Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 7. BANKING AND SECURITIES Part I. State Finance Commission Chapter 4. Currency Exchange Subchapter B. General 7 TAC sec.4.02 The Finance Commission of Texas adopts new sec.4.02, without changes to the proposed text as published in the January 7, 1992, issue of the Texas Register (17 TexReg 90). The banking commissioner is charged with the duty of administering and enforcing the Currency Exchange Act. The commissioner, at all times, needs to know who each licensee's owners and principal employees are, in order to ensure continued compliance with the provisions of the Act. This will allow the commissioner to discharge his duty to keep disreputable elements out of these industries. The rule concerns the addition of a new principal (as defined in the Currency Exchange Act, sec.1) by a currency exchange or transmission business licensed under the Currency Exchange Act. This new section requires that licensees notify the commissioner of the addition of a new principal and submit the necessary application information relating to that principal. No comments were received regarding adoption of the new section. The new section is proposed under Texas Civil Statutes, Article 350, sec.7, which empower the Finance Commission of Texas to promulgate general rules necessary to implement the provisions of the Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on April 13, 1992. TRD-9205076 Ann Graham General Counsel Department of Banking Effective date: May 4, 1992 Proposal publication date: January 7, 1992 For further information, please call: (512) 475-1300 7 TAC sec.4.03 The Finance Commission of Texas adopts new sec.4.03, with changes to the proposed text as published in the January 7, 1992, issue of the Texas Register (17 TexReg 90). The Currency Exchange Act requires that licensees comply with applicable federal laws and regulations. These businesses must maintain certain basic business records with respect to the regulated activities in accordance with Title 31 of the United States Code and Title 31 of the Code of Federal Regulations. The rule requires that each licensee maintain separate records for Texas operations and make those records accessible to the Department of Banking, which will allow the department to perform the exam required by the Act. Licensees will be required to submit quarterly reports of their activities to the commissioner, which allows the department to monitor licensees off-site, between examinations. Statistical data generated from the quarterly reports can be used by the department, lawmakers, and federal and state law enforcement authorities. This new section requires that licensees maintain records required under federal law, make them accessible to the Department of Banking, and file quarterly reports with the Department of Banking on forms to be prescribed by the commissioner. No comments were received regarding adoption of the new section. The new section is proposed under Texas Civil Statutes, Article 350, sec.7, which empower the Finance Commission of Texas to promulgate general rules necessary to implement the provisions of the Act, including rules with respect to recordkeeping and reporting by licensees. sec.4.03. Reporting and Recordkeeping. (a) Licensees shall maintain separate accounting books and records in Texas relating to their operations. All books and records maintained by licensees in accordance with this section shall be located where they are readily accessible to the Department of Banking. (b) Licensees shall maintain records of any filings made pursuant to or documentation required under any applicable federal law or regulation, including, but not limited to, the requirements set forth in Title 31 United States Code, sec.5313, and Title 31 Code of Federal Regulation, Part 103. (c) Each licensee shall, in a form prescribed by the Banking Commissioner, file quarterly written reports to the Department of Banking. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on April 13, 1992. TRD-9205077 Ann Graham General Counsel Department of Banking Effective date: May 4, 1992 Proposal publication date: January 7, 1992 For further information, please call: (512) 475-1300 7 TAC sec.4.04 The Finance Commission of Texas adopts new sec.4.04, with changes to the proposed text as published in the January 7, 1992, issue of the Texas Register (17 TexReg 90). The banking commissioner is charged with the duty of administering and enforcing the Currency Exchange Act. The commissioner, at all times, needs to know where licensees are conducting business, in order to ensure continued compliance with the provisions of the Act and allow the department to monitor their activities and examine their business operations. This rule requires that the department be given advance notification of a change in the business location of a licensee. The purpose of the rule is to allow the department to keep a current record of where each licensee is conducting business. The rule also requires that the licensee identify the landlord or owner of the new location. No comments were received regarding adoption of the new section. The new section is proposed under Texas Civil Statutes, Article 350, sec.7, which empower the Finance Commission of Texas to promulgate general rules necessary to implement the provisions of the Act. sec.4.04. Change of Location. Each licensee shall give the banking commissioner 30 days' prior, written notification of any change in any location from which it conducts any of its currency exchange or transmission activities, including the identify of the new location, the name of the lessor or owner of the new location, and the estimated date of the change. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on April 13, 1992. TRD-9205078 Ann Graham General Counsel Department of Banking Effective date: May 4, 1992 Proposal publication date: January 7, 1992 For further information, please call: (512) 475-1300 Subchapter A. General 7 TAC sec.4.05 The Finance Commission of Texas, Banking Section, adopts new sec.4.05, with changes to the proposed text as published in the January 7, 1992, issue of the Texas Register (17 TexReg 91). This rule requires that persons who propose to acquire control of the voting securities of a corporate licensee file an application with the commissioner for his review and approval. The focus of the rule is to allow the commissioner to perform the necessary background investigation before a new person becomes a substantial owner of the business. A license issued under the Act is not transferable or assignable. However, a corporation, unlike other entities, continues in existence regardless of how often its stock is bought or sold. Without this rule, control of a license could effectively be transferred from one party to another without the commissioner's knowledge. The new section requires that an application for acquisition of control of a corporate licensee be filed, in advance, with the commissioner. The new section would also provide the processing time for the application and allow for a hearing in the event the application is denied. No comments were received regarding adoption of the new section. The new section is proposed under Texas Civil Statutes, Article 350, sec.7, which empower the Finance Commission of Texas to promulgate general rules necessary to implement the provisions of the Act. sec.4.05. Acquisition of Control of Corporate Licensee. (a) No person may acquire control of a corporate licensee if, after acquisition, the person would own or possess the power to vote 10% or more of the voting securities of the licensee, directly or indirectly, unless an application is filed with the banking commissioner for his review of the proposed transaction and for his action, if any, as provided in this section. (b) The application shall be on a form prescribed by the banking commissioner and shall be made under oath. The application shall, except to the extent expressly waived by the banking commissioner, contain the following information: (1) the identity, personal history, business background, and experience relating to the currency exchange or transmission business, and a description of any material, pending legal or administrative proceedings to which the applicant is a party; (2) any plans or proposals which any acquiring party making the acquisition may have to make major changes in its business or corporate structure or management; and (3) such other information that the commissioner orders to be included in the particular application being filed. (c) The applicant shall pay the appropriate filing fee when he files the application. A person proposing to acquire voting securities subject to the provisions of this section includes an individual, two or more individuals acting in concert, any type of partnership, corporation, syndicate, trust, or any other organization, or any combination of the foregoing, and the information required by the banking commissioner may be required of each member of the group, as directed by the banking commissioner. (d) The banking commissioner shall issue an order denying an application if he finds that the application does not meet the statutory requirements of the Currency Exchange Act. (e) If an application filed under this section is not denied by the banking commissioner within 30 days after it is filed, the transaction may be consummated. The banking commissioner, before the expiration of the 30-day period, may give the applicant written notice that the application will not be denied, in which case the transaction may be consummated. Any agreement entered into by the applicants and the banking commissioner as a condition that the application will not be denied is enforceable against the licensee and will be considered an agreement under the provisions of the Currency Exchange Act for all purposes. (f) If the banking commissioner issues an order denying an application, the applicant is entitled to a hearing if he so requests, in writing, no later than 30 days after the application is filed or the 20th day after the day the application is denied. Any such hearing shall be conducted in accordance with the Currency Exchange Act, sec.21. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on April 13, 1992. TRD-9205079 Ann Graham General Counsel Department of Banking Effective date: May 4, 1992 Proposal publication date: January 7, 1992 For further information, please call: (512) 475-1300 TITLE 22. EXAMINING BOARDS Part I. Texas Board of Architectural Examiners Chapter 5. Interior Designers Subchapter A. Scope; Definitions 22 TAC sec.sec.5.1-5.18 The Texas Board of Architectural Examiners adopts new sec. sec.5.1-5.18, without changes to the proposed text as published in the December 20, 1991, issue of the Texas Register (16 TexReg 7429). The new sections are concerning the scope and definitions of the rules and explain their purpose and legal authority. The definitions for the terms used in the rules are stated as well as the duties of the officers and board members. The sections will function to clarify the rules and assure that the composition of the board is in compliance with state law. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 249e, which provide the Texas Board of Architectural Examiners with the authority to promulgate rules. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1992. TRD-9205113 Robert H. Norris, AIA Executive Director Texas Board of Architectural Examiners Effective date: May 4, 1992 Proposal publication date: December 20, 1991 For further information, please call: (512) 458-1363 Subchapter B. Registration 22 TAC sec.sec.5.31-5.39 The Texas Board of Architectural Examiners adopts new sec. sec.5.31-5.39. Section 5.31 and sec.5.38 are adopted with changes to the proposed text as published in the December 20, 1991, issue of the Texas Register (16 TexReg 7429). Sections 5.32-5.37 and 5.39 are adopted without changes and will not be republished. The requirements and procedures for registration are explained in these new sections. Section 5.31 was changed to correct an oversight in subsection (c) in that it would properly eliminate the Table of Equivalents from consideration regarding subsection (a). The change in sec.5.38 added language in order to clarify subsection (c). The effect of these new sections will be to bring the registration and regulation of interior designers in compliance with the new state law. Comments were received requesting that the board change the eligibility requirement for registration, sec.5.31(b)(1), to give other interior design degrees the same credit evaluation as those from a FIDER accredited program, which accreditation is accepted as the professional standard of institutions of higher learning. The names of groups and assocations making comments against the section are as follows: The Art Institute of Dallas; and The Art Institute of Houston. The board disagreed with these comments and acted to keep the eligibility language in place in order to work toward upgrading the qualifications of the profession in keeping with board philosophy and also that of the strategic plan of the State of Texas. The new sections are adopted under Texas Civil Statutes, Article 249e, which provide the Texas Board of Architectural Examiners with the authority to promulgate rules. sec.5.31. Eligibility. (a) The board shall accept for interior designer registration without examination: (1) an applicant who files an application with this board no later than August 31, 1992, and who prior to September 1, 1991, had six or more years total experience credits as a full-time: (A) principal in an organization which offers or performs interior design services; (B) employee with interior design responsibilities in organizations which offer or perform interior design services; (C) teacher of interior design courses in a FIDER accredited program(s); or (D) principal, employee, and/or teacher as described in subparagraphs (A), (B), and/or (C) of this paragraph or any combination thereof; (2) an applicant who files an application with this board no later than August 31, 1992, and who, prior to August 31, 1991, had been: (A) a principal in an organization(s) which offered or performed interior design services; (B) an employee with interior design responsibilities in an organization(s) which was offering or performing interior design services; (C) a teacher of interior design courses in a FIDER accredited program(s); and (D) who subsequently completes a combined total of six or more years credits in subparagraphs (A), (B) , or (C) of this paragraph. (b) The board shall accept for interior designer registration by examination an applicant who files an application showing evidence of having: (1) a degree in interior design from a FIDER accredited program; and, one or more years of experience credit in interior design; or (2) a combined total of six or more years of interior design education and/or experience credits including at least one year of each. (c) Education and experience credits in subsection (b) of this section shall be evaluated in accordance with the latest edition of the "Table of Equivalents." sec.5.38. Reciprocal Transfer. (a) Individuals holding certificates of registration in other states, nations, or territories applying for registration in Texas by reciprocal transfer, shall be considered upon transmittal of their written application on a form provided by the board. Acceptance of the information submitted will be subject to confirmation by the applicant's state from which he or she is applying. (b) Criteria for reciprocal registration as described in subsection (a) of this section includes: (1) certification by state boards in which candidate holds current registration that the applicant is in good standing with the jurisdiction that granted the applicant a license or registration; (2) the requirements for licensing or registration in the other jurisdiction are substantially equivalent to those of this state. (c) Application fees for registration in Texas, as stated in Subchapter E of this chapter (relating to Fees), must be submitted with the NCIDQ certification record and/or application. (d) Approval of applications for registration by reciprocal transfer will be by letter confirming the board action. The fee for registration, after approval of application, as stated in Subchapter E of this chapter (relating to Fees), must be remitted within 60 days after notification of the approval. (e) Rejections of applications for registration by reciprocal transfer will be by letter explaining the reasons and outlining procedures under which reconsideration may be possible. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1992. TRD-9205117 Robert H. Norris, AIA Executive Director Texas Board of Architectural Examiners Effective date: May 4, 1992 Proposal publication date: December 20, 1991 For further information, please call: (512) 458-1363 Subchapter C. Examinations 22 TAC sec.sec.5.51-5.60 The Texas Board of Architectural Examiners adopts new sec. sec.5.51-5.60, without changes to the proposed text as published in the December 20, 1991, issue of the Texas Register (16 TexReg 7429). The new sections explain the requirements and procedures for examinations. The anticipated result of these new sections will be the assurance of a standard of competence of registered interior designers. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 249e, which provide the Texas Board of Architectural Examiners with the authority to promulgate rules. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1992. TRD-9205118 Robert H. Norris, AIA Executive Director Texas Board of Architectural Examiners Effective date: May 4, 1992 Proposal publication date: December 20, 1991 For further information, please call: (512) 458-1363 Subchapter D. Certification and Annual Registration 22 TAC sec.sec.5.71-5.80 The Texas Board of Architectural Examiners adopts new sec. sec.5.71-5.80, without changes to the proposed text as published in the December 20, 1991, issue of the Texas Register (16 TexReg 7430). The new sections are needed to explain the requirements and procedures regarding certification and annual registration. The function of these new sections will be to serve as a procedural explanation of the certification and annual registration of interior designers. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 249e, which provide the Texas Board of Architectural Examiners with the authority to promulgate rules. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1992. TRD-9205119 Robert H. Norris, AIA Executive Director Texas Board of Architectural Examiners Effective date: May 4, 1992 Proposal publication date: December 20, 1991 For further information, please call: (512) 458-1363 Subchapter E. Fees 22 TAC sec.sec.5.91-5.99 The Texas Board of Architectural Examiners adopts new sec. sec.5.91-5.99. Section 5.97 is adopted with changes to the proposed text as published in the December 20, 1991, issue of the Texas Register (16 TexReg 7430). Sections 5.91- 5.96, 5.98, and 5.99 are adopted without changes and will not be republished. The new sections describe the fees and related procedures regarding registration of interior designers. Section 5.97 was changed to correct an oversight; language was added to include the $25 application fee for reciprocal applicants. This fee did appear in the chart submitted and published for the proposed preamble public benefit-cost note. The function of these sections is to recover the cost of registration services from those who apply for registration. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 249e, which provide the Texas Board of Architectural Examiners with the authority to promulgate rules. sec.5.97. Reciprocal Transfer Fee. Applicants requesting registration in Texas by reciprocity from other states must remit an application fee in the amount of $25. This fee is not refundable. If the application is approved, a certificate of registration will be issued upon receipt of an initial registration fee in the amount of $100. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1992. TRD-9205120 Robert H. Norris, AIA Executive Director Texas Board of Architectural Examiners Effective date: May 4, 1992 Proposal publication date: December 20, 1991 For further information, please call: (512) 458-1363 Subchapter F. The Interior Designer's Seal 22 TAC sec.sec.5.111-5.114 The Texas Board of Architectural Examiners adopts new sec. sec.5.111-5.114, without changes to the proposed text as published in the December 20, 1991, issue of the Texas Register (16 TexReg 7431). The requirements and procedures regarding the design and use of the interior designer seal are set forth in these new sections. The purpose of these new sections is to establish procedures for identifying professional documents prepared under the supervision of an interior designer. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 249e, which provide the Texas Board of Architectural Examiners with the authority to promulgate rules. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1992. TRD-9205121 Robert H. Norris, AIA Executive Director Texas Board of Architectural Examiners Effective date: May 4, 1992 Proposal publication date: December 20, 1991 For further information, please call: (512) 458-1363 Subchapter G. Titles and Firm Names 22 TAC sec.sec.5.131, 5.132 The Texas Board of Architectural Examiners adopts new sec. sec.5.131 and 5.132, without changes to the proposed text as published in the December 20, 1991, issue of the Texas Register (16 TexReg 7432). The new sections proclaim the legal use of professional title and the performance of professional services. The function of these new sections is to clarify the conditions under which interior design services may be offered or performed. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 249e, which provide the Texas Board of Architectural Examiners with the authority to promulgate rules. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1992. TRD-9205122 Robert H. Norris, AIA Executive Director Texas Board of Architectural Examiners Effective date: May 4, 1992 Proposal publication date: December 20, 1991 For further information, please call: (512) 458-1363 Subchapter H. Rules of Conduct 22 TAC sec.sec.5.151-5.153, 5.155, 5.156 The Texas Board of Architectural Examiners adopts new sec. sec.5.151-5.153, 5. 155, and 5.156, without changes to the proposed text as published in the December 20, 1991, issue of the Texas Register (16 TexReg 7432). The new sections provide guidelines for the performance of professional services by interior designers. The effect of these new sections will be to promote a clearer understanding of standards of professional performance regulated by the board and the procedures followed when investigating a complaint of alleged violation of those standards by an interior designer. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 249e, which provide the Texas Board of Architectural Examiners with the authority to promulgate rules. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1992. TRD-9205123 Robert H. Norris, AIA Executive Director Texas Board of Architectural Examiners Effective date: May 4, 1992 Proposal publication date: December 20, 1991 For further information, please call: (512) 458-1363 Subchapter I. Charges Against Interior Designers: Action 22 TAC sec.sec.5.171-5.187 The Texas Board of Architectural Examiners adopts new sec. sec.5.171-5.187, without changes to the proposed text as published in the December 20, 1991, issue of the Texas Register (16 TexReg 7432). The new sections define complaints and the procedures to implement enforcement of the law. The new sections will function to provide a clearer understanding of the disciplinary actions available to the board and the procedures to be followed when determining whether disciplinary action is warranted. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 249e, which provide the Texas Board of Architectural Examiners with the authority to promulgate rules. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1992. TRD-9205126 Robert H. Norris, AIA Executive Director Texas Board of Architectural Examiners Effective date: May 4, 1992 Proposal publication date: December 20, 1991 For further information, please call: (512) 458-1363 Subchapter J. Violations by Unregistered Persons 22 TAC sec.sec.5.201-5.205 The Texas Board of Architectural Examiners adopts new sec. sec.5.201-5.205, without changes to the proposed text as published in the December 20, 1991, issue of the Texas Register (16 TexReg 7433). The new sections describe the authority and procedures of the board to enforce alleged violations of the interior designer registration law by unregistered persons. The new sections will function to provide a clearer understanding of the scope of authority and procedures to be followed by the board when enforcing complaints of alleged violations of the interior designer registration law by unregistered persons. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 249e, which provide the Texas Board of Architectural Examiners with the authority to promulgate rules. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 10, 1992. TRD-9205127 Robert H. Norris, AIA Executive Director Texas Board of Architectural Examiners Effective date: May 4, 1992 Proposal publication date: December 20, 1991 For further information, please call: (512) 458-1363 Part XXI. Texas State Board of Examiners of Psychologists Chapter 465. Rules of Practice 22 TAC sec.465.2 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.465.2, concerning release of patient or client information, without changes to the proposed text as published in the March 13, 1992, issue of the Texas Register (17 TexReg 1872). The amendment will update board requirements concerning the release of patient or client information so that the rule reflects current requirements of the law. The 72nd Legislature repealed relevant law sections and transferred requirements to other code sections. The amendment will clarify to psychologists and the public that the board requires psychologist to comply with all state and federal laws requiring the psychologists to reveal patient/client information. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4512c, which provide 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 rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205205 Patricia S. Bizzell Tweedy Executive Director Texas State Board of Psychologists Effective date: May 5, 1992 Proposal publication date: March 13, 1992 For further information, please call: (512) 835-2036 22 TAC sec.465.30 The Texas State Board of Examiners of Psychologists adopts new sec.465.30, concerning marriage and family therapy, without changes to the proposed text as published in the March 13, 1992, issue of the Texas Register (17 TexReg 1872). Psychologists receive training in their doctoral programs to perform marriage and family therapy. The new section will put the public on notice that psychologists are trained in marriage and family therapy within their doctoral programs. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 4512c, which provide 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 rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205206 Patricia S. Bizzell Tweedy Executive Director Texas State Board of Examiners of Psychologists Effective date: May 5, 1992 Proposal publication date: March 13, 1992 For further information, please call: (512) 835-2036 22 TAC sec.465.31 The Texas State Board of Examiners of Psychologists adopts new sec.465.31, concerning marriage and family therapy, without changes to the proposed text as published in the March 13, 1992, issue of the Texas Register (17 TexReg 1872). Psychologists receive training in their doctoral programs to treat alcohol and substance abuse issues. The new section will put the public on notice that psychologists are trained in alcohol and substance abuse treatment within their doctoral programs. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 4512c, which provide 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 rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205207 Patricia S. Bizzell Tweedy Executive Director Texas State Board of Examiners of Psychologists Effective date: May 5, 1992 Proposal publication date: March 13, 1992 For further information, please call: (512) 835-2036 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 98. HIV and STD Control Subchapter B. HIV Education Grant Program General Provisions 25 TAC sec.98.67 The Texas Department of Health (department) adopts an amendment to sec.98.67, concerning State HIV Education, Prevention, and Risk Reduction Advisory Committee, without changes to the proposed text as published in the March 3, 1992, issue of the Texas Register (17 TexReg 1589). The amendment updates membership requirements regarding the State HIV Education, Prevention, and Risk Reduction Advisory Committee by modifying the membership category, "Texas Youth Commission" to encompass local correctional facilities, such as jails. No comments were received regarding adoption of the amendment. The amendment is adopted under the Health and Safety Code (code), sec.85.044, which provides the Board of Health (board) with the authority to establish an advisory committee to assist the board in the implementation of the state HIV Education Grant Program; sec.11.016, which provides the board with authority to appoint advisory committees; and sec.12.001, which provides the board with authority to adopt rules to implement its duties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205216 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: March 3, 1992 For further information, please call: (512)458-7463 Chapter 128. Licensure and Regulation of Marriage and Family Therapists Subchapter A. Introduction. The Texas Department of Health (department) adopts new sec.sec.128.1, 128.2, 128.11-128.20, 128.41-128.51, 128. 71-128.73, 128.91-128.94, 128.111-128.114, 128.141-128.144, 128.171-128.174, 128. 201-128.203, 128.231-128.237, 128.261, 128.291-128.295, 128.321, 128.322, and 128.331-128.339, concerning licensed marriage and family therapists. Sections 128.1, 128.2, 128.14, 128.15, 128.19, 128.20, 128.43, 128.73, 128.113, 128.114, 128.142-128.144, 128.172, 128.174, 128.202, 128.203, 128.232, 128.234, 128.235, and 128.261 are adopted with changes to the proposed text as published in the December 24, 1991, issue of the Texas Register (16 TexReg 7590). Sections 128.11-128.13, 128.16-128.18, 128.41, 128.42, 128.44-128.51, 128.71, 128.72, 128. 91-128.94, 128.111, 128.112, 128.141, 128.171, 128.173, 128.201, 128.231, 128. 233, 128.236, 128.237, 128.291-128.295, 128.321, 128.322, and 128.331-128.339 are adopted without changes and will not be republished. The department is withdrawing proposed sec.sec.128.262-128.270 because they are going to be rewritten and reproposed at a later date in the Texas Register. The new sections implement the Licensed Marriage and Family Therapists Act, Acts 1991, 72nd Legislature, Chapter 824 (Senate Bill 181), concerning the licensure and regulation of marriage and family therapists. The new sections will cover the following areas: purpose; definitions; procedure and duties of the Texas State Board of Examiners of Marriage and Family Therapists; a code of ethics for therapists; application procedures for examination and licensure; criteria for determining fitness of applicants for examination and licensure; academic and experience requirements for examination and licensure; licensure examinations; issuance of licenses; license renewal and inactive status; continuing education requirements; complaints and violations; licensing persons with criminal backgrounds; and hearing procedures for denial, suspension, or revocation of licenses. The following comments were received during the comment period. COMMENT: Concerning sec.128.2, a commenter suggested that the term "Grandfather clause" be included in the definitions. RESPONSE: The department agrees and has included the term "Grandfather period" in the definitions. COMMENT: Concerning sec.128.2, a commenter suggested that the terms "individual supervision" and "group supervision" be included in the definitions. RESPONSE: The department agrees and has included the terms in the definitions. COMMENT: Concerning sec.128.2, a commenter suggested that, in the definition of "marriage and family therapy," the term "married couples" be replaced with the term "couples." RESPONSE: The department disagrees as this definition comes from Texas Civil Statutes, Article 4512c-1. COMMENT: Concerning sec.128.2, a commenter recommended that the definition of "revoke/revocation" be deleted for clarification purposes. RESPONSE: The department agrees and has deleted the definition. COMMENT: Concerning sec.128.2, a commenter suggested that the term "supervision" be included in the definitions. RESPONSE: The department agrees and has added the definition. COMMENT: Concerning sec.128.14(a), a commenter suggested that the term "sexual orientation" be added to the subsection. RESPONSE: The department disagrees as there are no applicable state or federal laws that discuss sexual orientation in regards to impartiality or discrimination. COMMENT: Concerning sec.128.15, a commenter suggested that the term "disabled" be used instead of the term "handicapped." RESPONSE: The department agrees and has made the change. COMMENT: Concerning sec.128.19(b)(2), a commenter suggested that the fixed fee of $30 for the licensure examination be deleted and replaced with language which gives the department flexibility to adjust the fee. The reason is that the department contracts with vendors to give examinations and their examination fees will vary; the change will enable vendors with varying examination fees to participate in the program. RESPONSE: The department agrees and has made the appropriate change. COMMENT: Concerning sec.128.20, a commenter suggested that a provision be added which gives a license applicant 30 days to file a completed application in the case when defiencies exist in the application or documentation. The commenter believes that such a provision is required in order for the rule to be in compliance with Texas Civil Statutes, Article 6252-13b.1. RESPONSE: The department agrees and has made the change by adding a new subsection (d) to include the appropriate provision. The remaining subsections have been renumbered. COMMENT: Concerning sec.128.43(k), a commenter suggested that the terms "intern" and "supervisee" be added to the subsection for clarification. RESPONSE: The department agrees and has made the change. COMMENT: Concerning sec.128.73(b)(7), a commenter suggested that the wording "whether individuals, families or couples" be used instead of the wording "and therapy methods used." RESPONSE: The department agrees and has made the change. COMMENT: Concerning sec.128.73(d)(2), a commenter suggested that the term "references" be clarified. RESPONSE: The department agreed and has appropriately clarified subparagraphs (A)-(C) in the paragraph. COMMENT: Concerning sec.128.113(a)(1) and (2), a commenter requested clarification as regards types of training programs in marriage and family therapy or related mental health fields or departments in which these marriage and family training programs are housed. RESPONSE: The department believes that the paragraphs, as written, are sufficiently clear and has made no change to the language. COMMENT: Concerning sec.128.113(c)(1) and (2), a commenter suggested that graduates of doctoral programs should be allowed to count clinical or supervised hours accrued during the doctoral program. RESPONSE: The department disagrees because the language in the paragraphs is based on explicit language in Texas Civil Statutes, Article 4512c-1. Accordingly, the department has made no change. COMMENT: Concerning sec.128.113(d), a commenter suggested that the subsection is inappropriate to these rules. RESPONSE: The department agrees and has deleted the subsection. The remaining subsection has been renumbered. COMMENT: Concerning proposed sec.128.114(a), a commenter requested that the phrase "substantial equivalent course work" be clarified. RESPONSE: The department agrees and has restructured the format of the rule and modified the language in final sec.128.114 for clarification. COMMENT: Concerning sec.128.142(b) and (c), a commenter requested clarification of the experience requirements. RESPONSE: The department agrees and has appropriately clarified the subsections. COMMENT: Concerning proposed sec.128.143(a) and (b), a commenter requested clarification of the supervisor requirements. RESPONSE: The department agrees and has appropriately clarified the subsections by deleting proposed subsection (b) and making proposed subsection (c) the final subsection (b). COMMENT: Concerning sec.128.172, a commenter suggested that the provision be changed to say "The board, or its designee, shall administer licensure examinations at least semi-annually or as often as deemed necessary." RESPONSE: The department agrees and has made the change. COMMENT: Concerning sec.128.174, a commenter recommended that the examination requirements and procedures be clarified. RESPONSE: The department agrees and has made appropriate clarifying changes. COMMENT: Concerning sec.128.202(b) and (d), a commenter requested that a 30-day time period for issuance of a license and issuance of a duplicate license, if requested, be added to comply with Texas Civil Statutes, Article 6252-13b.1. RESPONSE: The department agrees and made appropriate changes. COMMENT: Concerning sec.128.203(a), a commenter recommended that the second sentence in the subsection be deleted for clarification purposes. RESPONSE: The department agrees and has deleted the sentence. COMMENT: Concerning sec.128.234(a) and (d), a commenter recommended that the subsections be modified concerning time periods in order to comply with the requirements of Texas Civil Statutes (TCS), Article 6252-12b.1. RESPONSE: The department agrees and has made appropriate changes. COMMENT: Concerning sec.128.235, a commenter recommended that the words "a final notice will be sent 30 days after the expiration date" be added to comply with the requirements of TCS, Article 6252-13b.1. RESPONSE: The department agrees and has added the suggested language. COMMENT: Concerning sec.128.261, a commenter suggested that continuing education may be a problem during the grandfather period as programs have not been approved. RESPONSE: The department agrees and has added appropriate language to eliminate the problem. The department also has decided to withdraw proposed sec.sec.128.262-128.270 concerning continuing education in order to rewrite these sections and repropose them later in the Texas Register. In addition to changes made as a result of comments received, the department has made minor editoral changes for clarification purposes to sec.128.1 and sec.128.2, sec.128.14(a), sec.128.73(b)(4) and (d), sec.128.203(d)(3), and sec.128. 232(e). None of the commenters were totally for or against the sections, but they had recommendations and suggestions regarding changes. Comments were received from American Association for Marriage and Family Therapy, Center for Adolescent and Family Care, Department of Veteran Affairs, East Texas State University, Hardin- Simmons University, Marriage and Family Therapy Certifying Association, National Association of Social Workers/Texas Chapter, Texas Association for Counseling and Development, Texas State Board of Examiners of Psychologists, Texas Tech University, and University of Houston-Clear Lake. 25 TAC sec.128.1, sec.128.2 new sections are adopted under the Licensed Marriage and Family Therapist Act, Texas Civil Statutes, Article 4512c-1, sec.13(c), which provides the Texas Board of Health, with the advice of the Texas State Board of Marriage and Family Therapists, with the authority to adopt rules to license and regulate marriage and family therapists; and the Health and Safety Code, sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. The sections affect Texas Civil Statutes, Article 4512c-1, sec.13. sec.128.1. Purpose. The purpose of these sections is to implement the provisions in the Licensed Marriage and Family Therapist Act, Texas Civil Statutes, Article 4512c-1, concerning the licensure and regulation of marriage and family therapists. sec.128.2. Definitions. The following words and terms when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Act-The Licensed Marriage and Family Therapist Act relating to the licensing and regulation of marriage and family therapists, (Act) Texas Civil Statutes, 4512c-1. APTRA-The Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a. Board-The Texas State Board of Examiners of Marriage and Family Therapists. Board of Health -The Texas Board of Health. Contested case -A proceeding in accordance with APTRA and this chapter, including, but not limited to, rule enforcement and licensing, in which the legal rights, duties, or privileges of a party are to be determined by the board after an opportunity for an adjudicative hearing. Department-The Texas Department of Health. Formal hearing -A hearing or proceeding in accordance with this chapter, including a contested case as defined in this section to address the issues of a contested case. Grandfather period -The period during which eligible applicants may apply for licensure without examination based on education, experience, and other licensure or certification. This period shall be from September 1, 1991 through September 1, 1993. Group supervision -Supervision of no more than six individuals in a clinical setting. Hearing examiner -An attorney duly designated chairperson of the board who conducts hearings under this chapter on behalf of the board. Individual supervision -Supervision of no more than two individuals in a clinical setting. Investigator-A professional complaint investigator employed by the Texas Department of Health. Licensed marriage and family therapist-An individual who offers to provide marriage and family therapy for compensation. Licensee-Any person licensed by the Texas State Board of Examiners of Marriage and Family Therapists. Marriage and family therapy-The rendering of professional therapeutic services to individuals, families, or married couples, singly or in groups, and involves the professional application of family systems, theories, and techniques in the delivery of therapeutic services to those persons. The term includes the evaluation and remediation of cognitive, affective, behavioral, or relational dysfunction within the context of marriage or family systems. Month-A calendar month. Party-Each person, governmental agency, or officer or employee of a governmental agency named by the hearing examiner as having a justiciable interest in the matter being considered, or any person, governmental agency, or officer or employee of a governmental agency meeting the requirements of a party as prescribed by applicable law. Person-An individual, corporation, partnership, or other legal entity. Pleading-Any written allegation filed by a party concerning its claim or position. Rules-The rules in this chapter covering the designated policies and procedures of operation for the board and for individuals affected by the Act. Supervision-The guidance or management of an individual or group in a clinical setting. Therapist-A Texas licensed marriage and family therapist. Waiver-The suspension of educational, professional, and/or examination requirements for applicants who meet the criteria for licensure under special conditions. Year-A calendar year. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205246 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: December 24, 1991 For further information, please call: (512) 459-2912 Subchapter B. The Board 25 TAC sec.sec.128.11-128.20 The new sections are adopted under the Licensed Marriage and Family Therapist Act, Texas Civil Statutes, Article 4512c-1, sec.13(c), which provides the Texas Board of Health, with the advice of the Texas State Board of Marriage and Family Therapists, with the authority to adopt rules to license and regulate marriage and family therapists; and the Health and Safety Code, sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. The sections affect Texas Civil Statutes, Article 4512c-1, sec.13. sec.128.14. Impartiality and Nondiscrimination. (a) The board shall make no decision in the discharge of its statutory authority with regard to any person's race, religion, color, sex, national origin, age, or disability. (b) Any board member who is unable to be impartial in the determination of an applicant's eligibility for licensure or specialty or in a disciplinary action against a licensee shall so declare this to the board and shall not participate in any board proceedings involving that applicant or licensee. sec.128.15. Policy on Disabled Applicants. (a) The board recognizes that disabled applicants may encounter unusual problems in applying for licensure and will make an effort to accommodate these applicants. (b) The board, on an individual basis, may consider requests for special arrangements for disabled applicants including assistance in taking the examination provided that such requests are reasonable and do not violate this Act and this chapter. sec.128.19. Fees. (a) The board of health has established the following fees for licenses, license renewals, examinations, and all other administrative expenses under the Act. (b) The schedule of fees shall be as follows: (1) application fee-$30; (2) licensure examination fee-the then-current fee assessed by the Texas Department of Health (department) or its designee for the examination; (3) licensure fee-$36; (4) renewal fee-$30; (5) late renewal fee-$60; (6) inactive status (administrative) fee-$75; and (7) duplicate license fee-$10; (c) All fees are not refundable. (d) Remittances submitted to the board in payment of fees may be in the form of a cashier's check, or money order. Personal checks will not be accepted. (e) The board shall make periodic reviews of its fee schedule and make any adjustments necessary to provide funds to meets its expenses without creating an unnecessary surplus. All fee changes shall be made through rule making procedures. sec.128.20. Processing Applications. (a) The board shall investigate each application and other evidence submitted. (b) The board shall notify each applicant whether the application has been accepted or rejected not later than the 30th day before the date of the examination. (c) Within 90 days of receipt of a completed application from a person seeking licensure without examination or under the Act, sec.30, the board shall notify the applicant that: (1) the applicant may be licensed without examination; (2) an examination is required; or (3) the application is denied. (d) Within 30 days of receipt of a completed application from a person seeking licensure, the board shall notify the applicant of any deficiencies that exist. (e) A notice under subsection (c) of this section to an applicant who is required to take an examination must state the reason for requiring the examination, the time and manner of conducting the examination, and the acts required of the applicant in connection with the examination. (f) A notice that an application is rejected must state the reason for the rejection. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205247 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: December 24, 1991 For further information, please call: (512) 459-2912 Subchapter C. Code of Ethics. 25 TAC sec.sec.128. 41-128.51 The new sections are adopted under the Licensed Marriage and Family Therapist Act, Texas Civil Statutes, Article 4512c-1, sec.13(c), which provides the Texas Board of Health, with the advice of the Texas State Board of Marriage and Family Therapists, with the authority to adopt rules to license and regulate marriage and family therapists; and the Health and Safety Code, sec.12. 001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. The sections affect Texas Civil Statutes, Article 4512c-1, sec.13. sec.128.43. Relationships with Clients. (a) A therapist shall make known to a prospective client the important aspects of the professional relationship including fees and arrangements for payment which might affect the client's decision to enter into the relationship. (b) A therapist shall inform the client of the purposes, goals, techniques, rules of procedure, and limitations that may affect the relationship at or before the time that the therapeutic relationship is entered. (c) A therapist shall provide therapeutic services only in the context of a professional relationship and not by means of newspaper articles, radio or television programs, mail, or means of a similar nature. (d) No commission or rebate or any other form of remuneration shall be given or received by a therapist for the referral of clients for professional services. (e) A therapist shall not use relationships with clients to promote, for personal gain or for the profit of an agency, commercial enterprises of any kind. (f) Under normal circumstances a therapist shall not be involved in the therapy of family members, intimate friends, close associates, or others whose welfare might be jeopardized by such a dual relationship. (g) Under normal circumstances a therapist shall not offer professional services to a person concurrently receiving therapy assistance from another professional except with the knowledge of that professional. (h) A therapist shall personally take reasonable action to inform responsible authorities and appropriate individuals in cases where a client's condition indicates a clear and imminent danger to the client or others. (i) In group therapy settings, the therapist shall take reasonable precautions to protect individuals from physical or emotional trauma resulting from interaction within the group. (j) A therapist shall not engage in activities that seek to meet the therapist's personal needs at the expense of a client. (k) A therapist shall not engage in sexual intercourse, sexual contact, deviate sexual intercourse, or sexual intimacies of any kind, including, but not limited to, kissing or fondling with any client, intern, supervisee, or with a person who has been a client, intern, or supervisee within the past two years. "Sexual intercourse," "sexual contact," and "deviate sexual intercourse" shall mean the activities or behaviors described in the Texas Penal Code, sec.21.01. A therapist shall not provide therapeutic services to a person with whom the therapist has had a sexual relationship. (l) A therapist shall keep accurate records of therapeutic services to include, but not be limited to, dates of services, types of services, progress or case notes, and billing information. (m) A therapist shall bill clients or third parties for only those services actually rendered or as agreed to by mutual understanding at the beginning of services or as later modified by mutual agreement. Supervisory relationships between a therapist and any other person used by the therapist to provide services to a client shall be clearly explained to the client and shall be so reflected on billing documents. (n) A therapist shall terminate a professional relationship when it is reasonably clear that the client is not benefiting from it. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205248 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: December 24, 1991 For further information, please call: (512) 459-2912 Subchapter D. Application Procedures. 25 TAC sec.sec.128.71-128.73 The new sections are adopted under the Licensed Marriage and Family Therapist Act, Texas Civil Statutes, Article 4512c-1, sec.13(c), which provides the Texas Board of Health, with the advice of the Texas State Board of Marriage and Family Therapists, with the authority to adopt rules to license and regulate marriage and family therapists; and the Health and Safety Code, sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. The sections affect Texas Civil Statutes, Article 4512c-1, sec.13. sec.128.73. Required Application Materials. (a) Application form. The application form shall contain: (1) specific information regarding personal data, employment and type of practice, other state licenses and certifications held, felony or misdemeanor convictions, educational background including direct clinical experience, supervised experience, and references; (2) a statement that the applicant has read the Act and board rules and agrees to abide by them; (3) the applicant's permission to the board to seek any information or references it deems necessary to determine the applicant's qualifications; (4) a statement that the applicant, if issued a license, shall return the license to the board upon the revocation or suspension of the license; (5) a statement that the applicant understands that the fees submitted in the licensure process are nonrefundable; (6) the applicant's dated and notarized signature; and (7) the signature of the supervisor or agency or school official who can formally attest to the applicant's direct clinical experience. (b) Supervised experience form. The supervised experience form must be completed by the applicant's supervisor and contain: (1) the name of the applicant; (2) the name, address, degree, licensure status, and credentials of the applicant's supervisor; (3) the name and address of the agency or organization where the experience was gained; (4) the inclusive dates and types of supervised experience and the total number of hours of practice; (5) the number of hours of direct, on-site, weekly supervision given to the applicant, the total number of supervisory hours received by the applicant in the experience, and the types of supervision used; (6) the applicant's employment status during supervised experience; (7) the types of clients seen (whether individuals, families, or couples) ; (8) the supervisor's evaluation of the applicant's therapeutic skills and competence for independent or private practice; and (9) the supervisor's notarized signature. (c) Graduate or doctorate transcripts. An applicant must have the official transcript(s) showing all relevant graduate or doctoral work sent directly to the board by the applicant's school(s). (d) References. An applicant must have references submitted by three persons who can attest to the applicant's therapy skills and professional standards of practice. (1) The references shall be persons who are not named elsewhere in the applicant's application and are not current members of the board. (2) References must include: (A) one graduate instructor in a university, college, or professional setting; (B) one licensed marriage and family therapist; and (C) one licensed or certified professional in a related mental health field which may include an additional licensed marriage and family therapist. (e) Other documents. Vita, resume, and other documentation of the applicant's credentials may be submitted. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205249 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date:May 5, 1992 Proposal publication date: December 24, 1991 For further information, please call: (512) 459-2912 Subchapter E. Criteria for Determining Fitness of Applicants for Examination and Licensure 25 TAC sec.sec.128.91-128.94 The new sections are adopted under the Licensed Marriage and Family Therapist Act, Texas Civil Statutes, Article 4512c-1, sec.13(c), which provides the Texas Board of Health, with the advice of the Texas State Board of Marriage and Family Therapists, with the authority to adopt rules to license and regulate marriage and family therapists; and the Health and Safety Code, sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. The sections affect Texas Civil Statutes, Article 4512c-1, sec.13. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205250 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: December 24, 1991 For further information, please call: (512) 459-2912 Subchapter F. Academic Requirements for Examination and Licensure 25 TAC sec.sec.128.111-128.114 The new sections are adopted under the Licensed Marriage and Family Therapist Act, Texas Civil Statutes, Article 4512c-1, sec.13(c), which provides the Texas Board of Health, with the advice of the Texas State Board of Marriage and Family Therapists, with the authority to adopt rules to license and regulate marriage and family therapists; and the Health and Safety Code, sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. The sections affect Texas Civil Statutes, Article 4512c-1, sec.13. sec.128.113. Academic Requirements. (a) Persons applying for examinations and licensure must have: (1) a master's or doctorate degree in marriage and family therapy or in a related mental health field with coursework and training equivalent to a graduate degree in marriage and family therapy. (2) a planned graduate program in therapy or its substantial equivalent of at least 45 semester hours which an applicant completed at an accredited school. The 45 semester hours may be coursework taken in the required graduate degree program. (b) A graduate degree under subsection (a)(1) of this section or the substantial equivalent of a planned graduate program in therapy must be any planned graduate program of at least 45 semester hours which was designed to train a person to provide direct services to assist individuals, families, or couples in a therapeutic relationship in the resolution of cognitive, affective, behavioral, or relational dysfunctions within the context of marriage or family systems. (c) After receipt of a degree meeting the requirements of subsection (a)(1) of this section, the applicant must have completed two years of work experience in marriage and family therapist services that must: (1) include at least 1,000 hours of direct clinical services to individuals, couples, or families, of which at least 500 hours must be direct clinical services to couples or families; and (2) be supervised in a manner acceptable to the board, including at least 200 hours of supervision of the provision of direct clinical services by the applicant, of which at least 100 hours must be supervised on an individual basis. (d) No direct clinical services course intended primarily for practice in the administration and grading of appraisal or assessment instruments shall count toward the 1,000 clock-hour requirement. sec.128.114. Academic Course Content. An applicant having a graduate degree in a mental health related field must have substantial equivalent course work in each of the following areas: (1) theoretical foundations of marital and family therapy: one-three courses; (2) assessment and treatment in marital and family therapy: four-five courses; (3) human development, gender, multicultural issues, and family studies: two- four courses; (4) ethics and professional studies: one course; (5) research: one course; and (6) supervised clinical practicum: 12 months/nine hours. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205251 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: December 24, 1991 For further information, please call: (512) 459-2912 Subchapter G. Experience Requirements for Examination and Licensure 25 TAC sec.sec.128.141-128.144 The new sections are adopted under the Licensed Marriage and Family Therapists, which provides the Texas Board of Health, with the advice of the Texas State Board of Marriage and Family Therapists, with the authority to adopt rules to license and regulate marriage and family therapists; and the Health and Safety Code, sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. The sections affect Texas Civil Statutes, Article 4512c-1, sec.13. sec.128.142. Experience Requirements. (a) Applicants for examination must have completed two years of work experience acceptable to the board. (b) Applicants must complete the required 200 clock hours of supervised clinical experience and 1,000 hours of direct clinical services to individuals, couples, or families. (c) Experience shall be acceptable to the board if: (1) it was begun and completed after the completion of a graduate degree in marriage and family therapy or its substantial equivalent degree; (2) it consisted primarily of the provision of direct therapeutic services in the practice of marriage and family therapy to assist individuals, couples, and families; and (3) the experience was under the direct supervision of a supervisor acceptable to the board. sec.128.143. Supervisor Requirements. (a) A supervisor acceptable to the board must be licensed by the board for at least 24 months or eligible for licensure by the board for at least 24 months. (b) A supervisor must be approved by the board by submitting a notarized board form as well as other documentation of credentials. Supervised experience will not be approved until all required documentation has been received. sec.128.144. Other Conditions for Supervised Experience. (a) A person who is in the process of completing the 24 months or 200 hours of supervised experience may not practice within his or her own private independent practice of therapy as part of such months or hours and may not count the months or hours spent in the person's private independent practice of therapy as part of the supervised experience; however, the person may be employed in his or her supervisor's private practice of therapy as part of the internship. (b) A supervisor may not be employed by the person whom he or she is supervising. (c) A supervisor may not be related within the second degree by affinity or within the third degree by consanguinity to an intern. (d) During the period of supervised experience, an intern may be employed on a salary basis or be used within an established supervisory setting. The established settings must be structured with clearly defined job descriptions and areas of responsibility. The board may require that the applicant provide documentation of all work experience. (e) During internship, the full professional responsibility for the therapeutic activities of an intern shall rest with the intern's official supervisor. (f) All supervised experience submitted in fulfillment of the board's requirements must have been on a formal basis by contract or other specific arrangement prior to the period of supervision. Supervisory arrangements must include all specific conditions agreed to by the supervisor and intern. (g) If an intern enters into contracts with both a supervisor and an organization with which the supervisor is employed or affiliated: (1) the therapeutic services will be performed on the site(s) of the organization; (2) no payment for services are to be made directly by a client to the intern; (3) clients records remain the property of the organization; (4) liability remains with the organization and/or the supervisor; and (5) there are no financial arrangements between the organization and intern that have been made that extend beyond the period of supervision. (h) Group supervised experience of an applicant for examination may count toward an applicant's experience requirement only if the supervision group consisted of no more than six interns. (i) Individual supervision of an applicant shall count toward the applicant's experience requirement only if the supervisor oversaw no more than eight persons at any one time either in group or individual supervision for the inclusive dates of the applicant's supervised experience. (j) An applicant may have no more than two supervisors unless board approval is received for further supervisors. The applicant's former supervisor or agency must submit a notarized statement explaining the reasons for the change of supervisor. (k) A person beginning internship may assure that the internship meets the requirements of the board by submitting an application, a copy of the signed supervisory contract, and a notarized statement from the supervisor or official document from an agency or other organization outlining the details of the internship to which the board will reply. The documents and fee submitted will be considered part of the application for examination and licensure and will not need to be resubmitted. A supervisor must comply with the provisions of sec.128.42 of this title (relating to Professional Representation) and of sec.128.43 of this title (relating to Relationships With Clients). This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205252 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: December 24, 1991 For further information, please call: (512) 459-2912 Subchapter H. Licensure Examinations 25 TAC sec.sec.128.171-128.174 The new sections are adopted under the Licensed Marriage and Family Therapist Act, Texas Civil Statutes, Article 4512c-1, sec.13(c), which provides the Texas Board of Health, with the advice of the Texas State Board of Marriage and Family Therapists, with the authority to adopt rules to license and regulate marriage and family therapists; and the Health and Safety Code, sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. The sections affect Texas Civil Statutes, Article 4512c-1, sec.13. sec.128.172. Frequency. The board, or its designee, shall administer licensure examinations at least semi-annually as often as deemed necessary. sec.128.174. Examination. (a) The examination shall be a written examination prescribed by the board. (b) An applicant shall apply to take the examination on a form prescribed by the board. The examination application must be accompanied by the examination fee stated in sec.128.19(b)(2) of this title (relating to Fees). (c) The board, or its designee, shall determine the times and places for licensing examinations and give reasonable public notice. (d) Examination results shall be as follows. (1) If the examination is graded or reviewed by the board, the examinee shall be notified of the results of the examination within 30 days of the examination date. (2) If the examination is graded or reviewed by a national testing service, the board shall notify each examinee within 15 days of the date which the board receives the results from the national testing service. (3) If the examination results will be delayed more than 90 days after the examination date, the board shall notify each examinee of the reason for the delay within 90 days of the examination date. (e) Procedures for failure of an applicant to pass an examination are as follows. (1) An applicant who fails an examination may retake the examination after payment of an additional examination fee. (A) The applicant must be reexamined within 12 months of the unsuccessful examination. (B) If the applicant fails the second examination, the board may require the applicant to submit evidence of satisfactory completion of additional courses of study prescribed by the board. (2) The board shall furnish the person who failed the examination with an analysis of that person's performance on the examination if so requested in writing by the examinee. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205253 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: December 24, 1991 For further information, please call: (512) 459-2912 Subchapter I. Issuance of License 25 TAC sec.sec.128. 201-128.203 The new sections are adopted under the Licensed Marriage and Family Therapist Act, Texas Civil Statutes, Article 4512c-1, sec.13(c), which provides the Texas Board of Health, with the advice of the Texas State Board of Marriage and Family Therapists, with the authority to adopt rules to license and regulate marriage and family therapists; and the Health and Safety Code, sec.12. 001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. The sections affect Texas Civil Statutes, Article 4512c-1, sec.13. sec.128.202. Issuance of Licenses. (a) The board will send each applicant whose application has been approved and who has passed the examination, if applicable, a licensure form to complete and return with the licensure fee. (b) Upon receiving an applicant's licensure form and fee, the board shall issue the person a license containing a license number within 30 days. (c) The board will replace a lost, damaged, or destroyed license certificate upon a written request from the therapist and payment of the license replacement fee. Requests must include a notarized statement detailing the loss or destruction of the therapist's original license or be accompanied by the damaged certificate. (d) Upon the written request and payment of the license certificate duplicate fee by a licensee, the board will provide a licensee with a duplicate license within 30 days for a second place of practice which is designated in a licensee's file. sec.128.203. Reciprocity. (a) The board may grant a license without examination to a person who holds, at the time of application, a license or certificate issued by another state or territory that is acceptable to the board if the minimum requirements for the license or certificate are substantially the same as or exceed the licensing requirements of the board which are in effect at the time of application. (b) The board shall consider only states and territories of the United States as acceptable for the purposes of licensure by reciprocity. (c) In the case of licensing by reciprocity, the board shall waive only the examination requirement for licensure. Required application materials must be provided, and the application and licensure fees must be paid by the applicant. The board may accept an official copy of an applicant's file sent directly from the state board that issued the original license. (d) An applicant applying for licensure by reciprocity must submit: (1) a copy of a current license or certificate by which the reciprocal licensure is requested; (2) a copy of the statute and rules of the agency issuing the license and the name and address of the licensing agency; (3) evidence that the applicant successfully passed a state licensing examination, if applicable; (4) a statement concerning complaints status; and (5) evidence of good standing from the state board. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205254 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: December 24, 1991 For further information, please call: (512) 459-2912 Subchapter J. License Renewal and Inactive Status 25 TAC sec.sec.128.231-128.237 The new sections are adopted under the Licensed Marriage and Family Therapist Act, Texas Civil Statutes, Article 4512c-1, sec.13(c), which provides the Texas Board of Health, with the advice of the Texas State Board of Marriage and Family Therapists, with the authority to adopt rules to license and regulate marriage and family therapists; and the Health and Safety Code, sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. The sections affect Texas Civil Statutes, Article 4512c-1, sec.13. sec.128.232. General. (a) A therapist must renew licensure annually. (b) Each therapist is responsible for renewing licensure and paying the renewal fee before the expiration date and shall not be excused from paying late renewal fees or renewal penalty fees. (c) The board shall deny the renewal of a license of a therapist who is in violation of the Act or this chapter at the time of application for renewal. (d) A therapist must have fulfilled continuing education requirements prescribed by the board rule in order to renew licensure. (e) A therapist whose license is not renewed due to failure to meet all requirements for licensure renewal shall return his or her license certificate to the board and shall not advertise or represent himself or herself as a licensed marriage and family therapist in any manner. sec.128.234. License Renewal. (a) At least 45 days prior to the expiration date of a person's license, the board will send notice to the licensee of the expiration date of the license, the amount of the renewal fee due, and a licensure renewal form which the licensee or the licensee's authorized representative must complete and return to the board with the required fee. A second notice will be sent 15 days prior to the expiration date of a person's license. (b) The licensure renewal form shall require the licensee to provide current addresses, telephone numbers, and other information such as continuing education completed and type of practice. (c) The board shall not consider a license to be renewed until it receives the completed license renewal form and the renewal fee, and the licensee has complied with applicable continuing education requirements. No renewal fee shall be received and accepted by the board until the licensee has met the applicable continuing education requirements. (d) The board shall issue a renewal card to a licensee who has met all requirements for renewal within 30 days. The licensee must display the renewal card in association with the license. (e) The license of a person who made a timely request for renewal of his or her license does not expire until the application for renewal is finally determined by the board, or in case the application is denied or the terms of the new license limited, until the last day for seeking review of the board's order or a later date fixed by order of a reviewing court. (f) The board will not process the licensure renewal of a licensee who is a party to a formal license revocation or suspension proceedings. A formal proceeding commences when the notice described in Subchapter L of this chapter (relating to Complaints and Violations) is mailed by the board. (1) A licensee whose license is not revoked or suspended as a result of formal proceedings shall be renewed provided that all other requirements are met. (2) In the case of delay in the licensure renewal process because of formal licensure suspension or revocation proceedings, late renewal penalty fees shall not apply. sec.128.235. Late Renewal. (a) A person who renews a license after the expiration date but on or within 90 days after the expiration date shall pay the appropriate late renewal fee. A final notice will be sent 30 days after the expiration date. (b) The board shall revoke the license of any person who has not renewed by paying the required fees on or within 90 days of the expiration date. (1) The board shall revoke an unrenewed license by a majority vote at a regular meeting and no formal hearing will be scheduled unless the revocation is contested. (2) Upon the expiration and revocation of a person's license for failure to renew, the board may notify the person by certified mail and may require the person to return the license card and certificate to the board. (c) A person whose license has been revoked for failure to pay the renewal fee or whose license was not renewed on or within 90 days of the expiration date may obtain a new license by submitting to reexamination and complying with the requirements and procedures for obtaining an original license. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205255 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: December 24, 1991 For further information, please call: (512) 459-2912 Subchapter K. Continuing Education Requirements 25 TAC sec.128.261 The new section is adopted under the Licensed Marriage and Family Therapist Act, Texas Civil Statutes, Article 4512c-1, sec.13(c), which provides the Texas Board of Health, with the advice of the Texas State Board of Marriage and Family Therapists, with the authority to adopt rules to license and regulate marriage and family therapists; and the Health and Safety Code, sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. The sections affect Texas Civil Statutes, Article 4512c-1, sec.13. sec.128.261. Purpose. The purpose of this section is to establish the continuing education requirements for the renewal of licensure which a therapist must complete periodically toward furthering of professional development in marriage and family therapy. These requirements are intended to maintain and improve the quality of professional services in marriage and family therapy provided to the public and keep the therapist knowledgeable of current research, techniques, and practice and provide other resources which will improve skill and competence in marriage and family therapy. Continuing education shall be submitted to the board on a voluntary basis beginning September 1, 1993. Continuing education shall be submitted to the board on a mandatory basis beginning September 1, 1995. Requirements for the submittal of all continuing education hours, number of hours required, reporting periods and acceptable continuing education documentation shall be forthcoming. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205265 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: December 24, 1991 For further information, please call: (512) 459-2912 Subchapter L. Complaints and Violations 25 TAC sec.sec.128.291-128.295 The new sections are adopted under the Licensed Marriage and Family Therapist Act, Texas Civil Statutes, Article 4512c-1, sec.13(c), which provides the Texas Board of Health, with the advice of the Texas State Board of Marriage and Family Therapists, with the authority to adopt rules to license and regulate marriage and family therapists; and the Health and Safety Code, sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. The sections affect Texas Civil Statutes, Article 4512c-1, sec.13. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205257 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: December 24, 1991 For further information, please call: (512) 459-2912 Subchapter M. Licensing of Persons with Criminal Backgrounds. 25 TAC sec.128.321, sec.128.322 The new sections are adopted under the Licensed Marriage and Family Therapist Act, Texas Civil Statutes, Article 4512c-1, sec.13(c), which provides the Texas Board of Health, with the advice of the Texas State Board of Marriage and Family Therapists, with the authority to adopt rules to license and regulate marriage and family therapists; and the Health and Safety Code, sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. The sections affect Texas Civil Statutes, Article 4512c-1, sec.13. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205258 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: December 24, 1991 For further information, please call: (512) 459-2912 Subchapter N. Formal Hearings 25 TAC sec.sec.128. 331-128.339 The new sections are adopted under the Licensed Marriage and Family Therapist Act, Texas Civil Statutes, Article 4512c-1, sec.13(c), which provides the Texas Board of Health, with the advice of the Texas State Board of Marriage and Family Therapists, with the authority to adopt rules to license and regulate marriage and family therapists; and the Health and Safety Code, sec.12. 001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. The sections affect Texas Civil Statutes, Article 4512c-1, sec.13. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205259 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: December 24, 1991 For further information, please call: (512) 459-2912 Chapter 145. Long-Term Care The Texas Department of Health (department) adopts amendments to sec.sec.145.23, 145.35, 145.55, 145.193, 145.214, 145.273, and 145.334, concerning long-term care, without changes to the proposed text as published in the February 4, 1992, issue of the Texas Register (17 TexReg 926). The amended sections concern physical plant, environment and construction standards for licensed-only nursing homes, custodial care homes, maternity homes, adult day care and adult day health care facilities, facilities serving persons with mental retardation and related conditions, and personal care facilities. The amendments update the sections by requiring long-term care facilities to comply with the following requirements: provisions of the Americans with Disabilities Act of 1990, Public Law 101-336; federal regulations implementing the Act in Title 28, Code of Federal Regulations, Part 35; provisions concerning architectural barriers in the Texas Civil Statutes, Article 9102; and rules implementing Article 9102 by the Texas Department of Licensing and Regulation in Title 16, Texas Administrative Code, Chapter 6. No comments were received regarding adoption of the amendments. Subchapter B. Minimum Standards for Nursing Homes 25 TAC sec.145.23 The amendment is adopted under the Health and Safety Code, sec.242.037 which provides the Texas Board of Health with authority to adopt rules concerning minimum standards for long-term care facilities; and sec.12.001 which provides the board with authority to adopt rules to implement its statutory duties. The amendments will affect the Health and Safety Code, Chapter 242. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205209 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: February 7, 1992 For further information, please call: (512) 458-7709 Subchapter C. Minimum Standards for Custodial Care Homes 25 TAC sec.145.35 The amendment is adopted under the Health and Safety Code, sec.242.037 which provides the Texas Board of Health with authority to adopt rules concerning minimum standards for long-term care facilities; and sec.12.001 which provides the board with authority to adopt rules to implement its statutory duties. The amendments will affect the Health and Safety Code, Chapter 242. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205210 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: February 7, 1992 For further information, please call: (512) 458-7709 Subchapter D. Minimum Standards for Maternity Homes 25 TAC sec.145.55 The amendment is adopted under the Health and Safety Code, sec.242.037 which provides the Texas Board of Health with authority to adopt rules concerning minimum standards for long-term care facilities; and sec.12.001 which provides the board with authority to adopt rules to implement its statutory duties. The amendments will affect the Health and Safety Code, Chapter 242. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205211 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: February 7, 1992 For further information, please call: (512) 458-7709 Subchapter M. Minimum Licensing Standards for Adult Day Care and Adult Day Health Care Facilities 25 TAC sec.145.193 The amendment is adopted under the Health and Safety Code, sec.242.037 which provides the Texas Board of Health with authority to adopt rules concerning minimum standards for long-term care facilities; and sec.12.001 which provides the board with authority to adopt rules to implement its statutory duties. The amendments will affect the Health and Safety Code, Chapter 242. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205212 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: February 7, 1992 For further information, please call: (512) 458-7709 Subchapter N. Minimum Licensing Standards for Facilities Serving Persons with Mental Retardation and Related Conditions in Texas 25 TAC sec.145.214 The amendment is adopted under the Health and Safety Code, sec.242.037 which provides the Texas Board of Health with authority to adopt rules concerning minimum standards for long-term care facilities; and sec.12.001 which provides the board with authority to adopt rules to implement its statutory duties. The amendments will affect the Health and Safety Code, Chapter 242. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205214 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: February 7, 1992 For further information, please call: (512) 458-7709 Subchapter Q. Planning and Construction for Nursing Homes. 25 TAC sec.145.273 The amendment is adopted under the Health and Safety Code, sec.242.037 which provides the Texas Board of Health with authority to adopt rules concerning minimum standards for long term care facilities; and sec.12.001 which provides the board with authority to adopt rules to implement its statutory duties. The amendments will affect Chapter 242 of the Health and Safety Code. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205214 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: February 7, 1992 For further information, please call: (512) 458-7709 Subchapter S. Minimum Licensing Standards for Personal Care Facilities 25 TAC sec.sec.145.321, 145.322, 145.324-145.327, 145.333 The Texas Department of Health (department) adopts amendments to sec.145. 321, sec.145.322, sec.sec.145.324-145.327, and sec.145.333, concerning minimum licensing standards for personal care facilities, without change to the proposed text as published in the December 20, 1991, issue of the Texas Register (16 TexReg 7437). The amendments implement the requirements of Senate Bill 865, 72nd Legislature, 1991; update statutory references to the Health and Safety Code, Chapter 247; and incorporate existing department policy concerning personal care facilities into the sections. No comments received were regarding adoption of the amendments. The amendments are adopted under the Health and Safety Code, sec.sec.247. 025- 247.026, which provides the Texas Board of Health (board) with the authority to adopt minimum standards to protect the health and safety of a personal care facility resident; sec.12.001, which provides the board with the authority to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner of health; and Senate Bill 865, Article II, 72nd Legislature, 1991, which provides the department with the authority to develop a resident's bill of rights and a providers' bill of rights in personal care facilities. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205208 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: December 20, 1992 For further information, please call: (512) 458-7709 Subchapter S. Minimum Licensing Standards for Personal Care Homes 25 TAC sec.145.334 The amendment is adopted under the Health and Safety Code, sec.242.037 which provides the Texas Board of Health with authority to adopt rules concerning minimum standards for long-term care facilities; and sec.12.001 which provides the board with authority to adopt rules to implement its statutory duties. The amendments will affect the Health and Safety Code, Chapter 242. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205215 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 5, 1992 Proposal publication date: February 7, 1992 For further information, please call: (512) 458-7709 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter Q. Franchise Tax 34 TAC sec.3.416 The Comptroller of Public Accounts adopts the repeal of sec.3.416, concerning title insurance holding company tax credits, without changes to the proposed text as published in the February 18, 1992, issue of the Texas Register (17 TexReg 1378). The section is being repealed in order that it can be adopted under the Texas Administrative Code, Title 34, Part I, Chapter 3, Subchapter V. The section will be replaced with a new 34 TAC sec.3.566, concerning title insurance holding companies. No comments were received regarding adoption of the repeal. The repeal is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 14, 1992. TRD-9205228 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: May 5, 1992 Proposal publication date: February 18, 1992 For further information, please call: (512) 463-4028 Subchapter V. Franchise Tax 34 TAC sec.3.566 The Comptroller of Public Accounts adopts new sec.3.566, concerning title insurance holding companies, with changes to the proposed text as published in the December 27, 1991, issue of the Texas Register (16 TexReg 7706). The new section replaces 34 TAC sec.3.416, concerning the same subject matter, which is being repealed in order that it can be adopted under the Texas Administrative Code, Title 34, Part I, Chapter 3, Subchapter V. This new section explains the franchise tax credits available to title insurance holding companies. A comment was received on the new section from Stewart Title Guaranty Company of Austin. The company was concerned that subsection (e) of the proposed new section was not worded correctly to be in conformity with the Insurance Code, Article 9.59, sec.16(b). It was the taxpayer's contention that sec.16(b) provides a credit toward all franchise taxes imposed by the Tax Code, Chapter 171. It was the taxpayer's interpretation that proposed subsection (e) entitled "Additional tax" was intended to avoid a possible double credit, due to filing time differences. After a discussion with the taxpayer, it was decided to change the section by deleting subsection (e) on additional tax, reformatting subsection (d) into two parts and addressing credit for premiums in subsection (d)(2). The taxpayer concurred with the changes. The new section is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. sec.3.566. Title Insurance Holding Companies. (a) Controlled company. For franchise tax purposes controlled company has the same meaning as defined in the Insurance Code, Article 21.49-1. (b) Eligibility. A title insurance holding company that is subject to the Insurance Code, Article 21.49-1, and which controls one or more domestic title insurance companies that are subject to the tax on premiums under the Insurance Code, Article 9.59, is entitled to a credit against its franchise tax imposed by the Tax Code, Chapter 171. (c) Calculation of the credit. (1) The credit for each controlled domestic title company is computed by multiplying the amount of tax on premiums paid by that company in the most recent calendar year ending before the franchise tax report is due, by the percentage of ownership of the title insurance holding company in the controlled domestic title insurance company. (2) The percentage of ownership of a controlled domestic title insurance company is determined as of the accounting year-end upon which taxable capital is based. (d) Limitations. (1) No portion of a credit may be used on a report for another period. (2) A corporation may not take credit for the same tax on premiums more than once. (e) Effective date. The tax credits provided by the Insurance Code, Article 9.59, apply to the reporting and calculation of franchise taxes for each initial, second, and regular annual period beginning on or after January 1, 1990. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 13, 1992. TRD-9205107 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: May 4, 1992 Proposal publication date: December 27, 1991 For further information, please call: (512) 463-4028 Part IV. Employees Retirement System of Texas Chapter 85. Flexible Benefits 34 TAC sec.sec.85.1, 85.3, 85.5, 85.7, 85.9, 85.13, 85.15, 85.19 The Employees Retirement System of Texas adopts amendments to sec.sec.85.1, 85. 3, 85.5, 85.7, 85.9, 85.13, 85.15, and 85.19. Section 85.3 is adopted with changes to the proposed text as published in the February 21, 1992, issue of the Texas Register (17 TexReg 13). Sections 85.1, 85.5, 85.7, 85.9, 85.13, 85. 15, and 85.19 are adopted without changes and will not be republished. The adopted amendments will implement legislation passed during the 72nd Legislative Session which allows employees of institutions of higher education to participate in the Flexible Benefits Program. Amendments concerning definitions, eligibility and participation, benefits, enrollment, payment of claims from reimbursement accounts, funding, termination and amendment of plan, and termination of coverage have been made which will allow employees of institutions of higher education to participate in the Flexible Benefits Program. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Insurance Code, Article 3.50-2, sec.4(k), which provides the Employees Retirement System of Texas with the authority to promulgate all rules and regulations necessary to implement and to administer a Flexible Benefits (Cafeteria Plan) Program for state employees. sec.85.3. Eligibility and Participation. (a) Premium conversion. (1) Eligibility. Any employee participating in the Uniform Group Insurance Program under the Texas Insurance Code, Article 3.50-2, who has insurance premium expenses, which exceed the state's and institution's contribution for insurance, shall be automatically enrolled in the premium conversion plan, unless the employee elects not to participate. (2) Participation. (A) An employee who is eligible under subsection (a) (1) of this section may elect not to participate in premium conversion by completing and submitting a TexFlex election form during the annual enrollment period or within 30 days from the first active duty date. (B) An employee who, prior to the beginning of a plan year or within 30 days from the first active duty date, makes an application to increase insurance coverage under the Uniform Group Insurance Program, the premium for which will exceed the State of Texas' and the institution's total contributions for premium costs, may elect not to participate in premium conversion by completing and submitting a TexFlex election form during the annual enrollment period or within 30 days from the first active duty date. (C) An employee who is otherwise eligible to participate in the Uniform Group Insurance Program but who did not decline participation in premium conversion prior to the beginning of a plan year or who elected to participate and who has a change in family status as defined in sec.85. 7(c)(1)(A) of this title (relating to Enrollment) after the beginning of the plan year, may elect not to participate in premium conversion, if the change is consistent with the change in family status, by completing and submitting a TexFlex election form within 30 days from the date the family status change occurs. (D) Annual enrollment period. (i) Eligible active employees will have an opportunity to decline enrollment or change benefit options during the annual enrollment period. The annual enrollment period will be prior to the beginning of a new plan year. (ii) Employees on approved leave of absence or extended sick leave without pay on the first day of a new plan year will be provided an opportunity to decline enrollment or to change benefit options within the first 30 days after return to active duty. (3) Duration of participation. (A) An employee's election to or not to participate in the premium conversion plan shall be irrevocable for the plan year, unless there is a change in family status as defined in sec.85.7(c)(1) (A) of this title (relating to Enrollment) and the change is consistent with the event. (B) A terminated employee returning to state or institution of higher education employment or an employee returning to active duty from an approved leave of absence without pay, or transferring from one state agency or institution to another or between a state agency and institution of higher education as defined in these rules, within the same plan year, may not change and shall retain for the remainder of the plan year, the elections in existence on the participant's last active duty date. (C) An employee who continues to remain eligible to participate in premium conversion shall be automatically enrolled for subsequent plan years unless the employee specifically declines participation in writing during the annual enrollment period or under the change in family status rules. (D) An employee who is ineligible to participate or who is eligible and elects not to participate in premium conversion and who becomes or remains eligible to participate in a subsequent plan year, and who wishes to continue to decline participation must execute a new TexFlex election form annually during the annual enrollment period or under the change in family status rules. (4) Effects on ability to change insurance coverage. An employee participating in the premium conversion plan may not change uniform group insurance coverages during the plan year, unless there is a change in family status and the change is consistent with the event. (b) Dependent Care Reimbursement Plans. (1) Eligibility. Any employee eligible to participate in the Uniform Group Insurance Program, except seasonal and temporary employees and graduate students, may elect to participate in the dependent care reimbursement plan. For plan year 1993 only, beginning September 1, 1992, those graduate students in institutions of higher education who have a dependent care account on August 31, 1992, are exempt from this rule. (2) Participation. (A)-(C) (No change.) (D) Annual enrollment period. (i) Eligible active employees will have an opportunity to enroll or change benefit options during the annual enrollment period. The annual enrollment period will be prior to the beginning of a new plan year. (ii) Employees on approved leave of absence or extended sick leave without pay on the first day of a new plan year will be provided an opportunity to enroll or to change benefit options within the first 30 days after return to active duty. (3) Duration of participation. (A) An employee's election to participate or to waive participation in the dependent care reimbursement plan shall be irrevocable for the plan year unless there is a change in family status as defined in sec.85.7(c)(1)C) of this title (relating to Enrollment). (B) A terminated employee returning to state or institution of higher education employment or an employee returning to active duty from an approved leave of absence without pay, or transferring from one state agency or institution to another or between an agency and an institution of higher education as defined in these rules, within the same plan year, may not change and shall retain for the remainder of the plan year, the election in existence on the participant's last active duty date. (c) Health care reimbursement plan. (1) Eligibility. (A) Any employee eligible to participate in the Uniform Group Insurance Program, except seasonal and temporary employees and graduate students, who has completed six continuous months of full-time State of Texas or an institution of higher education, as defined in these rules, employment and who is classified as a full-time regular employee on September 1 of a new plan year or after the start of a plan year, may elect to participate in a health care reimbursement account. For plan year 1993 only, beginning September 1, 1992, those employees and graduate students in institutions of higher education who have a health care account on August 31, 1992, are exempt from this rule. (B) An employee whose employment has been terminated, voluntarily or involuntarily, and who had a health care reimbursement account at the time of termination, must retain the health care reimbursement account for the applicable period of coverage. In addition, such a terminated employee may elect to enroll in a health care reimbursement account continuation coverage for the period as provided in the Public Health Service Act. A formal continuation coverage notification on a TexFlex election form provided by the Employees Retirement System of Texas must be completed and returned to the Employees Retirement System of Texas within 60 days from the date coverage is lost. Eligibility to participate is contingent upon pre-payment, on a monthly or annual basis, of the elected amount, plus a 2. 0% service charge on the elected amount, and the administrative fee for the plan year. Payments are due on the first day of each month and must be received no later than the 3Oth day of the month. Failure to pay will automatically cancel enrollment and future eligibility. (C) An employee whose employment has been terminated, voluntarily or involuntarily except for those persons not eligible pursuant to subparagraph (A) of this paragraph, and who has health insurance continuation coverage under the Public Health Services Act on September 1, may elect to participate in a health care reimbursement account during annual enrollment. A formal election must be made on a TexFlex election form prior to the beginning of a new plan year. Eligibility to participate is contingent upon pre-payment, on a monthly or annual basis, of the elected amount, plus a 2.0% service charge on the elected amount, plus the administrative fee for the plan year. Payments are due on the first day of each month and must be received no later than the 30th day of the month. Failure to pay will automatically cancel enrollment and future eligibility. (2) Participation. (A) An employee who is eligible under paragraph (1) (A) and (C) of this subsection may elect to participate by completing and submitting a TexFlex election form during the annual enrollment period or upon becoming eligible after the start of a new plan year. The effective date of the election will be September 1 of the plan year or the first day of the month following the date of eligibility, unless the eligibility date is the first day of the month and the employee makes an election on the first day of the month. (B) (No change.) (C) A new hire after the start of a new plan year, who meets the eligibility requirements under paragraph(1)(A) of this subsection, may elect to participate in a health care reimbursement account prospectively for the remainder of the plan year. (D) A change in family status, as defined in sec.85.7(c)(1)(B) of this title (relating to Enrollment) will permit an increase in the election amount during the plan year. A TexFlex election form must be submitted within 30 days from the date the change in family status event occurs. The effective date of change will be the first day of the following month, unless the change occurs on the first day of the month and the employee completes a TexFlex election form on the first day of the month and designates that to be the effective date. (E) Eligible active employees and terminated employees with continuation health coverage under the Public Health Service Act on September 1, and terminated employees with a health care reimbursement account on August 31 will be eligible to enroll or to change benefit options during the annual enrollment period. The annual enrollment period will be prior to the beginning of a new plan year. Employees on approved leave of absence without pay during the annual enrollment period who return to work after the start of a new plan year, and who meet the eligibility requirement under paragraph(1)(A) of this subsection will have 30 days from the eligibility date to enroll. (3) Duration of participation. (A) An active or terminated employee's election to or not to participate in a health care reimbursement account shall be irrevocable for the plan year. (B) An employee returning to active duty from an approved leave of absence without pay or transferring from one state agency or institution to another or between an agency and an institution of higher education as defined in these rules, within the same plan year, must retain the election in existence on the last active duty date or the date of transfer for the remainder of the plan year. (C) An employee who is enrolled in a health care reimbursement account who terminates employment during the plan year must retain the health care account for the remainder of the plan year and prepay premiums or make monthly premium payments due for the remainder of the plan year, as described in paragraph(1)(B) of this subsection. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 13, 1992. TRD-9205097 Charles D. Travis Executive Director Employees Retirement System of Texas Effective date: September 1, 1992 Proposal publication date: February 21, 1992 For further information, please call: (512) 867-3336 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part IX. Texas Department on Aging Chapter 251. Memorandum of Understanding between TDoA, TDHS, TDH, and Texas MH/MR Policies and Procedures 40 TAC sec.251.13 The Texas Department on Aging adopts new sec.251.13, concerning policies and procedures, without changes to the proposed text as published in the February 7, 1992, issue of the Texas Register (17 TexReg 1076). The purpose of the new section is to fulfill the requirements of Senate Bill 377, 72nd Legislature, 1991, which requires that the Texas Department on Aging, the Texas Department of Human Services, the Texas Department of Health, Texas Mental Health/Mental Retardation, adopt by rule an MOU which clearly outlines each agency's responsibilities in biennially revising and updating the Texas Long-Term Care State Plan for the Elderly. The function of the new section is to establish the Texas Department on Aging's responsibility for reviewing issues concerning long-term care for the elderly, developing appropriate policy recommendations for the state, encouraging cooperative planning among public, private, and volunteer sectors for provision of LTC services, and to clarify how the four agencies named will work together for review, revision, and implementation of the Texas Long-Term Care State Plan for the Elderly. No comments were received regarding adoption of the new section. The new section is adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the department. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 8, 1992. TRD-9205093 Mary Sapp Executive Director Texas Department on Aging Effective date: May 4, 1992 Proposal publication date: February 7, 1992 For further information, please call: (512) 444-2727 Texas Department of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's note: As required by the Insurance Code, Article 5.96 and Article 5.97, the Register publishes notices of actions taken by the State Board of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure and Texas Register Act. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the State Board of Insurance, 333 Guadalupe, Austin.) On January 22, 1992, the State Board of Insurance adopted amendments to the Texas Automobile Rules and Rating Manual (the Manual). The board has adopted physical damage rating symbols for certain new and/or adjusted 1990 and 1991 model private passenger automobiles. The symbols adopted were developed from Manufacturer list price data and adjusted in accordance with the prescribed vehicle series rating rule contained in the Symbol and Identification Section of the Manual for 1990 models and subsequent models. The symbols are for various models of the following makes: Acura, Audi, Alfa Romeo, Buick, BMW, Cadillac, Chevrolet, Chrysler, Daihatsu, Dodge, Eagle, Ford, Honda, Hyundai, Infiniti, Lexus, Jaguar, Lincoln, Mazda, Mercedes Benz, Mitsubishi, Mercury, Nissan, Oldsmobile, Peugeot, Plymouth, Pontiac, Saab, Saturn, Subaru, Suzuki, Toyota, Volkswagen, and Yugo. The amendments are to be effective on the 60th day after notice of this action is published in the adopted rule section of the Texas Register. This notification is made pursuant to the Insurance Code, Article 5.97, which exempts it from the requirements of the Administrative Procedure and Texas Register Act. Issued in Austin, Texas, on April 15, 1992. TRD-9205282 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: May 6, 1992 For further information, please call: (512) 463-6327