Part 9.
TEXAS STATE BOARD OF MEDICAL EXAMINERS
Chapter 163.
LICENSURE
22 TAC §163.5
The Texas State Board of Medical Examiners adopts an amendment
to §163.5, concerning licensure, without changes to proposed text as
published in the March 17, 2000, issue of the
Texas
Register
(25 TexReg 2261).
This section is being adopted to amend the language regarding photographs
that are submitted with licensure applications and documentation required
for applicants who have been treated for alcohol/substance abuse or mental
illness.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the authority of the Occupations
Code, §153.001, which provides the Texas State Board of Medical Examiners
to adopt rules and bylaws as necessary to: govern its own proceedings; perform
its duties; regulate the practice of medicine in this state; and enforce this
subtitle.
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 June 12, 2000.
TRD-200004119
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Effective date: July 2, 2000
Proposal publication date: March 17, 2000
For further information, please call: (512) 305-7016
22 TAC §193.9
The Texas State Board of Medical Examiners adopts new §193.9,
concerning pronouncement of death and collaborative management of glaucoma,
without changes to the proposed text as published in the April 21, 2000, issue
of the
Texas Register
(25 TexReg 3359). Section
193.10 is being withdrawn elsewhere in this issue of the
Texas Register
.
Section 193.9 will enable physicians to make a pronouncement of death based
on facts given to them by licensed vocational nurses through electronic communication.
One comment was received regarding adoption of the section. The board considered
the comment sent by the Board of Licensed Vocational Nurses, but disagreed
with the commenter's suggestion that their proposed language added clarity
to the rule as it was published.
The new section is adopted under the authority of the Occupations
Code, §153.001, which provides the Texas State Board of Medical Examiners
to adopt rules and bylaws as necessary to: govern its own proceedings; perform
its duties; regulate the practice of medicine in this state; and enforce this
subtitle.
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 June 12, 2000.
TRD-200004120
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Effective date: July 2, 2000
Proposal publication date: April 21, 2000
For further information, please call: (512) 305-7016
Chapter 391.
POLYGRAPH EXAMINER INTERNSHIP
22 TAC §§391.2 - 391.5, 391.8 - 391.10
The Polygraph Examiners Board adopts amendments to §§391.2,
391.3, 391.4, 391.5, 391.8, 391.9 and new §391.10, concerning the Polygraph
Examiner Internship, with changes to the proposed text as published in the
March 24, 2000, issue of the
Texas Register
(25 TexReg 2529). The text in its entirety will be republished.
The Board has determined that the rule on approved schools is outdated
and refers the public to the Board office for current information. A definition
to clarify the commencement of the intern licensing period was added.
The changes made to the rules are non substantive and are as follows:
Throughout each section the word "board" was changed to be capitalized
and now reads as "Board".
In §391.3(16) the words "and/or Executive Officer" were added to read
as follows: "The Secretary of the Board and/or the Executive Officer may approve
an intern applicant who meets the qualifications set forth in §391.2
of this title (relating to Procedure and Qualifications) and:" This was inadvertently
omitted from the proposal and has been changed to be consistent with §391.3(16)(C)
which states the same thing.
In §391.4(6) the word "portion" has been changed to "phase" to be
consistent with the proposal. Originally, the word "portion" was changed to
"phase" throughout proposed §391.4 Twice, this was inadvertently omitted
when proposed. Section 391.4(6) now reads as follows: "Failure to pass any
phase of the examination shall require such person to retake that phase failed.
No polygraph examiner's license shall be issued until the intern has passed
all phases of the examination."
No comments were received regarding adoption of the amendments and new
rule.
The amendments and new section are adopted under the Polygraph
Examiners Act, Article 4413 (29cc), §6, which provides the Board with
the authority to prescribe, adopt, and enforce rules relating to the administration
and enforcement of the provisions of the Polygraph Examiners Act, Article
4413 (29cc).
§391.2.Procedure and Qualifications.
The procedure and qualifications for obtaining an internship permit
shall be as follows.
(1)
Qualifications. A person is qualified to receive an internship
permit:
(A)
who has not been convicted of a felony or a misdemeanor
involving moral turpitude;
(B)
who holds a baccalaureate degree from a college or university
accredited by an organization that the Board designates and that the Board
determines has accreditation standards to ensure a high level of scholarship
for students, or in lieu thereof, has five consecutive years of active investigative
experience immediately preceding his application, which shall consist of two
basic elements:
(i)
training-training shall be defined as a minimum of the
number and type of hours of instruction necessary to obtain a basic law enforcement
certificate issued by the Texas Commission on Law Enforcement Standards;
(ii)
application of training-application of training shall
be defined as an adequate demonstration, in the opinion of the Board, by the
applicant of the required training, as defined herein, on a continuous basis
for a five year period, immediately preceding the application.
(C)
who, prior to the issuance of the internship permit, furnishes
the Board with evidence of a surety bond or insurance policy in the sum of
$5,000. Such bond or insurance policy shall be conditioned that the obligor
therein will pay to the extent of the face amount of such surety bond or insurance
policy, all judgments which may be recovered against the licensee by reason
of any wrongful or illegal acts committed by him in the course of his examinations.
(D)
For current and former Governmental Polygraph Examiners
see §391.10 of this title (relating to Procedures and Qualifications
of Current and Former Governmental Polygraph Examiners).
(2)
Procedure. A person meeting the qualifications set forth
in paragraph (1) of this section who seeks to obtain an internship permit
shall proceed as follows.
(A)
Complete fully the internship application furnished by
the Board and submit such application along with all other requested information
to the Board for approval. In order to allow ample administrative and investigative
time, applications must be at the address of the Board at least 10 calendar
days prior to the opening date of the Board meeting at which its consideration
is being requested.
(B)
An internship permit issued by the Board shall be valid
for a term of 12 months from the date of issue. Such permit may be extended
or renewed for any term not to exceed six months upon good cause shown to
the Board. A trainee or intern shall not be entitled to hold an internship
permit after the expiration of the original 12-month period and six-month
extension, if such extension is approved by the Board, until 12 months after
the date of expiration of the last internship permit held by the said trainee
or intern. Provided that any trainee or intern, who, upon completion of his
internship program, fails to pass the State Polygraph Examiners Licensing
Examination may be required to appear before the Board to discuss the reason
for such failure and, in the case of a trainee or intern having completed
a 12-month internship program, to show cause why his license should be extended.
§391.3.Internship Training Schedule.
The following internship schedule has been approved and adopted by
the Board as a minimum type and number of hours of any internship training
program to be utilized in course of supervised instruction:
(1)
History and development of polygraph--four hours.
(2)
Legal and ethical aspects of polygraph.
(A)
Texas Polygraph Examiners Act--10 hours.
(B)
Statements and reports, civil rights, examiner and professional
ethics--10 hours.
(3)
Physiology--24 hours.
(A)
Nervous system, autonomic nervous system.
(i)
Sympathetic system.
(ii)
Parasympathetic system.
(B)
Circulatory system and the heart.
(C)
Respiratory system.
(D)
Effects of drugs, alcohol, and illness.
(4)
Psychology--24 hours.
(A)
General.
(B)
Abnormal.
(C)
As applied to polygraphy.
(5)
Interrogation and interviews--100 hours.
(A)
Receiving case briefing.
(B)
Pre-test interview.
(C)
Post-test interview.
(6)
Chart interpretation--120 hours.
(A)
All types of tests and responses.
(B)
Chart marking.
(C)
Test results: No Deception Indicated, Deception Indicated,
Inconclusive or No Opinion.
(7)
Question formulation and test construction--120 hours.
(A)
All types of tests.
(B)
All types of questions.
(C)
Semantics.
(8)
Instrumentation--10 hours.
(A)
Construction and maintenance.
(B)
Trouble shooting.
(C)
Nomenclature.
(9)
Summary and general review --10 hours.
(10)
Supervised testing and interviewing--minimum of 30 tests.
(11)
Counseling and critique as required in opinion of sponsor.
(12)
A list of approved polygraph schools shall be maintained
in the Board office and will be made available upon request. Those Board approved
polygraph schools the Board normally provides a list of current reference
material and that information will be made available to sponsor and interns
upon request.
(13)
The Board may request and require inspection and review
of the internship program of any licensed examiner or internee at any time
to ascertain compliance with the program approved by the Board.
(14)
Each sponsoring polygraph examiner shall submit to the
Board progress reports every 60 days from the date of Board approval of the
internship on each intern on forms furnished by the Board. To serve as a sponsor
for an intern polygraph examiner, a Texas licensed polygraph examiner must
have held an original Texas polygraph license continuously for at least two
years immediately preceding the application and completed a minimum of 40
hours of continuing education in the two years immediately proceeding the
sponsorship. Documentation of this continuing education must be on file with
the Board office prior to approval of the examiner as a sponsor.
(15)
No licensed examiner shall have more than two interns
under his sponsorship at any one time.
(16)
The Secretary of the Board and/or the Executive Officer
may approve an intern applicant who meets the qualifications set forth in §391.2
of this title (relating to Procedure and Qualifications) and:
(A)
who is a graduate of a polygraph examiners course approved
by the Board and has completed not less than six months of internship training;
or
(B)
who is not a graduate of an approved polygraph examiners
course and has completed not less than 12 months of internship training; and
(C)
the Executive Officer may approve an intern applicant who
meets the qualifications set forth in §391.2 of this title (relating
to Procedure and Qualifications).
(17)
The intern licensing period shall begin:
(A)
on the date of the first class day, of a Board approved
polygraph basic school and continue as long as the intern maintains a passing
grade in that class provided the intern has, prior to the commencement of
the school, completed all of the requirements for the intern license;
(B)
if the school has begun and the applicant has not completed
all of the requirements for licensure, the internship shall begin on the date
the applicant is approved for the intern license; or
(C)
if the applicant is not a graduate of an approved polygraph
examiners course but intends to complete not less than 12 months of internship
training; the internship shall begin on the date the applicant is approved
for the intern license by the Board.
§391.4.State Examinations for Polygraph Examiner License.
State examinations for polygraph examiner license shall conform with
the following.
(1)
When an intern becomes eligible, as provided by law, the
intern may take the state examination for a polygraph examiners license under
the direct supervision of the Board.
(2)
Such examinations shall be held at Austin, Texas, or at
other locations designated by the Board. Persons eligible to take the examination
will be notified of the time, date, and location.
(3)
Examinations shall be held at quarterly Board meetings,
the dates, locations, and times being designated by the Board.
(4)
Examinations shall consist of and include questions relating
to those topics set forth in the internship training schedule and a presentation
of actual polygraph examinations conducted by the applicant during their internship
training for Board evaluation.
(5)
The grades given by all grading members on the licensing
examinations will be totaled and averaged and a grade of 70% must be obtained
in order to pass.
(6)
Failure to pass any phase of the examination shall require
such person to retake that phase failed. No polygraph examiner's license shall
be issued until the intern has passed all phases of the examination.
(7)
Persons failing any phase(s) thereof may retake the phase(s)
at the next scheduled examination date, provided that such person is qualified
to retake the phase(s) under the law or as set forth herein under the rules
and regulations pertaining to interns. Provided further that if any person
taking and failing any phase of such examination for the third time, such
person shall not be eligible to take another examination until the expiration
of 12 months from the date of the last examination, providing such person
is otherwise qualified to take such examination by law and under the applicable
regulations.
(8)
When an intern fails the original licensing examination,
or any phase thereof, the intern shall not be permitted to engage in any actual
polygraph testing until such time as the intern and the sponsor have reviewed
the failing examination with a member of the Board or a member of the Board's
staff at the discretion of the Board chairman. The time, date, and place of
the review will be designated by the Board or its staff. The sponsor shall
furnish the Chairperson or their designated representative with a written
affidavit stating what corrective action will be taken or an oral discussion
of those corrective actions acceptable to the Chairperson.
§391.5.Intern Supervision.
The intern sponsor, or a licensed examiner meeting the requirements
to be a sponsor, is required to review all examinations conducted by an intern
examiner under his/her supervision on a weekly basis. The sponsor or other
licensed examiner shall carefully review each test the intern conducts for
compliance with the Polygraph Examiners Act, accurate chart interpretation
and the principles of quality test administration. The sponsor need NOT be
present at the time of the examination. The sponsor is not required to review
the charts before an opinion is rendered, but the Intern is required to inform
the Examinee that the Intern's opinion of the polygraph examination is preliminary
until that examination is reviewed by his sponsor.
§391.8.Applicant With Out-of-State License.
The Board will require a holder of an out-of-state polygraph examiners
license to have held that license for a minimum period of two years before
they will be considered for licensing under the Polygraph Examiner's Act, §12.
§391.9.Intern Licensure Requirements for Preceptor Trainees.
(a)
An intern polygraph examiner who is not a graduate of an
approved polygraph examiners school may qualify to receive his or her intern
polygraph examiner's license when the intern has satisfied the Board that
he or she is competent to administer polygraph examinations before the issuance
of a polygraph intern license, in accordance with the provisions set forth
in the Polygraph Examiners Act and the Board's rules and regulations. In order
to satisfy the Board of the intern's competency to administer polygraph examinations,
the intern shall:
(1)
complete a total of 344 hours of supervised instruction
and study until a minimum of 60 days of supervised study time has elapsed,
which shall include:
(A)
history and development of polygraph 4 hours;
(B)
legal and ethical aspects of polygraph-20 hours;
(C)
physiology-30 hours;
(D)
psychology-30 hours;
(E)
interrogation and interviews-75 hours;
(F)
chart interpretation-75 hours;
(G)
question formulation and test construction-100 hours;
(H)
instrumentation-10 hours; and
(2)
appear before the Board at the next regularly scheduled
meeting to determine the intern's competency to administer polygraph examinations.
(b)
These additional requirements do not supercede the basic
requirements set forth in §391.3 of this title (relating to Internship
Training Schedule), but will exist in addition to those requirements.
§391.10.Procedures and Qualifications of Current and Former Governmental Polygraph Examiners.
(a)
All provisions of the Polygraph Examiners Act and Chapters
391, 393, 395 and 397 of that Act apply to applicants that are current or
former governmental polygraph examiners except as follows:
(1)
In lieu of a six month or twelve month internship program
as defined in §8 (a) (3) of the Act, an applicant who is serving, or
within two years prior to the date the applicant's application was received
in the Board's office has served, as a polygraph examiner in a governmental
agency, may qualify to sit for a licensing examination by providing to the
Board appropriate documentation showing that the applicant satisfies each
of the following conditions:
(A)
That the applicant graduated from a polygraph course that
is approved by the Board; and
(B)
That the applicant is, or was, authorized by their governmental
agency to conduct polygraph examinations for that agency for a period of at
least six months or longer; and
(C)
That the applicant participated in a quality control program
administered by his/her governmental agency which quality control program
reviewed 100% of the applicant's polygraph examinations; and
(D)
That the applicant was not the subject of any action on
the part of their governmental agency that removed the applicant's polygraph
authorization during the course of the applicant's employment; and
(E)
That the Board obtains in writing from the applicant's
polygraph program manager that the applicant qualifies under subparagraphs
(A)-(D) of this paragraph.
(2)
All other provisions for a current or former governmental
polygraph examiner applying for a Texas Polygraph Examiners License shall
remain the same as currently stated in the Polygraph Examiners Act and only
the definition of the "internship" is hereby modified.
(b)
The provisions of §391.10 are intended to cover the
issuance of a Texas Polygraph Examiner's License to a current and/or former
governmental polygraph examiner, regardless of their residency, for polygraph
testing in the State of Texas only.
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 June 8, 2000.
TRD-200004051
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Effective date: June 28, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 424-2058
Chapter 193.
STANDING DELEGATION ORDERS
Part 19.
POLYGRAPH EXAMINERS BOARD
Chapter 401.
GRIEVANCE REVIEW OF DISCIPLINARY ACTION