Part III. Texas Commission on Alcohol and Drug Abuse

Chapter 150. Counselor Licensure

40 TAC §§150.1, 150.3, 150.6, 150.8, 150.9, 150.31-150.33, 150.35, 150.36, 150.38–150.40, 150.51–150.54, 150.60, 150.61, 150.71, 150.72, 150.75–150.78

The Texas Commission on Alcohol and Drug Abuse proposes amendments to §§150.1, 150.3, 150.6, 150.8, 150.9, 150.31-150.33, 150.36, 150.38, 150.39, 150.52-150.54, 150.61, 150.71 and proposes new §§150.35, 150.40, 150.51, 150.60, 150.72, 150.75-150.78 concerning Counselor Licensure. These sections contain information on the commission's authority, definitions, scope of practice, consumer information, current standing, licensure application, requirements for licensure, background investigation, graduate status, examination, licensure expiration and renewal, inactive status, retired status, provisional license, reciprocity, sanctions, suspension for failure to pay child support, civil penalty enforcement, ethical standards, pre-service education institutions registration, pre-service education institutions standards, practicum provider registration, practicum provider standards, clinical training institution registration, and clinical training institution standards.

These amendments and new sections are proposed to update citations; add new definitions and better define other terms; to specify that the current certificate of licensure must be displayed and that complaint forms must have current information regarding the commission; to clarify standards and expectations; to more completely and fully describe the application process; to simplify procedures; to clarify the applicant's responsibility in relation to remaining knowledgeable about the commission's rules; to more clearly and fully describe the licensure requirements; to expand the degrees for which the commission shall waive the 4000 hours of supervised work experience requirement; to update terms to be consistent with those used in statutory references; to add to the list of factors that will be considered in determining the present fitness of a person convicted of a crime which relates to the duties and responsibilities of a chemical dependency counselor; to establish clear parameters for graduate status; to more specifically state that an applicant may not sit for the examination more than four times in his or her lifetime; to reflect a change in procedure regarding sending examinees their test results; to update continuing education requirements to implement a new statute and to move specific course requirements to the pre-service education curriculum; to allow a higher number of continuing education hours to come from independent study or long-distance learning courses to make continuing education more easily accessible for counselors; to increase the restrictions related to inactive status to prevent abuses while accommodating counselors in difficult life situations; to create a formal process for retiring one's license in response to requests that commission create such a process; to implement a provisional licensure process as allowed by statute to accommodate qualified applicants; to clarify that the $25 surcharge for required of reciprocity applicants is in addition to the application fee; to specifically state that individuals who have had their license revoked cannot become a counselor intern during the period of revocation; to add the commission to the list of entities to whom a licensed chemical dependency counselor must report information fairly, professionally, and accurately; to provide clearer guidance regarding prohibited relationships with clients or former clients; to more fully describe registration and standards for pre-service education institutions, practicum providers and clinical training institutions; to increase the structure and standards of the entire counselor licensure training system to improve the competency and quality of care for clients; to conform to national standards regarding knowledge, skills and abilities; to improve grammar used and increase readability and understanding; and to reorganize the rules so that subjects are presented in more logical order. Pre-service education institutions, practicum providers and clinical training institutions will be allowed six months from the effective date of the rules to come into full compliance with the new provisions established in §§150.71, 150.72, and 150.75-150.78.

Terry Faye Bleier, Executive Director, has determined that for the first five-year period the rules are in effect there will be no fiscal implications for state or local government as a result of enforcing the rules.

Ms. Bleier has also determined that for each year of the first five years the rules are in effect the anticipated public benefit will be more effective licensure and training processes which will result in better qualified counselors to provide services to the chemically dependent in Texas. There is no additional effect on small businesses. There is no anticipated economic cost to persons required to comply with the proposed amendments and new rules.

Comments on the proposal may be submitted to Tamara Allen, Quality Assurance, Texas Commission on Alcohol and Drug Abuse, P. O. Box 80529, Austin, Texas 78708-0529. Comments must be received no later than 30 days from the date the proposal is published in the Texas Register .

These amendments and new rules are proposed under the Texas Occupations Code, Chapter 504, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to adopt rules for the licensure of chemical dependency counselors.

The code affected by the proposed amendments and new rules is the Texas Occupations Code, Chapter 504.

§150.1. Authority.

The commission has authority under Texas Occupations Code, Chapter 504 [ Texas Civil Statutes, Article 4512o ], to adopt and enforce rules for the licensure of chemical dependency counselors.

§150.3. Definitions.

The following terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1)

Abuse - Any act or failure to act which is done knowingly, recklessly or intentionally, including incitement to act, which caused or may have caused injury to a client. Injury may include, but is not limited to: physical injury, mental disorientation, or emotional harm, whether it is caused by physical action or verbal statement. Client abuse includes:

(A)

any sexual activity between facility personnel and a client;

(B)

corporal punishment;

(C)

nutritional or sleep deprivation,

(D)

efforts to cause fear;

(E)

the use of any form of communication to threaten, curse, shame, or degrade a client;

(F)

restraint that does not conform with these rules;

(G)

coercive or restrictive actions taken in response to the patient's request for discharge or refusal of medication or treatment that are illegal or not justified by the patient's condition; and

(H)

any other act or omission classified as abuse by the Texas Family Code, §261.001.

(2)

[ (1) ] Applicant - A person who has submitted a complete licensure application packet and paid the application fee.

(3)

[ (2) ] Application - A complete application packet as described in §150.31 of this title (relating to Licensure Application) for examination applicants and §150.52 of this title (relating to Reciprocity) for reciprocity applicants.

(4)

[ (3) ] Certified addictions registered nurse (CARN) - An individual certified as an addictions registered nurse by the National Nurses Society on Addictions.

(5)

[ (4) ] Chemical dependency counseling - Assisting an individual or group to develop an understanding of chemical dependency problems, define goals, and plan action reflecting the individual's or group's interest, abilities, and needs as affected by claimed or indicated chemical dependency problems.

(6)

[ (5) ] Client - A person who receives counseling or treatment services from a licensed chemical dependency counselor, or from an organization where the counselor is working on a paid or voluntary basis. A client's status continues for two years after services end.

(7)

[ (6) ] Clinical training institution - An individual or legal entity registered with the commission to supervise a counselor intern.

(8)

[ (7) ] Commission (TCADA) - The Texas Commission on Alcohol and Drug Abuse.

(9)

[ (8) ] Compulsive gambling - A condition marked by continuous or periodic loss of control over gambling; a progression in frequency and amount wagered and in the preoccupation with gambling and with obtaining money with which to gamble; irrational thinking; and a continuation of the behavior despite adverse consequences.

(10)

[ (9) ] Continuing education hour - At least 50 minutes of participation in an organized, systematic learning experience which deals with and is designed for the acquisition of knowledge, skills, and information.

(11)

[ (10) ] Counselor intern - A person pursuing a course of training in chemical dependency counseling at a regionally accredited institution of higher education or a registered clinical training institution who has been designated as a counselor intern by the institution. The supervised course of training includes practicum hours and supervised work experience hours that are described in writing, performed under the auspices of the institution, and performed under the direct supervision of a qualified credentialed counselor.

(12)

[ (11) ] Cultural awareness and sensitivity training - Training to improve an individual's ability to understand and interact with persons of a different culture. Culture defines the lifestyle of a distinct population and includes values, behavioral norms, and patterns of interpersonal relationships. It may be based on race, ethnicity, religion, age, gender, sexual orientation, or disability.

(13)

[ (12) ] Direct supervision - Oversight and direction of a counselor intern provided by a qualified credentialed counselor (QCC) . If the intern has less than 2,000 hours of supervised work experience, the supervisor must be on site when the intern is providing services. If the intern has at least 2,000 hours of documented supervised work experience, the supervisor may be on site or immediately accessible by telephone. The qualified credentialed counselor shall:

(A)

assume responsibility for the actions of the intern within the scope of the intern's clinical training;

(B)

be available for assistance;

(C)

conduct and document a complete review of the intern's current written work [ product ] at least weekly during the practicum and the first 1000 hours of supervised work experience, monthly during the second 1000 hours, and quarterly during the final 2000 hours ;

(D)

complete and document a session to observe the intern providing services to chemical dependency clients at least weekly during the practicum, every two weeks during the first 1000 hours of supervised work experience, monthly during the second 1000 hours, and as deemed necessary during the final 2000 hours; [ and document the observation; and ]

(E)

provide and document at least one hour of face-to-face individual or group supervision each week which includes verbal and written feedback and direction; and [ meet with the intern at least weekly to provide written and verbal feedback and direction and document the supervision. ]

(F)

sign off on all clinical assessments, treatment plans, and discharge summaries completed by the intern.

(14)

[ (13) ] DWI - Driving While Intoxicated.

(15)

Exploitation - An act or process to use, either directly or indirectly, the labor or resources of a client for monetary or personal benefit, profit or gain of another individual or organization.

(16)

Graduate - An individual who has successfully completed the 270 hours of education, 300 hour practicum, and 4,000 hours of supervised work experience but has neither received a license nor failed the examination four times.

(17)

[ (14) ] ICRC - International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse, Inc.

(18)

[ (15) ] Inactive status - A period during which counselors maintain their licenses but do not act as counselors, represent themselves as counselors, or provide counseling services.

[ (16)

Graduate - An individual who has successfully completed the 270 hours of education, 300 hour practicum, and 4,000 hours of supervised work experience but has not received a license or failed the examination four times.]

(19)

KSAs - The knowledge, skills, and attitudes of addictions counseling as defined by the Center for Substance Abuse Treatment in Technical Assistance Publication 21: Addictions Counseling Competencies: the Knowledge, Skills, and Attitudes of Professional Practice.

(20)

[ (17) ] Licensed chemical dependency counselor (LCDC) - A person who:

(A)

renders, for compensation, chemical dependency counseling or chemical dependency counseling-related services to an individual, group, organization, corporation, institution, or the general public;

(B)

implies that the person is licensed, trained, or experienced in chemical dependency counseling; and

(C)

holds a license under this chapter to offer or provide chemical dependency counseling.

(21)

[ (18) ] Licensed marriage and family therapist (LMFT) - An individual who is currently licensed as a marriage and family therapist by the Texas State Board of Examiners of Marriage and Family Therapists.

(22)

[ (19) ] Licensed master social worker (LMSW) - An individual who is licensed as a master social worker by the Texas State Board of Social Work Examiners.

(23)

[ (20) ] Licensed professional counselor - An individual licensed as a professional counselor by the Texas State Board of Examiners of Professional Counselors.

(24)

[ (21) ] Licensed psychological associate - A person licensed as a psychological associate by the Texas State Board of Examiners of Psychologists.

(25)

[ (22) ] Licensee - An individual who holds a license from the Texas Commission on Alcohol and Drug Abuse to practice chemical dependency counseling and whose license is active and not under suspension.

(26)

Neglect - Actions resulting from inattention, disregard, carelessness, ignoring or omission of reasonable consideration that caused, or might have caused, physical or emotional injury to a client. Examples of neglect include, but are not limited to:

(A)

failure to provide adequate nutrition, clothing, or health care;

(B)

failure to provide a safe environment free from abuse;

(C)

failure to maintain adequate numbers of appropriately trained staff;

(D)

failure to establish or carry out an appropriate individualized treatment plan; and

(E)

any other act or omission classified as neglect by the Texas Family Code, §261.001.

(27)

[ (23) ] Physician - A physician licensed by the Texas State Board of Medical Examiners, or a physician employed by any agency of the United States who has a license in any other state of the United States.

(28)

[ (24) ] Practicum provider - An individual or legal entity registered with the commission to supervise practicums.

(29)

[ (25) ] Pre-service educational institution - An individual or legal entity registered with the commission to provide the 270 hours of education required for licensure.

(30)

[ (26) ] Probation - A period of time during which a licensed chemical dependency counselor shall abide by special conditions established by the commission.

(31)

Provisional license - A temporary license issued by the commission to an applicant who is currently licensed in another state.

(32)

[ (27) ] Psychologist - An individual currently licensed as a psychologist by the Texas State Board of Examiners of Psychologists.

(33)

[ (28) ] Qualified credentialed counselor (QCC) - A licensed chemical dependency counselor or one of the professionals listed below:

(A)

licensed professional counselor (LPC);

(B)

licensed master social worker (LMSW);

(C)

licensed marriage and family therapist (LMFT);

(D)

licensed psychologist;

(E)

licensed physician;

(F)

certified addictions registered nurse (CARN);

(G)

licensed psychological associate; and

(H)

advance practice nurse recognized by the Board of Nurse Examiners as a clinical nurse specialist or nurse practitioner with a specialty in psyche-mental health (APN-P/MH).

(34)

[ (29) ] Related education hours - Coursework that is relevant to the practice of chemical dependency counseling, including courses in psychology, upper division sociology, counseling, mental health, behavioral science, psychiatric nursing, pharmacology, ethics, and rehabilitation counseling.

(35)

[ (30) ] Sexual exploitation - A pattern, practice, or scheme of conduct by a licensed chemical dependency counselor that may include sexual contact, that can reasonably be construed as being for the purpose of sexual arousal or gratification or sexual abuse of any person. It is not a defense to sexual exploitation of a client or former client if it occurs:

(A)

with consent of the client or former client;

(B)

outside of therapy or treatment;

(C)

off the premises used for therapy or treatment; or

(D)

within a two-year period following termination of treatment.

(36)

[ (31) ] Specific education hours to alcohol and drug (A&D) - Courses that deal directly with substances that alter the mind and/or moods, or counseling to deal with dependency or addiction to any of these substances.

(37)

[ (32) ] Supervised work experience - Documented, verifiable, work experience providing chemical dependency services within the twelve core functions which is performed by a counselor intern under the auspices of a registered clinical training institution with direct supervision from a qualified credentialed counselor. Supervised work experience may be paid or voluntary.

(38)

[ (33) ] TAADAC - See TAAP.

(39)

[ (34) ] TAAP - Texas Association of Addiction Professionals.

(40)

[ (35) ] Treatment intervention - A meeting designed to persuade a chemically dependent individual to enter treatment.

(41)

[ (36) ] Twelve [ 12 ] core functions - Screening, intake, orientation, assessment, treatment planning, counseling, case management, crisis intervention, client education, referral, report and record keeping, and consultation, defined as follows:

(A)

screening - the process by which a client is determined appropriate and eligible for admission to a particular program.

(B)

intake - the administrative and initial assessment procedures for admission to a program.

(C)

orientation - describing to the client:

(i)

general nature and goals of the program;

(ii)

rules governing client conduct and infractions that can lead to disciplinary action or discharge from the program;

(iii)

the hours services are available;

(iv)

treatment costs to be paid by the client, if any; and

(v)

clients' rights.

(D)

assessment - those procedures by which the counselor/program identifies and evaluates an individual's strengths, weaknesses, problems, and needs.

(E)

treatment planning - process by which the counselor and the client:

(i)

identify and rank problems needing resolution;

(ii)

establish agreed-upon immediate and long-term goals; and

(iii)

decide on a treatment process and the resources to be utilized.

(F)

counseling - the utilization of special skills to assist individuals, families, or groups in achieving the objectives leading to recovery through:

(i)

exploration of a chemical dependency-related problem and its ramifications;

(ii)

examination of attitudes and feelings;

(iii)

consideration of alternative solutions; and

(iv)

decision making.

(G)

case management - activities which bring services, agencies, resources, or people together within a planned framework of action toward the achievement of established goals. It may involve liaison activities and collateral contacts.

(H)

crisis intervention - those services which respond to an alcohol and/or drug abuser's needs during acute emotional and/or physical distress.

(I)

client education - provision of information to individuals and groups concerning alcohol and other drug abuse and the available services and resources.

(J)

referral - identifying the needs of the client that cannot be met by the counselor or agency and assisting the client to utilize the support systems and community resources available.

(K)

report and record keeping - charting the results of the assessment and treatment plan, and writing reports, progress notes, discharge summaries, and other client-related data.

(L)

consultation - relating with professional within one's own and other fields to assure comprehensive, quality care of the client.

§150.6. Scope of Practice.

A licensed chemical dependency counselor is licensed to provide chemical dependency services involving the application of the principles, methods, and procedures of the chemical dependency profession as defined by the profession's ethical standards and the twelve [ 12 ] core functions. The license does not qualify an individual to provide services outside this scope of practice.

§150.8. Consumer Information.

Licensed chemical dependency counselors shall keep the current certificate of licensure and public complaint notice prominently displayed in their place of business. The public complaint notice shall include:

(1)

the current name, mailing address, and telephone number of the commission; and

(2)

a statement telling consumers that a complaint against a licensed chemical dependency counselor may be filed with the commission.

§150.9. Current Standing.

(a)

A person's name and address will not appear on any list of licensed counselors produced by the commission unless the person is in good standing when the list is compiled.

(b)

Licensed chemical dependency counselors shall notify the commission in writing within 14 days of a change in address.

§150.31. Licensure Application.

(a)

A person seeking licensure through examination shall submit the application fee and a complete licensure application packet, which includes:

(1)

the commission's current application form which has been completed, signed, dated, and notarized;

(2)

a recent full-face wallet-sized photograph of the applicant;

(3)

documentation of a high school diploma or its equivalent;

(4)

required documentation that the applicant has successfully completed the 270 classroom hours of education or an acceptable college transcript as described in §150.32 of this title (relating to Requirements for Licensure) ;

(5)

required documentation that the applicant has successfully completed the 300 hour field work practicum or an acceptable college transcript as described in §150.32 of this title (relating to Requirements for Licensure) ;

(6)

two letters of recommendation from LCDCs; and

(7)

the applicant's initial letter of intent to take the licensure examination.

(b)

An application packet may be considered incomplete if documentation does not conform with the following standards.

(1)

All documents must be complete, signed, and dated. Signatures shall include credentials when required. If the documentation relates to past activity, the date of the activity shall also be recorded.

(2)

Documentation shall be permanent and legible.

(3)

When it is necessary to correct a document, the error shall be marked through with a single line, dated, and initialed by the writer. Correction fluid shall not be used.

(c)

[ (b) ] An applicant shall:

(1)

disclose and provide complete information on all misdemeanor and felony convictions;

(2)

read the commission rules (Texas Administrative Code, Title 40, Chapter 150);

(3)

follow all laws and rules, including the ethical standards; and

(4)

allow the commission to seek any additional information or references necessary.

(d)

[ (c) ] Complete application packets become the property of the commission.

(e)

[ (d) ] An application will not be accepted unless it is complete.

(1)

Incomplete documents [ licensure packets ] will be returned to the sender. The remaining documents will be held by the commission, but the application is not accepted until all outstanding documents have been completed and approved by the commission.

(2)

The application fee is not refundable and will not be returned. When resubmitting documents [ an application packet ] which were [ was ] returned to the sender as incomplete, a second application fee is not required.

(f)

By signing the application, the applicant accepts responsibility for remaining knowledgeable of licensure rules, including revisions.

(1)

Current rules are published in the Texas Administrative Code and posted on the secretary of state's web site and the commission's web site.

(2)

Proposed rule changes are published in the Texas Register and posted on the secretary of state's web site and the commission's web site.

§150.32. Requirements for Licensure.

(a)

To be eligible for a license under this chapter, a person shall:

(1)

be at least 18 years of age;

(2)

have a high school diploma or its equivalent;

(3)

successfully complete 270 classroom hours of approved curricula from a registered Pre-Service Education Institution [ which is compatible with ICRC standards ];

(4)

complete 300 hours of approved supervised field work practicum under the supervision of a registered Practicum Provider or accredited institution of higher education which is compatible with ICRC standards;

(5)

complete 4,000 hours of approved supervised experience working with chemically dependent persons at a registered Clinical Training Institution ;

(6)

submit two letters of recommendation from currently licensed chemical dependency counselors;

(7)

pass the written chemical dependency counselor examination approved by the commission;

(8)

submit an adequate, written case presentation to the test administrator;

(9)

pass an oral chemical dependency counselor examination approved by the commission;

(10)

be worthy of the public trust and confidence, as determined by the commission; and

(11)

sign a written agreement to abide by the standards of ethics contained in §150.61 of this title (relating to Ethical Standards).

(b)

Applicants holding a [ baccalaureate ] degree in chemical dependency counseling, sociology, psychology, or any other degree approved by the commission are exempt from the 270 hours of education and the 300 hour practicum. The applicant must submit an official college transcript with the official seal of the college and the signature of the registrar . Degree programs approved by the commission include baccalaureate, masters, or doctoral degrees with a course of study in human behavior/development and service delivery. [ : ]

[ (1)

baccalaureate degrees in social work, behavioral science, human development, or marriage and family that have an internship or field placement course; and]

[ (2)

master's or doctorate degrees in social work, guidance and counseling, or rehabilitation counseling.]

(c)

The commission shall waive the 4000 hours of supervised work experience for individuals who hold a 48-hour masters or doctoral degree in social work or addiction counseling. The commission may waive all or a portion of the 4000 hours of supervised work experience for individuals who hold a related 48-hour masters or doctoral degree if the commission determines that the degree program provides a level of training equivalent to the supervised work experience that is waived. These related degrees shall be reviewed on a case-by-case basis. The applicant must submit an official college transcript with the official seal of the college and the signature of the registrar, and any other related documentation requested by the commission.

[ (c)

The following requirements apply to the 270 hours of classroom education.]

[ (1)

The education shall be provided by a registered pre-service education institution. ]

[ (2)

At least 135 hours shall be specific chemical dependency education, and the remaining hours shall be related education.]

[ (3)

No more than 12 hours of education shall be obtained through independent study or long-distance learning courses. ]

[ (A)

Only related education may be obtained through independent study or long-distance learning courses.]

[ (B)

The courses shall be faculty- or instructor-guided and monitored, and students shall have access to faculty or instructors for questions and assistance in the completion of course work.]

[ (C)

Independent and long-distance learning courses are only accepted when provided by an accredited institution of higher education.]

(d)

Practicum hours and supervised work experience may be paid or voluntary.

(e)

Documentation of practicum and supervised work experience hours must include original supervision records that show accumulated hours.

(f)

[ (d) ] The following requirements apply to the 300 hour practicum.

(1)

The practicum must be completed under the supervision of a registered practicum provider or an accredited institution of higher education.

(2)

An applicant shall complete the required 270 hours of education before participating in a practicum, with one exception. Students enrolled in an accredited university, college, junior college, or community college may complete the practicum before completing the 270 hours of education if the practicum is:

(A)

part of the assigned curriculum; and

(B)

performed under the auspices of the educational institution.

(3)

The applicant must complete the practicum under the supervision of a single practicum provider or institution of higher education.

(A)

A practicum provider or an institution of higher education may contract with other facilities so that the student can obtain experience at more than one site.

(B)

The contracted sites do not need to be registered practicum providers.

(4)

The commission shall not accept a practicum without documentation from the practicum provider that shows the student successfully completed all 300 hours.

(5)

The practicum shall include at least ten hours of supervised work experience in each of the twelve [ 12 ] core functions.

[ (6)

The provider shall not require an intern to work more than 325 hours in order to accumulate the 300 required practicum hours.]

[ (7)

The provider shall give the student a written practicum schedule which includes a completion date before the practicum begins.]

[ (e)

The following requirements apply to the 4,000 hours of supervised work experience.]

[ (1)

The work experience must be part of a supervised course of training at a registered clinical training institution.]

[ (2)

An applicant cannot accumulate supervised work experience until the 270 classroom hours are complete.]

[ (3)

The applicant must be designated as a counselor intern by the clinical training institution.]

[ (4)

The work may be paid or voluntary.]

[ (f)

An unlicensed graduate has three years to complete testing and may continue to provide counseling for up to three years after the date of graduation if the graduate is working under appropriate supervision at a registered clinical training institution. Direct supervision is not required.]

§150.33. Background Investigation.

(a)

The commission conducts a background investigation on every applicant for licensure. Checks are conducted when:

(1)

an applicant has met all other requirements for licensure;

(2)

a licensed chemical dependency counselor applies for license renewal; and

(3)

the commission receives information of a possible conviction.

(b)

The commission obtains a criminal history report from the Texas Department of Public Safety. When an applicant applies through reciprocity, the commission also obtains a criminal history report from the Federal Bureau of Investigations (FBI).

(c)

The individual shall disclose and provide complete information regarding all misdemeanor and felony convictions. Failure to make full and accurate disclosure will be grounds for immediate application denial, disciplinary action, or license revocation.

(d)

Applications with criminal histories are categorized according to the seriousness of the offense. The category shall be determined by the most serious offense, as defined by law.

(1)

Category I. The following felonies:

(A)

attempted murder and homicide; and

(B)

sexual assault, including but not limited to attempted sexual assault, rape, indecency with a child, molestation, sexual assault of a child, and indecent exposure.

(2)

Category II. Felonies or misdemeanors that may result in harm to others, including but not limited to:

(A)

intoxication [ vehicular ] manslaughter;

(B)

involuntary manslaughter;

(C)

kidnapping and attempted kidnapping;

(D)

arson;

(E)

robbery;

(F)

attempted robbery;

(G)

assault (felony or misdemeanor);

(H)

theft from person (felony or misdemeanor); and

(I)

intoxication assault [ DWI involving injury or accident ].

(3)

Category III. Felonies which do not result in harm to others, including but not limited to:

(A)

any combination of three or more misdemeanors from Category IV [ II ];

(B)

burglary;

(C)

theft (felony);

(D)

three or more DWIs;

(E)

felony DWI;

(F)

larceny (felony);

(G)

forgery (felony);

(H)

possession of a controlled substance (felony);

(I)

delivery of a controlled substance (felony);

(J)

fraud/credit card abuse;

(K)

unauthorized use of a motor vehicle;

(L)

unlawfully carrying a weapon (felony or misdemeanor); [ and ]

(M)

burglary of a vehicle ; and

(N)

falsification of government documentation.

(4)

Category IV: Misdemeanors which do not result in harm to others. Three or more Category IV convictions shall be reclassified as a Category III offense. Category IV offenses include but are not limited to:

(A)

one or two DWIs;

(B)

possession of a controlled substance (misdemeanor);

(C)

disorderly conduct;

(D)

arrest and convictions resulting from traffic warrants ;

(E)

reckless damage;

(F)

resisting arrest;

(G)

theft (misdemeanor);

(H)

bad check;

(I)

prostitution;

(J)

public intoxication;

(K)

criminal mischief (misdemeanor); and

(L)

driving while license suspended

(e)

The commission shall determine if the conviction(s) are directly related to the duties and responsibilities of a chemical dependency counselor. The commission shall consider the following factors:

(1)

the nature and seriousness of the crime;

(2)

the relationship of the crime to the purposes for requiring a license to engage in chemical dependency counseling;

(3)

the extent to which a license might offer an opportunity to engage in further criminal activity of the same type; and

(4)

the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of chemical dependency counseling.

(f)

If the conviction(s) do not relate to the duties and responsibilities of a chemical dependency counselor, the commission shall process the license application according to standard procedures.

(g)

If the conviction(s) do relate to the duties and responsibilities of a chemical dependency counselor, the commission shall evaluate the present fitness of the individual to provide chemical dependency counseling.

(h)

The commission uses the following guidelines in evaluating an individual's present fitness:

(1)

An applicant with a Category I conviction should have at least 15 years since the last Category I conviction.

(2)

An applicant with a Category II conviction should have at least ten years since the last Category II conviction to be eligible for a license.

(3)

An applicant with a Category III conviction should have at least seven years since the last Category III conviction to be eligible for a license.

(4)

An applicant with a Category IV conviction should have at least five years since the last Category IV conviction to be eligible for a license.

(i)

The commission shall also consider the following factors in determining the present fitness of a person who has been convicted of a crime which relates to the duties and responsibilities of a chemical dependency counselor:

(1)

the age at the time each crime was committed;

(2)

the conduct and work history of the person before and after the criminal conviction(s);

(3)

evidence of the person's rehabilitation efforts and outcome;

(4)

the extent and nature of the past criminal history;

(5)

[ (4) ] two letters of recommendation from qualified credentialed counselors; and

(6)

[ (5) ] other evidence of fitness that may be relevant.

(j)

If the person's criminal activity is related to a history of chemical dependency, the commission will also consider the person's efforts and success in achieving and maintaining recovery. Applicants with a history of chemical dependency should demonstrate evidence of treatment or rehabilitation and at least two years of continuous recovery.

(k)

An individual whose application is denied or whose license is suspended or revoked may request a hearing under the procedures established in Chapter 142 of this title (relating to Investigations and Hearings). To the extent that the disciplinary action is based on the applicant's criminal background, the hearing shall also be governed by Texas Occupations Code , Chapter 53 [ Texas Civil Statutes, article 6252-13c ].

§150.35. Graduate Status.

(a)

An unlicensed graduate has three years from the date of graduation to complete testing.

(b)

During this period, the graduate may continue to provide counseling if the graduate is working under appropriate supervision at any registered clinical training institution. Appropriate supervision must include at least one hour of individual or group supervision weekly.

(c)

A QCC must cosign all assessments, treatment plans, and discharge summaries completed by the graduate.

(d)

A graduate who fails to obtain licensure within three years may begin the licensure process over (accumulating new educational, practicum and supervised work experience hours). However, the individual may not test more than four times in a lifetime.

§150.36. Examination.

(a)

The written and oral chemical dependency counselor examination is offered at least twice a year. An applicant may take the written and oral portions of the exam separately.

(b)

An applicant shall not sit for the examination more than four times in a lifetime. The applicant may take one or both parts of the examination at each sitting.

(c)

An individual who fails the examination four times is ineligible for licensure and cannot perform counseling, assessments, or treatment interventions.

(d)

[ (b) ] It is the applicant's responsibility to obtain testing information and send the commission a letter of intent to take the examination.

(e)

[ (c) ] To take the examination, an applicant shall complete all activities and submit all required documentation and fees by the specified deadlines. Failure to receive notice from the commission does not waive or extend examination deadlines.

(f)

[ (d) ] To be eligible for either the written or the oral examination, an applicant shall:

(1)

submit a complete application packet as defined in §151.31 and pay the application fee; and

(2)

pay the written examination fee to the test administrator before the deadline.

(g)

[ (e) ] To be eligible for the oral examination, an applicant shall also submit an acceptable case study to the test administrator.

(h)

[ (f) ] The test administrator [ commission ] shall send examinees their test results within 30 days of the examination date.

[ (g)

An applicant shall not sit for the examination more than four times. The applicant may take one or both parts of the examination at each sitting.]

[ (h)

An individual who fails the examination four times is ineligible for licensure and cannot perform counseling, assessments, or treatment interventions.]

§150.38. License Expiration and Renewal.

(a)

A license issued under this chapter is valid for two years, or until the expiration date printed on the license.

(b)

To renew a license, the counselor shall:

(1)

send a renewal application to the commission;

(2)

pay the renewal application and license fees;

(3)

pass a criminal background check; and

(4)

complete all required continuing education. [ at least 60 hours of continuing education that is related to chemical dependency and approved by the commission during the two-year licensure period. If an individual does not have six documented hours in any of the following areas, the continuing education must include: ]

[ (A)

ethics (including courses in legal and liability issues, such as confidentiality);]

[ (B)

HIV and other infectious diseases associated with chemical dependency (including tuberculosis and sexually transmitted diseases);]

[ (C)

cultural awareness and sensitivity (courses on specific ethnic cultures, cross-competency training, and racism);]

[ (D)

compulsive gambling; and]

[ (E)

sexual abuse or dual diagnosis (mental illness and chemical dependence co-morbidity).]

[ (5)

Individuals applying for licensure renewal who can show at least six education hours of documented training in any of these five topics are not required to obtain any additional hours of training in that topic. Instead, the applicant shall obtain an additional three hours of chemical dependency training to complete the required 60 hours.]

(c)

A licensed chemical dependency counselor who is also licensed as an LMSW, LMFT, LPC, physician, or psychologist shall complete at least 24 hours of continuing education during each two-year licensure period. The individual must submit a copy of the current non-LCDC licensure certificate to be eligible for this provision.

(d)

A licensed chemical dependency counselor who does not meet the criteria in paragraph (c) of this section must complete at least 60 hours of continuing education.

(e)

All continuing education hours must be specific to chemical dependency or related to chemical dependency, regardless of source.

(f)

Continuing education hours must include at least three hours of ethics training.

(g)

If an individual's job duties include clinical supervision, required hours of continuing education must include three hours of clinical supervision training.

(h)

[ (c) ] The commission will accept continuing education (CE) hours that meet the following criteria. Hours that do not meet these criteria may be evaluated on a case-by-case basis.

[ (1)

All continuing education courses must be related to chemical dependency.]

(1)

[ (2) ] The commission will accept continuing education credits from the Texas Association of Addiction Professionals and other recognized certification boards, including, but not limited to, the National Association of Drug and Alcohol Abuse Counselors, the Texas State Board of Nurse Examiners , and the Texas State Board of Social Work Examiners. Continuing education certificates must contain:

(A)

date CE hours were completed;

(B)

number of CE hours assigned to each course;

(C)

CE course title;

(D)

educational provider number;

(E)

sponsoring agency name;

(F)

signature of instructor or coordinator; and

(G)

applicant's name.

(2)

[ (3) ] The commission will also accept education hours from an accredited college or university.

(A)

College transcripts must contain the official seal of the college and the signature of the registrar.

(B)

One hour of college credit is equivalent to 15 CE hours.

(3)

[ (4) ] No more than 30 [ 12 ] hours of independent study or long-distance learning courses will be accepted.

(A)

Independent study or guided learning courses must be faculty- or instructor-guided and monitored, and include an evaluation of performance and/or participation verification. In addition, the course must be structured so that students [ must ] have access to faculty or instructors for questions and assistance in the completion of such course work.

(B)

Independent and long-distance learning courses are only accepted when provided by an accredited institution of higher education or an organization accredited by the Texas Association of Addiction Professionals or the National Association of Drug and Alcohol Abuse Counselors .

(C)

Certificates of completion must indicate that the course was a distance learning experience. If this information is not reflected on the certificate, the applicant must attach alternate documentation to the certificate when submitting it to the commission.

(4)

No more than 15 hours of CE credit will be granted for courses taught by the applicant.

(i)

[ (d) ] Renewal fees are due on or before the expiration date. A licensee who submits a late renewal application shall pay a penalty fee in addition to the renewal application and licensure fees, as provided in §150.10 of this title (relating to Fees). Failure to receive notice from the commission does not waive or extend renewal deadlines.

(j)

[ (e) ] A license cannot be renewed more than one year after the date of expiration. To obtain a new license, the person shall comply with the [ all ] requirements and procedures for obtaining an initial license , including passing the written and oral examinations. Since an individual may only sit for the oral and written examinations a maximum of four times, individuals who have already reached this lifetime limit will not be able to obtain a new license. In only one situation is a person excused from the requirement of passing the written and oral examinations . [ This includes passing the written and oral examinations, with one exception. ] If the person was licensed in Texas, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding application, the person may renew an expired license without reexamination. The person must pay a fee that is equal to two times the required renewal fee.

(k)

[ (f) ] [ A license ceases to be valid on the expiration date, unless the person has met all requirements before that date and is waiting to receive a renewal sticker. ] A person whose license has expired cannot perform counseling, assessments, or treatment interventions, represent himself or herself as an LCDC, or act in the capacity of a QCC.

§150.39. Inactive Status.

(a)

A licensee may place his or her license on inactive status by submitting a written request and paying the inactive fee before the license expires. The written request must include an attestation that the individual will not provide counseling , assessment, or treatment intervention services, use the "LCDC" credential, or otherwise represent himself or herself as a counselor while on inactive status.

(b)

Inactive status shall not be granted unless the license is current and in good standing, with no pending investigations.

(c)

Inactive status periods shall not exceed two years and cannot be renewed .

(1)

An inactive license will automatically expire at the end of the two year period.

(2)

The person must meet the eligibility criteria and pay the inactive status fee for the two-year period of inactive status.

(d)

A person on inactive status cannot perform counseling, assessments, or treatment interventions, represent himself or herself as an LCDC, or act in the capacity of a QCC. [ Individuals may not act as counselors, use the "LCDC" credential or otherwise represent themselves as counselors, or provide counseling services while on inactive status. ] A person is subject to investigation and action during the period of inactive status.

(e)

To return to active status, the person shall submit a written request to reactivate the license, a completed renewal application form, the renewal application fee and the license renewal fee, and documentation of 30 hours of continuing education within the inactive status period.

§150.40. Retired Status

(a)

A licensee who is in good standing may request his or her license be placed on retired status by submitting a written request along with the license certificate. The commission will stamp and date the license certificate as retired and return the certificate to the licensee.

(b)

After the license has been retired, the person can no longer perform counseling, assessments, or treatment interventions, represent himself or herself as an LCDC, or act in the capacity of a QCC. The individual will no longer be required to pay renewal fees or to obtain continuing education.

(c)

A retired license cannot be renewed or reinstated. To be eligible for a new license, the person would be required to apply for another license by meeting requirements in effect at the time of the application, including passing the examination.

§150.51. Provisional License.

(a)

The commission may issue a provisional license to an applicant who is currently licensed in another state. An applicant for a provisional license must:

(1)

document intent to use the provisional license to practice chemical dependency counseling in the state of Texas;

(2)

be licensed and in good standing as a chemical dependency counselor at least two years in another state, the District of Columbia, a foreign country, or a territory of the United States that has licensing requirements that are substantially equivalent to the commission's licensure requirements;

(3)

have passed a national or other examination recognized by the commission relating to the practice of chemical dependency counseling; and

(4)

be sponsored by a licensed chemical dependency counselor with whom the provisional license holder may practice.

(b)

The commission may waive the sponsorship requirement if it determines that compliance would create a hardship to the applicant.

(c)

A provisional license is valid until the date the commission approves or denies the provisional license holder's application for a license or 180 days from the date of issue, whichever occurs first. If necessary, the provisional license will be renewed until the application for licensure is approved.

§150.52. Reciprocity.

(a)

The commission may issue a license based on reciprocity if the individual:

(1)

submits an application and pays the application and licensure fees;

(2)

is at least 18 years of age;

(3)

passes the background investigation; and

(4)

is currently licensed or certified by another state as a chemical dependency counselor (or its equivalent).

(b)

The commission shall not issue a license based on reciprocity unless it finds that the licensing or certification standards of the state of origin are at least substantially equivalent to the requirements of this chapter.

(c)

The applicant must submit a copy of the reciprocal license and two letters of recommendation.

(d)

As part of the background investigation, the commission shall obtain a criminal history report from the Federal Bureau of Investigations (FBI).

(1)

The applicant shall submit a set of fingerprints obtained through an authorized law enforcement agency to the commission.

(2)

In addition to the application fee, the [ The ] applicant shall also pay a $25 surcharge to cover the cost of implementing this provision [ obtaining the criminal history report from the FBI ].

§150.53. Sanctions.

(a)

The commission shall refuse to issue or renew a license, place on probation a license holder whose license has been suspended, reprimand a license holder, or revoke or suspend a license for:

(1)

violating or assisting another to violate the statute or these rules;

(2)

circumventing or attempting to circumvent the statute or these rules;

(3)

participating, directly or indirectly, in a plan to evade the statute or these rules;

(4)

engaging in false, misleading, or deceptive conduct as defined by Business and Commerce Code, §17.46;

(5)

engaging in conduct that discredits or tends to discredit the profession of chemical dependency counseling;

(6)

revealing or causing to be revealed, directly or indirectly, a confidential communication made to the licensed chemical dependency counselor by a client or recipient of services, except as required by law;

(7)

having a license to practice chemical dependency counseling in another jurisdiction refused, suspended, or revoked for a reason that the commission finds would constitute a violation of this chapter;

(8)

refusing to perform an act or service for which the person is licensed to perform under this chapter on the basis of the client's or recipient's sex, race, religion, age, national origin, or handicaps; or

(9)

committing an act of sexual exploitation in violation of Penal Code, §12.14, or for which liability exists under Civil Practice and Remedies Code, Chapter 81.

(b)

The commission will determine the length of the probation or suspension. The commission may hold a hearing at any time and revoke the probation or suspension.

(c)

The commission may impose an administrative penalty against a licensee who violates Texas Occupations Code, Chapter 504 [ Texas Civil Statutes, Article 4512o ], or a rule or order adopted under the statute.

(d)

Surrender or expiration of a license does not interrupt the investigation or sanctions process. The individual is not eligible to regain the license until all outstanding investigations, disciplinary proceedings, or hearings are resolved.

(e)

An individual whose license has been revoked is not eligible to apply for licensure until two years have passed since the date of revocation. During the period of revocation, the individual cannot become an counselor intern.

§150.54. Suspension for Failure to Pay Child Support.

(a)

The Office of the Attorney General or a custodial parent may obtain an order suspending the license of a licensed chemical dependency counselor who:

(1)

is a non-custodial parent;

(2)

owes an amount equal to more than 90 days of past due child support, and

(3)

is not in compliance with an existing repayment plan.

(b)

On receiving a final order for suspension from the Office of the Attorney General or a court with continuing jurisdiction over the support order, the commission shall:

(1)

record the suspension in the person's file;

(2)

report the suspension as appropriate; and

(3)

demand surrender of the suspended license.

(c)

The commission shall implement the terms of the final order for suspension without additional review or hearing.

(d)

The licensee is not entitled to a refund for any fees paid.

(e)

A licensee who provides chemical dependency counseling during the period of suspension is subject to civil penalties, as provided in §150.60 [ §150.51 ] of this title (relating to Civil Penalty Enforcement [ Penalties ]).

(f)

An order suspending a license under this section does not affect the commission's power to grant, deny, suspend, revoke, terminate, or renew a license.

(g)

On receiving a final order vacating or staying an order suspending a license from the Office of the Attorney General or a court with continuing jurisdiction over the support order, the commission shall promptly re-issue the license to the person if the person is otherwise qualified for the license.

§150.60. Civil Penalty Enforcement.

(a)

A person who violates the statute (Texas Occupations Code, Chapter 504) or a rule in this chapter is subject to a civil penalty of not less than $50 nor more than $500 for each day of violation.

(b)

If a person has violated, is violating, or is threatening to violate the statute or these rules, the commission may bring a civil action in a district court for injunctive relief to restrain the violation.

§150.61. Ethical Standards.

(a)

All applicants, and licensed chemical dependency counselors shall comply with these ethical standards.

(b)

The licensed chemical dependency counselor shall not discriminate against any client or other person on the basis of gender, race, religion, age, national origin, disability, sexual orientation, or economic condition.

(c)

The licensed chemical dependency counselor shall maintain objectivity, integrity, and the highest standards in providing services to the client.

(d)

The licensed chemical dependency counselor shall:

(1)

report violations of Texas Occupations Code, Chapter 504 [ Texas Civil Statutes, Article 4512o ], or rules adopted under the statute, including violations of this section, to the commission;

(2)

recognize the limitations of his or her ability and shall not offer services outside the counselor's scope of practice or use techniques that exceed his or her professional competence; and

(3)

try to prevent the practice of chemical dependency counseling by unqualified or unauthorized persons.

(e)

The licensed chemical dependency counselor shall, not engage in the practice of chemical dependency counseling if impaired by, intoxicated by, or under the influence of chemicals, including alcohol.

(f)

The licensed chemical dependency counselor shall uphold the law and refrain from unprofessional conduct. In so doing, the licensed chemical dependency counselor shall:

(1)

comply with all applicable laws and regulations;

(2)

not make any claim, directly or by implication, that the counselor possesses professional qualifications or affiliations that the counselor does not possess;

(3)

not mislead or deceive the public or any person; and

(4)

refrain from any act which might tend to discredit the profession.

(g)

The licensed chemical dependency counselor shall:

(1)

report information fairly, professionally, and accurately to clients, other professionals, the commission, and the general public;

(2)

maintain appropriate documentation of services provided; and

(3)

provide responsible and objective training and supervision to interns and subordinates under the counselor's supervision. This includes properly documenting supervision and work experience and providing supervisory documentation needed for licensure.

(h)

In any publication, the licensed chemical dependency counselor shall give written credit to all persons or works which have contributed to or directly influenced the publication.

(i)

The licensed chemical dependency counselor shall respect a client's dignity, and shall not engage in any action that may injure the welfare of any client or person to whom the counselor is providing services. The licensed chemical dependency counselor shall:

(1)

make every effort to provide access to treatment, including advising clients about resources and services, taking into account the financial constraints of the client;

(2)

remain loyal and professionally responsible to the client at all times, disclose the counselor's ethical code of standards, and inform the client of the counselor's loyalties and responsibilities;

(3)

not engage in any activity which could be considered a professional conflict, and shall immediately remove himself or herself from such a conflict if one occurs;

(4)

terminate any professional relationship or counseling service which is not beneficial, or is in any way detrimental to the client;

(5)

always act in the best interest of the client;

(6)

not abuse, neglect, or exploit a client;

(7)

not have sexual contact with or intentionally enter into a personal or business relationship with a client (including any client receiving services from the counselor's employer) for at least two years after the client's date of discharge;

(8)

[ (6) ] not request a client to divulge confidential information that is not necessary and appropriate for the services being provided; and

(9)

[ (7) ] not offer or provide chemical dependency counseling or related services in settings or locations which are inappropriate, harmful to the client or others, or which would tend to discredit the profession of chemical dependency counseling.

(j)

The licensed chemical dependency counselor shall protect the privacy of all clients and shall not disclose confidential information without express written consent, except as permitted by law. The licensed chemical dependency counselor shall remain knowledgeable of and obey all state and federal laws and regulations relating to confidentiality of chemical dependency treatment records, and shall:

(1)

inform the client, and obtain the client's consent, before tape-recording the client, allowing another person to observe or monitor the client;

(2)

ensure the security of client records;

(3)

not discuss or divulge information obtained in clinical or consulting relationships except in appropriate settings and for professional purposes which clearly relate to the case;

(4)

avoid invasion of the privacy of the client; and

(5)

provide the client his/her rights regarding confidentiality, in writing, as part of informing the client in any areas likely to affect the client's confidentiality; and

(6)

ensure the data requested from other parties is limited to information that is necessary and appropriate to the services being provided and is accessible only to appropriate parties.

(k)

The licensed chemical dependency counselor shall inform the client about all relevant and important aspects of the professional relationship between the client and the counselor, and shall:

(1)

in the case of clients who are not their own consenters, inform the client's parent(s) or legal guardian(s) of circumstances which might influence the professional relationship;

(2)

not enter into a professional relationship with members of the counselor's family, close friends or associates, or others whose welfare might be jeopardized in any way by such relationship;

(3)

not establish a personal relationship with any client (including any individual receiving services from the counselor's employer) for at least two years after the client's date of discharge ;

(4)

neither [ not ] engage in any type or form of sexual behavior with a client (including any individual receiving services from the counselor's employer) for at least two years after the client's date of discharge nor accept as a client [ clients ] anyone with whom they have engaged in sexual behavior; and

(5)

not exploit relationships with clients for personal gain, [ including social or business relationships ].

(l)

The licensed chemical dependency counselor shall treat other professionals with respect, courtesy, and fairness, and shall:

(1)

refrain from providing or offering [ not provide or offer to provide ] professional services to a client who is receiving chemical dependency treatment from another professional, except with the knowledge of the other professional and the consent of the client, until treatment with the other professional ends;

(2)

cooperate with the commission, professional peer review groups or programs, and professional ethics committees or associations, and promptly supply all requested or relevant information unless prohibited by law; and

(3)

ensure that his/her actions in no way [ not in any way ] exploit relationships with supervisees, employees, students, research participants or volunteers.

(m)

Prior to treatment, the licensed chemical dependency counselor shall inform the client of the counselor's fee schedule and establish financial arrangements with a client. The counselor shall not:

(1)

charge exorbitant or unreasonable fees for any treatment service;

(2)

pay or receive any commission, consideration, or benefit of any kind related to the referral of a client for treatment;

(3)

use the client relationship for the purpose of personal gain, or profit, except for the normal, usual charge for treatment provided;

(4)

accept a private professional fee or any gift or gratuity from a client if the client's treatment is paid for by another funding source, or if the client is receiving treatment from a facility where the counselor provides services (unless all parties agree to the arrangement in writing).

§150.71.Pre-Service Education Institutions (PSEI) Registration .

(a)

To become a pre-service education institution (PSEI), an organization must submit a complete application and agree to comply with commission requirements described in the application packet. An organization that is not in good standing with the appropriate licensing and regulatory authorities is not eligible to become a PSEI.

(b)

The application shall include the course syllabus for each 45-hour course.

(c)

[ (b) ] The PSEI shall receive the registration letter and PSEI number before training begins.

(d)

Approval allows the organization to provide education at any of the sites listed on the application.

(e)

[ (c) ] The approval is valid for two years. The PSEI shall reapply every two years by submitting the Application Update Form provided by the commission. The commission may mail a courtesy notice, but it is the PSEI's responsibility to reapply at least 45 days before the expiration date.

(f)

[ (d) ] The PSEI shall notify the commission in writing within 30 days of any changes from the information submitted on the initial or renewal application. This includes:

(1)

closure of the education program;

(2)

addition of a new education site; or

(3)

a change in the organization's name.

(g)

[ (e) ] The commission may withdraw approval if the PSEI fails to comply with all applicable commission rules [ minimum requirements ].

(h)

A PSEI may also provide the practicum, providing the organization registers as a Practicum Provider.

§150.72. Pre-Service Education Institutions (PSEI) Standards.

(a)

Training Curriculum Framework.

(1)

All Pre-Service Education Institutions (PSEIs) shall adopt and implement a curriculum that conforms with the training curricula framework approved by the commission.

(2)

Each PSEI shall offer six 45-hour units of instruction consistent with the curriculum framework.

(3)

Courses must be non-repetitive in structure.

(4)

The PSEI must develop a syllabus that shows each week's text, teaching goals and objectives, and teaching methods. The syllabus for each class must be given to each student at the beginning of the course.

(5)

Each 45-hour course must run on a 50-minute hour allowing adequate time for breaks.

(6)

No more than 45 hours of education shall be offered through independent study or long-distance learning courses.

(A)

The courses shall be faculty- or instructor-guided and monitored, and students shall have access to faculty or instructors for questions and assistance in the completion of course work.

(B)

Independent and long-distance learning courses are only accepted when provided by an accredited institution of higher education or an organization accredited by the Texas Association of Addiction Professionals or the National Association of Drug and Alcohol Abuse Counselors.

(b)

Admission. The PSEI shall establish and implement admission criteria.

(1)

All students must have a minimum of a high school diploma or GED.

(2)

The PSEI shall maintain documentation that each student admitted to the program meets the admission criteria.

(3)

The provider shall give each applicant a copy of the commission's rules and explain the requirements related to Background Investigations so the applicant can make an informed decision whether or not to pursue education.

(c)

Accessibility. The PSEI shall comply with the Americans with Disabilities Act to accommodate disabled students.

(d)

Record Keeping. The PSEI shall maintain attendance and graduation records on each student for four years. These records shall include:

(1)

student name and address;

(2)

signed copies of the financial policy and the students' rights and obligations;

(3)

copy of high school diploma or GED;

(4)

attendance records for each 45-hour course;

(5)

certificates documenting successful completion for each 45-hour course; and

(6)

student evaluation of instructors and course content for each 45-hour course.

(e)

Student Rights. The PSEI must give each student a handbook explaining student rights and obligations. The handbook shall include:

(1)

refund policy;

(2)

attendance policy;

(3)

homework obligations;

(4)

grading system; and

(5)

grievance procedure which includes the right to file a complaint with the commission if the grievance process has been exhausted.

(f)

Attendance Policies. Students must attend 85% (38 hours) of each course in order to obtain credit.

(1)

Students that are absent must be allowed to make up at least 10% (5 hours) of the course. Make-up work may include a report and/or completion of a project that relates to the material covered on the missed class days.

(2)

After 15% (7 hours) of a 45-hour course has been missed (and not made up), the student cannot earn credit. The course must be repeated in order to grant the student credit.

(3)

Partial credit cannot be given for any course.

(g)

Financial Policies. The PSEI must have a written policy regarding fees and refunds. A copy of the policy shall be given to each student at enrollment, and the student shall indicate receipt and understanding of the policy by his/her signature.

(h)

Hours and Credits.

(1)

The PSEI must offer all 270 hours of instruction within a 24-month period.

(2)

Courses must be scheduled at least 30 days in advance.

(i)

Teaching Modalities. Each course must have a balanced teaching approach that includes visual, auditory, and kinesthetic modalities. A course shall not include more than nine hours of video presentations.

(j)

Student Evaluation. The PSEI shall give each student a grade for each course reflecting achievement of course objectives.

(1)

The grade shall be based 30% on homework assignments, 30% on class projects and quizzes, and 40% on tests.

(2)

The PSEI shall give students a progress report halfway through the semester that includes the average grade based on performance to date.

(3)

A final grade below 70 shall result in no credit for the course. The student must repeat the course and receive a grade of at least 70 to receive credit.

(k)

Certificates of Completion. Each student who successfully completes a 45-hour course shall receive a certificate of completion.

(1)

The provider shall issue sequentially numbered certificates and maintain a log of the certificates issued.

(2)

Certificates shall be issued in person or by mail within 14 days of the last day of instruction.

(l)

Instructors. Every instructor shall be a Qualified Credentialed Counselor with documented experience or training in teaching or workshop presentation facilitation.

(m)

Instructor Evaluation. The PSEI coordinator shall evaluate each instructor at the end of each course. If performance is below standards, the PSEI shall work with the instructor to develop and implement an appropriate plan for professional development.

(n)

The PSEI shall use all forms mandated by the commission.

§150.75. Practicum Provider Registration.

(a)

To become a practicum provider, an organization must submit a complete application and agree to comply with the requirements in this section. An organization that is not in good standing with the appropriate licensing and regulatory authorities is not eligible to become a practicum provider.

(b)

If treatment is provided on site, the practicum provider must be either licensed to provide chemical dependency treatment or exempt from licensure.

(c)

The provider shall receive the registration letter and practicum provider number before training begins.

(d)

Approval allows the organization to provide practicum supervision at any of the programs or sites listed on the application.

(e)

The approval is valid for two years. The practicum provider shall reapply every two years by submitting the Application Update Form provided by the commission. The commission may mail a courtesy notice, but it is the provider's responsibility to reapply at least 45 days before the expiration date.

(f)

The provider shall notify the commission in writing within 30 days of any changes from the information submitted on the initial or renewal application. This includes:

(1)

establishment of additional training sites;

(2)

closure of the training program; and

(3)

a change in the organization's name.

(g)

The commission may withdraw approval if the practicum provider fails to comply with all applicable commission rules.

§150.76. Practicum Provider Standards.

(a)

The practicum provider shall establish admission criteria. No applicant shall be admitted without:

(1)

documentation that the applicant has successfully completed the 270 hours of required classroom education; and

(2)

a signed ethics agreement which is consistent with the LCDC Ethical Standards in §150.61 of this title (relating to Ethical Standards).

(b)

The practicum provider shall appoint a single practicum coordinator who is a qualified credentialed counselor (QCC). The practicum coordinator shall oversee all training activities and ensure compliance with commission requirements and rules.

(c)

The practicum provider shall develop a written training curriculum.

(1)

The training program shall document learning objectives, learning activities, and the estimated number of hours of experience in each of the twelve core functions.

(2)

All training shall be provided by QCCs.

(3)

Training may be provided through formal agreements with other agencies if the practicum provider agency does not perform all of the twelve core functions. These agencies do not need to be registered practicum providers. All contractual agreements must be documented and available for review by the commission upon request.

(4)

Although the practicum may involve multiple sites and facilities, all practicum credit is awarded under a single practicum provider number and the designated practicum coordinator maintains responsibility for the overall practicum training.

(5)

An intern must complete all 300 hours of the practicum with a single approved practicum provider. A practicum provider cannot grant partial credit for a practicum.

(d)

All interns shall work under the direct supervision of a qualified credentialed counselor (QCC). During the practicum the supervisor must:

(1)

be on duty at the program site where the intern is working;

(2)

observe and document the intern performing assigned activities at least once per week;

(3)

conduct and document a weekly review of all of the intern's written work produced since the previous review;

(4)

provide and document one hour of face-to-face individual or group supervision each week which includes verbal and written feedback and direction; and

(5)

sign off on all clinical assessments, treatment plans, and discharge summaries completed by the intern.

(e)

A single QCC shall not supervise more than five interns.

(f)

Each practicum supervisor must obtain three hours of continuing education in clinical supervision every two years.

(g)

The QCC shall evaluate each intern's progress in writing and provide the intern with appropriate information and guidance.

(1)

The practicum coordinator will complete written evaluations with input from other QCCs who have provided direct supervision for the intern.

(2)

The coordinator will complete a Practicum Student Evaluation Form and a Supervised Field Work Practicum Documentation of Hours Form for each intern. This information must be given to the intern no later than 10 business days after the date the intern completes all practicum requirements.

(3)

All documentation must be completed on current, commission-approved forms. The practicum provider shall use all forms mandated by the commission.

(h)

The provider shall not allow an intern to accrue more than 40 practicum hours per week.

(i)

The provider shall not require an intern to work more than 325 hours in order to accumulate the 300 required practicum hours.

(j)

The provider shall give the student a written practicum schedule that includes a completion date before the practicum begins.

(k)

The provider shall give each student the commission's Student Practicum Assessment Form with instructions to complete the assessment and mail it directly to the commission's counselor licensure department.

(l)

The practicum provider shall inform students of testing requirements and procedures, as well as testing schedules and information provided by the commission.

(m)

The practicum provider shall maintain the following documentation for four years:

(1)

curricula;

(2)

letters of agreement with other agencies (if applicable);

(3)

verification of current credentials of all training personnel;

(4)

supervision assignments;

(5)

documentation of supervisor continuing education; and

(6)

student files, which shall include:

(A)

application and documentation of eligibility;

(B)

ethics agreement signed by the student;

(C)

documentation of all supervision activities;

(D)

documentation of accumulated hours in each of the twelve core functions;

(E)

copy of the Practicum Documentation Form; and

(F)

copy of the Practicum Student Evaluation Form.

§150.77. Clinical Training Institution Registration.

(a)

To become a clinical training institution (CTI), an organization must submit a complete application and agree to comply with the standards in this section. An organization that is not in good standing with the appropriate licensing and regulatory authorities is not eligible to become a CTI.

(b)

If treatment is provided on site, the CTI must be either licensed to provide chemical dependency treatment or exempt from licensure.

(c)

The CTI must provide nine of the twelve core functions, including assessment and counseling, and serve a predominantly substance-abusing population.

(d)

The CTI shall receive the registration letter and CTI number before training begins.

(e)

Approval allows the organization to provide clinical training at any of the programs or sites listed on the application.

(f)

The approval is valid for two years. The CTI shall reapply every two years by submitting the Application Update Form provided by the commission. The commission may mail a courtesy notice, but it is the CTI's responsibility to reapply at least 45 days before the expiration date.

(g)

The CTI shall notify the commission in writing within 30 days of any changes from the information submitted on the initial or renewal application. This includes:

(1)

establishment of additional training sites;

(2)

closure of the training program; and

(3)

a change in the organization's name.

(h)

The commission may withdraw approval if the CTI fails to comply with all applicable commission rules.

§150.78. Clinical Training Institution Standards.

(a)

The CTI shall establish admission criteria. No applicant shall be admitted without:

(1)

documentation that the applicant has successfully completed the 270 hours of required classroom education and the 300 hour practicum or an official college transcript showing a degree that qualifies for waiver of these requirements as described in §150.32 (relating to Requirements for Licensure); and

(2)

a signed ethics agreement which is consistent with the LCDC Ethical Standards in §150.61 of this title (relating to Ethical Standards).

(b)

The CTI shall appoint a single CTI coordinator who is a qualified credentialed counselor (QCC). The CTI coordinator shall oversee all training activities and ensure compliance with commission requirements and rules.

(c)

The CTI shall establish the following level system to classify interns according to hours of supervised work experience:

(1)

Level I: 0-1000 hours of work experience;

(2)

Level II: 1001-2000 hours of work experience; and

(3)

Level III: 2001-4000 hours of work experience.

(d)

The CTI shall designate each intern's level in writing and provide the intern with a copy of the documentation.

(e)

The CTI shall develop an outline of reading assignments and training activities for each KSA domain.

(f)

The CTI shall work with the intern to establish goals using the commission's KSA evaluation tool as a guideline.

(1)

The clinical supervisor and the intern shall set weekly objectives based on areas that need improvement.

(2)

Clinical training activities shall be assigned to each intern which relate to the intern's KSA goals and objectives.

(3)

The clinical supervisor shall monitor the intern's progress towards goals and objectives and provide verbal and written feedback during weekly supervision meetings.

(4)

The supervisor shall provide reading and/or video assignments that address areas needing improvement. The CTI shall allow the intern two hours per month to complete these assignments.

(g)

The CTI shall use the commission's KSA evaluation tool to evaluate intern progress and provide feedback.

(1)

The intern shall complete a written KSA self-evaluation during the first 50 hours of work experience.

(2)

The clinical supervisor and the intern shall complete and discuss a written KSA evaluation at the completion of each level of experience (after 1000 hours, 2000 hours, and 4000 hours).

(h)

All interns shall work under the direct supervision of a qualified credentialed counselor (QCC).

(1)

During an intern's first 1000 hours of supervised work experience (Level I), the supervisor must:

(A)

be on duty at the program site where the intern is working;

(B)

observe and document the intern performing assigned activities at least once every two weeks;

(C)

conduct and document a weekly review of all of the intern's written work produced since the previous review;

(D)

provide and document one hour of face-to-face individual or group supervision each week; and

(E)

sign off on all clinical assessments, treatment plans, and discharge summaries completed by the intern.

(2)

During an intern's second 1000 hours of supervised work experience (Level II), the supervisor must:

(A)

be on duty at the program site where the intern is working;

(B)

observe and document the intern performing assigned activities at least once every month;

(C)

conduct and document a monthly review of the intern's current written work;

(D)

provide and document one hour of face-to-face individual or group supervision each week; and

(E)

sign off on all clinical assessments, treatment plans, and discharge summaries completed by the intern.

(3)

During an intern's last 2000 hours of supervised work experience (Level III), the supervisor must:

(A)

be available by phone while the intern is working;

(B)

observe and document the intern performing assigned activities as determined necessary by the CTI coordinator;

(C)

conduct and document a quarterly review of all of the intern's current written work;

(D)

provide and document one hour of face-to-face individual or group supervision each week; and

(E)

sign off on all clinical assessments, treatment plans, and discharge summaries completed by the intern.

(i)

Each clinical supervisor must obtain three hours of continuing education in clinical supervision every two years.

(j)

A single QCC shall not supervise more than five interns.

(k)

The CTI shall inform students of testing requirements and procedures, as well as testing schedules and information provided by the commission.

(l)

The CTI shall review and sign each intern's Supervised Work Experience Form(s).

(m)

The CTI shall not allow an intern to accrue more than 40 hours of supervised work experience per week.

(n)

Only work experience primarily related to chemical dependency counseling and other core functions can be counted towards supervised work experience.

(o)

The provider shall give each student the commission's Student CTI Assessment Form with instructions to complete the assessment and mail it directly to the commission's counselor licensure department.

(p)

The CTI shall use all forms mandated by the commission.

(q)

The CTI shall maintain the following documentation for four years:

(1)

curricula;

(2)

verification of current credentials of all training personnel;

(3)

supervision assignments; and

(4)

intern files, which shall include:

(A)

application and documentation of eligibility;

(B)

ethics agreement signed by the student;

(C)

copies of KSA evaluations;

(D)

documentation of all supervision activities;

(E)

documentation of intern levels and accumulated hours;

(F)

copy of the Supervised Work Experience Form (when applicable).

(r)

The CTI shall give the student a copy of all information contained in the intern file.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on August 11, 1999.

TRD-9905056

Mark Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Earliest possible date of adoption: September 26, 1999

For further information, please call: (512) 349-6733

40 TAC §§150.51, 150.72, 150.73

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Commission on Alcohol and Drug Abuse or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Commission on Alcohol and Drug Abuse proposes the repeal of §§150.51, 150.72 and 150.73 concerning Counselor Licensure. These sections contain information on civil penalty enforcement, clinical training institutions and practicum providers. These repeals are proposed because this chapter is being reorganized to a more logical sequence and the requirements in these sections will be incorporated into new sections that are proposed concurrently.

Terry Bleier, 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 the proposed repeals.

Ms. Bleier has also determined that for each year of the first five years the repeal is in effect the anticipated public benefit will be that the requirements contained in these sections will be presented in the counselor licensure rules in a way that is more understandable. There will be no effect on small businesses. There is no anticipated economic cost to current providers.

Comments on the proposal may be submitted to Tamara Allen, Quality Assurance, Texas Commission on Alcohol and Drug Abuse, P. O. Box 80529, Austin, Texas 78708-0529. Comments must be received no later than 30 days from the date the proposal is published in the Texas Register .

These repeals are proposed under the Texas Occupations Code, Chapter 504, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to adopt rules for the licensure of chemical dependency counselors.

The code affected by the proposed repeals is the Texas Occupations Code, Chapter 504.

§150.51. Civil Penalty Enforcement.

§150.72. Clinical Training Institutions.

§150.73. Practicum Providers.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on August 11, 1999.

TRD-9905057

Mark Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Earliest possible date of adoption: September 26, 1999

For further information, please call: (512) 349-6733

Chapter 163. Vocational Rehabilitation Program

The Texas Commission for the Blind proposes the amendment of §§163.4, 163.11-163.14, 163.18, 163.25, 163.26, 163.28, 163.34, 163.36 - 163.38, 163.40, 163.52 and the repeal of §163.15 regarding the Vocational Rehabilitation Program. The amendments and repeal are proposed to bring the agency's state rules into conformance with 1998 amendments to the Rehabilitation Act of 1973. The proposed amendments are predominately the result of changes in terminology in the Act. What was formerly known as an "individualized written rehabilitation program" has been changed to an "individualized plan for employment." Section 163.18 contains the new mandatory components of a consumer's plan. The repeal of §163.15 is proposed because references to extended evaluations have been deleted in the Act.

Robert A. Packard, Deputy Director of Administrative Services, has determined that for the first five years the rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Mr. Packard has also determined that for each year of the first five years the rule as proposed is in effect the public benefits anticipated as a result of enforcing the rules will be a state rule base that conforms to federal law, which is required to derive the full benefits to the state of the federal program. There will be no effect on small businesses. There is no anticipated economic cost to individuals who are required to comply with the rule.

Questions about the content of this proposal may be directed to Jean Crecelius at (512) 459-2611 and written comments on the proposal may be submitted to Policy and Rules Coordinator, P. O. Box 12866, Austin, Texas 78711, within 30 days from the date of this publication.

Subchapter A. General Information

40 TAC §163.4

The amendments are proposed under Human Resources Code, Title 5, §91.011, which authorizes the Commission to adopt rules prescribing the policies and procedures followed by the Commission in the administration of its programs.

The amendments also affect Human Resources Code §91.053 and §91.055.

§163.4.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1)-(4)

(No change.)

(5)

Comparable services and benefits -- Services and benefits that are provided or paid for, in whole or in part, by other federal, state, or local public agencies, by health insurance, or by employee benefits; available to the consumer at the time needed to achieve the intermediate rehabilitation objectives in the individual's individualized plan for employment (IPE) [ written rehabilitation program (IWRP) ]; and commensurate to the services that the consumer would otherwise receive from the commission.

(6)-(14)

(No change.)

(15)

Individual with a most significant [ severe ] disability -- An individual with a significant [ severe ] disability who:

(A)

is seriously limited in four or more functional capacities (such as the inability to obtain or retain employment independently, obtain a driver's license without special optical accommodations, care for self independently, access standard print, travel independently, socially interact with others, access technology without special adaptations, or manage one's home independently) in terms of an employment outcome;

(B)

requires, in addition to comprehensive assessment, counseling, guidance, and employment assistance, at least four other substantial VR services; and

(C)

needs services for a period of at least six months.

(16)

Individual with a significant [ severe ] disability -- An individual with a disability:

(A)

Who has a severe physical or mental impairment that seriously limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome;

(B)

Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and

(C)

Who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders (including stroke and epilepsy), spinal cord conditions (including paraplegia and quadriplegia), sickle cell anemia, specific learning disability, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs to cause comparable substantial functional limitation.

(17)

Individualized Plan for Employment (IPE) [ Written Rehabilitation Program (IWRP) ] -- A written record that documents all phases of the consumer's rehabilitation process as developed by the counselor and the consumer.

(18)

Maintenance -- Monetary support authorized in an IPE [ IWRP ] for those expenses, such as food, shelter, clothing, that are in excess of the normal expenses of a consumer or an applicant receiving extended evaluation services and that are necessitated by the person's participation in a program of vocational rehabilitation services.

(19)

Ongoing support services -- As used in the definition of "supported employment," services that are needed to support and maintain a person with a most significant [ severe ] disability in supported employment, identified based on a determination by the commission of the person's needs as specified in an IPE [ IWRP ]; and furnished by the commission from the time of job placement until transition to extended services, unless post-transition services are provided, following transition; and thereafter by one or more extended services providers throughout the person's term of employment in a particular job placement or multiple placements if those placements are being provided under a program of transitional employment.

(20)-(28)

(No change.)

(29)

Supported employment -- Competitive work in an integrated setting with ongoing support services for individuals with the most significant [ severe ] disabilities for whom competitive employment has not traditionally occurred, or for whom competitive employment has been interrupted or intermittent as a result of a significant [ severe ] disability; and who, because of the nature and severity of their disabilities, need intensive supported employment services and extended services after transition in order to perform this work, or transitional employment for individuals with the most significant [ severe ] disabilities due to mental illness.

(30)

Supported employment services -- Ongoing support services and other appropriate services needed to support and maintain an individual with a most significant [ severe ] disability in supported employment.

(31)-(32)

(No change.)

(33)

Transportation -- Travel and related expenses that are necessary to enable a person to participate in a [ any ]vocational rehabilitation service.

(34)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on August 13, 1999.

TRD-9905113

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Earliest possible date of adoption: September 26, 1999

For further information, please call: (512) 459-2611

40 TAC §§163.11-163.14, 163.18

The amendments are proposed under Human Resources Code, Title 5, §91.011, which authorizes the Commission to adopt rules prescribing the policies and procedures followed by the Commission in the administration of its programs.

The amendments also affect Human Resources Code §91.053 and §91.055.

§163.11.Eligibility.

(a)

An applicant's eligibility for vocational rehabilitation services shall be based on the following requirements:

(1)

The applicant must have a visual impairment.

(2)

The applicant's visual impairment must constitute or result in a substantial impediment to employment for the applicant.

(3)

Subject to §163.12 of this title (relating to Presumption of Benefit), the applicant must be capable of benefiting in terms of an employment outcome from the provision of vocational rehabilitation services.

(4)

The applicant must require vocational rehabilitation services to secure, retain, or regain employment [ prepare for, enter into, engage in, or retain gainful employment consistent with the applicant's strengths, resources, priorities, concerns, abilities, capabilities, and informed choice ].

(b)-(e)

(No change.)

§163.12.Presumption of Benefit.

(a)

An applicant shall be presumed capable of benefiting in terms of an employment outcome unless the commission demonstrates, based on clear and convincing evidence, that the applicant is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services. With respect to situations in which the issue concerns the severity of the applicant's disability and potential for employment outcome, the commission shall explore the individual's abilities, capabilities, and capacity to perform in work situations through the use of trial work experiences [ conducts an extended evaluation pursuant to provisions in §163.15 of this title (relating to Extended Evaluation for Persons with Severe Disabilities) ].

(b)

(No change.)

(c)

Upon receiving appropriate evidence that establishes the applicant's eligibility for benefits under title II or title XVI of the Social Security Act due to blindness and the person has indicated a willingness to work , the commission presumes that the applicant meets the [ first two ] basic eligibility requirements in subsection (a) of §163.11 of this title (relating to Eligibility)[ ; however, the applicant must meet the remaining eligibility requirements ].

§163.13.Eligibility Determination Time Frame.

(a)

(No change.)

(b)

Exceptions to exceeding the 60-day time frame for determining eligibility or ineligibility may occur only when:

(1)

the commission notifies the applicant that unforeseen circumstances beyond the control of the commission preclude the commission from completing the determination in 60 days; and

(2)

the applicant, or the applicant's representative, as appropriate, agrees to a specific extension of time; or

(3)

the commission is exploring an individual's abilities, capabilities, and capacity to perform in work situations [ determination is made that an extended evaluation is necessary to determine the individual's eligibility for vocational rehabilitation services and the nature and scope of services needed ].

(c)

(No change.)

§163.14.Data for Eligibility Determination.

(a)

The [ Except as provided in §163.15 of this title (relating to Extended Evaluation for Persons with Severe Disabilities, the ] commission bases its determination of eligibility on existing data, including information provided by the applicant or the applicant's family, education records, information used by the Social Security Administration, and, to the extent appropriate and available, determinations made by officials of other agencies.

(b)

(No change.)

§163.18.Individualized Plan for Employment (IPE) )[ Written Rehabilitation Program (IWRP) ].

(a)

All IPE's shall be written on the form prescribed by the commission for this purpose. [ The IWRP and all subsequent amendments shall be developed jointly by the counselor and consumer or, as appropriate, the consumer's representative. ]

(b)

The commission shall advise each consumer or, as appropriate, the consumer's representative, of the consumer's options and all commission procedures and requirements affecting the development and review of an IPE [ IWRP ], including the availability of special modes of communication.

(c)

In developing an IPE [ IWRP ], for a student with a disability who is receiving special education services, the commission shall consider the student's individualized education program.

(d)

The IPE [ IWRP ], shall be reviewed with the consumer, or as appropriate, the consumer's representative, as often as necessary, but at least once each year, to assess the consumer's progress in meeting the objectives identified in the IPE [ IWRP ].

(e)

All substantive revisions necessary to reflect changes in the consumer's employment outcome, specific vocational rehabilitation services, service providers, and the methods used to procure services shall be incorporated into the consumer's IPE. [ The counselor shall incorporate into the IWRP any revisions that are necessary to reflect changes in the consumer's vocational goal, intermediate objectives or vocational needs. ]

(f)

The counselor shall provide the consumer, or, as appropriate, the consumer's representative, with a copy of the IPE [ IWRP ], and its amendments, in the mode of communication specified by the consumer or representative .

(g)

The data used for preparing the IPE [ IWRP ] shall be the information necessary to satisfy federal requirements and to adequately document a consumer's plan of services. Regardless of the approach selected by an eligible individual to develop an IPE, an individualized plan for employment shall, at a minimum, contain the following mandatory components:

(1)

a description of the consumer's specific employment outcome;

(2)

a description of the specific vocational rehabilitation services that are needed to achieve the employment outcome, including, as appropriate, the provision of assistive technology devices and assistive technology services, and personal assistance services, including training in the management of such services; and timelines for the achievement of the employment outcome and for the initiation of the services;

(3)

a description of the entity chosen by the consumer or, as appropriate, the individual's representative, that will provide the vocational rehabilitation services, and the methods used to procure such services;

(4)

a description of criteria to evaluate progress toward achievement of the employment outcome;

(5)

the terms and conditions of the IPE, including, as appropriate, information describing:

(A)

the responsibilities of the Commission;

(B)

the responsibilities of the consumer, including:

(i)

the responsibilities the consumer will assume in relation to the employment outcome of the individual;

(ii)

if applicable, the participation of the consumer in paying for the costs of the plan; and

(iii)

the responsibility of the consumer with regard to applying for and securing comparable benefits; and

(iv)

the responsibilities of other entities as the result of arrangements made pursuant to comparable services or benefits;

(6)

for a consumer with the most significant disabilities for whom an employment outcome in a supported employment setting has been determined to be appropriate, information identifying:

(A)

the extended services needed by the eligible individual; and

(B)

the source of extended services or, to the extent that the source of the extended services cannot be identified at the time of the development of the individualized plan for employment, a description of the basis for concluding that there is a reasonable expectation that such source will become available; and

(7)

as determined to be necessary, a statement of projected need for post-employment services.

(h)

Prior to suspending, reducing, or terminating any planned service in the IPE [ IWRP ], the agency shall send written notification of intent to the consumer's last known address.

(i)

(No change.)

(j)

The Commission shall not institute a suspension, reduction, or termination of services being provided under an IPE [ IWRP ] in instances in which the consumer has filed a request for a formal hearing or informal review, pending final resolution unless the individual or, in an appropriate case, the individual's representative so requests or the agency has evidence that the services have been obtained through misrepresentation, fraud, collusion, or criminal conduct on the part of the individual.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on August 13, 1999.

TRD-9905114

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Earliest possible date of adoption: September 26, 1999

For further information, please call: (512) 459-2611

40 TAC §163.15

(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 Commission for the Blind or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal is proposed under Human Resources Code, Title 5, §91.011, which authorizes the Commission to adopt rules prescribing the policies and procedures followed by the Commission in the administration of its programs.

The amendments also affect Human Resources Code §91.053 and §91.055.

§163.15.Extended Evaluation for Persons with Severe Disabilities.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on August 13, 1999.

TRD-9905115

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Earliest possible date of adoption: September 26, 1999

For further information, please call: (512) 459-2611

40 TAC §§163.25, 163.26, 163.28, 163.34, 163.36-163.38, 163.40

The amendments are proposed under Human Resources Code, Title 5, §91.011, which authorizes the Commission to adopt rules prescribing the policies and procedures followed by the Commission in the administration of its programs.

The amendments also affect Human Resources Code §91.053 and §91.055.

§163.25.Goods and Services.

(a)

(No change.)

(b)

Services are provided only when planned in advance and contained in the consumer's IPE [ IWRP ].

(c)

Subject to the limitation prescribed in subsection (b) of this section, the following vocational rehabilitation services are available on an as-needed basis:

(1)-(19)

(No change.)

(20)

technical assistance and other consultation services. [ other goods and services determined necessary for the individual with a disability to achieve an employment outcome. ]

(d)

If comparable services or benefits exist under any other program and are available to the consumer at the time needed to achieve the rehabilitation objectives in the individual's IPE [ IWRP ], the commission shall use those comparable services or benefits to meet, in whole or in part, the cost of vocational rehabilitation services.

(e)

If comparable services or benefits exist under any other program, but are not available to the consumer at the time needed to satisfy the rehabilitation objectives in the individual's IPE [ IWRP ], the commission shall provide vocational rehabilitation services until those comparable services and benefits become available.

(f)-(g)

(No change.)

§163.26.Assessment for Determining Eligibility, Vocational Rehabilitation Needs, and Assessment for Rehabilitation Technology.

(a)

The commission conducts assessments for determining eligibility, vocational rehabilitation needs, and, if necessary, rehabilitation technology for each consumer in order to develop an IPE [ IWRP ], that is designed to achieve the consumer's vocational goal. The vocational goal shall be an employment outcome that is consistent with the person's unique strengths, resources, priorities, concerns, abilities, capabilities, and career interests.

(b)

If additional data are necessary to prepare an IPE [ IWRP ], the commission conducts a comprehensive assessment of the consumer's unique strengths, resources, priorities, interests, and needs, including the need for supported employment services, in the most integrated setting possible, consistent with the informed choice of the consumer.

(c)-(d)

(No change.)

§163.28.Vocational and Other Training Services.

(a)

(No change.)

(b)

Academic training in institutions of higher education (universities, colleges, community or junior colleges, vocational schools, technical institutes, or hospital schools of nursing) shall be subject to the following:

(1)

Academic training in vocational schools and technical institutes shall be provided only in schools that are certified by the State of Texas.

(2)

No academic training shall be paid from vocational rehabilitation funds unless maximum efforts have been made by the agency and the consumer to secure grant assistance in whole or in part from other sources to pay for such training.

(3)

The consumer must contact the college or university and apply for any available financial aid [ to determine what grants, loans, or scholarships may be available; must apply for SSI or SSDI; and must complete any paperwork required to apply for such grants, loans, or scholarships ].

(4)-(12)

(No change

§163.34.Post-Employment Services.

(a)

(No change.)

(b)

Post-employment services must be incidental to the original impediment to employment, ancillary to the services provided through the consumer's IPE [ IWRP ], and related to the previously planned vocational goal.

§163.36.Personal Assistance Services

(a)

(No change.)

(b)

A consumer who is an individual with a significant [ severe ] disability or a most significant [ severe ] disability may receive personal attendant services if:

(1)

the consumer is actively receiving another vocational rehabilitation service covered in §163.25 of this title (pertaining to Goods and Services), and

(2)

personal attendant services are necessary for the consumer to achieve an employment outcome.

(c)-(h)

(No change.)

§163.37.Transition Services.

(a)

(No change.)

(b)

Transition services must promote or facilitate the accomplishment of long-term rehabilitation goals and intermediate rehabilitation objectives identified in the student's IPE [ IWRP ].

§163.38.Supported Employment Services.

(a)

(No change.)

(b)

Supported employment services are limited to 18 months unless the consumer and the commission jointly agree to extend the time in order to achieve the rehabilitation objectives identified in the consumer's IPE [ IWRP ].

(c)-(e)

(No change.)

§163.40.Self-employment Services.

(a)-(b)

(No change.)

(c)

Existing business.

(1)

If a request for services is primarily to get additional tools or equipment for an existing business and the business venture can be reasonably expected to succeed as it currently exists, the commission determines that the person does not meet all of the requirements contained in §163.11 of this title (relating to Eligibility).

(2)

If a substantial impediment to employment exists because of the lack of necessary tools and equipment and the person is in danger of loss of self-employment, an IPE [ IWRP ] is developed that includes the services to prevent loss of self-employment.

(d)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on August 13, 1999.

TRD-9905116

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Earliest possible date of adoption: September 26, 1999

For further information, please call: (512) 459-2611

40 TAC §163.52

The amendments are proposed under Human Resources Code, Title 5, §91.011, which authorizes the Commission to adopt rules prescribing the policies and procedures followed by the Commission in the administration of its programs.

The amendments also affect Human Resources Code §91.053 and §91.055.

§163.52.Order of Selection.

(a)

If it becomes necessary, due to limited funds, for the Commission to operate under an order of selection, vocational rehabilitation services shall be provided according to the following priorities:

(1)

Priority 1 -- Persons who meet the definition of individual with a most significant [ severe ] disability.

(2)

Priority 2 -- Persons who meet the definition of individual with a significant [ severe ] disability.

(3)

Priority 3 -- Persons who meet the definition of individual with a disability.

[(b)

Within the priorities listed in subsection (a) of this section, special consideration and priority are given to public safety officers whose visual impairments are sustained in the line of duty.]

(b)

[ (c) ] To inquire if the agency is operating under the order of selection, a person may contact any commission office, including the central office at 4800 North Lamar, Austin, Texas, toll-free 800-252-5204.

(c)

[ (d) ]In the event the order of selection is implemented, the commission shall:

(1)

implement the order of selection on a statewide basis;

(2)

notify all eligible individuals of the priority categories in the order of selection, their assignment to a particular category, and their right to appeal their category assignment;

(3)

continue to provide all needed services to any consumer who has begun to receive services under an IPE [ IWRP ] prior to the effective date of the order of selection, irrespective of the severity of the individual's disability; and

(4)

ensure that its funding arrangements for providing services under the State plan, including third-party arrangements and awards under the establishment authority, are consistent with the order of selection. If any funding arrangements are inconsistent with the order of selection, the commission shall renegotiate these funding arrangements so that they are consistent with the order of selection.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on August 13, 1999.

TRD-9905117

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Earliest possible date of adoption: September 26, 1999

For further information, please call: (512) 459-2611

40 TAC §§166.1-166.3

The Texas Commission for the Blind proposes the adoption of new §§166.1-166.3 pertaining to the Blindness Education, Screening, and Treatment Program. In accordance with Human Resources Code, §91.027, these rules implement the program insofar as funds available under Transportation Code, §521.421 allow. The rules define terms, prescribe eligibility criteria for receiving vision-screening services, and delineate who may provide screening services.

Robert A. Packard, Deputy Director of Administrative Services, has determined that for the first five years the rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. The funds appropriated to the Commission for services covered in the rules are limited to the amount donated by the public for program purposes.

Mr. Packard has also determined that for each year of the first five years the rule as proposed is in effect the public benefits anticipated as a result of enforcing the rules will be the availability of screening services that will aid in identifying eye conditions that may lead to blindness. There will be no effect on small businesses. There is no anticipated economic cost to individuals who are required to comply with the rule.

Questions about the content of this proposal may be directed to Jean Crecelius at (512) 459-2611 and written comments on the proposal may be submitted to Policy and Rules Coordinator, P. O. Box 12866, Austin, Texas 78711, within 30 days from the date of this publication.

The rules are proposed under Human Resources Code, Title 5, Chapter 91, §91.027, which authorizes the commission to develop the program and adopt rules prescribing eligibility requirements

The rules also affect Transportation Code, §521.421.

§166.1.Purpose and Authority.

These sections describe the Blindness Education, Screening, and Treatment (BEST) Program administered by the Texas Commission for the Blind under the authority of Human Resources Code, §91.027. The Commission is authorized to implement the program only to the extent that funds are available under Transportation Code, §521.421(f).

§166.2. Definitions.

The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.

(1)

Commission -- Texas Commission for the Blind.

(2)

Resident -- An individual who is physically present within the geographic boundaries of Texas; has an intent to remain within the state, either permanently or for an indefinite period; actually maintains an abode (e.g., house, apartment, etc., but not merely a post office box) within this state.

(3)

Program -- The Blindness Education, Screening and Treatment Program.

(4)

Vision Screening -- A nondiagnostic procedure that uses uniform testing techniques to assess the person's risk of vision loss and eye disease.

§166.3. Vision Screening Services.

(a)

To be eligible to receive program vision screening services, an individual must be an adult resident of the state.

(b)

Vision screening services may be provided through a contractor.

(c)

Vision screenings shall be conducted by:

(1)

Persons who have attended and completed vision screening training from the Texas Department of Health and are currently certified as vision screeners; or

(2)

Persons who have been trained by a vision screener currently certified by Texas Department of Health as a vision screener; or

(3)

Persons who are eye care professionals licensed by the State of Texas (optometrists and ophthalmologists); or

(4)

Persons who are trained and supervised by an eye care professional licensed by the State of Texas.

(d)

Persons receiving vision screenings shall receive the screening results and, if necessary, a recommendation regarding the need for a follow-up examination by an eye care professional.

(e)

When a referral is made for an eye examination to another agency or organization, the referral agency or organization's rules shall apply. A referral by the BEST program is not an endorsement of another agency, organization or eye care professional by the Texas Commission for the Blind.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on August 13, 1999.

TRD-9905103

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Earliest possible date of adoption: September 26, 1999

For further information, please call: (512) 459-2611