Part 2.
TEXAS STATE BOARD OF BARBER EXAMINERS
Chapter 51.
PRACTICE AND PROCEDURE
Subchapter B. BARBER COLLEGES, SCHOOLS, AND STUDENTS
22 TAC §51.12
The Texas State Board of Barber Examiners adopts an amendment
to §51.12, concerning Inspection of New Barber School or College. The
amendment is adopted without changes to the proposed text as published in
the June 24, 2005, issue of the
Texas Register
(30
TexReg 3711).
The amendment is adopted to remove the requirement that the inspection
of the proposed new barber school or college be conducted specifically by
two board member or by one board member and the executive director.
No comments on the proposed amendment to the rule were received.
The amendment is adopted under the Texas Occupations Code, §1601.151
which provides the Texas State Board of Barber Examiners with the authority
to adopt and enforce all rules necessary for the performance of its duties.
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 August 12, 2005.
TRD-200503363
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Effective date: September 1, 2005
Proposal publication date: June 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.13
The Texas State Board of Barber Examiners adopts an amendment
to §51.13, concerning Change of Ownership of Barber School. The amendment
is adopted without changes to the proposed text as published in the June 24,
2005, issue of the
Texas Register
(30 TexReg
3711) and will not be republished.
The amendment is adopted to remove the requirement that the inspection
of a barber school or college that has changed ownership be conducted specifically
by two board members or one board member and the board's executive director.
No comments on the proposed amendment were received.
The amendment is adopted under the Texas Occupations Code, §1601.151
which provides the Texas State Board of Barber Examiners with the authority
to adopt and enforce all rules necessary for the performance of its duties.
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 August 12, 2005.
TRD-200503364
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Effective date: September 1, 2005
Proposal publication date: June 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.20
The Texas State Board of Barber Examiners adopts an amendment
to §51.20, concerning Applying for Enrollment. The amendment is adopted
without changes to the proposed text as published in the June 24, 2005, issue
of the
Texas Register
(30 TexReg 3712).
The amendment is adopted to remove the requirement that enrollment form
be notarized and remove subsection (c)(4) requiring a health certificate for
a student in order to conform to statutory changes made by the 79th Legislature.
No comments on the proposed amendment were received.
The amendment is adopted under the Texas Occupations Code, §1601.151
which provides the Texas State Board of Barber Examiners with the authority
to adopt and enforce all rules necessary for the performance of its duties.
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 August 12, 2005.
TRD-200503365
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Effective date: September 1, 2005
Proposal publication date: June 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.21
The Texas State Board of Barber Examiners adopts an amendment
to §51.21, concerning Enrollment of Application Deadline. The amendment
is adopted without changes to the proposed text as published in the June 24,
2005, issue of the
Texas Register
(30 TexReg
3712) and will not be republished.
The amendment is adopted to delete the reference to a physician statement
in order to conform to statutory changes made by the 79th Legislature.
No comments on the proposed amendment were received.
The amendment is adopted under the Texas Occupations Code, §1601.151
which provides the Texas State Board of Barber Examiners with the authority
to adopt and enforce all rules necessary for the performance of its duties.
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 August 12, 2005.
TRD-200503366
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Effective date: September 1, 2005
Proposal publication date: June 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.25
The Texas State Board of Barber Examiners adopts an amendment
to §51.25, concerning Reenrollment or Transfer. The amendment is adopted
without changes to the proposed text as published in the June 24, 2005, issue
of the
Texas Register
(30 TexReg 3712) and
will not be republished.
The amendment is adopted to delete a reference to health certificate in
subsection (d), in order to conform to statutory changes made by the 79th
Legislature.
No comments on the proposed amendment were received.
The amendment is adopted under the Texas Occupations Code, §1601.151
which provides the Texas State Board of Barber Examiners with the authority
to adopt and enforce all rules necessary for the performance of its duties.
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 August 12, 2005.
TRD-200503367
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Effective date: September 1, 2005
Proposal publication date: June 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.51
The Texas State Board of Barber Examiners adopts the repeal
of §51.51, concerning Payment of Fees. The repeal is adopted without
changes to the proposal as published in the June 24, 2005, issue of the
The repeal is adopted for the purpose of removing the requirement to pay
by cashier's check or money order.
No comments on the proposed repeal were received.
The repeal is adopted under the Texas Occupations Code, §1601.151
which authorizes the Texas State Board of Barber Examiners to adopt and enforce
all rules necessary for the performance of its duties.
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 August 12, 2005.
TRD-200503368
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Effective date: September 1, 2005
Proposal publication date: June 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.55
The Texas State Board of Barber Examiners adopts the repeal
of §51.55, concerning Number of Examination Questions. The repeal is
adopted without changes to the proposal as published in the June 24, 2005,
issue of the
Texas Register
(30 TexReg 3713).
The repeal is adopted to allow the public the benefit of removing unnecessary
restrictions on the development of psychometrically sound written examinations.
No comments on the proposed repeal were received.
The repeal is adopted pursuant to the authority of the Texas
Occupations Code, §1601.151 which authorizes the Texas State Board of
Barber Examiners to adopt and enforce all rules necessary for the performance
of its duties.
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 August 12, 2005.
TRD-200503369
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Effective date: September 1, 2005
Proposal publication date: June 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.57
The Texas State Board of Barber Examiners adopts an amendment
to §51.57, concerning Applying for Examination. The amendment is adopted
without changes to the proposed text as published in the June 24, 2005, issue
of the
Texas Register
(30 TexReg 3714) and
will not be republished.
The amendment regarding examination applications is adopted to delete requirements
in subsection (b)(1) and (2) that applications and school owner/manager statements
be notarized, to delete reference to health certificate in subsection (b)(3),
and to delete language in subsection (b)(4) requiring payment by money order
or cashier's check.
No comments on the proposed amendment were received.
The amendment is adopted under the Texas Occupations Code, §1601.151
which provides the Texas State Board of Barber Examiners with the authority
to adopt and enforce all rules necessary for the performance of its duties.
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 August 12, 2005.
TRD-200503370
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Effective date: September 1, 2005
Proposal publication date: June 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.60
The Texas State Board of Barber Examiners adopts an amendment
to §51.60, concerning Items to Bring to Examination. The amendment is
adopted without changes to the proposed text as published in the June 24,
2005, issue of the
Texas Register
(30 TexReg
3714) and will not be republished.
The amendment is adopted to delete references to items to bring for wig
specialist examination, which is no longer offered.
No comments on the proposed amendment were received.
The amendment is adopted under the Texas Occupations Code, §1601.151
which provides the Texas State Board of Barber Examiners with the authority
to adopt and enforce all rules necessary for the performance of its duties.
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 August 12, 2005.
TRD-200503371
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Effective date: September 1, 2005
Proposal publication date: June 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.77
The Texas State Board of Barber Examiners adopts the repeal
of §51.77, concerning Barber Shop Permit. The repeal is adopted without
changes to the proposal as published in the June 24, 2005, issue of the
The adopted repeal will remove the following requirements: (1) the applicant
holds a Class A barber certificate; and (2) the applicant has practiced barbering
for at least 12 month to conform with changes made to Chapter 1601 of the
Texas Occupations Code by the 79th Legislature.
No comments on the proposed repeal were received.
The repeal is adopted under the Texas Occupations Code, §1601.151,
which authorizes the Texas State Board of Barber Examiners to adopt and enforce
all rules necessary for the performance of its duties.
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 August 12, 2005.
TRD-200503373
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Effective date: September 1, 2005
Proposal publication date: June 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.80
The Texas State Board of Barber Examiners adopts an amendment
to §51.80, concerning Transfer of Student Hours from Out of State. The
amendment is adopted without changes to the proposed text as published in
the June 24, 2005, issue of the
Texas Register
(30
TexReg 3715) and will not be republished.
The amendment is adopted to delete a reference to health certificate to
conform with statutory changes made by the 79th Legislature and to delete
the requirement that the examination fee be paid by money order or cashier's
check.
No comments on the proposed amendment were received.
The amendment is adopted under the Texas Occupations Code, §1601.151
which provides the Texas State Board of Barber Examiners with the authority
to adopt and enforce all rules necessary for the performance of its duties.
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 August 12, 2005.
TRD-200503372
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Effective date: September 1, 2005
Proposal publication date: June 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.85
The Texas State Board of Barber Examiners adopts an amendment
to §51.85, concerning Reciprocal/Endorsement Licensing of Barbers. The
amendment is adopted without changes to the proposed text as published in
the June 24, 2005, issue of the
Texas Register
(30
TexReg 3716) and will not be republished.
The amendment is adopted to delete the reference to specific fee amounts
in subsection (a), to delete the reference to physician's certificate in subsection
(g), and to delete subsection (k) in its entirety.
No comments on the proposed amendment were received.
The amendment is adopted under the Texas Occupations Code, §1601.151
which provides the Texas State Board of Barber Examiners with the authority
to adopt and enforce all rules necessary for the performance of its duties.
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 August 12, 2005.
TRD-200503374
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Effective date: September 1, 2005
Proposal publication date: June 24, 2005
For further information, please call: (512) 936-6333
Chapter 371.
EXAMINATIONS
22 TAC §371.2, §371.17
The Texas State Board of Podiatric Medical Examiners adopts
an amendment to §371.2 concerning Applicant for License and new §371.17
concerning Residency Program Responsibilities with changes to the proposed
text as published in the June 10, 2005, issue of the
Texas Register
(30 TexReg 3396).
The change to the proposed rule as published consists of deleting §371.17(d)
in its entirety relating to inspection of facilities housing a residency program
to ensure compliance. The change affects no new persons, entities, or subjects
other than those given notice, and compliance with the adopted sections will
not be affected. Accordingly, republication of the adopted sections as proposed
amendments is not required.
The amendments are being adopted to reflect the new timeframe and fee for
the inclusion of FBI checks on applicants. The new rule is being adopted to
give some guidance to the residency directors about the requirements for their
residents.
No comments were received regarding the board's adoption of the amended
and new sections.
The amendments and new rule are being adopted under Texas Occupations
Code, §202.151, which provides the Texas State Board of Podiatric Medical
Examiners with the authority to adopt reasonable or necessary rules and bylaws
consistent with the law regulating the practice of podiatry, the law of this
state, and the law of the United States to govern its proceedings and activities,
the regulation of the practice of podiatry and the enforcement of the law
regulating the practice of podiatry.
The adopted amendments implements Texas Occupations Code, §202.153
and §202.259.
§371.2.Applicant for License.
(a)
Any person who wishes to practice podiatric medicine in
this state, who is not otherwise licensed under law, must successfully pass
an examination given at the Board's direction pursuant to §371.11 of
this title (relating to Scoring and Reporting), and complete the graduate
podiatric medical education requirements as set forth herein, §371.3(f)
of this title (relating to Qualifications of Applicants). One who successfully
completes all the requirements for licensing as set forth in these rules and
who has made payment of all applicable fees shall be awarded a valid license
to practice podiatric medicine in the State of Texas for the term lawfully
stipulated by and under the conditions set forth in these rules, and the Podiatric
Medical Practice Act of Texas, Texas Occupations Code, §202, Subchapter
F.
(b)
Any person who wishes to sit for the examination, shall
submit a written application on a form provided by the Board. The applicant
shall verify by affidavit the information in the application. The Board may
refuse to admit to the examination or grant a license to any applicant who
knowingly submits false information to the Board.
(c)
Applications for examination must be on the Board's application
form printed in ink or typewritten, which shall be furnished by the Board
staff upon request.
(d)
The completed application and required supporting materials
must be received by the Board staff no later than 60 days before the first
day of the examination. The materials supporting the application, such as
transcripts of candidates, shall be received by the Board before the examination.
(e)
The filing of an application and tendering the fee to the
Board staff shall not in any way obligate the Board to admit the applicant
to examination until applicant has been qualified by the Board as meeting
the statutory and regulatory requirements for admission to the examination
for licensing.
(f)
The full examination fee is $289 Only certified check,
Postal Service Money Order or Express Money Order shall be accepted. No examination
fee will be refunded. The examination fee must be received by the Board at
least 15 days before the date the applicant is scheduled to begin the examination.
(g)
Temporary License.
(1)
A temporary license may be granted by the Board to a certified
graduate of an accredited college of podiatric medicine under §371.3(b)
of this title (relating to Qualifications of Applicants) who is enrolled in
an accredited graduate podiatric medical education (gpme) program under §371.3(f)
for a term not to exceed the time the graduate is enrolled in said gpme program.
In no case is said temporary license to be issued for a term to exceed three
years, or renewed in successive years for a time that cumulatively exceeds
three years.
(2)
A temporary license may be granted by the Board to a certified
graduate of an accredited college of podiatric medicine under §371.3(b)
of this title (relating to Qualifications of Applicants) who is enrolled in
a gpme program that is pending accreditation, as defined under §371.3(f)
for a term not to exceed the time the graduate is enrolled in said gpme program.
In no case is said temporary license to be issued for a term to exceed three
years, or renewed in successive years for a time that cumulatively exceeds
four years. It shall be the sole responsibility of the applicant to ascertain
the accreditation status, as defined in §371.3(f) of the applicant's
gpme program.
(3)
A temporary licensee granted a temporary license for the
purpose of pursuing a gpme program in the State of Texas shall not engage
in the practice of podiatric medicine, whether for compensation or free of
charge, outside the scope and limits of the gpme program in which he or she
is enrolled.
(4)
A temporary license granted by the Board for the purpose
of pursuing a gpme program in the State of Texas shall terminate by operation
of law and under these rules at the time and on the day that said temporary
licensee leaves or is terminated from said gpme program. Any successive entry
into a second or further gpme program shall be subject to all laws and rules
and application requirements set forth herein.
(5)
All temporary licensees shall be subject to the same fees
and penalties as all other licensees as set forth in the Podiatric Medical
Practice Act of Texas, Texas Occupations Code, §202.001 et seq., and
subsequent amendments, including §202.153 of said Act, and Chapter 376
of this title (relating to Violations and Penalties), except that temporary
licensees are not subject to any Board rules concerning continuing medical
education.
(6)
Prior to licensure, applicants for a temporary license
must have passed both Part I and Part II of the National Board, and shall
provide written documentation of passing same directly from the National Board
of Podiatric Medical Examiners to the Texas State Board of Podiatric Medical
Examiners.
(h)
Extended Temporary License.
(1)
The Agency's Executive Director may grant the holder of
a current "Texas Temporary License" an "Extended Temporary License", for good
cause. Good cause may include but is not limited to:
(A)
The illness of the holder or a family member for whom the
holder is directly or indirectly responsible.
(B)
A verifiable family emergency.
(C)
An additional residency training issue.
(D)
Additional time needed for the result of the Texas Oral
Exam to be disseminated and for a valid regular license to be issued by the
Board to the holder.
(2)
An Extended Temporary License is an extension of the holder's
Temporary License and shall allow the holder to continue to practice podiatric
medicine for up to an additional three months, with the same responsibilities,
restrictions and conditions of a Temporary License as found in §371.2(g)
of this section.
(3)
The fee for an Extended Temporary License shall be $50
for a three month period.
(4)
An Extended Temporary License may be renewed a maximum
of two times to any holder of a Temporary License. The second renewal shall
be granted only after and upon the agency's Executive Director's determination
that appropriate "good cause" circumstances continue to exist for the re-issuance
of an Extended Temporary License.
(i)
Temporary Faculty License.
(1)
The Board may issue a Temporary Faculty License to a qualified
podiatric physician who at the time of applying for this license has accepted
an appointment to, or is serving as a full-time member of the faculty of an
educational institution in this state including a hospital approved podiatric
residency program, a residency program pending approval, offering an approved
or accredited course of study or training leading to a degree in podiatric
medicine.
(2)
In this subsection (i), the term "qualified podiatric physician"
shall mean one who:
(A)
Is a licensed podiatric physician in good standing in another
state having similar licensing requirements as that of this Board, and;
(B)
Has been in podiatric practice in another state.
(3)
This Temporary Faculty License shall be issued to the holder
in 31 day increments not to exceed 24 periods. The incremental periods wherein
the license is valid need not be contiguous, but rather may be in any arrangement
approved by the Executive Director of the Board.
(4)
The Temporary Faculty License shall authorize the visiting
podiatric physician to practice podiatric medicine only and exclusively within
the teaching confines of the educational institution in this state, hospital
or approved residency program or a program pending approval by the Council
of Podiatric Medical Education of the American Podiatric medical Association
as a part of the duties and responsibilities assigned by the teaching institution
to the license holder.
(5)
Except for the requirement of passing the Board's Oral
Examination and completing an approved one- year residency program any person
applying for a Temporary Faculty License under this section must comply with
all application, and licensure requirements found in §371.3 and are subject
to the Board's Statute and Rules,
(6)
The holder must sign an oath on a notarized form provided
by the Board swearing that the holder has read and is familiar with the Board's
Statute and Rules; will abide by this Statute and Rules and will be subject
to the disciplinary procedures of the Board.
(j)
Provisional License.
(1)
Requirements for Provisional License. On application for
examination, an applicant may apply for a provisional license under the following
circumstances.
(A)
The applicant must be licensed in good standing as a podiatric
physician in another state, the District of Columbia, or a territory of the
United States that has licensing requirements that are substantially equivalent
to the requirements of the Podiatric Medical Practice Act, subsequent amendments,
and rules and must furnish proof of such licensure on Board forms provided.
(B)
The applicant must have passed a national or other examination
recognized by the Board relating to the practice of podiatric medicine and
must submit a true and correct copy of the applicant's score report.
(C)
The applicant must not have failed an examination for a
license conducted by the Board.
(D)
The applicant's license to practice podiatric medicine
must not have been revoked or suspended in any jurisdiction.
(2)
Sponsorship. An applicant for provisional licensure must
be sponsored by a person currently licensed by the Board for at least five
years and in good standing under the Podiatric Medical Practice Act with the
following conditions applicable.
(A)
Prior to practice in Texas, on forms provided by the Board,
the sponsor licensee will certify to the Board the following:
(i)
that the applicant for provisional licensure will be working
within the same office as the licensee, under the direct supervision of the
sponsor licensee; and
(ii)
that such sponsor licensee is aware of the Act and rules
governing provisional licensure and that the sponsorship will cease upon the
invalidity of the provisional license.
(B)
Sponsor licensee will be held responsible for the unauthorized
practice of podiatric medicine should such provisional license expire.
(3)
Hardship. An applicant for a provisional license may be
excused from the requirement of sponsorship of this rule if the Board determines
that compliance with that subsection constitutes a hardship to the applicant.
(4)
Application and Fee. The Board shall issue a license pursuant
to this rule to the holder of a provisional license if:
(A)
The applicant for provisional licensure will be subject
to all application requirements required by Chapter 371 of this title (relating
to Examinations) and subject to the applicable examination fees established
under §371.2(f) of this title (relating to Examination Fee). In addition,
the applicant will be subject to a fee for issuance of a provisional license.
(B)
No provisional license can be issued until all application
forms and fees are received in the Board office and the application is approved.
(C)
A provisional license expires upon the passage of 180 days
or notice by the Board of the applicant's successful passage or failure of
all examinations required by Chapter 371, whichever comes first. It shall
be the responsibility of the applicant and sponsor to return the provisional
license to the Board office on expiration.
(D)
The applicant's failure to sit for the first scheduled
Board examination following application for examination invalidates the provisional
license, unless in the discretion of the Executive Director sufficient and
reasonable evidence regarding nonappearance exists.
(E)
Each applicant for provisional license shall receive only
one nonrenewable license prior to the issuance of a license.
(F)
If at any time during the provisional licensure period
it is determined that the holder of such provisional license has violated
the Podiatric Medical Practice Act or Board rules, such provisional license
will be subject to disciplinary action including revocation.
§371.17.Residency Program Responsibilities.
(a)
All residency programs requesting temporary licenses for
the podiatric physicians participating in the program must meet all American
Podiatric Medical Association/Council on Podiatric Medical Education (APMA/CPME)
requirements for accreditation.
(b)
The residency director will be held responsible for the
entire program including but not limited to:
(1)
ensuring that the temporary licensee is practicing within
the scope of the residency program requirements.
(2)
the temporary licensee has read and understood the Act
and Rules governing the practice of podiatric medicine.
(3)
Ensuring that all residency program attendees are properly
licensed with the Board prior to participation in the program.
(c)
Within thirty (30) days of the start date of the program
each year, the residency director must report to the Board a list of all residents
enrolled in the program, the names of all of the directors in the program
and which program each individual is enrolled in.
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 August 12, 2005.
TRD-200503354
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective date: September 1, 2005
Proposal publication date: June 10, 2005
For further information, please call: (512) 305-7000
22 TAC §375.16
The Texas State Board of Podiatric Medical Examiners adopts
a new rule §375.16 concerning General Authority of Podiatrist to Delegate
without changes to the proposed text as published in the June 10, 2005, issue
of the
Texas Register
(30 TexReg 3397). The
text will not be republished.
The new rule is being adopted to establish rules for a podiatric physician
to delegate duties.
No comments were received regarding the board's adoption of the new section.
The new rule is being adopted under Texas Occupations Code, §202.151,
which provides the Texas State Board of Podiatric Medical Examiners with the
authority to adopt reasonable or necessary rules and bylaws consistent with
the law regulating the practice of podiatry, the laws of this state, and the
law of the United States to govern its proceedings and activities, the regulation
of the practice of podiatry and the enforcement of the law regulating the
practice of podiatry.
The adopted new rule implements Texas Occupations Code, §202.151.
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 August 12, 2005.
TRD-200503355
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Effective date: September 1, 2005
Proposal publication date: June 10, 2005
For further information, please call: (512) 305-7000
Chapter 593.
LICENSES
22 TAC §593.6
The Texas Structural Pest Control Board adopts an amendment
to §593.6, concerning License Expiration and Renewal without changes
to the proposed text as published in the July 8, 2005, issue of the
Texas Register
(30 TexReg 3962).
Justification for the rule is that the adoption clarifies this regulation
by clarifying how statutorily mandated late fees are assessed. The change
also clarifies what a licensee needs to do to complete the license renewal
process.
The rule will function in clarifying to licensees on how statutorily mandated
late fees are assessed. The change also clarifies what a licensee needs to
do to complete the license renewal process.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
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 August 10, 2005.
TRD-200503328
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: September 1, 2005
Proposal publication date: July 8, 2005
For further information, please call: (512) 305-8270
22 TAC §593.7
The Texas Structural Pest Control Board adopts an amendment
to §593.7, concerning Fees without changes to the proposed text as published
in the July 8, 2005, issue of the
Texas Register
(30 TexReg 3963).
Justification for the rule is that the adoption raises fees to cover the
increased appropriations given to the agency by the Texas Legislature.
The rule will function in raising the fees for licensees to cover the cost
of the increased appropriations given to the agency by the Texas Legislature.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
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 August 10, 2005.
TRD-200503329
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: September 1, 2005
Proposal publication date: July 8, 2005
For further information, please call: (512) 305-8270
Chapter 681.
PROFESSIONAL COUNSELORS
The Texas State Board of Examiners of Professional Counselors (board)
adopts amendments to §§681.2, 681.4, 681.14, 681.41, 681.45, 681.49,
681.52, 681.72, 681.73, 681.82, 681.91 - 681.93, 681.101 - 681.103, 681.111,
681.124 - 681.126, 681.141, 681.144, 681.162, 681.164, 681.166, 681.167, 681.171;
new rules §§681.181, 681.182, and 681.184, and the repeal of §§681.104,
681.163, 681.181, 681.182, and 681.184, concerning the licensing and regulation
of professional counselors. Sections 681.91, 681.101, 681.103, 681.111, 681.125
and 681.141 are adopted with changes to the proposed text as published in
the June 17, 2005, issue of the
Texas Register
(30
TexReg 3521). Amendments §§681.2, 681.4, 681.14, 681.41, 681.45,
681.49, 681.52, 681.72, 681.73, 681.82, 681.92, 681.93, 681.102, 681.124,
681.126, 681.144, 681.162, 681.164, 681.166, 681.167, 681.171; new rules §§681.181,
681.182, and 681.184 and repeals §§681.104, 681.163, 681.181, 681.182
and 681.184 are adopted without changes and, therefore, the sections will
not be republished.
Texas Government Code, §2001.039, requires that each state agency
review and consider for re-adoption each rule adopted by that agency pursuant
to the Government Code, Chapter 2001 (Administrative Procedure Act). Sections
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 - 681.171, 681.181 - 681.184, and 681.201 - 681.204
have been reviewed and the board has determined that the reasons for adopting
the sections continue to exist because rules concerning the regulation of
professional counselors are necessary in order to protect public health, safety,
and welfare. The rules regarding the new examinations are adopted in order
to implement legislation resulting from the Sunset Advisory Commission's review
of the board. Sections 681.1, 681.3, 681.5 - 681.13, 681.15, 681.16, 681.31,
681.42 - 681.44, 681.46 - 681.48, 681.50, 681.51, 681.71, 681.81, 681.83,
681.104, 681.112, 681.113, 681.121 - 681.123, 681.127, 681.142 - 681.143,
681.145 - 681.147, 681.161, 681.163, 681.165, 681.168 - 681.170, 681.183,
and 681.201 - 681.204 were proposed with no changes and opened for comment.
No comments were received concerning these sections, and they are adopted
with no changes.
The board received the following comments on the proposed rules during
the comment period and the board's response follows each comment. The commenters
were the Texas Counseling Association and individuals who generally supported
the rules, while objecting to particular sections.
Comment: One commenter expressed concerns regarding persons already licensed
as a professional counselor being exempt from taking the National Counselor
Exam.
Response: The board notes that the proposed rules do not require those
already licensed as professional counselors to take the National Counselor
Exam. No changes were made as a result of the comment.
Comment: Concerning §681.72, one commenter expressed concern requiring
applicants for licensure to take the Texas Jurisprudence exam in order to
gain license. The commenter suggested that the National Certified Counselor
Code of Ethics should take the place of the Texas Code of Ethics.
Response: The board disagrees. The board's Code of Ethics, authorized by
state law and adopted by the board, establishes the parameters for ethical
conduct by Texas professional counselors. The National Certified Counselor
Code of Ethics is not preferable, as it is not based on Texas law. No changes
were made as a result of the comment.
Comment: Concerning §681.141(e) one commenter expressed opposition
to requiring Licensed Professional Counselors to take the Texas Jurisprudence
Exam as a condition of license renewal.
Response: The board disagrees. The board believes that license holders
should be required to take the Texas Jurisprudence Exam as an effective method
to ensure that license holders are knowledgeable of current rules governing
their practices. The board intends to administer the exam electronically through
the Internet as a way to minimize impact on license holders. No changes were
made as a result of the comment. The board did reword subsection §681.141(e)
with clarifying language, replacing "take" with "successfully complete" and
"the" with "their" referencing the Texas Jurisprudence Exam and individual
license.
Comment: Concerning §§681.91, 681.101, 681.103, and 681.111,
one commenter expressed concern regarding the board requiring the National
Clinical Mental Health Counselor Exam.
Response: The board agrees in part with the commenter. The board determined
not to adopt the requirement for applicants to pass the National Clinical
Mental Health Counselor Exam at this time. The board believes that further
study of this issue is warranted. Changes were made to the sections to eliminate
references to the National Clinical Mental Health Counselor Exam.
Comment: Concerning §681.91(f) one commenter expressed concern with
the extension of a temporary license without the supervisor's knowledge. The
commenter asked whether the extension form could be modified to require the
supervisor's signature.
Response: The board agrees and will modify the form as suggested. No changes
were made as a result of the comment.
Comment: One commenter stated that exam candidates will not have enough
practicum hours to obtain the National Certified Counselor (NCC) credential
and that at least two years lead time is necessary before implementing this
requirement, so that educational programs may provide the increased training.
Response: The board disagrees. The current educational requirements, including
practicum, are all that will be required in order for applicants to take the
National Counselor Examination for Texas state licensure purposes. There is
no requirement that applicants obtain the NCC credential.
Comment: Concerning §681.91(g) one commenter recommended that applicants
who needed to complete the remaining 1,000 hours of post-graduate experience
be issued a one-year license be repealed to avoid confusion over contradictory
language.
Response: The board disagrees with the suggestion to repeal the rule. The
board has modified subsection §681.91(g) to describe the conditions for
which a one-year license can be issued.
Comment: Concerning §681.101, one commenter agrees with the decision
to move to the National Counselor Examination for licensure. The commenter
expressed some concerns regarding the costs, timeline, and communication protocols
associated with this change. The commenter also noted the need for technical
corrections to §681.101(h), (i), (j) and §681.103(d).
Response: The board agrees. The recommended corrections are incorporated
into the adopted rules. The commenter's concerns regarding costs, timeline,
and communication protocols were discussed at length with the commenter in
an open meeting. As requested, the board will mail information packets to
interns and universities regarding the changes. The commenter's concerns regarding
costs and timelines were alleviated upon learning of the board's decision
not to require the National Clinical Mental Health Counselor Examination at
this time.
The board made the following change due to staff comments.
Change: Concerning §681.125(e), the subsection was reworded with "successfully
complete" replacing proposed "take and pass" and "Examination" replacing the
abbreviation of "Exam" in proposed.
Subchapter A. THE BOARD
22 TAC §§681.2, 681.4, 681.14
The amendments are authorized by Texas Occupations Code, §503.203(a),
which provides the Texas State Board of Examiners of Professional Counselors
with the authority to adopt rules necessary to administer the chapter.
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 August 12, 2005.
TRD-200503376
Judy Powell
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: September 1, 2005
Proposal publication date: June 17, 2005
For further information, please call: (512) 458-7236
22 TAC §§681.41, 681.45, 681.49, 681.52
The amendments are authorized by Texas Occupations Code, §503.203(a),
which provides the Texas State Board of Examiners of Professional Counselors
with the authority to adopt rules necessary to administer the chapter.
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 August 12, 2005.
TRD-200503377
Judy Powell
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: September 1, 2005
Proposal publication date: June 17, 2005
For further information, please call: (512) 458-7236
22 TAC §681.72, §681.73
The amendments are authorized by Texas Occupations Code, §503.203(a),
which provides the Texas State Board of Examiners of Professional Counselors
with the authority to adopt rules necessary to administer the chapter.
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 August 12, 2005.
TRD-200503378
Judy Powell
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: September 1, 2005
Proposal publication date: June 17, 2005
For further information, please call: (512) 458-7236
22 TAC §681.82
The amendment is authorized by Texas Occupations Code, §503.203(a),
which provides the Texas State Board of Examiners of Professional Counselors
with the authority to adopt rules necessary to administer the chapter.
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 August 12, 2005.
TRD-200503379
Judy Powell
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: September 1, 2005
Proposal publication date: June 17, 2005
For further information, please call: (512) 458-7236
22 TAC §§681.91 - 681.93
The amendments are authorized by Texas Occupations Code, §503.203(a),
which provides the Texas State Board of Examiners of Professional Counselors
with the authority to adopt rules necessary to administer the chapter.
§681.91.Temporary License.
(a)
The board may issue a temporary license to an applicant
who:
(1)
has filed all application forms and paid all applicable
fees;
(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);
(4)
has not completed the supervised experience described
in §681.92 of this title (relating to Experience Requirements (Internship));
and
(5)
has completed the required examinations.
(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.
(f)
An LPC intern who does not complete the supervised experience
during the 36 months may renew his/her temporary license once for an additional
36 months by written request and payment of a fee. The LPC intern must submit
proof of successfully completing the Texas Jurisprudence Exam as a condition
for renewal.
(g)
Applicants who previously held licensure under the 2,000
hour rule and who need to complete the remaining 1,000 hours will be allowed
to apply for a one year temporary license in order to accrue the hours. No
extension of this license will be approved.
(h)
An LPC intern who holds a temporary license issued before
September 1, 2005, 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).
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 August 12, 2005.
TRD-200503380
Judy Powell
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: September 1, 2005
Proposal publication date: June 17, 2005
For further information, please call: (512) 458-7236
22 TAC §§681.101 - 681.103
The amendments are authorized by Texas Occupations Code, §503.203(a),
which provides the Texas State Board of Examiners of Professional Counselors
with the authority to adopt rules necessary to administer the chapter.
§681.101.Examination.
(a)
Each applicant for licensure is required to take and pass
the National Counselor Exam and the Texas Jurisprudence Exam prior to application.
(b)
The development or administration of the examination may
be contracted to a national testing company.
(c)
Examinations will be administered at testing centers located
in various cities throughout the state.
(d)
The examination fee shall be paid to the board's contractor.
(e)
Applicants seeking accommodations for the licensure examination
under the Americans with Disabilities Act shall inform the national testing
company of any special accommodations needed in advance and in writing. Disability
accommodation requests must be accompanied by verification of the disability
from a professional who has diagnosed or can attest to the disability and
who recommends accommodation.
(f)
As of September 1, 2005, LPC-Interns who have not passed
the Texas exam will be required to pass the National Counselor Exam prior
to the expiration of the temporary license.
(g)
A regular license will be issued to an applicant only
after completion of supervised experience.
§681.103.Reexamination.
(a)
An applicant who fails the licensure examination may schedule
a second examination. The subsequent examination can be scheduled no sooner
than 90 days after the prior exam.
(b)
The temporary license of persons who applied for licensure
before September 1, 2005, and have failed any two successive examinations
shall be voided. Reapplication for a temporary license must be in accordance
with §681.72 of this title (relating to Required Application Materials)
and §681.91(a)(5) of this title (relating to Temporary License). These
individuals may not make application for a temporary license, provisional
license, or reapply for a regular license until two years have elapsed from
the date of the last examination or until the person has completed nine graduate
semester hours in the applicant's weakest portion of the examination. The
hours must be in counseling or counseling-related courses. After completion
of the coursework or the elapsing of two years, a new application for licensure
must be submitted in accordance with §681.81 of this title (relating
to General) and §681.82 of the title (relating to Academic Requirements).
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 August 12, 2005.
TRD-200503381
Judy Powell
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: September 1, 2005
Proposal publication date: June 17, 2005
For further information, please call: (512) 458-7236
22 TAC §681.104
The repeal is authorized by Texas Occupations Code, §503.203(a),
which provides the Texas State Board of Examiners of Professional Counselors
with the authority to adopt rules necessary to administer the chapter.
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 August 12, 2005.
TRD-200503382
Judy Powell
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: September 1, 2005
Proposal publication date: June 17, 2005
For further information, please call: (512) 458-7236
22 TAC §681.111
The amendment is authorized by Texas Occupations Code, §503.203(a),
which provides the Texas State Board of Examiners of Professional Counselors
with the authority to adopt rules necessary to administer the chapter.
§681.111.Issuance of Licenses.
(a)
The board will issue a license to each applicant who has
satisfactorily fulfilled all requirements for licensure.
(b)
Regular licenses and regular licenses with an art therapy
specialty designation shall bear the signatures of board members and be affixed
with the seal of the board.
(c)
Temporary licenses shall bear the signatures of the board
chair and the executive director.
(d)
Provisional licenses and provisional licenses with an
art therapy specialty designation shall bear the signature of the executive
director.
(e)
Any license certificate or renewal card issued by the
board remains the property of the board and must be surrendered to the board
on demand.
(f)
The board will replace a lost, damaged, or destroyed license
certificate or renewal cards upon a written request from the licensee and
payment of the license replacement fee.
(g)
Upon the written request and payment of the license certificate
duplicate fee by a licensee, the board will provide a licensee with a duplicate
for a second place of practice which is designated in a licensee's file.
(h)
Only the highest academic degree earned from an accredited
college or university in counseling or a counseling-related field may appear
on the license certificate.
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 August 12, 2005.
TRD-200503383
Judy Powell
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: September 1, 2005
Proposal publication date: June 17, 2005
For further information, please call: (512) 458-7236
22 TAC §§681.124 - 681.126
The amendments are authorized by Texas Occupations Code, §503.203(a),
which provides the Texas State Board of Examiners of Professional Counselors
with the authority to adopt rules necessary to administer the chapter.
§681.125.Inactive Status.
(a)
A licensee may place his or her license on inactive status
by submitting a written request prior to the expiration of the license along
with the inactive fee. Inactive status periods shall be granted only to persons
whose licenses are current or whose licenses have been expired for less than
one year.
(b)
An inactive status period shall begin on the first day
of the month following payment of an inactive status fee.
(c)
A person may not act as a professional counselor, represent
himself or herself as a professional counselor, or provide counseling treatment
intervention during the inactive status period, unless exempted by the Act.
(d)
A person may remain subject to investigation and action
under Subchapter K of this chapter (relating to Complaints and Violations)
during the period of inactive status.
(e)
A person must notify the board in writing to return to
active status. Prior to re-instatement, a person seeking active status must
successfully complete the Texas Jurisprudence Examination. Active status shall
begin after receipt of proof of successful completion of the Texas Jurisprudence
Examination and payment of applicable fees.
(f)
The person's next continuing education cycle will begin
upon return to active status and end on the last day of the person's birth
month.
(g)
A person previously approved as a supervisor whose professional
counselor license has been inactive for more than two years and who resumes
active license status may become a supervisor by again meeting the supervision
course requirements of the board. An inactive status of less than two years
will not require a supervision course.
(h)
The licensee must renew the inactive status annually.
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 August 12, 2005.
TRD-200503384
Judy Powell
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: September 1, 2005
Proposal publication date: June 17, 2005
For further information, please call: (512) 458-7236
22 TAC §681.141, §681.144
The amendments are authorized by Texas Occupations Code, §503.203(a),
which provides the Texas State Board of Examiners of Professional Counselors
with the authority to adopt rules necessary to administer the chapter.
§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 24-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 24 clock-hours of continuing
education acceptable to the board during each 24 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.
(e)
Beginning January 1, 2007, a licensee must successfully
complete the Texas Jurisprudence Examination in order to renew their license.
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 August 12, 2005.
TRD-200503385
Judy Powell
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: September 1, 2005
Proposal publication date: June 17, 2005
For further information, please call: (512) 458-7236
22 TAC §§681.162, 681.164, 681.166, 681.167, 681.171
The amendments are authorized by Texas Occupations Code, §503.203(a),
which provides the Texas State Board of Examiners of Professional Counselors
with the authority to adopt rules necessary to administer the chapter.
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 August 12, 2005.
TRD-200503386
Judy Powell
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: September 1, 2005
Proposal publication date: June 17, 2005
For further information, please call: (512) 458-7236
22 TAC §681.163
The repeal is authorized by Texas Occupations Code, §503.203(a),
which provides the Texas State Board of Examiners of Professional Counselors
with the authority to adopt rules necessary to administer the chapter.
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 August 12, 2005.
TRD-200503387
Judy Powell
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: September 1, 2005
Proposal publication date: June 17, 2005
For further information, please call: (512) 458-7236
Subchapter C. EXAMINATION AND LICENSING
Part 18.
TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS
Chapter 375.
RULES GOVERNING CONDUCT
Part 25.
TEXAS STRUCTURAL PEST CONTROL BOARD
Part 30.
TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS
Subchapter C. CODE OF ETHICS
Subchapter D. APPLICATION PROCEDURES
Subchapter E. ACADEMIC REQUIREMENTS FOR LICENSURE
Subchapter F. EXPERIENCE REQUIREMENTS FOR LICENSURE
Subchapter G. LICENSURE EXAMINATIONS
Subchapter H. LICENSING
Subchapter I. REGULAR LICENSE RENEWAL; INACTIVE AND RETIREMENT STATUS
Subchapter J. CONTINUING EDUCATION REQUIREMENTS
Subchapter K. COMPLAINTS AND VIOLATIONS
Subchapter L. FORMAL HEARINGS