Part III.
Texas Board of Chiropractic Examiners
Chapter 75.
Rules of Practice
22 TAC §75.13
The Texas Board of Chiropractic Examiners adopts new §75.13,
relating to Disciplinary Records and Reportable Action, without changes to
the proposed text as published in the March 26, 1999, issue of the
Texas Register
(24 TexReg 2123). The text of the rule will not be republished.
The Texas Chiropractic Act, Texas Civil Statutes, Article 4512b, §14c.1(e)
requires the board to adopt rules concerning the retention of information
files on licensees and the expunction of files, including complaints, adverse
reports, and other investigative information on licensees. Section 75.13 sets
out a procedure by which a licensee may request removal of certain disciplinary
actions from the board's records and defines the types of disciplinary action
for which removal is permitted. The section is adapted from a similar provision
of the State Board of Dental Examiners, 22 TAC §107.400. Only licensees
with one board order are eligible to request removal of records pertaining
to minor infractions or probated suspensions, older than three and seven years,
respectively. Such licensees may not have any pending or subsequent disciplinary
action against them. The limitations imposed on this procedure are intended
to protect the public's interest in information on licensees who have been
disciplined for violations that impose a safety risk to patients or the public
and the board's need to maintain disciplinary history on licensees who fail
to comply with state law and its rules.
Section 75.13 also provides for a board policy of removing closed complaints
on which no formal disciplinary action was taken after three years from the
date a complaint was closed. Information which will be scheduled for removal
after the specified period of time for eligible licensees relate to unfounded
complaints, minor infractions and/or older disciplinary action. Such records
may not reflect accurately a practitioner's present quality of care; therefore,
retention serves no other regulatory purpose after a certain period of time.
These records in all probability would not be considered in a subsequent disciplinary
action; therefore, the purpose for maintaining such records no longer exists,
and consistent with the state policy on records management, should be removed.
Removal of any record, whether upon a licensee's request or by board policy,
will follow and be consistent with the board's records retention schedule
as required by the state's records retention law. Section 75.13 will not be
implemented, and the board will not accept applications for removal of records,
until the board's retention schedule has been amended in accordance with this
section and approved by the state library. The board will notify licensees,
through its web page, www.tbce.state.tx.us, when the board will accept applications.
No comments were received concerning the proposed amendment to Chapter
75.
The review of Chapter 75 is contemporaneously proposed elsewhere
in this issue of the
Texas Register.
The review
is in accordance with the Appropriations Act of 1997, House Bill 1, Article
IX, §167.
The new rule is adopted under Texas Civil Statutes, Article 4512b, §§4(c),
4a, which the board interprets as authorizing it to adopt rules necessary
for performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the Act, and §14c.1(e), which the board interprets
as requiring it to adopt rules relating to its disciplinary records on licensees.
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 May
17, 1999.
TRD-9902814
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: June 6, 1999
Proposal publication date: March 26, 1999
For further information, please call: (512) 305-6709
Chapter 216.
Continuing Education
22 TAC §§216.1-216.11
The Board of Nurse Examiners adopts new §§216.1
- 216.11 with no changes in §§216.1 - 216.3 and §§216.5
- 216.11 and with changes in §216.4 in the proposed text as published
in the February 19, 1999 issue of the
Texas Register
(24 TexReg 1110). Therefore §§216.1 - 216.3 and §§216.5
- 216.11 will not be republished.
Chapter 217 was reviewed by the licensing, practice, education, compliance
and legal departments of the Board of Nurse Examiners. Revisions were suggested
based on current statutes, board actions, and procedures and problems identified
by staff that required amending. In reviewing Chapter 217, staff determined
that 217.15, Continuing Education, would better serve the licensed registered
nurses if it were a separate chapter. Therefore, continuing education is being
removed from Chapter 217 and was proposed as new Chapter 216. Included in
the new chapter is recognition of Category 1 Continuing Medical Education
(CME) for Type I Continuing Nursing Education (CNE) for advanced practice
nurses (APNs).
There will be no effect on local government businesses to comply with the
rule.
Comments were received from the Coalition for Nurses in Advanced Practice
(CNAP) and from the Texas Nurses Association (TNA). A summary of the comments
and the Board's responses follow.
Comment from CNAP supported §216.3 to allow Category I Continuing
Medical Education to meet the requirements for Type I Continuing Nursing Education.
Comment from TNA regarding §216.3 opposes permitting APNs to satisfy
100% of their CNE by taking CME. TNA understands APNs can currently satisfy
up to 15 hours of CNE with CME. TNA believes that there is or should be something
unique about CNE that RNs cannot get from Continuing Education (CE) offered
by other professions. Consequently, TNA believes at least some of CE for RNs
should be required for CNE. TNA also believes that if APNs are permitted to
satisfy 100% of their CE with non-nursing CE, it will be difficult to deny
other RNs the same opportunity. TNA has concerns that permitting APNs to satisfy
all of their CE with CME will contribute to the "medicalizing" of advanced
practice nursing. TNA urges the board to do some type of survey to determine
the availability and appropriateness of CNE available to APNs and to look
at other options such as only permitting CME to be used for Type I CNE if
there was an RN on the planning committee.
BNE Response: The proposed rule is a result of board action in January
1999. The board acted following a review and recommendation from the Advanced
Practice Advisory Committee. Comment was raised by TNA at both the Advisory
Committee and Board meeting and has therefore been addressed.
Comment from TNA regarding §216.4(6) (B) and (C): TNA suggested that
the reference to "clinical component" in this section (B) and the following
(C) appears inconsistent with the new terminology of "clinical learning experience"
in the definition section of this rule.
BNE Response: The term "clinical learning experience" was reworded from
the previous term "clinical laboratory" and refers to experiences which meet
course objectives, etc. "Clinical component" may be a part of a "clinical
learning experience" or other programs as well.
Comment from TNA regarding §216.4(8): TNA indicated this section uses
the terminology of old ANCC criteria rather than current terminology as set
out below: "expertise" has replaced "effectiveness". "Objectives to overall
purpose/goal of activity" has replaced "content of stated objectives". "Strategies"
has replaced "methods".
BNE Response: Staff agreed to proposed change to (8)(i)(iii) and (iv).
Comment from TNA regarding §216.4(9): TNA indicated this section uses
the terminology of old ANCC criteria rather than current terminology, "strategies"
has replaced "methods", "attendance" has been replaced with "successful completion".
BNE Response: Staff agreed to proposed change to (9)(B) and (C).
Comment from TNA regarding §216.5: TNA indicated throughout this rule,
the terminology of "CE program" rather than current ANCC terminology of "CE
activity" is used.
BNE Response: The term "continuing education program" has been defined
in §216.1 to include those educational activities which are "designed
and evaluated to meet a set of behavioral objectives." There may be other
educational activities which may be considered educational programs other
than nursing education, to which this section of the rule refers.
The new section is adopted 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.
§216.4. Criteria for Acceptable Continuing Education Activity.
The following criteria have been established to guide the licensed
nurse in selecting appropriate programs and to guide the provider in planning
and presenting continuing education programs. Activities which may meet these
criteria include: classroom instruction, individualized instruction, academic
courses, self-directed study, and institu-tional-based instruction.
(1)
Length. The program shall be at least one contact hour
(50 consecu-tive minutes) in length.
(2)
Learner objectives.
(A)
Objectives shall be written and shall be the basis for
determining content, learning experience, teaching methodologies, and evaluation.
(B)
Objectives shall be specific, attainable, measurable,
and describe expected outcomes of the learner.
(3)
Target audience. The target audience for the
program is identified.
(4)
Planned program. There shall be evidence of program
planning based on needs of potential target audience.
(5)
Content.
(A)
The content shall be relevant to nursing practice and/or
health care and provide for the professional growth of the licensee.
(B)
Content is related to and consistent with the program
objectives.
(6)
Instructor qualification.
(A)
There shall be documentation of the instructor's expertise
in the content area. The instructor should apply principles of adult learning.
(B)
If the program includes a clinical nursing component,
a licensed nurse with expertise in that specific component shall provide supervision
with a ratio of no more than 12 participants to one faculty.
(C)
If the program includes a clinical component other than
nursing, an instructor possessing the appropriate credentials of the discipline
shall provide supervision.
(7)
Teaching methods.
(A)
Learning experiences and teaching methods shall be appropriate
to achieve the objectives of the program.
(B)
Principles of adult education shall be used in the design
of the program.
(C)
Time allotted for each activity shall be sufficient for
the learner to meet the objectives of the program.
(D)
A schedule of the program shall be provided which describes
content with corresponding time frames.
(E)
Facilities and educational resources shall be adequate
to implement the program.
(8)
Evaluation.
(A)
Participants shall complete a written evaluation of the:
(i)
teaching expertise of each instructor;
(ii)
learner's achievement of objectives;
(iii)
relevance of objectives to overall purpose/goal of activity;
(iv)
effectiveness of teaching strategies; and
(v)
appropriateness of physical facilities and educational
resources.
(B)
If participation is in an academic course or other program
in which grades are granted, a grade equivalent to "C" or better shall be
required, or "Pass" on a Pass/Fail grading system.
(9)
Records.
(A)
Records of programs shall be kept by the provider for
a minimum period of four years from the date of completion.
(B)
Records shall include target audience, program planning
materials, content, objectives, outline of instructor qualifications, teaching
strategies and materials, evaluation tools and summary and a list of participants.
(C)
The provider shall furnish each participant a record of
successful completion specifying the provider; title, date and location of
program; number of contact hours; and provider number, grades and organization
granting approval, if applicable. This record shall be kept by the nurse for
a minimum period of four years from the date of completion.
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 May
12, 1999.
TRD-9902724
Katherine A. Thomas, MN, RN
Executive Director
Board of Nurse Examiners
Effective date: September 1, 1999
Proposal publication date: February 19, 1999
For further information, please call: (512) 305-6816
22 TAC §§217.1-217.20
The Board of Nurse Examiners adopts the repeal of §§217.1
- 217.20 with no changes as published in the February 19, 1999, issue of the
The repeals allow for the adoption of new sections.
There will be no effect on local government nor businesses to comply with
the rules.
No comments were received regarding the repeal of Chapter 217. However,
comments were received regarding the proposed new Chapter 217. The comments
and Boards response can be found in the
Texas Register
under the adopted section regarding new Chapter 217.
The repeals are adopted 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.
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 May
12, 1999.
TRD-9902725
Katherine A. Thomas, MN, RN
Executive Director
Board of Nurse Examiners
Effective date: September 1, 1999
Proposal publication date: February 19, 1999
For further information, please call: (512) 305-6816
22 TAC §§217.1-217.17
The Board of Nurse Examiners adopts new §§217.1
- 217.17 with no changes in §§217.2 - 217.10 and §§217.14
- 217.16 and with changes in §217.1, §§217.11-217.13,
and §217.17 in the proposed text as published in the February 19, 1999,
issue of the
Texas Register
(24 TexReg 1115).
Therefore §§217.2 - 217.10 and §§217.14 - 217.16 will
not be republished.
Chapter 217 was reviewed by the licensing, practice, education, compliance
and legal departments of the Board of Nurse Examiners. Revisions were suggested
based on current statutes, board actions, and procedures and problems identified
by staff that required amending. In reviewing Chapter 217, staff determined
that §217.15, Continuing Education, would better serve the licensed registered
nurses if it were a separate chapter. Major revisions were suggested throughout
Chapter 217, leading staff to recommend the repeal of the current chapter,
including the creation of a separate Chapter 216 for Continuing Education
and the proposal of a new Chapter 217.
The rules will have no effect on local government nor businesses to comply
with the rule.
Comments were received from the Coalition for Nurses in Advanced Practice
(CNAP) and from the Texas Nurses Association (TNA). A summary of the comments
with the Board's response follows.
Comment from TNA regarding §217.1: TNA urged the board to consider
limiting the general definition section to terms that are used throughout
Chapter 217 and to place terms such as "practitioner" that apply to a single
section of §217 with that section. Rationale: Putting the definitions
all in one section rather than with the section to which it applies makes
it difficult to know when a term is a defined term and consequently makes
it more difficult to read the rules or increases the likelihood that it will
be read incorrectly.
BNE Response: This is an organizational concern and staff believes all
definitions as they apply to the chapter should be included in one section
for easier and clearer reference by users.
Comment from TNA regarding §217.1(15): TNA suggests to reword this
definition to read as follows: (15) Impaired practice - Practice in which
the nurse's ability to perform the essential functions of a registered nurse
is impaired by chemical dependency on drugs and/or alcohol or by mental illness.
Rationale: Focus of impairment is placed upon behaviors/practice evidenced
as opposed to impaired nurse. Deleting impaired professional nurse also tracks
trend to move away from further negative stereotyping of the nurse with chemical
dependency or mental illness. TPAPN has not used the terminology "impaired
nurse" since 1992.
BNE Response: Staff agrees to proposed change. While Article 4525a. §8,
Professional Nurse Reporting, refers to the nurse as being impaired, Article
4525. Disciplinary Proceedings, states disciplinary action by the Board may
be taken for "intemperate use... (which) includes...practicing professional
nursing... while under the influence of alcohol or drugs."
Comment from TNA regarding §217.1(21): TNA suggests to reword this
definition to read as follows: (21) Peer Assistance Program - An approved
program designed for registered nurses whose nursing practice is or may be
impaired by chemical dependency on drugs and/or alcohol or certain mental
illnesses and which meets the minimum criteria established by the Texas Commission
on Alcohol and Drug Abuse and the additional criteria established by the Board
of Nurse Examiners for the State of Texas.
BNE Response: Staff agrees to proposed change.
Comment from CNAP regarding §217.1 (22): CNAP suggests to reword this
definition to read as follows: (22) Practitioner - As related to radiology
practice, a doctor of medicine, osteopathy, podiatry, dentistry, chiropractic,
or an advanced practice nurse who is licensed under the laws of Texas and
who prescribes radiologic procedures for other persons (See 25 TAC §143.2).
CNAP Rationale: Advanced practice nurses are licensed under the laws of Texas
and do prescribe radiologic procedures. APNS should be included in this definition
so other health care providers and health care facilities do not erroneously
assume that only the practitioners named in this definition can order these
procedures. The ability to order radiologic procedures is an essential element
of health care for many patients, so advanced practice nurses must be able
to order these exams to meet the standard of care.
BNE Response: The Board recognizes that APNs prescribe radiological procedures
as evidenced in its Position Statement 15.5, the NPA, and the Rules and Regulations.
However, the context in this chapter that relates to radiologic treatment
is 1) to have RNs listed on a registry with the business location of the practitioner
as defined in 25 TAC Chapter 143, the Medical Radiological Technologist Certification
Act and TDH rules, and 2) to meet the training requirements of those rules.
Further, §217.14(d), derived from 25 TAC §143.2, directs the RN
to comply not only with this act, but to the Medical Practice Act and other
laws of the state. Staff recommends that any changes to this definition should
be made in the source document rather than this rule.
Comment from TNA regarding §217.1(23): TNA suggests deleting the words
"promote the client's dignity, independence and best interests and" so that
it reads "...relationships which refrain...". TNA rationale: professional
boundaries should address limitations on practice and the deleted phrase really
doesn't address boundaries and seems inappropriate to include in definition.
BNE Response: Staff does not agree with proposed change. The section recommended
for deletion refers to the nurse/client relationship in which the concept
of professional boundaries occur. Since the term is relatively new, it is
recommended that the full meaning be included. The source document of this
definition comes from the "Professional Boundaries" brochure from the National
Council. Professional boundaries do not limit practice but support it.
Comment from TNA regarding §217.11: TNA makes a general comment about
§217.11 and §217.12. There is so much overlap between the two rules
that it may be that a single rule would be more beneficial. There is a distinction
between standards of practice and unprofessional conduct. While there is clearly
some overlap, these two rules have evolved to the point where the distinction
between them has become blurred. The proposed rules appear to exacerbate this
blurring between the two concepts.
BNE Response: Staff does not agree with proposed change at this time, but
can consider how both the Standards of Practice and Unprofessional Conduct
may be organized in a future revision. At this time, the reorganization and
addition of items have been made to clarify and help in referencing both 217.11
and 217.12.
Comment from CNAP regarding §217.11(4)(C): CNAP suggests rewording
(4)(C) to read as follows: (C) physician, dentist or podiatrist orders.
BNE Response: Staff agrees to proposed change.
Comment from CNAP regarding §217.11(4)(D): CNAP suggests (4)(D) to
read as follows: (4)(D) patient care orders such as those issued by advanced
practice nurses, psychologists, or other health care providers acting within
their scopes of practice. Rationale: In many hospitals, long term facilities
and mental health facilities throughout the state, advanced practice nurses
and other types of health care providers write orders on the patient's chart.
Registered Nurses are frequently confused about their legal authority to follow
these orders, even though it is within the scope of practice of the health
care provider to write the order, and the RN is not questioning the safety
of the order. CNAP thinks that references to orders from health care providers
in the NPA would help solve this problem.
BNE Response: Staff disagrees with addition of RN being responsible for
documenting other practitioners' orders than as contained in the definition
of professional nursing (Article 4518, §5). The rationale refers to the
RN's responsibility to carry out the order, not reporting and documenting.
Staff agrees that RNs carry out orders relayed by advanced practice nurses,
which is covered by the NPA and (4)(C) above and in the Board's rules.
Comment from TNA regarding §217.11(4): TNA suggests adding a new subsection
that reads: (F) contacts with other health care team members concerning significant
events regarding client's status. Rationale: RNs carrying out patient care
orders that come from providers other than physicians.
BNE Response: Staff agrees to add item (F) as proposed.
Comment from TNA regarding §217.11(9): TNA suggests inserting between
the words "and" and "ability" the words "physical and emotional". Rationale:
This makes it consistent with changes to section (12).
BNE Response: Staff agrees to proposed change.
Comment from TNA regarding §217.11(10): TNA suggests deleting the
words "which are". The phrase seems not to be correct since it suggests that
the tasks must be in compliance with the rules cited rather than the delegation
being in compliance with those rules.
BNE Response: Staff agrees to proposed change.
Comment from TNA regarding §217.11(12): TNA suggests inserting between
the words "that" and "are" the words "take into consideration patient safety
and that". This makes is consistent with section (9).
BNE Response: Staff agrees to proposed change.
Comment from TNA regarding §217.12: TNA suggests making a general
comment about §217.11 and §217.12. There is so much overlap between
the two rules that it may be that a single rule would be more beneficial.
BNE Response: Staff does not agree with proposed change. Unprofessional
Conduct Rules are necessary to the disciplinary process and have additions
not included in §217.11. Staff believes the combination of §217.11
and §217.12 may be better managed at a future time when the distinction
and purpose of both rules may be considered together.
Comment from CNAP regarding §217.12(4)(C): CNAP suggests rewording
(4)(C) to read as follows: (C) physician, dentist or podiatrist orders.
BNE Response: Staff agrees to proposed change.
Comment from CNAP regarding §217.12(4)(D): CNAP suggests adding (4)(D)
to read as follows: (4)(D) patient care orders such as those issued by advanced
practice nurses, psychologists, or other health care providers acting within
their scopes of practice.
BNE Response: Staff disagrees with proposed change. See comments to §217.11(4)(D).
Comment from TNA regarding §217.12(4): TNA suggests adding a new subsection
that reads: (F) contacts with other health care team members concerning significant
events regarding client's status. Rationale: RNs carrying out patient care
orders that come from providers other than physicians.
BNE Response: Staff agrees to add item (F) as proposed.
Comment from TNA regarding §217.12(9): TNA suggests inserting between
the words "assigning" and "nursing" the phrase "nursing care in a manner that
fails to take client safety into consideration or assigning". Inserting between
the words "or" and "ability" the words "physical and emotional".
BNE Response: Staff agrees to proposed change.
Comment from TNA regarding §217.12 (10): TNA suggests deleting the
words "which are". The qualifying phrase "which are" seems not to be correct
since it suggests that the tasks must be in compliance with the rules cited
rather than the delegation being in compliance with those rules.
BNE Response: Staff agrees to proposed change.
Comment from TNA regarding §217.12(12): TNA suggests inserting between
the words "assignment" and "for" the phrase "that does not take into consideration
patient safety or".
BNE Response: Staff agrees to proposed change.
Comment from TNA regarding §217.12(15): TNA recommends deleting the
phrase "or the RN's employer". The reference to a RN's employer at the end
of this section is unclear. It could refer back to the initial prohibition
against violating professional boundaries but if so it is unclear what this
means.
BNE Response: Staff agrees to delete phrase "or the RN's employer."
Comment from TNA regarding §217.12(19): TNA recommends deleting the
words "real or personal, tangible or intangible". Many RNs may not know what
the terms mean.
BNE Response: Staff agrees to delete "tangible or intangible" but to leave
"real or personal" as those are different kinds of property when described
in law.
Comment from TNA regarding §217.13: TNA recommends revising sentence
as follows: "A peer assistance program for registered nurses will identify,
assist, and monitor professional colleagues experiencing mental health, alcohol,
or drug problems that are or are likely to be job-impairing so that they may
return to practice safe nursing." Rationale: Changes parallel TCADA Rule changes,
Chapter 151. As currently written, the rule implies that assistance and monitoring
only occurs for individuals with job-impairing problems whereas peer assistance
programs do attempt to intervene prior to job impairment whenever appropriate.
BNE Response: Staff agrees to proposed change.
Comment from TNA regarding §217.13 (1)(A): TNA recommends revising
to read as follows: "(1)(A) The program will provide statewide peer advocacy
services available to all registered nurses licensed to practice in Texas
whose practice may be impaired by chemical dependency or certain mental illness."
Rationale: Changes help to denote who may receive services and avoids language
that implies nurses are impaired as opposed to their practice being impaired.
Chemical dependency and mental illness are diseases and are no more likely
to impair people as any other disease.
BNE Response: Staff agrees to proposed change.
Comment from TNA regarding §217.13(1)(B): TNA recommends revising
to read as follows: "(1)(B) The program shall have a statewide monitoring
system that will be able to track the nurse while preserving confidentiality."
Rationale: The program can help assure confidentiality as provided for under
federal and state laws but not necessarily anonymity.
BNE Response: Staff agrees to proposed change.
Comment from TNA regarding §217.13(1)(C). TNA recommends revising
to read as follows: "(1)(C) The program shall have a network of trained peer
volunteer advocates located throughout the state." Rationale: Language tracks
changes made by program with respect to the name/role changes made for its
volunteers.
BNE Response: Staff agrees with proposed change.
Comment from TNA regarding §217.13(1)(D). TNA recommends revising
to read as follows: "(1)(D) The program shall have a written plan for the
education and training of volunteer advocates and other program personnel."
Rationale: See (C) above.
BNE Response: Staff agrees with proposed change.
Comment from TNA regarding §217.13 (1)(H). TNA recommends revising
to read as follows: "(1)(H) The program shall collect and make available to
the board and other appropriate persons data relating to program operations
and participant outcomes." Rationale: To increase clarity and comprehensiveness.
BNE Response: Staff agrees to proposed change.
Comment from TNA regarding §217.13 (1)(M). TNA recommends revising
to read as follows: "(1)(M) If there has been any prior disciplinary action
by the board within five years or if the program determines that the nurse
most likely has impaired practice but is inappropriate for the program due
to other reasons, e.g., nature of practice violation, prior participation,
the program may report the nurse to the board." Rationale: Provides language
that supports current policies agreed to by program and licensing board.
BNE Response: Staff agrees to proposed change, but not to include the list
of examples, therefore to read "...due to other reasons," delete e.g. to participation,
then continue "the program...board."
Comment from TNA regarding §217.13 (2). TNA recommends revising to
read as follows: "(2) Contractual agreement. The approved program(s) will
enter into a contractual agreement with the board to provide peer assistance
services. Said contract can be withdrawn for noncompliance and is subject
to annual review and renewal." Rationale: Revision more accurately reflects
current language that is used.
BNE Response: Staff agrees to proposed change.
Comment from TNA regarding §217.17(f). TNA recommends rewording to
read: (f) The 75th Legislature added Article 4525d(c) to the Nursing Practice
Act. That article provides RNs "safe-harbor" type protections by permitting
RNs to request Peer Review when requested to engage in conduct the RN believes
is in violation of his/her duty to a patient. To obtain the safe harbor protections
of Article 4525d, the nurse's request for Peer Review must be at the time
the RN is requested to engage in the conduct and on a form produced by the
board. A copy of that form may be obtained from the board or downloaded from
its web site. Rationale: The wording as proposed may be misinterpreted by
nurses to mean that the only protections they have under 4525d is safe harbor
type protections. Other sections of 4525d provide protections to RNs even
if they don't request peer review.
BNE Response: Staff agrees to reword. The statutory language already states
these are "added" provisions and the section follows the usual Peer Review
rules of due process and provisions of Article 4525(d) to read: The 75th Legislature
added provisions for an RN to request Peer Review when a nurse is requested
to engage in conduct that the nurse believes is in violation of his/her duty
to a patient. The procedure for a request of Peer Review under these "safe
harbor" type protections (Article 4525d(c) of the NPA) must be made at the
time the RN is requested to engage in the conduct and written on forms provided
by the board.
The new section is adopted 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.
§217.1. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise:
(1)
Academic course - A specific set of learning experiences
offered in an accredited school, college or university. Academic credit will
convert on the following basis: One academic quarter hour = 10 contact hours;
one academic semester hour = 15 contact hours.
(2)
Accredited nursing program - A school, department,
or division of nursing accredited/approved by a nursing board or other licensing
authority which has jurisdiction over accreditation/approval of nursing programs.
(3)
Advanced Practice Nurse (APN) - A professional nurse,
currently licensed in the State of Texas, who is prepared for advanced nursing
practice by virtue of knowledge and skills obtained in an advanced educational
program of study acceptable to the board, who meets requirements of Rule 221
and/or Rule 222, and has received authorization to practice as an APN in Texas.
(4)
Applicant - An individual who has completed an accredited
nursing program and has applied to take the National Council Licensure Examination
for Registered Nurses (NCLEX-RN), or an individual who has applied for Temporary
Licensure/Endorsement into Texas.
(5)
Approved - Recognized as having met established standards
and predetermined criteria of the credentialing agencies recognized by the
board. Applies to providers and programs.
(6)
Board - The Board of Nurse Examiners for the State
of Texas.
(7)
Commission on Graduates of Foreign Nursing Schools
(CGFNS) Certificate - Documentation that verifies the educational credentials
and CGFNS examination results of graduates of foreign nursing schools.
(8)
Declaratory order - An order issued by the Board
pursuant to Texas Civil Statutes, Article 4519a, determining the eligibility
of an individual for initial licensure as a registered nurse and setting forth
both the basis for potential ineligibility and the Board's determination of
the disclosed eligibility issues.
(9)
Deliquent license - A license lapsed due to failure
to renew the certificate of reregistration.
(10)
Direct supervision - Requires a registered professional
nurse to be immediately available to coordinate, direct, and observe at firsthand
another individual for whom the RN is responsible.
(11)
Eligibility order - An order, issued by the Board
pursuant to Texas Civil Statutes, Article 4519, 4519a, or 4521(a) determining
the eligibility of an individual for licensure.
(12)
Endorsement - The process of issuing a permanent
license without further examination to a registered nurse from another jurisdiction
or licensing authority after determination is made that the applicant meets
the same standards as those required of Texas registered nurses.
(13)
First level, general nurse - Refers to the International
Council of Nurses (ICN) classification of nurses. A first-level nurse is called
a registered or professional nurse in most countries. A general nurse has
studied theory and had clinical practice in a variety of nursing areas. Second
level nurses, who may be called enrolled, vocational, or practical nurses
or nurse assistants, and those nurses who have specialized in one area without
being educated and registered/licensed as a general nurse (for instance, midwife,
pediatric nurse, or psychiatric nurse) are not eligible to take the CGFNS
qualifying exam.
(14)
Graduate of a foreign nursing school - An individual
who graduated from a post-secondary nursing education program that prepares
professional nurse generalists for licensure and is accredited by a governmental
authority.
(15)
Impaired practice - Practice in which the nurse's
ability to perform the essential functions of a registered nurse is impaired
by chemical dependency on drugs and/or alcohol or by mental illness.
(16)
Jurisdiction - A state or territory of the United
States using the National Council Licensure Examination for Registered Nurses
(NCLEX-RN) as the licensing examination.
(17)
Licensing authority - A legislated or governmentally
appointed agency which approves, accredits or otherwise regulates legally
defined behaviors of institutions or individuals.
(18)
National Council Licensure Examination for Registered
Nurses (NCLEX-RN) - The test used by the board to measure minimal competence
for licensure as a registered professional nurse.
(19)
Nursing curriculum - The equivalent of all nursing
courses in the program of study within an accredited nursing program.
(20)
Nursing program - The equivalent of all non-nursing
and nursing courses in the program of study within an accredited program.
(21)
Peer assistance program - An approved program designed
for registered nurses whose nursing practice is or may be impaired by chemical
dependency on drugs and/or alcohol or certain mental illnesses and which meets
the minimum criteria established by the Texas Commission on Alcohol and Drug
Abuse and the additional criteria established by the Board of Nurse Examiners
for the State of Texas.
(22)
Practitioner - As related to radiology practice,
a doctor of medicine, osteopathy, podiatry, dentistry, or chiropractic who
is licensed under the laws of Texas and who prescribes radiologic procedures
for other persons (See 25 TAC §143.2).
(23)
Professional boundaries - Refers to the provision
of professional nursing services within the limits of the nurse/client relationship
which promote the client's dignity, independence and best interests and refrain
from inappropriate involvement in the client's personal relationships and
the obtainment of the nurse's personal gain at the client's expense.
(24)
Professional nursing education program (general)
- Post-secondary general nursing program of at least two academic years in
length that provides both theory and clinical instruction in nursing care
of:
(a)
the adult to include both medical and surgical nursing;
(b)
maternal/infant nursing;
(c)
nursing care of children; and
(d)
psychiatric/mental health nursing
(25)
Professional nursing practice - The performance
of services for compensation appropriate for RNs employed in clinical practice,
administration, education, research or other practices within the scope of
the definition of professional nursing.
(26)
Program of study - The courses and learning experiences
that constitute the requirements for completion of a basic nursing program
(associate degree program, baccalaureate degree program, master's degree program,
or diploma program) or a post-licensure nursing program.
(27)
Radiologic procedure - Any procedure or article
used with clients, including diagnostic x-rays or nuclear medicine procedures,
through the emission of ionizing radiation as stated in 25 TAC §143.2.
(28)
Reactivation - The process of making a license current
when a registered nurse has allowed his or her license to become delinquent
and/or is in inactive/retired status.
(29)
Refresher course - A program designed to update
knowledge of current nursing theory and clinical practice consisting of didactic
and clinical components to ensure entry level competencies into professional
nursing practice. Refresher courses are not accepted for continuing education
credit.
(30)
Registered nurse - A person currently licensed by
the board to practice professional nursing.
(31)
Registered nurse, retired - An individual on inactive
status, 65 or older, who has met the requirements for using the title as stated
in §217.9(b) of this title (relating to Inactive Status).
(32)
Renewal period -Two-year period determined by the
licensee's birth month and year.
(33)
Shall, will and must - Mandatory requirements.
(34)
State Board Test Pool Examination (SBTPE) - The
test formerly used by the board prior to the NCLEX-RN to measure minimal competence
for licensure as a registered nurse.
(35)
Temporary authorization - An authorization to practice
professional nursing for a specified period of time.
(36)
Temporary license - A license that authorizes an
individual licensed as a registered nurse in other jurisdictions to practice
professional nursing in Texas for a specified period of time.
(37)
Temporary permit - A permit issued to a registered
nurse for a specific period of time which allows the RN to complete specific
requirements in order for the license to be reissued.
§217.11. Standards of Professional Nursing Practice.
The responsibility of the Texas Board of Nurse Examiners (board) is
to regulate the practice of professional nursing within the State of Texas.
The purpose of defining standards of practice is to identify roles and responsibilities
of the registered professional nurse (RN) in any health care setting. The
standards for professional nursing practice shall establish a minimum acceptable
level of professional nursing practice. The RN shall:
(1)
know and conform to the Texas Nursing Practice Act and
the board's rules and regulations as well as all federal, state, or local
laws, rules or regulations affecting the RN's current area of nursing practice;
(2)
use a systematic approach to provide individualized,
goal-directed nursing care by:
(A)
performing nursing assessments regarding the health status
of the client;
(B)
making nursing diagnoses which serve as the basis for
the strategy of care;
(C)
developing a plan of care based on the assessment and
nursing diagnosis;
(D)
implementing nursing care; and
(E)
evaluating the client's responses to nursing interventions;
(3)
know the rationale for and the effects of medications
and treatments and shall correctly administer the same;
(4)
accurately and completely report and document:
(A)
the client's status including signs, symptoms and responses;
(B)
nursing care rendered;
(C)
physician, dentist or podiatrist orders;
(D)
administration of medications, and treatments; and
(E)
client response(s);
(F)
contacts with other health care team members concerning
significant events regarding client's status.
(5)
implement measures to promote a safe environment
for clients and others;
(6)
respect the client's right to privacy by protecting
confidential information unless obligated or allowed by law to disclose the
information;
(7)
promote and participate in client education and counseling
based on health needs;
(8)
ensure the verification of current Texas licensure
and credentials of personnel for whom the RN is administratively responsible,
when acting in the role of nurse administrator;
(9)
make assignments to others that take into consideration
client safety and which are commensurate with the educational preparation,
experience, knowledge, and physical and emotional ability of the persons to
whom the assignments are made;
(10)
delegate nursing tasks in compliance with §218.3,
relating to general criteria for delegation and §218.4, relating to supervision;
(11)
supervise nursing care provided by others for whom
the RN is administratively or professionally responsible;
(12)
accept only those nursing assignments that take
into consideration patient safety and that are commensurate with one's own
educational preparation, experience, knowledge and physical and emotional
ability;
(13)
obtain instruction and supervision as necessary
when implementing nursing procedures or practices;
(14)
notify the appropriate supervisor when leaving a
nursing assignment;
(15)
know, recognize, and maintain professional boundaries
of the nurse-client relationship;
(16)
report unsafe nursing practice by an RN which a
nurse has reasonable cause to suspect has exposed or is likely to expose a
client unnecessarily to risk of harm as a result of failing to provide client
care that conforms to the minimum standards of acceptable and prevailing professional
practice. The RN should report unsafe practice conditions or other practitioners
to the appropriate authority or licensing board;
(17)
provide, without discrimination, nursing services
regardless of the age, disability, economic status, gender, national origin,
race, religion, or health problems of the client served;
(18)
institute appropriate nursing intervention which
might be required to stabilize a client's condition and/or prevent complications;
(19)
clarify any order or treatment regimen that the
nurse has reason to believe is inaccurate, non-efficacious or contraindicated
by consulting with the appropriate licensed practitioner and notifying the
ordering practitioner when the RN makes the decision not to administer the
medication or treatment;
(20)
implement measures to prevent exposure to infectious
pathogens and communicable conditions;
(21)
collaborate with the client, members of the health
care team and, when appropriate, the client's significant other(s) in the
interest of the client's health care;
(22)
consult with, utilize and make referrals to appropriate
community agencies and health care resources to provide continuity of care;
(23)
be responsible for one's own continuing competence
in nursing practice and individual professional growth.
§217.12. Unprofessional Conduct.
The unprofessional conduct rules are intended to protect clients and
the public from incompetent, unethical, or illegal conduct of licensees. The
purpose of these rules is to identify unprofessional or dishonorable behaviors
of the registered professional nurse (RN) which the board believes are likely
to deceive, defraud or injure clients or the public. These behaviors include
but are not limited to:
(1)
failing to know and conform to the Texas Nursing Practice
Act and the board's rules and regulations as well as all federal, state, or
local laws, rules or regulations affecting the RN's current area of nursing
practice;
(2)
failing to assess and evaluate a client's status
or failing to institute nursing interventions which might be required to stabilize
a client's condition or prevent complications;
(3)
failing to administer medications or treatments or
both in a responsible manner;
(4)
failing to accurately and completely report and document:
(A)
the client's status including signs, symptoms and responses;
(B)
nursing care rendered;
(C)
physician, dentist or podiatrist orders;
(D)
administration of medications, and treatments; and
(E)
client response(s);
(F)
contacts with other health care team members concerning
significant events regarding client's status.
(5)
failing to implement measures to promote a safe
environment for clients and others (e.gs. bed rails up, universal precautions);
(6)
disclosing confidential information or knowledge
concerning the client except where required or allowed by law;
(7)
failing to provide client education and counseling
based on client health care needs;
(8)
failing to ensure the verification the current Texas
licensure and credentials of personnel for whom he/she is administratively
responsible, when acting in the role of nurse administrator;
(9)
assigning nursing care in a manner that fails to
take client safety into consideration or assigning nursing care functions
to others who lack the educational preparation, experience, knowledge or physical
and emotional ability to perform these functions;
(10)
delegating nursing tasks not in compliance with
§218.3 relating to general criteria for delegation and §218.4 relating
to supervision;
(11)
failing to supervise the delivery of nursing care
for which the RN is administratively or professionally responsible;
(12)
accepting an assignment when one's physical or emotional
condition prevents the safe and effective delivery of care or accepting an
assignment that does not take into consideration patient safety or for which
one lacks the educational preparation, experience, knowledge or ability;
(13)
failing to obtain instruction or supervision when
implementing nursing procedures or practices for which one lacks the educational
preparation, ability, knowledge and/or experience;
(14)
leaving a nursing assignment without notifying one's
appropriate supervisor;
(15)
violating professional boundaries of the nurse/client
relationship including but not limited to physical, sexual, emotional or financial
exploitation of the client or the client's significant other(s);
(16)
causing or permitting physical, emotional or verbal
abuse or injury or neglect to the client or the public, or failing to report
same to the employer, appropriate legal authority and/or licensing board;
(17)
failing to report to the board or to a board approved
peer assistance program, if applicable, within a reasonable time of the occurrence,
any violation or attempted violation of the Nursing Practice Act or duly promulgated
rules, regulations or orders;
(18)
failing to follow the policy and procedure in place
for the wastage of medications at the facility where the RN was employed or
working at the time of the incident(s);
(19)
misappropriating, in connection with the practice
of nursing, anything of value or benefit, including but not limited to, any
property, real or personal of the client, employer, or any other person or
entity, or failing to take precautions to prevent such misappropriation;
(20)
failing to make entries, destroying entries, and/or
making false entries in records pertaining to care of clients;
(21)
passing, or attempting to pass forged, altered,
falsified or unauthorized prescription(s) by electronic, telephonic, written
communication or any other means;
(22)
providing information which was false, deceptive,
or misleading in connection with the practice of professional nursing;
(23)
failing to answer specific questions that would
have affected the decision to license, employ, certify or otherwise utilize
an RN;
(24)
offering, giving, soliciting, or receiving or agreeing
to receive, directly or indirectly, any fee or other consideration to or from
a third party for the referral of a client in connection with the performance
of professional services;
(25)
failing to report the unauthorized practice of professional
nursing;
(26)
failing to repay a guaranteed student loan, as provided
in Section 57.491 of the Texas Education Code.
§217.13. Peer Assistance Programs.
A peer assistance program for registered nurses will identify, assist,
and monitor professional colleagues experiencing mental health, alcohol, or
drug problems that are or are likely to be job-impairing so that they may
return to practice safe nursing.
(1)
Additional criteria.
(A)
The program will provide statewide peer advocacy services
available to all registered nurses licensed to practice in Texas whose practice
may be impaired by chemical dependency or certain mental illness.
(B)
The program shall have a statewide monitoring system that
will be able to track the nurse while preserving confidentiality.
(C)
The program shall have a network of trained peer volunteer
advocates located throughout the state.
(D)
The program shall have a written plan for the education
and training of volunteer advocates and other program personnel.
(E)
The program shall have a written plan for the education
of registered nurses, other practitioners, and employers.
(F)
The program shall have a mechanism for documenting program
compliance and for timely reporting of noncompliance to the board. Reports
of noncompliance shall include information regarding registered nurses who
have been reported in accordance with the requirements of Texas Civil Statutes,
Article 4525a.
(G)
The program shall demonstrate financial stability and
funding sufficient to operate the program.
(H)
The program shall collect and make available to the board
and other appropriate persons data relating to program operations and participant
outcomes.
(I)
The program shall have a written plan for a systematic
total program evaluation.
(J)
The program shall be subject to periodic evaluation by
the board or its designee.
(K)
Counselors utilized by the peer assistance program shall
meet the minimum criteria for counselors as established by the board or its
designee.
(L)
The program shall establish a plan to verify previous
disciplinary action relative to impairment prior to admitting a nurse to the
peer assistance program.
(M)
If there has been any prior disciplinary action by the
board within five years or if the program determines that the nurse most likely
has impaired practice but is inappropriate for the program due to other reasons,
the program may report the nurse to the board.
(2)
Contractual agreement. The approved program(s)
will enter into a contractual agreement with the board to provide peer assistance
services. Said contract can be withdrawn for noncompliance and is subject
to annual review and renewal.
§217.17. Minimum Procedural Standards During Peer Review.
(a)
Texas Civil Statutes, Article 4525b §1(2) states,
"Peer review means the evaluation of professional nursing services, the qualifications
of professional nurses, the quality of patient care rendered by professional
nurses, the merits of complaints concerning professional nurses and professional
nursing care, and determinations or recommendations regarding complaints".
The peer review process is one of fact finding, analysis and study of events
by registered nurses in a climate of collegial problem solving focused on
obtaining all relevant information about an event. Once a decision is made
that a nurse is subject to peer review, Texas Civil Statutes, Article 4525b,
§1A(4) provides that the nurse is entitled to minimum due process. The
purpose of this rule is to define minimum due process, to provide guidance
to facilities in developing peer review plans, to assure that nurses have
knowledge of the plan, and to provide guidance to the peer review committee
in its fact finding process.
(b)
In order to meet the minimum due process required by the
NPA, the Peer Review Committee must:
(1)
provide written notice to the nurse that his/her practice
is being evaluated, that the peer review committee will meet on a specified
date not more than 30 calendar days from date of notice, and enclose a written
copy of the peer review plan, policies and procedures;
(2)
include in the written notice:
(A)
a description of the event(s) to be evaluated in sufficient
detail to inform the nurse of the incident, circumstances and conduct (error
or omission), including date(s), time(s), location(s), and individual(s) involved.
The patient/client shall be identified by initials or number;
(B)
name, address, telephone number of contact person to receive
the nurse's response;
(3)
provide the nurse the opportunity to review,
in person or by attorney, the documents concerning the event under review,
at least 15 calendar days prior to appearing before the committee;
(4)
provide the nurse the opportunity to:
(A)
appear before the committee;
(B)
make a verbal statement;
(C)
ask questions and respond to questions of the committee;
and
(D)
provide a written statement regarding the event under
review;
(5)
conclude its evaluation no more than 14 calendar
days from the committee meeting stated in the notice;
(6)
provide written notice to the nurse of the findings
of the committee when the review has been completed; and
(7)
provide the nurse with reasonable opportunity to
rebut the committee's findings in writing which shall become a permanent part
of the record.
(c)
The peer review process is not a hearing or substitute
for a legal procedure; therefore, court procedures and rules and the presence
of attorneys are not required. Although legal representation is not required,
should the Peer Review Committee have an attorney as a member or in a representative
capacity, the nurse is entitled to legal representation and parity of participation
by counsel. "Parity of participation by counsel" means that the nurse's attorney
is able to participate in the peer review process to the same extent and level
as the facility's attorney; e.g., if the facility's attorney can question
witnesses, the nurse's attorney must have the same right.
(d)
Peer review plans shall contain written procedures to
maintain confidentiality of information presented to and/or considered by
the peer review committee which is not subject to disclosure except as provided
by Texas Civil Statutes, Article 4525b, §3. Disclosure/discussion by
a nurse with the nurse's attorney is proper because the attorney is bound
to the same confidentiality requirements as the nurse.
(e)
The 74th Legislature expressly included vocational nurses
in the peer review provisions of the Texas Civil Statutes, Article 4525b.
The procedural standards found in subsections (a)-(d) of this section apply
to LVNs.
(f)
The 75th Legislature added provisions for an RN to request
Peer Review when a nurse is requested to engage in conduct that the nurse
believes is in violation of his/her duty to a patient. The procedure for a
request of Peer Review under these "safe harbor" type protections must be
made at the time the RN is requested to engage in the conduct and written
on forms provided by the board.
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 May
12, 1999.
TRD-9902726
Katherine A. Thomas, MN, RN
Executive Director
Board of Nurse Examiners
Effective date: September 1, 1999
Proposal publication date: February 19, 1999
For further information, please call: (512) 305-6816
Chapter 361.
Administration
Subchapter A. General Provisions
22 TAC §361.1
The Texas State Board of Plumbing Examiners adopts an amendment
to §361.1, concerning Definitions, without changes to the proposed text
as published in the March 26, 1999, issue of the
Texas Register
(24 TexReg 2125) and will not be republished.
This section specifies the meanings of words and terms used in the Plumbing
License Law and Board Rules.
The following is a restatement of the rule's factual basis: The adopted
amendments are part of the Board's intent to comply with House Bill Number
1, 75th Legislature, Regular Session, 1998-1999, Article IX, Section 167,
and the Board's rule review plan, which requires the Board to complete a review
of Chapter 361 of the Board Rules by August 31, 1999. All of the amendments
to §361.1 are for the purpose of clarity and in no way will effect change
in the method that the Board currently conducts business, carries out or enforces
the Plumbing License Law and Board Rules. None of the amendments to §361.1
will effect change in the current requirements of the Board Rules.
Amended grammatical changes include proper use of capitalized words. Renumbering
of definitions reflect the deletion of obsolete definitions of certain terms
or words.
Section 361.1(2) contains a language change that reflects only the change
in the cite of state law that governs the proceedings for refusal, suspension,
or revocation of a license.
Section 361.1(8) and Section 361.1(9), amends definitions of "Chief Examiner"
and "Chief Field Representative" that clarify the current general duties and
responsibilities of those two Board employees.
Section 361.1(12), generally defines Continuing Professional Education
and clarifies that it is currently required for renewal of a License or Endorsement.
Section 361.1(14), mirrors the definition of "Field Representative" that
is found in §8B of the Plumbing License Law.
Section 361.1(15), mirrors the definition of "Journeyman Plumber" that
is found in §2(3) of the Plumbing License Law.
Section 361.1(19), mirrors the definition of "Master Plumber" that is found
in §2(2) of the Plumbing License Law.
Section 361.1(20), clarifies the names of specific gasses that are currently
used for medical purposes and that the list of those gasses is not all inclusive.
Section 361.1(28), clarifies that the work that a Registered Plumbing Apprentice
may perform is currently limited under §365.2 and §367.3 of this
title (relating to Apprentice Relationship and Requirements for Plumbing Companies).
Section 361.1(34), clarifies that a Water Supply Protection Specialist
is a Journeyman or Master Plumber that holds the Water Supply Protection Specialist
Endorsement issued by the Board.
Elsewhere in this issue of the
Texas Register
the Texas State Board of Plumbing Examiners is contemporaneously adopting
the review of Chapter 361. Administration, Subchapter A. General Provisions
(§§361.1-361.9), Subchapter B. Petition for Adoption of Rules (§§361.21-361.28)
and Subchapter C. Election of Board Officers, (§361.29). This review
is in accordance with the Appropriations Act of 1997, HB 1, Article IX, Section
167.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the authority of Texas Revised
Civil Statutes Annotated Article 6243-101("Act"), §2 (2), §2(3),
§5(a), §8B, §8C, §9, §11A, and §12B (Vernon
Supp. 1998). Section 2(2) of the Act defines "Master Plumber". Section 2(3)
of the Act defines "Journeyman Plumber". Section 5(a) of the Act authorizes,
empowers and directs the Board to prescribe, amend and enforce all rules and
regulations necessary to carry out the Act. Section 5(a) of the Act requires
the Board to appoint an employee or employees thereof, with the power of removal,
as a plumbing examiner or examiners, whose duties shall be to examine, as
to their fitness and qualifications, all persons applying to the Board for
licenses. Section 8B of the Act defines "Field Representative". Sec. 8C of
the Act defines "Medical Gas Piping Installation Endorsement". Section 9 of
the Act provides for penalties for violations of the Act and Board rules and
the governing of the proceedings for the refusal, suspension, or revocation
of a license. Section 11A of the Act defines "Water Supply Protection Specialist".
Section 12B of the Act sets out the general requirements for Continuing Professional
Education in order to renew a license.
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 May
12, 1999.
TRD-9902747
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Effective date: June 1, 1999
Proposal publication date: March 26, 1999
For further information, please call: (512) 458-2145
22 TAC §361.6
The Texas State Board of Plumbing Examiners adopts an amendment
to §361.6, concerning Fees, without changes to the proposed text as published
in the March 26, 1999, issue of the
Texas Register
(24 TexReg 2128) and will not be republished.
This section specifies the fee amounts required for examinations, licenses,
endorsements, renewal of licenses and endorsements and the method of payment
of fees.
The following is a restatement of the rule's factual basis: The amendments
are part of the Board's intent to comply with House Bill Number 1, 75th Legislature,
Regular Session, 1998-1999, Article IX, Section 167, and the Board's rule
review plan, which requires the Board to complete a review of Chapter 361
of the Board rules by August 31, 1999. The amendments to §361.6 are to
clarify the current method of payment of fees and in no way will effect change
in the amount of fees, method that the Board currently conducts business,
carries out or enforces the Plumbing License Law and Board Rules. None of
the amendments to §361.6 will effect change in the current requirements
of the Board Rules. Grammatical changes include proper use of capitalized
words. Renumbering of subsections reflect the proposed deletion of superfluous
terms or words that, by their deletion, do not effect current methods of payment
or any other requirements of the Board Rules.
The amendment clarifies that Examination fees shall be paid in the form
of cash, cashiers check, or money order, or, only in the case of the Plumbing
Inspector Examination, in the form of a city check; License and Endorsement
Fees shall be paid in the form of cash, cashiers check, personal check (including
company check), or money order, or, only in the case of Plumbing Inspector's
License, in the form of a city check; and License and Endorsement renewal
fees shall be paid in the form of cash, cashiers check, personal check (including
company check), or money order, or, only in the case of the Plumbing Inspector
License, in the form of a city check.
Elsewhere in this issue of the
Texas Register
the Texas State Board of Plumbing Examiners is contemporaneously adopting
the review of Chapter 361. Administration, Subchapter A. General Provisions
(§§361.1-361.9), Subchapter B. Petition for Adoption of Rules (§§361.21-361.28)
and Subchapter C. Election of Board Officers, (§361.29). This review
is in accordance with the Appropriations Act of 1997, HB 1, Article IX, Section
167.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the authority of the Texas Revised
Civil Statutes Annotated Article 6243-101 ("Act"), §5(a), and §13(a)
(Vernon Supp. 1998). Section 5(a) of the Act authorizes, empowers and directs
the Board to prescribe, amend and enforce all rules and regulations necessary
to carry out the Act. Section 13(a) of the Act requires the Board to establish
fees that are reasonable and necessary to defray the cost of administering
the Act.
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 May
12, 1999.
TRD-9902748
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Effective date: June 1, 1999
Proposal publication date: March 26, 1999
For further information, please call: (512) 458-2145
22 TAC §361.7
The Texas State Board of Plumbing Examiners adopts the repeal
of §361.7, concerning Roster of Licenses, without changes to the proposed
text as published in the March 26, 1999, issue of the
Texas Register
(24 TexReg 2129) and will not be republished.
This section allows the Board to maintain and distribute a roster of licensees
and act as the repository for information regarding medical gas certification
companies when information has been submitted to the Board and the Board would
supply that information to any requestor.
The following is a restatement of the repeals' factual basis: The repeal
is part of the Board's intent to comply with House Bill Number 1, 75th Legislature,
Regular Session, 1998-1999, Article IX, §167, and the Board's rule review
plan, which requires the Board to complete a review of Chapter 361 of the
Board Rules by August 31, 1999. The repeal of §361.7 is due to the rule's
obsolescence. The Board no longer maintains a roster of licensees, but instead
maintains computer records of licensees and will, upon request for public
information, distribute a list of all or any licensees. The repository for
information regarding medical gas certification companies has been underutilized
since it was established in 1996. The Board has received information from
only two of the hundreds of companies in existence. The Board has received
no requests for that information.
Elsewhere in this issue of the
Texas Register
the Texas State Board of Plumbing Examiners is contemporaneously adopting
the review of Chapter 361. Administration, Subchapter A. General Provisions
(§§361.1-361.9), Subchapter B. Petition for Adoption of Rules (§§361.21-361.28)
and Subchapter C. Election of Board Officers, (§361.29). This review
is in accordance with the Appropriations Act of 1997, House Bill 1, Article
IX, §167.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the authority of Texas Revised Civil
Statutes Annotated Article 6243-101 ("Act"), §5(a) (Vernon Supp. 1998).
Section 5(a) of the Act authorizes, empowers and directs the Board to prescribe,
amend and enforce all rules and regulations necessary to carry out the Act.
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 May
12, 1999.
TRD-9902749
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Effective date: June 1, 1999
Proposal publication date: March 26, 1999
For further information, please call: (512) 458-2145
22 TAC §361.8
The Texas State Board of Plumbing Examiners adopts an amendment
to §361.8, concerning Forms and Materials, without changes to the proposed
text as published in the March 26, 1999, issue of the
Texas Register
(26 TexReg 2129) and will not be republished.
This rule incorporates by reference any rules contained in the forms used
by the Board to conduct business.
The following is a restatement of the rule's factual basis: The amendment
is part of the Board's intent to comply with House Bill Number 1, 75th Legislature,
Regular Session, 1998-1999, Article IX, §167, and the Board's rule review
plan, which requires the Board to complete a review of Chapter 361 of the
Board Rules by August 31, 1999. The amendment to §361.8 deletes superfluous
language, combines individual License and Endorsement Renewal forms into one
category and adds the
Supplemental Criminal History
Information,
form, the
Application for Nonstandard
Testing Accommodations
form including the
Physician or Licensed Health Care Provider
form to the list of required
forms. The
Supplemental Criminal History Information
form is currently being used by the Board to expedite approval or
denial of applicants with previous criminal convictions. The
Application for Nonstandard Testing Accommodations
form including the
Elsewhere in this issue of the
Texas Register
the Texas State Board of Plumbing Examiners is contemporaneously adopting
the review of Chapter 361. Administration, Subchapter A. General Provisions
(§§361.1-361.9), Subchapter B. Petition for Adoption of Rules (§§361.21-361.28)
and Subchapter C. Election of Board Officers, (§361.29). This review
is in accordance with the Appropriations Act of 1997, House Bill 1, Article
IX, §167.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Revised Civil Statutes Annotated
Article 6252-13c, §4(a), §4(b) and §4(c). Section 4(a) authorizes
a licensing authority to suspend or revoke an existing valid license, disqualify
a person from receiving a license, or deny to a person the opportunity to
be examined for a license because of a person's conviction of a felony or
misdemeanor if the crime directly relates to the duties and responsibilities
of the licensed occupation. Section 4(b) and §4(c) list what factors
should be considered when determining whether or not a crime relates to a
licensed occupation and when determining the fitness of an applicant with
past convictions. The amendment is also adopted under and effects Texas Revised
Civil Statutes Annotated Article 6243-101("Act"), §5(a), §8, (Vernon
Supp. 1998) and the rule it amends. Section 5(a) of the Act authorizes, empowers
and directs the Board to prescribe, amend and enforce all rules and regulations
necessary to carry out the Act. Section 8 of the Act directs the Board to
administer a uniform and reasonable examination to determine the fitness,
competency and qualifications of persons to engage in the business, trade
or calling of a master or journeyman plumber or plumbing inspector.
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 May
12, 1999.
TRD-9902750
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Effective date: June 1, 1999
Proposal publication date: March 26, 1999
For further information, please call: (512) 458-2145
22 TAC §361.9
The Texas State Board of Plumbing Examiners adopts an amendment
to §361.9, concerning Charges for Copies of Public Records, without changes
to the proposed text as published in the March 26, 1999, issue of the
This section provides for the rates that the Board may charge for requests
for public information.
The following is a restatement of the rule's factual basis: The amendment
is part of the Board's intent to comply with House Bill Number 1, 75th Legislature,
Regular Session, 1998-1999, Article IX, §167, and the Board's rule review
plan, which requires the Board to complete a review of Chapter 361 of the
Board Rules by August 31, 1999. The existing rule lists specific rates established
by the Board for various types of requests for public information. State agencies
are required to charge the fees established by the Public Information Act
and the General Services Commission. The amendment to §361.9 supports
that requirement and doesn't require that the Board amend the rule in the
event that the General Services Commission changes its rates.
Elsewhere in this issue of the
Texas Register
the Texas State Board of Plumbing Examiners is contemporaneously adopting
the review of Chapter 361. Administration, Subchapter A. General Provisions
(§§361.1-361.9), Subchapter B. Petition for Adoption of Rules (§§361.21-361.28)
and Subchapter C. Election of Board Officers, (§361.29). This review
is in accordance with the Appropriations Act of 1997, House Bill 1, Article
IX, §167.
No comments were received regarding adoption of the rule.
The amendment is adopted under Texas Government Code, Chapter
552.261 and Chapter 552.262. Chapter 552.261 generally outlines reasonable
charges for public information. Chapter 552.262 states the rules of the General
Services Commission for charges for public information. The amendment is also
adopted under and effects Texas Revised Civil Statutes Annotated Article 6243-101("Act"),
§5(a), (Vernon Supp. 1998) and the rule it amends. Section 5(a) of the
Act authorizes, empowers and directs the Board to prescribe, amend and enforce
all rules and regulations necessary to carry out the Act.
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 May
12, 1999.
TRD-9902751
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Effective date: June 1, 1999
Proposal publication date: March 26, 1999
For further information, please call: (512) 458-2145
22 TAC §361.25
The Texas State Board of Plumbing Examiners adopts an amendment
to §361.25, concerning Contested Cases, without changes to the proposed
text as published in the March 26, 1999, issue of the
Texas Register
(24 TexReg 2131) and will not be republished.
This section requires the Board to establish an enforcement committee,
outlines the make up of the committee and states the duties of the committee.
The following is a restatement of the rule's factual basis: The amendment
is part of the Board's intent to comply with House Bill Number 1, 75th Legislature,
Regular Session, 1998-1999, Article IX, Section 167, and the Board's rule
review plan, which requires the Board to complete a review of Chapter 361
of the Board Rules by August 31, 1999. The amendment to §361.25 allows
for more than one Board member to be assigned to the committee and deletes
the assistant attorney general position from the committee. The amendment
also clarifies that it is a responsibility of the committee to pursue cases
at the State Office of Administrative Hearings.
Elsewhere in this issue of the
Texas Register
the Texas State Board of Plumbing Examiners is contemporaneously adopting
the review of Chapter 361. Administration, Subchapter A. General Provisions
(§§361.1-361.9), Subchapter B. Petition for Adoption of Rules (§§361.21-361.28)
and Subchapter C. Election of Board Officers, (§361.29). This review
is in accordance with the Appropriations Act of 1997, HB 1, Article IX, Section
167.
No comments were received regarding adoption of the amendment.
The amendment is adopted under and effects Texas Revised Civil
Statutes Annotated Article 6243-101("Act"), §5(a), §9(c), §9(d),
(Vernon Supp. 1998) and the rule it amends. Section 5(a) of the Act authorizes,
empowers and directs the Board to prescribe, amend and enforce all rules and
regulations necessary to carry out the Act. Section 9(c) entitles a person
whose application for licensure has been denied, or whose license is proposed
to be suspended or revoked, to a hearing before Board. Section 9(d) states
the procedures that the Board must follow when proposing to refuse, suspend
or revoke a license.
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 May
12, 1999.
TRD-9902752
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Effective date: June 1, 1999
Proposal publication date: March 26, 1999
For further information, please call: (512) 458-2145
22 TAC §361.26
The Texas State Board of Plumbing Examiners adopts an amendment
to §361.26, concerning Contested Cases: Investigations, without changes
to the proposed text as published in the March 26, 1999, issue of the
This section provides for the Board to investigate complaints filed against
anyone who engages in plumbing and defines "written contract" and states the
requirements for Responsible Master Plumbers regarding written contracts.
The following is a restatement of the rule's factual basis: The amendments
are part of the Board's intent to comply with House Bill Number 1, 75th Legislature,
Regular Session, 1998-1999, Article IX, Section 167, and the Board's rule
review plan, which requires the Board to complete a review of Chapter 361
of the Board Rules by August 31, 1999. The amendment to §361.26 requires
that Responsible Master Plumbers include their Master Plumber License number
on all written contracts.
Elsewhere in this issue of the
Texas Register
the Texas State Board of Plumbing Examiners is contemporaneously adopting
the review of Chapter 361. Administration, Subchapter A. General Provisions
(§§361.1-361.9), Subchapter B. Petition for Adoption of Rules (§§361.21-361.28)
and Subchapter C. Election of Board Officers, (§361.29). This review
is in accordance with the Appropriations Act of 1997, HB 1, Article IX, Section
167.
No comments were received regarding adoption of the amendment.
The amendment is adopted under and effects Texas Revised Civil
Statutes Annotated Article 6243-101("Act"), §5(a), §8A(a), §8A(b),
§9(a), and §14, (Vernon Supp. 1998) and the rule it amends. Sec.
5(a) of the Act authorizes, empowers and directs the Board to prescribe, amend
and enforce all rules and regulations necessary to carry out the Act. Section
8A(a) authorizes the Board to conduct any investigations regarding alleged
violations of the Act by any licensed or unlicensed plumber. Section 8A(b)
requires the Board to maintain an information file about each complaint filed
with the Board relating to a licensee. Section 9(a) requires that the Board
take action to enforce the Act and Board Rules. Sec. 14 describes acts that
are prohibited under the Plumbing License Law and sets out actions that the
Board may take to enforce the Act. Section 5(a), §8A(a), §8A(b),
§9(a), and §14 charge the Board with carrying out and enforcing
the Act. When violations of the Act or Board Rules are found, the proposed
rule amendment enables the Board to have a procedure for identifying the responsible
individuals, in order that the Board can comply with its charge to enforce
the Act and Board Rules.
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 May
12, 1999.
TRD-9902753
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Effective date: June 1, 1999
Proposal publication date: March 26, 1999
For further information, please call: (512) 458-2145
22 TAC §361.27
The Texas State Board of Plumbing Examiners adopts an amendment
to §361.27, concerning Rules of Practice and Procedure without changes
to the proposed text as published in the March 26, 1999, issue of the
This section sets out the rules that the Board and contestants shall follow
when a case has been contested.
The following is a restatement of the rule's factual basis: The amendment
is part of the Board's intent to comply with House Bill Number 1, 75th Legislature,
Regular Session, 1998-1999, Article IX, Section 167, and the Board's rule
review plan, which requires the Board to complete a review of Chapter 361
of the Board Rules by August 31, 1999. The amendment to §361.27 does
not alter the manner in which contested cases are handled, but changes language
to clarify that the Board is required to give clear advanced notice of the
Board's entitlement to a continuance in a contested case, in the event that
an individual fails to file a timely appearance. The amendment replaces the
language "petitioner" with "Board" to clarify that the party that would petition
for default judgement is the Board.
Elsewhere in this issue of the
Texas Register
the Texas State Board of Plumbing Examiners is contemporaneously adopting
the review of Chapter 361. Administration, Subchapter A. General Provisions
(§§361.1-361.9), Subchapter B. Petition for Adoption of Rules (§§361.21-361.28)
and Subchapter C. Election of Board Officers, (§361.29). This review
is in accordance with the Appropriations Act of 1997, HB 1, Article IX, Section
167.
No comments were received regarding adoption f the amendment.
The amendment is adopted under and effects Texas Revised Civil
Statutes Annotated Article 6243-101("Act"), §5(a) and §9(c) and
§9(d), (Vernon Supp. 1998) and the rule it amends. Section 5(a) of the
Act authorizes, empowers and directs the Board to prescribe, amend and enforce
all rules and regulations necessary to carry out the Act. Section 9(c) entitles
a person whose application for licensure has been denied, or whose license
is proposed to be suspended or revoked, to a hearing before Board. Section
9(d) states the procedures that the Board must follow when proposing to refuse,
suspend or revoke a license. The amendment is also proposed under the Administrative
Procedure Act and the State Office of Administrative Hearings Rules of Practice
and Procedure, Title 1, Part VII, Chapters 155-163.
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 May
12, 1999.
TRD-9902754
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Effective date: June 1, 1999
Proposal publication date: March 26, 1999
For further information, please call: (512) 458-2145
22 TAC §361.29
The Texas State Board of Plumbing Examiners adopts an amendment
to §361.29, concerning Election of Board Officers, without changes to
the proposed text as published in the March 26, 1999, issue of the
Texas Register
(24 TexReg 2134) and will not be republished.
This section requires the Board to elect officers and sets out the terms
of office for the officers,
The following is a restatement of the rule's factual basis: The amendment
is part of the Board's intent to comply with House Bill Number 1, 75th Legislature,
Regular Session, 1998-1999, Article IX, Section 167, and the Board's rule
review plan, which requires the Board to complete a review of Chapter 361
of the Board Rules by August 31, 1999. The amendment to §361.29 requires
that, in the event of an office vacancy, a special election will be held at
the next regularly scheduled board meeting to fill the office for the unexpired
term.
Elsewhere in this issue of the
Texas Register
the Texas State Board of Plumbing Examiners is contemporaneously adopting
the review of Chapter 361. Administration, Subchapter A. General Provisions
(§§361.1-361.9), Subchapter B. Petition for Adoption of Rules (§§361.21-361.28)
and Subchapter C. Election of Board Officers, (§361.29). This review
is in accordance with the Appropriations Act of 1997, HB 1, Article IX, Section
167.
No comments were received regarding adoption of the amendment.
The amendment is adopted under and effects Texas Revised Civil
Statutes Annotated Article 6243-101("Act"), §5(a), (Vernon Supp. 1998)
and the rule it amends. Section 5(a) of the Act authorizes, empowers and directs
the Board to elect officers and to prescribe, amend and enforce all rules
and regulations necessary to carry out the Act.
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 May
12, 1999.
TRD-9902755
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Effective date: June 1, 1999
Proposal publication date: March 26, 1999
For further information, please call: (512) 458-2145
22 TAC §363.1
The Texas State Board of Plumbing Examiners adopts an amendment
to §363.1, concerning Qualifications, without changes to the proposed
text as published in the March 26, 1999, issue of the
Texas Register
(24 TexReg 2134) and will not be republished.
This section specifies the requirements for all examinations.
The following is a restatement of the rule's factual basis: Section 363.1
currently requires applicants for the Plumbing Inspector Examination, that
are not licensed by the Board as a Master Plumber or Journeyman Plumber, to
receive an approved plumbing code certification prior to being examined for
the Plumbing Inspector Examination. The amendment requires unlicensed applicants
for the Plumbing Inspector Examination to meet additional prerequisites that
will insure, prior to examination, that the applicant has the background training
to have an understanding of correct plumbing installations necessary for the
protection of the public's health and safety when performing plumbing inspections.
The amendment allows for the applicant's training to be obtained in any one
of four methods:
(1) have completed 5,000 hours of experience working at the plumbing trade
or similar skilled work experience and technological training combined to
equal 5,000 hours as verified by employers, or;
(2) have completed 500 hours of on-the-job training in enforcement of plumbing
codes, supervised under a Licensed Plumbing Inspector, plus 28 hours of approved
training academy or educational sessions, or;
(3) be licensed as a plumbing inspector by another state with licensing
requirements substantially equivalent to the licensing requirements of the
Texas State Board of Plumbing Examiners, or;
(4) be licensed by the State of Texas as an architect or engineer.
No comments were received regarding adoption of the amendment.
The amendment is adopted under and effects Texas Revised Civil
Statutes Annotated Article 6243-101, ("Act"), §2(5), §5(a), (Vernon
Supp. 1998) and the rule it amends. Section 2(5) of the Act states that a
Plumbing Inspector must successfully fulfill the examinations and requirements
of the Board. Section 363.1 and the adopted amendments to it are Board requirements
for examination. Section 5(a) of the Act authorizes, empowers and directs
the Board to prescribe, amend and enforce all rules and regulations necessary
to carry out the Act. Section 5(a) also directs the Board to employ an examiner
whose duties shall be to examine, as to their fitness and qualifications,
all persons applying to the Board for licenses to serve as a Plumbing Inspector.
Section 363.1 and the adopted amendments to it set forth the qualifications
for examination as a Plumbing Inspector.
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 May
12, 1999.
TRD-9902756
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Effective date: June 1, 1999
Proposal publication date: March 26, 1999
For further information, please call: (512) 458-2145
22 TAC §365.3
The Texas State Board of Plumbing Examiners adopts an amendment
to §365.3, concerning License Qualifications, without changes to the
proposed text as published in the March 26, 1999, issue of the
Texas Register
(24 TexReg 2135) and will not be republished.
This section lists qualifications for licensing, including the minimum
trade experience requirements to be met by Plumber's Apprentices and the method
for certification of trade experience requirements.
The following is a restatement of the rule's factual basis: The amendment
will reduce the number of hours in each of the six trade experience categories
in order that the total number of hours equals the 6,000 hours experience
at the trade that is required under Board Rule, Section 363.1(b)(2)(A). The
amendment also requires that a licensee complete the Employer's Certification
form within 30 days of a request by any individual who has worked as a Plumber's
Apprentice under the licensee's supervision, in order to certify the number
of trade experience hours completed by the Plumber's Apprentice.
No comments were received regarding adoption of the amendment.
The amendment is adopted under and effects Texas Revised Civil
Statutes Annotated Article 6243-101 ("Act"), §5(a), §11, (Vernon
Supp. 1998) and the long standing rule it amends. Section 5(a) of the Act
authorizes, empowers and directs the Board to prescribe, amend and enforce
all rules and regulations necessary to carry out the Act. Section 11 of the
Act states that the Board may prescribe in its Rules the length of time that
a Plumber's Apprentice must work at the business, trade, or calling prior
to being allowed to take the Journeyman Plumber Examination. In considering
what determines the business, trade, or calling of plumbing, the Board has
outlined, in §365.3, the specific categories of plumbing that are considered
to be important when training for the plumbing trade and the specific length
of training time that should be devoted to each category.
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 May
12, 1999.
TRD-9902757
Robert L. Maxwell
Chief of Field Services/Investigation
Texas State Board of Plumbing Examiners
Effective date: June 1, 1999
Proposal publication date: March 26, 1999
For further information, please call: (512) 458-2145
22 TAC §365.12
The Texas State Board of Plumbing Examiners adopts an amendment
to §365.12, concerning Licensing of Persons with Criminal Backgrounds,
without changes to the proposed text as published in the March 26, 1999, issue
of the
Texas Register
(24 TexReg 2136) and
will not be republished.
This section specifies the procedures for licensing and examining persons
with past criminal convictions and lists what crimes that the Board considers
to be directly related to the duties and responsibilities of licensed plumbers
and plumbing inspectors.
The following is a restatement of the rule's factual basis: The amendment
adds the following crimes to the list that the Board considers to be directly
related to the duties and responsibilities of licensees:
"Multiple convictions of driving while intoxicated".
In order to carry out their duties and responsibilities, licensed plumbers
and plumbing inspectors are often required to drive vehicles to job sites
to perform plumbing work or plumbing inspections. In the case of licensed
plumbing inspectors and licensed plumbers that perform plumbing repairs, driving
city or company owned vehicles is an important part of carrying out their
duties and responsibilities. It is part of the duties and responsibilities
of licensed plumbers and plumbing inspectors to make sound decisions that
affect the health and safety of the citizens while performing plumbing work
or inspecting plumbing work. Multiple convictions of DWI may indicate a problem
with alcohol abuse other than strictly while driving. For these reasons, individuals
that demonstrate a pattern of recent, repeat DWI convictions may pose a threat
to the health, safety and welfare of the citizens if allowed to attempt to
carry out the duties and responsibilities of licensed plumbers or licensed
plumbing inspectors. Additionally, licensed plumbers and inspectors are required
to abide the Plumbing License Law, municipal ordinances and other laws related
to plumbing. Individuals that repeatedly violate state laws may be demonstrating
a propensity for violating plumbing related laws and those individuals should
come under careful review to determine whether or not they should be licensed
by the Board.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Revised Civil Statutes Annotated
Article 6252-13c, §4(a), §4(b) and §4(c). Section 4(a) authorizes
a licensing authority to suspend or revoke an existing valid license, disqualify
a person from receiving a license, or deny to a person the opportunity to
be examined for a license because of a person's conviction of a felony or
misdemeanor if the crime directly relates to the duties and responsibilities
of the licensed occupation. Section 4(b) and §4(c) list what factors
should be considered when determining whether or not a crime relates to a
licensed occupation and when determining the fitness of an applicant with
past convictions. The amendment is also adopted under and effects Texas Revised
Civil Statutes Annotated Article 6243-101("Act"), §5(a), §8, (Vernon
Supp. 1998) and the rule it amends. Section 5(a) of the Act authorizes, empowers
and directs the Board to prescribe, amend and enforce all rules and regulations
necessary to carry out the Act. Section 8 of the Act directs the Board to
administer a uniform and reasonable examination to determine the fitness,
competency and qualifications of persons to engage in the business, trade
or calling of a Master or Journeyman Plumber or Plumbing Inspector.
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 May
12, 1999.
TRD-9902758
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Effective date: June 1, 1999
Proposal publication date: March 26, 1999
For further information, please call: (512) 458-2145
Chapter 461.
General Rulings
22 TAC §§461.2, 461.4-461.9, 461.11, 461.14, 461.15
The Texas State Board of Examiners of Psychologists adopts
amendments to §§461.2, 461.4-461.9, 461.11, 461.14, and 461.15,
concerning General Rulings, without changes to the proposed text as published
in the March 12, 1999, issue of the
Texas Register
(24 TexReg 1723).
The rules are being amended to reorganize and clarify the rules of the
Board.
The amended rules will make the rules easier for licensees and the general
public to follow and understand.
No comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Civil Statutes, 4512c,
which provide the Texas State Board of Examiners of Psychologists with the
authority to promulgate rules consistent with the Statute.
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 May
14, 1999.
TRD-9902797
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 3, 1999
Proposal publication date: March 12, 1999
For further information, please call: (512) 305-7700
22 TAC §461.3
The Texas State Board of Examiners of Psychologists adopts
new §461.3, concerning Former Board Members, without changes to the proposed
text as published in the March 12, 1999, issue of the
Texas Register
(24 TexReg 1725).
The rule is being adopted to reorganize and clarify the rules of the Board.
The new rule will make the rules easier for licensees and the general public
to follow and understand.
No comments were received regarding the adoption of the new rule.
The new rule is adopted under Texas Civil Statutes, 4512c, which
provide the Texas State Board of Examiners of Psychologists with the authority
to promulgate rules consistent with the Statute.
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 May
14, 1999.
TRD-9902798
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 3, 1999
Proposal publication date: March 12, 1999
For further information, please call: (512) 305-7700
22 TAC §§461.10, 461.12, 461.17-461.30
The Texas State Board of Examiners of Psychologists adopts
the repeal of §§461.10, 461.12, 461.17-461.30, concerning General
Rulings, without changes to the proposed text published in the March 12, 1999,
issue of the
Texas Register
(24 TexReg 1725).
These rules are being repealed in order to reorganize the rules of the
Board.
The repeals of these rules will make the rules easier for licensees and
the general public to follow and understand.
No comments were received regarding repeal of the rules.
The repeal is adopted under Texas Revised Civil Statutes, 4512c,
which provide the Texas State Board of Examiners of Psychologists with the
authority to promulgate rules consistent with the Statute.
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 May
14, 1999.
TRD-9902799
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 3, 1999
Proposal publication date: March 12, 1999
For further information, please call: (512) 305-7700
22 TAC §461.31
The Texas State Board of Examiners of Psychologists adopts
an amendment to Board Rule §461.31, concerning Psychological Associate
Advisory Committee (the PAAC), with changes to the proposed text as published
in the March 12, 1999, issue of the
Texas Register
(24 TexReg 1726). The rule is being changed due to a format error,
but the rule itself is not changed.
The rule is being amended to ensure compliance with the statutory mandate
of Texas Government Code, §§2110.001-2110.008, by stating the purpose
and describing the tasks of the Committee and by clarifying the manner in
which the Committee reports to the Agency.
The amendment will ensure that the Psychological Associate Advisory Committee
has a clearly stated purpose and definitive tasks, as required by §2110.005,
and will ensure that all workings of the Committee are presented to the Agency
in a timely manner.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, 4512c, which
provide the Texas State Board of Examiners of Psychologists with the authority
to promulgate rules consistent with the Statute.
§461.31.Psychological Associate Advisory Committee (the PAAC).
The PAAC is an advisory committee to the Board. In compliance with
Texas government code, Title 10, Chapter 2110, pertaining to state agency
advisory committees, the following provisions are established by rule.
(1)
The PAAC's purpose is to develop and recommend for Board
consideration rules pertaining to psychological associates, as provided in
§19A of the Act.
(2)
The PAAC has seven tasks which are demarcated in §19A(l)
of the Act.
(3)
The PAAC reports directly to the Board. The PAAC shall
designate one of its members to present a recommended rule, the PAAC's rationale
for the rule, and any supporting materials, to the Board either orally or
in writing at a regularly scheduled meeting of the Board.
(4)
In conjunction with the agency's budgeting process,
the Board shall annually evaluate the PAAC on measures required by Chapter
2110.006 of the Government Code.
(5)
The abolition date for the PAAC is set for September
1, 2005.
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 May
14, 1999.
TRD-9902800
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 3, 1999
Proposal publication date: March 12, 1999
For further information, please call: (512) 305-7700
22 TAC §§462.1-462.14
The Texas State Board of Examiners of Psychologists adopts
a new Chapter 462, §§462.1-462.14, concerning Complaints and Enforcement,
without changes to the proposed text as published in the March 12, 1999, issue
of the
Texas Register
(24 TexReg 1727). The
text of the rules will not be republished.
The rules are being adopted to reorganize and clarify the rules of the
Board.
The new rules will make the rules easier for licensees and the general
public to follow and understand.
No comments were received regarding the adoption of the new rule.
The new rules are adopted under Texas Civil Statutes, 4512c,
which provide the Texas State Board of Examiners of Psychologists with the
authority to promulgate rules consistent with the Statute.
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 May
14, 1999.
TRD-9902801
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 3, 1999
Proposal publication date: March 12, 1999
For further information, please call: (512) 305-7700
22 TAC §§465.1, 465.2, 465.7, 465.10, 465.11, 465.13, 465.14, 465.22, 465.23, 465.33, 465.36
The Texas State Board of Examiners of Psychologists adopts
the repeal of §§465.1-465.2, 465.7, 465.10-465.11, 465.13-465.14,
465.22-465.23, 465.33, and 465.36, concerning Rules of Practice, without changes
to the proposed text published in the January 22, 1999, issue of the
These rules are being repealed in order to reorganize and clarify the rules
of the Board.
The repeals of these rules will make the rules easier for licensees and
the general public to follow and understand.
No comments were received regarding repeal of the rules.
The repeal is adopted under Texas Revised Civil Statutes, 4512c,
which provide the Texas State Board of Examiners of Psychologists with the
authority to promulgate rules consistent with the Statute.
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 May
14, 1999.
TRD-9902802
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 3, 1999
Proposal publication date: January 22, 1999
For further information, please call: (512) 305-7700
22 TAC §§465.1, 465.2, 465.5-465.10, 465.12-465.22, 465.25, 465.26, 465.29, 465.32-465.35, 465.37
The Texas State Board of Examiners of Psychologists adopts
new §§465.1, 465.2, 465.5-465.10, 465.12-465.22, 465.25-465.26,
465.29, 465.32-465.35, and 465.37, concerning Rules of Practice, without changes
to the proposed text as published in the January 22, 1999, issue of the
The rules are being adopted to reorganize and clarify the rules of the
Board.
The new rules will make the rules easier for licensees and the general
public to follow and understand. In addition, rule §465.12 will ensure
that all licensees who provide psychological services shall inform clients
and patients concerning their right to confidentiality, as well as any foreseeable
limitations of that right. Additionally, the rule delineates the rules and
requirements imposed on licensees before records and confidential information
can be properly released or disclosed to a third party.
No comments were received regarding the adoption of the new rules by groups
or associations, only by an individual licensee of the Board.
Comment: One comment was received from an individual licensee supporting
adoption of new rule §465.18. One written comment was received from an
individual licensee regarding rule §465.12 wherein the licensee expressed
concern with regard to subsection (h) of the rule which provides "licensees
shall not require a patient or client to waive a legal right to confidentiality
as a condition of providing services.: Specifically, the comment addressed
the possibility that patients examined by a psychologist at the request of
a third party (i.e., as a condition of employment) might be unwilling to waive
their right to confidentiality until it was first determined whether the examination
was favorable to them.
Response: Pursuant to Board rule §465.36(c)(1)(U)(i) and current proposed
rule §465.11, a psychologist who provides services at the request of
a third party must clarify, at the outset of the service, the nature of the
relationship with each party. The psychologist is also required to clarify
his or her role in the situation, the probable uses of the information obtained
and the fact that there may be limits on confidentiality. Rule §465.36(c)(1)(U)(ii)
further states "If there is a foreseeable risk of the psychologist's being
called on to perform conflicting roles because of the involvement of a third
party, the psychologist clarifies the nature and direction of his or her responsibilities,
keeps all parties appropriately informed as matters develop, and resolves
the situation in accordance with this Ethics Code." Additionally, §465.36(c)(1)(U)
and current proposed rule §465.11 address the specific issue of confidentiality
and the existence of an interested third party.
The new rules are adopted under Texas Civil Statutes, 4512c,
which provide the Texas State Board of Examiners of Psychologists with the
authority to promulgate rules consistent with the Statute.
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 May
14, 1999.
TRD-9902803
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 3, 1999
Proposal publication date: January 22, 1999
For further information, please call: (512) 305-7700
22 TAC §§465.3, 465.27, 465.30
The Texas State Board of Examiners of Psychologists adopts
amendments to §§465.3, 465.27, and 465.30, concerning Rules of Practice,
without changes to the proposed text as published in the January 22, 1999,
issue of the
Texas Register
(24 TexReg 362).
The rules are being amended to reorganize and clarify the rules of the
Board.
The amended rules will make the rules easier for licensees and the general
public to follow and understand.
No comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Civil Statutes, 4512c,
which provide the Texas State Board of Examiners of Psychologists with the
authority to promulgate rules consistent with the Statute.
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 May
14, 1999.
TRD-9902805
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 3, 1999
Proposal publication date: January 22, 1999
For further information, please call: (512) 305-7700
22 TAC §465.11
The Texas State Board of Examiners of Psychologists adopts
new §465.11, concerning Informed Consent/Describing Psychological Services,
with changes to the proposed text as published in the January 22, 1999, issue
of the
Texas Register
(24 TexReg 355). The
rule is being changed due to a typographical error in subsection (b) wherein
the word reasonable was changed to reasonably.
The rule is being adopted to reorganize and clarify the rules of the Board.
The new rule will make the rules easier for licensees and the general public
to follow and understand.
No comments were received regarding the adoption of the new rule.
The new rule is adopted under Texas Civil Statutes, 4512c, which
provide the Texas State Board of Examiners of Psychologists with the authority
to promulgate rules consistent with the Statute.
§465.11.Informed Consent/Describing Psychological Services.
(a)
Licensees obtain informed consent concerning all services
they intend to provide to the patient, client or other recipient(s) of the
psychological services prior to initiating the services, using language that
is reasonably understandable to the recipients unless consent is precluded
by applicable federal or state law.
(b)
Licensees provide appropriate information as needed during
the course of the services about changes in the nature of the services to
the patient client or other recipient(s) of the services using language that
is reasonably understandable to the recipient to ensure informed consent.
(c)
Licensees provide appropriate information as needed, during
the course of the services to the patient client and other recipient(s) and
afterward if requested, to explain the results and conclusions reached concerning
the services using language that is reasonably understandable to the recipient(s).
(d)
When a licensee agrees to provide services to a person,
group or organization at the request of a third party, the licensee clarifies
to all of the parties the nature of the relationship between the licensee
and each party at the outset of the service and at any time during the services
that the circumstances change. This clarification includes the role of the
licensee with each party, the probable uses of the services and the results
of the services, and all potential limits to the confidentiality between the
recipient(s) of the services and the licensee.
(e)
When a licensee agrees to provide services to several persons
who have a relationship, such as spouses, couples, parents and children, or
in group therapy, the licensee clarifies at the outset the professional relationship
between the licensee and each of the individuals involved, including the probable
use of the services and information obtained, confidentiality, expectations
of each participant, and the access of each participant to records generated
in the course of the services.
(f)
At any time that a licensee knows or should know that he
or she may be called on to perform potentially conflicting roles (such as
martial counselor to husband and wife, and then witness for one party in a
divorce proceeding), the licensee explains the potential conflict to all affected
parties and adjusts or withdraws from all professional services in accordance
with Board rules and applicable state and federal law.
(g)
When persons are legally incapable of giving informed consent,
licensees obtain informed consent from any individual legally designated to
provide substitute consent.
(h)
When informed consent is precluded by law, the licensee
describes the nature and purpose of all services, as well as the confidentiality
of the services and all applicable limits thereto, that he or she intends
to provide to the patient, client, or other recipient(s) of the psychological
services prior to initiating the services using language that is reasonably
understandable to the recipient(s).
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 May
14, 1999.
TRD-9902804
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 3, 1999
Proposal publication date: January 22, 1999
For further information, please call: (512) 305-7700
22 TAC §473.4
The Texas State Board of Examiners of Psychologists adopts
an amendment to §473.4, concerning Late Fees for Renewals, without changes
to the proposed text as published in the January 22, 1999, issue of the
This rule is being amended in order to attain consistency with the Psychologists'
Licensing Act, which sets the basis for determining late fee amounts.
The amended rule will ensure consistency with the Psychologists' Licensing
Act.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, 4512c, which
provide the Texas State Board of Examiners of Psychologists with the authority
to promulgate rules consistent with the Statute.
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 May
14, 1999.
TRD-9902806
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 3, 1999
Proposal publication date: January 22, 1999
For further information, please call: (512) 305-7700
Chapter 781.
Social Worker Licensure
The Texas State Board of Social Worker Examiners (board) adopts amendments
to §§781.101 - 781.102 , 781.202, 781.206, 781.301 - 781.302, 781.307
- 781.312, 781.315, 781.401- 781.402, 781.503, 781.506, 781.508 - 781.509,
781.513, 781.602 - 781.603, 781.702 - 781.703, the repeal of §§781.604
- 781.608, and new §§781.604 - 781.610, and new §§781.801-781.807
concerning the licensing and regulation of licensed social workers. Sections
781.102, 781.301 - 781.302, 781.312, 781.402, 781.509, 781.602, 781.604 -
781.605, 781.609, 781.802 - 781.804, and 781.806 are adopted with changes
to the proposed text as published in the November 20, 1998 issue of the
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) (APA). Sections 781.101,
781.102, 781.202, 781.206, 781.301, 781.302, 781.307-781.312, 781.315, 781.401,
781.402, 781.503, 781.506, 781.508, 781.509, 781.513, 781.602-781.608, 781.702,
and 781.703 have been reviewed and the board determined that reasons for readopting
the sections continue to exist. The board has made minor grammatical changes
due to staff comments throughout the published sections for better clarification
and accuracy.
The board published a Notice of Intention to Review Chapter 781 as required
by Rider 167 in the Texas Register on May 29, 1998 (23 TexReg 5742). No comments
were received on the publication of the notice and intent to review the rules.
Section 781.101(c) is amended to add clarification for those persons who
are exempt from this chapter as long as they do not directly or indirectly
represent themselves as social workers.
Section 781.102 is amended by adding the following definitions: "Dual relationship",
"Fraud", and "Sexual contact" to help clarify the current rules in effect
and the definition "Flagrant" was amended for grammatical purposes. The definition
"Professional social work practice" is amended to include the terms "case
management" and "supervision of social work services" to make it clear that
these services fall within the definition of social work practice.
Section 781.202(d) is amended to make it clear that the chairperson has
the option of inviting comments from the public on any agenda item and 781.206(a)
is amended by having only the chairperson sign the approved board minutes.
Section 781.301(a)(3)(A), (B), (C) and (D) are amended by requiring licensed
social workers (LSW), licensed master social workers (LMSW), licensed master
social worker-advanced clinical practitioners (LMSW-ACP) or licensed master
social worker-advanced practitioner (LMSW-AP) to provide the required supervision
for the social work associate (SWA) applicants, indicates the time frames
for accepting applications of those who obtained their supervision under the
old rules of allowing SWA's to provide the required supervision, and requiring
documentation of 6 hours in social work values, ethics and standards of practice.
Section 780.301(a)(4)(C) and (5)(C) are amended to recognize and accept clinical
and non-clinical supervision from outside the profession in other states where
it is allowed by the rules governing that state's requirement for meeting
the post graduate clinical and non-clinical supervision. Section 781.301(b)(3)
and (4) are amended to add additional clarification on the issue of what constitutes
"private independent practice."
Section 781.302(b)(3)(B) is amended to give a time frame for the acceptance
of graduate course in supervision for those persons applying to be an approved
supervisor.
Section 781.307(a) is amended to allow the board the authority to deny
an application for license renewal for the same reasons that the board has
the authority to deny an application for licensure and §781.307(a)(2)
is amended to allow the board to deny an application for licensure or license
renewal if the applicant or licensee has made any misrepresentation on any
materials submitted to the board. Section 781.307(b) is amended for grammatical
purposes only.
Section 781.308(j) is deleted due to the board not having any reciprocity
agreements with any other states.
Section 781.309(a)(3) is amended to require those licensees who hold a
temporary license to inform their clients of that fact and to use the word
"temporary" following their license title in all professional uses of the
licensee's name.
Section 781.310(d) is amended to allow individuals licensed in another
state who were not required to take an examination to be licensed in Texas
without an examination if the applicant was licensed prior to January 1, 1986.
Section 781.311(a)(4) is amended to only allow LSW's, LMSW's, LMSW-ACP's
and LMSW- AP's to provide the required supervision for the alternate method
of examination program.
Section 781.312(f) is amended to give guidance to those social workers
who are offering social work services over the Internet.
Section 781.315(a)(2) is amended to inform licensees that if they surrender
their license in lieu of disciplinary action that it is effective immediately,
they are no longer allowed to use the license title or represent themselves
in any form as a social worker; and the board will ratify the surrender at
its next scheduled meeting.
Section 781.401(a)(3) is amended to ensure licensees provide only those
services that fall within the acceptable standards of practice.
Section 781.402(g) is amended to give more guidance in the area of dual
relationships. Section 781.402(z) is amended to prohibit the license certificate
from being reproduced. Section 781.402(hh) is added to give guidance for those
licensees who barter for services and §781.402(ii) informs licensees
that it is prohibited to receive or give anything of value for the referral
of a client.
Section 781.503(d) is amended to add clarification of the requirements
for license renewal and §781.503(f) have the same requirements for license
renewal even if a licensee's license has been recommended for disciplinary
action.
Section 781.506(d) is amended to allow a person on emeritus status to reactivate
their license at anytime without having to retest.
Section 781.508(b) is amended to require all licensees to take three hours
of continuing education in ethics each year.
Section 781.509(5) is amended to allow continuing education credit for
providing supervision to a person who is obtaining licensure through the alternate
method of examination.
Section 781.513(7) is amended to inform the licensees about the boards
policy that continuing education obtained during their birth month can be
used for the current renewal or the next year's renewal.
Section 781.602(a) is amended to comply with a statutory change in the
Human Resources Code, Chapter 50, §50.021(a) which allows the board to
suspend a license on an emergency basis if a complaint is received that a
licensee is engaging in acts that pose an immediate and significant threat
of physical or emotional harm to the public. Section 781.602(a)(7) is amended
by allowing the board to take disciplinary action against a licensee based
on disciplinary action that has been taken by another regulatory board. Section
781.602(b) is amended to ensure the board mails the notice of violation letter
to the licensee or representative by certified mail return receipt requested
or registered mail before taking disciplinary action against a licensee. The
notice of violation letter will contain the facts or the conduct that warrants
the proposed disciplinary action, the severity level from the sanction guide
and the licensee will be given the opportunity to show compliance with the
law or rules. Section 781.602(c) is amended to inform the licensee or applicant
in the notice of violation letter that they have 10 days to respond or their
right to a hearing shall be waived and the license or recognition shall be
denied, revoked, suspended, probated, or reprimanded. Section 781.602(g) is
amended by deleting this section since a reprimand is considered a formal
disciplinary action and the licensee would have the right to appeal this disciplinary
action as specified by the Administrative Procedures Act.
Section 781.603(b) is amended to change the name of the complaints committee
to the "ethics" committee. This change more accurately reflects its area of
responsibility. All other subsections of the text have been changed to reflect
this change. Section 781.603(d) is amended in order to comply with new language
added to the Government Code, Chapter 774 on making referrals to other appropriate
licensing boards if a complaint is received by this board. Section 781.603(g)
is amended requiring the office of investigations or the investigator to receive
approval from the ethics committee or the executive director before making
reports to law enforcement agencies if an alleged criminal act is discovered
during an investigation. Section 781.603(p) is amended to meet the new statutory
requirement for suspending a license on an emergency basis, if credible information
is obtained that the licensee is engaging in acts that pose an immediate and
significant threat of physical or emotional harm to the public.
Sections 781.604 - 781.608 are being repealed to renumber the sections
in order to follow the necessary steps for the complaints and violations procedures.
Also, there is new language in new §781.604 Ethics Committee Meetings
and Policy and §781.605 Informal Hearing Meetings. New sections 781.606-781.610
contain rule text with some changes that were previously in the repealed §§781.604-781.608.
New §§781.604 and 781.605 are adopted to establish structure
and guidance to the ethics committee while conducting its normal business
during its meeting. Section 781.605 also gives guidance to the ethics committee,
the social worker and the complainant when an informal hearing has been requested
or scheduled.
New §781.608 is adopted to establish a process if a licensee agrees
to the disciplinary action proposed by the ethics committee.
Section 781.703 is amended to comply with new rules promulgated by the
State Office of Administrative Hearings (SOAH) concerning defaults.
New sections 781.801 - 781.807, Subchapter H, Sanction Guidelines, are
added to comply with the Texas Professional Social Work Act, Human Resource
Code, Chapter 50, §50.022(c) which requires the board to adopt a broad
schedule of sanctions for violations of the law and rules governing social
work practice. No two disciplinary cases are the same. This schedule is not
intended as a substitute for thoughtful consideration of each individual disciplinary
matter. The schedule will be used by SOAH when imposing any sanction as a
result of an administrative hearing. Specifically, this subsection covers
the purpose, relevant factors, severity levels and the sanction guide, other
disciplinary actions, SOAH, probation requirements, and the release from probation.
The following comments were received concerning the proposed sections.
Following each comment is the board's response and any resulting change(s).
COMMENT: Concerning §781.102(33), the of definition "Sexual contact",
a commenter recommended that the phrase "...with intent to arouse or gratify
the sexual desire of any person" be deleted because the intent to arouse or
gratify is difficult to prove and certainly leaves an argument open to those
offenders that say they did not intend or were not aroused by the mere touching.
RESPONSE: The board agrees and amended the definition as recommended by
the commenter.
COMMENT: Concerning §781.102(30), a commenter was in favor of adding
the term "Case management" to the definition of "Professional social work
practice".
RESPONSE: The board appreciates the positive feedback from this commenter.
No change was made as a result of comment.
COMMENT: Concerning the proposed language in §781.302(a)(4), thirteen
commenters stated that they strongly disagreed with the proposed change of
allowing a portion of the required ACP/AP supervision to be provided by a
non-social worker.
RESPONSE: The board agrees and has deleted the proposed language in §781.302(a)(4)
allowing non-social workers to provide a portion of the required supervision
under special circumstances for those LMSW's who are obtaining the required
supervision for the specialty recognition as an ACP or AP.
COMMENT: Concerning the proposed language in §781.302(a)(4), one commenter
was in favor of allowing non-social to workers to provide a portion of the
required supervision for those persons working towards the specialty recognition
of ACP or AP.
RESPONSE: Due to the number of comments received on this issue, the board
is deleting the proposed text in §781.302(a)(4).
COMMENT: Concerning §781.302(b)(3)(B), a commenter stated that her
interpretation of this rule requires the course to be taken at a college or
university, which would cause a hardship because the licensee "may be required
to take the GRE" and have to pay "stiff tuition fees" instead of being able
to take the course for Pass/Fail credit.
RESPONSE: The board believes that this commenter may be confused as to
the eligibility criteria for becoming a board approved supervisor. Taking
a college course in supervision while in graduate school is one of the ways
a person can become an approved supervisor. They can also take an approved
supervision course that is approved by the board, some of which are taught
at the universities, but others not. A LMSW-ACP who wishes to become a board
approved supervisor needs to meet only one of the four criteria not all of
the criteria. No change was made as a result of comment.
COMMENT: Concerning §781.508(b), four commenters agreed with changing
the ethics requirement to be the same for all licensees at the time of renewal.
All of the commenters felt that the current rule requiring SWA's to obtain
six hours of ethics instead of three was unjust.
RESPONSE: The board appreciates the commenters response, but, this type
of reaction has been common among the SWA's, according to board staff and
this is why the board thought it would be more appropriate to make it a part
of the eligibility requirements for obtaining a SWA license. No change was
made as a result of comments.
COMMENT: Concerning §781.508(b), two commenters disagree with changing
the ethics requirement for SWA's. These commenters expressed concern that
SWA's needed this additional training in ethics due to SWA's not having the
formal education and training in social work.
RESPONSE: The board also has this same concern of the commenters, but felt
that making the ethics a requirement for licensure was a logical place to
have SWA applicants document minimum competency in the area of social work
values and ethics prior to being licensed. No change was made as a result
of this comment.
COMMENT: Concerning §781.508(b), one commenter suggested that the
continuing education in ethics not be required annually, but every three years.
RESPONSE: The board disagrees with this commenter, ethics are compromised
or breached each day by ourselves or by our co-workers and colleagues. Ethics
and newly identified ethical dilemmas occur daily within the social work and
mental health field due to many different variables for example the increased
use of technology, lack of financial resources, poorly trained or business
oriented administrators, etc. Due to these variables and the number of complaints
received by the board and the types of ethical violations, it is very clear
to the board that continued training in ethics is necessary for maintaining
ones continued competence and for the protection of the consumers of social
work services. No change was made as a result of this comment.
COMMENT: Concerning §781.508(b), one commenter requested continuing
education credit for ethics for participating in activities such as being
a member of the agency's ethics committee, teaching ethics in a university
setting, or being a presenter for continuing education teaching ethics.
RESPONSE: The board agrees that these activities are necessary for the
enhancement of the social work profession, but obtaining and participating
in workshops can help validate your knowledge, as well as learn from other
participants experiences, and hopefully the licensee will participate in a
program where the licensee may have an interest not just because it is convenient
and it will meet the requirement for renewal. No change was made as a result
of this comment.
COMMENT: Concerning §781.513, a commenter expressed her concern that
continuing education obtained during a birth month could not be used, especially
if the licensee had mailed in his/her renewal early in the month.
RESPONSE: The board agrees and the language was added to §781.513(7)
when the rule was proposed which specifically deals with this issue. Board
staff will inform the commenter of this amendment. No further change was made
as a result of this comment.
The board is making the following minor changes due to staff comments to
claify the intent and improve the accuracy of the sections.
CHANGE: Concerning §781.301(b)(3), the words "states or" and the phrase
"unless one holds the appropriate license" have been added to the last sentence
to help clarify who can not use the titles which implies licensure as a social
worker.
CHANGE: Concerning §781.312, the word "provide" is added to ensure
that the client receives the required information.
CHANGE: Concerning §781.402(g), language was added to specify that
a licensee shall not have any relationship with a client that requires more
than minimal time with the client outside of the provisions of social work
services.
CHANGE: Concerning §781.402(ii), "neither" is replaced with the word
"not" to clarity that the social worker will not give or receive anything
of value for making a referral.
CHANGE: Concerning §781.509(5), "to" is added for grammatical purposes.
CHANGE: Concerning §781.602(b), the phrase "The notice of violation
letter will include" is added to clarify what will be included in the notice
of violation letter.
CHANGE: Concerning §780.604(f), a request for an informal hearing
was changed from "15" to "10" days.
CHANGE: Concerning §781.605(c) and §781.609(c), the phrase "Office
of the Attorney General" was deleted and replaced with "Texas Department of
Health's Office of General Counsel" which is the appropriate agency to provide
this service.
CHANGE: Concerning §781.806, an introductory sentence is added which
required changes to the subsections to be letters instead of numbered.
Subchapter A. General Provisions
22 TAC §781.101, §781.102
The amendments are adopted under the Texas Professional Social
Work Act, Human Resources Code, Chapter 50, §50.006 which provides the
Texas State Board of Social Work Examiners with the authority to adopt rules
that are necessary to administer the Act: §50,018 relating to documentary
evidence of experience and competency as necessary to ensure public safety,
health and welfare; §50.020(a) and §50.026 relating to procedures
for recognition for private, independent practice; §50.022(c) relating
to establishing a schedule of sanctions; and §50.034 relating to rules
on continuing education.
§781.102.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Accredited colleges or universities-An educational institution
that is accredited by an agency recognized by the Texas Higher Education Coordinating
Board.
(2)
Act-The Texas Professional Social Work Act, Human
Resources Code, Chapter 50.
(3)
Administrative Law Judge (ALJ)-A person within the
State Office of Administrative Hearings who conducts hearings under this chapter
on behalf of the board.
(4)
Agency-A public or private employer or business entity
providing social work services.
(5)
APA--The Administrative Procedure Act, Government
Code, Chapter 2001.
(6)
Board-Texas State Board of Social Worker Examiners.
(7)
Case record-Any information related to a client and
the services provided to that client, however recorded and stored.
(8)
Client-A person who seeks or receives social work
services. A person remains a client until the termination of services.
(9)
Clinical social work-The practice of providing evaluation,
diagnosis, and treatment to individuals, families, or groups with mental or
emotional conditions or disorders or who are adversely affected by social
or psychosocial stress or health impairment.
(10)
Confidential information-Information obtained from
a client or records relating to a client, including the client's identity,
that are not discloseable under applicable law.
(11)
Council on Social Work Education (CSWE)--The national
organization which accredits social work education schools and programs.
(12)
Department--Texas Department of Health.
(13)
Detrimental to the client-An act or omission of a
professional responsibility that is damaging to the physical, mental, or financial
status of the client.
(14)
Dual relationship-Dual or multiple relationships
occur when social workers relate to clients in more than one capacity, whether
it be before, during or after the professional, social, or business relationship.
Dual or multiple relationships can occur simultaneously or consecutively.
(15)
Exploitive behavior-A pattern, practice or scheme
of conduct that can reasonably be construed as being primarily for the purposes
of meeting the needs or being to the benefit of the social worker rather than
in the best interest of the client.
(16)
Flagrant-Obviously inconsistent with what is right
or proper as to appear to be a flouting of law or morality.
(17)
Fraud-Any misrepresentation or omission by a social
worker related to professional qualifications, services, or related activities
or information that benefits the social worker.
(18)
Full-time experience-Social work services totaling
30 or more hours per week.
(19)
Health care professional-A licensee or any other
person licensed, certified, or registered by the State of Texas in a health-related
profession.
(20)
License-A regular, provisional, or temporary license
or recognition issued by the board unless the content of the rule indicates
otherwise .
(21)
LMSW-Licensed master social worker.
(22)
LMSW-ACP-Licensed master social worker-advanced clinical
practitioner.
(23)
LMSW-AP--Licensed master social worker-advanced practitioner.
(24)
LSW--Licensed social worker .
(25)
Licensee-A person licensed or recognized by the board
to perform professional social work practice.
(26)
Nonclinical social work-The areas of social work
practice that include community organization, planning, administration, teaching,
research, administrative supervision, nonclinical consultation and other related
social work activities.
(27)
Part-time-Social work services totaling less than
30 hours per week.
(28)
Persistently--Existing for a long or longer than
usual time or continuously.
(29)
Private independent practice-The practice of a social
worker who is solely responsible for the services provided and for establishing
the conditions of exchange with clients. .
(30)
Professional social work practice-Services and actions
performed for compensation to effect changes in human behavior, a person's
emotional responses, interpersonal relationships, and the social conditions
of individuals, families, groups, organizations, and communities. For the
purpose of this definition, the practice of professional social work is guided
by special knowledge, acquired through formal professional social work education,
of social welfare policies and services, social welfare systems and resources,
human development and behavior within the context of the social environment,
and methods to enhance the functioning of individuals, families, groups, communities,
and social welfare organizations. Professional social work practice involves
the disciplined application of social work values, principles, and methods,
including psychotherapy, marriage and family therapy, couples therapy, group
therapy, case management, supervision of social work services, counseling,
assessment, and evaluation. Professional social work practice may also be
referred to as social work services.
(31)
Recognition-Authorization from the board to engage
in the private, independent or specialty practice of social work services.
(32)
Sexual exploitive behavior-A pattern, practice or
scheme of conduct which may include sexual contact, that can reasonably be
construed as being for the purposes of arousal or gratification or sexual
abuse of any person.
(33)
Sexual contact--Any touching of the anus, breast,
buttocks, genitals, or any part of the body of another person.
(34)
Social worker-A person licensed under the Act as
a SWA, LSW, LMSW, LMSW-AP or LMSW-ACP.
(35)
SWA-A person licensed as a social worker associate.
(36)
Supervision-The professional relationship between
a supervisor and a social worker which provides evaluation and direction over
the services provided by the social worker and promotes professional development
of knowledge, skills, and abilities to provide social work services. It may
include, without being limited to, direct observation or the review of case
presentations, audiotapes, or videotapes.
(37)
Termination-The end of professional services, meetings,
and billing for services.
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 May
17, 1999.
TRD-9902840
Deborah Hammond, LMSW-ACP
Chair
Texas State Board of Social Worker Examiners
Effective date: June 6, 1999
Proposal publication date: November 20, 1998
For further information, please call: (512) 719-3521
22 TAC §781.202, §781.206
The amendments are adopted under the Texas Professional Social
Work Act, Human Resources Code, Chapter 50, §50.006 which provides the
Texas State Board of Social Work Examiners with the authority to adopt rules
that are necessary to administer the Act: §50,018 relating to documentary
evidence of experience and competency as necessary to ensure public safety,
health and welfare; §50.020(a) and §50.026 relating to procedures
for recognition for private, independent practice; §50.022(c) relating
to establishing a schedule of sanctions; and §50.034 relating to rules
on continuing education.
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 May
17, 1999.
TRD-9902841
Deborah Hammond, LMSW-ACP
Chair
Texas State Board of Social Worker Examiners
Effective date: June 6, 1999
Proposal publication date: November 20, 1998
For further information, please call: (512) 719-3521
22 TAC §§781.301, 781.302, 781.307-781.312, 781.315
The amendments are adopted under the Texas Professional Social
Work Act, Human Resources Code, Chapter 50, §50.006 which provides the
Texas State Board of Social Work Examiners with the authority to adopt rules
that are necessary to administer the Act: §50,018 relating to documentary
evidence of experience and competency as necessary to ensure public safety,
health and welfare; §50.020(a) and §50.026 relating to procedures
for recognition for private, independent practice; §50.022(c) relating
to establishing a schedule of sanctions; and §50.034 relating to rules
on continuing education.
§781.301.Qualifications for Licensure.
(a)
The following education and experience is required for
the specified licenses and specialty recognitions:
(1)-(2)
(No change.)
(3)
SWA-the following degrees and experience:
(A)
a baccalaureate degree from an accredited college or university
and one year of full-time social work experience as defined in §781.304(c)
of this title (relating to Required Documentation of Qualifications for Licensure)
under the supervision of a LSW or LMSW or a person with an equivalent social
work license if the experience was completed in another state; or
(B)
an associate of arts degree in a behavioral science from
an accredited college or university and three years of full-time social work
experience as defined in 781.304(c) of this title under the supervision of
a LSW or LMSW or a person with an equivalent social work license if the experience
was completed in another state;
(C)
supervision under the appropriately licensed social worker
who had direct oversight for the individual's social work services, had regular
supervisory conferences with the individual at least 50 hours per year over
the full period of required supervision, and evaluated the individual's provision
of social work services. (Under this subsection, supervision by a SWA will
be accepted if the supervision began before the effective date of these rules
changes and is completed within three years for applicants with associate
degrees and within one year for applicants with bachelors degrees.); and
(D)
applicant must document the completion of six hours of
continuing education specifically in the area of professional values and code
of ethics for social workers.
(4)
LMSW-ACP-
(A)-(B)
(No change.)
(C)
two years of supervision (as part of the three years of
experience) under a LMSW-ACP supervisor or its equivalent if the experience
is completed in another state. Clinical supervision from a non-social worker
received in another state will be accepted if such supervision is accepted
under the rules for social work licensing in that state; and
(D)
(No change.)
(5)
LMSW-AP-
(A)-(B)
(No change.)
(C)
two years of supervision (as part of the three years of
experience) under a LMSW-ACP, LMSW-AP supervisor or its equivalent if the
experience is completed in another state. Supervision from a non-social worker
received in another state will be accepted if such supervision is accepted
under the rules for social work licensing in that state;
(D)
(No change.)
(b)
Only a person who is licensed and recognized by the board
as a LMSW-ACP or LMSW-AP is qualified for the private, independent practice
of social work. No further recognition is necessary.
(1)-(2)
(No change.)
(3)
A licensee must not engage in any private, independent
practice that falls within the definition of professional social work practice
(relating to definitions) without being licensed and recognized by the board
as a LMSW-ACP or LMSW-AP, unless the person is licensed in another profession
and acting solely within the scope of that other license. The person may not
use the titles "licensed master social worker," "licensed social worker,"
or "social work associate" or any other title or initials that states or implies
licensure or certification in professional social work services unless one
holds the appropriate license.
(4)
A licensee who is not an LMSW-AP or LMSW-ACP may not
provide direct social work services to clients from a location that she or
he owns or leases and that is not owned or leased by an employer or other
legal entity with responsibility for the client. This does not preclude in
home services such as in home health care or the use of telephones or other
electronic media to provide services in an emergency.
(c)
(No change.)
§781.302.Supervision for Specialty Recognition.
(a)
An LMSW who plans to apply for specialty practice recognition
must:
(1)-(2)
(No change.)
(3)
submit a new supervisory plan within 90 days of changing
supervisors.
(b)
A person who wishes to be an approved supervisor must file
a request with the board. A supervisor must:
(1)-(2)
(No change.)
(3)
A supervisor must meet one of the following:
(A)
(No change.)
(B)
have completed one social work graduate course in supervision
within the past five years from an accredited college or university; or
(C)-(D)
(No change.)
(4)
(No change.)
(c)-(k)
(No change.)
§781.312.Issuance of Licenses.
(a)-(e)
(No change.)
(f)
A licensee who offers social work services on the Internet
must include a statement that the licensee is licensed by the State of Texas
and provide a copy of the code of ethics with the information on how to contact
this board by mail or telephone.
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 May
17, 1999.
TRD-9902842
Deborah Hammond, LMSW-ACP
Chair
Texas State Board of Social Worker Examiners
Effective date: June 6, 1999
Proposal publication date: November 20, 1998
For further information, please call: (512) 719-3521
22 TAC §781.401, §781.402
The amendments are adopted under the Texas Professional Social
Work Act, Human Resources Code, Chapter 50, §50.006 which provides the
Texas State Board of Social Worker Examiners with the authority to adopt rules
that are necessary to administer the Act: §50,018 relating to documentary
evidence of experience and competency as necessary to ensure public safety,
health and welfare; §50.020(a) and §50.026 relating to procedures
for recognition for private, independent practice; §50.022(c) relating
to establishing a schedule of sanctions; and §50.034 relating to rules
on continuing education.
§781.402. Standards of Practice.
(a)-(f)
(No change.)
(g)
A licensee shall avoid dual client relationships which
could impair the licensee's professional judgment or otherwise increase the
risk of client exploitation. A licensee shall not have any relationship with
a client that requires more than minimal time with the client outside of the
provisions of social work services. These relationships may be, but are not
limited to employment, business, financial, personal, social and/or family
relationships. A licensee shall not provide professional services to a member
of the licensee's own family, an intimate friend, a close associate, or others
whose welfare might be jeopardized by such a dual relationship.
(h)-(y)
(No change.)
(z)
A licensee shall not reproduce, allow to be reproduced,
or display a license issued by the board which has been reproduced, expired,
suspended, or revoked. (Written or verbal verifications of licenses are available
from the board.)
(aa)-(gg)
(No change.)
(hh)
If a licensee barters for services, it is the licensee's
responsibility to assure that the market value of the barter does not exceed
the customary charge for the service.
(ii)
A social worker shall not give or receive anything of
value for the referral of a client.
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 May
17, 1999.
TRD-9902843
Deborah Hammond, LMSW-ACP
Chair
Texas State Board of Social Worker Examiners
Effective date: June 6, 1999
Proposal publication date: November 20, 1998
For further information, please call: (512) 719-3521
22 TAC §§781.503, 781.506, 781.508, 781.509, 781.513
The amendments are adopted under the Texas Professional Social
Work Act, Human Resources Code, Chapter 50, §50.006 which provides the
Texas State Board of Social Work Examiners with the authority to adopt rules
that are necessary to administer the Act: §50,018 relating to documentary
evidence of experience and competency as necessary to ensure public safety,
health and welfare; §50.020(a) and §50.026 relating to procedures
for recognition for private, independent practice; §50.022(c) relating
to establishing a schedule of sanctions; and §50.034 relating to rules
on continuing education.
§781.509. Types of Acceptable Continuing Education.
Continuing education undertaken by a licensee shall be acceptable to
the board as credit hours if the education falls in one or more of the following
categories:
(1)-(3)
(No change.)
(4)
providing professional guidance as a field instructor
for social work interns in connection with a college or university accredited
by or in candidacy status with CSWE; or
(5)
providing supervision to a social worker on probation
relating to the rules in §781.311 of this title (relating to the Alternate
Method of Examining Competency).
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 May
17, 1999.
TRD-9902848
Deborah Hammond, LMSW-ACP
Chair
Texas State Board of Social Worker Examiners
Effective date: June 6, 1999
Proposal publication date: November 20, 1998
For further information, please call: (512) 719-3521
22 TAC §§781.602-781.610
The amendments and new sections are adopted under the Texas
Professional Social Work Act, Human Resources Code, Chapter 50, §50.006
which provides the Texas State Board of Social Work Examiners with the authority
to adopt rules that are necessary to administer the Act: §50,018 relating
to documentary evidence of experience and competency as necessary to ensure
public safety, health and welfare; §50.020(a) and §50.026 relating
to procedures for recognition for private, independent practice; §50.022(c)
relating to establishing a schedule of sanctions; and §50.034 relating
to rules on continuing education.
§781.602.Disciplinary Action; Notices.
(a)
The board shall revoke, suspend, suspend on an emergency
basis, or deny a license or order of recognition, place on probation a person
whose license or order of recognition has been suspended, or reprimand a person
with a license or order of recognition for any of the following reasons:
(1)-(4)
(No change.)
(5)
provision of false or misleading information to the
board regarding his or her qualifications for licensure or renewal or to an
inquiry by the board;
(6)
any of the grounds described in the Act, §50.021(a);
or
(7)
violation of law or rules of another health or mental
health profession resulting in disciplinary action by the regulatory body
of that profession.
(b)
Prior to institution of formal disciplinary proceedings
against a licensee, the board shall give written notice to the licensee by
certified mail, return receipt requested or registered mail. The notice of
violation letter will include the facts or conduct alleged to warrant revocation,
suspension, or reprimand and the severity level from the sanction guide. The
licensee shall be given the opportunity, as described in the notice, to show
compliance with all requirements of the Act and this chapter.
(c)
The licensee or applicant must request, in writing, a formal
hearing within ten days of receipt of the notice, or the right to a hearing
shall be waived and the license or recognition shall be denied, revoked, suspended,
probated, or reprimanded.
(d)-(f)
(No change.)
§781.604.Ethics Committee Meetings and Policy.
(a)
The ethics committee will meet on a regular basis to review
and recommend action on complaints filed against social workers. Additionally,
the committee will hold informal hearings to review previous committee actions
at the request of a party to a complaint.
(b)
An agenda and completed reports of complaint investigations
will be sent to committee members approximately two weeks prior to each meeting.
The agenda will list all items to be considered by the committee. Complaints
will be listed on the agenda by the assigned complaint tracking number.
(c)
Persons who are not members of the committee are permitted
to observe committee work unless the committee enters into executive session
for legal consultation. Only committee members, staff, and consultants may
participate in the discussion of a complaint pending action before the committee.
Persons wishing to provide information to the committee regarding a complaint
must submit that information in writing.
(d)
A report on all completed investigations will be provided
to committee members. The report will include copies of information obtained
in the investigation and a summary sheet with a staff recommendation for the
disposition for each case. Cases will be grouped on the agenda according to
their recommended disposition. Cases that are recommended for closure will
be listed together as a consent agenda item. Cases may be removed from the
consent agenda for individual review upon request by any committee member,
consultant, or staff person. All cases left on the consent agenda will be
voted on as a group for closure. All other cases will be considered on an
individual basis.
(e)
The committee will base its decision regarding the validity
of a complaint on the evidence documented in the report of the investigation.
The committee may find that there is or is not evidence of a violation of
licensing law or rules or the committee may request additional information
of a case for later review. If the committee finds that a social worker has
violated licensing law or rules, the committee will consider the established
policy guidelines and other relevant factors in their recommendation of disciplinary
action.
(f)
All parties to a complaint will be notified of the findings
and recommendations of the committee. Any party to the complaint who disagrees
with the action of the committee may submit a written statement of the reasons
for his or her disagreement, and may request an informal hearing before the
committee. Request for an informal hearing must be made within 10 days of
the date of the letter stating the disposition of the case.
§781.605.Informal Hearing Meetings.
(a)
Informal hearings will be scheduled for the next meeting
of the complaints committee meeting consistent with public notice requirements.
All parties to the complaint will be notified of the date and location of
the informal hearing and of their right to be heard at that meeting or to
submit relevant material to the committee for their review.
(b)
All parties to the complaint will be given an opportunity
to make a statement to the committee. Based on the evidence, the committee
may revise its findings and recommendation as appropriate or reaffirm its
original action. All parties to the complaint will be notified of the committee's
decision.
(c)
The board's legal counsel or an attorney from the Texas
Department of Health's Office of General Counsel shall attend each settlement
conference.
§781.609.Default Orders.
(a)
If a right to a hearing is waived under §781.602(c)
of this title (relating to Disciplinary Action; Notices) or §781.703(b)
of this title (relating to Notice), the board shall consider an order taking
disciplinary action as described in the written notice to the licensee or
applicant.
(b)
The licensee or applicant and the complainant shall be
notified of the date, time, and place of the board meeting at which the default
order will be considered. Attendance is voluntary.
(c)
The board's legal counsel or any attorney from the Texas
Department of Health's Office of General Counsel shall attend the board meeting.
(d)
Upon an affirmative majority vote, the board shall enter
an order imposing appropriate disciplinary action.
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 May
17, 1999.
TRD-9902846
Deborah Hammond, LMSW-ACP
Chair
Texas State Board of Social Worker Examiners
Effective date: June 6, 1999
Proposal publication date: November 20, 1998
For further information, please call: (512) 719-3521
22 TAC §§781.604-781.608
The repeals are adopted under the Texas Professional Social
Work Act, Human Resources Code, Chapter 50, §50.006 which provides the
Texas State Board of Social Work Examiners with the authority to adopt rules
that are necessary to administer the Act: §50,018 relating to documentary
evidence of experience and competency as necessary to ensure public safety,
health and welfare; §50.020(a) and §50.026 relating to procedures
for recognition for private, independent practice; §50.022(c) relating
to establishing a schedule of sanctions; and §50.034 relating to rules
on continuing education.
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 May
17, 1999.
TRD-9902847
Deborah Hammond, LMSW-ACP
Chair
Texas State Board of Social Worker Examiners
Effective date: June 6, 1999
Proposal publication date: November 20, 1998
For further information, please call: (512) 719-3521
Part XI.
Board of Nurse Examiners
Chapter 217.
Licensure and Practice
Chapter 217.
Licensure, Peer Assistance and Practice
Part XVII.
Texas State Board of Plumbing Examiners
Subchapter B. Petition for Adoption of Rules
Subchapter C. Election of Board Officers
Chapter 363.
Examinations
Chapter 365.
Licensing
Part XXI.
Texas State Board of Examiners of Psychologists
Chapter 462.
Complaints and Enforcement
Chapter 465.
Rules of Practice
Chapter 473.
Fees
Part XXXIV.
Texas State Board of Social Worker Examiners
Subchapter B. The Board
Subchapter C. Licenses and Licensing Process
Subchapter D. Code of Ethics and Professional Standards of Practice
Subchapter E. License Renewal and Continuing Education
Subchapter F. Complaints and Violations
Subchapter G. Formal Hearings