Part 6.
TEXAS BOARD OF PROFESSIONAL ENGINEERS
Chapter 131.
PRACTICE AND PROCEDURE
Subchapter G. BOARD REVIEW OF APPLICATION
22 TAC §131.114
The Texas Board of Professional Engineers adopts the repeal
to §131.114, concerning board review and application, without changes
to the proposed text as published in the January 26, 2001 issue of the
The repeal of §131.114 enables the board to adopt new §131.114
due to extensive modification of this section.
No comments were received regarding adoption of the repeal.
The repeal is adopted under Texas Civil Statutes, Article 3271a, §8(a),
which provide the Texas Board of Professional Engineers with the authority
to promulgate rules in accordance with the Texas Engineering Practice Act, §20A.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 26, 2001.
TRD-200101758
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: April 15, 2001
Proposal publication date: January 26, 2001
For further information, please call: (512) 440-7723
The Texas Board of Professional Engineers
adopts new §131.114, concerning board review and application, without
changes to the proposed text as published in the January 26, 2001 issue of
the
Texas Register
(26 TexReg 870).
New §131.114 provides the authority for the Licensing Committee to
conduct personal interviews with applicants and makes final recommendations
to the full board at the quarterly board meetings.
No comments were received regarding adoption of the new section.
The new section is adopted under Texas Civil Statutes, Article
3271a, §8(a), which provide the Texas Board of Professional Engineers
with the authority to promulgate rules in accordance with the Texas Engineering
Practice Act, §20A.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 26, 2001.
TRD-200101759
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: April 15, 2001
Proposal publication date: January 26, 2001
For further information, please call: (512) 440-7723
Chapter 231.
ADMINISTRATION
Subchapter A. DEFINITIONS
22 TAC §231.1
The Board of Vocational Nurse Examiners adopts the amendment
of §231.1 relating to definitions without changes to the proposed text
published in the February 16, 2001, issue of the
Texas Register
(26 TexReg 1472).
The definition of Endorsement is amended for consistency with compact rules.
No comments were received relative to the adoption of this rule.
The amendment is adopted under Chapter 302, Texas Occupations
Code, Subchapter D, Section 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 21, 2001.
TRD-200101610
Mary M. Strange, RN, MSN
Executive Director
Board of Vocational Nurse Examiners
Effective date: April 10, 2001
Proposal publication date: February 16, 2001
For further information, please call: (512) 305-7653
Subchapter B. OPERATION OF A VOCATIONAL NURSING PROGRAM
22 TAC §233.22, §233.23
The Board of Vocational Nurse Examiners adopts the amendment
of §233.22 relating to Instructors and 233.23 relating to Designate Supervisors
without changes to the proposed text published in the February 16, 2001, issue
of the
Texas Register
(26 TexReg 1474).
The rules are adopted for consistency with the compact rules.
No comments were received relative to the adoption of these rules.
The amendments are adopted under Chapter 302, Texas Occupations
Code, Subchapter D, Section 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. or code will be affected
by this proposal.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 21, 2001.
TRD-200101611
Mary M. Strange, RN, MSN
Executive Director
Board of Vocational Nurse Examiners
Effective date: April 10, 2001
Proposal publication date: February 16, 2001
For further information, please call: (512) 305-7653
Subchapter A. APPLICATION FOR LICENSURE
22 TAC §235.6
The Board of Vocational Nurse Examiners adopts the repeal
of §235.6 relating to Applications for Licensure by Endorsement without
changes to the text published in the February 16, 2001, issue of the
The rule was repealed for consistency with compact rules.
No comments were received relative to the adoption of this repeal.
The repeal is adopted under Chapter 302, Texas Occupations Code,
Subchapter D, Section 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 21, 2001.
TRD-200101612
Mary M. Strange, RN, MSN
Executive Director
Board of Vocational Nurse Examiners
Effective date: April 10, 2001
Proposal publication date: February 16, 2001
For further information, please call: (512) 305-7653
The Board of Vocational Nurse Examiners
adopts new §235.6 relating to Applications for Licensure by Endorsement
without changes to the proposed text published in the February 16, 2001, issue
of the
Texas Register
(26 TexReg 1475).
The rule is adopted for consistency with compact rules.
No comments were received relative to the adoption of this rule.
The rule is adopted under Chapter 302, Texas Occupations Code,
Subchapter D, Section 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 21, 2001.
TRD-200101613
Mary M. Strange, RN, MSN
Executive Director
Board of Vocational Nurse Examiners
Effective date: April 10, 2001
Proposal publication date: February 16, 2001
For further information, please call: (512) 305-7653
22 TAC §235.17
The Board of Vocational Nurse Examiners adopts the amendment
of §235.17 relating to Temporary Permits without changes to the proposed
text published in the February 16, 2001, issue of the
Texas Register
(26 TexReg 1475).
The rule is adopted for consistency with compact rules.
No comments were received relative to the adoption of this rule.
The amendment is adopted under Chapter 302, Texas Occupations
Code, Subchapter D, Section 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 21, 2001.
TRD-200101614
Mary M. Strange, RN, MSN
Executive Director
Board of Vocational Nurse Examiners
Effective date: April 10, 2001
Proposal publication date: February 16, 2001
For further information, please call: (512) 305-7653
Subchapter B. ENFORCEMENT
22 TAC §239.11
The Board of Vocational Nurse Examiners adopts the amendment
of §239.11 relating to Unprofessional Conduct without changes to the
text published in the February 16, 2001 issue of the Texas Register (26 TexReg
1476).
Subsection (9) of this rule is amended for consistency with compact rules.
No comments were received relative to the adoption of this rule.
The amendment is proposed under Chapter 302, Texas Occupations
Code, Subchapter D, Section 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 21, 2001.
TRD-200101615
Mary M. Strange, RN, MSN
Executive Director
Board of Vocational Nurse Examiners
Effective date: April 10, 2001
Proposal publication date: February 16, 2001
For further information, please call: (512) 305-7653
Chapter 505.
THE BOARD
22 TAC §505.10
The Texas State Board of Public Accountancy adopts an amendment
to Section 505.10 concerning Board Committees without changes to the proposed
text as published in the February 9, 2001, issue of the
Texas Register
(26 TexReg 1230).
The amendment allows committee assignments to be two years and authorizes
the presiding officer to re-appoint committee members.
The amendment will function by having committee appointments for a time
certain and by having the presiding officer authorized to re-appoint committee
members.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act, Tex.
Occupations Code, Section 901.151 (Vernon 1999) which provides the agency
with the authority to amend, adopt and repeal rules deemed necessary or advisable
to effectuate the Act and Section 901.55 which uses the term presiding officer.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 26, 2001.
TRD-200101761
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: April 15, 2001
Proposal publication date: February 9, 2001
For further information, please call: (512) 305-7848
Subchapter B. CERTIFICATION BY EXAMINATION
22 TAC §511.27
The Texas State Board of Public Accountancy adopts new §511.27
concerning Good Moral Character Evidence from Foreign Residents without changes
to the proposed text as published in the February 9, 2001 issue of the
The new rule allows residents of other countries to present evidence of
their good moral character from their home country.
The new rule will function by allowing applicants from foreign countries
a way to present evidence of their good moral character.
No comments were received regarding adoption of the rule.
The new rule is adopted under the Public Accountancy Act, Tex.
Occupations Code, Section 901.151 (Vernon 1999) which provides the agency
with the authority to amend, adopt and repeal rules deemed necessary or advisable
to effectuate the Act and Section 901.253 which authorizes the Board to ensure
that an applicant is of good moral character.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 26, 2001.
TRD-200101766
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: April 15, 2001
Proposal publication date: February 9, 2001
For further information, please call: (512) 305-7848
22 TAC §527.4
The Texas State Board of Public Accountancy adopts an amendment
to Section 527.4 concerning Quality Review Program without changes to the
proposed text as published in the January 26, 2001, issue of the
Texas Register
(26 TexReg 871).
The amendment allows the deletion of former subsections (4)(a) and (B)
which imposed requirements on potential QROB members.
The amendment will function by having the pool of potential QROB members
expanded.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act, Tex.
Occupations Code, Section 901.151 (Vernon 1999) which provides the agency
with the authority to amend, adopt and repeal rules deemed necessary or advisable
to effectuate the Act and Section 901.159 which authorizes the Board to provide
a quality review program.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 26, 2001.
TRD-200101765
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: April 15, 2001
Proposal publication date: January 26, 2001
For further information, please call: (512) 305-7848
Chapter 801.
LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
The Texas State Board of Examiners of Marriage and Family Therapists
(board) adopts the repeal of §§801.20, 801.92 - 801.95, and amendments
to §§801.1 - 801.2, 801.11 - 801.19, 801.41 - 801.45, 801.47 - 801.49,
801.51-801.53, 801.72 - 801.73, 801.91, 801.112 - 801.114, 801.142 - 801.144,
801.171 - 801.174, 801.201 - 801.204, 801.232 - 801.237, 801.262 - 801.268,
801.291 - 801.296, 801.298 - 801.299, 801.331 - 801.332, 801.351, 801.361
- 801.362, 801.364 - 801.365, 801.368 - 801.369 and new §§801.92
- 801.93 concerning the licensure and regulation of marriage and family therapists.
Sections 801.2, 801.42, 801.144, 801.173, 801.174, and 801.266 are adopted
with changes to the proposed text as published in the December 1, 2000, issue
of the
Texas Register
(25 TexReg 11843). The
repeal of §§801.20, 801.92 - 801.95, amendments to §§801.1,
801.11 - 801.19, 801.41, 801.43 - 801.45, 801.47 - 801.49, 801.51 - 801.53,
801.72 - 801.73, 801.91, 801.112 - 801.114, 801.142 - 801.143, 801.171 - 801.172,
801.201 - 801.204, 801.232 - 801.237, 801.262 - 801.265, 801.267, 801.268,
801.291 - 801.296, 801.298 - 801.299, 801.331 - 801.332, 801.351, 801.361
- 801.362, 801.364 - 801.365, 801.368 - 801.369, and new §§801.92
- 801.93 are adopted without changes and therefore will not be republished.
Effective September 1, 1999, Senate Bill 178, 76th Legislature, 1999, added §2001.039
to the Government Code which will be referred to as §39 and refers to
an agency's review of rules. The General Appropriations Act, 76th Legislature
(1999) Article IX, §9-10.13 also refers to the review of rules including
a notice of intention to review rules. Section 39 generally requires each
state agency to review a rule not later than the fourth anniversary of the
date on which the rule takes effect and every four years after that date.
Each state agency is required to review and consider for readoption each rule
adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative
Procedure Act). Sections 801.1 - 801.2, 801.11 - 801.20, 801.41 - 801.54,
801.71 - 801.73, 801.91 - 801.95, 801.111 - 801.114, 801.141 - 801.144, 801.171
- 801.174, 801.201 - 801.204, 801.231 - 801.237, 801.261 - 801.268, 801.291
- 801.300, 801.331 - 801.332, 801.351, and 801.361 - 801.369 have been reviewed
and the board has determined that reasons for adopting the sections continue
to exist. Sections 801.46, 801.50, 801.54, 801.71, 801.111, 801.141, 801.231,
801.261, 801.297, 801.300, 801.363, 801.366, and 801.367 were proposed without
changes and opened for comments in the proposed preamble published in the
December 1, 2000, issue of the
Texas Register
(25 TexReg 11843). No comments regarding these section were received. A Notice
of Readoption is published in the same issue of the Texas Register as these
adopted rules.
The board published a Notice of Intention to Review for §§801.1
- 801.2, 801.11 - 801.20, 801.41 - 801.54, 801.71 - 801.73, 801.91 - 801.95,
801.111 - 801.114, 801.141 - 801.144, 801.171 - 801.174, 801.201 - 801.204,
801.231 - 801.237, 801.261 - 801.268, 801.291 - 801.300, 801.331 - 801.332,
801.351, and 801.361 - 801.369 in the
Texas Register
on September 17, 1999, (24 TexReg 7774). No comments were received
as a result of the publication of the notice.
There were no comments received on the proposed rules during the comment
period. However, the department staff made the following changes:
Change: §801.2(1), the phrase "relating to the" was deleted because
it was duplicated, and also a comma was deleted after "Chapter 502".
Change: §801.42(8), last sentence, "... Court appointed mediation
requires specific training period;" was changed to "...Court appointed mediation
requires specialized training;".
Change: §801.144(m), the phrase "...hours of direct clinical services..."
was changed to "...hours of clinical services...".
Change: §801.173(1), "a person may apply to take the examination after
he/she have:" was changed to "a person may apply to take the examination after
he/she has:".
Change: §801.174(d)(1), "the" was capitalized at the beginning of
the paragraph to be consistent with paragraph (2).
Change: §801.266(3), "one-half or 7.5 hours of annual continuing education"
was changed to "one-half of annual continuing education."
Subchapter A. INTRODUCTION
22 TAC §801.1, §801.2
The amendments are adopted under the Texas Occupations Code, §502.152
which provides the Texas State Board of Examiners of Marriage and Family Therapists
the authority to adopt rules concerning the licensure and regulation of marriage
and family therapists .
§801.2.Definitions.
The following words and terms when used in this chapter shall have
the following meanings unless the context indicates otherwise.
(1)
Act--The Licensed Marriage and Family Therapist Act relating
to the licensing and regulation of marriage and family therapists, Occupations
Code, Chapter 502.
(2)
Administrative Law Judge (ALJ)--A person within the State
Office of Administrative Hearings who conducts hearings under this subchapter
on behalf of the Board.
(3)
APA--The Administrative Procedure Act, Texas Government
Code, Chapter 2001.
(4)
Associate--A licensed marriage and family therapist associate.
(5)
Board--The Texas State Board of Examiners of Marriage and
Family Therapists.
(6)
Completed application--The official marriage and family
therapy application form, fees and all supporting documentation which meets
the criteria set out in §801.73 of this title (relating to Required Application
Materials).
(7)
Contested case--A proceeding in accordance with the APA
and this chapter, including, but not limited to, rule enforcement and licensing,
in which the legal rights, duties, or privileges of a party are to be determined
by the board after an opportunity for an adjudicative hearing.
(8)
Department--The Texas Department of Health.
(9)
Family systems--An open, ongoing, goal-seeking, self-regulating,
social system which shares features of all such systems. Certain features
such as its unique structuring of gender, race, nationality and generation
set it apart from other social systems. Each individual family system is shaped
by its own particular structural features (size, complexity, composition,
life stage), the psychobiological characteristics of its individual members
(age, race, nationality, gender, fertility, health and temperament) and its
socio-cultural and historic position in its larger environment.
(10)
Formal hearing--A hearing or proceeding in accordance
with this chapter, including a contested case as defined in this section to
address the issues of a contested case.
(11)
Group supervision--Supervision that involves a minimum
of three and no more than six marriage and family supervisees or associates
in a clinical setting during the supervision hour. A supervision hour is sixty
minutes.
(12)
Individual supervision--Supervision of no more than two
marriage and family therapy supervisees or associates in a clinical setting
during the supervision hour. A supervision hour is sixty minutes.
(13)
Investigator--A professional complaint investigator employed
by the Texas Department of Health.
(14)
License--A marriage and family therapist license, a marriage
and family therapist associate license, or a provisional marriage and family
therapist license.
(15)
Licensed marriage and family therapist--An individual
who offers to provide marriage and family therapy for compensation.
(16)
Licensee--Any person licensed by the Texas State Board
of Examiners of Marriage and Family Therapists.
(17)
Licensed marriage and family therapist associate--An individual
who offers to provide marriage and family therapy for compensation under the
supervision of a board-approved supervisor.
(18)
Marriage and family therapy--The rendering of professional
therapeutic services to individuals, families, or married couples, singly
or in groups, and involves the professional application of family systems,
theories, and techniques in the delivery of therapeutic services to those
persons. The term includes the evaluation and remediation of cognitive, affective,
behavioral, or relational dysfunction within the context of therapy.
(19)
Month--A calendar month.
(20)
Party--Each person, governmental agency, or officer or
employee of a governmental agency named by the Administrative Law Judge (ALJ)
as having a justiciable interest in the matter being considered, or any person,
governmental agency, or officer or employee of a governmental agency meeting
the requirements of a party as prescribed by applicable law.
(21)
Person--An individual, corporation, partnership, or other
legal entity.
(22)
Pleading--Any written allegation filed by a party concerning
its claim or position.
(23)
Regionally accredited institutions--An institution accredited
by one of the following accreditation associations will be accepted for licensing
purposes: Middle States Association of Colleges and Schools, New England Association
of Schools and Colleges, North Central Association of Colleges and Schools,
Northwest Association of Schools and Colleges, Southern Association of Colleges
and Schools, and Western Association of Schools and Colleges.
(24)
Recognized religious practitioner--A rabbi, clergyman,
or person of similar status who is a member in good standing of and accountable
to a legally recognized denomination or legally recognizable religious denomination
or legally recognizable religious organization and other individuals participating
with them in pastoral counseling if:
(A)
the therapy activities are within the scope of the performance
of their regular or specialized ministerial duties and are performed under
the auspices of sponsorship of an established and legally cognizable church,
denomination or sect, or an integrated auxiliary of a church as defined in
Federal Tax Regulations, 26, Code of Federal Regulation 1.6033-2,(g)(5)(i),
(1982);
(B)
the individual providing the service remains accountable
to the established authority of that church, denomination, sect, or integrated
auxiliary; and
(C)
the person does not use the title of or hold himself or
herself out as a licensed marriage and family therapist.
(25)
Rules--The rules in this chapter are covering the designated
policies and procedures of operation for the board and for individuals affected
by the Act.
(26)
Supervision--The guidance or management in the provision
of clinical services.
(27)
Supervisor--A person meeting the requirements set out
in §801.143 of this title (relating to Supervisor Requirements), to
supervise an associate and/or marriage and family therapist.
(28)
Texas Open Meetings Act--Government Code, Chapter 551.
(29)
Texas Open Records Act--Government Code, Chapter 552.
(30)
Therapist--For the purposes of this chapter, a Texas licensed
marriage and family therapist.
(31)
Waiver--The suspension of educational, professional, and/or
examination requirements for applicants who meet the criteria for licensure
under special conditions.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on March 22, 2001.
TRD-200101646
Marvarene Oliver, Ed.D.
Chairman
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: April 11, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 458-7236
22 TAC §§801.11 - 801.19
The amendments are adopted under the Texas Occupations Code, §502.152
which provides the Texas State Board of Examiners of Marriage and Family Therapists
the authority to adopt rules concerning the licensure and regulation of marriage
and family therapists .
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 22, 2001.
TRD-200101647
Marvarene Oliver, Ed.D.
Chairman
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: April 11, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 458-7236
22 TAC §801.20
The repeal is adopted under the Texas Occupations Code, §502.152
which provides the Texas State Board of Examiners of Marriage and Family Therapists
the authority to adopt rules concerning the licensure and regulation of marriage
and family therapists .
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 22, 2001.
TRD-200101648
Marvarene Oliver, Ed.D.
Chairman
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: April 11, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 458-7236
22 TAC §§801.41 - 801.45, 801.47 - 801.49, 801.51 - 801.53
The amendments are adopted under the Texas Occupations Code, §502.152
which provides the Texas State Board of Examiners of Marriage and Family Therapists
the authority to adopt rules concerning the licensure and regulation of marriage
and family therapists .
§801.42.Rendering Professional Therapeutic Services.
The following are professional therapeutic services which are part
of marriage and family therapy when the services involve the professional
application of family systems theories and techniques in the delivery of the
services:
(1)
marriage therapy which utilizes systems, methods, and processes
which include interpersonal, cognitive, cognitive-behavioral, developmental,
psychodynamic, and affective methods and strategies to achieve resolution
of problems associated with cohabitation and interdependence of adults living
as couples through the changing marriage life cycle. These family system approaches
assist in stabilizing and alleviating mental, emotional, or behavioral dysfunctions
of either partner;
(2)
sex therapy which utilizes systems, methods, and processes
which include interpersonal, cognitive, cognitive-behavioral, developmental,
psychodynamic, and affective methods and strategies in the resolution of sexual
disorders;
(3)
family therapy which utilizes systems, methods, and processes
which include interpersonal, cognitive, cognitive-behavioral, developmental,
psychodynamic, affective, and family systems methods and strategies with families
to achieve mental, emotional, physical, moral, educational, spiritual, and
career development and adjustment through the changing family life cycle.
These family system approaches assist in stabilizing and alleviating mental,
emotional, or behavioral dysfunctions of a family member;
(4)
child therapy which utilizes systems methods and processes
which include interpersonal, cognitive, cognitive-behavioral, developmental,
psychodynamic, affective and family systems methods and strategies with families
to achieve mental, emotional, physical, moral, educational, spiritual, and
career development and adjustment through the changing family life cycle.
These family system approaches assist in stabilizing and alleviating mental,
emotional, or behavioral dysfunctions of a child;
(5)
play therapy which utilizes systems, methods, and processes
which include play and play media as the child's natural medium of self-expression,
and verbal tracking of the child's play behaviors as part of the therapist's
role in helping children overcome their social, emotional, and mental problems;
(6)
individual psychotherapy which utilizes systems, methods,
and processes which include interpersonal, cognitive, cognitive-behavioral,
developmental, psychodynamic, affective and family systems methods and strategies
to achieve mental, emotional, physical, social, moral, educational, spiritual,
and career development and adjustment through the developmental life span.
These family system approaches assist in stabilizing and alleviating mental,
emotional or behavioral dysfunctions in an individual;
(7)
divorce therapy which utilizes systems, methods, and processes
which include interpersonal, cognitive, cognitive behavioral, developmental,
psychodynamic, affective and family system methods and strategies with families
to achieve mental, emotional, physical, moral, educational, spiritual, and
career development and adjustment through the changing family life cycle.
These family system approaches assist in stabilizing and alleviating mental,
emotional, or behavioral dysfunctions of the partners;
(8)
mediation which utilizes systems, methods, and processes
to facilitate resolution of disputes between two or more dissenting parties,
including but not limited to any issues in divorce settlements, parenting
plan modifications, parent-child conflicts, pre-marital agreements, workplace
conflicts, and estate settlements. Mediation involves specialized therapeutic
skills that foster cooperative problem solving, stabilization of relationships,
and amicable agreements. Court appointed mediation requires specialized training
period;
(9)
group therapy which utilizes systems methods and processes
which include interpersonal, cognitive, cognitive-behavioral, developmental,
psychodynamic, and affective methods and strategies to achieve mental, emotional,
physical, moral, educational, spiritual, and career development and adjustment
throughout the life span;
(10)
chemical dependency therapy which utilizes systems methods
and processes which include interpersonal, cognitive, cognitive-behavioral,
developmental, psychodynamic, affective methods and strategies, and 12-step
methods to promote the healing of the client;
(11)
rehabilitation therapy which utilizes systems methods
and processes which include interpersonal, cognitive, cognitive-behavioral,
developmental, psychodynamic, and affective methods and strategies to achieve
adjustment to a disabling condition and to reintegrate the individual into
the mainstream of society;
(12)
referral services which utilizes systems methods and processes
which include evaluating and identifying needs of clients to determine the
advisability of referral to other specialists, and informing the client of
such judgment and communicating as requested or deemed appropriate to such
referral sources. This includes social studies and family assessments of the
individual within the family;
(13)
diagnostic assessment which utilizes the knowledge organized
in the Diagnostic and Statistical Manual of Mental Disorders (DSM) as well
as the International Classification of Diseases (ICD) as part of their therapeutic
role to help individuals identify their emotional, mental, and behavioral
problems when necessary;
(14)
psychotherapy which utilizes systems methods and processes
which include interpersonal, cognitive, cognitive-behavioral, developmental,
psychodynamic, and affective methods and strategies to assist clients in their
efforts to recover from mental or emotional illness;
(15)
hypnotherapy which utilizes systems methods and processes
which include the principles of hypnosis and post-hypnotic suggestion in the
treatment of mental and emotional disorders and addictions;
(16)
biofeedback which utilizes systems methods and processes
which include electronic equipment to monitor and provide feedback regarding
the individual's physiological responses to stress. The therapist who uses
biofeedback must be able to prove academic preparation and supervision in
the use of the equipment as a part of the therapist's academic program or
the substantial equivalent provided through continuing education;
(17)
assessment and appraisal which utilizes systems methods
and processes which include formal and informal instruments and procedures,
for which the therapist has received appropriate training and supervision
in individual and group settings for the purposes of determining the client'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;
and
(18)
consultation which utilizes systems, methods, and processes
which include the application of specific principles and procedures in consulting
to provide assistance in understanding and solving current or potential problems
that the consultee may have in relation to a third party, whether individuals,
groups, or organizations.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on March 22, 2001.
TRD-200101649
Marvarene Oliver, Ed.D.
Chairman
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: April 11, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 458-7236
22 TAC §801.72, §801.73
The amendments are adopted under the Texas Occupations Code, §502.152
which provides the Texas State Board of Examiners of Marriage and Family Therapists
the authority to adopt rules concerning the licensure and regulation of marriage
and family therapists .
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 22, 2001.
TRD-200101650
Marvarene Oliver, Ed.D.
Chairman
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: April 11, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 458-7236
22 TAC §§801.91 - 801.93
The amendment and new sections are adopted under the Texas
Occupations Code, §502.152 which provides the Texas State Board of Examiners
of Marriage and Family Therapists the authority to adopt rules concerning
the licensure and regulation of marriage and family therapists.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 22, 2001.
TRD-200101651
Marvarene Oliver, Ed.D.
Chairman
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: April 11, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 458-7236
22 TAC §§801.92 - 801.95
The repeals are adopted under the Texas Occupations Code, §502.152
which provides the Texas State Board of Examiners of Marriage and Family Therapists
the authority to adopt rules concerning the licensure and regulation of marriage
and family therapists .
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 22, 2001.
TRD-200101652
Marvarene Oliver, Ed.D.
Chairman
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: April 11, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 458-7236
22 TAC §§801.112 - 801.114
The amendments are adopted under the Texas Occupations Code, §502.152
which provides the Texas State Board of Examiners of Marriage and Family Therapists
the authority to adopt rules concerning the licensure and regulation of marriage
and family therapists .
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 22, 2001.
TRD-200101653
Marvarene Oliver, Ed. D.
Chairman
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: April 11, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 458-7236
22 TAC §§801.142 - 801.144
The amendments are adopted under the Texas Occupations Code, §502.152
which provides the Texas State Board of Examiners of Marriage and Family Therapists
the authority to adopt rules concerning the licensure and regulation of marriage
and family therapists .
§801.144.Other Conditions for Supervised Experience.
(a)
An associate may practice marriage and family therapy in
any established setting under supervision, such as a private practice, public
or private agencies, hospitals, etc.
(b)
After January 1, 1995, no hours will be counted toward
the supervised experience unless the associate was licensed by the board.
(c)
A supervisor may not be employed by the person whom he
or she is supervising.
(d)
A supervisor may not be related within the second degree
by affinity (marriage) or within the third degree by consanguinity (blood
or adoption) to the person whom he or she is supervising.
(e)
During the period of supervised experience, an associate
may be employed on a salary basis or be used within an established supervisory
setting. The established settings must be structured with clearly defined
job descriptions and areas of responsibility. The board may require that the
applicant provide documentation of all work experience.
(f)
During the post graduate supervision, both the supervisor
and the associate may have disciplinary actions taken against their licenses
for violations of the rules.
(g)
All supervision submitted in fulfillment of the board's
requirements must have been on a formal basis arranged prior to the period
of supervision. Supervisory arrangements must include all specific conditions
agreed to by the supervisor and associate.
(h)
If an associate enters into a contract with an organization
with which the supervisor is employed or affiliated:
(1)
the therapeutic services shall be performed on the site(s)
of the organization; and
(2)
clients records shall remain the property of the organization.
(i)
Group supervised experience of an associate may count toward
an associate's supervision requirement only if the supervision group consisted
of a minimum of three and no more than six associates during the supervision
hour.
(j)
Individual supervised experience of an associate may count
toward the associate's supervision requirement only if the supervision consisted
of no more than two associates.
(k)
The 200 hours of supervision must be face-to-face. The
associate must receive a minimum of one hour of supervision every two weeks.
A supervision hour is 45 minutes.
(l)
An associate may have no more than two board-approved supervisors
at a time, unless given prior approval by the board or its designee.
(m)
If an associate's primary clinical employer has a contract
to provide mental health services via telephonic or other electronic media,
the associate may receive credit for up to 300 clock-hours toward the required
3,000 hours of clinical services, as approved by the supervisor.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 22, 2001.
TRD-200101654
Marvarene Oliver, Ed. D.
Executive Director
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: April 11, 2001
Proposal publication date: December 11, 2000
For further information, please call: (512) 458-7236
22 TAC §§801.171 - 801.174
The amendments are adopted under the Texas Occupations Code, §502.152
which provides the Texas State Board of Examiners of Marriage and Family Therapists
the authority to adopt rules concerning the licensure and regulation of marriage
and family therapists.
§801.173.Applying for Examination.
A person must apply for examination in accordance with Subchapter F
of this chapter (relating to Academic Requirements for Examination and Licensure)
and §801.73 of this title (relating to Required Application Materials).
The board shall notify an applicant of application approval or disapproval,
and if disapproved, state the reason.
(1)
a person may apply to take the examination after he/she
has:
(A)
submitted the necessary forms, fee, and application in
accordance with §801.73 of this title; and
(B)
enrolled in or completed on or after September 1, 1999
a graduate internship in marriage and family therapy or an equivalent internship
as approved by the board except that a person, who prior to September 1, 1999
enrolled in a graduate internship that has not been completed, has the option
of taking the examination as described above in this section or may take the
examination after submitting the notarized statement(s) from their supervisor(s)
documenting the completion of 1,000 hours of direct clinical contact and the
200 hours of approved supervision.
(2)
At least 60 days prior to the examination, the executive
director or the executive director's designee shall notify an applicant in
writing that an application has been approved.
(3)
an applicant who wishes to take a scheduled examination
must complete an examination registration form and return it to the board.
§801.174.Examination.
(a)
The examination shall be a written examination prescribed
by the board which has been validated by an independent testing professional.
(b)
An applicant shall apply to take the examination on a form
prescribed by the board. The applicant will pay the examination fee at the
examination site.
(c)
The board, or its designee, shall determine the times and
places for licensing examinations and give reasonable public notice.
(d)
Examination results shall be reported as follows:
(1)
The examinee shall be notified of the results of the examination
within 45 days of the examination date.
(2)
If the examination results will be delayed more than 60
days after the examination date, the board shall notify each examinee of the
reason for the delay within 60 days of the examination date.
(e)
Procedures for failure of an applicant to pass an examination
are as follows:
(1)
An applicant who fails an examination may retake the examination
at the next scheduled date.
(2)
Fee for the examination is in accordance with subsection
(b) of this section.
(3)
The applicant must resubmit an application.
(4)
The board shall furnish the person who failed the examination
with an analysis of that person's performance on the examination if so requested
in writing by the examinee.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on March 22, 2001.
TRD-200101655
Marvarene Oliver, Ed.D.
Chairman
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: April 11, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 458-7236
22 TAC §§801.201 - 801.204
The amendments are adopted under the Texas Occupations Code, §502.152
which provides the Texas State Board of Examiners of Marriage and Family Therapists
the authority to adopt rules concerning the licensure and regulation of marriage
and family therapists.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 22, 2001.
TRD-200101656
Marvarene Oliver, Ed.D.
Chairman
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: April 11, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 458-7236
22 TAC §§801.232 - 801.237
The amendments are adopted under the Texas Occupations Code, §502.152
which provides the Texas State Board of Examiners of Marriage and Family Therapists
the authority to adopt rules concerning the licensure and regulation of marriage
and family therapists.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 22, 2001.
TRD-200101657
Marvarene Oliver, Ed.D.
Chairman
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: April 11, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 458-7236
22 TAC §§801.262 - 801.268
The amendments are adopted under the Texas Occupations Code, §502.152
which provides the Texas State Board of Examiners of Marriage and Family Therapists
the authority to adopt rules concerning the licensure and regulation of marriage
and family therapists.
§801.266.Criteria for Approval of Continuing Education Activities.
Each continuing education experience submitted by a licensee will be
evaluated on the basis of the following criteria.
(1)
Attendance at programs shall be in accordance with §801.264
of this title (relating to Types of Acceptable Continuing Education).
(2)
Completion of academic work shall be in accordance with §801.264
of this title. Official graduate transcripts from an accredited school showing
completion of graduate hours in appropriate areas for which the licensee received
at least a grade of "B" or "pass" is required.
(3)
Credit may be earned for clinical supervision of marriage
and family therapy interns and associates. Supervision may count for no more
than one-half of annual continuing education.
(4)
A presenter of a continuing education activity or an author
of a published work which enhances a marriage and family therapist's knowledge
or skill may be granted five credit hours for each presentation or publication
not to exceed one-half of the annual continuing education required.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on March 22, 2001.
TRD-200101658
Marvarene Oliver, Ed.D.
Chairman
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: April 11, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 458-7236
22 TAC §§801.291 - 801.296, 801.298, 801.299
The amendments are adopted under the Texas Occupations Code, §502.152
which provides the Texas State Board of Examiners of Marriage and Family Therapists
the authority to adopt rules concerning the licensure and regulation of marriage
and family therapists.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 22, 2001.
TRD-200101659
Marvarene Oliver, Ed.D.
Chairman
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: April 11, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 458-7236
22 TAC §801.331, §801.332
The amendments are adopted under the Texas Occupations Code, §502.152
which provides the Texas State Board of Examiners of Marriage and Family Therapists
the authority to adopt rules concerning the licensure and regulation of marriage
and family therapists .
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 22, 2001.
TRD-200101660
Marvarene Oliver, Ed.D.
Chairman
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: April 11, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 458-7236
Part 12.
BOARD OF VOCATIONAL NURSE EXAMINERS
Chapter 233.
EDUCATION
Chapter 235.
LICENSING
Chapter 239.
CONTESTED CASE PROCEDURE
Part 22.
TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY
Chapter 511.
CERTIFICATION AS A CPA
Chapter 527.
QUALITY REVIEW
Part 35.
TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS
Subchapter B. THE BOARD
Subchapter C. RENDERING PROFESSIONAL THERAPEUTIC SERVICES AND CODE OF ETHICS
Subchapter D. APPLICATION PROCEDURES
Subchapter E. CRITERIA FOR DETERMINING FITNESS OF APPLICANTS FOR EXAMINATION AND LICENSURE
Subchapter F. ACADEMIC REQUIREMENTS FOR EXAMINATION AND LICENSURE
Subchapter G. EXPERIENCE REQUIREMENTS FOR EXAMINATION AND LICENSURE
Subchapter H. LICENSURE EXAMINATIONS
Subchapter I. ISSUANCE OF LICENSE
Subchapter J. LICENSURE RENEWAL AND INACTIVE STATUS
Subchapter K. CONTINUING EDUCATION REQUIREMENTS
Subchapter L. COMPLAINTS AND VIOLATIONS
Subchapter M. LICENSING OF PERSONS WITH CRIMINAL BACKGROUNDS
Subchapter N. SETTLEMENT CONFERENCES