TITLE 22.EXAMINING BOARDS

Part 21. TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS

Chapter 461. GENERAL RULINGS

22 TAC §461.31

The Texas State Board of Examiners of Psychologists proposes an amendment to §461.31, concerning Psychological Associate Advisory Committee (the PAAC). The amendment is being proposed in order to clarify the intent of the PAAC in a way that easily informs all licensees of its purpose.

Sherry L. Lee, Executive Director, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to make the rules easier for the general public and licensees to follow and understand. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.

Comments on the proposal may be submitted to Janice C. Alvarez, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas, 78701, (512) 305-7700.

The amendment is proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

The proposed amendment does not affect other statutes, articles, or codes.

§461.31.Psychological Associate Advisory Committee (the PAAC).

The PAAC is an advisory committee to the Board. In compliance with Texas Government Code, Title 10, Chapter 2110, pertaining to state agency advisory committees, the following provisions are established by rule.

(1)

The PAAC's purpose is to develop and recommend for Board consideration rules pertaining to psychological associates, as provided in Subchapter H. Psychological Associate Advisory Committee of the Act.

(2)

The PAAC's function is to develop and recommend rules to the Board pertaining to the following areas, [ PAAC has seven tasks ] which are demarcated in §501.357 of the Act : [ . ]

(A)

the license qualifications for licensed psychological associates;

(B)

the supervision requirements for licensed psychological associates practicing less than five years;

(C)

the permitted activities and services within the practice of licensed psychological associates;

(D)

the schedule of disciplinary actions required by §501.404 of the Act that applies to licensed psychological associates;

(E)

the continuing education requirements for licensed psychological associates;

(F)

the proportional billing guidelines for services rendered by licensed psychological associates with less than five years' experience; and

(G)

the guidelines, including additional educational requirements, for practice with minimal supervision for licensed psychological associates with five or more years of experience.

(3)-(5)

(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 June 22, 2000.

TRD-200004392

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: August 6, 2000

For further information, please call: (512) 305-7700


22 TAC §461.35

The Texas State Board of Examiners of Psychologists proposes new §461.35, concerning Use of Historically Underutilized Businesses. The new rule is being proposed in order to comply with Senate Bill 178 passed by the 76th Legislature.

Sherry L. Lee, Executive Director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

Ms. Lee also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to assist in the utilization of Historically Underutilized Businesses. There may be an effect on small businesses to the extent that the agency may do business with 1-3 additional small businesses each year. There is no anticipated economic cost to persons who are required to comply with the section as proposed.

Comments on the proposal may be submitted to Janice C. Alvarez, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas, 78701, (512) 305-7700.

The new rule is proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

The proposed new rule does not affect other statutes, articles, or codes.

§461.35.Use of Historically Underutilized Businesses (HUBS).

The Board shall award a portion of its annual purchasing expenditures to vendors which are HUBS in accordance with General Service Commission rules (1 TAC §§111.11-111.28), which are based on the results of the State of Texas Disparity Study. It is the goal of the Board to make a good faith effort to increase its awards to HUB vendors.

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 June 22, 2000.

TRD-200004393

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: August 6, 2000

For further information, please call: (512) 305-7700


Chapter 463. APPLICATIONS AND EXAMINATIONS

22 TAC §463.11

The Texas State Board of Examiners of Psychologists proposes an amendment to §463.11, concerning Licensed Psychologist. The amendment is being proposed in order to clarify the requirements necessary to obtain licensure and to provide more flexibility to meet Texas licensing requirements for those individuals who have been actively licensed in other jurisdictions for at least 15 years and are in good standing.

Sherry L. Lee, Executive Director, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to ensure that only qualified and competent applicants receive licensure and to allow greater access to qualified and experienced psychologists who are in good standing with other jurisdictions. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amended rule as proposed.

Comments on the proposal may be submitted to Janice C. Alvarez, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas 78701, (512) 305-7700.

This amendment is proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

The proposed amendment does not affect other statutes, articles or codes.

§463.11.Licensed Psychologist.

(a)-(b)

(No change.)

(c)

Supervised Experience. In order to qualify for licensure, a psychologist must submit proof of two years of supervised experience, at least one year of which must have been received after the doctoral degree was officially conferred or completed, whichever is earliest, as shown on the official transcript, and at least one year of which must have been a formal internship. The formal internship year may be met either before or after the doctoral degree is conferred or completed. Supervised experience must be obtained in a minimum of two, and no more than three, calendar years, for full-time experience.

(1)

(No change.)

(2)

Formal Internship. At least one year of experience must be satisfied by one of the following types of formal internship:

(A)

(No change.)

(B)

The successful completion of an organized internship meeting all of the following criteria:

(i)-(x)

(No change.)

(xi)

The internship agency must have a written statement or brochure which describes the goals and content of the internship, stated clear expectations for quantity and quality of trainee's work and must be made available to prospective interns ; or [ . ]

[(xii)

Consortia may be created if they follow the guidelines of the current American Psychological Association Committee on Accreditation Handbook; or]

(C)

The successful completion of an organized internship program in a school district meeting the following criteria:

(i)-(xiii)

(No change.)

[(xiv)

Consortia may be created to meet the criteria in this section.]

(3)

(No change.)

(d)

Exceptions for Experience. For purposes of licensure as a psychologist, if an applicant has been licensed for 15 years or more in another jurisdiction as a psychologist and provides written verification of no disciplinary actions by the licensing entity of that jurisdiction or by any other licensing entity of a jurisdiction in which the applicant has held licensure as a psychologist, the following requirements for licensure may be applied:

(1)

Subsection (c)(2)(B)(iii) of this section may be satisfied by having one full-time equivalent licensed psychologist as a primary supervisor;

(2)

Subsection (c)(2)(B)(ix) of this section may be waived;

(3)

Subsection (c)(2)(B)(xi) of this section may be waived;

(4)

Subsection (c)(2)(C)(ix) of this section may be waived;

(5)

Subsection (c)(2)(C)(xii) of this section may be waived; and

(6)

Subsection (c)(2)(C)(xiii) of this section may be filled by having one full-time licensed psychologist as a primary supervisor who is employed full time at the agency and who is a school psychologist.

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 June 22, 2000.

TRD-200004394

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: August 6, 2000

For further information, please call: (512) 305-7700


22 TAC §463.30

The Texas State Board of Examiners of Psychologists proposes an amendment to §463.30, concerning Time Period for Appealing a Decision. The amendment is being proposed in order to make a rule reference correction.

Sherry L. Lee, Executive Director, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to make the rule easier for the general public and licensees to follow and understand. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amended rule as proposed.

Comments on the proposal may be submitted to Janice C. Alvarez, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas, 78701, (512) 305-7700.

This amendment is proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

The proposed amendment does not affect other statutes, articles or codes.

§463.30.Time Period for Appealing a Decision.

An applicant has thirty days from the date of Board action to appeal in writing any decision made by the Board concerning his/her application, after which time, the application is null and void. To be considered again, a new application and filing fee must be submitted and the application will be considered as of the date of the new application. If an applicant disputes the decision of the Board concerning an application for licensure, the matter will be referred to the Applications Dispute Committee in accordance with §470.8 [ §466.15 ] of this title (relating to Informal Disposition). An applicant's failure to appear before the Applications Dispute Committee within six months following the request of the Committee for such an appearance will result in the appeal being null and void.

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 June 22, 2000.

TRD-200004395

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: August 6, 2000

For further information, please call: (512) 305-7700


Chapter 470. ADMINISTRATIVE PROCEDURE

22 TAC §470.2

The Texas State Board of Examiners of Psychologists proposes an amendment to §470.2, concerning Definitions. The amendment is being proposed in order to reflect the correct citation reference in accordance with the recodification of the Psychologists' Licensing Act in the Occupations Code.

Sherry L. Lee, Executive Director, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to make the rule easier for the general public and licensees to follow and understand. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.

Comments on the proposal may be submitted to Janice C. Alvarez, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas, 78701, (512) 305-7700.

The amendment is proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

The proposed amendment does not affect other statutes, articles, or codes.

§470.2.Definitions.

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

(1)

Act--The Psychologists' Licensing Act, Texas Occupations Code, Title 3, Subtitle I, Chapter 501 [ Texas Civil Statutes, Article 4512c, as amended ]

(2)-(8)

(No change.)

(9)

Board member--one of the members of the Board, appointed pursuant to the Act, §501.051 [ §4 ], and qualified under the Act, §§501.051, 501.052 and 501.053 [ §5 ].

(10)-(14)

(No change.)

(15)

Executive Director--The executive director of the Board designated in accordance with the Act, §501.101 [ §7(b) ].

(16)-(27)

(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 June 22, 2000.

TRD-200004396

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: August 6, 2000

For further information, please call: (512) 305-7700


22 TAC §470.8

The Texas State Board of Examiners of Psychologists proposes an amendment to §470.8, concerning Informal Disposition of Complaints and Applications Disputes. The amendment is being proposed in order to reflect the correct procedure for applicant to appeal the Board's final determination as to their application.

Sherry L. Lee, Executive Director, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to make the rule easier for the general public and licensees to follow and understand. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.

Comments on the proposal may be submitted to Janice C. Alvarez, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas, 78701, (512) 305-7700.

The amendment is proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

The proposed amendment does not affect other statutes, articles, or codes.

§470.8.Informal Disposition of Complaints and Applications Disputes.

(a)

(No change.)

(b)

Applications Disputes.

(1)-(5)

(No change.)

(6)

Applicants wishing to appeal the Board's final determination must indicate, in writing, that they wish to have the dispute referred to SOAH for a formal hearing. So that the matter may be timely scheduled for hearing, the notice must be submitted to the Board no later than 60 days from the date the Board reaffirmed its decision to disapprove the application for licensure.

(c)

(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 June 22, 2000.

TRD-200004397

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: August 6, 2000

For further information, please call: (512) 305-7700