PART 30. TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS
CHAPTER 681. PROFESSIONAL COUNSELORS
The Texas State Board of Examiners of Professional Counselors (board) proposes amendments to §§681.45, 681.49, 681.72, 681.91, and 681.93, concerning the licensing and regulation of professional counselors.
BACKGROUND AND PURPOSE
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 681.45, 681.49, 681.72, 681.91, and 681.93 have been reviewed and the board has determined that the reasons for adopting the sections continue to exist in that rules concerning the licensing and regulation of professional counselors are still needed.
The proposed amendments are the result of the comprehensive rule review by the board and will ensure that the rules reflect current legal, policy, and operational considerations; improve draftsmanship; and make the rules more accessible, understandable, and usable, to the extent possible.
SECTION-BY-SECTION SUMMARY
Section 681.45(e) is added to require the licensee to report any arrests, convictions, or disciplinary actions within 30 days to the board.
Section 681.49(i) is amended to allow a licensed professional counselor who carries the supervisor status to use the designation "LPC-S."
Section 681.72(d) is amended to require a current copy of the supervisor's license to be attached to the supervisory agreement form.
Section 681.91(e) is amended to change the length of time a temporary license is issued.
Section 681.91(f) describes what happens if the required supervised experience hours needed for licensure are not met within the time period of a temporary license.
Section 681.93(c) is amended to change the supervisor renewal from one year to two years.
Section 681.93(f) is amended to allow for the board to decide if supervisory hours can count if the supervisor's status has been denied, revoked, or suspended.
Section 681.93(k) is added to require the supervisor to refund all monies paid by the intern if the supervisor status expires during the supervision and is not renewed.
Section 681.93(l) is added to allow for disciplinary action to be taken against the supervisor for allowing the supervisor status to expire.
FISCAL NOTE
Bobbe Alexander, Executive Director, has determined that for each year of the first five years the sections are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the sections as proposed. There will be no decrease in general revenue each year of the first five years the sections are in effect.
SMALL AND MICRO-BUSINESS ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS
Ms. Alexander has also determined that there will be no economic costs to small businesses or micro-businesses. This was determined by interpretation of the rules that these entities will not be required to alter their business practices to comply with the sections as proposed, and an economic impact statement and regulatory flexibility analysis are not required. The rules relate to individuals who are licensed as professional counselors, and there are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no anticipated negative impact on local employment.
PUBLIC BENEFIT
Ms. Alexander has also determined that for each year of the first five years the sections are in effect, the public will benefit from adoption of the sections. The public benefit anticipated as a result of enforcing or administering the sections is to effectively regulate the practice of counseling in Texas, which will protect and promote public health, safety, and welfare, and to ensure that statutory directives are carried out.
REGULATORY ANALYSIS
The board has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
TAKINGS IMPACT ASSESSMENT
The board has determined that the proposed amendments do not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, do not constitute a taking under Government Code, §2007.043.
PUBLIC COMMENT
Comments on the proposal may be submitted to Bobbe Alexander, Executive Director, State Board of Examiners of Professional Counselors, Department of State Health Services, Mail Code 1982, P.O. Box 149347, Austin, Texas 78714-9347 or by email to lpc@dshs.state.tx.us. When emailing comments, please indicate "Comments on Proposed Rules" in the email subject line. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
SUBCHAPTER C. CODE OF ETHICS
STATUTORY AUTHORITY
The amendments are authorized by Occupations Code, §503.203, which authorizes the board to adopt rules necessary for the performance of the board's duties. The review of the rules implements Government Code, §2001.039.
The amendments affect Occupations Code, Chapter 503.
§681.45.Confidentiality and Required Reporting.
(a) - (d) (No change.)
(e) A licensee shall make written reports to the board office within 30 days of the following:
(1) an arrest of the licensee, other than for a Class C misdemeanor traffic offense;
(2) the filing of a criminal case against the licensee;
(3) a criminal conviction of the licensee other than for a Class C misdemeanor traffic offense; or
(4) the filing of a disciplinary action or the taking of a disciplinary action against the licensee by another state licensing board, either in Texas or another state, or by a professional organization.
(f) Failure to make a report as required by subsection (a) of this section is grounds for disciplinary action by the board.
§681.49.Advertising and Announcements.
(a) - (h) (No change.)
(i) A licensed professional counselor who is a board-approved supervisor may use the designation "LPC-S" when advertising their supervisory status.
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 May 21, 2009.
TRD-200901995
Glynda Corley
Chair
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: July 5, 2009
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The amendment is authorized by Occupations Code, §503.203, which authorizes the board to adopt rules necessary for the performance of the board's duties. The review of the rules implements Government Code, §2001.039.
The amendment affects Occupations Code, Chapter 503.
§681.72.Required Application Materials.
(a) - (c) (No change.)
(d) The supervisory agreement form must be completed, signed and dated by both the supervisor and the applicant. A current copy of the supervisor's license shall be attached to the agreement form. A supervisory agreement form must be submitted for subsequent supervisors and settings, before the supervision begins under the new supervisor or in the new setting. Supervised hours earned without an approved supervisor agreement on file with the board may not be counted toward licensure.
(e) - (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 May 21, 2009.
TRD-200901996
Glynda Corley
Chair
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: July 5, 2009
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The amendments are authorized by Occupations Code, §503.203, which authorizes the board to adopt rules necessary for the performance of the board's duties. The review of the rules implements Government Code, §2001.039.
The amendments affect Occupations Code, Chapter 503.
§681.91.Temporary License.
(a) - (d) (No change.)
(e) A temporary license will expire 60 months from the date of issuance.
(f) An intern who does not complete the required supervised experience hours during the 60-month time period must reapply for licensure. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license, including examination requirements.
[(e) An initial temporary
license will expire 36 months from the date of issuance.]
[(f) An LPC Intern who
does not complete the supervised experience during the 36 months may
submit a written request for an extension from the board. The LPC
Intern must submit proof of successfully completing the Texas Jurisprudence
Exam as a condition for renewal.]
(g) - (k) (No change.)
§681.93.Supervisor Requirements.
(a) - (b) (No change.)
(c) A supervisor under this section must have met the following requirements.
(1) A licensee seeking approval to be a supervisor must meet the requirements of subsection (a) of this section, successfully complete 40 clock-hours of training in the supervision of professional counseling or mental health services as set forth below; and shall submit a $100 processing fee. The initial supervisor approval will expire on the day the licensee's regular license next expires. Renewal of supervisor approval will begin and expire on the same dates as for the regular license. A renewal application must be filed with the board, accompanied by a $100 processing fee. The 40 clock-hours of training shall be met through the following:
[(1) The supervisor shall meet the
requirements stated in subsection (a) of this section, shall submit
a supervisor approval application form accompanied by a $50 supervisor
approval processing fee, shall annually submit a renewal supervisor
approval application form accompanied by a $50 supervisor approval
processing fee, and must successfully complete 40 clock-hours of training
in the supervision of professional counseling or mental health services
through one or a combination of the following:]
(A) a graduate course in counselor supervision taken for credit at an accredited college or university; or
(B) continuing education programs meeting the requirements of §681.142 of this title (relating to Types of Acceptable Continuing Education).
(2) - (3) (No change.)
(d) - (e) (No change.)
(f) A supervisor whose license expires or is revoked
or suspended is no longer an approved supervisor and hours accumulated
under that person's supervision after expiration, revocation or suspension
may [will] not count as acceptable hours unless
approved by the board.
(g) - (j) (No change.)
(k) A supervisor whose supervisory status has expired shall refund all supervisory fees received after the expiration of the supervisory status to the intern(s) who paid the fees.
(l) Supervision of an intern without being approved as a supervisor or after expiration of the supervisor status may be grounds for 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 May 21, 2009.
TRD-200901997
Glynda Corley
Chair
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: July 5, 2009
For further information, please call: (512) 458-7111 x6972