Part 5.
STATE BOARD OF DENTAL EXAMINERS
Chapter 107.
DENTAL BOARD PROCEDURES
Subchapter B. PROCEDURES FOR INVESTIGATING COMPLAINTS
22 TAC §107.102
The Texas State Board of Dental Examiners (Board) proposes
amendments to 22 TAC Chapter 107, §107.102, concerning procedures in
the conduct of investigations. The amendments are proposed to clarify and
standardize language, and to improve organization.
The amendments remove from §107.102 subsections (g) - (j). The language
contained in those subsections addresses dismissal of cases, and is being
relocated to a new §107.103. The Board proposed new §107.103, the
repeal of the current §107.103, and a new §107.110 to contain the
language currently residing in §107.103 in the February 18, 2005, issue
of the
Texas Register
(30 TexReg 800).
The proposed amendments also more accurately reflect that the director
of enforcement may only recommend, and not dictate, the manner of disposition
of complaints.
There are no other substantive changes to the section.
Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners
has determined that for each year of the first five-year period the amendments
are in effect, there will be no fiscal implications for local or state government
as a result of enforcing or administering the amended section.
There is negligible public benefit anticipated as a result of enforcing
or administering the amended section.
There will be no impact on large, small or micro-businesses.
There is no anticipated economic cost to persons as a result of enforcing
or administering the amended section.
Comments on the proposal may be submitted to Bobby D. Schmidt, M.Ed. Executive
Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, (512) 475-1660. To be considered, all written comments
must be received by the Texas State Board of Dental Examiners no later than
30 days from the date that this amended section is published in the
The amendments are proposed under Texas Government Code §§2001.021
et seq., Texas Civil Statutes; the Occupations Code §254.001, which provides
the Board with the authority to adopt and enforce rules necessary for it to
perform its duties.
The proposed amendments affect Title 3, Subtitle D of the Occupations Code
and Texas Administrative Code, Title 22, Chapters 101 - 125.
§107.102.Procedures in Conduct of Investigation.
(a) - (c)
(No change.)
(d)
During the course of an investigation, the complainant
shall be given an opportunity to explain or comment on the allegations made
in the complaint. At the initiation of the investigation, the respondent shall
be provided a copy of the complaint to facilitate a response, unless
doing
[
(e)
The parties to the complaint shall receive notice of the
complaint's
status [
(f)
Upon completion of the investigation,
the director of enforcement shall review the case. The director of enforcement
may:
(1)
recommend dismissal of the complaint;
(2)
recommend the case be taken before the State Office of
Administrative Hearings;
(3)
recommend the case be taken before an informal settlement
conference;
(4)
recommend that the legal division prepare a proposed board
order;
(5)
refer the case for review by the board or a committee of
the board;
(6)
direct further investigation;
(7)
refer the case for review by a board member; or,
(8)
take other appropriate action or consideration in accordance
with SBDE rules and the Dental Practice Act.
(g)
The director of enforcement will not make
a recommendation in cases involving standard of care issues. Such cases shall
be reviewed by one board member, who must be a dentist.
[(f)
Upon completion of the investigation,
the Director of Enforcement shall review the case. The Director of Enforcement
may recommend dismissal of the case, refer the case to the State Office of
Administrative Hearings, refer the case to an informal settlement conference,
request that the legal division prepare a proposed Board Order, direct the
case to the Board or a committee of the Board, direct further investigation,
request the case be reviewed by a Board member, or other appropriate action
or consideration in accordance with Board rules. The Director of Enforcement
will not make a recommendation of standard of care matters. Cases involving
standard of care matters will be reviewed by two Board members, one of those
two must be a dentist.]
[(g)
If the Director of Enforcement recommends
dismissal of a case, he or she shall state, with specificity, the reason or
reasons for the recommended dismissal. A case recommended for dismissal by
the Director of Enforcement shall be reviewed by a member of the Enforcement
Committee. If the committee member does not agree with the dismissal, the
case will be forwarded to an informal settlement conference. If the committee
member agrees that the case should be dismissed the dismissal shall be final.]
[(h)
All jurisdictional cases shall be investigated.
No case will be dismissed without appropriate consideration. If a complaint
is dismissed, the Board shall notify the complainant within ten days of the
date of the Board action. The notice of dismissal must be in writing, include
the reason(s) for the dismissal and inform the complainant of the right to
appeal the dismissal. An appeal under this section shall be considered a request
for reconsideration of the dismissed case.]
[(i)
The Board may hear an appeal in a dismissed
case only if:]
[(1)
New information or evidence is presented, the acceptance
of such, if taken as true supports the original complaint(s);]
[(2)
The complainant must, in writing, request reconsideration
of a dismissed case postmarked no later than twenty days from the date of
receipt of the Board's dismissal letter. The complainant(s) is presumed to
be in receipt of the dismissal letter on the third day after the date on which
the dismissal letter is mailed.]
[(3)
A request for reconsideration of a dismissed case(s) shall
not be considered by the Board unless it is timely submitted.]
[(4)
A request for reconsideration must contain the requirements
specified in this subsection. For purposes of this section, a complainant
is deemed to have received the dismissal letter three days from the date of
mailing by the Board.]
[(5)
Requests meeting this subsection shall be heard by the
Professional Evaluation Committee no later than sixty days after the date
the Board receives the request from the complainant requesting reconsideration.
This time frame may be extended upon good cause shown by the Board. If the
time for reconsideration occurs after this sixty day period, the Board shall
notify the complainant(s) in writing.]
[(6)
This subsection does not apply to cases dismissed by the
full Board by recommendation from an Informal Settlement Conference panel.
All cases dismissed by the full Board may be appealed in accordance with the
Government Code.]
[(j)
The Professional Evaluation Committee
shall consist of three board members appointed by the President of the Board,
one of whom must be a public member. Complaints referred to the Professional
Evaluation Committee by the Secretary or designee may be dismissed, referred
to an informal settlement conference or returned for further investigation.
The Professional Evaluation Committee may also propose an agreed Board Order
imposing sanctions. All Board Orders proposed by the Professional Evaluation
Committee shall include a statement that the Respondent should not agree to
the Order if he or she wants to explain any part of his or her conduct in
connection with the complaint.]
[(1)
Meetings of the Professional Evaluation Committee are
open meetings as defined by the Open Meetings Act;]
[(2)
Only Professional Evaluation Committee members and SBDE
staff may participate in discussions concerning any complaint. The members
may review and consider all information in the investigative file.]
[(3)
All cases heard by the Professional Evaluation Committee
involving reconsideration of an earlier dismissal by the Board are final.]
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 25, 2005.
TRD-200500873
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: April 10, 2005
For further information, please call: (512) 475-0972
Chapter 131.
ORGANIZATION AND ADMINISTRATION
Subchapter F. ADMINISTRATION
22 TAC §131.81
The Texas Board of Professional Engineers proposes amendments
to §131.81, relating to Definitions. The proposed amendments add language
to define CAC/ABET and Supervision of Engineering Construction.
The Board is proposing to add a definition of CAC/ABET to support other
rule changes that include a reference to the Computing Accreditation Commission
of the Accreditation Board for Engineering and Technology. Section 1001.407
of the Act refers to supervision of engineering construction and the proposed
rule change defines this term.
Lance Kinney, P.E., Director of Licensing for the board, has determined
that for the first five-year period the proposed amendment is in effect there
are no fiscal implications for the state or local government as a result of
enforcing or administering the section as amended.
Mr. Kinney also has determined that for the first five years the proposed
amendment is in effect, the public benefit anticipated as a result of enforcing
the proposed amendment will be clarification of the license and registration
process.
Mr. Kinney has also determined that there is no additional cost to the
agency or to licensees. There is no effect to individuals required to comply
with the rule as proposed. There is no effect to small or micro businesses.
Comments may be submitted no later than 30 days after the publication of
this notice to Lance Kinney, P.E., Director of Licensing, Texas Board of Professional
Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed to his attention
at (512) 440-0417.
The amendment is proposed pursuant to the Texas Engineering Practice
Act, Occupations Code §1001.202, which authorizes the board to make and
enforce all rules and regulations and bylaws consistent with the Act as necessary
for the performance of its duties, the governance of its own, proceedings,
and the regulation of the practice of engineering in this state.
No other statutes, articles or codes are affected by the proposed amendment.
§131.81.Definitions.
In applying the Texas Engineering Practice Act and the board rules,
the following definitions shall prevail unless the word or phrase is defined
in the text for a particular usage. Singular and masculine terms shall be
construed to include plural and feminine terms and vice versa.
(1)
ABET--Accreditation Board for Engineering and Technology
(2)
Act--The Texas Engineering Practice Act, Chapter 1001,
Texas Occupations Code.
(3)
Advisory Opinion--A statement of policy issued by the board
that provides guidance to the public and regulated community regarding the
board's interpretation and application of Chapter 1001, Texas Occupations
Code, referred to as the Texas Engineering Practice Act "Act" and/or board
rules and that do not have the force and effect of law.
(4)
Agency or Board--Texas Board of Professional Engineers.
(5)
Applicant--A person applying for a license to practice
professional engineering or a firm applying for a certificate of registration
to offer or provide professional engineering services.
(6)
Application--The forms, information, and fees necessary
to obtain a license as a professional engineer or a certificate of registration
for a firm.
(7)
CAC/ABET -- Computing Accreditation Commission
of the Accreditation Board for Engineering and Technology.
(8)
[
(9)
[
(10)
[
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
(17)
[
(18)
[
(19)
[
(20)
[
(21)
[
(22)
[
(23)
[
(24)
[
(25)
[
(26)
[
(27)
[
(28)
[
(29)
[
(30)
[
(31)
[
(32)
[
(33)
[
(34)
[
(35)
[
(36)
Supervision of Engineering Construction
-- As used in §1001.407 of the Act, includes but is not limited to the
periodic observation of materials and completed work to determine general
compliance with plans, specifications and design and planning concepts. Supervision
of engineering construction does not include the construction means and methods;
responsibility for the superintendence of construction processes, site conditions,
operations, equipment, personnel; or the maintenance of a safe place to work
or any safety in, on or about the site.
(37)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 25, 2005.
TRD-200500874
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: April 10, 2005
For further information, please call: (512) 440-7723
Subchapter A. INDIVIDUAL AND ENGINEER COMPLIANCE
22 TAC §137.17
The Texas Board of Professional Engineers proposes amendments
to §137.17, relating to Continuing Education. The proposed amendments
add language to allow editing and formally reviewing published materials to
count for Continuing Education credits and revising the credits for this activity.
The proposed rule change permits engineers to earn Professional Development
Hours (PDH) for editing and formally reviewing published materials. Authoring,
editing, and formally reviewing published materials earn one PDH per hour
spent on the activity.
Lance Kinney, P.E., Director of Licensing for the board, has determined
that for the first five-year period the proposed amendment is in effect there
are no fiscal implications for the state or local government as a result of
enforcing or administering the section as amended.
Mr. Kinney also has determined that for the first five years the proposed
amendment is in effect the public benefit anticipated as a result of enforcing
the proposed amendment will be clarification of the requirements and enforcement
process for the Continuing Education Program.
Mr. Kinney has determined that there is no additional cost to the agency
or to licensees. There is no effect to individuals required to comply with
the rule as proposed. There is no effect to small or micro businesses.
Comments may be submitted no later than 30 days after the publication of
this notice to Lance Kinney, P.E., Director of Licensing, Texas Board of Professional
Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed to his attention
at (512) 440-0417.
The amendment is proposed pursuant to the Texas Engineering Practice
Act, Occupations Code §1001.202, which authorizes the board to make and
enforce all rules and regulations and bylaws consistent with the Act as necessary
for the performance of its duties, the governance of its own, proceedings,
and the regulation of the practice of engineering in this state.
No other statutes, articles or codes are affected by the proposed amendment.
§137.17.Continuing Education Program.
(a)
Each license holder shall meet the Continuing Education
Program (CEP) requirements for professional development as a condition for
license renewal.
(b)
Terms used in this section are defined as follows:
(1)
Professional Development Hour (PDH)--A contact hour (clock
hour) of CEP activity. PDH is the basic unit for CEP reporting.
(2)
Continuing Education Unit (CEU)--Unit of credit customarily
used for continuing education courses. One continuing education unit equals
10 hours of class in an approved continuing education course.
(3)
College/Unit Semester/Quarter Hour--Credit for course in
ABET-approved program or other related college course.
(4)
Course/Activity--Any qualifying course or activity with
a clear purpose and objective which will maintain, improve, or expand the
skills and knowledge relevant to the license holder's field of practice.
(c)
Every license holder is required to obtain 15 PDH units
during the renewal period year.
(d)
A minimum of 1 PDH per renewal period must be in the area
of professional ethics, roles and responsibilities of professional engineering,
or review of the Texas Engineering Practice Act and Board Rules.
(e)
If a license holder exceeds the annual requirement in any
renewal period, a maximum of 15 PDH units may be carried forward into the
subsequent renewal period. Professional Development Hours must not be anticipated
and cannot be used for more than one renewal period.
(f)
PDH units may be earned as follows:
(1)
Successful completion or auditing of college credit courses.
(2)
Successful completion of continuing education courses,
either offered by a professional or trade organization, university or college,
or offered in-house by a corporation, other business entity, professional
or technical societies, associations, agencies, or organizations, or other
group.
(3)
Successful completion of correspondence, on-line, televised,
videotaped, and other short courses/tutorials.
(4)
Presenting or attending seminars, in-house courses, workshops,
or professional or technical presentations made at meetings, conventions,
or conferences sponsored by a corporation, other business entity, professional
or technical societies, associations, agencies, or organizations, or other
group.
(5)
Teaching or instructing as listed in paragraphs (1) through
(4)
of this subsection
[
(6)
Authoring
, editing, or formally reviewing
published
papers, articles, books, or accepted licensing examination items.
(7)
Active participation in professional or technical societies,
associations, agencies, or organizations, including:
(A)
Serving as an elected or appointed official;
(B)
Serving on a committee of the organization;
(C)
Serving in other official positions.
(8)
Patents Issued.
(9)
Engaging in self-directed study.
(g)
All activities described in §137.17(f) of this title
shall be relevant to the practice of a technical profession and may include
technical, ethical, or managerial content.
(h)
The conversion of other units of credit to PDH units is
as follows:
(1)
1 College or unit semester hour--15 PDH
(2)
1 College or unit quarter hour--10 PDH
(3)
1 Continuing Education Unit--10 PDH
(4)
1 Hour of professional development in course work, seminars,
or professional or technical presentations made at meetings, conventions,
or conferences--1 PDH
(5)
1 Hour of professional development through self-directed
study (Not to exceed 5 PDH)--1 PDH
(6)
One hour of authoring, editing, or formally reviewing
[
(7)
Active participation in professional or technical society,
association, agency, or organization (Not to exceed 5 PDH per organization)--1
PDH
(8)
Each patent issued--15 PDH
(9)
Other activities shall be credited at 1 PDH for each hour
of participation in the activity.
(i)
Determination of Credit
(1)
The Board shall be the final authority with respect to
whether a course or activity meets the requirements of these rules.
(2)
The Board shall not pre-approve or endorse any CEP activities.
It is the responsibility of each license holder to assure that all PDH credits
claimed meet CEP requirements.
(3)
Credit for college or community college approved courses
will be based upon course credit established by the college.
(4)
Credit for seminars and workshops will be based on one
PDH unit for each hour of attendance. Attendance at programs presented at
professional and/or technical society meetings will earn PDH units for the
actual time of each program.
(5)
Credit for self-directed study will be based on one PDH
unit for each hour of study and is not to exceed 5 PDH per renewal period.
Credit determination for self-directed study is the responsibility of the
license holder and subject to review as required by the board.
(6)
Credit determination for activities described in subsection
(h)(4) of this section is the responsibility of the license holder and subject
to review as required by the board.
(7)
Credit for activity described in subsection (h)(7) of this
section requires that a license holder serve as an officer of the organization,
actively participate in a committee of the organization, or serve in other
official positions. PDH credits are not earned until the end of each year
of service is completed.
(8)
Teaching credit is valid for teaching a course or seminar
for the first time only.
(j)
The license holder is responsible for maintaining records
to be used to support credits claimed. Records required include, but are not
limited to:
(1)
a log showing the type of activity claimed, sponsoring
organization, location, duration, instructor's or speaker's name, and PDH
credits earned; and
(2)
attendance verification records in the form of completion
certificates or other documents supporting evidence of attendance.
(k)
The license holder must submit certification that CEP requirements
have been satisfied for that renewal year with the renewal application and
fee.
(l)
CEP records for each license holder must be maintained
for a period of three years by the license holder.
(m)
CEP records for each license holder are subject to audit
by the board or its authorized representative.
(1)
Copies must be furnished, if requested, to the Board or
its authorized representative for audit verification purposes.
(2)
If upon auditing a license holder, the Board finds that
the activities cited do not fall within the bounds of educational, technical,
ethical, or professional management activities related to the practice of
engineering; the board may require the license holder to acquire additional
PDH as needed to fulfill the minimum CEP requirements.
(n)
A license holder may be exempt from the professional development
educational requirements for one of the following reasons listed in paragraphs
(1)-(4) of this subsection:
(1)
New license holders by way of examination shall be exempt
for their first renewal period.
(2)
A license holder serving on active duty and deployed outside
the United States, its possessions and territories, in or for the military
service of the United States for a period of time exceeding one hundred twenty
(120) consecutive days in a year shall be exempt from obtaining the professional
development hours required during that year.
(3)
License holders experiencing physical disability, illness,
or other extenuating circumstances as reviewed and approved by the board may
be exempt. Supporting documentation must be furnished to the board.
(4)
License holders who list their status as "Inactive" and
who further certify that they are no longer receiving any remuneration from
providing professional engineering services in Texas shall be exempt from
the professional development hours required.
(o)
A license holder may bring an inactive license to active
status by obtaining all delinquent PDH units. However, if the total number
required to become current exceeds 30 units, then 30 units shall be the maximum
number required.
(p)
Noncompliance:
(1)
If
a
[
(2)
Failure to comply with CEP reporting requirements as listed
in this section is a violation of Board rules and shall be subject to sanctions.
(3)
A determination by audit that CEP requirements have been
falsely reported shall be considered to be misconduct and will subject the
license holder to disciplinary action.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 25, 2005.
TRD-200500875
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: April 10, 2005
For further information, please call: (512) 440-7723
Chapter 461.
GENERAL RULINGS
22 TAC §461.11
The Texas State Board of Examiners of Psychologists proposes
amendments to §461.11, Continuing Education. These amendments are being
proposed in order to clarify continuing education documentation requirements.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rule simpler. 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.
§461.11.Continuing Education.
(a) - (b)
(No change.)
(c)
Permitted activities.
(1) - (3)
(No change.)
(4)
Continuing education hours must have been obtained during
the 12 months prior to the renewal period for which they are submitted. If
the hours were obtained during the license renewal month and are not needed
for compliance for that year, they may be submitted the following year to
meet that year's continuing education requirements.
A continuing education
certificate may not be considered towards fulfilling the continuing education
requirements for more than one renewal year.
(d) - (f)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 18, 2005.
TRD-200500779
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 10, 2005
For further information, please call: (512) 305-7700
22 TAC §465.9
The Texas State Board of Examiners of Psychologists proposes
amendments to §465.9, Competency. These amendments are being proposed
in order to impose on licensees the duty to recognize where conflicts or problems
would prevent the timely completion of services and suggest the appropriate
remedial measures when the interruption occurs.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rule simpler. 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.
§465.9.Competency.
(a) - (i)
(No change.)
(j)
Licensees refrain from initiating
or continuing to undertake an activity when they know or should know that
there is a substantial likelihood that personal problems or conflicts will
prevent them from performing their work- related activities or producing a
psychological end product in a competent and timely manner. When licensees
become aware of such conflicts, they must immediately take appropriate measures,
such as obtaining professional consultation or assistance in order to determine
whether they should limit, suspend, or terminate the engagement in accordance
with Board Rule 465.21.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 18, 2005.
TRD-200500780
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 10, 2005
For further information, please call: (512) 305-7700
22 TAC §465.11
The Texas State Board of Examiners of Psychologists proposes
amendments to §465.11, Informed Consent/Describing Psychological Services
Competency. These amendments are being proposed in order to impose on licensees
the duty to inform clients of interruptions in their services that prevent
timely and competent completion.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rule simpler. 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.
§465.11.Informed Consent/Describing Psychological Services.
(a) - (e)
(No change.)
(f)
At any time that a licensee knows or should know that
he or she may be called on to perform potentially conflicting roles (such
as marital counselor to husband and wife, and then witness for one party in
a divorce proceeding), the licensee explains the potential conflict to all
affected parties and adjusts or withdraws from all professional services in
accordance with Board rules and applicable state and federal law.
Further,
licensees who encounter personal problems or conflicts as described in Rule
465.9(i) that will prevent them from performing their work-related activities
in a competent and timely manner must inform their clients of the personal
problem or conflict and discuss appropriate termination and/or referral to
insure that the services are timely completed.
(g) - (h)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 18, 2005.
TRD-200500781
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 10, 2005
For further information, please call: (512) 305-7700
Chapter 535.
GENERAL PROVISIONS
Subchapter A. GENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE
to do
] so would jeopardize an investigation.
of the complaint
], at least quarterly,
until final disposition of the complaint, unless such notice would jeopardize
an investigation.
Part 6.
TEXAS BOARD OF PROFESSIONAL ENGINEERS
(7)
] Certificate of Registration--The
annual certificate issued by the board to a firm offering or providing professional
engineering services to the public in Texas.
(8)
] Complainant--Any party who
has filed a complaint with the board against a person or entity subject to
the jurisdiction of the board.
(9)
] Contested case--A proceeding,
including but not restricted to rate making and licensing, in which the legal
rights, duties, or privileges of a party are to be determined by an agency
after an opportunity for adjudicative hearing pursuant to the Administrative
Procedure Act, Chapter 2001, Texas Government Code.
(10)
] Direct supervision--Critical
watching, evaluating, and directing of engineering activities with the authority
to review, enforce, and control compliance with all engineering design criteria,
specifications, and procedures as the work progresses. Direct supervision
will consist of an acceptable combination of: exertion of significant control
over the engineering work, regular personal presence, reasonable geographic
proximity to the location of the performance of the work, and an acceptable
employment relationship with the supervised persons. Engineers providing direct
supervision of engineering under the Act, §1001.405(f), shall be personally
present during such work.
(11)
] EAC/ABET--Engineering Accreditation
Commission of the Accreditation Board for Engineering and Technology.
(12)
] EAOR number--An engineering
advisory opinion request file number assigned by the executive director to
a pending advisory opinion in accordance with this chapter.
(13)
] Engineering--The profession
in which a knowledge of the mathematical, physical, engineering, and natural
sciences gained by education, experience, and practice is applied with judgment
to develop ways to utilize, economically, the materials and forces of nature
for the benefit of mankind.
(14)
] Firm--Any entity that engages
or offers to engage in the practice of professional engineering in this state.
This includes sole proprietorships, firms, co-partnerships, corporations,
partnerships, or joint stock associations.
(15)
] Good Standing--(License
or Registration)--A license or registration that is current, eligible for
renewal, and has no outstanding fees or payments.
(16)
] Gross negligence--Any willful
or knowing conduct, or pattern of conduct, which includes but is not limited
to conduct that demonstrates a disregard or indifference to the rights, health,
safety, welfare, and property of the public or clients. Gross negligence may
result in financial loss, injury or damage to life or property, but such results
need not occur for the establishment of such conduct.
(17)
] Incompetence--An act or
omission of malpractice which may include but is not limited to recklessness
or excessive errors, omissions or failures in the license holder's record
of professional practice; or an act or omission in connection with a disability
which includes but is not limited to mental or physical disability or addiction
to alcohol or drugs as to endanger health, safety and interest of the public
by impairing skill and care in the provision of professional services.
(18)
] License--The legal authority
granting the holder to actively practice engineering upon the payment of the
annual renewal fee. Also, a certificate issued by the board showing such authority.
(19)
] License Holder--Any person
whose license to practice engineering is current.
(20)
] Licensure--The granting
of an original certificate and license to an individual.
(21)
] Misconduct--The violation
of any provision of the Texas Engineering Practice Act and board rules. A
conviction of a felony or misdemeanor that falls under the provisions of Texas
Occupations Code, Chapter 53, will also be misconduct under the Texas Engineering
Practice Act.
(22)
] NAFTA--North American Free
Trade Agreement. NAFTA is related to the practice and licensure of engineering
through mutual recognition of registered/licensed engineers by jurisdictions
of Canada, Texas, and the United Mexican States.
(23)
] NCEES--National Council
of Examiners for Engineering and Surveying.
(24)
] Party--Each person or agency
named or admitted as a party to a proceeding under the Administrative Procedure
Act.
(25)
] Person--Any individual,
firm, partnership, corporation, association, governmental subdivision, or
public or private organization of any character other than an agency.
(26)
] Petitioner--Any party requesting
the adoption of a rule by the Board.
(27)
] Pleading--Written allegations
filed by parties concerning their respective claims.
(28)
] Professional engineering--Professional
service which may include consultation, investigation, evaluation, planning,
designing, or direct supervision of construction, in connection with any public
or private utilities, structures, buildings, machines, equipment, processes,
works, or projects wherein the public welfare, or the safeguarding of life,
health, and property is concerned or involved, when such professional service
requires the application of engineering principles and the interpretation
of engineering data.
(29)
] Professional engineering
services--Services which must be performed by or under the direct supervision
of a licensed engineer and which meet the definition of the practice of engineering
as defined in the Act, §1001.003. A service shall be conclusively considered
a professional engineering service if it is delineated in that section; other
services requiring a professional engineer by contract, or services where
the adequate performance of that service requires an engineering education,
training, or experience in the application of special knowledge or judgment
of the mathematical, physical or engineering sciences to that service shall
also be conclusively considered a professional engineering service.
(30)
] Protestant--Any party opposing
an application or petition filed with the Board.
(31)
] Recognized institution of
higher education--An institution of higher education as defined in §61.003,
Education Code; or in the United States, an institution recognized by one
of the six regional accrediting associations, specifically, the New England
Association of Schools and Colleges, the North Central Association Commission
on Accreditation and School Improvement, the Northwest Association of Schools
and Colleges, the Southern Association of Colleges and Schools, the Western
Association of Schools and Colleges, or the Middle States Association of Colleges &
Schools; or, outside the United States, an institution recognized by the Ministry
of Education or the officially recognized government education agency of that
country.
(32)
] Respondent--Any party against
whom any complaint has been filed with the Board.
(33)
] Responsible charge--An earlier
term synonymous with the term "direct supervision"; the term is still valid
and may be used interchangeably with "direct supervision" when necessary.
(34)
] Responsible supervision--An
earlier term synonymous with the term "direct supervision;" the term is still
valid and may be used interchangeably with "direct supervision" when necessary.
(35)
] TAC/ABET--Technology Accreditation
Commission of the Accreditation Board for Engineering and Technology.
Chapter 137.
COMPLIANCE AND PROFESSIONALISM
above
].
Each
] published
papers, articles
[
paper,
article
], or
books
[
book
]--
1
[
10
] PDH
an
] license holder does not
certify that CEP requirements have been met for a renewal period, the license
shall be considered expired and subject to late fees and penalties.
Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
Chapter 465.
RULES OF PRACTICE
Part 23.
TEXAS REAL ESTATE COMMISSION