EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 22. EXAMINING BOARDS Part XXIV. Texas Board of Veterinary Medical Examiners Chapter 573. Rules of Professional Conduct Responsibilities to Clients 22 TAC sec.573.27 The Texas Board of Veterinary Medical Examiners adopts on an emergency basis an amendment to sec.573.27, concerning Observance of Confidentiality. The emergency adoption is necessary so that rabies vaccination records may be released to health care and public health professionals in cases of animal bites. This authority is not clear in the Act but is necessary in light of the recent increased number of confirmed rabies cases in Texas, and the imminent peril it represents to the public. This section is being simultaneously proposed for public comment in this issue of the Texas Register. The agency has not received any comments concerning the emergency adoption of this amendment, but the Board has been in communication with State and local health officials on this issue. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 8890, sec.7(a), which provide the Texas Board of Veterinary Medical Examiners with the authority to "make, alter, or amend such rules and regulations as may be necessary or desirable to carry into effect the provisions of this Act." The amendment affects the Veterinary Licensing Act, sec.18E, Texas Civil Statutes, Article 8890, which states a veterinarian may not violate the confidential relationship between the veterinarian and a client and may not be required to disclose any information concerning the veterinarian's care for an animal except on written authorization or another form of waiver executed by the client or on receipt by the veterinarian of an appropriate court order or subpoena. sec.573.27. Observance of Confidentiality. In accordance with sec.18E of the Veterinary Licensing Act, a
    [A] licensed veterinarian shall not violate the confidential relationship between the veterinarian
      [self] and a
        client and may not be required to disclose any information concerning the veterinarian's care for an animal except on written authorization or another form of waiver executed by the client or on receipt by the veterinarian of an appropriate court order. Another form of waiver includes verbal authorization by the client. Confidentiality extends to care and treatment of the animal, but does not preclude the veterinarian from divulging the name and address of the animal owner to any health authority, veterinarian, or physician who requests the identity of the client for purposes of obtaining the information to verify rabies vaccinations or other treatment involving life threatening situations. Issued in Austin, Texas, on October 12, 1994. TRD-9449582 Ron Allen Executive Director Texas Board of Veterinary Medical Examiners Effective date: October 14, 1994 Expiration date: February 11, 1995 For further information, please call: (512) 447-1183 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part III. Texas Commission on Alcohol and Drug Abuse Chapter 150. Licensure of Chemical Dependency Counselors Counselor Licensure Rules 40 TAC sec.150.10 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.150.10, concerning licensure requirements for chemical dependency licensure standards. The section is being repealed as it has been substantially rewritten to incorporate guidelines for assessing the eligibility of persons with a history of criminal convictions pursuant to Texas Civil Statutes, Article 6252-13c. The repeal is adopted on an emergency basis to allow the Commission to continue hearings procedures on applicant criminal background checks. This repeal is adopted on an emergency basis under Texas Civil Statutes, Article 4512o, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to establish a procedure by which the commission is to license chemical dependency counselors. sec.150.10. Licensure: Application; License Requirements; Issuance of License. Issued in Austin, Texas, on October 13, 1994. TRD-9449495 Otis E. Williams Deputy Executive Director for Finance and Administration Texas Commission on Alcohol and Drug Abuse Effective date: October 13, 1994 Expiration date: February 10, 1995 For further information, please call: (512) 867-8720 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis new sec.150.10, concerning licensure requirements for chemical dependency licensure standards. This section has been substantially rewritten to incorporate guidelines for assessing the eligibility of persons with a history of criminal convictions pursuant to Texas Civil Statutes, Article 6252-13c. The section is adopted on an emergency basis to allow the Commission to continue hearings procedures on applicant criminal background checks. The new section is adopted on an emergency basis under Texas Civil Statutes, Article 4512o, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to establish a procedure by which the commission is to license chemical dependency counselors. sec.150.10. Licensure: Application; License Requirements; Issuance of License. (a) Application. An application for a license under this chapter must: (1) be on a form prescribed and furnished by the commission and shall include: (A) specific information regarding personal data (name, address, telephone number, etc.), employment and type of practice, other licenses and certifications held, criminal convictions, educational background including practicum experience, supervised experience, and references; (B) a statement that the applicant has read the Statute (Texas Civil Statutes, Article 4512o), and commission rules (Title 40, Texas Administrative Code, Chapter 150) and agrees to abide by them; (C) the applicant's permission to the commission to seek any information or references it deems necessary to determine the applicant's qualifications; (D) a statement that the applicant, if issued a license, shall return the license to the commission upon the revocation or suspension of the license; (E) a statement that the applicant understands that fees submitted in the licensure process are nonrefundable; (F) the applicant's signature, application date, and notarization; and (G) a recent full-face wallet size photograph of the applicant with the imprint of the notary seal on the edge; (2) contain a statement made under oath that states that the applicant's education, experience, and other qualifications meet the requirements established by the commission to obtain a license under this chapter. (b) Requirements for licensure. To be eligible for a license under this chapter, a person must: (1) be a resident of the State of Texas; (2) be at least 18 years of age; (3) have a high school diploma or its equivalent; (4) have completed 270 classroom hours of approved curricula, calculated as follows: (A) the applicant must have satisfactorily completed a minimum of 135 classroom hours of chemical dependency specific education; (B) a maximum of 135 classroom hours of related education may be utilized for this requirement; (5) have 4,000 hours of approved supervised experience working with chemically dependent persons; (6) have completed 300 hours of approved supervised field work practicum; (7) have two letters of reference from licensed chemical dependency counselors; (8) submit a case presentation to the commission; (9) pass an oral examination approved by the commission; (10) be determined by the commission to be worthy of the public trust and confidence; (11) pass the chemical dependency counselor examination under sec.150.11 of this title (relating to Examination); and (12) sign a written agreement to abide by the standards of ethics approved by the commission and contained in sec.150.22 of this title (relating to Ethical Standards). (c) Additional information. The commission may require additional information regarding the quality, scope, and nature of the experience and competence of the applicant if the commission determines that a person's application lacks sufficient information for consideration by the commission. (d) Background investigation. (1) Processing for counselor internship (CI) or licensure (LCDC) is initiated by a background investigation. Criminal history reports from the Department of Public Safety are obtained on every individual applying for CI or LCDC. (2) All applicants for CI or LCDC must disclose and provide complete information regarding all misdemeanor and felony convictions. Failure to make full and accurate disclosure will be grounds for immediate denial of application or revocation of counselor internship or licensure. (3) Persons having any record of misdemeanor or felony convictions will be screened by the commissioners' Offender Credentialing Committee (OCC). The committee may recommend: (A) denial of an application; (B) probationary status for CI or LCDC (if all of the requirements are satisfied); (C) unconditional approval for CI or LCDC (if all of the requirements are satisfied); or (D) revocation of existing counselor internship or licensure. (4) Factors considered by the Offender Credentialing Committee in determining the present fitness of a person who has been convicted of a crime include: (A) the number and nature of criminal conviction(s); (B) the age at the time each crime was committed; (C) the amount of time since last conviction; (D) the conduct and work history of the person before and after the criminal conviction(s); (E) evidence of the person's rehabilitation efforts and outcome; (F) two letters of recommendation from qualified credentialed professionals; (G) other evidence of fitness that may be relevant. (5) Convictions are categorized using the following guidelines: (A) Felonies or misdemeanors that result in harm to others: (i) must have at least six years from the date of the last conviction (felony or misdemeanor) when applying for counselor internship. (ii) must have at least 10 years from the date of the last conviction (felony or misdemeanor) when applying for counselor licensure. (B) Felonies which do not result in harm to others: (i) must have at least five years from the date of the last conviction (felony or misdemeanor) when applying for counselor internship; (ii) must have at least seven years from the date of the last conviction (felony or misdemeanor) when applying for counselor licensure. (C) misdemeanor convictions which do not result in harm to others: (i) must have at least three years from the date of the last conviction when applying for counselor internship; (ii) must have at least five years from the date of the last conviction when applying for licensure. (6) An applicant who does not accept the committee's decision may request a hearing under the procedures established in sec.150.16 of this title (relating to Disciplinary Action; Grounds). (e) Exemptions. (1) Applicants holding a baccalaureate degree in chemical dependency counseling shall be exempted from the requirements of subsection (b)(4) and (6) of this section. On presentation of verifying documentation by the applicant, the commission may waive any portion of subsection (b)(5) of this section it deems has been met as evidenced by such documentation. (2) Applicants holding a baccalaureate degree in psychology, sociology, or any other related program approved by the commission shall be exempted from the requirements of subsection (b)(4) and (6) of this section. In addition, upon presentation of verifying documentation by the applicant, the commission may waive any portion of subsection (b)(5) of this section it deems has been met as evidenced by such documentation. (f) Disabled applicants. The commission recognizes that disabled applicants may encounter unusual problems in applying for licensure and will make an effort to accommodate these applicants. The commission, on a case-by-case basis, will consider requests for special arrangements for disabled applicants provided that such requests are reasonable and do not violate the law or the rules of the commission. (g) Issuance of licenses. Upon successful completion of all requirements to obtain a license under this chapter, the commission will issue a license to the applicant as follows: (1) The commission will send each applicant whose application has been approved and who has passed the examination, a licensure form to complete and return with the licensure fee. (2) Upon receiving an applicant's completed licensure form and licensure fee, the commission will issue the applicant a license containing a license number. (3) The commission will replace a lost, damaged, or destroyed license certificate upon written request from a licensed chemical dependency counselor and payment of the license certificate replacement fee. Requests for replacement must contain a notarized statement by the licensed chemical dependency counselor, setting forth in detail all facts relating to the loss or destruction of the counselor's original license, or must be accompanied by the damaged license certificate. Issued in Austin, Texas, on October 13, 1994. TRD-9449496 Otis E. Williams Deputy Executive Director for Finance and Administration Texas Commission on Alcohol and Drug Abuse Effective date: October 13, 1994 Expiration date: February 10, 1995 For further information, please call: (512) 867-8720