PART 21. TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER B. LICENSING REQUIREMENTS
The Texas Behavioral Health Executive Council adopts amendments to §463.8, relating to Licensed Psychological Associate. Section 463.8 is adopted without changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1700) and will not be republished.
Reasoned Justification.
The adopted amendments correct typographical errors in subsections (a)(3), (b)(3), and (c)(3). The adopted amendment to subsection (a)(2) will allow for the supervised experience from an internship, practicum, or the like to count towards licensure if it is obtained under an individual licensed as an LSSP, instead of only under the supervision of a psychologist. Subsection (c)(5) has been amended to allow a provisionally licensed psychologist to count supervision hours obtained towards the independent practice requirements as an LPA. Subsection (d) has been deleted to correspond with the adopted change to §463.11, which deletes the gap requirements for when supervised experience was obtained and when an application was submitted. Subsection (f) extends a grandfathering provision for degrees in psychology that began before August 31, 2019. And subsection (g) creates a way for applicants with deficiencies to petition for permission to remediate certain areas of deficiency.
List of interested groups or associations against the rule.
The Texas Association of School Psychologists
Summary of comments against the rule.
A commenter disagreed with this rule change because the commenter has been licensed as an LPA and LSSP since the 1990s and the commenter believes there should be a grandfathering provision added to the independent practice status supervised experience requirements for those licensees who may no longer have documentation of the supervision they received under a psychologist if it occurred a long time ago.
A commenter disagreed with this rule change because the commenter stated that the training and scope of practice for an LSSP and LPA are dissimilar. LSSPs specialize in knowledge of the school system and IDEA eligibility criteria and not the many diagnoses listed in the DSM. Therefore, LPAs are not competent to practice in a school setting, having an LSSP supervise an LPA would not remedy this type of deficiency in competence, and LSSPs are not trained to supervise LPAs beyond the scope of practice for an LSSP.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
A Commenter voiced support for these rule changes. The commenter opined that Texas has a shortage in its mental health workforce and the commenter believes some of these rule changes may help address some of the issues preventing otherwise qualified applicants from obtaining licensure.
Agency Response.
The Executive Council declines to amend the rule as requested by the commenters. A grandfathering provision was not considered in the original proposal so adopting the rule with such an amendment would be outside the scope of the original proposal. Documentation of supervised experience is required for all applicants by §882.2 so a waiver of this requirement would not be possible.
The Executive Council acknowledges the differences in the education, training, and scope of practice between LSSPs and LPAs. The amended rule does not expand the scope of practice for LPAs, this rule amendment does not allow for LPAs to conduct the practice of school psychology in a school setting. What this rule amendment does is allow for applicants that have completed at least six hours of structured supervised experience, such as in internship or practicum, under the supervision of a licensed psychologist or an LSSP to be eligible to apply for an LPA. Before an LPA can independently conduct the practice of psychology, the LPA must obtain at least 3,000 hours of supervised experience delivering psychological services under the supervision of a licensed psychologist. Therefore, an LPA must have practiced under the supervision of a licensed psychologist for at least two years before an LPA can practice psychology independently, and the Executive Council, along with the Texas State Board of Examiners of Psychologists, believes this will ensure that future LPAs are competent to provide psychological services to the public.
The Executive Council appreciates the supportive comments.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §501.1515 of the Tex. Occ. Code the Texas State Board of Examiners of Psychologists previously voted and, by a majority, approved to propose the adoption of this rule to the Executive Council. The rule is specifically authorized by §501.1515 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed the rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 501 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 1, 2023.
TRD-202303223
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: September 21, 2023
Proposal publication date: March 31, 2023
For further information, please call: (512) 305-7706
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER B. RULES OF PRACTICE
The Texas Behavioral Health Executive Council adopts new §681.35, relating to Informed Consent. Section 681.35 is adopted without changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1703) and will not be republished.
Reasoned Justification.
This adopted new rule transfers the existing requirements for informed consent from current §681.41 to this new rule, and it adds new language in subsection (d). Subsection (d) is intended to create a standard by which informed consent can be provided by licensees to clients while licensees are employed by agencies or institutions, where obtaining signed documentation may not be possible or easily accomplished. The adopted new rule requires the same level of notice and public protection that is currently required, while also creating a regulation that is not overly burdensome or impossible to comply with for licensees.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
A commenter voiced opposition to this rule because the commenter opined that it was confusing. The commenter's questions centered around the new language in subsection (d), wondering if the written documentation required by this subsection must be made in a session note and whether it needs to be signed by the recipient of services. Further the commenter questioned whether this rule would allow a licensee to provide services to a minor child without a signed informed consent.
Another commenter disagreed with this rule because the commenter felt the rule creates an informed consent that will be multiple pages in length, that the added information is easily provided via public display in an office, and a counselor is not often certain which techniques could be used in the course of treating a client so when new or different techniques or treatments are used it will require additional informed consent which will in turn lead to larger storage requirements.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
A commenter, agreeing with the rule, questioned whether the rule waives the specific informed consent requirement for LPCs and LPC Associates, such as a licensee working at an inpatient medical facility that has a general medical consent but not a counseling specific informed consent.
A commenter agreed with the rule change but felt that subsection (c), regarding the need to obtain the appropriate documentation of legal authority for a parent or guardian to consent the services of a minor child, was either duplicative or insufficient. Additionally, the commenter felt subsection (d) sets up an unintended conflict when a client lacks the capacity to provide consent.
Agency Response.
The Executive Council declines to amend the rule as requested by the commenters. The requirements listed in subsections (a) through (c) of this rule are identical to those that are contained in current §681.41. Subsection (d) contains the only new rule language, and this language requires licensees to provide the same notice to clients as a typical signed informed consent. The only difference is if a licensee is employed by an agency or institution the signature of the client is not required but a licensee is still required to document that all the same required elements of an informed consent were provided to the client and the client consented.
The rule does not specify where such documentation must be entered so long as it is maintained in the client's records. This new rule language does not modify who has legal authority to provide consent for services, a minor child still lacks the legal authority to provide consent for services so a legally authorized individual, such as a parent or guardian, is still required to provide consent.
The elements required to be in an informed consent have not changed, so the commenter's assertion that this rule will lengthen the requirements is inaccurate. One of the purposes of this rule is to ensure that a client is given sufficient notice of the agreement being entered into between the licensee and client, e.g., counseling purposes, goals, and techniques; payment arrangements; and the limits on confidentiality. If a licensee makes a material change to this agreement then an updated informed consent regarding the changes is required under the current rules and will continue to be required under this new rule.
This new rule does not waive the informed consent requirements for any LPCs and LPC-Associates, it only waives the requirement for the client's signature on an informed consent when a licensee is employed by an agency or institution.
Subsection (c) of this new rule contains the same language in current §681.41, and the Council does not find the language in subsection (c) to be unclear. Subsection (c) unambiguously states that if a licensee is providing services to a minor client that is named in a custody agreement or court order, then the licensee must obtain, review, and abide by the custody agreement or court order, as well as any applicable part of a divorce decree. Additionally, new subsection (d) does not modify the requirement that an individual must first have the legal authority to consent for service, so the Council does not see any unintended conflict caused by this subsection.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §503.2015 of the Tex. Occ. Code the Texas State Board of Examiners of Professional Counselors previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §503.2015 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 1, 2023.
TRD-202303224
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Professional Counselors
Effective date: September 21, 2023
Proposal publication date: March 31, 2023
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council adopts new §681.36, relating to Client Records. Section 681.36 is adopted without changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1704) and will not be republished.
Reasoned Justification.
This adopted new rule transfers the existing requirements for records from current §681.41 to this new rule.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
A commenter voicing opposition to this rule stated that subsection (c) puts unnecessary responsibility on a licensee when agencies and institutions own the client's records and thus should remain the property of the agency or institution.
Another commenter opposed this rule opining that it is unreasonable for clinicians to keep records until the client reaches 18 years and then five years after that, and the commenter would like for the requirement to change to 7 years for all clients, regardless of the age of the client. The commenter believes this requirement is too costly to comply with and the commenter cannot recall ever receiving a request for records from a family of a child five years after they had become an adult.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
The Executive Council declines to amend the rule as requested by the commenters. While the wording of new subsection (c) may be slightly different than current §681.41, the requirements are the same. As this subsection states, licensees are required to maintain a client's records, but if a licensee is employed with an agency or institution and this employer maintains the client's records then the licensee is not required to maintain a duplicate set of the client's records.
The requirement of subsection (b) of this rule are the same as current §681.41. On November 19, 2020, the requirements for the retention of client records were amended from a 6 year requirement to the current 7 seven years from the date of termination of services, or 5 years after the client reaches the age of majority, whichever is greater. This change was not only done with the consent of the Texas State Board of Examiners of Professional Counselors but identical changes to the retention of records rules for all the other Boards under the Executive Council were also made. This was done to standardize the retention of records rules for all licensees under the Executive Council. And this was also done to align the record retention requirements with the Executive Council's rule that governs the timeliness of complaints, §884.1. Therefore, during the period of time that a complaint can be timely filed against a licensee the licensee is required to maintain the client's records. That way a licensee will still have the relevant client records pertaining to a complaint if one is timely filed. Any changes to the records retention period in a Board's rules must take all of these factors into consideration, and at this time the Executive Council does not see the need to change this requirement.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §503.2015 of the Tex. Occ. Code the Texas State Board of Examiners of Professional Counselors previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §503.2015 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 1, 2023.
TRD-202303225
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Professional Counselors
Effective date: September 21, 2023
Proposal publication date: March 31, 2023
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council adopts new §681.37, relating to Billing and Financial Arrangements. Section 681.37 is adopted with changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1706) and will be republished. The adopted changes make grammatical and technical corrections to subsection (a)(3) and (5) but substantially does not change the rule.
Reasoned Justification.
This adopted new rule transfers the existing requirements for billing and financial arrangements from current §681.41 to this new rule.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
A commenter opined that this rule appears to prohibit licensees from advertising on websites or in trade publications when it actually prohibits illegal quid-pro-quo referrals or kickbacks, the commenter feels subsection (b) is confusing and should be reworded.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
The Executive Council declines to amend the rule as requested by the commenter. The language in subsection (b) is taken from current §681.41, and this language was taken from §503.401(a)(4) of the Occupations Code. This statute and rule does not prohibit licensees from advertising, but the wording of the rule was specifically chosen in an effort to correlate this rule with the statutory language, so the Executive Council does not see a need to change this language at this time.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §503.2015 of the Tex. Occ. Code the Texas State Board of Examiners of Professional Counselors previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §503.2015 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
§681.37.Billing and Financial Arrangements.
(a) Billing Requirements.
(1) A licensee must bill clients or third parties for only those services actually rendered or as agreed to by mutual understanding at the beginning of services or as later modified by mutual written agreement.
(2) Relationships between a licensee and any other person used by the licensee to provide services to a client must be so reflected on billing documents.
(3) Upon the written request of a client, a client's guardian, or a client's parent (sole managing, joint managing or possessory conservator) if the client is a minor, a licensee must provide, in plain language, a written explanation of the types of treatment and charges for counseling treatment intervention previously made on a bill or statement for the client. This requirement applies even if the charges are to be paid by a third party.
(4) A licensee may not knowingly overcharge a client.
(5) A licensee may not submit to a client or a third party payor a bill for counseling treatment intervention the licensee knows or should know is improper, unreasonable, or unnecessary. However, nothing in this rule should be construed to prevent a licensee from submitting a bill for an unkept appointment.
(b) In accordance with §503.401(a)(4) of the Act, a licensee must not intentionally or knowingly offer to pay or agree to accept any remuneration directly or indirectly, overtly or covertly, in cash or in kind, to or from any person, firm, association of persons, partnership, corporation, or entity for securing or soliciting clients or patronage.
(c) A licensee employed or under contract with a chemical dependency facility or a mental health facility must comply with the requirements in the Texas Health and Safety Code, §164.006, relating to soliciting and contracting with certain referral sources. Compliance with the Treatment Facilities Marketing Practices Act, Texas Health and Safety Code Chapter 164, will not be considered as a violation of state law relating to illegal remuneration.
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 September 1, 2023.
TRD-202303226
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Professional Counselors
Effective date: September 21, 2023
Proposal publication date: March 31, 2023
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council adopts new §681.38, relating to Conflicts, Boundaries, Dual Relationships, and Termination of Relationships. Section 681.38 is adopted without changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1707) and will not be republished.
Reasoned Justification.
This adopted new rule transfers the existing requirements regarding conflicts, boundaries, dual relationships, and termination of relationships with clients from current §681.41 to this new rule.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
A commenter voiced opposition to this rule by stating that the prohibition of non-therapeutic relationships was too vague and restrictive for special populations and small communities, such as the deaf community. The commenter requested adding clarifying language to the rule that prohibits non-therapeutic relationships with current or former clients in which the therapist has power, authority, or detrimental influence over the client.
Another commenter voiced opposition to the prohibitions against non-therapeutic relationships with clients contained in subsection (d) of the rule. The commenter opined that the absolute prohibition against romantic or sexual relationships with clients is appropriate, but the commenter asserts that a growing body of research suggests that not all boundary crossing with clients is bad and in some instances can be helpful. The commenter requested amending the rule to focus on prohibiting harm that could reasonably have been anticipated instead of having an absolute prohibition against all non-therapeutic relationships.
Lastly, a commenter voiced concern and confusion regarding subsection (b) of the rule, wondering what the purpose of this part of the rule was and asserting that it will require a licensee to inform prospective clients that all services are being provided because the licensee needs the income. Additionally, the commenter felt subsection (c) was too vague and asked for further guidance or examples of how to define and measure professional boundaries.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
The Executive Council declines to amend the rule as requested by the commenters. With the exception of subsection (d), the language in this rule is identical to the language in current §681.41. While grammatical changes have been made to subsection (d) these changes were made for the purposes of clarity, the substance of this subsection has not changed, so its requirements and prohibitions are the same. Licensees engaging in non-therapeutic relationships with clients has been prohibited under §681.41 since at least 2003. And in 2010 the prohibition against non-therapeutic relationships, found in §681.41, was amended to the standard that it is today. A licensee may not engage in a non-therapeutic relationship with a client unless it begins more than two years after the end of the therapeutic relationship, the non-therapeutic relationship is consensual, not the result of exploitation by the licensee, and is not detrimental to the client. Additionally, a licensee may not engage in sexual contact with a client unless it begins more than five years after the end of the therapeutic relationship, the non-therapeutic relationship is consensual, not the result of exploitation by the licensee, and is not detrimental to the client.
The language in subsection (b) is identical to what is currently in §681.41, and this language has existed in the rule since at least 2010. This subsection allows licensees that are providing professional counseling services to a client to promote other activities, services, or products that either facilitate the counseling process or help achieve counseling goals, but if the licensee has a personal or business interest in these other activities, services, or products then the licensee must disclose the interest to the client and must not exert any undue influence over the client when promoting these activities, services, or products.
The language in subsection (c) is identical to what is currently in §681.41, and this language has existed in the rule since at least 2003. Previously the requirement for licensees to set and maintain professional boundaries was followed by a prohibition against dual relationships which was defined as non-therapeutic relationships. In 2010 this part of §681.41 was amended with the same language as stated in subsection (c) of this rule, and it was followed by the prohibitions against non-therapeutic relationships similar to those stated in subsection (d). If the commenter is looking for more guidance or information as to how to understand and comply with subsection (c) then the commenter can look to subsection (d).
At this time, the Texas State Board of Professional Counselors and the Executive Council do not find it necessary or appropriate to change the standards listed in subsections (b), (c), or (d) which have all existed for a long time.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §503.2015 of the Tex. Occ. Code the Texas State Board of Examiners of Professional Counselors previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §503.2015 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 1, 2023.
TRD-202303227
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Professional Counselors
Effective date: September 21, 2023
Proposal publication date: March 31, 2023
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council adopts amended §681.41, relating to General Ethical Requirements. Section 681.41 is adopted without changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1709) and will not be republished.
Reasoned Justification.
Subsections (e), (f), (h), (i), (j), (k), (l), (m), (n), (q), (r), (s), (t), (v), (w), and (x) have been deleted from this rule because these subsections have been moved to and adopted in separate rules to organize the rules of practice in a more accessible and intuitive manner. Additionally, subsection (u) was deleted because it was duplicative, the same requirement already exists in §681.45.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
None.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
None.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §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 September 1, 2023.
TRD-202303228
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Professional Counselors
Effective date: September 21, 2023
Proposal publication date: March 31, 2023
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council adopts amended §681.52, relating to Parenting Facilitation. Section 681.52 is adopted without changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1712) and will not be republished.
Reasoned Justification.
An amendment to §681.41 has been adopted, so a corresponding amendment to subsection (y) of this rule has been adopted.
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 agreed with the proposed rule amendment but also opined that parent facilitators should not allow for the medical care of a child to be an issue for debate for the parents.
Agency Response.
Issues regarding the medical care of a child are beyond the scope of the proposed amendments to this rule. These adopted amendments update a rule citation is in subsection (y) of the rule because of a change made to §681.41. Therefore the Executive Council declines to adopt any changes to this rule regarding any issues of potential debate between parents, such as the medical care of a child.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §503.2015 of the Tex. Occ. Code the Texas State Board of Examiners of Professional Counselors previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §503.2015 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov’t Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 1, 2023.
TRD-202303229
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Professional Counselors
Effective date: September 21, 2023
Proposal publication date: March 31, 2023
For further information, please call: (512) 305-7706
The Texas Behavioral Health Executive Council adopts amended §681.205, relating to Schedule of Sanctions. Section 681.205 is adopted without changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1715) and will not be republished.
Reasoned Justification.
Amendments to §681.41 and new §§681.35, 681.36, 681.37, and 681.38 have been adopted, so corresponding amendments to this rule must also being adopted.
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
None.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
None.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
In accordance with §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 September 1, 2023.
TRD-202303230
Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Professional Counselors
Effective date: September 21, 2023
Proposal publication date: March 31, 2023
For further information, please call: (512) 305-7706
CHAPTER 882. APPLICATIONS AND LICENSING
SUBCHAPTER F. LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, VETERANS, AND MILITARY SPOUSES
The Texas Behavioral Health Executive Council adopts amendments to §882.61, relating to Special Licensing Provisions for Service Members and Military Spouses. Section 882.61 is adopted with changes to the proposed text as published in the July 14, 2023, issue of the Texas Register (48 TexReg 3797) and will be republished.
Reasoned Justification.
The adopted amendments better align this rule with both state and federal law regarding licensing exemptions for service members and military spouses. The rule is adopted with changes in response to recent amendments made to Section 55.0041 of the Occupations Code by S.B. 422, 88th Leg., R.S. (2023).
List of interested groups or associations against the rule.
None.
Summary of comments against the rule.
None.
List of interested groups or associations for the rule.
None.
Summary of comments for the rule.
None.
Agency Response.
None.
Statutory Authority.
The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.
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.
Lastly, the Executive Council adopts 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 service member and a military spouse.
§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 service member or military spouse is authorized 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 military 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:
(A) has actively used the license during the two years immediately preceding the date of application; or
(B) holds a license that has licensing requirements that are substantially equivalent to the requirements for licensure in this state;
(3) 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) 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 service member or military spouse must submit a copy of the law reflecting the current licensing standards for the relevant profession in the state where the service member or military 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.
(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 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 under this rule while the service member or military spouse is stationed at a military installation in this state. If the service member or military spouse relied upon subsection (a)(2)(B) of this section to obtain authorization to practice, the authority shall extend only until the third anniversary of the date of confirmation referenced in subsection (a)(4) of this section.
(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.
(h) Notwithstanding subsection (e) of this section, in the event of a divorce or similar event (e.g., annulment, death of spouse) affecting a military spouse's marital status, a military spouse who relied upon subsection (a)(2)(B) of this section to obtain authorization to practice may continue to practice under the authority of this rule until the third anniversary of the date of confirmation referenced in subsection (a)(4) of this section.
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 September 1, 2023.
TRD-202303222
Darrel D. Spinks
Executive Director
Texas Behavioral Health Executive Council
Effective date: September 21, 2023
Proposal publication date: July 14, 2023
For further information, please call: (512) 305-7706