Part 12.
BOARD OF VOCATIONAL NURSE EXAMINERS
Chapter 239.
CONTESTED CASE PROCEDURE
Subchapter A. DEFINITIONS
22 TAC §239.1
The Board of Vocational Nurse Examiners proposes an amendment
to §239.1 relating to definitions. The definition for Notice is amended
for consistency with other rules in this Chapter that have been amended.
Mary M. Strange, Executive Director, has determined that for the first
five year period the rule is in effect, there will be no fiscal implication
for state or local government as a result of enforcing the rule.
Mrs. Strange has also determined that for the first five years the rule
as proposed is in effect, the public benefits anticipated as a result of enforcing
the rule will be consistency of the rules. There will be no cost to small
and large businesses or to entities who are required to comply with this section.
Comments may be submitted to Mary M. Strange, Executive Director, Board
of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas,
78701.
The amendment is proposed under Chapter 302, Texas Occupations
Code, Subchapter D, §302.151(b), which provides the Board of Vocational
Nurse Examiners with the authority to make such rules and regulations as may
be necessary to carry in effect the purposes of the law.
No other statute, article, or code will be affected by this proposal.
§239.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise:
(1)-(14)
(No change.)
(15)
Notice--a statement of intended date, time, place
[
(16)-(26)
(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 14, 2000.
TRD-200004176
Mary M. Strange, RN, BSN, CNA
Executive Director
Board of Vocational Nurse Examiners
Earliest possible date of adoption: July 30, 2000
For further information, please call: (512) 305-7653
22 TAC §239.11
The Board of Vocational Nurse Examiners proposes an amendment
to §239.11 relating to unprofessional conduct. The amendment is proposed
as the rule currently indicates the Board has jurisdiction for disciplinary
action over individuals while "practicing" only. Amending this rule will include
Board jurisdiction vocational nurses or applicants for licensure who are currently
participating and/or will be participating in the future in a health care
setting.
Mary M. Strange, Executive Director, has determined that for the first
five year period the rule is in effect, there will be no fiscal implication
for state or local government as a result of enforcing the rule.
Mrs. Strange has also determined that for the first five years the rule
as proposed is in effect, the public benefits anticipated as a result of enforcing
the rule will be protection of the public. There will be no cost to small
and large businesses or to entities who are required to comply with this section.
Comments may be submitted to Mary M. Strange, Executive Director, Board
of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas,
78701.
The amendment is proposed under Chapter 302, Texas Occupations
Code, Subchapter D, §302.151(b), which provides the Board of Vocational
Nurse Examiners with the authority to make such rules and regulations as may
be necessary to carry in effect the purposes of the law.
No other statute, article, or code will be affected by this proposal.
§239.11.Unprofessional Conduct.
Unprofessional or dishonorable conduct, likely to deceive, defraud,
or injure the public, may include the following described acts or omissions:
(1)-(9)
(No change.)
(10)
practicing as a vocational nurse
holding a license
or temporary permit or a graduate making application for licensure, and or
applying for employment or by virtue of being an LVN in an educational program,
while the individual's ability to practice is impaired by alcohol,
drugs, physical or mental disability and/or testing positive for alcohol,
illicit drugs, or other substances not prescribed;
(11)-(29)
(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 14, 2000.
TRD-200004177
Mary M. Strange, RN, BSN, CNA
Executive Director
Board of Vocational Nurse Examiners
Earliest possible date of adoption: July 30, 2000
For further information, please call: (512) 305-7653
22 TAC §239.41, §239.42
(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 Board of Vocational Nurse Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Board of Vocational Nurse Examiners proposes
the repeal of §239.41 relative to Prehearing Conference and §239.42
relative to Agreed Orders. Section 239.41 is repealed in order to make substantial
changes in the wording and to change "Prehearing Conference" to "Informal
Conference". Section 239.42 is repealed for renumbering purposes only.
Mary M. Strange, Executive Director, has determined that for the first
five year period the repeals are in effect, there will be no fiscal implication
for state or local government as a result of enforcing the repeals.
Mrs. Strange has also determined that for the first five years the repeals
are in effect, the public benefits anticipated as a result of enforcing the
repeals will be consistency and clarification of the rules. There will be
no cost to small and large businesses or to entities who are required to comply
with the repeals.
Comments may be submitted to Mary M. Strange, Executive Director, Board
of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas,
78701.
The repeals are proposed under Chapter 302, Texas Occupations
Code, Subchapter D, §302.151(b), which provides the Board of Vocational
Nurse Examiners with the authority to make such rules and regulations as may
be necessary to carry in effect the purposes of the law.
No other statute, article, or code will be affected by the repeals.
§239.41.Prehearing Conference.
§239.42.Agreed orders.
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 14, 2000.
TRD-200004178
Mary M. Strange, RN, BSN, CNA
Executive Director
Board of Vocational Nurse Examiners
Earliest possible date of adoption: July 30, 2000
For further information, please call: (512) 305-7653
22 TAC §§239.41-239.51
The Board of Vocational Nurse Examiners is proposing new §§239.41-239.51.
The rules are proposed for clarification and consistency relative to default
orders.
Mary M. Strange, Executive Director, has determined that for the first
five year period the rules are in effect, there will be no fiscal implication
for state or local government as a result of enforcing the rules.
Mrs. Strange has also determined that for the first five years the rules
as proposed are in effect, the public benefits anticipated as a result of
enforcing the rules will be consistency and clarification of the rules. There
will be no cost to small and large businesses or to entities who are required
to comply with the sections.
Comments may be submitted to Mary M. Strange, Executive Director, Board
of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas,
78701.
The new sections are proposed under Chapter 302, Texas Occupations
Code, Subchapter D, §302.151(b), which provides the Board of Vocational
Nurse Examiners with the authority to make such rules and regulations as may
be necessary to carry in effect the purposes of the law.
No other statute, article, or code will be affected by this proposal.
§239.41.Informal Conference.
(a)
At any time after the filing of a sworn Complaint, the
Executive Director, unilaterally at the request of the staff or Respondent/Applicant,
may request that the parties, their attorneys or representatives appear before
the Executive Director at a specified time and place for an Informal Conference
for the purpose of:
(1)
identifying and simplifying the issues;
(2)
considering proposed admissions or stipulations of
fact;
(3)
reviewing the procedure that would be followed at
a SOAH hearing;
(4)
exchanging witness lists and agreeing to limit the
number witnesses, and;
(5)
doing any act that may simplify the proceedings and
dispose of matters in controversy, including the settlement of issues in dispute
and preparation of an Agreed Order for presentation to the Board, as provided
herein.
(b)
A member of the Board may be present to participate in
the Informal Conference and preparation of any Agreed Order.
(c)
Any member of the Board who participates in an Informal
Conference shall be disqualified from further proceedings on the complaint
(d)
Participation in an Informal Conference is not mandatory
for either party.
(e)
Statements made by a Respondent/Applicant at an Informal
Conference shall not be offered as evidence at any subsequent hearing on the
complaint.
§239.42.Commencement of Disciplinary Action.
When Board investigative staff has substantiated that a Respondent/Applicant
is subject to disciplinary action under §302.402 of the Texas Occupations
Code, the staff will file a sworn complaint. The filing of a sworn complaint
constitutes the commencement of disciplinary action and the beginning of a
contested case proceeding under the APA.
§239.43.Notice of Complaint, Informal Conference, and Opportunity for a Hearing.
At the earliest practicable time after the filing of a sworn complaint,
the Board shall give Respondent/Applicant notice of the staff's intent to
initiate disciplinary action. This notice is a Notice of Complaint.
§239.44.Contents of the Notice of Complaint.
(a)
The Notice of a Complaint shall contain the following:
(1)
the identity and address of the person against whom the
Complaint is made;
(2)
the allegations of facts or conduct that substantiate
the proposed disciplinary action;
(3)
a reference to the statutory provisions and the Board
rules under which the staff proposes disciplinary action;
(4)
the disciplinary action that staff proposes in the
case;
(5)
a statement that the Respondent/Applicant has an opportunity
for hearing on the complaint and must file an "Answer to Appear" to exercise
that opportunity;
(6)
the fax number, telephone number and address to which
the Respondent/Applicant may file an "Answer to Appear" to the Notice of Complaint;
and
(7)
the following statement: FAILURE TO ANSWER THIS NOTICE
OF COMPLAINT WILL RESULT IN THE ALLEGATIONS AGAINST YOU THAT ARE SET OUT IN
THE NOTICE OF COMPLAINT BEING DEEMED ADMITTED AS TRUE. IN ADDITION, YOUR OPPORTUNITY
TO OBJECT TO THE PROPOSED SANCTIONS AND YOUR OPPORTUNITY FOR HEARING ON THE
COMPLAINT SHALL BE DEEMED TO HAVE BEEN WAIVED.
(b)
The Notice of a Complaint may also offer the Respondent/Applicant
an opportunity to show compliance and attend an Informal Conference under
authority of §239.41 of this title (relating to Informal Conference).
§239.45.Manner of Giving Notice.
(a)
The Notice of Complaint shall be given by regular mail
and by registered or certified mail, addressed to the Respondent/Applicant
at his or her most recent address as shown in the records of the Board.
(b)
Notice of Complaint is given and service shall be completed
at the time that the notice is deposited, postage-paid and properly addressed
in a post office or official depository of the United States Postal Service.
§239.46.Answer to Notice of Complaint.
The Respondent/Applicant shall file an "Answer to Appear" in response
to the notice of Complaint by fax, telephone or in writing by mail, within
20 days of the date on which notice of the Complaint is given.
§239.47.Failure to Answer Notice of Complaint.
(a)
If the Respondent/Applicant fails to file an "Answer to
Appear" in response to the notice of Complaint, the matter will be considered
as a default case
(b)
In a case of default, the Respondent/Applicant will be
deemed to have
(1)
admitted all the factual allegations in the Notice of Complaint;
(2)
waived the opportunity to show compliance with the
law;
(3)
waived the opportunity for a hearing on the Complaint;
and
(4)
waived objection to the recommended sanction in the
Notice of Complaint.
(c)
The Executive Director may recommend that the Board enter
a default order, based upon the allegations set out in the Notice of Complaint,
that adopts the sanction that was recommended in the Notice of Complaint.
(d)
Upon consideration of the case, the Board may:
(1)
enter a default order under §2001.056 of the APA;
or
(2)
order the matter to be set for a hearing at the State
Office of Administrative Hearings.
§239.48.Default Order.
A default order shall contain:
(1)
the Respondent/Applicant's name, address, and, if applicable,
license number;
(2)
the date on which the Board Order was adopted;
(3)
the sanction or disciplinary action that the Board
has adopted; and,
(4)
a reference to the requirements of APA §2001.146,
which sets the procedures for the filing of a motion for rehearing, with a
statement that a motion for rehearing is required for judicial review and
must be filed within 20 days from the date the Respondent/Applicant is notified
of the default order under APA §2001.142, as amended.
§239.49.Record of Default.
The Board shall retain a record for each default order, that includes
the original or a copy of the following:
(1)
the written Notice of Complaint,
(2)
a sworn certificate of service that shows the following
concerning the Notice of Complaint:
(A)
the name and address to which the Notice of Complaint was
given, with a statement that the name and address were the most current on
file with the Board;
(B)
the manner by which the Notice of Complaint was given;
(C)
a statement that the Board did not receive an "Answer to
Appear"; and,
(D)
any other document, including envelopes and certified mail
return cards, that tend to prove that the Notice of Complaint was given and
no "Answer to Appear" was received.
§239.50.Opportunity to Show Compliance.
(a)
When the Board receives an "Answer to Appear" to a notice
of Complaint, the staff may schedule an Informal Conference at which the Respondent/Applicant
will be given an opportunity to show compliance with all requirements of the
law.
(b)
In an Informal Conference, if the Respondent/Applicant
and the staff reach an agreed settlement regarding the Complaint, the Respondent/Applicant
will sign a proposed Agreed Order.
§239.51.Agreed Orders.
The Executive Director may negotiate a proposed Agreed Order with any
person subject to the jurisdiction of the Board, the terms of which shall
be approved by the Executive Director, prior to presentation of the proposed
Agreed Order to the Board for its consideration. A proposed Agreed Order shall
have no effect until such time as the Board may, at a regularly scheduled
meeting, take action approving the proposed Agreed Order. Should the Board
fail to approve a proposed Agreed Order as presented, it may thereafter consider
the complaint at a contested case hearing, upon notice to the Respondent/Applicant
named in the Complaint.
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 14, 2000.
TRD-200004179
Mary M. Strange, RN, BSN, CNA
Executive Director
Board of Vocational Nurse Examiners
Earliest possible date of adoption: July 30, 2000
For further information, please call: (512) 305-7653
22 TAC §§239.51-239.54
(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 Board of Vocational Nurse Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Board of Vocational Nurse Examiners proposes
the repeal of §239.51 relative to Application for Reinstatement of License, §239.52
relative to Evaluation for Reinstatement, §239.53 relative to Procedure
Upon Request for Reinstatement and §239.54 relative to Board Action Possible
Upon Reinstatement. These rules are repealed for renumbering purposes only.
Mary M. Strange, Executive Director, has determined that for the first
five year period the repeal of these rules arein effect, there will be no
fiscal implication for state or local government as a result of repealing
the rules.
Mrs. Strange has also determined that for the first five years the repeal
of these rules as proposed are in effect, the public benefits anticipated
as a result of repealing the rules will be consistency and clarification of
the rules. There will be no cost to small and large businesses or to entities
who are required to comply with the repeals.
Comments may be submitted to Mary M. Strange, Executive Director, Board
of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas,
78701.
The repeals are proposed under Chapter 302, Texas Occupations
Code, Subchapter D, §302.151(b), which provides the Board of Vocational
Nurse Examiners with the authority to make such rules and regulations as may
be necessary to carry in effect the purposes of the law.
No other statute, article, or code will be affected by this proposal.
§239.51.Application for Reinstatement of License.
§239.52.Evaluation for Reinstatement.
§239.53.Procedure Upon Request for Reinstatement.
§239.54.Board Action Possible Upon Reinstatement.
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 14, 2000.
TRD-200004180
Mary M. Strange, RN, BSN, CNA
Executive Director
Board of Vocational Nurse Examiners
Earliest possible date of adoption: July 30, 2000
For further information, please call: (512) 305-7653
22 TAC §§239.61-239.64
The Board of Vocational Nurse Examiners proposes new §239.61
relative to Application for Reinstatement of License, §239.62 relative
to Evaluation for Reinstatement, §239.63 relative to Procedure Upon Request
for Reinstatement and §239.64 relative to Board Action Possible Upon
Reinstatement. These rules are proposed to replace those repealed for renumbering
purposes only. The only changes to language is to replace references to prehearings
with informal conferences.
Mary M. Strange, Executive Director, has determined that for the first
five year period these rules are in effect, there will be no fiscal implication
for state or local government as a result of enforcing the rules.
Mrs. Strange has also determined that for the first five years these rules
as proposed are in effect, the public benefits anticipated as a result of
enforcing the rules will be consistency and clarification of the rules. There
will be no cost to small and large businesses or to entities who are required
to comply with the sections.
Comments may be submitted to Mary M. Strange, Executive Director, Board
of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas,
78701.
The new sections are proposed under Chapter 302, Texas Occupations
Code, Subchapter D, §302.151(b), which provides the Board of Vocational
Nurse Examiners with the authority to make such rules and regulations as may
be necessary to carry in effect the purposes of the law.
No other statute, article, or code will be affected by this proposal.
§239.61.Application for Reinstatement of License.
(a)
At the expiration of five years from the date of revocation,
or at the expiration of one year from the date of voluntary surrender revocation,
or upon the conclusion of any specified period of suspension, the Board may
consider a request for reinstatement by the former licensee (applicant).
(b)
The request for reinstatement must be submitted to the
Board office in writing and should include a short and plain statement of
the reasons why the applicant believes the license should be reinstated.
(c)
Upon denial of any application for reinstatement, the Board
may not consider a subsequent application until the expiration of five years
from the date of denial of the prior application.
(d)
In taking action to revoke or suspend a license, the Board
may, in its discretion, specify the terms and conditions upon which reinstatement
shall be considered.
§239.62.Evaluation for Reinstatement.
In considering reinstatement of a suspended or revoked license, the
Board will evaluate:
(1)
the severity of the act which resulted in revocation or
suspension of the license;
(2)
the conduct of the applicant subsequent to the revocation
or suspension of license;
(3)
the lapse of time since revocation or suspension;
(4)
the degree of compliance with all conditions the Board
may have stipulated as a prerequisite for reinstatement;
(5)
the degree of rehabilitation attained by the applicant
as evidenced by sworn notarized statements sent directly to the Board from
qualified people who have personal and professional knowledge of the applicant;
and
(6)
the applicant's present qualifications to practice
vocational nursing based on his/her history of nursing related employment
or education.
§239.63.Procedure Upon Request for Reinstatement.
(a)
An applicant for reinstatement of a revoked or suspended
license must personally appear at an informal conference or administrative
hearing at a scheduled date and time to show why the license should be reinstated.
(b)
An applicant who fails to personally appear at an informal
conference, or who fails to reach an agreed settlement at an informal conference,
must personally appear at an administrative hearing.
(c)
Upon submission of proof of past revocation or suspension
of the applicant's license, the applicant has the burden of proof to show
present fitness and/or rehabilitation to practice vocational nursing.
(d)
An applicant for reinstatement must submit a written psychiatric
or psychological evaluation and a written medical evaluation prior to being
scheduled for an appearance at a reinstatement hearing. Said evaluations shall
be obtained at the applicant's expense, and forwarded directly to the agency
by the examiner. The psychiatric or psychological evaluation must be prepared
by a licensed psychiatrist or psychologist and the medical evaluation must
be prepared by a licensed physician. Said reports shall include such information
as the agency may specifically require with notice to the applicant.
(e)
Upon receipt of a written request for reinstatement as
required by §239.61 of this title (relating to Application for Reinstatement
of License) and all information required by subsection (d) of this section,
the applicant will be notified of a date and time of their personal appearance
at an informal conference or administrative hearing.
§239.64.Board Action Possible Upon Reinstatement.
(a)
After evaluation, the Board may:
(1)
deny reinstatement of a suspended or revoked license;
(2)
reinstate a suspended or revoked license and probate
the practitioner for specified period of time;
(3)
authorize reinstatement of the suspended or revoked
license;
(4)
require the satisfactory completion of a specific
program of remedial education approved by the agency; and
(5)
require monitoring of the applicant's nursing practice
as specified by the Board.
(b)
A nurse whose license has been suspended or revoked for
more than five years shall be required to repeat the vocational nursing program
and shall take and pass the national licensure examination prior to activation
of his or her license or show evidence of practice as a licensed vocational
nurse in another state or practice as a registered nurse in this state or
another state within the past five years.
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 14, 2000.
TRD-200004181
Mary M. Strange, RN, BSN, CNA
Executive Director
Board of Vocational Nurse Examiners
Earliest possible date of adoption: July 30, 2000
For further information, please call: (512) 305-7653
Chapter 571.
LICENSING
Subchapter C. LICENSE RENEWALS
22 TAC §571.61
The Texas Board of Veterinary Medical Examiners proposes
amendments to §571.61 concerning Inactive License Status. The amendments
clarify the intent of the Board that a licensee on inactive status who wishes
to re-activate the license will not be required to acquire 15 hours of continuing
education courses in the re-activation year in order to renew the license
for the next year. The amendments clear up an existing ambiguity and better
inform the public of what continuing education will be required of an licensee
on inactive status who wishes to re-activate.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period the amended section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section. Mr. Allen has also determined that for the first five years the section
is in effect the public benefit anticipated as a result of enforcing the section
will be to increase understanding and compliance with licensing requirements
of the Board. There will be no effect on small businesses. There will be no
anticipated economic cost to persons required to comply with the section as
proposed.
Comments on the proposed amendments may be submitted in writing to Judy
Huppert, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite
2-330, Austin, Texas 78701-3998, phone (512) 305-7555, and must be received
by September 1, 2000.
The amendment is proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, Chapter 801, Section 801.151 (a) which
states that the Board may adopt rules necessary to administer the chapter.
The amendments affect the Veterinary Licensing Act, Texas Occupations Code,
Section 801.306 which pertains to Inactive Status.
§571.61.Inactive License Status.
(a) - (c)
(No change.)
(d)
Continuing Education Requirements.
(1)
If a licensee on inactive status requesting a return
to regular license status has maintained an annual average of 15 hours of
continuing education,
not including any portion of the reactivation year,
the licensee will be placed on regular license status without any additional
requirements. If the average annual continuing education is less than 15 hours,
the licensee
will be placed on regular license status but
must
complete 30 hours of continuing education in the twelve months immediately
following regular license status.
(2)
For the year of reactivation,
proof of 15 hours of continuing education shall not be required for an active
license renewal in the year following reactivation.
(3)
For purposes of this subsection,
the terms "year" and "annual" mean the calendar year.
(e)- (h)
(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 13, 2000.
TRD-200004152
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: October 5, 2000
For further information, please call: (512) 305-7555
Chapter 681.
PROFESSIONAL COUNSELOR
The Texas State Board of Examiners of Professional Counselors (board)
proposes amendments to §§681.5, 681.6, 681.9, 681.10, 681.11, 681.15,
681.19, 681.26, 681.52, 681.63, 681.64, 681.82, 681.128, 681.195, 681.196,
681.198, 681.200, 681.216, 681.220, 681.254, and 681.255 concerning the licensing
and regulation of licensed professional counselors.
Specifically, §§681.5(a), 681.6(a) and (c), 681.9(e), 681.10(a),
(b), (c), (d), (e), (f) and (g), 681.11(b), 681.15(c) and (d), 681.19(c),
681.128(a) and (g), 681.195(a), (c), (d), (e), (f), (l) and (m), 681.196(e)(1)
and (2), 681.198(b), (d), (j), (m), (n), (p), (r), (v) and (x), 681.200(a)
and (c), 681.216(a), 681.220 (e) and (f), 681.254 and 681.255, concerning
the title of the administrator are proposed for amendment to reflect the change
of official title from executive secretary to executive director, as revised
by the state legislature, effective September 1, 1999.
Section 681.26(a) is proposed for amendment to reflect language used in
the Licensed Professional Counselor Act and further clarify authorized counseling
methods and techniques.
Section 681.26(a)(16) is proposed for amendment to reflect language used
in the Act which prohibits the use of standardized projective techniques or
the diagnosis of a physical condition or disorder as authorized methods of
assessment or appraising.
Section 681.52(a)(7) is proposed for amendment to eliminate the requirement
of a recent black and white photograph from required application materials.
Section 681.63(a) is proposed for amendment to clarify academic requirements
for licensure by removing reference to the term substantial equivalent.
Section 681.64(a) is proposed for amendment to remove language requiring
applicants to complete the supervised experience requirement before sitting
for the counselor examination.
Section 681.82(f)(2) is proposed for amendment to clarify experience requirements
for licensure by removing reference to the term substantial equivalent.
John L. Luther, Executive Secretary, has determined that for the first
five years the sections as proposed are in effect, there will be no fiscal
implications as a result of enforcing or administering the sections. There
will be no fiscal implication for state or local governments.
Mr. Luther has also determined that for each of the first five years the
sections are in effect, the public benefits anticipated as a result of enforcing
or administrating the amendments will be to assure the appropriate regulation
of professional counselors, continue to identify competent practitioners as
necessary to ensure public safety, health and welfare, and to provide guidance
and information to the complaints committee, licensees, complainants and SOAH
during the entire complaint process. There will be no effect on micro or small
businesses as the amendments modify existing titles and clarify existing rules
and do not necessitate the expenditure of funds by the board, applicants or
licensees. There are no anticipated economic costs to persons who are required
to comply with the sections as proposed. There will be no anticipated impact
on local employment.
Comments on the proposal may be submitted to John L. Luther, Executive
Secretary, Texas State Board of Examiners of Professional Counselors, 1100
West 49th Street, Austin, Texas, 78756-3183, telephone (512) 834-6658. Comments
will be accepted for 30 days following publication of this proposal in the
Subchapter A. THE BOARD
22 TAC §§681.5, 681.6, 681.9, 681.10, 681.11, 681.15, 681.19
The amendments are proposed under the Licensed Professional
Counselor Act, Occupations Code, §503.203(a), which provides the Texas
State Board of Examiners of Professional Counselors with the authority to
adopt and revise rules that are necessary to administer the Licensed Professional
Counselor Act, Occupations Code, §503.308 relating to rules concerning
temporary licenses.
The amendments affect Occupations Code, Chapter 503.
§681.5.Agendas.
(a)
The executive
director
[
(b)
(No change.)
§681.6.Minutes.
(a)
The minutes of a Texas State Board of Examiners of Professional
Counselors (board) meeting are official only when affixed with the original
signatures of the chairperson and the executive
director
[
(b)
(No change.)
(c)
The official minutes of the board meetings shall be kept
in the office of the executive
director
[
§681.9.Committees.
(a)-(d)
(No change.)
(e)
Committees may direct all reports or other materials to
the executive
director
[
(f)-(g)
(No change.)
§681.10.Executive Director [
(a)
The executive
director
[
(b)
The executive
director
[
(c)
The executive
director
[
(d)
The executive
director
[
(e)
The executive
director
[
(f)
The executive
director
[
(g)
The executive
director
[
§681.11.Reimbursement for Expenses.
(a)
(No change).
(b)
Payment to members of per diem and transportation expenses
shall be on official state vouchers which have been approved by the executive
director
[
§681.15.License Certificate.
(a)-(b)
(No change).
(c)
Temporary licenses shall be signed by the board chair and
the executive
director
[
(d)
Provisional licenses and provisional licenses with an art
therapy specialty designation shall be signed by the executive
director
[
(e)
(No change).
§681.19.Petition for the Adoption of a Rule.
(a)-(b)
(No change).
(c)
Consideration and disposition of the petition.
(1)
Except as otherwise provided in subsection (d) of this
section, the executive
director
[
(2)-(4)
(No change).
(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 June 19, 2000.
TRD-200004302
Anthony P. Picchioni, Ph.D.
Chair
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: July 30, 2000
For further information, please call: (512) 458-7236
22 TAC §681.26
The amendment is proposed under the Licensed Professional
Counselor Act, Occupations Code, §503.203(a), which provides the Texas
State Board of Examiners of Professional Counselors with the authority to
adopt and revise rules that are necessary to administer the Licensed Professional
Counselor Act, Occupations Code, §503.308 relating to rules concerning
temporary licenses.
The amendment affects Occupations Code, Chapter 503.
§681.26.Counseling Methods and Practices.
(a)
The use of specific methods, techniques, or modalities
within the practice of professional counseling is limited to professional
counselors appropriately trained in the use of such methods, techniques or
modalities. Authorized counseling methods, techniques and modalities may include,
but are not restricted to the following
[
(1)-(15)
(No change.)
(16)
assessing and appraising which utilizes formal and
informal instruments and procedures, for which the counselor has received
appropriate training and supervision, in individual and group settings for
the purposes of determining the clients's strengths and weaknesses, mental
condition, emotional stability, intellectual ability, interests, aptitudes,
achievement level and other personal characteristics for a better understanding
of human behavior, and for diagnosing mental problems;
but does not include
the use of standardized projective techniques or permit the diagnosis of a
physical condition or disorder;
and
(17)
(No change.)
(b)
(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 19, 2000.
TRD-200004303
Anthony P. Picchioni, Ph.D.
Chair
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: July 30, 2000
For further information, please call: (512) 458-7236
22 TAC §681.52
The amendment is proposed under the Licensed Professional
Counselor Act, Occupations Code, §503.203(a), which provides the Texas
State Board of Examiners of Professional Counselors with the authority to
adopt and revise rules that are necessary to administer the Licensed Professional
Counselor Act, Occupations Code, §503.308 relating to rules concerning
temporary licenses.
The amendment affects Occupations Code, Chapter 503.
§681.52.Required Application Materials.
(a)
General application form. An application form shall contain:
(1)-(6)
(No change.)
[(7)
a recent black and white full-face
wallet size photograph of the applicant.]
(b)-(g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on June 19, 2000.
TRD-200004304
Anthony P. Picchioni, Ph.D.
Chair
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: July 30, 2000
For further information, please call: (512) 458-7236
22 TAC §681.63, §681.64
The amendments are proposed under the Licensed Professional
Counselor Act, Occupations Code, §503.203(a), which provides the Texas
State Board of Examiners of Professional Counselors with the authority to
adopt and revise rules that are necessary to administer the Licensed Professional
Counselor Act, Occupations Code, §503.308 relating to rules concerning
temporary licenses.
The amendments affect Occupations Code, Chapter 503.
§681.63.Academic Requirements.
(a)
Persons applying for examinations and licensure must have:
(1)
(No change.)
(2)
a planned graduate program in counseling or related
field [
(b)-(d)
(No change.)
§681.64.Academic Course Content.
(a)
An applicant is responsible for obtaining academic
course work
[
(1)-(9)
(No change.)
(b)
(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 19, 2000.
TRD-200004305
Anthony P. Picchioni, Ph.D.
Chair
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: July 30, 2000
For further information, please call: (512) 458-7236
22 TAC §681.82
The amendment is proposed under the Licensed Professional
Counselor Act, Occupations Code, §503.203(a), which provides the Texas
State Board of Examiners of Professional Counselors with the authority to
adopt and revise rules that are necessary to administer the Licensed Professional
Counselor Act, Occupations Code, §503.308 relating to rules concerning
temporary licenses.
The amendment affects Occupations Code, Chapter 503.
§681.82.Experience Requirements (Internship).
(a)-(e)
(No change.)
(f)
The internship must have been after completion of a:
(1)
(No change).
(2)
a planned graduate program in counseling [
(g)-(o)
(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 19, 2000.
TRD-200004306
Anthony P. Picchioni, Ph.D.
Chair
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: July 30, 2000
For further information, please call: (512) 458-7236
22 TAC §681.128
The amendment is proposed under the Licensed Professional
Counselor Act, Occupations Code, §503.203(a), which provides the Texas
State Board of Examiners of Professional Counselors with the authority to
adopt and revise rules that are necessary to administer the Licensed Professional
Counselor Act, Occupations Code, §503.308 relating to rules concerning
temporary licenses.
The amendment affects Occupations Code, Chapter 503.
§681.128.Suspension of License for Failure to Pay Child Support.
(a)
On receipt of a final court or attorney general's order
suspending a license due to failure to pay child support, the executive
director
[
(1)-(3)
(No change.)
(b)-(f)
(No change.)
(g)
On receipt of a court or attorney general's order vacating
or staying an order suspending a license, the executive
director
[
(h)
(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 19, 2000.
TRD-200004307
Anthony P. Picchioni, Ph.D.
Chair
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: July 30, 2000
For further information, please call: (512) 458-7236
22 TAC §§681.195, 681.196, 681.198, 681.200
The amendments are proposed under the Licensed Professional
Counselor Act, Occupations Code, §503.203(a), which provides the Texas
State Board of Examiners of Professional Counselors with the authority to
adopt and revise rules that are necessary to administer the Licensed Professional
Counselor Act, Occupations Code, §503.308 relating to rules concerning
temporary licenses.
The amendments affect Occupations Code, Chapter 503.
§681.195.Complaint Procedures.
(a)
A person wishing to report an alleged violation of the
Licensed Professional Counselor Act (Act) or the rules by a licensee or other
person shall notify the executive
director
[
(b)
(No change.)
(c)
Upon receipt of a complaint, the executive
director
[
(d)
A complaints committee shall be appointed to work with
the executive
director
[
(1)-(4)
(No change.)
(e)
Prior to or during an investigation, the executive
director
[
(f)
If it is determined that there are sufficient grounds to
support the complaint, the matters in question shall be investigated. The
executive
director
[
(g)-(k)
(No change.)
(l)
The board shall dispose of all complaints in a timely manner.
After review of each complaint, the executive
director
[
(m)
The executive
director
[
§681.196.Licensing of Persons With Criminal Backgrounds.
(a)-(d)
(No change.)
(e)
Procedures for disciplinary action to persons with criminal
backgrounds.
(1)
The board's executive
director
[
(2)
If the board takes disciplinary action under these
sections, the executive
director
[
(A)-(C)
(No change.)
§681.198.Informal Disposition.
(a)
(No change.)
(b)
If the executive
director
[
(c)
(No change.)
(d)
The executive
director
[
(e)-(i)
(No change.)
(j)
The board's legal counsel or an attorney from the Office
of the Attorney General shall attend each settlement conference. The committee
members or executive
director
[
(k)-(l)
(No change.)
(m)
At the discretion of the executive
director
[
(n)
The committee members or the executive
director
[
(o)
(No change.)
(p)
At the conclusion of the settlement conference, the committee
members or executive
director
[
(q)
(No change.)
(r)
If the licensee or applicant rejects the proposed settlement,
the matter shall be referred to the executive
director
[
(s)-(u)
(No change.)
(v)
If the board does not approve a proposed agreed order,
the licensee or applicant and the complainant shall be so informed. The matter
shall be referred to the executive
director
[
(w)
(No change.)
(x)
A licensee's opportunity for an informal conference under
this section shall satisfy the requirement of the APA, §2001.054(c).
(1)
If the executive
director
[
(2)
(No change.)
§681.200.Monitoring of Licensees.
(a)
The executive
director
[
(b)
(No change.)
(c)
The executive
director
[
(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 June 19, 2000.
TRD-200004308
Anthony P. Picchioni, Ph.D.
Chair
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: July 30, 2000
For further information, please call: (512) 458-7236
and nature of a hearing, and the
] legal authority and jurisdiction
for a proceeding
[
under which a hearing is
] to be held. Notice
includes
[
may include
] a
Notice of Complaint under §239.43
of this title (relating to Notice of Complaint, Informal Conference, and Opportunity
for a Hearing), the filing of which initiates a
[
formal complaint
filed to initiate
] contested case proceeding.
Subchapter B. ENFORCEMENT
Subchapter D. INFORMAL DISPOSITIONS
Subchapter D. INFORMAL DISPOSITIONS
Subchapter E. REINSTATEMENT PROCESS
Part 24.
TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
Part 30.
TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS
secretary
]
shall be responsible for preparing and submitting an agenda to each member
of the Texas State Board of Examiners of Professional Counselors (board) prior
to each meeting which includes items requested by members, items required
by law, and other matters of board business which have been approved for discussion
by the chairperson.
secretary
].
secretary
]
and shall be available to any person desiring to examine them.
secretary
] for distribution.
Secretary ].
secretary
]
of the Texas State Board of Examiners of Professional Counselors (board) shall
be an employee of the Texas Department of Health (department) appointed by
the commissioner of health, with the advice and consent of the board, as the
administrator of board activities.
secretary
]
shall keep the minutes of the meetings and proceedings of the board and shall
be the custodian of the files and records of the board unless another custodian
is designated by the board.
secretary
]
shall exercise general supervision over persons employed in the administration
of the [
the
] Licensed Professional Counselor Act (Act). The executive
director
[
secretary
] may delegate responsibilities to other
staff members when appropriate.
secretary
]
shall be responsible for the investigation of complaints and for the presentation
of formal complaints.
secretary
]
shall be responsible for all correspondence for the board and obtain, assemble,
or prepare reports and information that the board may direct, or as authorized
or required by the department or other agency with appropriate statutory authority.
secretary
]
shall have the responsibility of assembling and evaluating materials submitted
by applicants for licensure. Determinations made by the executive
director
[
secretary
] that propose denial of licensure are subject
to the approval of the appropriate committee of the board or the board which
shall make the final decision on the eligibility of the applicants.
secretary
]
or the executive
director's
[
secretary's
] designated
substitute may serve as the administrator of licensure examinations.
secretary
].
secretary
] .
secretary
].
secretary
] shall submit
a completed petition to the board for consideration.
Subchapter B. AUTHORIZED COUNSELING METHODS AND PRACTICES
Authorized counseling
methods and practices may include but are not restricted to the following
]:
Subchapter D. APPLICATION PROCEDURES
Subchapter E. ACADEMIC REQUIREMENTS FOR EXAMINATION AND LICENSURE
or its substantial equivalent
] of at least 48 semester hours.
coursework
] in and demonstrating competency
in the following specific areas through successful completion of the examination
[
once the supervised experience requirement has been met
]:
Subchapter F. EXPERIENCE REQUIREMENTS FOR EXAMINATION AND LICENSURE
or
its substantial equivalent
] of at least 48 semester hours.
Subchapter I. REGULAR LICENSE RENEWAL AND INACTIVE AND RETIREMENT STATUS
secretary
] shall immediately determine if the board
has issued a license to the obligator named on the order, and, if a license
has been issued:
secretary
] shall promptly issue the affected license to the individual
if the individual is otherwise qualified for the license.
Subchapter L. COMPLAINTS AND VIOLATIONS
secretary
].
The initial notification may be in writing, by telephone, or by personal visit
to the Texas State Board of Examiners of Professional Counselors (board) office.
secretary
] shall send an acknowledgment letter to the complainant
and an official form which the complainant must complete and return to the
board before further action can be taken. The executive
director
[
secretary
] may accept an anonymous complaint if there is sufficient
information for the investigation.
secretary
] to:
secretary
] or his or her designee shall request
a notarized response from the licensee or person against whom an alleged violation
has been filed and gather information required by the complaints committee
of the board. The licensee or person against whom an alleged violation has
been filed must respond within 15 working days to the executive
director's
[
secretary's
] request.
secretary
] or the committee may
initiate the investigation.
secretary
] shall establish a schedule for conducting each phase of the complaint
not later than the 30th day after the date the complaint is received. The
schedule shall be kept in the information file for the complaint, and all
parties shall be notified of the projected time requirements for pursuing
the complaint. A change in the schedule must be noted in the complaint information
file and all parties to the complaint must be notified not later than the
seventh day after the date the change is made.
secretary
]
shall notify the complaints committee of a complaint that extends beyond the
time prescribed for resolving the complaint.
secretary
] will give written notice to the person that the board intends to take
disciplinary action after a hearing in accordance with the provisions of the
Administrative Procedure Act (APA), and the board's hearing procedures in
Subchapter M of this chapter (relating to Formal Hearings).
secretary
] will give
the person written notice:
secretary
]
or the complaints committee of the Texas State Board of Examiners of Professional
Counselors (board) determines that the public interest might be served by
attempting to resolve a complaint or contested case with an agreed order in
lieu of a formal hearing, the provisions of this section shall apply. A licensee
or applicant may request an informal settlement conference; however, the decision
to hold a conference shall be made by the executive
director
[
secretary
] or the complaints committee.
secretary
]
shall decide upon the time, date and place of the informal settlement conference,
and provide written notice to the licensee or applicant of the same. Notice
shall be provided no less than 15 working days prior to the date of the informal
settlement conference by certified mail, return receipt requested to the last
known address of the licensee or applicant or by personal delivery. The 15
working days shall begin on the date of mailing or personal delivery. The
licensee or applicant may waive the 15-day notice requirement.
secretary
] may call upon
the attorney at any time for assistance in the settlement conference.
secretary
] or the committee members, a tape recording may be made
of none or all of the settlement conference.
secretary
] shall exclude from the settlement conference all persons
except witnesses during their testimony, the licensee, the licensee's attorney,
and board staff.
secretary
] may make recommendations
for informal disposition of the complaint or contested case. The recommendations
may include any disciplinary action authorized by the Licensed Professional
Counselor Act (Act). The committee members may also conclude that the board
lacks jurisdiction, conclude that a violation of the Act or this chapter has
not been established, order that the investigation be closed, or refer the
matter for further investigation.
secretary
] for appropriate action.
secretary
]
for other appropriate action.
secretary
]
or complaints committee determines that an informal conference shall not be
held, the executive
director
[
secretary
] shall give
written notice to the licensee or applicant of the facts or conduct alleged
to warrant the intended disciplinary action and the licensee or applicant
shall be given the opportunity to show, in writing and as described in the
notice, compliance with all requirement of the Act and this chapter.
secretary
]
shall maintain a complaint tracking system.
secretary
]
shall review the reports and notify the complaints committee if the requirements
of the disciplinary action are not met.
Subchapter M. FORMAL HEARINGS