TITLE 22.EXAMINING BOARDS

Part 2. TEXAS STATE BOARD OF BARBER EXAMINERS

Chapter 51. PRACTICE AND PROCEDURE

Subchapter A. THE BOARD

22 TAC §51.5

The Texas State Board of Barber Examiners adopts an amendment to §51.5, concerning Good Standing Required for License Renewal. The amendment is adopted without changes to the proposed text as published in the February 8, 2002, issue of Texas Register (27 TexReg 857).

The amendment provides that neither a license nor a permit may be issued or renewed unless the licensee is in good standing with the Board.

The Board received no comments on the proposed amendment to §51.5.

The amendment is adopted under the Texas Occupations Code, Subchapters F and M, and §1601.151 which vests the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties, to establish standards of conduct and ethics for all persons licensed or practicing under the provision of the Texas Barber Law, and to regulate the practice and teaching of barbering in keeping with the intent of the Texas Barber Law and to ensure strict compliance with the Texas Barber Law.

No other article or statute is affected by this amendment.

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 April 12, 2002.

TRD-200202290

Douglas A. Beran, Ph.D.

Executive Director

Texas State Board of Barber Examiners

Effective date: May 2, 2002

Proposal publication date: February 8, 2002

For further information, please call: (512) 458-4901


22 TAC §51.7

The Texas State Board of Barber Examiners adopts new §51.7, concerning Cost of Administrative Hearings without changes to the proposed text as published in the February 8, 2002, issue of the Texas Register (27 TexReg 857).

The new rule is pursuant to House Bill 2812, 77th Texas Legislature, Regular Session, and sets forth procedures regarding administrative fines and penalties.

The Board received no comments on the proposed new §51.7.

The new rule is adopted under the Texas Occupations Code Chapter 1601 (Subchapter O. Administrative Penalties) and Chapter 1601, §1601.151 which vests the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties, to establish standards of conduct and ethics for all persons licensed or practicing under the provision of the Texas Barber Law, and to regulate the practice and teaching of barbering in keeping with the intent of the Texas Barber Law and to ensure strict compliance with the Texas Barber Law.

No other article or statute is affected by this new rule.

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 April 12, 2002.

TRD-200202287

Douglas A. Beran, Ph.D.

Executive Director

Texas State Board of Barber Examiners

Effective date: May 2, 2002

Proposal publication date: February 8, 2002

For further information, please call: (512) 458-4901


Subchapter B. BARBER COLLEGES, SCHOOLS, AND STUDENTS

22 TAC §51.30

The Texas State Board of Barber Examiners adopts an amendment to §51.30, concerning Registered Barber Course. The amendment is adopted without changes to the proposed text as published in the February 8, 2002, issue of Texas Register (27 TexReg 858).

The amendment is pursuant to Senate Bill 660, 77th Texas Legislature, Regular Session. The amendment provides that manicuring shall be optional and that first aid and safety precautions shall be 11 hours rather than 10 hours in the curriculum to prepare a student for the examination for the registered barber license.

The Board received no comments on the proposed amendment to §51.30.

The amendment is adopted under the Texas Occupations Code Chapter 1601, §1601.151 which vests the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties, to establish standards of conduct and ethics for all persons licensed or practicing under the provision of the Texas Barber Law, and to regulate the practice and teaching of barbering in keeping with the intent of the Texas Barber Law and to ensure strict compliance with the Texas Barber Law.

No other article or statute is affected by this amendment.

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 April 12, 2002.

TRD-200202285

Douglas A. Beran, Ph.D.

Executive Director

Texas State Board of Barber Examiners

Effective date: May 2, 2002

Proposal publication date: February 8, 2002

For further information, please call: (512) 458-4901


22 TAC §51.31

The Texas State Board of Barber Examiners adopts an amendment to §51.31, concerning Manicurist Course. The amendment is adopted without changes to the proposed text as published in the February 8, 2002, issue of Texas Register (27 TexReg 859).

The amendment is pursuant to Senate Bill 660, 77th Texas Legislature, Regular Session. The amendment provides for a new manicurist license training course consisting of 600 rather than 300 hours of instruction for not less than 16 weeks rather than eight weeks.

The Board received no comments on the proposed amendment to §51.31.

The amendment is adopted under the Texas Occupations Code Chapter 1601, §1601.354 and §1601.151 which vests the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties, to establish standards of conduct and ethics for all persons licensed or practicing under the provision of the Texas Barber Law, and to regulate the practice and teaching of barbering in keeping with the intent of the Texas Barber Law and to ensure strict compliance with the Texas Barber Law.

No other article or statute is affected by this amendment.

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 April 12, 2002.

TRD-200202286

Douglas A. Beran, Ph.D.

Executive Director

Texas State Board of Barber Examiners

Effective date: May 2, 2002

Proposal publication date: February 8, 2002

For further information, please call: (512) 458-4901


22 TAC §51.32, §51.33

The Texas State Board of Barber Examiners adopts the repeal of §51.32, concerning Wig Specialist Course and §51.33, concerning Wig Instructor Course. The repeals are adopted without changes to the proposal as published in the February 8, 2002, issue of Texas Register (27 TexReg 860).

The repeal is pursuant to Senate Bill 660, 77th Texas Legislature, Regular Session. The repeal deletes the following requirements for a barber school permit: Wig Specialist Course (300 hours of instruction in the care and treatment of wigs) and Wig Instructor Course (200 hours of instruction in advanced courses and methods of the care of wigs).

The Board received no comments on the proposed repeal of §51.32 and §51.33.

The repeal is adopted under the Texas Occupations Code Chapter 1601, §1601.354(a) and 1601.151 which vests the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties, to establish standards of conduct and ethics for all persons licensed or practicing under the provision of the Texas Barber Law, and to regulate the practice and teaching of barbering in keeping with the intent of the Texas Barber Law and to ensure strict compliance with the Texas Barber Law.

Texas Occupations Code Chapter 1602, §1602.002 is affected by this repeal.

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 April 12, 2002.

TRD-200202288

Douglas A. Beran, Ph.D.

Executive Director

Texas State Board of Barber Examiners

Effective date: May 2, 2002

Proposal publication date: February 8, 2002

For further information, please call: (512) 458-4901


Subchapter C. EXAMINATION AND LICENSING

22 TAC §51.77

The Texas State Board of Barber Examiners adopts new §51.77, concerning Barber Shop Permit. The new rule is adopted without changes to the proposed text as published in the February 8, 2002, issue of Texas Register (27 TexReg 860).

The new rule is pursuant to Senate Bill 660, 77th Texas Legislature, Regular Session, and sets forth the criteria for the issuance of a barbershop permit to an applicant.

The Board received no comments on the proposed new §51.77.

The new rule is adopted under the Texas Occupations Code Chapter 1601, §1601.151 and §1601.303 which vests the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties, to establish standards of conduct and ethics for all persons licensed or practicing under the provision of the Texas Barber Law, and to regulate the practice and teaching of barbering in keeping with the intent of the Texas Barber Law and to ensure strict compliance with the Texas Barber Law.

No other article or statute is affected by this new rule.

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 April 12, 2002.

TRD-200202289

Douglas A. Beran, Ph.D.

Executive Director

Texas State Board of Barber Examiners

Effective date: May 2, 2002

Proposal publication date: February 8, 2002

For further information, please call: (512) 458-4901


Subchapter D. BARBER SHOPS

22 TAC §51.98

The Texas State Board of Barber Examiners adopts new §51.98, concerning State-Mandated Fee for Occupational Licensing Transactions Using the Internet. The new rule is adopted without changes to the proposed text as published in the March 8, 2002, issue of Texas Register (27 TexReg 1640).

The new rule is pursuant to Senate Bill 187 and Senate Bill 645, 77th Texas Legislature, Regular Session, and sets forth the subscription fee per licensee prescribed by the TexasOnline Authority for the Texas State Board of Barber Examiners.

The Board received no comments on the proposed new §51.98.

The new rule is adopted under the requirements of Senate Bill 187 and Senate Bill 645, 77th Texas Legislature, Regular Session, and the Texas Occupations Code Chapter 1601, §1601.155 Authority to Set Fees and §1601.151 General Powers and Duties of the Board which vests the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties, to establish standards of conduct and ethics for all persons licensed or practicing under the provision of the Texas Barber Law, and to regulate the practice and teaching of barbering in keeping with the intent of the Texas Barber Law and to ensure strict compliance with the Texas Barber Law.

No other article or statute is affected by this new rule.

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 April 12, 2002.

TRD-200202291

Douglas A. Beran, Ph.D.

Executive Director

Texas State Board of Barber Examiners

Effective date: May 2, 2002

Proposal publication date: March 8, 2002

For further information, please call: (512) 458-4901


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 adopts amendments to §463.11, concerning Licensed Psychologist, without changes to the proposed text as published in the February 15, 2002, issue of the Texas Register (27 TexReg 1095).

The amendments are being adopted in order to remove the limited exceptions granted to out-of-state psychologists with experience so that the more general licensure for experience could be added to Board rule §463.13.

The adopted rule will make the rules easier for the licensees and public to follow and understand.

No comments were received regarding the adoption of the amendments.

The amendments are adopted 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.

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 April 12, 2002.

TRD-200202247

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: May 2, 2002

Proposal publication date: February 15, 2002

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


22 TAC §463.13

The Texas State Board of Examiners of Psychologists adopts new Board rule §463.13, concerning Requirements for Experienced Out-of-State Applicants, without changes to the proposed text as published in the February 15, 2002, issue of the Texas Register (27 TexReg 1095).

The new rule is being adopted in order to facilitate licensure of long-term licensees of other states who do not have a reciprocity agreement with Texas. The rule requires provisional licensure, but reduces the technical requirements for verifying supervised experience.

The adopted rule will make the rules easier for the licensees and public to follow and understand.

No comments were received regarding the adoption of the new rule.

The new rule is adopted 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.

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 April 12, 2002.

TRD-200202248

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: May 2, 2002

Proposal publication date: February 15, 2002

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


22 TAC §463.15

The Texas State Board of Examiners of Psychologists adopts amendments to §463.15, concerning Oral Examination, without changes to the proposed text as published in the February 15, 2002, issue of the Texas Register (27 TexReg 1096).

The amendments are being adopted in order to exempt persons who qualify for licensure by experience (Board rule §463.13) from having to take the Oral Examination.

The adopted rule will make the rules easier for the licensees and public to follow and understand.

No comments were received regarding the adoption of the amendments.

The amendments are adopted 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.

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 April 12, 2002.

TRD-200202249

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: May 2, 2002

Proposal publication date: February 15, 2002

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


Chapter 465. RULES OF PRACTICE

22 TAC §465.18

The Texas State Board of Examiners of Psychologists adopts amendments to §465.18, concerning Forensic Services, without changes to the proposed text as published in the February 15, 2002, issue of the Texas Register (27 TexReg 1096).

The amendments are being adopted in order to add substantive requirements for psychologists who perform child custody evaluations. The amendments are being re-proposed to add an exception to the informed consent requirement for situations in which consent is precluded by court order.

The adopted rule will make the rules easier for the licensees and public to follow and understand.

No comments were received regarding the adoption of the amendments.

The amendments are adopted 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.

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 April 12, 2002.

TRD-200202250

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: May 2, 2002

Proposal publication date: February 15, 2002

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


Chapter 473. FEES

22 TAC §473.5

The Texas State Board of Examiners of Psychologists adopts amendments to §473.5, concerning Miscellaneous Fees (Not Refundable), without changes to the proposed text as published in the February 15, 2002, issue of the Texas Register (27 TexReg 1098).

The amendments are being adopted in order to clarify miscellaneous fees for staff analysis of the Jurisprudence Examination.

The adopted rule will make the rules easier for the licensees and public to follow and understand.

No comments were received regarding the adoption of the amendments.

The amendments are adopted 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.

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 April 12, 2002.

TRD-200202251

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: May 2, 2002

Proposal publication date: February 15, 2002

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