TITLE 22.EXAMINING BOARDS

Part 21. TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS

Chapter 463. APPLICATIONS AND EXAMINATIONS

22 TAC §463.11

The Texas State Board of Examiners of Psychologists proposes an amendment to §463.11, concerning Licensed Psychologist. The amendment is being proposed in order to provide more flexibility to meet Texas licensing requirements for those individuals who have been actively licensed in other jurisdictions for at least 15 years and are in good standing.

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

Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to allow greater access to qualified and experienced psychologists who are in good standing with other jurisdictions. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amended rule as proposed.

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

This amendment is proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

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

§463.11.Licensed Psychologist.

(a) - (c)

(No change.)

(d)

Exceptions for Experience. For purposes of licensure as a psychologist, if an applicant has been licensed for 15 years or more in another jurisdiction as a psychologist and provides written verification of no disciplinary actions by the licensing entity of that jurisdiction or by any other licensing entity of a jurisdiction in which the applicant has held licensure as a psychologist, the following requirements for licensure may be applied:

(1)

Subsection (c)(2)(B)(iii) of this section may be satisfied by having one full-time equivalent licensed psychologist as a primary supervisor;

(2)

Subsection (c)(2)(B)(ix) of this section may be waived;

(3)

Subsection (c)(2)(B)(xi) of this section may be waived;

(4)

Subsection (c)(2)(C)(ix) of this section may be waived;

(5)

Subsection (c)(2)(C)(xii) of this section may be waived; and

(6)

Subsection (c)(2)(C)(xiii) of this section may be filled by having one full-time licensed psychologist as a primary supervisor who is employed full time at the agency and who is a school psychologist.

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

Filed with the Office of the Secretary of State, on April 26, 2000.

TRD-200002955

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: June 11, 2000

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


Chapter 465. RULES OF PRACTICE

22 TAC §465.38

The Texas State Board of Examiners of Psychologists proposes an amendment to §465.38, concerning Psychological Services in the Schools. The amendment is being proposed in order to clarify for licensees that state and federal statutes supercede Board rules.

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

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

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

The amendment is proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

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

§465.38.Psychological Services in the Schools.

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

(1) - (5)

(No change.)

(6)

Conflict Between Laws and Board Rules. In the event of a conflict between state or federal statutes (such as the Family Education Rights and Privacy Act or the Individuals with Disabilities Education Act) and Board rules, state or federal statutes control.

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

Filed with the Office of the Secretary of State, on April 26, 2000.

TRD-200002956

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: June 11, 2000

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