Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
Chapter 461.
GENERAL RULINGS
22 TAC §461.11
The Texas State Board of Examiners of Psychologists adopts
amendments to §461.11 concerning Continuing Education without changes
to the proposed text as published in the March 11, 2005, issue of the
The amendments are being adopted in order to clarify continuing education
documentation requirements.
The adopted amendments will make the rule easier for the licensees and
public to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 16, 2005.
TRD-200501947
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2005
Proposal publication date: March 11, 2005
For further information, please call: (512) 305-7700
22 TAC §465.9
The Texas State Board of Examiners of Psychologists adopts
amendments to §465.9 concerning Competency without changes to the proposed
text as published in the March 11, 2005, issue of the
Texas Register
(30 TexReg 1399).
The amendments are being adopted in order to impose on licensees the duty
to recognize where conflicts or problems would prevent the timely completion
of services and suggests the appropriate remedial measures when the interruption
occurs.
The adopted amendments will make the rule easier for the licensees and
public to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 16, 2005.
TRD-200501948
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2005
Proposal publication date: March 11, 2005
For further information, please call: (512) 305-7700
22 TAC §465.11
The Texas State Board of Examiners of Psychologists adopts
amendments to §465.11 concerning Informed Consent/Describing Psychological
Services with changes to the proposed text as published in the March 11, 2005,
issue of the
Texas Register
(30 TexReg 1400).
The amendments are being adopted in order to impose on licensees the duty
to inform clients of interruptions in their services that prevent timely and
competent completion.
The adopted amendments will make the rule easier for the licensees and
public to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted 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.
§465.11.Informed Consent/Describing Psychological Services.
(a)
Licensees obtain and document in writing informed consent
concerning all services they intend to provide to the patient, client or other
recipient(s) of the psychological services prior to initiating the services,
using language that is reasonably understandable to the recipients unless
consent is precluded by applicable federal or state law.
(b)
Licensees provide appropriate information as needed during
the course of the services about changes in the nature of the services to
the patient client or other recipient(s) of the services using language that
is reasonably understandable to the recipient to ensure informed consent.
(c)
Licensees provide appropriate information as needed, during
the course of the services to the patient client and other recipient(s) and
afterward if requested, to explain the results and conclusions reached concerning
the services using language that is reasonably understandable to the recipient(s).
(d)
When a licensee agrees to provide services to a person,
group or organization at the request of a third party, the licensee clarifies
to all of the parties the nature of the relationship between the licensee
and each party at the outset of the service and at any time during the services
that the circumstances change. This clarification includes the role of the
licensee with each party, the probable uses of the services and the results
of the services, and all potential limits to the confidentiality between the
recipient(s) of the services and the licensee.
(e)
When a licensee agrees to provide services to several persons
who have a relationship, such as spouses, couples, parents and children, or
in group therapy, the licensee clarifies at the outset the professional relationship
between the licensee and each of the individuals involved, including the probable
use of the services and information obtained, confidentiality, expectations
of each participant, and the access of each participant to records generated
in the course of the services.
(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 completed in a timely manner.
(g)
When persons are legally incapable of giving informed consent,
licensees obtain informed consent from any individual legally designated to
provide substitute consent.
(h)
When informed consent is precluded by law, the licensee
describes the nature and purpose of all services, as well as the confidentiality
of the services and all applicable limits thereto, that he or she intends
to provide to the patient, client, or other recipient(s) of the psychological
services prior to initiating the services using language that is reasonably
understandable to the recipient(s).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 16, 2005.
TRD-200501949
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2005
Proposal publication date: March 11, 2005
For further information, please call: (512) 305-7700
Chapter 501.
RULES OF PROFESSIONAL CONDUCT
Subchapter E. RESPONSIBILITIES TO THE BOARD/PROFESSION
22 TAC §501.93
The Texas State Board of Public Accountancy adopts an amendment
to §501.93, concerning Responses without changes to the proposed text
as published in the April 8, 2005, issue of the
Texas Register
(30 TexReg 2019). The text of the rule will not be republished.
The amendment to §501.93 deletes subsection (e) regarding the location
where a party to a contested case may be deposed and adds a new subsection
(e) that contains an interpretive comment.
The amendment will function by providing clarification of the rule by removal
of a subsection that is not relevant and the addition of an interpretive comment.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"),
Texas Occupations Code, §901.151 which provides the agency with the authority
to amend, adopt and repeal rules deemed necessary or advisable to effectuate
the Act.
No other article, statute or code is affected by the adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 12, 2005.
TRD-200501924
Rande Herrell
General Counsel
Texas State Board of Public Accountancy
Effective date: June 1, 2005
Proposal publication date: April 8, 2005
For further information, please call: (512) 305-7848
22 TAC §505.1
The Texas State Board of Public Accountancy adopts an amendment
to §505.1, concerning Board Seal and Headquarters without changes to
the proposed text as published in the April 8, 2005, issue of the
Texas Register
(30 TexReg 2020). The text of the rule will not be republished.
The amendment to §505.1 will describe and illustrate the official
seal of the Texas State Board of Public Accountancy.
The amendment will function by clarifying what elements compose the State
Board of Public Accountancy's seal.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"),
Texas Occupations Code, §901.151 which provides the agency with the authority
to amend, adopt and repeal rules deemed necessary or advisable to effectuate
the Act.
No other article, statute or code is affected by the adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 12, 2005.
TRD-200501925
Rande Herrell
General Counsel
Texas State Board of Public Accountancy
Effective date: June 1, 2005
Proposal publication date: April 8, 2005
For further information, please call: (512) 305-7848
Subchapter A. GENERAL PROVISIONS
Chapter 465.
RULES OF PRACTICE
Part 22.
TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY
Chapter 505.
THE BOARD
Chapter 519.
PRACTICE AND PROCEDURE