TITLE examining-boards

Part III. Texas Board of Chiropractic Examiners

Chapter 78. Chiropractic Radiologic Technologists

22 TAC §78.1

The Texas Board of Chiropractic Examiners proposes amendments to §78.1(c) and (e), regarding Registration of Chiropractic Radiologic Technologists (CRTs). At present, §78.1 requires CRTs to renew annually their registration with the board. As part of the renewal, a CRT must provide proof of six hours of continuing education. Beginning January 1, 2000, the board proposes to change the renewal period from an annual basis to an every two year or biennial basis, with a continuing education requirement of 12 hours every two years. For the remainder of 1999, registration, renewal and continuing education reporting will remain on an annual basis.

Cindy Palmer, Financial Officer, Texas Board of Chiropractic Examiners, has determined that for the first five-year period the section as amended is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the section as amended.

Dr. Cynthia Vaughn, D.C., Chair, Technical Standards Committee, has determined that for each year of the first five years, the section as amended is in effect, the public benefit anticipated as a result of enforcing and administering the section as amended will be greater uniformity and consistency with the Texas Department of Health's (TDH) registration and continuing education program for radiologic technicians. With the same deadlines and reporting periods as TDH, it is anticipated that CRT's will be provided a greater choice of seminars, in number and subject matter, which in turn will provide better training opportunities which will inure to the benefit of the public. There are no probable economic costs to persons required to comply with the rule. The annual cost of registration will remain the same even though it will be collected on a biennial basis; likewise, CRTs will experience no increase in the number of continuing education hours, or corresponding increase in the cost of those hours.

Comments may be submitted to Joyce Kershner, Rules Committee, Texas Board of Chiropractic Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, Texas, 78701.

The amendment is proposed under Texas Civil Statutes, Article 4512b, §§4(c), 4a, which the board interprets as authorizing it to adopt rules necessary for the performance of its duties, the regulation of the practice of chiropractic, and the enforcement of the act, and §14b, which the board interprets as authorizing it to establish a program of continuing education for CRTs in the use of x-ray in conformity with state law and TDH rules and to implement state law relating to radiologic training for employees of a chiropractor.

The following are the statutes, article, or codes affected by the amendment:

§§78.1, 78.2-Texas Civil Statutes, Articles 4512b, §§4(c), 4a, 14b

§78.1.Registration of Chiropractic Radiologic Technologists.

(a)-(b)

(No change.)

(c)

An applicant shall submit his or her application for registration along with the radiologic technologist application fee as provided in §75.7 of this title (relating to Fees), payable to the Texas Board of Chiropractic Examiners by cashier's check or money order. Each CRT shall renew his or her registration biennially on or before January 1 of the next biennial registration period, beginning January 1, 2000. [ On or before January 1 of each year after initial registration, a CRT shall renew his or her registration, ] by submitting a registration application, along with the radiologic technologist application fee, proof of renewal status as provided in subsection (b) of this section and proof of completion of continuing education or enrollment in mandatory training and instruction as provided by subsection (e) of this section.

(d)

(No change.)

(e)

A CRT shall complete 12 [ six ] clock hours of continuing education hours during each biennial renewal period [ each year ] in order to renew his or her registration. The continuing education required by this subsection shall meet the requirements of the rules of the Texas Department of Health relating to continuing education for medical radiologic technologists. No continuing education will be required for any year in which a CRT is enrolled for the mandatory training and instruction program required by 25 TAC §143.17 (concerning mandatory training programs for non-certified technicians).

(f)-(l)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on May 17, 1999.

TRD-9902815

Gary K. Cain, Ed.D.

Executive Director

Texas Board of Chiropractic Examiners

Earliest possible date of adoption: June 27, 1999

For further information, please call: (512) 305-6709


Part XI. Board of Nurse Examiners

Chapter 213. Practice and Procedure

22 TAC §§213.13, 213.17, 213.28, 213.29

The Board of Nurse Examiners proposes amendments to §213.13, concerning Complaint Investigation and Disposition; §213.17, concerning Discovery; §213.28, concerning Licensure of Persons with Criminal Convictions; and §213.29, concerning Criteria and Procedure Regarding Intemperate Use and Lack of Fitness in Eligibility and Disciplinary Matters.

Subsequent to implementation of new Chapter 213 in September 1998, staff identified minor oversights or unintended consequences of the new rule. In addition, there is a significant proposed amendment to §213.29 which removes major depression from the list of reportable mental illnesses.

The amendments would streamline disciplinary case processing. In §213.13, it was not anticipated that this rule preclude the Board from opening its own investigations or receiving TPAPN or TDH referrals without having them fill out a standardized complaint form. Eliminating this requirement would give the BNE more flexibility in accepting proper complaints. In §213.17, the Board wishes to remove reference to Texas Rules of Civil Procedure because the Board's discovery procedures are outlined in the NPA and Administrative Procedures Act. §213.28 should contain similar language to §213.29, allowing the Board to close an eligibility case when an applicant fails to provide requested documentation in a reasonable time frame. The proposed amendment to §213.29 removes a mental health diagnosis which is frequently inappropriately applied and which rarely results in a denial or restrictions.

Katherine A. Thomas, MN, RN, executive director, has determined that for each year of the first five years the rules as amended will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

There will be no effect on local government nor businesses to comply with the rule.

Katherine A. Thomas, MN, RN, executive director, has determined that for each year of the first five years the rule as amended will be in effect the public is assured enhanced protection.

Written comments on the proposed amendments may be submitted to Katherine A. Thomas, MN, RN, Board of Nurse Examiners, P.O. Box 430; Austin, Texas 78767-0430.

The amendments are proposed under the Nursing Practice Act, (Texas Civil Statutes, Article 4514), §1, which provides the Board of Nurse Examiners with the authority and power to make and enforce all rules and regulations necessary for the performance of its duties and conducting of proceedings before it and article 4525(a) which permits the Board to refuse to issue or renew a license.

The amendments affect Texas Revised Civil Statutes Annotated Articles 4519a, 4524, 4525, 4525.2, 4525.6 and 4525a.

§213.13. Complaint Investigation and Disposition.

(a)

Complaints shall be submitted to the board in writing and may [ shall ] be made [ in writing ] on the agency's complaint form as described in §213.1 of this title (relating to Definitions, "Complaint forms"). Complainants shall be invited to explain their allegations.

(b)-(e)

(No change.)

§213.17. Discovery.

(a)

Parties to administrative proceedings shall have reasonable opportunity and methods of discovery described in the Texas Administrative Procedures Act, (APA) Chapter 2001, Texas Government Code; and the Texas Nursing Practice Act (NPA), Texas Civil Statutes, Article 4513, et seq. [ Rules of Civil Procedure. ] Matters subject to discovery are limited to those which are relevant and material to issues within the Board's authority as set out in the NPA . [ , Texas Civil Statutes, Article 4513, et seq. ] Subject to prior agreement of parties or unless explicitly stated in Board rules, responses to discovery requests, except for notices of depositions, shall be made within 20 days of receipt of the request.

(b)

(No change.)

§213.28. Licensure of Persons with Criminal Convictions.

(a)-(g)

(No change.)

(h)

With respect to a request to obtain a license from a person who has a criminal history, the executive director is authorized to close an eligibility file when the applicant has failed to respond to a request for information or to a proposal for denial of eligibility within 60 days thereof.

§213.29. Criteria and Procedure Regarding Intemperate Use and Lack of Fitness in Eligibility and Disciplinary Matters.

(a)

A person desiring to obtain or retain a license to practice professional nursing shall provide evidence of current sobriety and fitness.

(b)

Such person shall provide a sworn certificate to the Board stating that he/she has read and understands the requirements for licensure as a registered nurse and that he/she has not:

(1)

within the past five years, become addicted to or treated for the use of alcohol or any other drug; or

(2)

within the past five years, been diagnosed with, treated or hospitalized for schizophrenia and/or other psychotic disorders, [ major depression, ] bi-polar disorder, paranoid personality disorder, antisocial personality disorder or borderline personality disorder.

(c)-(j)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on May 12, 1999.

TRD-9902727

Katherine A. Thomas, MN, RN

Executive Director

Board of Nurse Examiners

Earliest possible date of adoption: June 27, 1999

For further information, please call: (512) 305-6816


Part XXI. Texas State Board of Examiners of Psychologists

Chapter 463. Applications

22 TAC §§463.1-463.3, 463.6-463.11, 463.13-463.18, 463.20-463.28, 463.32

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas State Board of Examiners of Psychologists or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas State Board of Examiners of Psychologists proposes the repeal of §§463.1-463.3, 463.6-463.11, 463.13-463.18, 463.20-463.28, and 463.32, concerning Applications. The repeals are being proposed in order to reorganize the rules of the Board.

Sherry L. Lee, Executive Director, has determined that for the first five-year period the repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeals.

Ms. Lee also has determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of enforcing the repeals will be to make the rules easier for licensees and the general public to follow and understand. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeals as proposed.

Comments on the proposals may be submitted by July 15,1999, to Janice C. Alvarez, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas 78701, (512) 305-7700.

The repeals are proposed under Texas Civil Statutes, Article 4512c, which provides the Texas State Board of Examiners of Psychologists 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.

The proposed repeals do not affect other statutes, articles, or codes.

§463.1. Qualifications of Subdoctoral Candidate.

§463.2. Maximum Number of Dissertation Credit Hours.

§463.3. Date of Degree.

§463.6. Supervised Experience Required for Licensure as a Psychologist.

§463.7. Temporary Licensure Requirements for Applicants Seeking Permanent Licensure as Psychologists or Psychological Associates.

§463.8. Educational Requirements for the Licensed Psychological Associate.

§463.9. Course Work for Subdoctoral Licensure.

§463.10. Required Written Examinations Administered by the Board.

§463.11. Failure to Appear for Examination.

§463.13. Failing Written/Oral Examination.

§463.14. Cutoff Scores.

§463.15. Examinations in Other States.

§463.16. Degree Requirements for Certification of Psychologists.

§463.17. Foreign Graduates.

§463.18. Time Period for Appealing a Decision.

§463.20. Regionally Accredited Institutions.

§463.21. Doctoral Applicants Taking Exam at Master's Level.

§463.22. Applicants Having Taken the Professional Examination.

§463.23. Oral Exam Requirement.

§463.24. Employment Settings for Applicants.

§463.25. Criteria for Examination Consultants.

§463.26. Disclosure of Examination Information.

§463.27. Board Members as Reviewers of Examinations.

§463.28. Time Limit on Exam Failures.

§463.32. Licensed Specialist in School Psychology, Requirements for Licensure.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on May 14, 1999.

TRD-9902792

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: June 27, 1999

For further information, please call: (512) 305-7700


Chapter 463. Applications and Examinations

22 TAC §§463.1-463.3, 463.6, 463.8-463.12, 463.14-463.19, 463.21, 463.23, 463.25, 463.27, 463.30

The Texas State Board of Examiners of Psychologists proposes new §§463.1-463.3, 463.6, 463.8-463.12, 463.14-463.19, 463.21, 463.23, 463.25, 463.27, and 463.30, concerning Applications and Examinations. The chapter name has changed from Applications to Applications and Examinations. The new rules are being proposed in order to reorganize and clarify the rules of the Board.

Sherry L. Lee, Executive Director, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Ms. Lee also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be to make the rules easier for licensees and the general public to follow and understand. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed.

Comments on the proposals may be submitted by July 15, 1999, to Janice C. Alvarez, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas 78701, (512) 305-7700.

The new rules are proposed under Texas Civil Statutes, Article 4512c, which provides the Texas State Board of Examiners of Psychologists 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.

The proposed new rules do not affect other statutes, articles, or codes.

§463.1. Types of Licensure.

The Board accepts applications for four types of licenses to practice psychology in the state of Texas:

(1)

Licensed Psychological Associate. This is a subdoctoral license for qualified individuals to practice psychology under the supervision of a licensed psychologist. Requirements for the psychological associate license are found in §463.8 of this title (relating to Licensure as a Psychological Associate) and §463.14 of this title (relating to Written Examinations).

(2)

Licensed Specialist in School Psychology. This license is required by law for the practice of school psychology in the public schools of Texas. Requirements for the specialist in school psychology license are found in §463.9 of this title (relating to Licensure as a Specialist in School Psychology) and §463.14 of this title.

(3)

Provisionally Licensed Psychologist. This is a doctoral level license to practice psychology under the supervision of a licensed psychologist. This license is a prerequisite for licensure as a psychologist. Requirements for provisionally licensed psychologist are found in §463.10 of this title (relating to Provisionally Licensed Psychologist) and §463.14 of this title.

(4)

Licensed Psychologist. This is a doctoral level license for the independent practice of psychology. It is obtained by two means:

(A)

Obtaining provisional licensure as a psychologist, completing the required two years of supervised experience and taking and passing the required oral exam. Requirements for licensure as a psychologist are found in §463.11 of this title (relating to Licensed Psychologist), §463.14 of this title, and §463.15 of this title (relating to Oral Exam).

(B)

Applying from a jurisdiction which holds a reciprocity agreement with Texas, meeting the Board's requirements for licensure by reciprocity, and passing the Board's Jurisprudence Exam. Criteria for reciprocity jurisdictions are listed in §463.29 of this title (relating to Reciprocity Requirements). Requirements for licensure as a psychologist by means of reciprocity are found in §463.12 of this title (relating to Licensed Psychologist by Reciprocity) and §463.14 of this title.

§463.2. Application Process.

Applications for licensure are processed in the following manner:

(1)

An individual requests the application packet for the type of licensure desired and includes the fee for the Board to send the application packet. No applicant can have more than one application pending before the Board at one time, with the exception of the licensed specialist in school psychology application.

(2)

An applicant submits the completed application form, any other information required by the Board, and the application filing fee. An application which contains an incorrect fee amount or which does not include the information required to be submitted must be returned to the applicant. The responsibility of ensuring a complete application resides with the applicant. The application packet will contain a checklist which should be followed carefully. An incomplete application remains in the active file for 90 days, at the end of which time, if still incomplete, it is void. If licensure is sought again, a new application and filing fee must be submitted.

(3)

Applications which contain all required information are reviewed by the Board at a regularly scheduled Board meeting to determine if the applicants are eligible to sit for the examinations.

(4)

Once an applicant is reviewed by the Board, the applicant receives a letter from the Board approving or denying the applicant to sit for the examinations. If the letter indicates the applicant is approved, the applicant may then submit an examination application and the appropriate fees for any required examinations.

(5)

After sitting for examination(s), an applicant is informed in writing of the results of the examination(s). An applicant who has passed the examination(s) is informed in writing that the applicant has been licensed.

§463.3. Applicants with Pending Complaints.

For any applicant against whom a complaint is filed with this Board, any final decision on the application will be held in abeyance until the Board has made a final determination on the complaint filed. If the complaint is not resolved within 180 days after an application has been held in abeyance, the Board shall review the complaint and make a determination as to whether to issue the license notwithstanding the complaint. In making the determination, the Board shall consider any relevant factor, including the potential for harm to the public if the license is granted, and the nature and severity of the allegations. The applicant will be permitted to take all required exams as scheduled but will not be licensed until approved by the Board.

§463.6. Regionally Accredited Institutions.

A regionally accredited educational institution stated in §§11b, 19 and 22a(3) of the Act is defined as an educational institution which satisfies the standards of the accrediting association in one of the following six regions throughout the United States:

(1)

Southern Association of Colleges and Schools

(2)

Western Association of Schools and Colleges

(3)

Northwest Association of Schools and Colleges

(4)

North Central Association of Colleges and Schools

(5)

New England Association of Schools and Colleges

(6)

Middle States Association of Colleges and Schools

§463.8. Licensed Psychological Associate.

(a)

Application Requirements. A completed application for licensure as a psychological associate includes, in addition to the requirements set forth in §463.5 of this title (relating to Application File Requirements), documentation of four hundred and fifty clock hours of practicum internship, or experience in psychology, in not more than two placements, supervised by a licensed psychologist.

(b)

Qualifications. A subdoctoral candidate for licensure as a psychological associate shall meet the qualifications and requirements of candidates at the doctoral level as stated in §11(d) of the Act.

(c)

Educational Requirements. The Board requires a master's degree which is primarily psychological in nature of at least forty-two semester credit hours for subdoctoral licensure. Of these forty-two hours, at least twenty-seven graduate level semester credit hours (exclusive of practicum) must have been in psychology. Six semester credit hours of thesis credit in a department of psychology may be counted toward these twenty-seven semester credit hours. Four hundred and fifty clock hours of practicum, internship, or experience in psychology, in not more than two placements, supervised by a licensed psychologist, must be completed before the written exam may be taken. No experience which is obtained from a psychologist who is related within the second degree of affinity or within the second degree by consanguinity to the person may be considered for psychological associate licensure. Applicants who have a master's degree in psychology conferred from a psychology program in a regionally accredited educational institution, and who have not satisfied the Board's requirements, will be given an opportunity to satisfy the current requirements of the Board. Requirements include:

(1)

enrollment in a regionally accredited college or university in a formal master's or doctoral degree program in psychology;

(2)

completion of a maximum of an additional twelve semester hours of course work to satisfy the Board's requirement of forty-two;

(3)

submission of a letter from the official in charge of the psychology program offering the additional course work stating that the applicant's graduate degree in psychology, with this additional prescribed course work, is equivalent to a forty-two-hour master's degree in psychology from that program; and

(4)

submission of a transcript from the educational institution.

(d)

Coursework. The application for licensure as a psychological associate shall include course titles and the names of instructors. If questions exist as to the content of course work, the Board may require the applicant to furnish a catalogue of the university or college where the courses were taken and the addresses of instructors.

§463.9. Licensed Specialist in School Psychology.

(a)

Application Requirements. A completed application for licensure as a specialist in school psychology includes the following, in addition to the requirements set forth in §463.5 of this title (relating to Application File Requirements):

(1)

Documentation of an appropriate graduate degree; and

(2)

Documentation from the National School Psychologists' Certification Board sent directly to the Board indicating the applicant holds current valid certification as a National Certified School Psychologist; or

(3)

Documentation of the following sent directly to the Board:

(A)

transcripts that verify that the applicant has met the requirements set forth in subsection (b) of this section;

(B)

proof of the internship required by subsection (c) of this section if the applicant did not graduate from either a training program approved by the National Association of School Psychologists or a training program in school psychology accredited by the American Psychological Association; and

(C)

the score that the applicant received on the School Psychology Examination sent directly from the Education Testing Service.

(D)

three acceptable reference letters from three different individuals who are licensed as psycholgists or specialists in school psychology or are credentialed in school psychology in their respective jurisdictions.

(b)

Training Qualifications. Candidates for licensure as a specialist in school psychology who hold a currently valid National Certified School Psychologist (NCSP) certification or who have graduated from a training program approved by the National Association of School Psychologists or accredited in School Psychology by the American Psychological Association will be considered to have met the training qualifications. All other applicants must have completed a graduate degree in psychology from a regionally accredited academic institution, and have completed at least 60 graduate level semester credit hours, also from a regionally accredited academic institution, no more than 12 of which may be internship hours. All 60 hours do not have to be obtained prior to the conferral of the graduate degree and the applicant need not be formally enrolled in a psychology program to obtain graduate hours after the degree date. For purposes of this rule, a graduate degree in psychology means the name of the candidate's major or program of studies must be titled psychology. These applicants must submit evidence of graduate level coursework as follows:

(1)

Psychological Foundations; including:

(A)

biological bases of behavior;

(B)

human learning;

(C)

social bases of behavior;

(D)

multi-cultural bases of behavior;

(E)

child or adolescent development;

(F)

psychopathology or exceptionalities;

(2)

Research and Statistics;

(3)

Educational Foundations; including:

(A)

instructional design;

(B)

organization and operation of schools;

(4)

Assessment; including:

(A)

psychoeducational assessment;

(B)

socio-emotional, including behavioral and cultural, assessment;

(5)

Interventions; including:

(A)

counseling

(B)

behavior management

(C)

consultation

(6)

Professional, Legal and Ethical Issues; and

(7)

A Practicum

(c)

Completion of internship or experience. Applicants must have completed a minimum of 1200 hours, of which 600 must be in a public school. The internship or experience in the public school must be supervised by an individual qualified in accordance with §465.38 of this title (relating to Psychological Services in the Schools). Internship or experience which is not obtained in a public school must be supervised by a licensed psychologist. No experience with a supervisor who is related within the second degree of affinity or within the second degree by consanguinity to the person, or is under Board disciplinary order, may be considered for specialist in school psychology licensure. Internships may not involve more than two sites (a school district is considered one site) and may be obtained in not less than one or more than three academic years. These individuals must be designated as interns. Direct, systematic supervision must involve a minimum of one face-to-face contact hour per week or two consecutive face-to-face contact hours once every two weeks with the intern. The internship must include direct intern application of assessment, intervention, behavior management, and consultation, for children representing a range of ages, populations and needs.

(d)

Additional Requirements. In addition to the requirements of subsections (a) through (c) of this section, applicants for licensure as a specialist in school psychology must meet the requirements imposed under §11(d) of the Psychologists' Licensing Act.

(e)

Examinations. Applicants must take the National School Psychology Examination administered by the Educational Testing Service and obtain at least the current cut-off score for the NCSP before applying for the licensed specialist in school psychology. Following Board approval, an applicant for licensure as a specialist in school psychology must take and pass the Board's Jurisprudence Examination.

(f)

Trainee Requirements. An applicant for the specialist in school psychology license who meets all requirements, prior to taking and passing the Jurisprudence examination, may, in accordance with §465.38(4) of this title (relating to Psychological Services in the Schools), practice under supervision as a trainee for up to one calendar year.

§463.10. Provisionally Licensed Psychologist.

(a)

Application Requirements. An application for provisional licensure as a psychologist includes, in addition to the requirements set forth in §463.5 of this title (relating to Application File Requirements), an official transcript which indicates that the applicant has received a doctoral degree in psychology. Additionally, the applicant must meet the requirements of §11 of the Psychologists' Licensing Act.

(b)

Degree Requirements.

(1)

The applicant's transcript must state that the applicant has a doctoral degree that designates a major in psychology. Additionally, the doctoral degree must be from a regionally accredited institution.

(2)

The substantial equivalence of a doctoral degree received prior to January 1, 1979, based upon a program of studies whose content is primarily psychological means a doctoral degree based on a program which meets the following criteria:

(A)

Post-baccalaureate program in a regionally accredited institution of higher learning. The program must have a minimum of ninety semester hours, not more than twelve of which are credit for doctoral dissertation and not more than six of which are credit for master's thesis.

(B)

The program, wherever it may be administratively housed, must be clearly identified and labeled. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists.

(C)

The program must stand as a recognizable, coherent organizational entity within the institution. A program may be within a larger administrative unit, e.g., department, area, or school.

(D)

There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines. The program must have identifiable faculty and administrative heads who are psychologists responsible for the graduate program. Psychology faculty are individuals who are licensed or provisionally licensed or certified psychologists, or diplomates of the American Board of Professional Psychology, or hold a doctoral degree in psychology from a regionally accredited institution.

(E)

The program must be an integrated, organized sequence of studies, e.g., there must be identifiable curriculum tracks wherein course sequences are outlined for students.

(F)

The program must have an identifiable body of students who matriculated in the program.

(G)

The program must include supervised practicum, internship, field or laboratory training appropriate to the practice of psychology. The supervised field work or internship must have been a minimum of 1,500 supervised hours, obtained in not less than a twelve month period nor more than a twenty-four month period. Further, this requirement cannot have been obtained in more than two placements or agencies.

(H)

The curriculum shall encompass a minimum of two academic years of full-time graduate studies for those persons who have enrolled in the doctoral degree program after completing the requirements for a master's degree. The curriculum shall encompass a minimum of four academic years of full-time graduate studies for those persons who have entered a doctoral program following the completion of a baccalaureate degree and prior to the awarding of a master's degree. It is recognized that educational institutions vary in their definitions of full-time graduate studies. It is also recognized that institutions vary in their definitions of residency requirements for the doctoral degree.

(I)

The following curricular requirements must be met and demonstrated through appropriate course work:

(i)

Scientific and professional ethics related to the field of psychology.

(ii)

Research design and methodology, statistics.

(iii)

The applicant must demonstrate competence in each of the following substantive areas. The competence standard will be met by satisfactory completion at the B level of a minimum of six graduate semester hours in each of the four content areas. It is recognized that some doctoral programs have developed special competency examinations in lieu of requiring students to complete course work in all core areas. Graduates of such programs who have not completed the necessary semester hours in these core areas must submit to the Board evidence of competency in each of the four core areas.

(I)

Biological basis of behavior: physiological psychology, comparative psychology, neuropsychology, sensation and perception, psycho-pharmacology.

(II)

Cognitive-affective basis of behavior: Learning, thinking, motivation, emotion.

(III)

Social basis of behavior: social psychology, group processes, organizational and system theory.

(IV)

Individual differences: personality theory, human development, abnormal psychology.

(J)

All educational programs which train persons who wish to be identified as psychologists will include course requirements in specialty areas. The applicant must demonstrate a minimum of twenty-four hours in his/her designated specialty area.

(3)

Any person intending to apply for provisional licensure under the substantial equivalence clause must file with the Board an affidavit showing:

(A)

Courses meeting each of the requirements noted in paragraph (2) of this subsection above verified by official transcripts;

(B)

Information regarding each of the instructors in the courses submitted as substantially equivalent;

(C)

Appropriate, published information from the university awarding the degree, demonstrating that criteria one through ten above have been met.

§463.11. Licensed Psychologist.

(a)

Application Requirements by Provisional Licensure. This application is provided free of charge to the applicant who has taken the oral examination. Upon passage of the oral examination, the applicant may submit the licensed psychologist application. An application for licensure as a psychologist includes, in addition to the requirements set forth in §463.5(1) of this title (relating to Application File Requirements):

(1)

Documentation of current licensure as a provisionally licensed psychologist in good standing.

(2)

Documentation indicating passage of the Board's Oral Examination.

(3)

Documentation of two years of supervised experience from a licensed psychologist which satisfies the requirements of the Board.

(b)

Degree Requirements. The degree requirements for licensure as a psychologist are the same as for provisional licensure as stated in §463.10 of this title (relating to Provisionally Licensed Psychologist).

(c)

Supervised Experience. In order to qualify for licensure, a psychologist must submit proof of two years of supervised experience, at least one year of which must have been received after the doctoral degree was officially conferred or completed, whichever is earliest, as shown on the official transcript, and at least one year of which must have been a formal internship. The formal internship year may be met either before or after the doctoral degree is conferred or completed. Supervised experience must be obtained in a minimum of two, and no more than three, calendar years, for full-time experience.

(1)

General. All supervised experience for licensure as a psychologist, including the formal internship, must meet the following requirements:

(A)

Experience may be obtained only in either a full-time or half-time setting.

(B)

A year of full-time supervised experience is defined as a minimum of 35 hours per week employment/experience in not less than twelve consecutive calendar months in not more than two placements.

(C)

A year of half-time supervised experience is defined as a minimum of 20 hours per week employment/experience in not less than 24 consecutive calendar months in not more than two placements.

(D)

A year of full-time experience may be acquired through a combination of half-time and full-time employment/experience provided that the equivalent of a full-time year of supervision experience is satisfied.

(E)

One calendar year from the beginning of ten consecutive months of employment/experience in an academic setting constitutes one year of experience.

(F)

When supervised experience is interrupted, the Board may waive in accordance with established Board policy, upon a showing of good cause by the supervisee, the requirement that the supervised experience be completed in consecutive months.

(G)

A rotating internship organized within a doctoral program is considered to be one placement.

(H)

The experience requirement must be obtained after official enrollment in a doctoral program.

(I)

All supervised experience must be received from a psychologist licensed at the time supervision is received.

(J)

The supervising psychologist must be trained in the area of supervision provided to the supervisee.

(K)

No experience which is obtained from a psychologist who is related within the second degree of affinity or within the second degree by consanguinity to the person may be considered.

(L)

All supervised experience obtained for the purpose of licensure must be conducted in accordance with all applicable Board rules in effect during the supervision experience regardless of setting.

(M)

Experience received from a psychologist while the psychologist is practicing subject to an Agreed Board Order or Board Order shall not, under any circumstances, qualify as supervised experience for licensure purposes regardless of the setting in which it was received. Psychologists who become subject to an Agreed Board Order or Board Order shall inform all supervisees of the Agreed Board Order or Board Order and assist all supervisees in finding appropriate alternate supervision.

(N)

The supervisee shall be designated by a title that clearly indicates a supervisory licensing status such as "intern," "resident," "trainee," or "fellow." An individual who is a provisionally licensed psychologist may use this title so long as those receiving psychological services are clearly informed that the individual is under the supervision of a licensed psychologist.

(O)

The supervisee and supervisor must clearly inform those receiving psychological services as to the supervisory status of the individual and how the patient or client may contact the supervising licensed psychologist directly.

(2)

Formal Internship. At least one year of experience must be satisfied by one of the following types of formal internship:

(A)

The successful completion of an internship program accredited by the American Psychological Association; or

(B)

The successful completion of an organized internship meeting all of the following criteria:

(i)

It must constitute an organized training program which is designed to provide the intern with a planned, programmed sequence of training experiences. The primary focus and purpose of the program must be to assure breadth and quality of training.

(ii)

The internship agency must have a clearly designated staff psychologist who is responsible for the integrity and quality of the training program and who is actively licensed/certified by the licensing board of the jurisdiction in which the internship takes place and who is present at the training facility for a minimum of 20 hours a week.

(iii)

The internship agency must have two or more full-time equivalent licensed psychologists on the staff as primary supervisors.

(iv)

Internship supervision must be provided by a staff member of the internship agency or by an affiliate of that agency who carries clinical responsibility for the cases being supervised.

(v)

The internship must provide training in a range of assessment and intervention activities conducted directly with patients/clients.

(vi)

At least 25% of trainee's time must be in direct patient/client contact (minimum 375 hours).

(vii)

The internship must include a minimum of two hours per week (regardless of whether the internship was completed in one year or two) of regularly scheduled formal, face-to-face individual supervision. There must also be at least two additional hours per week in learning activities such as: case conferences involving a case in which the intern was actively involved; seminars dealing with psychology issues; co-therapy with a staff person including discussion; group supervision; additional individual supervision.

(viii)

Training must be post-clerkship, post-practicum and post-externship level.

(ix)

The internship agency must have a minimum of two full-time equivalent interns at the internship level of training during applicant's training period.

(x)

The internship level psychology trainees must have titles such as "intern", "resident", "fellow", or other designation of trainee status.

(xi)

The internship agency must have a written statement or brochure which describes the goals and content of the internship, stated clear expectations for quantity and quality of trainee's work and must be made available to prospective interns.

(xii)

Consortia may be created if they follow the guidelines of the current American Psychological Association Committee on Accreditation Handbook; or

(C)

The successful completion of an organized internship program in a school district meeting the following criteria:

(i)

The internship experience must be provided at or near the end of the formal training period.

(ii)

The internship experience must occur on a full-time basis over a period of one academic year, or on a half-time basis over a period of two consecutive academic years.

(iii)

The internship experience must be consistent with a written plan and must meet the specific training objectives of the program.

(iv)

The internship experience must occur in a setting appropriate to the specific training objectives of the program.

(v)

At least 600 clock hours of the internship experience must occur in a school setting and must provide a balanced exposure to regular and special educational programs.

(vi)

The internship experience must occur under conditions of appropriate supervision. Field-based internship supervisors, for the purpose of the internship that takes place in a school setting, must be licensed as a psychologist and, if a separate credential is required to practice school psychology, must have a valid credential to provide psychology in the public schools. The portion of the internship which appropriately may take place in a non-school setting must be supervised by a psychologist.

(vii)

Field-based internship supervisors must be responsible for no more than two interns at any given time. University internship supervisors shall be responsible for no more than twelve interns at any given time.

(viii)

Field-based internship supervisors must provide at least two hours per week of direct supervision for each intern. University internship supervisors must maintain an ongoing relationship with field-based internship supervisors and shall provide at least one field-based contact per semester with each intern.

(ix)

The internship must be memorialized by a written contractual agreement specifying the period of the internship and the training objectives of the program.

(x)

The internship experience must be systematically evaluated in a manner consistent with the specific training objectives of the program.

(xi)

The internship experience must be conducted in a manner consistent with the current legal-ethical standards of the profession.

(xii)

The internship agency must have a minimum of two full-time equivalent interns at the internship level during the applicant's training period.

(xiii)

The internship agency must have the availability of at least two full-time equivalent psychologists as primary supervisors, at least one of whom is employed full time at the agency and is a school psychologist.

(xiv)

Consortia may be created to meet the criteria in this section.

(3)

Industrial/Organizational Requirements. Individuals enrolled in an Industrial/Organizational doctoral degree program are exempt from the formal internship requirement and must complete two full years of supervised experience, at least one of which must be received after the doctoral degree is conferred and both of which must meet the requirements of paragraph (1) of this subsection. Individuals who do not undergo a formal internship pursuant to this paragraph should note that Board rules prohibit a psychologist from practicing in an area in which s/he does not have sufficient training and experience, of which a formal internship year is considered to be an integral requirement.

§463.12. Licensed Psychologist by Reciprocity.

An application for licensure by reciprocity with this Board must include, in addition to the requirements in §463.5 of this title (relating to Application File Requirements:

(1)

If the applicant is providing psychological services in Texas before receiving licensure by the Board, proof that the applicant is exempt from the Act pursuant to §22;

(2)

Documentation that the applicant has been actively licensed and in good standing in the reciprocity jurisdiction for the five years immediately preceding filing application in Texas;

(3)

Proof that the applicant is the identical person to whom the original license was issued;

(4)

Documentation that there is no pending action against the applicant's license in any jurisdiction;

(5)

A sworn statement by the applicant that the applicant has never held any professional license that was suspended, revoked, cancelled, or in any way otherwise restricted.

§463.14. Written Examinations.

(a)

Jurisprudence Examination. All applicants for licensure by the Board are required to pass the Jurisprudence Examination prior to licensure. Applications for licensure by reciprocity may take the Jurisprudence Examination at times mutually agreed upon between them and the Board's office. All other applicants must take the examination at the times regularly scheduled by the Board.

(b)

Examination in School Psychology. Applicants for licensure as a specialist in school psychology must take the National School Psychology Examination administered by the Educational Testing Service and obtain at least the current cut-off score for the NCSP before applying for the Licensed Specialist in School Psychology.

(c)

Examination for Professional Practice in Psychology. All applicants for licensure as a psychological associate, provisional licensure as a psychologist, or licensure as a psychologist are required to pass the Examination for Professional Practice in Psychology (EPPP) prior to the Board granting licenses.

(d)

Applicants Having Taken the Professional Examination. An applicant for licensure who has taken the EPPP in another jusisdiction will not be required to retake the exam provided that:

(1)

the applicant's score satisfied the Board's current minimum acceptable score for licensure; and

(2)

the applicant can demonstrate that he/she has remained professionally involved in psychology; i.e., at least half-time professional employment and/or academic enrollment in a regionally accredited educational institution.

(e)

Doctoral Applicants Taking Exam at Master's Level. An applicant for provisional licensure as a psychologist who has taken the EPPP at the master's level will not be required to retake the exam provided that:

(1)

the applicant's score satisfied the Board's current minimum acceptable score for doctoral level applicants; and

(2)

the applicant can demonstrate that he or she has remained academically and/or professionally involved in psychology.

(f)

Cutoff Scores. The minimum acceptable score for the EPPP is seventy percent (70%) of questions scored for doctoral level licensure applicants and fifty-five percent (55%) of questions scored for masters level licensure applicants. All applicants, both doctoral and masters level, must receive a minimum score of seventy percent (70%) of questions scored on the Board's Jurisprudence Examination. The exam score of applicants for licensure who have already taken the EPPP must satisfy the requirements of the Board as of the date of application to the Board.

(g)

Examinations to be Taken in Other Jurisdictions. A person who presents serious cause and who wishes to take the written examination in another jurisdiction may be permitted to do so after mutual agreement has been obtained between the Texas Board and the statutory board of examiners of psychologists in another jurisdiction. Such examinations must be the same examination used by the Texas Board and must be administered at a regularly scheduled examination by the other jurisdiction's board.

§463.15. Oral Examination.

(a)

Application Requirements. An application for the Oral Exam includes an application form, current passport picture of the applicant and required fee.

(b)

Eligibility. To be eligible for licensure as a psychologist, all provisionally licensed psychologists shall be required to take and pass the oral exam administered by the Board. Only provisionally licensed psychologists may apply to take the oral exam. The Board shall waive this requirement for Diplomates of the American Board of Professional Psychology and for individuals who qualify for licensure under reciprocity.

§463.16. Disclosure of Examination Information.

It is a violation of Board rules for any applicant or licensee to disclose any information about the contents or administration of the Board's examinations that could affect the validity of the examination.

§463.17. Failure to Appear for Examination.

An applicant who fails to appear for the examination after agreeing to do so shall be required to pay for the unused examination. Upon notification by the applicant of good cause, such as medical emergency, the Board may excuse the failure to appear and allow the examination fee to be applied, one time only, toward the next regularly scheduled examination.

§463.18. Failing Written/Oral Examinations.

Applicants who fail the written examination or the oral examination are permitted to take it again by paying another exam fee. If the second examination is failed, the applicant may take it again at the next setting. If the third examination is failed, the applicant must wait a full calendar year before the examination may be taken again. This yearly interval applies to all succeeding applications for the examination. The Board may adjust this requirement a few days to provide flexibility in the Board's scheduling of examinations. In the event of subsequent examinations taken in other jurisdictions, the one year waiting period applies. Split decisions on the Oral Examination are considered as failures.

§463.19. Time Limit on Examination Failures and Passing Scores.

(a)

Applicants must successfully pass all examinations required of them within three years of the first examination date immediately following the date they are approved to sit for each exam. Failure to do so will result in termination of application. The Board may adjust this requirement within 10 days to provide flexibility in the Board's scheduling of examinations.

(b)

For the purpose of fulfilling application requirements for licensure, a passing score on the Board's Jurisprudence examination is valid for only four years, unless the applicant has other active licensure with the Board at the time the application is received by the Board.

§463.21. Board Members as Reviewers of Examinations.

All Board members serve as reviewers of written and oral examination materials and procedures except any member who is him or herself matriculating in a graduate program in psychology or is related within the second degree of affinity or within the second degree of consanguinity to a person who is matriculating in a graduate program in psychology.

§463.23. Criteria for Examination Consultants.

The Board may employ licensed psychologists to act as consultants for purposes of developing and administering the Jurisprudence Examination and the Oral Examination. All such consultants shall be considered as agents of the Board. To be eligible to serve as a consultant for an examination, an individual must:

(1)

Be currently licensed by the Board as a psychologist and must have practiced within his/her area of expertise for the last five years;

(2)

Not be related within the second degree of affinity (marriage) or consanguinity (blood relationship) to an individual who has applied to take the examination;

(3)

Have no restrictions or pending complaints against his/her license; and

(4)

Be approved by the Board.

§463.25. Foreign Graduates.

(a)

Prior to submitting an application for licensure, the potential applicant shall provide the Board with documents and evidence to establish that his/her formal education is equivalent to a masters or doctoral degree, as required by the Psychologists' Licensing Act and Rules and Regulations of the Board, granted by a United States university that is regionally accredited. The registrar of the University of Texas at Austin must certify that, after reviewing the required documentation, the degree is equivalent to a masters or doctoral degree granted from a regionally accredited educational institution. The potential applicant shall provide the Board with the following:

(1)

An original diploma or other certificate of graduation, which will be returned, and a photostatic copy of such a document, which shall be retained.

(2)

A transcript or comparable document of all course work completed.

(3)

A certified translation of all documents submitted in a language other than English.

(4)

Satisfactory evidence of supervised experience.

(5)

Evidence that the doctoral dissertation was primarily psychological in nature. In its discretion, the Board may require an applicant to file a copy of the dissertation itself.

(6)

A statement prepared by the applicant based on the documents referred to in this section, indicating the chronological sequence of studies and research. The format of this statement shall be as comparable as possible to a transcript issued by American universities.

(7)

A check or money order made payable to the University of Texas at Austin to cover the cost of reviewing the required documentation. The fee for this service is set by the University of Texas at Austin.

(b)

After receiving formal notification from the University of Texas at Austin that the potential applicant's formal education is equivalent to a masters or doctoral degree from a regionally accredited educational institution in the United States the Board will notify the potential applicant of the equivalency of his/her academic degree and will then accept a formal application for licensure.

§463.27. Temporary Privileges to Practice Psychology in Texas.

A person licensed as a psychologist and in good standing in another state, may perform psychological services with individuals, groups, or organizations within the State of Texas for a period of time not to exceed 30 days within a calendar year. Persons applying for temporary privileges must apply in writing to the Board at least 30 days prior to the expected working days in Texas. The petition for temporary privileges must include but shall not be limited to psychological services to be performed; the specific dates of the psychological services; and documentation of credentials. Any psychologist granted temporary privileges must abide by the rules and regulations of the Board during the period the privileges are in effect. This rule does not apply to those persons who reside or who are in the process of establishing residence in Texas or who provide psychological services primarily in Texas. This rule cannot be used as an entry or vehicle for entry to licensure in Texas.

§463.30. Time Period for Appealing a Decision.

An applicant has thirty days from the date of Board action to appeal in writing any decision made by the Board concerning his/her application, after which time, the application is null and void. To be considered again, a new application and filing fee must be submitted and the application will be considered as of the date of the new application. If an applicant disputes the decision of the Board concerning an application for licensure, the matter will be referred to the Applications Dispute Committee in accordance with §466.15 of this title (relating to Informal Disposition). An applicant's failure to appear before the Applications Dispute Committee within six months following the request of the Committee for such an appearance will result in the appeal being null and void.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on May 14, 1999.

TRD-9902793

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: June 27, 1999

For further information, please call: (512) 305-7700


22 TAC §463.5, §463.29

The Texas State Board of Examiners of Psychologists proposes amendments to §463.5, and §463.29, concerning Applications and Examinations. The amendments are being proposed in order to reorganize and clarify the rules of the Board.

Sherry L. Lee, Executive Director, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections.

Ms. Lee also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be to make the rules easier for licensees and the general public to follow and understand. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rules as proposed.

Comments on the proposals may be submitted by July 15, 1999, to Janice C. Alvarez, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas 78701, (512) 305-7700.

The amendments are proposed under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists 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.

The proposed amendments do not affect other statutes, articles, or codes.

§463.5. Application File Requirements.

To be complete, an [ An ] application file must [ be complete and ] contain whatever information or examination results the Board requires. [ An incomplete application remains in the active file for 90 days, at the end of which time, if still incomplete, it is void. If licensure is sought again, a new application and filing fee must be submitted. No applicant can have more than one application as described in paragraphs (2), (3) and/or (5) of this section pending before the Board at one time. For any applicant against whom a complaint is filed with this Board, any final decision on the application will be held in abeyance until the Board has made a final determination on the complaint filed. If the complaint is not resolved within 180 days after an application has been held in abeyance, the Board shall review the complaint and make a determination as to whether to issue the license notwithstanding the complaint. In making the determination, the Board shall consider any relevant factor, including the potential for harm to the public if the license is granted, and the nature and severity of the allegations. The applicant will be permitted to take all required exams as scheduled but will not be licensed until approved by the Board. ]

[ (1)

All Applications. ] Unless specifically stated otherwise by Board rule, all applications for licensure [ and certification ] by the Board must contain:

(1)

[ (A) ] An application and required fee(s);

(2)

[ (B) ] Two current passport pictures of the applicant;

(3)

[ (C) ] Official transcripts indicating the date the degree required for licensure was awarded or conferred. Transcripts must be sent directly to the Board's office from all colleges/universities where post-baccalaureate course work was completed;

(4)

[ (D) ] Documentation that applicant has complied with Board Rule §463.14 [ §463.10 ] of this title (relating to [ Required ] Written Examinations [ Administered by the Board ]);

(5)

[ (E) ] Three acceptable reference letters from three different psychologists, two of whom are licensed or were licensed at the time of applicant's training ;

(6)

[ (F) ] Supportive documentation and other materials the Board may deem necessary, including current employment arrangements and the name of all jurisdictions where the applicant currently holds a certificate or license to practice psychology; and

(7)

[ (G) ] A written explanation and/or meeting with the Board or a committee of the Board , prior to final approval, if the application file contains any negative reference letters.

[ (2)

Licensed Psychological Associate. A completed application for licensure as a psychological associate includes, in addition to the requirements set forth in paragraph one of this section, documentation of four hundred and fifty clock hours of practicum internship, or experience in psychology, in not more than two placements, supervised by a licensed psychologist.]

[ (3)

Certified Psychologist. A completed application for certification as a psychologist includes, in addition to the requirements set forth in paragraph one of this section, an official transcript which indicates that the applicant has received a doctoral degree in psychology and meets the requirements of either §11(b) or (c) of the Psychologists' Certification and Licensing Act, for the State of Texas.]

[ (4)

Oral Exam. A completed application for the Oral Exam includes an application, current passport picture of the applicant and required fee.]

[ (5)

Licensed Psychologist. A completed application for licensure as a psychologist includes, in addition to the requirements set forth in paragraph one of this section:]

[ (A)

An official transcript which indicates that the applicant has received a doctoral degree in psychology and meets the requirements of either §11(b) or (c) of the Psychologists' Certification and Licensing Act, for the State of Texas.]

[ (B)

Documentation indicating passage of the Board's Oral Exam.]

[ (C)

Documentation of two years of supervised experience from a licensed psychologist which satisfies the requirements of the Board.]

[ (6)

Licensed Specialist in School Psychology. A completed application for licensure as a specialist in school psychology includes one of the following, in addition to the requirements set forth in paragraph (1) of this section:]

[ (A)

Documentation of an appropriate graduate degree; and]

[ (B)

Documentation from the National School Psychologists' Certification Board sent directly to the Board indicating the applicant holds current valid certification as a National Certified School Psychologist; or]

[ (C)

Documentation of the following sent directly to the Board:]

[ (i)

transcripts that verify that the applicant has met the requirements set forth in §463.32 of this title (relating to Licensed Specialist in School Psychology);]

[ (ii)

proof of the internship required by Board Rule §463.32 of this title (relating to Licensed Specialist in School Psychology) if the applicant did not graduate from either a training program approved by the National Association of School Psychologists or a training program in school psychology accredited by the American Psychological Association; and]

[ (iii)

the score that the applicant received on the School Psychology Examination sent directly from the Education Testing Service.]

[ (7)

Licensure by Reciprocity. A completed application for licensure by reciprocity with this Board must include, in addition to the requirements in paragraph (1) of this section:]

[ (A)

If the applicant is providing psychological services in Texas before receiving licensure by the Board, proof that the applicant is exempt from the Act pursuant to §22, or holds a temporary license;]

[ (B)

Documentation that the applicant has been actively licensed and in good standing in one jurisdiction for the five years immediately preceding filing application in Texas;]

[ (C)

Proof that the applicant is the identical person to whom the original license was issued;]

[ (D)

Documentation that there is no pending action against the applicant's license in any jurisdiction;]

[ (E)

A sworn statement by the applicant that the applicant has never held any professional license that was suspended, revoked, cancelled, or in any way otherwise restricted;]

[ (F)

Three professional reference letters from three separate psychologists, two of whom are licensed, each of whom must attest without reservation to the applicant's professional competence, ethics, and current fitness to practice. An applicant whose file contains any negative reference letters will be asked to provide a written explanation and/or to meet with the Board prior to final approval of the application file;]

[ (G)

If licensed in a foreign country, proof that the requirements of Board Rule §463.17 of this title (relating to Foreign Graduates) have been satisfied.]

[ (8)

Temporary Licensure as a Licensed Psychologist, Provisionally Licensed Psychologist, Licensed Psychological Associate.]

[ (A)

An application file must be complete and contain whatever information or examination results the Board requires. An incomplete application remains in the active file for 90 days at the end of which time, if still incomplete, it is void. If a temporary license is sought again, a new application and filing fee must be submitted. An application for permanent licensure must be on file with the Board.]

[ (B)

A completed application for a temporary license must include, in addition to the requirements stated in paragraph (1) of this section for all applicants:]

[ (i)

a statement which has a notary seal or a state seal from the appropriate psychology licensing agency in another jurisdiction confirming that the applicant has an active license, certificate, or registration and is in good standing with that jurisdiction, and;]

[ (ii)

proof of any other applicable requirement set forth in Board Rule §463.7 of this title (relating to Temporary Licensure Requirements for Applicants Seeking Permanent Licensure as Psychologists or Psychological Associates) sent directly from the appropriate source to the Board.]

[ (9)

Temporary Licensure Requirements for an Applicant Seeking Permanent Licensure as a Licensed Specialist in School Psychology.]

[ (A)

For purposes of §15A, Endorsement, of the Psychologists' Licensing Act, an applicant for temporary licensure as a licensed specialist in school psychology must establish that the requirements for licensing, certification, or registration in the jurisdiction in which the applicant is currently licensed "are substantially equal to those prescribed by this Act" by demonstrating that:]

[ (i)

The jurisdiction requires:]

[ (I)

a doctoral degree from a training program accredited in school psychology by the American Psychological Association or a graduate degree from a training program approved by the National Association of School Psychology (NASP) or a graduate degree in psychology from a regionally accredited institution and completion of at least sixty graduate credit hours that meet the training requirements set forth in §463.32(a) of this title (relating to Licensed Specialist in School Psychology, Requirements for Licensure); and]

[ (II)

the licensee, certificand, or registrant has passed the National School Psychology Exam, at the cut-off score required for licensure in Texas, and;]

[ (ii)

That the license, certificate or registration permits the holder to engage in the independent practice of psychology in a public school in that jurisdiction.]

[ (B)

In addition to establishing that the jurisdiction in which the applicant is currently licensed, certified, or registered meets the criteria set forth in subparagraph (A) of this paragraph, an applicant for temporary licensure must also show:]

[ (i)

The applicant holds a current valid National Certification of School Psychologists (NCSP) and the applicant is currently licensed, certified, or registered in good standing by a jurisdiction's regulatory authority to engage in the independent practice of psychology in a public school in that jurisdiction; or]

[ (ii)

The applicant is licensed in good standing by a jurisdiction's psychology board as a school psychologist and that license permits the holder to engage in the independent practice of psychology in a public school in that jurisdiction.]

[ (C)

A completed application for temporary licensure as an LSSP must contain, in addition to the requirements set forth for all applications in paragraph (1) of this section:]

[ (i)

An application on file for permanent licensure as an LSSP; and]

[ (ii)

The applicant's NCSP Exam score sent directly from the testing service; and]

[ (iii)

All relevant transcripts that establish that the applicant has met the training requirements set forth in §463.32(a) of this title (relating to Licensed Specialist in School Psychology, Requirements for Licensure) sent directly from the university or college issuing the transcript; and]

[ (iv)

Proof of licensure, certification, or registration in good standing as required by paragraph (8)(B)(ii) of this section sent directly from the jurisdiction that issued the credential; and]

[ (v)

If applicable, proof of current NCSP credential in good standing sent directly from NASP.]

[ (D)

An applicant for temporary licensure is responsible for providing the Board with the most current requirements from the jurisdiction in which the applicant is currently licensed, certified, or registered for purposes of establishing that the jurisdiction's requirements for licensure, certification, or registration are substantially equal to those prescribed by this Act as defined in this rule.]

§463.29. Reciprocity Agreements with Other Jurisdictions [ Requirements ].

The Board may enter into reciprocal licensing agreements with other jurisdictions pursuant to §15B of the Psychologists' Licensing Act (the Act). In determining whether the [ reciprocity ] requirements for licensure, certification, or registration in other jurisdictions are substantially equal to those prescribed by the [ Psychologists' Certification and Licensing ] Act, for the granting of [ certification and ] licensure by reciprocity, the Board will consider the following:

(1)

Proof that the current qualifications of a jurisdiction [ state or territory ] are substantially equal to the current requirements of §11 in its entirety of the Act [ the Psychologists' Certification and Licensing Act, §11, in its entirety ];

(2)

Proof that a jurisdiction [ state or territory ] will not license an applicant with pending action against the applicant for what is considered a felony in Texas as stated in §462.7 [ §465.19 ] of this title (relating to Persons with Criminal Backgrounds;

(3)

Proof that the cut-off score on the Examination for [ the ] Professional Practice in [ of ] Psychology meets or exceeds the Texas cut-off score;

(4)

Proof that the supervised experience requirements as stated in §21 of the Act and §465.2 of this title (relating to Supervision) [ the Psychologists' Certification and Licensing Act, §21, and §465.18 of this title (relating to Supervision Guidelines) ] are the same;

(5)

Proof that the passage of an Oral Examination is required.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on May 14, 1999.

TRD-9902794

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: June 27, 1999

For further information, please call: (512) 305-7700


Chapter 465. Rules of Practice

22 TAC §465.36

The Texas State Board of Examiners of Psychologists proposes new §465.36, concerning Code of Ethics. The new rule is being proposed in order to reorganize and clarify the rules of the Board.

Sherry L. Lee, Executive Director, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

Ms. Lee also has 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 make the rules easier for licensees and the general public to follow and understand. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.

Comments on the proposal may be submitted by July 15, 1999, to Janice C. Alvarez, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas 78701, (512) 305-7700.

The new rule is proposed under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists 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.

The proposed new section does not affect other statutes, articles, or codes.

§465.36.Code of Ethics.

The code of ethics is a system of standards which has as its primary goal the welfare and protection of the individuals and groups to whom licensees provide psychological service.

(1)

Respect. Licensees respect the rights of others, including the right of clients to make informed autonomous choices. Licensees do not unfairly discriminate.

(2)

Nonmaleficence. Licensees do not cause harm through the delivery of their services.

(3)

Integrity. Licensees are honest and fair in their work. They are faithful to their word and contractual obligations. They do not exploit or mislead.

(4)

Responsibility. Licensees take responsibility for upholding professional standards of practice. They clarify their professional roles and obligations. They consult with, refer to, or cooperate with other professionals, particularly to prevent or avoid unethical conduct.

(5)

Beneficience. Licensees provide services which are of benefit, particularly in fostering the positive growth of independence and problem solving skills in the recipients of their services.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 14, 1999.

TRD-9902795

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: June 27, 1999

For further information, please call: (512) 305-7700


22 TAC §465.38

The Texas State Board of Examiners of Psychologists proposes an amendment to §465.38, concerning Psychological Services in the Schools. The amendment is being proposed in order to reorganize and clarify the rules of the Board.

Sherry L. Lee, Executive Director, has determined that for the first five-year period the repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amended rule.

Ms. Lee also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will make the rules easier for licensees and the general public to follow and understand. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.

Comments on the proposal may be submitted by July 15, 1999, to Janice C. Alvarez, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas 78701, (512) 305-7700.

The amendment is proposed under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists 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.

The proposed amendment does not affect other statutes, articles, or codes.

§465.38. Psychological Services in the Schools.

This rule acknowledges the unique difference in the delivery of school psychological services in the public schools from psychological services in the private sector. The Board recognizes the purview of the State Board of Education and the Texas Education Agency in safeguarding the rights of public school children in Texas. The mandated multidisciplinary team decision making, hierarchy of supervision, regulatory provisions, and past traditions of school psychological service delivery both nationally and in Texas, among other factors, allow for rules of practice in the public schools which reflect these occupational distinctions from the private practice of psychology.

(1)-(2)

(No change.)

(3)

Providers of School Psychological Services. School psychological services may be provided in Texas public schools only by individuals authorized by this Board to provide such services. Individuals who may provide such school psychological services include licensed specialists in school psychology, and interns or trainees as defined in §463.9 [ §463.32 ] of this title (relating to Licensed Specialist in School Psychology) [ and individuals holding a temporary license issued by this Board to provide such services under §463.32 of this title (relating to Licensed Specialist in School Psychology) ]. Nothing in this rule prohibits public schools from retaining licensed psychologists and licensed psychological associates who are not licensed specialists in school psychology to provide psychological services, other than school psychology, in their areas of competency.

(4)

Supervision.

(A)

Direct , systematic, face-to-face supervision must be provided to:

(i)

Interns as defined in §463.9 [ §463.32 ] of this title [ (relating to Licensed Specialist in School Psychology) ].

(ii)

Individuals who meet the training requirements of §463.9 [ §463.32 ] of this title and who have passed the National School Psychology Examination at the Texas cutoff score or above and who have been notified in writing of this status by the Board [ that their applications for licensure as specialists in school psychology are complete as defined by §463.5(6) of this title (relating to Application File Requirements) ]. These individuals may practice under supervision in a public school district for no more than one calendar year. They must be designated as trainees.

(iii)

Licensed specialists in school psychology for a period of one academic year following licensure unless the individual also holds licensure as a psychologist in this state .

(iv)

(No change.)

[ (B)

Individuals licensed under the grandparenting provisions of §463.32 of this title (relating to Licensed Specialist in School Psychology) are exempt from the supervision requirement.]

(B)

[ (C) ] Nothing in this rule applies to administrative supervision of psychology personnel within the public schools, often done by non-psychologists, in job functions involving, but not limited to, attendance, time management, completion of assignments, or adherence to school policies and procedures.

(5)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 14, 1999.

TRD-9902796

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: June 27, 1999

For further information, please call: (512) 305-7700