter 552 (Public Information) Subchapter F (Charges for Providing Copies of Public Information).

(e) Military Exemption for Fees. All licensing and examination base rate fees payable to the Council are waived for the following individuals:

(1) military service members and military veterans, as those terms are defined by Chapter 55, Occupations Code, whose military service, training, or education substantially meets all licensure requirements; and

(2) military service members, military veterans, and military spouses, as those terms are defined by Chapter 55, Occupations Code, who hold a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements of this state.

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 March 7, 2024.

TRD-202401016

Darrel D. Spinks

Executive Director

Texas Behavioral Health Executive Council

Effective date: March 27, 2024

Proposal publication date: November 17, 2023

For further information, please call: (512) 305-7706