Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
Chapter 461.
GENERAL RULINGS
22 TAC §461.31
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas State Board of Examiners of Psychologists or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Examiners of Psychologists
proposes the repeal of §461.31, Psychological Associate Advisory Committee
(the PAAC). This rule is being repealed to adhere to the abolishment of the
PAAC set forth by the 79th Texas Legislature.
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
of 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 adherence to state law. There will be no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the repeal as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The repeal is proposed under Texas Occupations Code, Title 3,
Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
No other code, articles or statutes are affected by this section.
§461.31.Psychological Associate Advisory Committee (the PAAC).
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 August 5, 2005.
TRD-200503253
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: September 18, 2005
For further information, please call: (512) 305-7700
22 TAC §463.10
The Texas State Board of Examiners of Psychologists proposes
an amendment to §463.10, Provisionally Licensed Psychologist. This amendment
is being proposed to allow an applicant to obtain provisional licensure in
a streamlined fashion.
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
of 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 assist some applicants in obtaining licensures. 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 Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The amendment is proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
No other code, articles or statutes are affected by this section.
§463.10.Provisionally Licensed Psychologist.
(a) - (b)
(No change.)
(c)
An applicant for provisional
licensure as a psychologist who is accredited by CPQ or the National Register
or who is a specialist of ABPP will have met the following requirements for
provisional licensure: submission of an official transcript which indicates
the date the doctoral degree in psychology was awarded or conferred, submission
of documentation of the passage of the national psychology examination at
the doctoral level at the Texas cut-off score, and submission of three acceptable
reference letters. All other requirements for provisional licensure must be
met by these applicants. Additionally, these applicants must provide documentation
sent directly from the qualifying entity to the Board office declaring that
the applicant is a current member in the organization and has had no disciplinary
action from any state or provincial health licensing 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 August 5, 2005.
TRD-200503254
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: September 18, 2005
For further information, please call: (512) 305-7700
22 TAC §463.11
The Texas State Board of Examiners of Psychologists proposes
an amendment to §463.11, Licensed Psychologist. This amendment is being
proposed to clarify for applicants for licensure the requirements for supervised
experience.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
of 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 clarify the rules. 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 Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The amendment is proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
No other code, articles or statutes are affected by this section.
§463.11.Licensed Psychologist.
(a) - (b)
(No change.)
(c)
Supervised Experience. In order to qualify for licensure,
a psychologist must submit proof of two years of supervised experience, at
least one year of which must have been received after the doctoral degree
was officially conferred or completed, whichever is earliest, as shown on
the official transcript, and at least one year of which must have been a formal
internship. The formal internship year may be met either before or after the
doctoral degree is conferred or completed. Supervised experience must be obtained
in a minimum of two, and no more than three, calendar years, for full-time
experience.
(1)
General. All supervised experience for licensure as a psychologist,
including the formal internship, must meet the following requirements:
(A) - (O)
(No change.)
(P)
Teaching is not allowed for
supervised experience, effective for any supervised experience effective June
1, 2006.
(2) - (3)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on August 5, 2005.
TRD-200503255
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: September 18, 2005
For further information, please call: (512) 305-7700
22 TAC §463.13
The Texas State Board of Examiners of Psychologists proposes
an amendment to §463.13, Requirements for Experienced Out-of-State Applicants.
This amendment is being proposed in adherence to the changes made by the 79th
Texas Legislature to the section of the Psychologists' Licensing Act regarding
licensure as a psychologist.
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
of 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 assist some applicants in obtaining licensure. 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 Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The amendment is proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
No other code, articles or statutes are affected by this section.
§463.13.Requirements for Experienced Out-of-State Applicants.
[
(1) - (3)
(No change.)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on August 5, 2005.
TRD-200503256
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: September 18, 2005
For further information, please call: (512) 305-7700
22 TAC §463.15
The Texas State Board of Examiners of Psychologists proposes
an amendment to §463.15, Oral Examination. This amendment is being proposed
in adherence to the changes made by the 79th Texas Legislature to the section
of the Psychologists' Licensing Act regarding the oral examination.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
of 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 clarify the requirements and standards of the oral examination.
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 Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The amendment is proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
No other code, articles or statutes are affected by this section.
§463.15.Oral Examination.
(a)
(No change.)
(b)
Eligibility. To be eligible for licensure as a psychologist,
all provisionally licensed psychologists shall be required to take and pass
the oral exam administered by the Board. Only provisionally licensed psychologists
may apply to take the oral exam. The Board shall waive this requirement for
Specialists
[
(c)
A candidate for the oral examination
must demonstrate sufficient entry-level knowledge of the practice of psychology
to pass the exam based on the following standards:
(1)
A candidate must have a total score of 64 or above from
each of the two examiners to pass the exam.
(2)
Scores are based on the demonstrated abilities of the candidate
in nine content areas with a possible score in each content score of 9 points
for a well articulated verbal answer, 8 points for a good or passing answer,
3 points for a weak, vague or incomplete answer, and minus 10 points for an
answer that is substantially incomplete or incorrect.
(3)
The nine content area are as follows:
(A)
Identifies the problems (e.g. initial hypotheses, differential
diagnoses, etc.);
(B)
Identifies a specific and plausible strategy for gathering
further data to refine the problem definition (e.g. psychometrics, observation
data collection, etc.);
(C)
Develops a realistic intervention or action plan on the
basis of the initial formulation;
(D)
Recognizes and can formulate an effective response to crises;
(E)
Attends to cultural and diversity issues;
(F)
Demonstrates awareness of professional limitations;
(G)
Can recognize and apply laws which are relevant to the
case;
(H)
Can recognize and apply professional standards that are
relevant; and
(I)
Can recognize and apply ethical standards or ethical reasoning
pertinent to the case.
(4)
Each candidate is presented with a vignette, which is representative
of a situation commonly encountered in the area of testing. Candidates are
required to articulate a case formulation according to a standard or model
that is generally recognized in their area of testing. Candidates are required
to respond to questions associated with each vignette.
(5)
Areas of psychology in which a candidate may choose to
be tested are: clinical, counseling, school, neuropsychological, and industrial
and organizational.
(6)
Advance additional information is provided to each candidate
in the form of a brochure.
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 August 5, 2005.
TRD-200503257
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: September 18, 2005
For further information, please call: (512) 305-7700
22 TAC §463.24
The Texas State Board of Examiners of Psychologists proposes
new §463.24, Oral Examination Work Group. This new rule is being proposed
to comply with changes to the Psychologists' Licensing Act made by the 79th
Texas Legislature.
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
of 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 improve the consistency of administration and the objectivity
of the oral examination. 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 Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The new section is proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
No other code, articles or statutes are affected by this section.
§463.24.Oral Examination Work Group.
(a)
The Board establishes a work group of oral examination
consultants for the purpose of improving the consistency of the administration
and the objectivity of the examination. Qualifications of the consultants
are set by Board rule §463.23. Members of the work group must be approved
by the board or its designee.
(b)
The work group will include persons interested in or affected
by the regulation of the practice of psychology, including faculty members
of college or university psychology departments and licensees with varying
levels of experience.
(c)
The work group shall:
(1)
review audiotapes of passed or failed examinations;
(2)
review analyses of the performance of persons who failed
the examination provided under §501.256(e) of the Act;
(3)
assess scoring criteria and clinical scenarios used in
the administration of the examination;
(4)
recommend improvements to standardize the administration
of the examination; and
(5)
conduct other appropriate tasks.
(d)
The Chair of the Work Group will be appointed by the Board
from among the consultants. The Chair will call the meetings of the consultants
and direct the work group's activities.
(e)
The Chair of the Board's Oral Examination Committee will
serve as the Board's liaison to the oral examination work group. This Board
member will communicate the mission, goals and tasks to the work group. This
Board member will serve as a resource to the work group but will not directly
participate in the evaluation of the oral examination. This Board member will
be responsible for ensuring that the recommendations of the work group approved
by the Board are implemented.
(f)
The work group will report at least biennially to the board
the group's recommendations for improving the consistency of the administration
and objectivity of the oral examination. The board will modify the oral examination,
as necessary, based on the work group's recommendations for the next administration
of the oral examination.
(g)
The first report of the work group must be submitted to
the board no later than January 2006. Necessary modifications to the oral
examination based on the recommendations of the work group must be made to
the exam by the January 2007 examination.
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 August 5, 2005.
TRD-200503258
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: September 18, 2005
For further information, please call: (512) 305-7700
22 TAC §470.2
The Texas State Board of Examiners of Psychologists proposed
amendment to §470.2, Definitions. This amendment is being proposed in
adherence to changes made by the 79th Texas Legislature to the new Section
501.410(b) of the Act.
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
of 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 ensure public Board member representation on the Informal
Settlement Panels. 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 Brenda Skiff, 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.
No other code, articles or statutes are affected by this section.
§470.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise;
(1) - (12)
(No change.)
(13)
Disciplinary Review Panel--Committee appointed by the
Chair
, including at least one public member,
to conduct informal
settlement conferences concerning disciplinary actions and to make recommendations
to the Board.
(14) - (26)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on August 5, 2005.
TRD-200503259
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: September 18, 2005
For further information, please call: (512) 305-7700
22 TAC §470.21
The Texas State Board of Examiners of Psychologists proposed
amendment to §470.21, Disciplinary Guidelines. This amendment is being
proposed to implement the statutory changes in HB 1015, 79th Legislative Session
concerning placement of a specific Schedule of Sanction in the Board rules.
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
of 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 clarify the Board's options for disciplinary actions.
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 Brenda Skiff, 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.
No other code, articles or statutes are affected by this section.
§470.21.Disciplinary Guidelines.
(a)
Purpose. The Purpose of the guidelines is to:
(1) - (3)
(No change.)
(b)
Limitations. The board shall
render the final decision in a contested case and has the responsibility to
assess sanctions against licensees who are found to have violated the Act.
The board welcomes recommendations of administrative law judges as to the
sanctions to be imposed, but the board is not bound by such recommendations.
A sanction should be consistent with sanctions imposed in other similar cases
and should reflect the board's determination of the seriousness of the violation
and the sanction required to deter future violations. A determination of the
appropriate sanction is reserved to the board. The appropriate sanction is
not a proper finding of fact or conclusion of law. This chapter shall be construed
and applied so as to preserve board member discretion in the imposition of
sanctions and remedial measures pursuant to the Act's provisions related to
methods of discipline and administrative penalties. This chapter shall be
further construed and applied so as to be consistent with the Act, and shall
be limited to the extent as otherwise proscribed by statute and board rule.
[
(c)
Revocation. The Board shall revoke the license of any licensee
if the Board determines that the continued practice of psychology by the licensee
poses a harm to the public. Licensees who violate the following Board rules
shall be subject to revocation without reference to subsections (e) through
(g)
[
(1)
§465.13(b)(3) and (b)(6) pertaining to certain forms
of sexual impropriety with current patients;
(2)
§465.33(d) as it pertains to sexual relations, defined
in §465.33(c), with current patients; and
(3)
§469.7(d)(5), (d)(8), and (d)(10) pertaining to certain
felony convictions and
judgments.
[
(d) - (g)
(No change.)
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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 August 5, 2005.
TRD-200503260
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: September 18, 2005
For further information, please call: (512) 305-7700
22 TAC §470.22
The Texas State Board of Examiners of Psychologists proposed
new rule §470.22, Schedule of Sanctions. This new rule is being proposed
to implement the statutory changes in HB 1015, 79th Legislative Session concerning
placement of a specific Schedule of Sanction in the Board rules.
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
of 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 clarify the Board's options for disciplinary actions.
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 Brenda Skiff, 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.
No other code, articles or statutes are affected by this section.
§470.22.Schedule of Sanctions.
(a)
These disciplinary sanction guidelines are designed to
provide guidance in assessing sanctions for violations of the Psychologists'
Licensing Act and Board Rules of conduct. The ultimate purpose of disciplinary
sanctions is to protect the public, deter future violations, offer opportunities
for rehabilitation if appropriate, punish violators, and deter others from
violations. These guidelines are intended to promote consistent sanctions
for similar violations, facilitate timely resolution of cases, and encourage
settlements.
(1)
The standard sanctions outlined below shall apply to cases
involving a single violation of the Act, and in which there are no aggravating
or mitigating factors that apply. The board may impose more restrictive sanctions
when there are multiple violations of the Act. The board may impose more or
less severe or restrictive sanctions, based on any aggravating and/or mitigating
factors listed in §470.23 of this chapter (relating to Aggravating and
Mitigating Factors) that are found to apply in a particular case.
(2)
The standard and minimum sanctions outlined below are applicable
to first time violators. The board shall consider more severe sanctions if
the person is a repeat offender.
(3)
The maximum sanction in all cases is revocation of the
license, which may be accompanied by an administrative penalty of up to $1,000
per violation. In accordance with §501.452 of the Act, each day the violation
continues is a separate violation.
(4)
Each violation constitutes a separate offense, even if
arising out of a single act.
(5)
If the licensee acknowledges a violation and agrees to
comply with terms and conditions of remedial action through an agreed order,
the standard sanctions may be reduced. Furthermore, additional, case-specific
conditions may be introduced in an agreed order.
(6)
Failure to list a type of violation or Board Rule in this
rule does not enjoin or prevent the Board from taking disciplinary action
for such a violation.
(b)
The following standard sanctions shall apply to violations
of the Act and Rules:
(1)
Reprimand, assessment of up to $1,000 in administrative
penalties per violation per day, administrative costs, and continuing education
in the appropriate areas for the following offenses:
(A)
repeated failure to timely report continuing education
(461.11);
(B)
basic supervision violation (Rule 465.2);
(C)
advertising or specialty title violations (Rule 465.6);
(D)
informed consent (Rule 465.11);
(E)
misuse of professional services by a third party (Rule
465.14);
(F)
fee and third party financial arrangements (Rule 465.15);
(G)
technical teaching violations (most of Rule 465.19);
(H)
technical research violations (Rule 465.20(a));
(I)
records violations (Rule 465.22);
(J)
providing services to those served by others (Rule 465.34);
(K)
technical violation of some other law pertaining to the
practice of psychology (Rule 465.37);
(L)
technical violations of supervision rules and other laws
pertaining to school psychology (Rule 465.38); and
(M)
failure to post complaint notice or inform another about
the Board's complaint process (Rule 469.2).
(2)
Probated suspension, monitoring of professional practice
by independent professional, assessment of up to $1,000 in administrative
penalties per violation per day, administrative costs, and continuing education
in the appropriate areas for the following offenses:
(A)
employment of unlicensed and non-exempt individuals (Rule
465.4);
(B)
one-time incompetence, including violations related to
evaluations, testing, use of professional judgment, forensic services, or
treatment plans (includes Rules 465.9, 465.10, 465.16, 465.17, 465.18, and
465.25);
(C)
breach of confidentiality (Rule 465.12);
(D)
sexual harassment of any type (Rule 465.33(c));
(E)
dual relationships, conflicts and personal problems (Rule
465.13);
(F)
improper termination, abandonment of clients, and disposition
of a professional practice (Rules 465.21 and 465.32); and
(G)
failure to remedy or report a violation of the Rules by
another (Rule 465.35).
(3)
Actual suspension for a period of time, followed by a period
of probated suspension with the terms and conditions outlined in paragraph
(2) for the following offenses:
(A)
Sexual relationship with prohibited classes other than
current patients (former patients, students, supervisees) or any type of sexual
impropriety (Rule 465.33);
(B)
Commission of a crime listed in Board Rule 469.7, other
than those that lead to automatic revocation as outlined in Rule 470.21;
(C)
Use of alcohol or drugs in a way that impairs professional
competency, as outlined in Section 501.401(3) of the Act; and
(D)
Failure to abide by a Board order, as outlined in Rule
461.15.
(4)
The types of violations that would automatically lead to
revocation are enumerated in Rule 470.21 and are not subject to aggravating
or mitigating circumstances. These offenses include sexual relationships with
current patients, severe criminal offenses, and fraud in obtaining a license.
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 August 5, 2005.
TRD-200503261
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: September 18, 2005
For further information, please call: (512) 305-7700
22 TAC §470.23
The Texas State Board of Examiners of Psychologists proposed
new rule §470.23 Aggravating and Mitigating Circumstances. This new rule
is being proposed to implement the statutory changes in HB 1015, 79th Legislative
Session concerning placement of a specific Schedule of Sanction in the Board
rules.
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
of 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 clarify the Board's options for disciplinary sanctions.
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 Brenda Skiff, 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.
No other code, articles or statutes are affected by this section.
§470.23.Aggravating and Mitigating Circumstances
(a)
Aggravation. The following may be considered aggravating
factors meriting more severe or restrictive sanctions or actions by the Board.
(1)
Patient harm and the type and severity thereof;
(2)
Economic harm to any individual or entity and the severity
thereof;
(3)
Increased potential for harm to the public;
(4)
Attempted concealment of misconduct;
(5)
Premeditated conduct;
(6)
Intentional misconduct;
(7)
Prior written warnings or written admonishments from any
supervisor or governmental agency or official regarding statutes or regulations
pertaining to the licensee's practice of psychology;
(8)
Prior misconduct of a similar or related nature;
(9)
Disciplinary history;
(10)
Likelihood of future misconduct of a similar nature;
(11)
Violation of a Board order;
(12)
Failure to implement remedial measures to correct or alleviate
harm arising from the misconduct;
(13)
Lack of rehabilitative potential;
(14)
Motive; and
(15)
Any relevant circumstances or facts increasing the seriousness
of the misconduct.
(b)
Extenuation and Mitigation. The absence of the circumstances
listed as subsection (a)(1)-(15) of this section, as well as the presence
of the following factors, may be considered as extenuating and mitigating
factors so as to merit less severe or less restrictive sanctions or actions
by the Board:
(1)
Self-reported and voluntary admissions of misconduct;
(2)
Implementation of remedial measures to correct or mitigate
harm arising from the misconduct;
(3)
Motive;
(4)
Rehabilitative potential;
(5)
Prior community service;
(6)
Relevant facts and circumstances reducing the seriousness
of the misconduct; and
(7)
Relevant facts and circumstances lessening responsibility
for the misconduct.
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 August 5, 2005.
TRD-200503262
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: September 18, 2005
For further information, please call: (512) 305-7700
Chapter 463.
APPLICATIONS AND EXAMINATIONS
(a)
]
An applicant who provides documentation that
the applicant
is
[
has been
] actively licensed and in
good standing as a psychologist in another jurisdiction [
for at least
5 consecutive years immediately preceding the filing of the application,
]
must meet the following requirements, which are a substitute for Board rule §463.11:
(b)
Licensees holding the Certification
of Professional Qualification in Psychology (CPQ) Credential granted by the
Association of State and Provincial Psychology Boards (ASPPB). An out-of-state
licensee holding a CPQ credential granted by the ASPPB meets the requirements
of Board rule §463.11. In addition, out-of-state licensees who hold a
CPQ credential must meet requirements (a)(1) and (a)(3) listed above. The
Board reserves the right to accept or reject licensure for persons holding
the CPQ credential.]
Diplomates
] of the American Board of Professional
Psychology, individuals who qualify for licensure by experience pursuant to
Board rule §463.13, and for individuals who qualify for licensure under
reciprocity.
Chapter 470.
ADMINISTRATIVE PROCEDURE
(b)
Limitations. This rule will
be construed and applied so as to preserve Board members' discretion in the
imposition of sanctions and remedial matters pursuant to Psychologists' Licensing
Act, Subchapters I and K. This rule shall be further construed and applied
so as to be consistent with the entire Psychologists' Licensing Act and shall
be limited to the extent as otherwise proscribed by state law and Board rule.]
(i)
] of this section:
judgements
]
(h)
Aggravation. The following
may be considered as aggravating factors so as to merit more severe or restrictive
sanction or action by the Board:]
(1)
Patient harm and the type and severity thereof;]
(2)
Economic harm to any individual or entity and
the severity thereof;]
(3)
Increased potential for harm to the public;]
(4)
Attempted concealment of misconduct;]
(5)
Premeditated conduct;]
(6)
Intentional misconduct;]
(7)
Prior written warnings or written admonishments
from any supervisor or governmental agency or official regarding statutes
or regulations pertaining to the licensee's practice of psychology;]
(8)
Prior misconduct of a similar or related nature;]
(9)
Disciplinary history;]
(10)
Likelihood of future misconduct of a similar
nature;]
(11)
Violation of a Board order;]
(12)
Failure to implement remedial measures to
correct or alleviate harm arising from the misconduct;]
(13)
Lack of rehabilitative potential;]
(14)
Motive; and,]
(15)
Any relevant circumstances or facts increasing
the seriousness of the misconduct.]
(i)
Extenuation and Mitigation.
The absence of the circumstances listed as subsection (g)(1) - (10) of this
section, as well as the presence of the following factors, may be considered
as extenuating and mitigating factors so as to merit less severe or less restrictive
sanctions or actions by the Board:]
(1)
Self-reported and voluntary admissions of misconduct;]
(2)
Implementation of remedial measures to correct
or mitigate harm arising from the misconduct;]
(3)
Motive;]
(4)
Rehabilitative potential;]
(5)
Prior community service;]
(6)
Relevant facts and circumstances reducing the
seriousness of the misconduct; and,]
(7)
Relevant facts and circumstances lessening
responsibility for the misconduct.]
Chapter 473.
FEES