Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
Chapter 463.
APPLICATIONS AND EXAMINATIONS
22 TAC §463.9
The Texas State Board of Examiners of Psychologists proposes
amendments to §463.9 Licensed Specialist in School Psychology. The amendments
are being proposed in order to correct wording which was omitted when this
rule was re-organized during rule review.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rule easier for the general public and licensees
to follow and understand. There will be no effect on small businesses. There
is no anticipated economic costs to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Kourtney D. McDonald, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
Texas 78701, (512) 305-7700.
The amendments are 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 amendments do not affect other statutes, articles, or codes.
§463.9.Licensed Specialist in School Psychology.
(a)
(No change.)
(b)
Training Qualifications. Candidates for licensure as a
specialist in school psychology who hold a currently valid National Certified
School Psychologist (NCSP) certification or who have graduated from a training
program approved by the National Association of School Psychologists or accredited
in School Psychology by the American Psychological Association will be considered
to have met the training
and internship
qualifications. All other
applicants must have completed a graduate degree in psychology from a regionally
accredited academic institution, no more than 12 of which may be internship
hours. All 60 hours do not have to be obtained prior to the conferral of the
graduate degree and the applicant need not be formally enrolled in a psychology
program to obtain graduate hours after the degree date. For purposes of this
rule, a graduate degree in psychology means the name of the candidate's major
or program of studies must be titled psychology. These applicants must submit
evidence of graduate level coursework as follows:
(1) - (7)
(No change.)
(c) - (f)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 5, 2001.
TRD-200101982
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: May 20, 2001
For further information, please call: (512) 305-7700
22 TAC §463.11
The Texas State Board of Examiners of Psychologists proposes
an amendment to §463.11, Licensed Psychologist. The amendments are being
proposed to update requirements, consistent with current licensing procedures
and consistent with Attorney General Ruling.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rule easier for the general public and licensees
to follow and understand. There will be no effect on small businesses. There
is no anticipated economic costs to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Kourtney D. McDonald, 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.
§463.11.Licensed Psychologist.
(a)
Application Requirements by Provisional Licensure. This
application is provided free of charge to the applicant who has taken the
oral examination. Upon passage of the oral examination, the applicant may
submit the licensed psychologist application. An application for licensure
as a psychologist includes, in addition to the requirements set forth in §463.5(1)
of this title (relating to Application File Requirements):
(1)-(2)
(No change.)
(3)
Documentation of two years of supervised experience from
a licensed psychologist which satisfies the requirements of the Board.
The formal year must be documented by the Director of Internship Training.
(b)
(No change.)
(c)
Supervised Experience. In order to qualify for licensure,
a psychologist must submit proof of two years of supervised experience, at
least one year of which must have been received after the doctoral degree
was officially conferred or completed, whichever is earliest, as shown on
the official transcript, and at least one year of which must have been a formal
internship. The formal internship year may be met either before or after the
doctoral degree is conferred or completed. Supervised experience must be obtained
in a minimum of two, and no more than three, calendar years, for full-time
experience.
(1)
General. All supervised experience for licensure as a psychologist,
including the formal internship, must meet the following requirements:
(A)-(K)
(No change.)
(L)
All supervised experience obtained for the purpose of licensure
must be conducted in accordance with all applicable Board rules in effect
during the supervision experience [
(M)
(No change.)
(N)
The supervisee shall be designated by a title that clearly
indicates a supervisory licensing status such as "intern," "resident," "trainee,"
or "fellow." An individual who is a provisionally licensed psychologist may
use this title so long as those receiving psychological services are clearly
informed that the individual is under the supervision of a licensed psychologist.
Use of a different job title is permitted only if the supervisee is providing
services for a government facility or other facility exempted under §501.004
of the Act (Applicability) and the supervisee is using a title assigned by
that facility.
(O)
(No change.)
(2)
Formal Internship. At least one year of experience must
be satisfied by one of the following types of formal internship:
(A)
(No change.)
(B)
The successful completion of an organized internship meeting
all of the following criteria:
(i)-(ii)
(No change.)
(iii)
The internship agency must have two or more full-time
[
(iv)-(ix)
(No change.)
[(x)
The internship level psychology trainees
must have titles such as "intern", "resident", "fellow", or other designation
of trainee status.]
(x)
[
(C)
The successful completion of an organized internship program
in a school district meeting the following criteria:
(i)-(viii)
(No change.)
(ix)
The internship site shall inform interns concerning
[
(x)-(xiii)
(No change.)
(3)
(No change.)
(d)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 5, 2001.
TRD-200101988
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: May 20, 2001
For further information, please call: (512) 305-7700
22 TAC §463.14
The Texas State Board of Examiners of Psychologists proposes
amendments to §463.14 Written Examinations. The amendments are being
proposed in order to change the passing rate on the Jurisprudence Examination
from 70% to 90% to accommodate the conversion of this exam to open-book format.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rules are in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rules.
Ms. Lee also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be to make the rules easier for the general public and licensees
to follow and understand. There will be no effect on small businesses. There
is no anticipated economic costs to persons who are required to comply with
the rules as proposed.
Comments on the proposal may be submitted to Kourtney D. McDonald, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
Texas 78701, (512) 305-7700.
The amendments are 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 amendments do not affect other statutes, articles, or codes.
§463.14.Written Examinations.
(a)
Jurisprudence Examination. All applicants for licensure
by the Board are required to pass the Jurisprudence Examination prior to licensure.
[
(b)-(e)
(No change.)
(f)
Cutoff Scores. The minimum acceptable score for the EPPP
is seventy percent (70%) of questions scored for psychologist licensure applicants
and fifty-five percents (55%) of questions scored for psychological associate
licensure applicants on the pencil and paper version of the test. For computer-delivered
EPPP examinations, the cutoff scaled scores are 500 and 450 respectively.
All applicants, both doctoral and masters level, must receive a minimum score
of
ninety
[
(g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 5, 2001.
TRD-200101981
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: May 20, 2001
For further information, please call: (512) 305-7700
22 TAC §465.6
The Texas State Board of Examiners of Psychologists proposes
amendments to §465.6 Listings, Public Statements, Solicitations, and
Specialty Titles. The amendments are being proposed in order to address changing
practices within the profession.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rules are in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rules.
Ms. Lee also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be to make the rules easier for the general public and licensees
to follow and understand. There will be no effect on small businesses. There
is no anticipated economic costs to persons who are required to comply with
the rules as proposed.
Comments on the proposal may be submitted to Kourtney D. McDonald, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
Texas 78701, (512) 305-7700.
The amendments are 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 amendments do not affect other statutes, articles, or codes.
§465.6. Listings, Public Statements and Advertisements, Solicitations, and Specialty Titles.
(a)
(No change.)
(b)
Public Statements and Advertisements.
(1)
(No change.)
[
A licensee's authorization
of or use in any advertising or listing for the practice of psychology of
the term "Board Certified" or "Board Approved" or any similar words or phrases
calculated to convey the same meaning shall constitute misleading or deceptive
advertising, unless the licensee discloses the complete name of the specialty
board which conferred the aforementioned certification. A licensee may not
use the term "Board Certified" or "Board Approved" or any similar words or
phrase calculated to convey the same meaning if the claimed board certification
has expired and has not been removed at the time the advertising in question
was published or broadcast.]
(2)
[
(c)
Solicitation of Testimonials and/or Patients.
(1)-(2)
(No change.)
(d)
Specialty Titles. A psychologist may use a specialty title
only when one of the following criteria have been met:
(1)
Doctorate in the area of specialization;
[
Diplomat status in that area
from the American Board of Professional Psychology;]
(2)
[
(3)
[
[
Certificate of proficiency
from the American Psychological Association's College of Professional Psychology.]
(4)
Certification or approval or
diplomat status has been granted by a professional refereed board, provided
that the licensee indicates the name of the board which granted the title
and that the individual's status with the specialty board is current and in
good standing. Use of the term "Board Certified" or "Board Approved" or any
similar words or phrases calculated to convey the same meaning shall constitute
misleading or deceptive advertising, unless the licensee discloses the complete
name of the specialty board that conferred the aforementioned specialty title,
certification, approval, or diplomat status.
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 5, 2001.
TRD-200101983
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: May 20, 2001
For further information, please call: (512) 305-7700
22 TAC §465.38
The Texas State Board of Examiners of Psychologists proposes
amendments to §465.38 Psychological Services in Schools. The amendments
are being proposed in order to clarify contracting allowed by non-LSSPs in
the public schools.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rule easier for the general public and licensees
to follow and understand. There will be no effect on small businesses. There
is no anticipated economic costs to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Kourtney D. McDonald, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
Texas 78701, (512) 305-7700.
The amendments are 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 amendments do 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)
Definition.
(A)
(No change.)
(B)
A licensed specialist in school psychology means a person
who is trained to address psychological and behavioral problems manifested
in and associated with educational systems by utilizing psychological concepts
and methods in programs or actions which attempt to improve the learning,
adjustment and behavior of students [
(C)
(No change.)
(2)
(No change.)
(3)
Providers of School Psychological Services. School psychological
services may be provided in Texas public schools only by individuals authorized
by this Board to provide such services. Individuals who may provide such school
psychological services include licensed specialists in school psychology,
and interns or trainees as defined in §463.9 of this title (relating
to Licensed Specialist in School Psychology). Nothing in this rule prohibits
public schools from
contracting with
[
(4) - (7)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on April 5, 2001.
TRD-200101984
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: May 20, 2001
For further information, please call: (512) 305-7700
regardless of setting
].
equivalent
] licensed psychologists on the staff as primary supervisors.
(xi)
] The internship agency must
inform prospective interns about
[
have a written statement or brochure
which describes
] the goals and content of the internship,
as well
as the
[
stated clear
] expectations for quantity and quality
of trainee's work [
and must be made available to prospective interns
]; or
The internship must be memorialized by a written contractual
agreement specifying
] the period of the internship and the training
objectives of the program.
Applications for licensure by reciprocity may take the Jurisprudence
Examination at times mutually agreed upon between them and the Board's office.
All other applicants must take the examination at the times regularly scheduled
by the Board.
]
seventy
] percent
(90%)
[
(70%)
] of questions scored on the Board's Jurisprudence Examination.
The exam score of applicants for licensure who have already taken the EPPP
must satisfy the requirements of the Board as of the date of application to
the Board.
Chapter 465.
RULES OF PRACTICE
(2)
(3)
]Licensees who learn of false
or deceptive statements about their practices of psychology or their status
as providers of psychological services make reasonable efforts to correct
such statements.
(2)
(3)
]Retraining under the American
Psychological Association retraining guidelines of 1977;
(4)
]Documentation that the title
has been used for five years and documentation of academic course work and
relevant applied experience, if an individual was matriculated in a doctoral
program in psychology in 1977 or before;
(5)
including the assessment of emotional
or behavioral disturbance, for educational purposes, using psychological techniques
and procedures
].
Such activities include, but are not limited to,
addressing special education eligibility, conducting manifestation determinations,
and assisting with the development and implementation of individual educational
programs.
retaining
] licensed
psychologists and licensed psychological associates who are not licensed specialists
in school psychology to provide psychological services, other than school
psychology, in their areas of competency.
School districts may contract
for specific types of psychological services, such as clinical psychology,
counseling psychology, neuropsychology, and family therapy, which are not
within the competency of or which are not readily available from the licensed
specialists in school psychology employed by the school district. Such contracting
must be on a short term or part time basis and cannot involve the broad range
of school psychological services listed in paragraph (1) (B) of this section.
Chapter 470.
ADMINISTRATIVE PROCEDURES