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 22. EXAMINING BOARDS Part XXX. Texas State Board of Examiners of Professional Counselors Chapter 681. Professional Counselors Subchapter E. Experience Requirements for Examination and Licensure The Texas State Board of Examiners of Professional Counselors, with the approval of the Texas Board of Health, adopts amendments to sec.681.83, sec.681. 84, and sec.681.174, without changes to the proposed text as published in the December 4, 1992, issue of the Texas Register (17 TexReg 9000). These sections cover supervisor requirements, other conditions for supervised experience, and types of acceptable continuing education. The amendments establish criteria for acceptable supervisor training, clarify employment settings for interns, and clarify language concerning acceptable continuing education. No comments were received regarding adoption of the amendments. 22 TAC sec.681.83, sec.681.84 The amendments are adopted under Texas Civil Statutes, Article 4512g, sec.6, which provides the Texas State Board of Examiners of Professional Counselors, subject to the approval of the Texas Board of Health, with the authority to revise rules that are necessary to administer the Licensed Professional Counselor Act; 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. sec.681.83. Supervisor Requirements. (a) A supervisor acceptable to the board must be one of the following: (1) a person licensed by the board or a person licensed as a counselor in another state; (2) a person licensed or certified by this state or any other state in a profession that provides counseling. This person may be a licensed psychologist, a licensed physician with board certification as a psychiatrist, or a certified social worker advanced clinical practitioner. The person must submit to the board proof of licensure and certification, official graduate transcripts, and other appropriate documentation; or (3) (No change.) (b) A supervisor under subsection (a)(1) or (2) of this section must have met the following requirements. (1) (No change.) (2) A person who begins the supervision of a counseling intern on or after January 1, 1995, shall meet the requirements stated in paragraph (1) of this subsection and must have completed one of the following: (A) successful completion of an examination offered for certification as a counselor supervisor or current certification as a counselor supervisor by a nationally recognized counseling association acceptable to the board; (B) current certification in clinical supervision by a nationally recognized counseling association acceptable to the board; (C) 40 clock-hours of training in the supervision of counseling or mental health services through one or a combination of the following: (i) a graduate course taken for credit at an accredited college or university; (ii) continuing education programs meeting the requirements of sec.681.174 of this title (relating to Types of Acceptable Continuing Education); or (iii) clinical supervision of the proposed supervisor by a person: (I) licensed by the board or as a counselor in another state; or (II) licensed or certified by this state or another state as a mental health professional that would be acceptable under subsection (a)(2) of this section; (D) a doctoral degree in counseling or a related field which was designed to train the person to provide direct services to individuals or groups in a counseling relationship in the resolution of personal-social, educational, or occupational problems. The degree must have been awarded before January 1, 1995, by a university described in the academic requirements for examination and licensure in sec.681.62(a) or (b) of this title (relating to General); or (E) provided at least three years of clinical supervision in counseling of another person(s) through a university described in sec.681.62(a) or (b) of this title or a mental health facility licensed, accredited, or otherwise credentialed by the federal, state, or local government or a nationally recognized organization in the field of mental health. The three years must have been completed before January 1, 1995. (3) The 40 clock-hours shall include at least the following: (A) defining and conceptualizing supervision and models of supervision for at least three clock-hours; (B) supervisory relationship and counselor development for at least three clock-hours; (C) supervision methods and techniques for at least 12 clock-hours, covering roles (teacher, counselor, and consultant), focus (process, conceptualization, and personalization), group supervision, multicultural supervision (racial and ethnic issues and gender issues), and evaluation methods; (D) ethical, legal, and professional issues for at least 12 clock-hours, covering rules for supervision and standards of practice ((Subchapter B of this chapter (relating to The Practice of Counseling)); sec.681.82 of this title ((relating to Experience Requirements); and this section should be included)), other codes of ethics, and ethical and legal dilemmas; and (E) executive and administrative tasks for at least three clock-hours covering supervision plan and contract, and time for supervision, recordkeeping and reporting. (4) At the time of application for a license, a person must submit required documentation showing that the person's supervisor meets the requirements of this section. (5) Evidence of a supervisor meeting the requirements of this section may be submitted with a supervision contract or with the board's approved supervised experience documentation form. After July 1, 1996, applicants for license must apply for supervisory approval at the time of application. Approved supervisors shall be listed on the roster of supervisors prepared by the board. Credentials must be submitted with the roster application form. (c) (No change.) sec.681.84. Other Conditions for Supervised Experience. (a) A person may be employed or used in his or her supervisor's private practice of counseling as part of the person's internship. (1) A person may not count the months or hours spent in the person's own private independent practice of counseling as part of the internship. (2) A person may not count the months or hours spent in the practice of counseling when the counseling setting is owned or operated by a corporation, partnership, company, or other legal entity which the intern organized; which the intern has an ownership interest; or of which the intern is an officer, director, shareholder, partner, or manager. (b)-(l)(No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on April 27, 1993. TRD-9322161 Robert A. MacLean, M.D. Deputy Commissioner Texas State Board of Examiners of Professional Counselors Earliest possible date of adoption: May 18, 1993 For further information, please call: (512) 834-6658 Subchapter K. Continuing Education Requirements 22 TAC sec.681.174 The amendment is adopted under Texas Civil Statutes, Article 4512g, sec.6, which provides the Texas State Board of Examiners of Professional Counselors, subject to the approval of the Texas Board of Health, with the authority to revise rules that are necessary to administer the Licensed Professional Counselor Act; 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. 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 27, 1993. TRD-9322160 Robert A. MacLean, M.D. Deputy Commissioner Texas State Board of Examiner of Professional Counselors Effective date: May 18, 1993 Proposal publication date: December 12, 1992 For further information, please call: (512) 834-6658 TITLE 25. HEALTH SERVICES Part Texas Department of Health Chapter 151. Nurse Aids 25 TAC sec.sec.151.7, 151.9, 151.11 The Texas Department of Health (department) adopts amendments to existing sec.sec.151.7, 151.9, and 151.11, concerning nurse aides, without changes to the proposed text as published in the March 2, 1993, issue of the Texas Register (18 TexReg 1344). The sections cover filing and processing an application for a nurse aide training and competency evaluation program, program director, or skills examiner; withdrawal of approval of a nurse aide training and competency evaluation program, program director, and skills examiner; and registry/finding/inquiries. The amendments conform the Nurse Aide Registry and Training Program Rules to federal law which requires that nurse aides be given a fair hearing. The amendments would allow the fair hearing provisions to apply to nurse aide, NATCEP, program director, and skills examiner hearings. No comments were received regarding adoption of the amendments. The amendments are adopted under the Omnibus Budget Reconciliation Act, Public Law 100-203, sec.sec.4201-4214, as amended, which requires the Board of Health through an agreement with the Texas Department of Human Services to adopt rules implementing a nurse aide registry and a training and competency evaluation program for nurse aides; 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, Texas Department of Health, and the Commissioner of Health. 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 26, 1993. TRD-9322147 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 17, 1993 Proposal publication date: March 20, 1993 For further information, please call: (512) 458-7236 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part XIX. Texas Department of Protective and Regulatory Services Chapter 725. General Licensing Procedures Subchapter U. Day Care Licensing Procedures 40 TAC sec.725.2046 The Texas Department of Protective and Regulatory Services (PRS) adopts an amendment to sec.725.2046, without changes to the proposed text as published in the March 23, 1993, issue of the Texas Register (18 TexReg 1848). The justification for the amendment is to increase the likelihood that registered family homes in Texas comply with minimum standards through increased regulation and inspection of these homes. The amendment will function by ensuring that family day homes in Texas are regulated to provide a minimal level of health and safety for children. No comments were received regarding the adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4413 (503) historical note (Vernon 1993) (House Bill 7, Article 1, sec.106, 72nd Legislature), which transferred all functions, programs, and activities related to the child protective services program from the Texas Department of Human Services (DHS) to the Texas Department of Protective and Regulatory Services; and under the Human Resources Code, Title 2, Chapter 42, which provides the department with the authority to administer general child-placing and child care licensing programs. 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 28, 1993. TRD-9322206 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Protective and Regulatory Services Effective date: May 19, 1993 Proposal publication date: March 23, 1993 For further information, please call: (512) 450-3765