PART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
CHAPTER 882. APPLICATIONS AND LICENSING
SUBCHAPTER F. LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, VETERANS, AND MILITARY SPOUSES
The Texas Behavioral Health Executive Council proposes amendments to §882.61, relating to Special Licensing Provisions for Service Members and Military Spouses.
Overview and Explanation of the Proposed Rule. The proposed amendments are intended to better align this rule with both state and federal law regarding licensing exemptions for service members and military spouses.
Fiscal Note. Darrel D. Spinks, Executive Director of the Executive Council, has determined that for the first five-year period the proposed rule is in effect, there will be no additional estimated cost, reduction in costs, or loss or increase in revenue to the state or local governments as a result of enforcing or administering the rule. Additionally, Mr. Spinks has determined that enforcing or administering the rule does not have foreseeable implications relating to the costs or revenues of state or local government.
Public Benefit. Mr. Spinks has determined for the first five-year period the proposed rule is in effect there will be a benefit to applicants, licensees, and the general public because the proposed rule will provide greater clarity, consistency, and efficiency in the Executive Council's rules. Mr. Spinks has also determined that for each year of the first five years the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be to help the Executive Council protect the public.
Probable Economic Costs. Mr. Spinks has determined for the first five-year period the proposed rule is in effect, there will be no additional economic costs to persons required to comply with this rule.
Small Business, Micro-Business, and Rural Community Impact Statement. Mr. Spinks has determined for the first five-year period the proposed rule is in effect, there will be no adverse effect on small businesses, micro-businesses, or rural communities.
Regulatory Flexibility Analysis for Small and Micro-Businesses and Rural Communities. Mr. Spinks has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities. Thus, the Executive Council is not required to prepare a regulatory flexibility analysis pursuant to §2006.002 of the Tex. Gov't Code.
Local Employment Impact Statement. Mr. Spinks has determined that the proposed rule will have no impact on local employment or a local economy. Thus, the Executive Council is not required to prepare a local employment impact statement pursuant to §2001.022 of the Tex. Gov't Code.
Requirement for Rules Increasing Costs to Regulated Persons. The proposed rule does not impose any new or additional costs to regulated persons, state agencies, special districts, or local governments; therefore, pursuant to §2001.0045 of the Tex. Gov't Code, no repeal or amendment of another rule is required to offset any increased costs. Additionally, no repeal or amendment of another rule is required because the proposed rule is necessary to protect the health, safety, and welfare of the residents of this state and because regulatory costs imposed by the Executive Council on licensees is not expected to increase.
Government Growth Impact Statement. For the first five-year period the proposed rule is in effect, the Executive Council estimates that the proposed rule will have no effect on government growth. The proposed rule does not create or eliminate a government program; it does not require the creation or elimination of employee positions; it does not require the increase or decrease in future legislative appropriations to this agency; it does not require an increase or decrease in fees paid to the agency; it does not create a new regulation; it does not expand an existing regulation; it does not increase or decrease the number of individuals subject to the rule's applicability; and it does not positively or adversely affect the state's economy.
Takings Impact Assessment. Mr. Spinks has determined that there are no private real property interests affected by the proposed rule. Thus, the Executive Council is not required to prepare a takings impact assessment pursuant to §2007.043 of the Tex. Gov't Code.
REQUEST FOR PUBLIC COMMENTS. Comments on the proposed rule may be submitted by mail to Patrick Hyde, General Counsel, Texas Behavioral Health Executive Council, 1801 Congress Ave., Ste. 7.300, Austin, Texas 78701 or via https://www.bhec.texas.gov/proposed-rule-changes-and-the-rulemaking-process/index.html. The deadline for receipt of comments is 5:00 p.m., Central Time, on August 13, 2023, which is at least 30 days from the date of publication of this proposal in the Texas Register.
Statutory Authority. The rule is proposed 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 proposes this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
The Executive Council also proposes 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.
Lastly, the Executive Council proposes this rule pursuant to the authority found in §55.0041 of the Tex. Occ. Code which instructs licensing agencies to adopt rules to recognize the out-of-state license of a military spouse.
No other code, articles or statutes are affected by this section.
§882.61.Special Licensing Provisions for Service Members and Military Spouses.
(a) Notwithstanding §882.23 of this chapter
and in accordance with §55.0041 of the Occupations Code and the
Veterans Auto and Education Improvement Act of 2022 (Public Law No.
117-333), a [A] service member or military
spouse is authorized [shall be issued a license]
to practice marriage and family therapy, professional counseling,
psychology, or social work without a license if the person
meets each of the following requirements:
(1) the service member or spouse notifies the Council on an agency approved form or as directed by agency staff, of the service member's or military spouse's intent to practice a particular profession in this state;
(2) the service member or military spouse
provides verification of licensure in good standing in another jurisdiction in the similar scope of practice and in the discipline applied for
in this state, and: [that has licensing requirements that
are substantially equivalent to the requirements for licensure in
this state;]
(A) has actively used the license during the two years immediately preceding the date of application; or
(B) for military spouses only, holds a license that has licensing requirements that are substantially equivalent to the requirements for licensure in this state;
[(3) the spouse submits a copy of the law reflecting the current licensing standards for the relevant profession in the state where the spouse is licensed, with the relevant portions highlighted for easy reference;]
(3) [(4)] the service member or military spouse submits proof of residency in this state (e.g. copy of a permanent change of station order) and a copy of the service member's or military spouse's military identification
card; and
(4) [(5)] the Council provides
confirmation to the service member or military spouse that
it has verified the service member's or military spouse's
license in the other jurisdiction and that the service member
or military spouse is authorized to practice a particular profession.
(b) In order to meet the requirements of subsection
(a)(2)(B) of this section, a military spouse must submit a copy of
the law reflecting the current licensing standards for the relevant
profession in the state where the spouse is licensed, with the relevant
portions highlighted for easy reference. The Council shall then
determine substantial equivalency based upon the determinations
made by the member boards under §882.60(d) of this chapter. [(relating to Special Provisions Applying to Military Service Members,
Veterans, and Spouses).]
(c) The Council may rely upon the following when verifying licensure under this subsection: official verification received directly from the other jurisdiction, a government website reflecting active licensure and good standing, or verbal or email verification directly from the other jurisdiction.
(d) A service member or military spouse authorized
to practice [issued a license] under this rule is
subject to all laws and regulations in the same manner as a regularly
licensed provider.
(e) A service member or military spouse may practice [license issued] under this rule [is valid] while
the [holder's] service member or military spouse
is stationed at a military installation in this state. [or
for three years from the date of issuance, whichever is less. A license
issued under this rule cannot be renewed or extended.]
(f) In order to obtain and maintain the privilege to practice without a license in this state, a service member or military spouse must remain in good standing with every licensing authority that has issued a license to the service member or military spouse at a similar scope of practice and in the discipline applied for in this state.
(g) Subsection (a)(2)(A) of this section does not apply to service members or military spouses that are licensed and able to operate in this state through an interstate licensure compact. Service members or military spouses eligible to participate in an interstate licensure compact may either apply to practice through the authority of the interstate licensure compact or through other applicable state law.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 28, 2023.
TRD-202302334
Darrel D. Spinks
Executive Director
Texas Behavioral Health Executive Council
Earliest possible date of adoption: August 13, 2023
For further information, please call: (512) 305-7705