TITLE 22.EXAMINING BOARDS

Part 9. TEXAS STATE BOARD OF MEDICAL EXAMINERS

Chapter 175. FEES, PENALTIES, AND APPLICATIONS

22 TAC §175.1

The Texas State Board of Medical Examiners proposes an amendment to §175.1, concerning Fees. The amendment will increase the fee for physician assistant annual registration. The funds will be used to support the on-line registration project.

Michele Shackelford, General Counsel, Texas State Board of Medical Examiners, has determined that for the first five-year period the section is in effect there will be fiscal implications to state or local government as a result of enforcing the rule as proposed. The fiscal impact follows: anticipated revenue to state - $5 x 2600 registrations = $13,000. Cost to those required to comply - $5 per year for each physician assistant.

Ms. Shackelford also has determined that for each year of the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the section will be funding to support the on-line registration project. There will be no effect on small or micro businesses.

Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768-2018. A public hearing will be held at a later date.

The amendment is proposed under the authority of the Occupations Code Annotated, §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.

The following are affected by the proposed amendment: Tex. Occ. Code Ann., §153.051.

§175.1.Fees.

The board shall charge the following fees.

(1) Physicians:

(A) processing an application for licensure examination (includes a $200 surcharge and one jurisprudence examination sitting)--$800;

(B) Jurisprudence examination fees (required and payable each time applicant is scheduled for a repeat of examination)--$50;

(C) processing an application for a special purpose license for practice of medicine across state lines (includes a $200 surcharge and one jurisprudence examination sitting)--$800;

(D) temporary license:

(i) regular--$50;

(ii) distinguished professor--$50;

(iii) state health agency--$50;

(iv) rural/underserved areas--$50;

(v) continuing medical education--$55;

(E) annual registration permit (includes a $200 surcharge)--$334;

(F) duplicate wall certificate--$45;

(G) processing an application for reissuance of license following revocation (includes a $200 surcharge and one jurisprudence examination sitting)--$800;

(H) office-based anesthesia site registration--$300.

(2) Physicians in Training:

(A) institutional permit (began training program prior to 6-1-2000)--$45;

(B) postgraduate resident permit--$60;

(C) temporary postgraduate resident permit--$50;

(D) faculty temporary permit--$110;

(E) visiting professor permit--$110;

(F) evaluation or re-evaluation of postgraduate training program--$250.

(3) Physician Assistants:

(A) processing application for licensure as a physician assistant--$200;

(B) temporary license--$50;

(C) annual renewal-- $155 [ $150 ].

(4) Acupuncturists/Acudetox Specialists:

(A) processing an application for licensure as an acupuncturist--$300;

(B) temporary license for an acupuncturist--$50;

(C) annual renewal for an acupuncturist--$250;

(D) acupuncturist distinguished professor--$50;

(E) processing an application for acudetox specialist--$50;

(F) annual renewal for acudetox specialist--$25;

(G) review of continuing acupuncture education courses--$50;

(H) review of continuing acudetox acupuncture education courses--$50.

(5) Non-Certified Radiologic Technicians:

(A) processing an application--$50;

(B) annual renewal--$50.

(6) Certification as a Non-Profit Health Organization:

(A) processing an application for new or initial certification--$2,500;

(B) processing an application for biennial recertification--$1,000;

(C) fee for a late application for biennial recertification--$1,000.

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 June 19, 2002.

TRD-200203829

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Earliest possible date of adoption: August 4, 2002

For further information, please call: (512) 305-7016


Part 21. TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS

Chapter 463. APPLICATIONS AND EXAMINATIONS

22 TAC §463.14

The Texas State Board of Examiners of Psychologists proposes amendments to §463.14, concerning Written Examinations. The amendments are being proposed in order to set a passing rate on the Jurisprudence Examination that is appropriate to application for licensure as a psychological associate.

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.

§463.14.Written Examinations.

(a)-(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 percent (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. Applicants for licensure as a psychological associate must receive a minimum score of eighty percent (80%) of a questions scored on the Board's Jurisprudence Examination. All other applicants for licensure [ ,both doctoral and masters level, ] must receive a minimum score of ninety percent (90%) 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.

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 June 19, 2002.

TRD-200203858

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: August 4, 2002

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


Chapter 465. RULES OF PRACTICE

22 TAC §465.1

The Texas State Board of Examiners of Psychologists proposes amendments to §465.1, concerning Definitions. The amendments are being proposed in order to clarify the correct term for forensic services and to provide clarifying language for other definitions. In addition, a superfluous definition is removed, insofar as it is contained in another Board rule.

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.

§465.1.Definitions.

The following terms have the following meanings:

(1)-(2) (No change.)

(3) "Forensic services [ psychology ]" is the provision of psychological services involving a court of law or the legal system. The provision of forensic psychological services includes any and all preliminary and exploratory services, testing, assessments, evaluations, interviews, examinations, depositions, oral or written reports, live or recorded testimony, or any psychological service provided by a licensee concerning a current or potential legal case at the request of a party or potential party, an attorney for a party, or a court, or any other individual or entity, regardless of whether the licensee ultimately provides a report or testimony that is utilized in a trial or hearing.

(4)-(8) (No change.)

(9) "Professional standards" are those standards determined by the Board through its rules, regulations, policies and any other sources adopted by the Board.

(10)-(12) (No change.)

[(13) "Sexual Relationship" has the definition set forth in §§465.33(c) of this title (relating to Improper Sexual Conduct).]

(13) [ (14) ] "Test data" refers to testing materials, test booklets, test forms, test protocols and answer sheets used in psychological testing to generate test results and test reports.

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 June 19, 2002.

TRD-200203859

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: August 4, 2002

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


22 TAC §465.9

The Texas State Board of Examiners of Psychologists proposes amendments to §465.9, concerning Competency. The amendments are being proposed in order to clarify the duties of licensees when providing emergency psychological services.

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.

§465.9.Competency.

(a)-(h) (No change.)

(i) Emergency Situations. In emergencies, when licensees are asked to provide services to individuals for whom appropriate mental health services are not available and for which the licensee has not obtained the necessary competence, licensees may provide such services only to the extent necessary to ensure that services are not denied. If ongoing services are provided, licensees must comply with Board rule §465.9(d) as soon as practicable or refer the patient as per Board rule §465.9(h).

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 June 19, 2002.

TRD-200203860

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: August 4, 2002

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