Part 2. TEXAS STATE BOARD OF BARBER EXAMINERS

Chapter 51. PRACTICE AND PROCEDURE

Subchapter D. BARBER SHOPS

22 TAC §51.98

The Texas State Board of Barber Examiners adopts an amendment to §51.98 State-Mandated Fee for Occupational Licensing Transactions Using the Internet. The amendments are pursuant to Senate Bill 187 and Senate Bill 645, 77th Texas Legislature, Regular Session (now codified as Texas Government Code, §2054.252) and provide that all manicurists, upon renewal, shall pay a $3 fee to TexasOnline Authority in addition to the renewal fee. By rule, barbers already pay a $6 TexasOnline fee. The amendment is adopted without changes to the proposed text as published in the March 21, 2003, issue of the Texas Register (28 TexReg 2444).

No comments were received regarding the adoption of the amendment.

The amendment is adopted under the requirements of Senate Bill 187 and Senate Bill 645, 77th Texas Legislature, Regular Session (now codified at Texas Government Code §2054.252), the Texas Occupations Code Chapter 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 these proposed amendments.

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 May 7, 2003.

TRD-200302843

Douglas A. Beran, PhD.

Executive Director

Texas State Board of Barber Examiners

Effective date: May 27, 2003

Proposal publication date: March 21, 2003

For further information, please call: (512) 458-1091

Chapter 681. PROFESSIONAL COUNSELORS

The Texas State Board of Examiners of Professional Counselors adopts the repeal of §§681.1 - 681.19, 681.26, 681.32 - 681.43, 681.51 - 681.52, 681.61 - 681.64, 681.81 - 681.83, 681.91 - 681.96, 681.111 - 681.114, 681.121 - 681.128, 681.161 - 681.163, 681.171 - 681.179, 681.191 - 681.200, 681.211 - 681.220, 681.251 - 681.256 and new §§681.1 - 681.16, 681.31, 681.41 - 681.52, 681.71 - 681.73, 681.81 - 681.83, 681.91 - 681.93, 681.101 - 681.104, 681.111 - 681.113, 681.121 - 681.127, 681.141 - 681.147, 681.161 - 681.170, 681.181 - 681.184, 681.201 - 681.204, concerning the licensing and regulation of professional counselors. Sections 681.41, 681.91, 681.93, 681.141, and 681.142 are adopted with changes to the proposed text as published in the February 14, 2003, issue of the Texas Register (28 TexReg 1329). Sections 681.1 - 681.16, 681.31, 681.42 - 681.52, 681.71 - 681.73, 681.81 - 681.83, 681.92, 681.101 - 681.104, 681.111 - 681.113, 681.121 - 681.127, 681.143 - 681.147, 681.161 - 681.170, 681.181 - 681.184, and 681.201 - 681.204 and the repeals are adopted without changes and therefore the sections will not be republished.

Government Code, §2001.039, requires that each state agency review and consider for readoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). Sections 681.1 - 681.19, 681.26, 681.32 - 681.43; 681.51 - 681.52, 681.61 - 681.64, 681.81 - 681.83, 681.91 - 681.96, 681.111 - 681.114, 681.121 - 681.128, 681.161 - 681.163, 681.171 - 681.179, 681.191 - 681.200, 681.211 - 681.220, 681.251 - 681.256 have been reviewed and the board has determined that the reasons for adopting the sections continue to exist in that rules concerning the licensing and regulation of professional counselors are still needed; however, the rules need revision as described in this preamble. The adopted repeals and new sections are the result of the comprehensive rule review undertaken by the board and the board's staff.

In general, each section was reviewed and proposed for repeal and readoption in order to ensure appropriate subchapter, section, and paragraph organization; to ensure clarity; to improve spelling, grammar, and punctuation; to ensure that the rules reflect current legal and policy considerations; to ensure accuracy of legal citations; to eliminate unnecessary catch-titles; to eliminate the repetitive use of long titles for terms that have been assigned short titles by definition; to delete repetitive, obsolete, unenforceable, or unnecessary language; to improve draftsmanship; and to make the rules more accessible, understandable, and usable.

The following changes are adopted relating to the repeal and readoption of Subchapter A (relating to The Board). Regarding §681.2(8), the definition of "client" is adopted to delete unnecessary references to the unlicensed practice of counseling.

Regarding §681.2(9) the definition of "counseling-related field" is adopted as necessary in order to provide guidance and specific examples to the public and to stakeholders as to the meaning of the term.

Regarding §681.9(b), the rule is edited to require the chairperson to appoint committee chairs.

Regarding §681.9(d), the rule is edited to require committee chairpersons to preside at all committee meetings.

Regarding §681.10(b), the rule is edited to delete the reference to the board designating a custodian of board records other than the Executive Director.

Regarding §681.10(d), the rule is edited to clarify the direct and indirect responsibilities of the Executive Director with respect to complaint investigations.

Regarding §681.10(f), the rule is edited to clarify that application denials shall be considered by the appropriate committee of the board.

The rule relating to the Executive Director serving as administrator of licensure examinations is deleted to reflect current operating practice.

Regarding §681.13(a), the rule is edited for clarity and to prohibit discrimination based on genetic information.

The section relating to applicants with disabilities is moved to Subchapter G (relating to Licensure Examinations), since the information is more appropriately presented within that subchapter.

The section relating to the license certificate is moved to Subchapter H (relating to Licensing), since the information is more appropriately presented within that subchapter.

The section relating to a registry of licensees is repealed as obsolete, since the registry is readily available on the Internet and is no longer published by the board in a traditional format.

Regarding proposed §681.14, information relating to the circumstances under which the renewal penalty fee must be paid is repealed, since it appears in Subchapter I (relating to Renewal of License).

New §681.14(b) is adopted to assess a $10 fee for license verifications.

The following changes are adopted relating to the repeal and readoption of Subchapter B (relating to Authorized Counseling Methods and Practices). Regarding §681.31, the rule is edited to require licensee competence in the counseling methods and practices they utilize.

Regarding §681.31(1), educational and career development and adjustment are included as components of individual counseling.

Regarding §681.31(4), social development and adjustment are included as a component of family counseling.

Regarding §681.31(14), the rule is edited to acknowledge that the list of expressive therapies is not inclusive.

Regarding §681.31(16), the rule is edited to ensure that assessing and appraising be performed in compliance with §681.43 of this title (relating to Testing).

The rule relating to licensees who may use the title of "art therapist" is moved to §681.49, since the information is more appropriately presented within that section.

The following changes are adopted relating to the repeal and readoption of Subchapter C (relating to Code of Ethics). Regarding §681.41(a)-(c), the rules are edited to clarify that statements or claims may not be false and to clarify that the examples given are not inclusive.

The rule relating to a licensee to whom a school district refers a student for counseling is repealed as unnecessary.

Regarding §681.41(o), the rule is edited to require that licensees maintain accurate records of client intake assessments and treatment plans.

Regarding §681.41(q), the rule is adopted to clarify the circumstances under which the rules relating to creating and maintaining client records do not apply.

Regarding §681.41(w), the rule is clarified to prohibit a licensee from participating in the falsification of applications for licensure.

Regarding §681.41(x), the rule is adopted to add to this section the requirement of licensee compliance with Texas Health and Safety Code, Chapter 611, concerning the release of mental health records.

Regarding §681.41(y), the rule is adopted to ensure that clients may have access to mental health records after a licensee's death, incapacity, or termination of practice.

The rule regarding a licensee who has been issued a public letter of reprimand or assessed a civil penalty by a court has been moved to Subchapter K (relating to Complaints and Violations), since the rule is more appropriately presented within that subchapter.

Regarding §681.42(h), the rule is edited to delete specific examples of sexual contact, referencing instead the specific examples set out in the Texas Penal Code.

Regarding §681.43(e), the rule is adopted to prohibit the use of standardized projective techniques and to set out specific examples of prohibited techniques.

Regarding §681.45, the new section is adopted to incorporate licensee reporting requirements, since the rules that relate to confidentiality exceptions are of similar subject matter and are more accessible when presented together with the rules relating to confidentiality.

Regarding §681.47(b), the rule is edited to reference descriptions of the terms "false, deceptive, or misleading."

Regarding §681.49(d), the rule is edited to clarify that the highest academic degree that may be used in advertising is a degree in counseling or a counseling-related field, unless the degree subject is specified.

Regarding §681.52, the section relating to licensed professional counselor interns is adopted to incorporate language in Subchapter C (relating to Code of Ethics) that was previously located in Subchapter F (relating to Experience Requirements), since the rules are more appropriately presented within this subchapter.

The following changes are adopted relating to the repeal and readoption of Subchapter D (relating to Application Procedures). Regarding §681.72(a)(6), the rule is edited to delete the requirement that the application form must be notarized.

Regarding §681.72(c)(8), the rule is edited to delete the reference to a supervisor's reservations about an applicant.

Regarding §681.72(d), the rule is edited to delete the requirement that the supervisory agreement form must be notarized and to clarify that approval for new supervision or new settings must be obtained prior to the beginning of the new supervision or new setting.

Rules relating to provisional licensing are moved to Subchapter H (relating to Licensing), since the rules are more appropriately presented within that subchapter.

Regarding §681.73, the new section is adopted to provide for a section designated to this topic and to bring together rules relating to the application process for art therapy specialty designation that previously appeared in an unrelated section and an unrelated subchapter.

The following changes are adopted relating to the repeal and readoption of Subchapter E (relating to Academic Requirements for Examination and Licensure). The rule referencing provisions relating to persons who held a temporary license on September 1, 1996, is repealed as obsolete.

The following changes are adopted relating to the repeal and readoption of Subchapter F (relating to Experience Requirements for Examination and Licensure). Regarding §681.91(a)(4), the rule is edited to clarify that a temporary license may only be issued to an applicant who has not completed the supervised experience (internship).

Regarding the rule concerning provisions relating to application for a second temporary license, the rule is repealed as ambiguous and unnecessary.

Regarding §681.91(e)-(f), the rule is edited to provide that a temporary license is valid for 36 months, instead of 30 months.

Regarding §681.91(h), the rule is adopted to clarify that applicants who have completed the supervised experience at the time of application, but have not successfully completed the licensure examination, are not eligible for a temporary license. Regarding §681.92, the section is edited to delete references to a 2,000 clock-hour supervised experience (internship). Such references are obsolete.

The rule relating to applicants who began accumulating supervised experience hours prior to October 2, 1996 is repealed as obsolete.

The rules relating to prohibitions on certain actions and practice situations by licensed professional counselor interns have been moved to Subchapter C (relating to Code of Ethics), since the rules are more appropriately presented within that subchapter.

Regarding §681.92(k), the rule is adopted to clarify that licensed professional counselor interns must comply with the requirements of Subchapter C (relating to Code of Ethics).

Regarding §681.93, the section is edited to require that only a professional counselor licensed by the board shall be approved to supervise licensed professional counselor interns for all supervisory agreements executed on or after September 1, 2003.

Regarding §681.93(c)(1), the rule is edited to require that professional counselor supervisors must submit a supervisor approval application form, a $50 supervisor approval processing fee, and must renew the approved supervisor status annually by submission of a renewal supervisor approval application and a $50 supervisor approval processing fee.

The rules providing that a person who was awarded a doctoral degree in professional counseling or who provided three years of clinical supervision in professional counseling through a university prior to January 1, 1995, may be approved as a supervisor on those bases alone are repealed as not reflecting current policy considerations.

Regarding §681.93(g), the rule is edited to clarify that an approved supervisor who becomes subject to a board disciplinary order is no longer approved to supervise licensed professional counselor interns.

The following changes are adopted relating to the repeal and readoption of Subchapter G (relating to Licensure Examinations). Regarding §681.101(d), the rule relating to examination fee payment is proposed to reflect current operating policy.

Regarding §681.101(g), the rule is adopted to set out requirements for applicants seeking disability accommodations for the examination. The information previously appeared in an unrelated subchapter.

Regarding §681.103(d), the rule is edited to clarify that it is the responsibility of the applicant to determine the weakest portion of the examination based on the applicant's analysis of the score reports provided by the board. The rule is also edited to clarify that the remedial course work must be in counseling or counseling-related courses.

The section relating to failure to take examinations is repealed as unnecessary.

The following changes are adopted relating to the repeal and readoption of Subchapter H (relating to Licensing). §681.111(h) is adopted to clarify the type of degree that may appear on a license certificate.

Regarding §681.112, the section is edited to repeal references to the term "endorsement" and replace with "provisional licensing," since the latter term is consistent with the language of the Act.

Regarding §681.113, the section is revised to move rules relating to procedures for the surrender of a license when a complaint is pending to §681.168, since the rules are more appropriately presented within that section.

Rules relating to application for art therapy specialty designation are moved to Subchapter D (relating to Application Procedures), since the information is more appropriately presented within that subchapter.

The following changes are adopted relating to the repeal and readoption of Subchapter I (relating to Regular License Renewal; Inactive and Retirement Status). The rule providing that the board shall deny the renewal of the license of a licensee who is in violation of the Act or the rules at the time of renewal application is repealed as not reflecting current legal considerations.

Regarding §681.121(e), the rule is edited to clarify that a person who holds an expired license may practice professional counseling if exempted by the Act.

The rule providing that the board shall deny the renewal of the license of a licensee if the licensee is a party to a formal disciplinary action is repealed as not reflecting current legal considerations.

Regarding §681.125(a), the rule is edited to clarify that inactive status may be granted to a person whose license has been expired for less than one year.

Regarding §681.125(c), the rule is edited to clarify that a person who holds an inactive license may practice professional counseling if exempted by the Act.

The rule relating to the earning of continuing education credit is repealed as unnecessary.

Regarding §681.126(b), the rule is edited to clarify that a person who holds a retired license may practice professional counseling if exempted by the Act.

Regarding §681.127(a), language relating to an exception regarding inactive status has been repealed as unnecessary.

The section relating to suspension of a license for failure to pay child support is moved to Subchapter K (relating to Complaints and Violations), since the section is more appropriately presented within that subchapter.

Subchapter J (relating to Criteria for Determining Fitness of Applicants for Examination and Licensure) is repealed as unnecessary and unenforceable. Qualifications for examination and licensure are established in the Licensed Professional Counselor Act and in Subchapter D, E, and F of the board's rules.

New Subchapter J (relating to Continuing Education Requirements) is adopted. Continuing education rules previously set out in Subchapter K are repealed.

Regarding §681.141(c), the rule is edited to clarify that three hours of continuing education in counselor ethics issues must be completed every other year.

Regarding §681.141(d), the rule is adopted to require a licensee to complete a minimum of one hour of continuing education every other year relating to disaster response and preparedness, effective January 1, 2004.

Regarding §681.142(b), the rule is edited to delete language citing examples of graduate level programs.

Regarding §681.43(a), the rule is edited to clarify that only licensees may submit requests for approval for continuing education programs they wish to attend.

The rule regarding sponsor-initiated continuing education program approval requests is repealed as not necessary.

The rule relating to requirements for documentation that continuing education providers must make available to attendees is moved to §681.144(e), since the rule is more appropriately presented within that section.

Regarding §681.144(a), the rule is edited to require that continuing education providers must submit a continuing education provider application form, a $50 continuing education provider processing fee, and must renew the approved continuing education provider status annually by submission of a renewal continuing education provider application and a $50 continuing education provider processing fee.

Regarding §681.144(f), the rule is edited to clarify that the failure of a provider to comply with the board's continuing education provider requirements is a violation of board rules and may result in termination of approval status.

Regarding §681.147(3), the rule is edited to clarify that a meeting or activity not related to the practice of professional counseling which is required as part of one's job is not an acceptable continuing education activity.

New Subchapter K (relating to Complaints and Violations) is adopted. Complaints and violations rules previously set out in Subchapter L are repealed.

Regarding §681.161(e), the rule is edited to delete the requirement that a licensee response to an alleged violation must be notarized.

Regarding §681.161(f), the rule is adopted to authorize the executive director to dismiss complaints that are non-jurisdictional or would not constitute a law or rule violation and to require the executive director to notify the appropriate parties of the dismissal.

The rule relating to resolving a complaint by informal methods or informal agreements is repealed as unnecessary.

Regarding §681.161(j), the rule is edited to accurately reflect the applicable language of the Act.

The rule relating to the schedule for conducting each phase of a complaint is repealed as unnecessary, since the schedule provisions are mandatory under the Act.

Regarding §681.162, references to the board providing written notice by personal delivery are repealed as not reflecting current operating procedure.

Regarding §681.162(e), the rule is edited to repeal the requirement that a notice of hearing must utilize 10-point, bold-face type, since the language does not reflect current operating policy.

Regarding §681.163, the rule is edited to clarify that the board may sue to enjoin a violation of the Act or the rules.

Regarding §681.164(b) and (e), the rules are edited to clarify that the section applies to situations in which a criminal conviction is the basis for disciplinary action or for the denial of a licensure application.

Regarding §681.164(d), the rule is edited to clarify that the felonies and misdemeanors directly relate to the duties and responsibilities of a licensee.

The section relating to Violations by Non-Licensed Persons is repealed as unnecessary, since those provisions are set out in the Act.

Regarding §681.165(d)(2) and §681.165(d)(7)(A), the rules are edited to accurately reflect the language of the Act regarding temporary license suspension.

Regarding §681.165(d)(8) the rule is edited to clarify that the time periods for holding a hearing shall be tolled during the period of time in which the licensee makes discovery requests.

Regarding §681.166(a), the rule is edited to clarify the reason that an informal conference may be held.

Regarding §681.166(b), the rule is edited to clarify that the decision to hold an informal conference shall be within the discretion of the executive director or a member of the complaints committee.

Regarding §681.166(d), the rule is edited to clarify that notice of an informal conference must be mailed 10 working days prior to the date of the conference, rather than 15 working days. The rule requiring that the 10 days begins on the date of mailing is repealed as unnecessary.

Regarding §681.166(e), the rule is edited to delete the reference to a representative from the Office of the Attorney General being present at an informal conference.

Regarding §681.166(f), the rule is edited to delete the requirements that notice of an informal conference be sent by certified mail to the complainant and that complainants be notified of conference cancellations, as the rules do not reflect current policy considerations.

Regarding §681.166(g), the rule is edited to clarify that one member of the complaints committee shall be present at an informal conference.

Regarding §681.166(i), the rule is edited to clarify who may question witnesses, present evidence, and make relevant statements at an informal conference.

Regarding §681.166(j), the rule is edited to delete the reference to a representative from the Office of the Attorney General being present at an informal conference.

Regarding §681.166(s), the rule is edited to provide for complaints committee review of the recommendations arising from an informal conference.

Regarding §681.166(v), the rule is edited to delete the requirement that the complainant be informed if the proposed agreed order is not accepted by the board.

Regarding §681.166(w), the rule is edited to clarify that an order becomes effective until it is approved by the board and signed by the board chair. The reference to the Administrative Procedure Act is repealed as unnecessary.

Regarding §681.166(x)(1) and (2), the rules are repealed as unnecessary.

Regarding §681.166(y), the rule is adopted to provide that a request for informal conference may be withdrawn if a licensee fails to appear at the conference and fails to provide notice of the licensee's inability to appear.

Regarding §681.167(a) and (c), the rules are edited to clarify that a default order relating to application denial may be entered if a right to a hearing is waived.

Regarding §681.169, the section is adopted to set out procedures relating to the suspension of a license for failure to pay child support or for failure to comply with the terms of a court order relating to the possession of or access to a child. The section was previously located in Subchapter I (relating to Regular License Renewal; Inactive and Retired Status). Language relating to failure to comply with the terms of a court order relating to the possession of or access to a child is adopted in accordance with the requirements of Senate Bill 700 (77th Legislature, 2001) which was codified in Texas Family Code, Chapter 232 (relating to Suspension of License).

Regarding §681.170(c), the rule is edited to require the executive director to provide monitoring reports to the complaints committee.

Regarding §681.170(d), the rule is edited to clarify the circumstances under which the complaints committee may consider more severe disciplinary action.

New Subchapter L (relating to Formal Hearings) is adopted. Formal hearings rules previously set out in Subchapter M (relating to Formal Hearings) are repealed.

Regarding §681.182(1), the definition is amended to clarify that an administrative law judge conducts hearings under the subchapter.

Regarding §681.182(5), the definition of "pleading" is repealed as unnecessary.

The rule relating to the complaints committee making a determination as to whether a hearing shall be held before an administrative law judge or before the board is repealed as not reflecting current legal and statutory considerations.

The sections relating to Notice, Parties to the Hearing, Subpoenas, Depositions, Pre-Hearing Conferences, and Hearing Procedure are repealed as unnecessary, as hearing procedures are established in the Administrative Procedure Act.

The rule regarding pleading after close is repealed as unnecessary.

New Subchapter M (Schedule of Sanctions) is adopted. Schedule of sanctions rules previously set out in Subchapter N are repealed.

Regarding §681.203(5), the rule is edited to clarify that reprimands may be issued for violations involving inadvertent or relatively minor misconduct and/or rule violations.

The section relating to State Office of Administrative Hearings is repealed as not reflecting current policy and legal considerations.

The section relating to Probation is repealed as unnecessary.

Additionally, the review resulted in minor editorial changes throughout the rules, which are necessary to improve or correct punctuation, verb tense, subject and verb agreement, sentence structure, non-substantive word choice, and other grammatical and structural matters.

The board published a Notice of Intention to Review the sections in the March 29, 2002 issue of the Texas Register , (27 TexReg 2541). The board received no comments on these sections as a result of the publication of the notice.

The following comments were received concerning the proposed repeal and new sections. Following each comment is the board's response and any resulting change(s).

Comment: Two commenters were opposed to §681.93, which requires that only a professional counselor licensed by the board shall be approved to supervise licensed professional counselor interns for all supervisory agreements executed on or after September 1, 2003. The commenters expressed concerns that they would no longer be able to supervise licensed professional counselor interns; that there are only a limited number of qualified supervisors who are licensed by the board and that the rule would result in a lack of qualified supervision for interns; and that the rule would diminish the richness currently seen in clinical talents of licensed professional counselor interns.

Response: The board disagrees with the commenters. The board notes that one commenter is a licensed professional counselor currently approved by the board to supervise interns. The commenters eligibility to supervise interns after September 1, 2003, is unaffected by the new rule. The board also notes that one commenter is a licensed professional counselor who has not requested approval to supervise interns. Under the new rule, the commenter would be eligible to supervise interns if the commenter chose to pursue supervisor training and request supervisor approval.

The board wishes to clarify that the new rule does not prohibit the supervision in an employment capacity of interns by persons not licensed by the board. The supervision referred to in the rule is the 3,000 hours of supervised experience working in a counseling setting required by Texas Occupations Code, §503.301(4). There is no requirement that the intern's employment supervisor must be the same individual who provides supervision of the 3,000 hours.

During the rule review process, the board's Rules Committee studied both the number and geographic distribution of approved supervisors who are licensed by the board. The committee found that there are 2,118 licensed professional counselor interns throughout the state and that there are 4,080 approved supervisors licensed by the board who are well distributed throughout Texas, both in rural and urban counties. The board's rules provide that an approved supervisor may supervise as many as eight interns. The committee also considered the fact that there are potentially thousands of additional licensed professional counselors who would be eligible for approval as supervisors if those counselors chose to pursue supervisor training and request approval.

The board believes that at one time there was a lack of qualified supervisors who are licensed professional counselors, but that is no longer the case.

The board's primary reason in adopting new §681.93 is to enable it to directly regulate board-approved supervisors as a means to fulfill its duty to protect and promote public health and safety. Supervisors who do not hold a license issued by the board are not subject to its regulatory and disciplinary authority, since they hold licenses issued by other regulatory boards. These supervisors are not bound to adhere to the provisions of Texas Occupations Code, Chapter 503, (the Licensed Professional Counselor Act) or the rules of the board. If a supervisor not licensed by the board fails to adhere to the board's rules and does not fulfill the supervisor's duty to provide supervision in accordance with those rules, the board has no authority to sanction the supervisor. The board's concerns are based on consumer complaints it has received alleging wrongdoing by interns being supervised by persons who are not licensed professional counselors. The new rule will ensure that interns receive supervision in accordance with the board's rules and will strengthen the board's ability to sanction a supervisor who fails to adhere to the law and rules relating to the regulation of professional counselors. No change was made as a result of the comments.

Comment: One commenter expressed concerns that the new sections represent broad and significant modifications to the licensing and regulation of professional counselors and that the publication of the proposal in the Texas Register may be inadequate to ensure that the board's licensees are fully informed of adjustments they may need to make in their practice in order to be in compliance with the new sections. The commenter requested information regarding the board's plans to fully inform licensees of the new requirements.

Response: The board agrees that all licensees need information regarding the new sections in order to comply with the sections. The board began notifying licensees of the rule review process in September 2002 through a newsletter that accompanies the annual renewal notice. The newsletter directs the licensee to the board's web page, which contains downloads of and links to the board's rules. Additionally, in the summer of 2003, the board will prepare and mail notices to supervisors, interns, universities, and continuing education program providers informing them of new requirements that may affect them. The board notes that a majority of the changes resulting from the repeal and adoption of new sections are changes intended to delete unnecessary provisions, to clarify ambiguous provisions, and to more effectively organize the sections. No change was made as a result of the comment.

Comment: One commenter expressed concern regarding rule §681.41(k)(3), which states that a licensee shall not enter into a non-professional relationship with a client's family member or any person having a personal or professional relationship with a client. The commenter requested that the board develop language that clarifies and better defines "non-professional relationship" or establish some exemptions, so that the rule does not adversely affect counselors working in rural or clinically underserved communities. The commenter is concerned that the rule will constrain the ability of professional counselors to develop their practice or develop reasonable personal relationships with members of the community because of their client base.

Response: The board disagrees. As the commenter noted, the intent of the rule is to establish appropriate professional boundaries. Further clarifying of "non-professional relationship" or establishing exemptions to §681.41(k)(3) could result in unintended consequences that may put the public at risk. The board believes the current language is sufficient in conveying that appropriate professional boundaries must be maintained. If a consumer complaint is received alleging a violation of §681.41(k)(3), the board's complaints committee would review the specific allegations and investigatory findings, focusing on the extent and nature of the non-professional relationship and the harm done to the client, if any, as a result of the relationship. The board notes that rule §681.41(k)(3) is not a new rule resulting from the rule review process. The rule has been in effect for several years and is being adopted without change. No changes were made as a result of the comment.

Comment: One commenter expressed concerns regarding §681.41(o) and (q). The commenter did not understand the exemption to §681.41(q) created within §681.41(q) and requested that the exemption be extended to §681.41(o).

Response: The board agrees. The language of §681.41(q) as proposed contained a typographical error. The intent was to create an exemption to §681.41(o) and (p) in §681.41(q). The error has been corrected in the adopted language of §681.41(q).

Comment: One commenter expressed concern regarding §681.41(y), which requires that a professional counselor establish a plan for the custody and control of client mental health records in the event of a licensee's death, incapacity or termination of practice. The rule also requires that a licensee inform each client of the plan. The commenter questions the appropriateness of sharing the information with a client. The commenter requests guidance regarding implementation and enforcement strategies for the rule, especially in cases of a licensee's death.

Response: The board disagrees. Texas law (Health and Safety Code, Chapter 611) guarantees a client's right of access to a mental health record. This right of access continues after the death or incapacity of a licensee and after the termination of a licensee's practice. The board believes that the plan may conveniently be included with the intake information that is required to be provided to the client in writing by rule §681.41(e). There is no requirement that a licensee overstate the importance of the plan or the likelihood of death or incapacity, such that it endangers the trust involved in the therapeutic relationship.

Concerning the enforcement protocol for the rule, the board's regulatory authority over the licensee clearly ends upon the licensee's death. However, the board trusts that licensees have sufficient concern for their clients to establish the plan required by the rule, thereby ensuring that counseling care may continue if an unforeseen circumstance renders the licensee incapable of providing records. If a licensee is not deceased, but has become incapacitated or has terminated the licensee's practice, the board's enforcement protocol is the same as for any other rule. No change was made as a result of the comment.

Comment: One commenter commended the board for establishing a rule that all internships be completed under the supervision of a licensed professional counselor. The commenter stated that the new rule will help to ensure that newly licensed counselors receive oversight and supervision specifically appropriate to the field of counseling.

Response: The board agrees. No change was made as a result of the comment.

Comment: One commenter expressed concerns regarding §681.141(d), which requires a licensee to complete, every other year, a minimum of one hour of continuing education directly related to disaster response and preparedness, effective January 1, 2004.

Response: The board neither agrees nor disagrees with the commenter's concerns; however, the rule is not being adopted at this time. Legislative initiatives may compel the board to propose a similar rule in the future. As a result of the board's decision, §681.141(d) is deleted and the succeeding rule redesignated.

Comment: One commenter expressed concerns regarding §681.144(a) concerning the requirement that continuing education providers must submit annual applications and fees in order to maintain approved status. The commenter is concerned that a licensee may be disqualified from receiving continuing education credit for hours completed from a provider approved prior to September 1, 2003, but not in compliance with the new rule. Additionally, the commenter expresses concerns about the impact on licensees who complete continuing education hours in programs sponsored by educational institutions. The commenter requests clarification regarding the process for informing pre-approved providers of the new rule.

Response: The board agrees that pre-approved continuing education providers must be informed of the new requirements. In the summer of 2003, the board will prepare and mail notices to continuing education program providers informing them of the new requirements. Programs sponsored by approved or offered by an accredited college or university, a nationally recognized professional organization in the mental health field or its state or local equivalent organization, or a state or federal governmental agency are not required to obtain pre-approval status, as set out in §681.142(e). No changes were made as a result of the comment.

Based on staff comments, the board is making the following changes to strengthen the intent of the sections.

Change: Concerning §681.41(m), the word "take" is added, so that the rule is grammatically correct. The omission of "take" was a typographical error in the proposal.

Change: Concerning §681.91(f), the completion of a nine-hour continuing education course in counselor ethics is added as a requirement for a licensed professional counselor intern to receive a 36 month extension of the intern's temporary license. Without the addition of the requirement, an intern may hold a temporary license for up to six years without being required to take a course in ethics. A person who holds a regular license must take an ethics course every three years. This requirement is intended to increase an intern's knowledge of and ability to apply the board's ethical requirements prior to receiving a three-year temporary license extension.

Change: Concerning §681.93(c)(2), the requirement that an applicant to become a board-approved supervisor must complete the 40 hour training course within a time period of 90 days is added. Without the addition of the requirement, an applicant may complete the training in increments that may be spread out over a period of several years, calling into question the overall effectiveness of the training.

Change: Concerning proposed §681.142(a), staff recommends the proposed rule be deleted as unnecessary and the succeeding rules redesignated. Section 681.142(b)-(g) exhaustively set out the types of acceptable continuing education.

Change: Concerning proposed §681.142(g), renumbered as (f), the phrase "directly related to counseling" is added to clarify that programs offered by pre-approved providers must be directly related to counseling in order to be acceptable for continuing education credit.

In addition to staff, there were three commenters. Two commenters were individuals who were opposed to one rule. The individuals did not express their support of or opposition to the remainder of the proposal.

One commenter was Texas Counseling Association. The commenter was generally in favor of the rules, but expressed concerns, asked questions, and made recommendations.

Subchapter A. THE BOARD

22 TAC §§681.1 - 681.19

The repeals are adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302919

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.1 - 681.16

The new sections are adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act; and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302920

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §681.26

The repeal is adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302921

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §681.31

The new section is adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302922

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.32 - 681.43

The repeals are adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional counselor Act and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302923

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.41 - 681.52

The new sections are adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

§681.41.General Ethical Requirements.

(a) A licensee shall not make any false, misleading, deceptive, fraudulent or exaggerated claim or statement about the licensee's services, including, but not limited to:

(1) the effectiveness of services;

(2) the licensee's qualifications, capabilities, background, training, experience, education, professional affiliations, fees, products, or publications; or

(3) the practice or field of counseling.

(b) A licensee shall not make any false, misleading, deceptive, fraudulent or exaggerated claim or statement about the services of a mental health services organization or agency, including, but not limited to, the effectiveness of services, qualifications, or products.

(c) A licensee shall discourage a client from holding exaggerated or false ideas about the licensee's professional services, including, but not limited to, the effectiveness of the services, practice, qualifications, associations, or activities. If a licensee learns of exaggerated or false ideas held by a client or other person, the licensee shall take immediate and reasonable action to correct the ideas held.

(d) A licensee shall make reasonable efforts to prevent others whom the licensee does not control, from making misrepresentations; exaggerated or false claims; or false, deceptive, or fraudulent statements about the licensee's practice, services, qualifications, associations, or activities. If a licensee learns of a misrepresentation; exaggerated or false claim; or false, deceptive, or fraudulent statement made by another, the licensee shall take immediate and reasonable action to correct the statement.

(e) A licensee shall inform an individual in writing before or at the time of the individual's initial professional counseling session with the licensee of the following:

(1) fees and arrangements for payment;

(2) counseling purposes, goals, and techniques;

(3) any restrictions placed on the license by the board;

(4) the limits on confidentiality;

(5) any intent of the licensee to use another individual to provide counseling treatment intervention to the client; and

(6) supervision of the licensee by another licensed health care professional including the name and qualifications of the supervisor.

(f) A licensee shall inform the client in writing of any changes to the items in subsection (e) of this section prior to initiating the change.

(g) A licensee shall provide counseling treatment intervention only in the context of a professional relationship. Telepractice (interactive long distance counseling delivery, where the client resides in one location and the counselor in another) may be used as part of the therapeutic counseling process. Counselors engaging in telepractice must adhere to each provision of this chapter.

(h) A licensee shall not intentionally or knowingly offer to pay or agree to accept any remuneration directly or indirectly, overtly or covertly, in cash or in kind, to or from any person, firm, association of persons, partnership, corporation, or entity for securing or soliciting clients or patronage for or from any health care professional.

(1) In accordance with the provisions of the Act, §503.401(4), a licensee is subject to disciplinary action if the licensee directly or indirectly offers to pay or agrees to accept remuneration to or from any person for securing or soliciting a client or patronage.

(2) A licensee employed or under contract with a chemical dependency facility or a mental health facility shall comply with the requirements in the Texas Health and Safety Code, §164.006, relating to soliciting and contracting with certain referral sources. Compliance with the Treatment Facilities Marketing Practices Act, Texas Health and Safety Code, Chapter 164, shall not be considered as a violation of state law relating to illegal remuneration.

(i) A licensee shall not engage in activities for the licensee's personal gain at the expense of a client.

(j) A licensee shall not promote the licensee's personal or business activities to a client unless the licensee informs the client of the licensee's personal or business interest in the activity.

(k) A licensee shall set and maintain professional boundaries. Dual relationships with clients are prohibited. A dual relationship is considered any non-counseling activity initiated by either the licensee or client for the purpose of establishing a non-therapeutic relationship.

(1) The licensee shall not provide counseling services to previous or current:

(A) family members;

(B) personal friends;

(C) educational associates; or

(D) business associates.

(2) The licensee shall not give or accept a gift from a client or a relative of a client valued at more than fifty dollars, enter into barter for services, or borrow or lend money or items of value to clients or relatives of clients.

(3) The licensee shall not enter into a non-professional relationship with a client's family member or any person having a personal or professional relationship with a client.

(l) The licensee shall not knowingly offer or provide counseling treatment intervention to an individual concurrently receiving counseling treatment intervention from another mental health services provider except with that provider's knowledge. If a licensee learns of such concurrent therapy, the licensee shall take immediate and reasonable action to inform the other mental health services provider.

(m) A licensee may take reasonable action to inform medical or law enforcement personnel if the professional determines that there is a probability of imminent physical injury by the client to the client or others or there is a probability of immediate mental or emotional injury to the client.

(n) In individual and group counseling settings, the licensee shall take reasonable precautions to protect individuals from physical or emotional harm resulting from interaction within a group or from individual counseling.

(o) For each client, a licensee shall keep accurate records of the dates of counseling treatment intervention, types of counseling treatment intervention, progress or case notes, intake assessment, treatment plan, and billing information.

(p) Records held by a licensee shall be kept for seven years for adult clients and seven years beyond the age of 18 for minor clients.

(q) Records created by licensees during the scope of their employment by educational institutions; by federal, state, or local governmental agencies; or their political subdivisions or programs are not required to comply with subsections (o) and (p) of this section.

(r) A licensee shall bill clients or third parties for only those services actually rendered or as agreed to by mutual understanding at the beginning of services or as later modified by mutual written agreement.

(1) Relationships between a licensee and any other person used by the licensee to provide services to a client shall be so reflected on billing documents.

(2) On the written request of a client, a client's guardian, or a client's parent (sole managing, joint managing or possessory conservator) if the client is a minor, a licensee shall provide, in plain language, a written explanation of the types of treatment and charges for counseling treatment intervention previously made on a bill or statement for the client. This requirement applies even if the charges are to be paid by a third party.

(3) A licensee may not knowingly or flagrantly overcharge a client.

(4) A licensee may not submit to a client or a third payor a bill for counseling treatment intervention that the licensee knows was not provided or knows was improper, unreasonable, or medically or clinically unnecessary, with the exception of an unkept appointment.

(s) A licensee shall terminate a professional counseling relationship when it is reasonably clear that the client is not benefiting from the relationship. When professional counseling is still indicated, the licensee shall take reasonable steps to facilitate the transfer to an appropriate referral or source.

(t) A licensee shall not evaluate any individual's mental, emotional, or behavioral condition unless the licensee has personally interviewed the individual or the licensee discloses with the evaluation that the licensee has not personally interviewed the individual.

(u) A licensee may not persistently or flagrantly over treat a client.

(v) A licensee shall not aid and abet the unlicensed practice of professional counseling by a person required to be licensed under the Act.

(w) A licensee or an applicant for licensure shall not participate in any way in the falsification of applications for licensure.

(x) A licensee shall comply with the requirements of Texas Health and Safety Code, Chapter 611, concerning the release of mental health records.

(y) A licensee shall establish a plan for the custody and control of the licensee's client mental health records in the event of the licensee's death or incapacity, or the termination of the licensee' s counseling practice. A licensee shall inform each client of the plan.

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 May 9, 2003.

TRD-200302924

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §681.51, §681.52

The repeals are adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act; and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302925

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.71 - 681.73

The new sections are adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act; and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302926

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.61 - 681.64

The repeals are adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act; and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302927

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.81 - 681.83

The new sections are adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act; and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302928

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.81 - 681.83

The repeals are adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302929

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.91 - 681.93

The new sections are adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act; and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

§681.91.Temporary License.

(a) The board may issue a temporary license to an applicant who:

(1) has filed all application forms and license fee;

(2) has met all of the academic requirements for licensure;

(3) has entered into a supervisory agreement with a supervisor meeting the requirements of §681.93 of this title (relating to Supervisor Requirements); and

(4) has not completed the supervised experience described in §681.92 of this title (relating to Experience Requirements (Internship)).

(b) In this state, a person must obtain a temporary license before the person begins an internship or continues an internship. Hours obtained by an unlicensed person in any setting shall not count toward the supervised experience requirements. Supervised experience hours gained prior to June 1, 1994, may count toward licensure if all academic requirements are met at the time of application. Hours gained after June 1, 1994 cannot count, unless the person held a temporary license while accumulating the hours.

(c) An LPC intern may practice only as part of his or her internship.

(d) An LPC intern must maintain a temporary license during his or her supervised experience.

(e) A temporary license is valid for 36 months or until the LPC intern fails the examination twice, whichever occurs first.

(f) An LPC intern who does not obtain a regular license during the 36 months and does not fail the exam twice may apply for a 36 month extension of his or her temporary license by written request and payment of a fee. The LPC intern must complete a nine-hour continuing education course in counselor ethics to receive the extension. Only one extension will be issued to an LPC intern which will be valid for 36 months or until the LPC intern fails the examination twice, whichever occurs first.

(g) An LPC intern who holds a temporary license may obtain a regular license by:

(1) submitting a supervised experience documentation form documenting successful completion of the required hours of supervised experience in accordance with §681.72(c) of this title (relating to Required Application Materials); and §681.92 of this title; and

(2) successfully completing the board examination for licensure in accordance with Subchapter G of this chapter (relating to Licensure Examinations).

(h) Applicants who have completed the supervised experience and who have not passed the required examination at the time of application are not eligible for an initial or an additional temporary license. Such applicants may obtain a regular license by taking and passing the required examination.

§681.93.Supervisor Requirements.

(a) All internships physically occurring in the state of Texas for which a supervisory agreement is executed on or after September 1, 2003, must be completed under a supervisor who holds a regular license issued by the board. The supervisor must have held the license in good standing for at least 24 months from the date of issuance. Completion of a doctoral degree in counseling or a counseling-related field at an accredited university may be substituted for 12 months of the 24 month requirement.

(b) For all internships physically completed in a state or jurisdiction other than Texas, the supervisor must be a person licensed or certified by the state or jurisdiction in a profession that provides counseling and who has the academic training and experience to supervise the counseling services offered by the intern. If the state or jurisdiction has no appropriate licensure or certification, the applicant must submit to the board relevant official graduate transcripts, documentation of practicum and experience, and any professional certifications which demonstrate that the person is qualified to supervise the type of counseling practice performed by the intern.

(c) A supervisor under this section must have met the following requirements.

(1) The supervisor shall meet the requirements stated in subsection (a) of this section, shall submit a supervisor approval application form accompanied by a $50 supervisor approval processing fee, shall annually submit a renewal supervisor approval application form accompanied by a $50 supervisor approval processing fee, and must successfully complete one of the following:

(A) an examination offered for certification as a counselor supervisor or current certification as a counselor supervisor by a nationally recognized counseling association acceptable to the board;

(B) 40 clock-hours of training in the supervision of professional counseling or mental health services through one or a combination of the following:

(i) a graduate course in counselor supervision taken for credit at an accredited college or university;

(ii) continuing education programs meeting the requirements of §681.142 of this title (relating to Types of Acceptable Continuing Education); or

(iii) clinical supervision of the supervisor applicant by a person who has already met the requirements of this subsection or if from another state who would be acceptable under subsections (a) or (b) of this section;

(2) The 40 clock-hours shall be completed over a time period not to exceed 90 days and shall include at least the following:

(A) defining and conceptualizing supervision and models of supervision for at least three clock-hours;

(B) supervisory relationship and counselor development for at least three clock-hours;

(C) supervision methods and techniques for at least 12 clock-hours, covering roles (teacher, counselor, and consultant), focus (process, conceptualization, and personalization), group supervision, multi-cultural supervision (racial, ethnic, and gender issues), and evaluation methods;

(D) ethical, legal, and professional issues for at least 12 clock-hours, covering roles for supervision and standards of practice, Subchapter B of this title (relating to Authorized Counseling Methods and Practices), §681.92 of this title (relating to Experience Requirements (Internship), and §681.93 of this title (relating to Supervisor Requirements), other codes of ethics, and ethical and legal dilemmas; and

(E) executive and administrative tasks for at least three clock-hours covering supervision plan, supervision contract, time for supervision, record keeping, and reporting.

(3) At the time of application for a license, a person must submit required documentation showing that the person's supervisor meets the requirements of this section.

(d) A board approved supervisor shall maintain and sign a record(s) to document the date of each supervision conference of a minimum of one hour a week of face-to-face supervision in individual or group settings and to document the LPC intern's total number of hours of supervised experience accumulated up to the date of the conference.

(e) The full professional responsibility for the counseling activities of an LPC intern shall rest with the intern's board approved supervisor.

(1) The supervisor shall ensure that the LPC intern is aware of and adheres to Subchapter C (relating to Code of Ethics) of this chapter.

(2) A dual relationship between the supervisor and the LPC intern that impairs the supervisor's objective, professional judgment shall be avoided.

(3) A supervisor may not be related within the second degree by affinity or within the third degree by consanguinity to the LPC intern.

(4) A supervisor may not supervise more than eight persons at one time.

(5) If a supervisor determines that the LPC intern may not have the counseling skills or competence to practice professional counseling under a regular license, the supervisor shall develop and implement a written plan for remediation of the LPC intern.

(f) A supervisor whose license expires or is revoked or suspended is no longer an approved supervisor and hours accumulated under that person's supervision after expiration, revocation or suspension will not count as acceptable hours.

(g) A supervisor who become subject to a board disciplinary order is no longer an approved supervisor. The person shall inform all LPC interns of the board disciplinary order and assist the LPC interns in finding alternate supervision.

(h) A supervisor may not be in the employ of the LPC intern. The LPC intern may compensate the supervisor for time spent in supervision if the supervision is not part of the supervisor' s responsibilities as a paid employee of an agency, institution, clinic, or other business entity.

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 May 9, 2003.

TRD-200302930

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.91 - 681.96

The repeals are adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302931

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.101 - 681.104

The new sections are adopted under Texas Occupations Code, §503.203 which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act and under Texas Occupations Code §503.202 which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302932

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.111 - 681.114

The repeals are adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302933

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.111 - 681.113

The new sections are adopted under Texas Occupations Code, §503.203 which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act and under Texas Occupations Code §503.202 which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302934

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.121 - 681.128

The repeals are adopted under Texas Occupations Code, §503.203 which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act and under Texas Occupations Code §503.202 which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302935

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.121 - 681.127

The new sections are adopted under Texas Occupations Code, §503.203 which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act and under Texas Occupations Code §503.202 which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302936

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.141 - 681.147

The new sections are adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

§681.141.General.

(a) The purpose of this subchapter is to establish the continuing education requirements for the renewal of a regular license or a regular license with art therapy specialty designation which a licensee must complete annually toward furthering of professional development in professional counseling. These requirements are intended to maintain and improve the quality of professional counseling services provided to the public and maintain licensee knowledge of current research, techniques, and practice; and provide other resources which will improve skill and competence in professional counseling.

(b) Continuing education requirements for renewal shall be fulfilled during a 12-month period beginning on the first day of a licensee's renewal year and ending on the last day of the licensee's renewal year.

(c) Every other year, a licensee must complete at least three hours of continuing education directly related to counselor ethics issues.

(d) A licensee must complete 12 clock-hours of continuing education acceptable to the board during each 12 month period as described in subsection (b) of this section. A clock-hour shall be 60 minutes of attendance and participation in an acceptable continuing education experience.

§681.142.Types of Acceptable Continuing Education.

(a) Acceptable continuing education may be teaching or consultation in graduate level programs which are designed to increase professional knowledge related to the practice of professional counseling provided that such teaching and consultation is not part of, or required as a part of, one's employment.

(b) Acceptable continuing education may be the completion of graduate academic courses in areas supporting development of skill and competence in professional counseling at an accredited institution.

(c) Acceptable continuing education may be participation in case supervision, management, or consultation provided that it is not required as a part of a licensee's employment; is conducted according to stated training or didactic goals such as expertise in specific techniques including supervision techniques or certification in specialty areas of counseling; is conducted by an appropriately state-licensed, state-certified, or state-registered mental health professional who meets board requirements for supervisors, demonstrates training and expertise in the specific area for which supervision is provided, and has received prior approval by the board for the program; and does not exceed six months in length.

(d) Acceptable continuing education may be participation or teaching in programs directly related to counseling (e.g., institutes, seminars, workshops, or conferences) which are approved or offered by an accredited college or university, a nationally recognized professional organization in the mental health field or its state or local equivalent organization, or a state or federal governmental agency.

(e) Acceptable continuing education may be the completion of an independent study program directly related to counseling and approved or offered by a nationally recognized professional organization in the mental health field or its state equivalent, approved or offered by an accredited college or university, or approved or offered by a board approved continuing education provider.

(f) Acceptable continuing education may be participation in programs directly related to counseling offered by persons approved by the board as continuing education providers.

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 May 9, 2003.

TRD-200302938

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.161 - 681.163

The repeals are adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302937

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.161 - 681.170

The new sections are adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302940

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.171 - 681.179

The repeals are adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act; and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302939

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.181 - 681.184

The new sections are adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act; and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302942

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.191 - 681.200

The repeals are adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act; and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302941

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.201 - 681.204

The new sections are adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act; and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302944

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.211 - 681.220

The repeals are adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act; and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302943

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236

22 TAC §§681.251 - 681.256

The repeals are adopted under Texas Occupations Code, §503.203, which provides the board with the authority to adopt rules necessary to administer the Licensed Professional Counselor Act; and under Texas Occupations Code, §503.202, which provides the board with the authority to establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering the Licensed Professional Counselor Act.

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 May 9, 2003.

TRD-200302945

Judy Powell

Chairperson

Texas State Board of Examiners of Professional Counselors

Effective date: September 1, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 458-7236