Part 5.
STATE BOARD OF DENTAL EXAMINERS
Chapter 101.
DENTAL LICENSURE
22 TAC §101.7
The State Board of Dental Examiners proposes amendments to §101.7,
Licensure by Credentials - Dentists. The amended §101.7(9), requires
additional background verification of applicants wishing to be licensed through
credentialing. Rule 101.7(9) is amended to require an applicant make application
with the Professional Background Information Services (PBIS), request a Level
II verification, pay to PBIS the required fees, and request that verification
be sent to the SBDE for determination of successful background verification.
This requirement is in addition to the current requirement under §101.7(9)
that an applicant successfully pass background checks for criminal or fraudulent
activities through information obtained from the National Practitioner Data
Bank, the Healthcare Integrity and Protection Data Bank, and/or the AADE Clearinghouse
for Disciplinary Action.
Jeffry R. Hill, Executive Director, State Board of Dental Examiners, has
determined for the first five year period the amended rule is in effect there
will be limited fiscal implications for state government and no impact for
local government as a result of enforcing or administering the rule.
There is an anticipated economic cost to persons who are required to comply
with the amended section. There is no anticipated local employment impact
as a result of enforcing this amended section.
Mr. Hill also has determined that for each year of the first five years
the amended section is in effect, the public benefit anticipated as a result
of the amended section will be uniformity in licensees' qualifications for
licensure through background verification requirements to enable only those
applicants meeting these requirements to practice dentistry in the State of
Texas.
The fiscal implications for small or large businesses will be minimal or
none at all. Therefore the SBDE has determined that compliance with the proposed
amended rule will not have an adverse economic impact on small business when
compared to large businesses. The requirement for PBIS under §101.7(9),
specifically the requirement of fees, will impact individuals who make application
and not small or large businesses.
Comments on the proposal may be submitted to Mei Ling Clendennen, Assistant
Executive Director, State Board of Dental Examiners, 333 Guadalupe, Tower
3, Suite 800, Austin, Texas 78701, (512-463-6400). To be considered, all written
comments must be received by the State Board of Dental Examiners no later
than 30 days from the date that this amended rule is published in the
The amended rule is proposed under Texas Government Code §2001.021
et seq.; Texas Civil Statutes, the Occupations Code §254.001 which provides
the State Board of Dental Examiners with the authority to adopt and enforce
rules necessary for it to perform its duties, and to ensure compliance with
laws relating to the practice of dentistry, and §256.101 which provides
for the issuance of a license to certain out-of-state applicants.
The proposed amended rule does not affect other statutes, articles, or
codes.
§101.7.Licensure by Credentials - Dentists.
The State Board of Dental Examiners will license applicants by credentials
upon payment of a fee, in an amount set by the Board, who meet all SBDE and
State of Texas minimum applicant requirements and general licensure qualifications
and all of the following criteria:
(1)
Has graduated from a dental school accredited by the Commission
on Dental Accreditation of the American Dental Association. Dental Schools
so accredited are approved by the State Board of Dental Examiners for purposes
of licensing their graduates of credentials;
(2)
Is currently licensed in good standing in another state,
the District of Columbia, or territory of the United States that has licensing
requirements that are substantially equivalent to the requirements of the
Texas Dental Practice Act;
(3)
Has practiced dentistry:
(A)
For a minimum of five years immediately preceding application
to the State Board of Dental Examiners; or
(B)
As a dental educator at a dental or dental hygiene school
accredited by the Commission on Dental Accreditation of the American Dental
Association for a minimum of five years immediately preceding application
to the State Board of Dental Examiners;
(4)
Is endorsed by the state board of dentistry of the jurisdiction
of current practice. Such endorsement is established by providing a copy under
seal of the jurisdiction entity of the current dentist's license and by a
certified statement that he/she has current good standing in said jurisdiction;
(5)
Has not been the subject of final or pending disciplinary
action in any jurisdiction in which applicant is or has been licensed;
(6)
Has taken and passed the jurisprudence examination administered
by the State Board of Dental Examiners within one year immediately prior to
application;
(7)
Has passed a national written examination relating to dentistry
as certified by the American Dental Association Joint Commission on National
Dental Examinations or other examination approved by the SBDE;
(8)
Has passed a state or regional general dentistry clinical
examination;
(9)
Has successfully passed background checks for criminal
or fraudulent activities to include information from the National Practitioner
Data Bank, the Healthcare Integrity and Protection Data Bank and/or the AADE
Clearinghouse for Disciplinary Action
.
[
(10)
Practice experience described in paragraph (3) of this
section must be subsequent to applicant having graduated from a dental school
accredited by the Commission on Dental Accreditation of the American Dental
Association; and
(11)
Each candidate for licensure by credentials must submit
to the Board the required documents and information prescribed in this rule
and other documents or information that may be requested to enable the Board
to evaluate an application and take appropriate actions.
(12)
Shows proof of current CPR certification as required by
the Texas Dental Practice Act Chapter 256, Section 256.101.
(13)
Submits proof of completion of 12 hours of continuing
education taken within the twelve months preceding the date the licensure
application is received by the SBDE. All hours shall be taken in accordance
with the provisions as cited in §104.1 (5)-(7) of this title (relating
to Requirements) and §104.2 of this title (relating to Providers).
(14)
An application for licensure is filed with the State Board
of Dental Examiners when it is actually received, date-stamped, and logged-in
by the State Board of Dental Examiners along with all required documentation
and fees. An incomplete application for licensure and fee will be returned
to applicant within three working days with an explanation of additional documentation
or information needed.
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 February 4, 2002.
TRD-200200685
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 17, 2002
For further information, please call: (512) 463-6400
22 TAC §103.2
The State Board of Dental Examiners proposes amendments to §103.2,
Licensure by Credentials, Dental Hygienists. The amended §103.2(10),
requires additional background verification of applicants wishing to be licensed
through credentialing. Rule 103.2(10) is amended to require an applicant make
application with the Professional Background Information Services (PBIS),
request a Level II verification, pay to PBIS the required fees, and request
that verification be sent to the SBDE for determination of successful background
verification. This requirement is in addition to the current requirement under §103.2(10)
that an applicant successfully pass background checks for criminal or fraudulent
activities through information obtained from the National Practitioner Data
Bank, the Healthcare Integrity and Protection Data Bank, and/or the AADE Clearinghouse
for Disciplinary Action.
Jeffry R. Hill, Executive Director, State Board of Dental Examiners, has
determined for the first five year period the amended rule is in effect there
will be minimal fiscal implications for state government and none for local
government as a result of enforcing or administering the rule.
There is an anticipated economic cost to persons who are required to comply
with the amended section. There is no anticipated local employment impact
as a result of enforcing this amended section.
Mr. Hill also has determined that for each year of the first five years
the amended section is in effect, the public benefit anticipated as a result
of the amended section will be uniformity in licensees' qualifications for
licensure through background verification requirements to enable only those
applicants meeting these requirements to practice dentistry in the State of
Texas.
The fiscal implications for small or large businesses will be minimal or
none at all. Therefore the SBDE has determined that compliance with the proposed
amended rule will not have an adverse economic impact on small business when
compared to large businesses. The requirement for PBIS under §103.2(10),
specifically the requirement of fees, will impact individuals who make application
and not small or large businesses.
Comments on the proposal may be submitted to Mei Ling Clendennen, Assistant
Executive Director, State Board of Dental Examiners, 333 Guadalupe, Tower
3, Suite 800, Austin, Texas 78701, (512-463-6400). To be considered, all written
comments must be received by the State Board of Dental Examiners no later
than 30 days from the date that this amended rule is published in the
The amended rule is proposed under Texas Government Code §2001.021
et seq.; Texas Civil Statutes, the Occupations Code §254.001 which provides
the State Board of Dental Examiners with the authority to adopt and enforce
rules necessary for it to perform its duties, and to ensure compliance with
laws relating to the practice of dentistry, and §256.101 which provides
for the issuance of a license to certain out-of-state applicants.
The proposed amended rule does not affect other statutes, articles, or
codes.
§103.2.Licensure by Credentials, Dental Hygienists.
The State Board of Dental Examiners will license dental hygiene applicants
by credentials upon payment of a fee, in the amount set by the Board, who
meet all SBDE and State of Texas minimum applicant requirements, general licensure
qualifications, and all of the following criteria:
(1)
Has graduated from a dental hygiene school accredited by
the Commission on Dental Accreditation of the American Dental Association.
Dental Hygiene schools so accredited are approved by the State Board of Dental
Examiners for purposes of licensing their graduates by credentials;
(2)
Is currently licensed in good standing in another state,
the District of Columbia, or territory of the United States, that has licensing
requirements that are substantially equivalent to the requirements of the
Texas Dental Practice Act;
(3)
Has practiced dental hygiene:
(A)
For a minimum of three years immediately preceding application
to the State Board of Dental Examiners. An applicant has practiced dental
hygiene for three years if he or she has been actively engaged in practice
for at least twenty-six weeks in each of the past three years preceding application,
or
(B)
As a dental educator at a dental or dental hygiene school
accredited by the Commission on Dental Accreditation of the American Dental
Association for a minimum or five years immediately preceding application
to the State Board of Dental Examiners;
(4)
Is endorsed by the state board of dentistry of the jurisdiction
of current practice. Such endorsement is established by providing a copy under
seal of the jurisdictional entity of the current dental hygienist's license
and by a certified statement that he/she has current good standing in said
jurisdiction;
(5)
Has not been the subject of final or pending disciplinary
action in any jurisdiction in which applicant is or has been licensed;
(6)
Has taken and passed the jurisprudence examination administered
by the State Board of Dental Examiners within one year immediately prior to
application;
(7)
Has passed a national written examination relating to dental
hygiene as certified by the American Dental Association Joint Commission on
National Dental Examinations or other examination approved by the SBDE;
(8)
Has passed a state or regional general dental hygiene clinical
examination;
(9)
Is reputable, as demonstrated by at least 2 letters of
character reference which have been notarized;
(10)
For applications filed after
August 31, 2002, an applicant shall make application with the Professional
Background Information Services (PBIS), requesting Level II verification,
paying the required fees, and requesting verification be sent to the board
for determination of successful background verification.
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
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 February 4, 2002.
TRD-200200686
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 17, 2002
For further information, please call: (512) 463-6400
Subchapter A. PROFESSIONAL RESPONSIBILITY
22 TAC §108.5
The State Board of Dental Examiners proposes amendments to §108.5,
Termination of Relationship. Rule 108.5 is amended and titled, "Patient Abandonment."
This rule deals with patient abandonment and prohibits patient abandonment
by a dentist. The amended rule requires a dentist provide the patient adequate
notice and the opportunity to obtain the services of another dentist prior
to discontinuing treatment that has been undertaken by the dentist. The rule
also requires that a dentist shall exercise the level of care necessary to
prevent jeopardizing the patient's oral health during this process.
Jeffry R. Hill, Executive Director, State Board of Dental Examiners, has
determined for the first five year period the amended rule is in effect there
will be no fiscal implications for local or state government as a result of
enforcing or administering the rule.
There is no anticipated economic cost to persons who are required to comply
with the amended rule. There is no anticipated local employment impact as
a result of enforcing this amended section.
Mr. Hill also has determined that for each year of the first five years
the amended rule is in effect, the public benefit anticipated as a result
of the rule will be the safeguarding of patients' oral health once a course
of treatment has been undertaken by a dentist with the delivery of dentistry
according to the level of care with respect to patient abandonment.
The fiscal implications for small or large businesses will be minimal or
none at all. Therefore the SBDE has determined that compliance with the proposed
amended rule will not have an adverse economic impact on small business when
compared to large businesses.
Comments on the proposal may be submitted to Mei Ling Clendennen, Assistant
Executive Director, State Board of Dental Examiners, 333 Guadalupe, Tower
3, Suite 800, Austin, Texas 78701, (512-463-6400). To be considered, all written
comments must be received by the State Board of Dental Examiners no later
than 30 days from the date that this amended rule is published in the
The amended rule is proposed under Texas Government Code §2001.021
et seq.; Texas Civil Statutes, the Occupations Code §254.001 which provides
the State Board of Dental Examiners with the authority to adopt and enforce
rules necessary for it to perform its duties, and to ensure compliance with
laws relating to the practice of dentistry.
The proposed amended rule does not affect other statutes, articles, or
codes.
§108.5. Patient Abandonment [
(a)
A dentist, without reasonable cause, shall
not abandon a dental patient. Once a dentist has undertaken a course of treatment,
the dentist, absent reasonable cause, shall not discontinue that treatment
without giving the patient adequate notice and the opportunity to obtain the
services of another dentist. A dentist shall exercise the level of care necessary
to prevent jeopardizing the patient's oral health during this process.
[
[
[
[(A)
a short description of the patient's current status, including
the patient's current diagnosis and a summary of the patient's current treatment
plan;]
[
[
[
[
[
(b)
Under this section, a dentist
shall give a minimum of 30 days written notice of his/her intent to discontinue
undertaken treatment. Notice shall be either hand-delivered to the patient
or sent via certified mail, return receipt requested to the patient's last
known address, with the dentist retaining a copy of the notice letter in the
patient's file along with proof of service. Adequate notice shall include
the following:
(1)
a short description of the patient's current
status, including the patient's current diagnosis and a summary of the patient's
current treatment plan;
(2)
a short description of the patient's present
and future needs;
(3)
an explanation regarding the consequences of
non-treatment;
(4)
a recommendation that the patient continue care
with another dentist; and
(5)
a clear statement emphasizing that the dentist
is available to provide any emergency treatment necessary to prevent patient
harm during the 30-day period.
(c)
A dentist shall remain reasonably
available to render any emergency treatment necessary under (b)(5) of this
section for up to 30 days from the date of such notice.
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 February 4, 2002.
TRD-200200687
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 17, 2002
For further information, please call: (512) 463-6400
Chapter 371.
EXAMINATIONS
22 TAC §371.3
The Texas State Board of Podiatric Medical Examiners proposes
amendments to §371.3 concerning Qualification of Applicants. The amendment
is being proposed to make the necessary changes needed to include the Texas
Occupations Code numbering system that replaces the old Texas Civil Statutes
and to change the rules for the administration of the examination to be changed
from an oral to a jurisprudence exam.
Allen M. Hymans, Executive Director has determined that for each year of
the first five years the sections are in effect there will be no fiscal implications
as a result of enforcing or administering these sections.
Mr. Hymans has also determined that for each year for the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rules will be that the candidates will not have to wait for six months
to take the test and therefore will be able to get a license and serve the
public more quickly.
Comments on or about the proposal may be submitted to Janie Alonzo, Staff
Services Officer III, Texas State Board of Podiatric Medical Examiners, P.O.
Box 12216, Austin, TX 78711-2216, Janie.Alonzo@foot.state.tx.us.
The amendments are being proposed under Texas Occupations Code, §202.151,
which provides the Texas State Board of Podiatric Medical Examiners with the
authority to adopt reasonable or necessary rules and bylaws consistent with
the law regulating the practice of podiatry, the law of this state, and the
law of the United States to govern its proceedings and activities, the regulation
of the practice of podiatry and the enforcement of the law regulating the
practice of podiatry.
The proposed amendments implement Texas Occupations Code, §202.254.
§371.3.Qualification of Applicants.
(a) - (b)
(No change.)
(c)
All applicants shall have completed the number of college
courses required by the
Texas Occupations Code, §202.252(b)(3),
[
(d) - (e)
(No change.)
(f)
If §371.6(e) of this title (relating to
Administration
of Examination
[
(g) - (j)
(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 February 4, 2002.
TRD-200200660
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Earliest possible date of adoption: March 17, 2002
For further information, please call: (512) 305-7002
Chapter 463.
APPLICATIONS AND EXAMINATIONS
22 TAC §463.11
The Texas State Board of Examiners of Psychologists proposes
amendments to §463.11, concerning Licensed Psychologist. The amendments
are being proposed 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.
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 rules easier for the licensees and 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 Kourtney D. McDonald, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
TX 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 amendment does not affect other statutes, articles, or codes.
§463.11.Licensed Psychologist.
(a) - (c)
(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 February 1, 2002.
TRD-200200642
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 17, 2002
For further information, please call: (512) 305-7700
22 TAC §463.13
The Texas State Board of Examiners of Psychologists proposes
new rule §463.13, concerning Requirements for Experienced Out-of-State
Applicants. The new rule is being proposed 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.
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 rules easier for the licensees and 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 Kourtney D. McDonald, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
TX 78701, (512) 305-7700.
The new rule 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 new rule does not affect other statutes, articles, or codes.
§463.13.Requirements for Experienced Out-of-State Applicants.
An applicant who provides documentation that the applicant has been
actively licensed and in good standing as a psychologist in another jurisdiction
for 10 years, and for at least 5 years consecutively before the application
is submitted must meet the following requirements, which are a substitute
for Board rule §463.11:
(1)
The applicant must have already obtained provisional licensure
and must document that the applicant is a provisionally licensed psychologist
in good standing.
(2)
Supervised experience. The applicant must affirm that the
applicant has received 3,000 hours of experience supervised by a psychologist
licensed in the state where the supervision took place. At least half of these
hours (1,500 hours) must have been completed after the doctoral degree was
conferred or completed. The formal internship year may be met either before
or after the doctoral degree was conferred or completed, as indicated on the
official transcript.
(3)
The applicant must document that the applicant has not
received any disciplinary action by any other jurisdiction and that there
is no pending action or complaint against the applicant in any other jurisdiction.
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 February 1, 2002.
TRD-200200643
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 17, 2002
For further information, please call: (512) 305-7700
22 TAC §463.15
The Texas State Board of Examiners of Psychologists proposes
amendments to §463.15, concerning Requirements for Experienced Out-of-State
Applicants. The amendments are being proposed in order to exempt persons who
qualify for licensure by experience (Board rule §463.13) from having
to take the Oral Examination.
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 rules easier for the licensees and 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 Kourtney D. McDonald, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
TX 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 amendment does not affect other statutes, articles, or codes.
§463.15.Oral Examination.
(a)
(No change.)
(b)
Eligibility. To be eligible for licensure as a psychologist,
all provisionally licensed psychologists shall be required to take and pass
the oral exam administered by the Board. Only provisionally licensed psychologists
may apply to take the oral exam. The Board shall waive this requirement for
Diplomates of the American Board of Professional Psychology
, individuals
who qualify for licensure by experience pursuant to Board rule §463.13,
and for individuals who qualify for licensure under reciprocity.
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 February 1, 2002.
TRD-200200644
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 17, 2002
For further information, please call: (512) 305-7700
22 TAC §465.18
The Texas State Board of Examiners of Psychologists proposes
amendments to §465.18, concerning Forensic Services. The amendments are
being proposed in order to add substantive requirements for psychologists
who perform child custody evaluations and to add an exception to the informed
consent requirement for situations in which consent is precluded by court
order.
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 rules easier for the licensees and 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 Kourtney D. McDonald, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
TX 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 amendment does not affect other statutes, articles, or codes.
§465.18.Forensic Services.
(a) - (b)
(No change.)
(c)
Describing the Nature of Services. Licensees who interview
or examine an individual for purposes of providing forensic services must
first inform the individual of the specific purpose of the interview or examination,
the party on whose behalf they are performing the services, the use to which
the information gathered will be put and who will have access to the results.
If there are multiple parties, the psychologist must obtain written informed
consent from all adult participants unless informed consent is precluded by
court order. All participants must be made aware of the purpose and scope
of the evaluation, who has requested the service, and who will be paying fees.
Psychologists also inform parties on limits to confidentiality where the engagement
involves testimony.
(d)
Child Custody Evaluations.
(1)
The primary consideration in a child custody
evaluation is to assess the individual and family factors that affect the
best psychological interests of the child, who is the client. Other factors
or specific factors may also be addressed given a specific forensic services
engagement.
(2)
Child custody evaluations generally involve
an assessment of the adults' capacity for parenting, an assessment of the
psychological functioning, developmental needs, and wishes of the child, and
the functional ability of each parent to meet such needs. Other socioeconomic
factors, family, collateral and community resources may also be taken into
secondary consideration.
(3)
The role of the psychologist in a child custody
forensic engagement is one of a professional expert. The psychologist cannot
function as an advocate and must retain impartiality and objectivity, regardless
of whether retained by the court or a party to the divorce. The psychologist
must not perform an evaluation where there has been a prior therapeutic relationship
with the child or the child's immediate family members, unless required to
do so by court order.
(4)
The scope of the evaluation is determined by
the psychologist based on the referral question(s). Licensees must comprehensively
perform the evaluation based on the scope of the referral, but not exceed
the scope of the referral.
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 February 1, 2002.
TRD-200200645
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 17, 2002
For further information, please call: (512) 305-7700
22 TAC §473.1, §473.2
The Texas State Board of Examiners of Psychologists proposes
amendments to §473.1, concerning Application Fees (Not Refundable) and §473.2,
concerning Examination Fees (Not Refundable). The amendments are being proposed
in order to fulfill requirements of contingent revenue for Fiscal Year 2002-2003
appropriations for the Board effective September 1, 2002.
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 rule will be to make the rules easier for the licensees and 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 rules as proposed.
Comments on the proposals 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.
§473.1.Application Fees (Not Refundable).
(a)
Psychological Associate Licensure
$170
[
(b)
Provisionally Licensed Psychologist
$320
[
(c)
Licensure
$160
[
(d)
Reciprocity
$460
[
(e)
Licensed Specialist in School Psychology
$200
[
§473.2.Examination Fees (Not Refundable).
(a)
(No change.)
(b)
Jurisprudence--
$210
[
(c)
Oral Examination--
$320
[
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 February 1, 2002.
TRD-200200647
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 17, 2002
For further information, please call: (512) 305-7700
22 TAC §473.5
The Texas State Board of Examiners of Psychologists proposes
amendments to §473.5, concerning Miscellaneous Fees (Not Refundable).
The amendments are being proposed in order to clarify miscellaneous fees for
staff analysis of the Jurisprudence Examination.
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 rules easier for the licensees and 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 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.
§473.5.Miscellaneous Fees (Not Refundable).
(a) - (e)
(No change.)
(f)
Analysis
[
(g) - (i)
(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 February 1, 2002.
TRD-200200646
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 17, 2002
For further information, please call: (512) 305-7700
Chapter 651.
FEES
;
]
For
applications filed after August 31, 2002, an applicant shall make application
with the Professional Background Information Services (PBIS), requesting Level
II verification, paying the required fees, and requesting verification be
sent to the board for determination of successful background verification.
Chapter 103.
DENTAL HYGIENE LICENSURE
(10)
] Practice experience described
in paragraph (3) of this title must be subsequent to applicant having graduated
from a dental hygiene school accredited by the Commission on Dental Accreditation
of the American Dental Association; and
(11)
] Each candidate for licensure
by credentials must submit to the Board the required documents and information
prescribed in this §103.2 and other documents or information that may
be requested, to enable the Board to evaluate an application and take appropriate
actions.
(12)
] Shows proof of current CPR
certification as required by the Texas Dental Practice Act, Chapter 256, Section
256.101.
(13)
] Submits proof of completion
of 12 hours of continuing education taken within the twelve months preceding
the date the licensure application is received by the SBDE. All hours shall
be taken in accordance with the provisions as cited in §104.1 (5)-(7)
of this title (relating to Requirements) and §104.2 of this title (relating
to Providers).
(14)
] An application for licensure
is filed with the State Board of Dental Examiners when it is actually received,
date-stamped, and logged-in by the State Board of Dental Examiners along with
all required documentation and fee. An incomplete application for licensure
and fee will be returned to applicant within three working days with an explanation
of additional documentation or information needed.
Chapter 108.
PROFESSIONAL CONDUCT Termination of Relationship ].
A dentist shall not abandon a dental patient he/she has undertaken to
treat.
]
(1)
to terminate a dentist-patient
relationship, a dentist shall give a minimum of 30 days written notice of
his/her intent to discontinue treatment. This notice shall be either hand-delivered
to the patient or sent via certified mail, return receipt requested to the
patient's last known address. A dentist shall retain a copy of the notice
letter in the patient's file.]
(2)
to constitute proper written
notice, a dentist shall include the following: ]
(B)
a short description of the patient's present
and future dental needs;]
(C)
an explanation regarding the consequences of
non-treatment;]
(D)
a recommendation that the patient continue
care with another dentist; and]
(E)
a clear statement emphasizing that the dentist
is available to provide any treatment necessary to prevent patient harm, including
emergency treatment that the patient may require during the 30-day period.]
(3)
a dentist shall continue to
render appropriate care for at least 30 days from when the requisite written
notice of a dentist's intent to terminate was mailed.]
Part 18.
TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS
Texas Civil Statutes Article 4570(b)(3),
] and graduated
from an accredited college of Podiatric Medicine in the United States. The
applicant's entire course of instruction must be from such an approved college,
and the college must have been so approved during the entire course of the
applicant's course of instruction.
Time, Place and Scope of Examinations
]) applies,
all applicants must meet the overall minimum cut score for the
jurisprudence
[
criterion referenced
] exam. Each applicant shall cause
their test scores from such exam to be sent directly from the testing entity
to the Board.
Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
(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.]
Chapter 465.
RULES OF PRACTICE
Chapter 473.
FEES
$160
]
$310
]
$150
]
$450
]
$190
]
$200
]
$300
]
Hand scoring
] of jurisprudence
examination--$50.
Part 28.
EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS