Part II.
Public Utility Commission of Texas
Chapter 23.
Substantive Rules
Rates
16 TAC §23.21
The Public Utility Commission of Texas proposes an amendment
to §23.21. The proposed amendment adds subsection (c)(1)(H)(vi) to the
rule to require that a utility submit for commission approval a plan for
distribution of excess funds from a terminated OPEB (post retirement benefits
other than pensions) trust fund.
Mr. Russell Trifovesti, Assistant Director for the Legal Division in the
Office of Regulatory Affairs, has determined that for each year of the first
five-year period the proposed section is in effect there will be no fiscal
implications for state or local government as a result of enforcing or administering
the section.
Mr. Trifovesti has also determined that for each year of the first five
years the proposed section is in effect the public benefit anticipated as
a result of enforcing the section will be that a utility's plans for distribution
of excess assets from an OPEB that has been terminated, and for which related
liabilities have been satisfied, will be subject to commission approval.
There will be no effect on small businesses as result of enforcing this section.
There is no anticipated economic cost to persons who are required to comply
with the section as proposed.
Mr. Trifovesti has also determined that for each year of the first five
years the proposed section is in effect there will be no impact on employment
in the geographical area affected by implementing the requirements of the
section.
Comments on the proposed amendment (16 copies) may be submitted to Paula
Mueller, Secretary of the Commission, Public Utility Commission of Texas,
1701 North Congress Avenue, Austin, Texas 78711-3326, within 30 days after
publication. The commission invites specific comments regarding the costs
associated with, and benefits that will be gained by, implementation of the
amendment. The commission will consider the costs and benefits in deciding
whether to adopt the amendment. All comments should refer to Project Number
14950. The commission staff will conduct a public hearing on this rulemaking
under Texas Government Code, §2001.029 at the commission offices on
January 7, 1997 at 10:00 a.m.
The amendment is proposed under the Public Utility Regulatory
Act of 1995, §1.101, Senate Bill 319, 74th Legislature, Regular Session
1995, which provides the Public Utility Commission with the authority to
make and enforce rules reasonably required in the exercise of its powers
and jurisdiction, including rules of practice and procedure.
Public Utility Regulatory Act, §§1.101 is affected by this proposed
amendment.
§23.21.Cost of Service.
(a)-(b)
(No change.)
(c)
Allowable expenses. Only those expenses which are reasonable
and necessary to provide service to the public shall be included in allowable
expenses. In computing a utility's allowable expenses, only the utility's
historical test year expenses as adjusted for known and measurable changes
will be considered, except as provided for in any section of these rules
dealing with fuel expenses.
(1)
Components of allowable expenses. Allowable expenses, to
the extent they are reasonable and necessary, and subject to the rules in
this section, may include, but are not limited to, the following general
categories:
(A)-(G)
(No change.)
(H)
Postretirement benefits other than pensions (
known in the utility industry as "
OPEB
"
).
For ratemaking purposes, expense associated with postretirement benefits
other than pensions (OPEB) shall be treated as follows:
(i)-(v)
(No change.)
(vi)
When a utility terminates an OPEB trust fund established pursuant to clause
(v) of this subparagraph, it shall notify the commission in writing. If excess
assets remain after the OPEB trust fund is terminated and all trust related
liabilities are satisfied, the utility shall file, for commission approval,
a proposed plan for the distribution of the excess assets. The utility shall
not distribute any excess assets until the commission approves the disbursement
plan.
(2)
(No change.)
(d)-(g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 23, 1996.
TRD-9618607
Paula Mueller
Secretary of the Commission
Public Utility Commission of Texas
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 936-7162
16 TAC §23.103
The Public Utility Commission of Texas proposes new §23.103,
relating to IntraLATA Equal Access. The proposed rule is necessary to comply
with the Public Utility Act of 1995 (PURA 95) §3.219(c), which requires
that the commission ensure that customers may designate a provider of their
choice to carry their "0+" and "1+" intraLATA calls and that equal access
in the public network is implemented such that the provider may carry such
calls.
Ms. Candice Clark, Manager of Competitive Pricing in the Office of Regulatory
Affairs, has determined that for each of the first five years the proposed
section is in effect there will be no fiscal implications for state or local
government as a result of enforcing or administering the section.
Ms. Clark has also determined that for each of the first five years the
proposed section is in effect the public benefit anticipated as a result
of enforcing the section will be to encourage competition in the intraLATA
toll market by implementing two-PIC "1+" and "0+" equal access for Texas
telephone customers. There will be no effect on small businesses as result
of enforcing this section. There is no anticipated economic cost to persons
who are required to comply with the section as proposed.
Ms. Clark has also determined that for each of the first five years the
proposed section is in effect there will be no impact on employment in the
geographic area affected by implementing the requirements of the section.
Comments on the proposed rule (16 copies) may be submitted to Paula Mueller,
Secretary of the Commission, Public Utility Commission of Texas, 1701 North
Congress Avenue, Austin, Texas 78711-3326, within ten days after publication.
All comments should refer to Project Number 16133. The commission staff will
conduct a public hearing on this rulemaking under Texas Government Code §2001.029
at the commission offices on January 16, 1997, at 10:00 a.m.
The commission invites specific comments regarding the costs associated
with, and benefits that will be gained by, implementation of the rule. The
commission will consider the costs and benefits in deciding whether to adopt
the rule.
The commission invites specific comments on the legal and policy arguments
that the commission should consider in deciding whether to treat a Local
Exchange Carrier (LEC) affiliate as a LEC for purposes of triggering the
requirements in subsections (d) and (e) of the proposed section. Additionally,
the commission invites specific comments on the costs and benefits of providing
toll dialing parity in Texas by implementing a two-PIC system allowing a
customer to choose an interstate and an intrastate PIC. Interested parties
are referred to paragraph 37 of the Federal Communications Commission's (FCC's)
Second Report and Order in CC Docket Numbers 96-98. Finally, the commission
invites specific comments on whether the payphone provisions of proposed
§23.103(i) are consistent with the FCC's Order on Reconsideration in
CC Dockets Numbers 96-128 and Numbers 91-35.
The new rule is proposed under the Public Utility Regulatory
Act of 1995, Texas Revised Civil Statutes Annotated, Article 1146c-O, (Vernon
Supp. 1996), §1.101, which provides the Public Utility Commission with
the authority to make and enforce rules reasonably required in the exercise
of its powers and jurisdiction, including rules of practice and procedure;
and specifically §3.219(c), which requires that the commission ensure
that customers may designate a provider of their choice to carry their "0+"
and "1+" intraLATA calls and that equal access in the public network is implemented
such that the provider may carry such calls.
Public Utility Regulatory Act of 1995, Texas Revised Civil Statutes Annotated,
Article 1146c-O, §§1.101, 3.219(c) (Vernon Supp. 1996) (PURA 95)
is affected by this proposed new rule.
§23.103.IntraLATA Equal Access.
(a)
Application. This section applies to certified telecommunications
utilities (CTUs) providing local exchange telephone service in Texas.
(b)
Purpose. The purpose of this section is to encourage competition
in the intraLATA toll market by implementing two-PIC 1+ and 0+ equal access
for Texas telephone customers.
(c)
Definitions. The following words and terms, when used in
this section, shall have the following meaning unless the context clearly
indicates otherwise:
(1)
Administrative review -- A process whereby an implementation
plan or application is reviewed by the commission staff and approved or denied
by an administrative law judge without an evidentiary hearing and without
an order signed by the commission.
(2)
IntraLATA equal access -- The ability of a caller
to complete an intraLATA toll call using his or her provider of choice by
dialing 1 or 0 plus an NPA-NXX-XXXX within the LATA.
(3)
PIC freeze indicator -- An indicator that the end
user has directed the CTU to make no changes in the end user's PIC.
(4)
Primary Interexchange Carrier (PIC) -- The provider
chosen by a customer to carry that customer's toll calls.
(5)
Two-PIC equal access -- A method that allows a telephone
subscriber to select one carrier for all 1+ and 0+ interLATA calls and the
same or a different carrier for all 1+ and 0+ intraLATA calls.
(6)
Year 1 -- The calendar year during which a CTU first
makes intraLATA equal access available to a customer in Texas.
(d)
Timing. Except as provided in paragraphs (1)-(3) of this
subsection, a CTU shall file with the commission an implementation plan to
provide intraLATA equal access as ordered by the commission or no later than
August 8, 1998.
(1)
No later than 90 days before filing an application with
the Federal Communications Commission (FCC) for authorization to provide
interLATA telecommunications service in Texas pursuant to FTA96 §271(d)(1),
a Bell Operating Company (BOC) shall file with the commission an implementation
plan to provide intraLATA equal access.
(2)
A CTU other than a BOC that begins providing in-region
interLATA toll service on its own behalf or through an affiliate before August
8, 1997, shall file with the commission no later than February 8, 1997, an
implementation plan to provide intraLATA equal access.
(3)
A CTU other than a BOC that begins providing in-region
interLATA toll service on its own behalf or through an affiliate on or after
August 8, 1997, but before February 8, 1999 shall file with the commission
an implementation plan no later than 180 days prior to the date on which
it begins providing in-region interLATA toll service.
(4)
A CTU with fewer than two percent of the nation's
subscriber lines may petition the commission for a suspension or modification
of the requirements of this subsection. The commission shall act on the petition
within 180 days of receiving such petition. Pending such action, the commission
may suspend enforcement of this subsection with respect to the petitioner.
It shall be the duty of the petitioner to demonstrate that such suspension
or modification is consistent with the public interest, convenience, and
necessity; and is necessary to:
(A)
avoid a significant adverse economic impact on users of
telecommunications services generally;
(B)
avoid imposing a requirement that is unduly economically
burdensome; or
(C)
avoid imposing a requirement that is technically infeasible.
(e)
Implementation Plan. An implementation plan shall conform
to the requirements set out in paragraphs (1)-(4) of this subsection.
(1)
An implementation plan shall describe the measures the
CTU will take to make two-PIC intraLATA equal access available to all interexchange
carriers in all areas of the state in which the CTU is certified to provide
local exchange service.
(2)
Except as provided by subparagraphs (A)-(C) of this
paragraph or as otherwise ordered by the commission, a CTU must implement
intraLATA equal access no later than February 8, 1999.
(A)
A BOC shall offer intraLATA equal access coincident with
the exercise of its authority to provide interLATA services.
(B)
A CTU other than a BOC that begins providing in-region
interLATA toll service on its own behalf or through an affiliate before August
8, 1997, shall provide intraLATA equal access no later than August 8, 1997.
(C)
A CTU other than a BOC that begins providing in-region
interLATA toll service on its own behalf or through an affiliate on or after
August 8, 1997, but before February 8, 1999 shall implement intraLATA equal
access throughout the state no later than the date on which it begins providing
in-region, interLATA service.
(3)
If a CTU does not implement intraLATA equal access
simultaneously throughout its service territory, its implementation plan
shall include a schedule of implementation specifying, for each wire center:
(A)
the Common Language Location Identifier (CLLI) code and
exchange name;
(B)
the month in which intraLATA equal access will be available;
(C)
the type of switch serving the wire center; and
(D)
a list of the NPA-NXX's affected by the conversion to
intraLATA equal access.
(4)
Eighteen copies of the implementation plan shall
be filed in the commission's central records office. The commission shall
publish notice of the implementation plan in the
Texas Register
.
(f)
Administrative review. An implementation plan filed under
this section shall be reviewed administratively unless an administrative
law judge, for good cause, determines at any point during the review that
the plan should be docketed. Denial of a plan for failure to meet the requirements
of this section does not relieve the CTU of its obligations under subsection
(e) of this section.
(g)
Cost Recovery. A dominant certified telecommunications
utility (DCTU) may impose an annual surcharge on intraLATA toll providers
to recover over a five- year period its costs of implementing intraLATA equal
access. A DCTU shall file with the commission by February 15 of each year
an application for recovery of its total service long-run incremental cost
of implementing intraLATA equal access during the previous year. The application
shall include detailed cost support for the recoverable costs and shall be
reviewed administratively. The surcharge shall be billed by the DCTU to intraLATA
toll providers using its intraLATA switched access services and shall be
due and payable no later than June 30 of each year for recoverable costs
incurred during the previous year.
(1)
Recoverable costs. Costs that are recoverable for a given
calendar year are equal to one-fifth of the total service long-run incremental
cost (TSLRIC) to provide intraLATA equal access multiplied by a factor equal
to 1 minus the DCTU's share of that cost. The DCTU's share of costs shall
be computed by dividing the total intraLATA toll minutes of use originated
by the DCTU for end users during the year by the sum of total originating
intraLATA switched access minutes purchased from the DCTU and total intraLATA
toll minutes of use originated by the DCTU for end users during the year.
In calculating its share of costs, the DCTU may convert its intraLATA toll
minutes of use to equivalent access minutes by adjusting for call set-up.
Recoverable costs shall include, but not be limited to:
(A)
costs of processing a customer's initial PIC selection
pursuant to subsection (h) of this section; and
(B)
costs of providing customer notice pursuant to subsection
(j) of this section.
(2)
Nonrecoverable items. A DCTU may not recover:
(A)
costs of converting a wire center in which inter- and
intraLATA equal access are introduced simultaneously;
(B)
costs of switching equipment whose installation was planned
before the implementation plan was filed;
(C)
costs of marketing its intraLATA toll services; or
(D)
lost toll revenue.
(3)
The amount of the surcharge payable to a DCTU
by an intraLATA toll provider for a given year shall be equal to the DCTU's
recoverable costs for that year multiplied by the intraLATA toll provider's
share of the DCTU's recoverable costs. An intraLATA toll provider's share
of a DCTU's recoverable costs for a calendar year shall be computed by dividing
the originating intraLATA switched access minutes the intraLATA toll provider
purchased from the DCTU during the year by the total originating intraLATA
switched access minutes purchased from the DCTU during the year.
(h)
PIC Selection. An end user may select one carrier for all
1+ and 0+ interLATA toll calls and either the same carrier or a different
carrier for all 1+ and 0+ intraLATA toll calls. When a customer places an
order to move or establish service, the CTU shall inform the customer of
his opportunity to choose both an intraLATA and an interLATA PIC.
(1)
Multiple PIC requests. If a customer has selected more
than one intraLATA PIC, the CTU shall process the PIC with the latest customer
authorization date.
(2)
Default intraLATA PIC.
(A)
A new customer who does not choose an intraLATA PIC shall
dial a carrier access code to route his intraLATA toll calls to the carrier
of his choice until the customer makes a permanent, affirmative selection
for intraLATA 1+ and 0+ calls.
(B)
An existing customer who does not make a choice for an
intraLATA PIC when intraLATA equal access becomes available shall default
to the serving CTU for intraLATA 1+ and 0+ calls.
(3)
Balloting of customers shall not be required
in areas in which interLATA equal access is available.
(4)
Initial PIC request. A customer's initial PIC request,
made prior to implementation or within six months after implementation of
intraLATA equal access, shall be made at no charge. Thereafter, a CTU may
bill the customer a PIC change charge at a rate no greater than the rate
for the selection of an interLATA PIC. If a customer selects an inter- and
intraLATA PIC at the same time, only one charge shall apply.
(5)
PIC Freezes. An account carrying an interLATA PIC
freeze indicator shall not be automatically frozen by the CTU for intraLATA
PIC selection. A customer may request a CTU to freeze his or her inter- or
intraLATA PIC or both. A customer's request for an intraLATA PIC freeze may
not be processed until the customer has received notice of intraLATA equal
access pursuant to subsection (j) of this section.
(i)
Pay telephone equal access. IntraLATA 0+ and 1+ equal access
shall be required for all pay telephones. A location provider shall be allowed
to select both the intraLATA and interLATA PIC for a pay telephone. Nothing
in this section shall affect any contract existing between a location provider
and a provider of pay telephone service or an interLATA or intraLATA carrier
that is in force as of the effective date of this section.
(j)
Customer Notice. A CTU shall provide notice by direct mail
to affected customers of implementation of intraLATA equal access. The text
of the notice shall state: "The Public Utility Commission of Texas has directed
all local telephone companies to give residential and business customers
the option of selecting an intraLATA (local toll) 1+ and 0+ long distance
company other than [insert name of CTU]. Texas is divided into major long-
distance calling areas called LATAs. (See enclosed map.) Currently, [insert
name of CTU] carries all 1+ and 0+ calls within a LATA. After [insert implementation
date], long distance calling within the LATA (as distinct from between LATAs,
which is already competitive) will be open to competition. With this change,
customers will have the option of selecting a long distance company for intraLATA
1+ and 0+ calling. "Beginning on [insert date] and until [insert date], you
may select an intraLATA (local toll) long-distance company at no charge by
notifying your local telephone company or by directly contacting the long
distance carrier of your choice. If you change your intraLATA carrier after
[insert date] or after your initial selection, you will incur a [$ insert
charge] change charge."
(k)
Expiration. The provisions of this section shall expire
December 31, 2002.
(l)
Waiver. After notice and hearing, and subject to the requirements
of law, the commission may waive any provision of this section for good cause
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 23, 1996.
TRD-9618608
Paula Mueller
Secretary of the Commission
Public Utility Commission of Texas
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 936-7162
Chapter 461.
General Rulings
22 TAC §461.28
The Texas State Board of Examiners of Psychologists proposes
new §461.28, concerning Suspension of License for Failure to Pay Child
Support. The new rule is being proposed in order to bring the Board into
compliance with State child support laws.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be to provide a mechanism by which the Board can enforce
license suspension due to failure to comply with State child support laws.
There will be no effect on small businesses. The economic cost to persons
who are required to comply with the section as proposed will be in direct
proportion to the individual's potential earnings during the time the license
is suspended.
Comments on the proposal may be submitted to Janice C. Alvarez, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
Texas 78701, (512) 305-7700.
The new rule is proposed 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.
The proposed new section does not affect other statutes, articles, or codes.
§461.28. Suspension of License for Failure to Pay Child Support.
(a)
On receipt of a final court or attorney general's order
suspending a license due to failure to pay child support, the executive director
shall immediately determine if the Board has issued a license to the obligator
named on the order, and, if a license has been issued:
(1)
enter an order of suspension of the license;
(2)
report the suspension as appropriate; and
(3)
demand surrender of the suspended license.
(b)
The Board shall implement the terms of a final court or
attorney general's order suspending a license without additional review or
hearing. The Board will provide notice as appropriate to the licensee or
to others concerned with the license.
(c)
The Board may not modify, remand, reverse, vacate, or stay
a court or attorney general's order suspending a license issued under the
Family Code, Chapter 232 as added by Acts 1995, 74th Legislature, Chapter
751 §751.85 (House Bill 433) and may not review, vacate, or reconsider
the terms of an order.
(d)
A licensee who is the subject of a final court or attorney
general's order suspending his or her license is not entitled to a refund
for any fee paid to the Board.
(e)
If a suspension overlaps a license renewal period, an individual
with a license suspended under this section shall comply with the normal
renewal procedures in the Act and this chapter; however, the license will
not be renewed until subsections (g) and (h) of this section are met.
(f)
An individual who continues to engage in the practice of
psychology or continues to use the titles "Licensed Psychologist," "Certified
Psychologist," "Licensed Psychological Associate," "Licensed Specialist in
School Psychology" or the initials "L.P.," "C.P.," "L.P.A.," or L.S.S.P."
after the issuance of a court or attorney general's order suspending the
license is liable for the same civil and criminal penalties provided for
engaging in the prohibited activity without a license or while a license
is suspended as any other license holder of the Board.
(g)
On receipt of a court or attorney general's order vacating
or staying an order suspending a license, the executive director shall promptly
issue the affected license to the individual if the individual is otherwise
qualified for the license.
(h)
The individual must pay a reinstatement fee in an amount
equal to the annual renewal fee set out in §473.3 of this title (relating
to Annual Renewal Fees) prior to issuance of the license under subsection
(g) of this section.
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 December 18, 1996.
TRD-9618422
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 305-7700
22 TAC §461.29
The Texas State Board of Examiners of Psychologists proposes
new §461.29, concerning Non-compliance with Continuing Education Requirements.
The new rule is being proposed in order to ensure that all individuals practicing
psychology pursuant to licensure with the Board are in compliance with the
mandatory continuing education required by the Psychologists' Certification
and Licensing Act.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be to increase voluntary compliance with the Board's continuing
education requirements. There will be no effect on small businesses. The
economic cost to persons who are required to comply with the section as proposed
will be in direct proportion to any penalties assessed due to the individual's
non-compliance with the section.
Comments on the proposal may be submitted to Janice C. Alvarez, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
Texas 78701, (512) 305-7700.
The new rule is proposed 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 dutie and regulations of proceedings before it.
The proposed new section does not affect other statutes, articles, or codes.
§461.29. Non-compliance with Continuing Education Requirements.
(a)
An individual who fails to comply with the Board's mandatory
continuing education requirements shall be subject to a complaint for non-compliance
with the Board's rules. If a complaint is filed against a licensee for non-compliance
and the licensee resigns in lieu of adjudication of the complaint or the
license is voided as delinquent and the licensee later applies for licensure,
the complaint shall be reinstated; and the application shall be held in abeyance
until the complaint is resolved.
(b)
Any licensee who has failed to submit proof of full compliance
with §461.11 of this section (relating to Continuing Education) shall
be referred to the investigation division pursuant to a complaint for non-compliance
with §461.15 of this title (relating to Failure to Comply with Board
Directives, Rules and Statutes) on the forty-fifth day after the original
renewal date for the license. The filing of a complaint under this provision
shall be in addition to any penalties or requirements assessed by the licensing
division for renewal.
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 December 18, 1996.
TRD-9618423
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 305-7700
22 TAC §465.1
The Texas State Board of Examiners of Psychologists proposes
an amendment to §465.1, concerning Listings. The amendment is being
proposed in order to clarify the Board's requirements for listings by individuals
being supervised by licensed psychologists, as well as the supervising psychologists.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for
state or local government as a result of enforcing the section.
Ms. Lee also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be to better inform the public and licensees of the requirements
of the Board. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Janice C. Alvarez, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
Texas 78701, (512) 305-7700.
The amendment is proposed 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.
The proposed amendment does not affect other statutes, articles, or codes.
§465.1. Listings.
(a)
Psychologists may
list on materials
relating to their practice,
[include] the names, degrees and titles
of certified psychologists, psychological associates, and other professionals
associated with their practice of psychology [on letterhead, business cards,
office signs, office doors, in brochures, office literature, and on billing
statements]. If any of these persons is being supervised by the psychologist,
the supervised status must also be
listed as required
by subsection (b) of this section
[included with the listing of the
persons' name, degree and title. One of the following must be used:
[(1)
Supervised by (name of licensed psychologist);
[(2)
Under the supervision of (name of licensed psychologist);
[(3)
The following persons are under the supervision of
(name of licensed psychologist);
[(4)
Supervisee of (name of licensed psychologist).]
(b)
It is the responsibility of both
the licensed psychologist and of any individual practicing under the supervision
of the licensed psychologist to ensure that all materials relating to the
practice of psychology upon which the supervised individual's name appears
shall clearly indicate the supervisory capacity of the individual and the
name of the licensed psychologist under whom the supervised individual is
offering psychological services by using one of the following designations:
[If any person listed is a consultant, the psychologist must have
a contractual agreement with the consultant in order to include the listing
of the person's name, degree, and title.]
(1)
Supervised
by (name of licensed psychologist);
(2)
Under the supervision of (name of licensed psychologist);
(3)
The following persons are under the supervision of (name of licensed psychologist);
or
(4)
Supervisee of (name of licensed psychologist).
(c)
Only licensed psychologists may be listed in telephone directories under
the title of "Psychologists."
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 December 18, 1996.
TRD-9618424
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 305-7700
22 TAC §465.10
The Texas State Board of Examiners of Psychologists proposes
an amendment to §465.10, concerning Applicability of the Act and Rules
of the Board to Licensees. The amendment is being proposed in order to add
language that the term "licensee" will refer to all licensees/certificands,
applicants and any other individual over whom the Board has authority.
Sherry L. Lee, executive director, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for
state or local government as a result of enforcing the section.
Ms. Lee also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be to clarify and simplify the rules. There will be no effect
on small businesses. There is no anticipated economic cost to persons who
are required to comply with the section as proposed.
Comments on the proposal may be submitted to Janice C. Alvarez, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
Texas 78701, (512) 305-7700.
The amendment is proposed 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.
The proposed amendment does not affect other statutes, articles, or codes.
§465.10. Applicability of the Act and Rules of the Board
For purposes of the rules of the Board, the
term "licensee" will include, unless the rule specifically indicates otherwise,
not only licensed psychologists, but also certified psychologists, licensed
psychological associates, licensed specialists in school psychology, applicants
to the Board and any other individual over whom the Board has the authority
to discipline under these rules
. Irrespective of any training other
than that which is primarily psychological which any [certificand or] licensee
of this Board may have completed, or any other certification or licensure
which any [certificand or] licensee of this Board may possess, or any other
professional title or label he or she may claim, anyone certified or licensed
by this Board is bound by the provisions of the Act and the rules of the
Board in rendering psychological services for compensation.
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 December 18, 1996.
TRD-9618425
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 305-7700
22 TAC §465.21
(Editor's Note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices
of the Texas State Board of Examiners of Psychologists or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Examiners of Psychologists
proposes the repeal of §465.21, concerning Inactive Status. The repeal
is being proposed because the Board is consolidating the rules dealing with
inactive status for licensees/certificands.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the repeal is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the repeal.
Ms. Lee also has determined that for each year of the first five years
the repeal is in effect the public benefit anticipated as a result of enforcing
the repeal will be to make the rules easier for licensees/certificands and
the general public to follow and understand and to better inform the public
of the Board's requirements. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the repeal as proposed.
Comments on the proposal may be submitted to Janice C. Alvarez, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
Texas 78701, (512) 305-7700.
The repeal is proposed 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.
The proposed repeal does not affect other statutes, articles, or codes.
§465.21.Inactive Status.
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 December 18, 1996.
TRD-9618426
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 305-7700
22 TAC §466.44
The Texas State Board of Examiners of Psychologists proposes
new §466.44, concerning Disciplinary Guidelines. The new rule is being
proposed in order to codify existing Board policies and practices.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be to better inform the public about the guidelines used
by the Board in imposing disciplinary sanctions. There will be no effect
on small businesses. There is no anticipated economic cost to persons who
are required to comply with the section as proposed.
Comments on the proposal may be submitted to Janice C. Alvarez, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
Texas 78701, (512) 305-7700.
The new rule is proposed 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.
The proposed new section does not affect other statutes, articles, or codes.
§466.44. Disciplinary Guidelines.
(a)
Purpose. The Purpose of the guidelines is to:
(1)
Provide guidance and a framework of analysis for administrative
law judges in the making of recommendations in contested licensure and disciplinary
matters;
(2)
Promote consistency in the exercise of sound discretion
by the Board in the imposition of sanctions in disciplinary matters ; and,
(3)
Provide guidance for the resolution of potentially
contested matters.
(b)
Limitations. This rule will be construed and applied so
as to preserve Board members' discretion in the imposition of sanctions and
remedial matters pursuant to Psychologists' Certification and Licensing Act,
§23. This rule shall be further construed and applied so as to be consistent
with the entire Psychologists' Certification and Licensing Act and shall
be limited to the extent as otherwise proscribed by state law and Board rule.
(c)
Revocation. The Board shall revoke the license of any licensee
if the Board determines that the continued practice of psychology by the
licensee poses a harm to the public.
(d)
Disciplinary Sanctions. If the Board does not revoke the
license of a licensee as part of a disciplinary matter, it may impose the
following disciplinary sanctions which are listed in descending order of
severity:
(1)
Suspension for a definite period of time;
(2)
Suspension plus probation of any or all of the suspension
period;
(3)
Probation of the license for a definite period of
time;
(4)
Reprimand for a definite period of time.
(e)
Additional conditions. As terms of any sanction imposed
by the Board upon a licensee pursuant to a disciplinary matter the Board
may, at its discretion, impose any additional conditions and/or restrictions
upon the license of the licensee that the Board deems necessary to facilitate
the rehabilitation and education of the licensee and to protect the public,
including but not limited to:
(1)
Consultation with the licensee on matters of ethics rules,
laws and standards of practice by a licensed psychologist approved by the
Board;
(2)
Restrictions on the licensee's ability to provide
certain types of psychological services or to provide psychological services
to certain classes of patients;
(3)
Restrictions on the licensee's supervision of others
in the practice of psychology;
(4)
Completion of a specified number of continuing education
hours on specified topics approved in advance by the Board in addition to
any minimum number required of all licensees as a condition of licensure;
(5)
Taking and passing with the minimum required score
of any examination required by the Board of a licensee;
(6)
Undergoing a psychological and/or medical evaluation
by a qualified professional approved in advance by the Board and undergoing
any treatment recommended pursuant to the evaluation;
(7)
Writing a research paper on a specific topic;
(8)
Any other condition reasonably related to the rehabilitation
and education of the licensee.
(f)
The length of the sanction period shall be determined by
the Board taking into account the time reasonably required to complete the
required terms and conditions set forth in the order imposing the sanction.
(g)
Aggravation. The following may be considered as aggravating
factors so as to merit more severe or restrictive sanction or action by the
Board:
(1)
Patient harm and the type and severity thereof;
(2)
Economic harm to any individual or entity and the
severity thereof;
(3)
Increased potential for harm to the public;
(4)
Attempted concealment of misconduct;
(5)
Premeditated conduct;
(6)
Intentional misconduct;
(7)
Prior written warnings or written admonishments from
any supervisor or governmental agency or official regarding statutes or regulations
pertaining to the licensee's practice of psychology;
(8)
Prior misconduct of a similar or related nature;
(9)
Disciplinary history;
(10)
Likelihood of future misconduct of a similar nature;
(11)
Violation of a Board order;
(12)
Failure to implement remedial measures to correct
or alleviate harm arising from the misconduct;
(13)
Lack of rehabilitative potential;
(14)
Motive; and,
(15)
Any relevant circumstances or facts increasing the
seriousness of the misconduct.
(h)
Extenuation and Mitigation. The absence of the circumstances
listed as subsection (g)(1)-(10) of this section, as well as the presence
of the following factors, may be considered as extenuating and mitigating
factors so as to merit less severe or less restrictive sanctions or actions
by the Board:
(1)
Self-reported and voluntary admissions of misconduct;
(2)
Implementation of remedial measures to correct or
mitigate harm arising from the misconduct;
(3)
Motive;
(4)
Rehabilitative potential;
(5)
Prior community service;
(6)
Relevant facts and circumstances reducing the seriousness
of the misconduct; and,
(7)
Relevant facts and circumstances lessening responsibility
for the misconduct.
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 December 18, 1996.
TRD-9618427
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 305-7700
22 TAC §469.2
The Texas State Board of Examiners of Psychologists proposes
an amendment to §469.2 concerning Criteria for Health Service Provider
in Psychology. The amendment is being proposed in order to put limitations
on the length of time individuals may apply for status as Health Service
Providers through the Board under criteria different from the current national
standards.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to bring the Board's criteria for certifying psychologists
as Health Service Providers into line with the Council for the National Register
of Health Service Providers in Psychology. There will be no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the rule as proposed.
Comments on the proposal may be submitted to Janice C. Alvarez, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
Texas 78701, (512) 305-7700.
The amendment is proposed 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.
The proposed amendment does not affect other statutes, articles, or codes.
§469.2. Criteria for Health Service Provider in Psychology.
(a)
After January 1, 1998, the Board
will offer the designation of Health Service Provider only to licensees who
have been previously designated as a Health Service Provider by the Council
for the National Register of Health Service Providers. The Board will continue
to recognize all individuals who were certified as Health Service Providers
by the Board prior to January 1, 1998, and remain in good standing.
[For a licensee to use the specialty certification, Health Service Provider
in Psychology, the psychologist must:]
[(1)
Have had the designation, Health Service Provider, approved
by the Texas State Board of Examiners of Psychologists prior to September
1, 1983; or
[(2)
After September 1, 1983, be currently designated
as a Health Service Provider by the Council for the National Health Register
of Health Service Providers.]
(b)
Effective
January 1, 1998
[September 12, 1983],
in order to obtain
[the
following are the Board's requirements for] specialty certification as a
Health Service Provider in Psychology
, a licensee
must
:
(1)
Hold
a current active license by the Board as a psychologist;
[The psychologist
must be currently licensed by the Texas State Board of Examiners of Psychologists.]
(2)
Have no complaints pending against him or her with any licensing agency;
and
(3)
[(2)]
Provide the Board with
[The psychologist must submit] documentation
(c)
Until January 1, 1998, in order
to obtain the specialty certification, all licensees must follow the procedure
for certification set forth in subsection b of this section except
[For] all individuals who hold a doctoral degree in psychology or the substantial
equivalent thereof as defined in §463.16 of this title (relating to
Degree Requirements for Certification of Psychologists) and were enrolled
in that doctoral degree program prior to September 1, 1983, [the following
are the Board's requirements at the time of application]
may apply
for specialty certification
by providing
to the Board
[as a Health Service Provider in Psychology]:
(1)
Proof that the
[The] psychologist
(2)
Proof that the
[The]
psychologist
has
[must have] completed not
less than two years (3,000 hours) of supervised psychological experience
in health services, of which at least one year (1,500 hours) was in an organized
health service training program or internship and one year (1,500 hours)
was at the post-doctoral level at a site where health services were provided;
[and]
(3)
Two supportive letters of recommendation from licensed
Health Service Providers in Psychology who are familiar with the applicant's
work or from health care organizations for whom the applicant has provided
health services as a psychologist are required
; and
[.]
(4)
A statement that the psychologist has no complaints pending against him or
her with any licensing agency.
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 December 18, 1996.
TRD-9618428
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 305-7700
Chapter 535.
Provisions of the Real Estate License Act
Requirements for Licensure
Telephone
Part XXI.
Texas State Board of Examiners of Psychologists
Chapter 465.
Rules of Practice
Chapter 466.
Procedure
Chapter 469.
Specialty Certification
Part XXIII.
Texas Real Estate Commission