Part XXX.
Texas State Board of Examiners of Professional Counselors
Chapter 681.
Professional Counselors
The Texas State Board of Examiners of Professional Counselors (board)
adopts the repeal of §681.84; amendments to §§681.2, 681.3,
681.16-681.18, 681.32, 681.33, 681.40, 681.43, 681.52, 681.63, 681.81-681.83,
681.92, 681.94, 681.96, 681.111, 681.112, 681.121-681.124, 681.126, 681.128,
681.172-681.178, 681.192 and 681.196; and new §§681.251-681.256
concerning the licensing and regulation of licensed professional counselors.
Sections 681.2, 681.32, 681.81, and 681.92 are adopted with changes to the
proposed text as published in the April 9, 1999, issue of the
Texas Register
(24 TexReg 2829). Sections 681.3, 681.16-681.18, 681.33,
681.40, 681.43, 681.52, 681.63, 681.82, 681.83, 681.94, 681.96, 681.111, 681.112,
681.121-681.124, 681.126, 681.128, 681.172-681.178, 681.192, 681.196, and
681.251-681.256 are adopted without changes and therefore will not be republished.
The General Appropriations Act, House Bill 1, Article IX, Rider 167, passed
by the 75th Legislature, requires that each state agency review and consider
for readoption each rule adopted by that board pursuant to the Government
Code, Chapter 2001 (Administrative Procedures Act). Sections 681.1-681.19,
681.26, 681.32-681.43, 681.51, 681.52, 681.61-681.64, 681.81-681.84, 681.91-681.96,
681.111-681.114, 681.121-681.128, 681.161-681.163, 681.171-681.179, 681.191-681.200,
681.211, and 681.220 have been reviewed and the board determined that reasons
for adopting the sections continue to exist. No comments were received from
the public during the 30 days following publication of the notice and intent
to review these rules which was published in the July 17, 1998, issue of the
Specifically, §681.2 concerning definitions, is amended to ensure
that all definitions are listed with numbers to comply with the Texas Register
format required by 1 Texas Administrative Code, §91.1, effective February
17, 1998.
Section 681.2(14) is amended to clarify the definition of recognized religious
practitioner.
Section 681.2(14)(A) is amended to accurately reflect federal regulation
citations.
Section 681.3(c) is amended to remove language " Texas Civil Statutes".
Section 681.16(c) is amended to remove the word "copies" in reference to
making rosters available to licensees and other agencies as this information
is now available through electronic means.
Section 681.17(a)(5) is amended to provide additional clarification of
late renewal fees.
Section 681.17(a)(6) is amended to provide additional clarification concerning
when renewal penalty fees must be submitted to the board.
Section 681.18(a)(1) is amended to clarify procedures for written notifications
related to applications.
Section 681.18(a)(1)(A) is amended to remove the reference to letters of
acceptance of applications and replace with language to indicate that the
time frame is in reference to the issuance of a temporary license.
Section 681.32(e) is amended to require licensees to inform in writing
individuals entering into a counseling relationship of fees, counseling purposes,
goals and techniques, any restrictions placed on the license by the board,
limits of confidentiality, and intent to use another individual to provide
counseling or supervision of the licensee by another licensed mental health
care professional.
Section 681.32(g) is amended to define telepractice and to remove the prohibition
of the provision of counseling services by electronic means. It is further
amended to require counselors engaging in telepractice to adhere to each provision
of this chapter.
Section 681.32(k) is amended to require the licensee to set and maintain
professional boundaries and to clarify the meaning of dual relationship and
boundary violations within a counseling relationship.
Section 681.32(q) is amended to require a written agreement between licensee
and client for any modification in services rendered by the licensee.
Section 681.32(q)(1) is amended to require the licensee to indicate any
relationship between the licensee and any other person used by the licensee
to provide services to a client on billing documents.
Section 681.32(q)(2) is amended to provide clarification concerning persons
who are entitled to client records and the type of information that must be
provided by the licensee.
Section 681.32(u) is amended to remove reference to the Crime Victims Compensation
Act and replace it with the Code of Criminal Procedure, Chapter 56, to provide
accurate information concerning applicable laws.
Section 681.32(w) is amended to provide clarification of the intent of
the rule by replacing "subversion" with the term "falsification".
Section 681.33(f) is amended to more accurately state the purpose of the
rule by replacing " person" with the word "client".
Section 681.33(g)(8) is amended to indicate that any form of kissing or
fondling of a client by a licensee may constitute sexual exploitation.
Section 681.33(i)(1) is amended to clarify the duty to report suspected
client sexual exploitation, sexual misconduct, or therapeutic deception by
a mental health service provider.
Section 681.40(f) is amended to remove the word " intervention" from the
reference to counseling treatment services.
Section 681.40(g) is added to this section to require counselors holding
a temporary license to indicate intern status on all advertisements, billing
and announcements of counseling treatment by use of the term LPC-Intern.
Section 681.43(1) is amended to accurately reflect the applicable chapter
of the Family Code by replacing Chapter "34" with Chapter "261".
Section 681.52(a)(7) is amended to remove the requirement that an imprint
of a notary seal must appear on the edge of the photograph of applicants for
licensure.
Section 681.52(d) is amended to include a requirement that supervisor agreements
be dated by both supervisor and applicant before a notary public.
Section 681.63(d) is amended to modify wording to the past tense.
Section 681.81(a) is amended to clarify when a temporary license may be
issued to an applicant.
Section 681.81(a)(4) is amended to add language to clarify time restrictions
for reapplication when the applicant has failed the board examination two
successive times.
Section 681.81(a)(5) is amended to further clarify requirements for reapplication
for a second temporary licensure for a person having failed the board examination
two successive times.
Section 681.81(b) is amended to remove paragraphs (1), (2), and (3) concerning
the provisions for acceptance of supervised experience hours and to provide
a statement of improved clarification concerning time periods for acceptable
supervisory experience for persons not holding a temporary license.
Section 681.82 is amended by the addition of subsections (l)-(o) containing
rules moved from §681.84 in order that they may be located in the rule
section more appropriate for experience requirements for interns.
Section 681.83(a)(2) is amended to provide clarification of persons eligible
to supervise counseling services provided by interns.
Section 681.83(b)(2)(B) is amended to provide clarification of persons
eligible to supervise counseling services provided by interns.
Section 681.83(c) is amended to clarify that supervisors of interns must
be board approved.
Section 681.83(d)(1)-(5) is amended to add these paragraphs containing
rules moved from §681.84 in order that they may be located in the rule
section more appropriate to requirements concerning supervisors of interns.
Section 681.84 is repealed to move specific rules related to interns receiving
supervision to §681.82 and move specific rules related to the supervision
of interns to §681.83.
Section 681.92(a) is amended to allow interns to take the Licensed Professional
Counselor Examination at any time during the effective dates of their temporary
license. Paragraphs (1)-(4) have been added to this section to clarify when
a regular license may be issued after successful completion of the examination,
when an application or temporary licensed may be voided if the examination
is failed twice and reapplication requirements after failing the examination
twice.
Section 681.92(b) is amended to further clarify application requirements
for applicants seeking a regular license and not holding a temporary license
at the time of application.
Section 681.94(d) is amended to clarify the need for and requirements concerning
licensure reapplication for persons failing the examination twice.
Section 681.96 is amended to correct punctuation, and delete the word "or".
Section 681.111(a) is amended to clarify procedures concerning the payment
of fees associated with the issuance of a license.
Section 681.111(b) is amended to remove reference to fee requirements associated
with the submission of an examination score report.
Section 681.112(a)(1) is amended to remove reference to a provisional license
fee and replace with a statement indicating only a license fee in keeping
with §681.17(a)(1) concerning fees.
Section 681.112(a)(3) is amended to clarify the types of examinations that
are acceptable to the board for licensure by endorsement.
Section 681.121(c) is amended to indicate the requirement that all licenses
issued by the board are to be renewed annually.
Section 681.122 is amended to clarify and revise the the effective dates
of an initial license issued by the board.
Section 681.123(a) is amended to reduce and clarify the type of information
to be included in a notice of license renewal issued to the licensee by the
board.
Section 681.124(d) is amended to clarify procedures for making late license
renewal payments to the board.
Section 681.126(a) is amended to remove references to date stamps on retired
licenses. The retired license will now be returned to the retiring licensee
after it is marked as a retired license, but without processing date.
Section 681.128(c) is amended to reflect only the Family Code, Chapter
232 and remove all other references to legislative citations.
Section 681.172 is amended to allow the completion of at least three hours
of continuing education directly related to counselor ethics issues in any
two successive twelve month periods instead of one twelve month period.
Section 681.173 is amended to remove the requirement that a licensee must
complete at least three clock-hours directly related to counselor ethics as
a part of the required twelve clock-hours of continuing education in each
twelve month period.
Section 681.174 is amended to clarify the types of continuing education
activity that will be acceptable to the board.
Section 681.175 is amended to require that individuals and organizations
initiate requests for board approval of specific programs for continuing education
credit before these programs occur.
Section 681.176(a)(2)(A) is amended to remove the requirement that pre-approved
providers maintain resumes of all presenters.
Section 681.177(5) is amended to allow for all of the twelve clock-hours
of continuing education to be obtained through independent study instead of
restricting independent study to three hours.
Section 681.178(1) is amended to clarify that continuing education completed
by the licensee shall be reported on a form provided by the board.
Section 681.178(7) is amended to indicate that a failure to meet the continuing
education requirement is a violation of board rules.
Section 681.192(e) is amended to indicate correspondence content, format
and mailing procedures for service of notices of hearings to licensees, including
information concerning default procedures associated with the licensees failure
to appear for hearing.
Section 681.196(d)(7) is amended to clarify types of felony and misdemeanor
offenses under various titles of the Texas Penal Code by adding reference
to Title 8 offenses against public administration.
New Subchapter N. Schedule of Sanctions, §§681.251- 681.256 is
added to comply with the Licensed Professional Counselor Act, Chapter 681,
Sec. 16(d) which requires the board to adopt by rule a schedule of sanctions
for violations under this Act. The schedule will be used by the State Office
of Administrative Hearings (SOAH) when imposing any sanction as a result of
an administrative hearing. Specifically, this subsection covers the purpose,
relevant factors, severity levels and sanction guide, other disciplinary actions,
SOAH and probation considerations.
The following comment was received concerning the proposed sections. Following
this comment is the board's response and any resulting change(s).
COMMENT: Concerning proposed §681.32(k)(l)-(6), renumbered as §681.32(k)(1)-(3),
a comment was received from the Texas Counseling Association which states
that the proposed changes to the board rules concerning dual relationships
are so delineating as to virtually preclude practice in small towns, schools,
and other settings and are overly definitive and requests the rules be rewritten
so as to be less restrictive and less prohibitive of reasonable practice.
RESPONSE: The board agrees that the proposed rules concerning dual relationships
are overly definitive and has revised the rule to reduce restrictive language
that could effect professional counselors practicing in small communities.
The board is making the following changes to further clarify the rules.
CHANGE: Concerning §681.2, all definitions are listed with numbers
to comply with Texas Register format.
CHANGE: Concerning §681.81(a)(4), additional clarifying language has
been added to further clarify the requirements for obtaining a temporary license
by those applicants that have never held a temporary license, but have failed
the counselor examination two successive times.
CHANGE: Concerning §681.81(a)(5), additional clarifying language has
been added to better define the requirements for obtaining a second temporary
license by those applicants who have held a temporary license, but have had
their temporary licenses voided after failing the counselor examination two
successive times.
CHANGE: Concerning §681.92(a)(3), additional language has been added
to better clarify the application requirements and assist the applicant by
providing a rule reference to required application materials necessary for
reapplication for licensure.
Subchapter A. The Board
22 TAC §§681.2, 681.3, 681.16-681.18
The amendments are adopted under the Licensed Professional
Counselor Act, Texas Civil Statutes Article 4512g, Section 6(e)(2) which provide
the Texas State Board of Examiners of Professional Counselors with the authority
to adopt and revise rules that are necessary to administer the Licensed Professional
Counselor Act and the General Appropriations Act, House Bill 1, Article IX,
Rider 167, passed by the 75th Legislature, is implemented by this adoption.
§681.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Accredited universities--Universities as reported by the
American Association of Collegiate Registrars and Admission Officers.
(2)
Act--The Licensed Professional Counselor Act, Texas
Civil Statutes, Article 4512g, as amended.
(3)
APA--The Administrative Procedure Act, Government
Code, Chapter 2001.
(4)
Art therapy--The practice of professional counseling
through services that use art media to promote perceptive, intuitive, affective,
and expressive experiences that alleviate distress and emotional, behavioral,
or social impairment.
(5)
Art therapy intern--An LPC or an LPC intern holding
a temporary license with an art therapy specialty designation.
(6)
Authorized representative--An individual authorized
to act on behalf of a licensee as evidenced by a written power of attorney
or the licensee's spouse.
(7)
Board--The Texas State Board of Examiners of Professional
Counselors.
(8)
Client--A person who seeks or receives services from
a licensee or from a person who is practicing counseling without a license,
either because no license is required under the Act at the time of counseling
or because the person has not obtained the license required by the Act.
(9)
Department--The Texas Department of Health.
(10)
Health care professional--A licensee or any other
person licensed, certified, or registered by the State in a health related
profession.
(11)
License--A regular, regular with art therapy specialty
designation, provisional, or temporary license issued by the board unless
the content of the rule indicates otherwise.
(12)
Licensee--A person who holds a regular, regular with
art therapy specialty designation, provisional, or temporary license.
(13)
LPC intern--A person who holds a temporary license
to practice counseling.
(14)
Recognized religious practitioner--A rabbi, member
of the clergy, or person of similar status who is a member in good standing
of and accountable to a legally recognized denomination, church, sect or religious
organization legally recognized under the Internal Revenue Code, §501(c)(3),
and other individuals participating with them in pastoral counseling if:
(A)
the counseling activities are within the scope of the performance
of their regular or specialized ministerial duties and are performed under
the auspices of sponsorship of the legally recognized denomination, church,
sect, religious organization or an integrated auxiliary of a church as defined
in Federal Tax Regulations, 26 Code of Federal Regulations;
(B)
the individual providing the service remains accountable
to the established authority of that denomination, church, sect, religious
organization or integrated auxiliary; and
(C)
the person does not use the title of or hold himself or
herself out as a professional counselor.
(15)
Supervisor--A person approved by the board as
meeting the requirements set out in §681.83 of this title (relating to
Supervisor Requirements), to supervise an LPC intern.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on July
12, 1999.
TRD-9904161
Anthony P. Picchioni
Chairperson
Texas State Board of Examiners for Professional Counselors
Effective date: August 1, 1999
Proposal publication date: April 9, 1999
For further information, please call: (512) 458-7236
22 TAC §§681.32, 681.33, 681.40, 681.43
The amendments are adopted under the Licensed Professional
Counselor Act, Texas Civil Statutes Article 4512g, Section 6(e)(2) which provide
the Texas State Board of Examiners of Professional Counselors with the authority
to adopt and revise rules that are necessary to administer the Licensed Professional
Counselor Act and the General Appropriations Act, House Bill 1, Article IX,
Rider 167, passed by the 75th Legislature, is implemented by this adoption.
§681.32.General Ethical Requirements.
(a)-(d)
(No change.)
(e)
A licensee shall inform an individual in writing before
or at the time of the individual's initial professional counseling session
with the licensee of the following:
(1)-(6)
(No change.)
(f)
(No change.)
(g)
A licensee shall provide counseling treatment intervention
only in the context of a professional relationship. Telepractice (interactive
long distance counseling delivery, where the client resides in one location
and the counselor in another) may be used as a part of the therapeutic counseling
process. Counselors engaging in Telepracticing must adhere to each provision
of this chapter.
(h)-(j)
(No change.)
(k)
The licensee shall set and maintain professional boundaries.
Dual relationships, with clients are prohibited. A dual relationship is considered
any non-counseling activity initiated by either the licensee or client for
the purpose of establishing a non-therapeutic relationship.
(1)
The licensee shall not provide counseling services to previous
or current:
(A)
family members;
(B)
personal friends;
(C)
educational associates; or
(D)
business associates.
(2)
The licensee shall not give or accept a gift
from a client or a relative of a client valued at more than fifty dollars,
enter into barter for services, or borrow or lend money or items of value
to clients or relatives of clients.
(3)
The licensee shall not enter into a non-professional
relationship with a client's family member or any person having a personal
or professional relationship with a client.
(l)-(p)
(No change.)
(q)
A licensee shall 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.
(1)
Relationships between a licensee and any other person used
by the licensee to provide services to a client shall be so reflected on billing
documents.
(2)
On 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 shall 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.
(3)-(4)
(No change.)
(r)-(t)
(No change.)
(u)
A licensee shall be subject to disciplinary action if the
licensee is issued a public letter of reprimand, is assessed a civil penalty
by a court, or has an administrative penalty imposed by the attorney general's
office under the Code of Criminal Procedure, Chapter 56.
(v)
(No change.)
(w)
An applicant for licensure shall not participate in anyway
in the falsification of licensing materials.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
12, 1999.
TRD-9904165
Anthony P. Picchioni
Chairperson
Texas State Board of Examiners of Professional Counselors
Effective date: August 1, 1999
Proposal publication date: April 9, 1999
For further information, please call: (512) 458-7236
22 TAC §681.52
The amendment is adopted under the Licensed Professional Counselor
Act, Texas Civil Statutes Article 4512g, §6(e)(2) which provide the Texas
State Board of Examiners of Professional Counselors with the authority to
adopt and revise rules that are necessary to administer the Licensed Professional
Counselor Act and the General Appropriations Act, House Bill 1, Article IX,
Rider 167, passed by the 75th Legislature, is implemented by this adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
12, 1999.
TRD-9904166
Anthony P. Picchioni
Chairperson
Texas State Board of Examiners of Professional Counselors
Effective date: August 1, 1999
Proposal publication date: April 9, 1999
For further information, please call: (512) 458-7236
22 TAC §681.63
The amendment is adopted under the Licensed Professional Counselor
Act, Texas Civil Statutes Article 4512g, §6(e)(2) which provide the Texas
State Board of Examiners of Professional Counselors with the authority to
adopt and revise rules that are necessary to administer the Licensed Professional
Counselor Act and the General Appropriations Act, House Bill 1, Article IX,
Rider 167, passed by the 75th Legislature, is implemented by this adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
12, 1999.
TRD-9904167
Anthony P. Picchioni
Chairperson
Texas State Board of Examiners of Professional Counselors
Effective date: August 1, 1999
Proposal publication date: April 9, 1999
For further information, please call: (512) 458-7236
22 TAC §§681.81-681.83
The amendments are adopted under the Licensed Professional
Counselor Act, Texas Civil Statutes Article 4512g, Section 6(e)(2) which provide
the Texas State Board of Examiners of Professional Counselors with the authority
to adopt and revise rules that are necessary to administer the Licensed Professional
Counselor Act and the General Appropriations Act, House Bill 1, Article IX,
Rider 167, passed by the 75th Legislature, is implemented by this adoption.
§681.81.Temporary License.
(a)
The Texas State Board of Examiners of Professional Counselors
(board) may issue a temporary license to an applicant who:
(1)
has filed all required application forms and license fee;
(2)
has met all academic requirements for licensure;
(3)
(No change.)
(4)
has never held a temporary license from the board
and has not failed any two successive board examinations within two years
prior to application or;
(5)
if applying for a second temporary license, (not a
30 month extension referenced in subsection (f) of this section), has failed
the board examination two successive times, has not completed the required
supervised experience and has waited two years since the date of the last
failed counselor examination or has completed nine graduate level semester
hours in the subject areas in which the applicant scored lowest on the previous
counselor examination. Documentation of completion of all graduate course
work must be submitted on an official school transcript.
(b)
In Texas, a person must obtain a temporary license before
the person begins an internship or continues an internship. Hours obtained
by an unlicensed person in any setting shall not count toward the supervised
experience requirements. Supervised experience hours gained prior to June
1, 1994, may count toward licensure if all academic requirements have been
met at the time of application. Hours gained after June 1, 1994 cannot count
without a temporary license.
(c)-(g)
(No change.)
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
12, 1999.
TRD-9904168
Anthony P. Picchioni
Chairperson
Texas State Board of Examiners of Professional Counselors
Effective date: August 1, 1999
Proposal publication date: April 9, 1999
For further information, please call: (512) 458-7236
22 TAC §681.84
The repeal is adopted under the Licensed Professional Counselor
Act, Texas Civil Statutes Article 4512g, Section 6(e)(2) which provide the
Texas State Board of Examiners of Professional Counselors with the authority
to adopt and revise rules that are necessary to administer the Licensed Professional
Counselor Act and the General Appropriations Act, House Bill 1, Article IX,
Rider 167, passed by the 75th Legislature, is implemented by this adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
12, 1999.
TRD-9904169
Anthony P. Picchioni
Chairperson
Texas State Board of Examiners of Professional Counselors
Effective date: August 1, 1999
Proposal publication date: April 9, 1999
For further information, please call: (512) 458-7236
22 TAC §§681.92, 681.94, 681.96
The amendments are adopted under the Licensed Professional
Counselor Act, Texas Civil Statutes Article 4512g, Section 6(e)(2) which provide
the Texas State Board of Examiners of Professional Counselors with the authority
to adopt and revise rules that are necessary to administer the Licensed Professional
Counselor Act and the General Appropriations Act, House Bill 1, Article IX,
Rider 167, passed by the 75th Legislature, is implemented by this adoption.
§681.92.Requirements for Licensure Examination.
(a)
An applicant who is an LPC intern may sit for the Licensed
Professional Counselor Examination at any time during the effective dates
of their temporary license.
(1)
A regular license will be issued to an applicant only after
completion of required supervised experience and successful completion of
the licensed professional examination.
(2)
The application of a person who fails any two successive
examinations shall be voided.
(3)
The temporary license of a person who fails any two
successive examinations shall be voided. Reapplication for a temporary license
must be in accordance with §681.52 of this title (relating to Required
Application Materials) and §681.81(a)(5) of this title (relating to Temporary
License).
(4)
Reapplication for a regular license must be in accordance
with §681.52 of this title.
(b)
Applicants for a regular license that do not hold a temporary
license must apply for licensure in accordance with §681.51 of this title
(relating to General), §681.52 of this title and §681.82 of this
title (relating to Experience Requirements (Internship)).
(c)
(No change.)
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
12, 1999.
TRD-9904170
Anthony P. Picchioni
Chairperson
Texas State Board of Examiners of Professional Counselors
Effective date: August 1, 1999
Proposal publication date: April 9, 1999
For further information, please call: (512) 458-7236
22 TAC §681.111, §681.112
The amendments are adopted under the Licensed Professional
Counselor Act, Texas Civil Statutes Article 4512g, Section 6(e)(2) which provide
the Texas State Board of Examiners of Professional Counselors with the authority
to adopt and revise rules that are necessary to administer the Licensed Professional
Counselor Act and the General Appropriations Act, House Bill 1, Article IX,
Rider 167, passed by the 75th Legislature, is implemented by this adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
12, 1999.
TRD-9904171
Anthony P. Picchioni
Chairperson
Texas State Board of Examiners of Professional Counselors
Effective date: August 1, 1999
Proposal publication date: April 9, 1999
For further information, please call: (512) 458-7236
22 TAC §§681.121-681.124, 681.126, 681.128
The amendments are adopted under the Licensed Professional
Counselor Act, Texas Civil Statutes Article 4512g, Section 6(e)(2) which provide
the Texas State Board of Examiners of Professional Counselors with the authority
to adopt and revise rules that are necessary to administer the Licensed Professional
Counselor Act and the General Appropriations Act, House Bill 1, Article IX,
Rider 167, passed by the 75th Legislature, is implemented by this adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
12, 1999.
TRD-9904172
Anthony P. Picchioni
Chairperson
Texas State Board of Examiners of Professional Counselors
Effective date: August 1, 1999
Proposal publication date: April 9, 1999
For further information, please call: (512) 458-7236
22 TAC §§681.172-681.178
The amendments are adopted under the Licensed Professional
Counselor Act, Texas Civil Statutes Article 4512g, §6(e)(2) which provide
the Texas State Board of Examiners of Professional Counselors with the authority
to adopt and revise rules that are necessary to administer the Licensed Professional
Counselor Act and the General Appropriations Act, House Bill 1, Article IX,
Rider 167, passed by the 75th Legislature, is implemented by this adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
12, 1999.
TRD-9904162
Anthony P. Picchioni
Chairperson
Texas State Board of Examiners of Professional Counselors
Effective date: August 1, 1999
Proposal publication date: April 9, 1999
For further information, please call: (512) 458-7236
22 TAC §681.192, §681.196
The amendments are adopted under the Licensed Professional
Counselor Act, Texas Civil Statutes Article 4512g, §6(e)(2) which provide
the Texas State Board of Examiners of Professional Counselors with the authority
to adopt and revise rules that are necessary to administer the Licensed Professional
Counselor Act and the General Appropriations Act, House Bill 1, Article IX,
Rider 167, passed by the 75th Legislature, is implemented by this adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
12, 1999.
TRD-9904163
Anthony P. Picchioni
Chairperson
Texas State Board of Examiners of Professional Counselors
Effective date: August 1, 1999
Proposal publication date: April 9, 1999
For further information, please call: (512) 458-7236
22 TAC §§681.251-681.256
The new sections are adopted under the Licensed Professional
Counselor Act, Texas Civil Statutes Article 4512g, Section 6(e)(2) which provide
the Texas State Board of Examiners of Professional Counselors with the authority
to adopt and revise rules that are necessary to administer the Licensed Professional
Counselor Act and the General Appropriations Act, House Bill 1, Article IX,
Rider 167, passed by the 75th Legislature, is implemented by this adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
12, 1999.
TRD-9904164
Anthony P. Picchioni
Chairperson
Texas State Board of Examiners of Professional Counselors
Effective date: August 1, 1999
Proposal publication date: April 9, 1999
For further information, please call: (512) 458-7236
Chapter 831.
Midwifery
The Texas Midwifery Board (board) adopts new §§831.1-831.3,
831.7, 831.51, 831.111, 831.121, 831.131, and 831.141 concerning the regulation
of midwives. Sections 831.2, 831.51, and 831.121 are adopted with changes
to the proposed text as published in the March 5, 1999 issue of the
The sections cover introduction; definitions; the Midwifery Board; petition
for the adoption of a rule; midwifery practice standards and principles; eye
prophylaxis; newborn screening; informed choice and disclosure statement;
and the provision of support services. The board is authorized by the Texas
Midwifery Act (the Act), Texas Civil Statutes, Article 4512i, §8A(b),
to adopt rules concerning documentation of midwives; standards for approval
of midwifery education courses, instructors, and facilities; standards for
midwifery practice; basic and continuing midwifery education requirements;
reporting and processing complaints; disciplinary procedures; procedures for
reciprocity for initial documentation; and any additional rules necessary
to implement any duty imposed on the board by the Act, subject to the approval
of the Texas Board of Health. The new sections are necessary for the limited
purpose of locating all rules governing the documentation and regulation of
midwives in 22 TAC Chapter 831, based on the Midwifery Board's increased rulemaking
and enforcement authority. The rules were located in 25 Texas Administrative
Code (TAC), and the Texas Board of Health adopted the repeal of 25 TAC §§37.171-37.174,
37.176-37.177, 37.179, 37.181-37.185 in order that the new sections may be
adopted by the Texas Midwifery Board, which will be listed as an independent
board under 22 TAC. The repeal of 25 TAC §§37.171-37.174, 37.176-37.177,
37.179, 37.181-37.185 can be found in this same issue of the
Texas Register
in the adopted rules section.
Changes made to the proposed text result from comments received during
the comment period. The following changes were due to staff comments.
Change: Concerning §§831.2 and 831.51, minor editorial changes
such as grammar and punctuation were made for clarification purposes.
Change: Concerning §831.121(a), the cite for §§37.51 - 37.69
was corrected from 22 Texas Administrative Code (TAC) to 25 TAC.
The following comments were received concerning the proposed sections.
Following each comment is the board's response and any resulting change(s).
Comment: Concerning §831.2(5), one commenter stated that the definition
of "certified nurse-midwife" should be amended as follows: "A registered nurse
licensed in Texas, recognized by the Board of Nurse Examiners as an advanced
practice nurse, and certified by the American College of Nurse-Midwives or
the ACNM Certification Council."
Response: The board disagrees. The definition of "certified nurse-midwife"
proposed for final adoption and the definition in the Act, §1(c)(5),
are identical. No change was made as a result of this comment.
Comment: Concerning §831.2(14), one commenter stated that the definition
of "midwifery" should be amended as follows: "The practice by a midwife or
certified nurse-midwife of giving the necessary supervision, care, and advise
to a woman during normal pregnancy, labor and the postpartum period; conducting
a normal delivery of a child; and providing newborn care."
Response: The board disagrees. The definition of "midwifery" proposed for
final adoption is the same as that in the Act, §1(c)(2). In addition,
§2 of the Act states that its provisions do not apply to certified nurse-midwives.
No change was made as a result of this comment.
Comment: Concerning §831.51(b), one commenter stated that midwives
should be allowed to refer clients to "a licensed health care provider with
current obstetric/pediatric knowledge" rather than only to "a licensed physician
or licensed health care provider working under the supervision of a physician".
The commenter's stated intent is to include certified nurse-midwives working
within their scope of practice; i.e., in collaboration with but not under
the supervision of a physician, as appropriate health care providers for consultation
or referral.
Response: Section 831.51 is being adopted by the board at this time without
change from the original 25 TAC §37.185 for the limited purpose of locating
all rules governing the documentation and regulation of midwives in 22 TAC
Chapter 831. Chapter 831 will contain the rules adopted by the board with
approval of the Board of Health as allowed by the Midwifery Act, Texas Civil
Statutes, Article 4512i, (Act). 25 TAC Chapter 37 will no longer contain any
rules adopted under the Act. Those Board of Health rules are being repealed
in this same issue of the Texas Register in the Adopted Rules section. The
board anticipates substantive review and possible revision of §831.51
in the future, and this comment will be retained for consideration at that
time. No change was made as a result of this comment.
The comments on the proposed rules were submitted by the Consortium of
Texas Certified Nurse-Midwives. The comments were neither for nor against
the rules in their entirety; however, they raised questions, offered comments
for clarification purposes, and suggested clarifying language concerning specific
provisions in the rules.
Subchapter A. The Board
Subchapter C. Codes of Ethics
Subchapter D. Application Procedures
Subchapter E. Academic Requirements for Examination and Licensure
Subchapter F. Experience Requirements for Examination and Licensure
Subchapter G. Licensure Examinations
Subchapter H. Licensing
Subchapter I. Regular License Renewal and Inactive and Retirement Status
Subchapter K. Continuing Education Requirements
Subchapter L. Complaints and Violations
Subchapter N. Schedule of Sanctions
Part XXXVIII.
Texas Midwifery Board