Addictions Counseling Competencies: the Knowledge, Skills,
and Attitudes of Professional Practice (KSAs),
published by the Center
for Substance Abuse Treatment.
(4)
Client--A person who receives services from a licensed
chemical dependency counselor, or from an organization where the counselor
is working on a paid or voluntary basis. A client's status continues for two
years after services end.
(5)
Clinical training institution (CTI)--An individual or legal
entity registered with the commission to supervise a counselor intern.
(6)
Commission (TCADA)--The Texas Commission on Alcohol and
Drug Abuse.
(7)
Counselor intern--A person registered with the Commission
who is pursuing a course of training in chemical dependency counseling at
a registered clinical training institution. Through June 30, 2002, interns
also include individuals pursuing a course of training in chemical dependency
counseling who are completing a practicum at a registered practicum provider
or an accredited institution of higher education.
(8)
Exploitation-- The illegal or improper use of a client
or a client's resources for monetary or personal benefit, profit, or gain
by a counselor, intern, or applicant.
(9)
KSAs--The knowledge, skills, and attitudes of addictions
counseling as defined by the Center for Substance Abuse Treatment in Technical
Assistance Publication 21:
Addictions Counseling
Competencies: the Knowledge, Skills, and Attitudes of Professional Practice.
(10)
Licensed chemical dependency counselor (LCDC)--A person
who:
(A)
renders chemical dependency counseling services for compensation
to an individual, group, organization, corporation, institution, or the general
public;
(B)
implies that the person is licensed, trained, or experienced
in chemical dependency counseling; and
(C)
holds a license under this chapter to offer or provide
chemical dependency counseling.
(11)
Neglect--A negligent act or omission by a counselor, intern,
or applicant that causes or may cause death, substantial emotional harm, or
physical injury to a client. Examples of neglect include, but are not limited
to, failure to provide a safe environment free from abuse, failure to establish
or carry out an appropriate individualized treatment plan, and any other act
or omission classified as neglect by the Texas Family Code, §261.001.
(12)
Practicum provider--An individual or legal entity registered
with the commission to supervise practicums through June 30, 2002.
(13)
Pre-service educational institution (PSEI)--An individual
or legal entity registered with the commission to provide the 270 hours of
education required for licensure through June 30, 2002.
(14)
Proprietary school--An organization approved and regulated
by the Texas Workforce under the Texas Administrative Code, Title 40, Chapter
807 (relating to Proprietary Schools) that offers a course of study in chemical
dependency counseling.
(15)
Qualified credentialed counselor (QCC)--A licensed chemical
dependency counselor or one of the professionals listed below who is licensed
and in good standing in the state of Texas and has at least 1,000 hours of
documented experience treating substance use disorders:
(A)
licensed professional counselor (LPC);
(B)
licensed master social worker (LMSW);
(C)
licensed marriage and family therapist (LMFT);
(D)
licensed psychologist;
(E)
licensed physician;
(F)
certified addictions registered nurse (CARN); and
(G)
advance practice nurse recognized by the Board of Nurse
Examiners as a clinical nurse specialist or nurse practitioner with a specialty
in psyche-mental health (APN-P/MH).
(16)
Sexual exploitation--A pattern, practice, or scheme of
conduct by a counselor, intern, or applicant that can reasonably be construed
as being for the purpose of sexual arousal or gratification or sexual abuse
of any person. It may include sexual contact, a request for sexual contact,
or a representation that sexual contact or exploitation is consistent with
or part of treatment. It is not a defense to sexual exploitation of a client
or former client if it occurs:
(A)
with consent of the client or former client;
(B)
outside of therapy or treatment;
(C)
off the premises used for therapy or treatment; or
(D)
within a two-year period following termination of treatment.
§150.11.License Required.
(a)
An individual identified to the public as a chemical dependency
counselor must be licensed or exempt under this chapter. Except as provided
by this section, individuals who are not licensed chemical dependency counselors
shall not:
(1)
offer or provide chemical dependency counseling services;
(2)
represent themselves as chemical dependency counselors;
or
(3)
use any name, title, or designation that implies licensure
as a chemical dependency counselor.
(b)
The following people are exempt from this chapter when
they are acting within the scope of their authorized duties:
(1)
counselors employed by federal institutions;
(2)
school counselors certified by the Texas Education Agency;
(3)
licensed psychologists, licensed professional counselors,
licensed marriage and family therapists, and licensed master social workers;
(4)
religious leaders of congregations providing pastoral counseling
within the scope of their congregational duties and people who are working
for or providing counseling with a program exempted under Chapter 145 of this
title (relating to Faith-Based Chemical Dependency Treatment Programs);
(5)
students who are participating in a practicum as part of
a supervised course of clinical training at a regionally accredited institution
of higher education or a proprietary school; and
(6)
counselor interns who are registered with the commission
and working under the auspices of a registered Clinical Training Institution.
(c)
Residents of other states are exempt if they:
(1)
are legally authorized to provide chemical dependency counseling
in those states; and
(2)
do not offer or provide chemical dependency counseling
in Texas for more than 30 days in any 12-month period.
(d)
A person who qualifies for an exemption but chooses to
get a license from the commission is subject to the same rules and sanctions
as other licensees.
§150.12.Scope of Practice.
A licensed chemical dependency counselor is licensed to provide chemical
dependency counseling services involving the application of the principles,
methods, and procedures of the chemical dependency profession as defined by
the profession's ethical standards and the KSAs. The license does not qualify
an individual to provide services outside this scope of practice.
§150.13.Commission Review.
(a)
A person licensed, registered, or approved under this chapter
shall allow commission staff to access the facilities and records and to interview
or survey clients, members of the governing body, staff, and students. The
person shall make all property, records, and documents related to the license,
registration, or approval available for examination or reproduction during
normal business hours.
(b)
The commission's executive director may waive a rule if
an applicant demonstrates exceptional circumstances provided the requirement
is not established in statute or related to criminal history standards.
§150.14.Fees.
(a)
The schedule for fees is:
(1)
initial application fee--$25;
(2)
initial licensure fee--$75;
(3)
renewal fees:
(A)
renewal application fee--$25;
(B)
license renewal fee--$75;
(C)
late renewal penalty fee (up to 90 days after the license
expiration date)--$37.50;
(D)
late renewal penalty fee (between 91 days and one year
after the license expiration date)--$75;
(4)
background investigation fee--$40;
(5)
inactive status fee--$50;
(6)
certificate or sticker replacement or duplication fee--$25;
(7)
continuing education provider fee--$150.
(b)
The commission charges a $25 fee for a printed list of
licensed counselors or a set of mailing labels.
(c)
The commission contracts with an outside organization to
administer the licensure examination, and the fee charged by the contract
organization is subject to change. The current fee shall be printed in the
notice of the opportunity for examination. Examination fees shall be paid
directly to the contract organization administering the examination.
(d)
Licensure fees paid to the commission are not refundable.
(e)
Fees shall be paid in full with a cashier's check, commercial
check, or money order. If online application is available, the fee may be
paid with a credit card and is subject to a surcharge by the online vendor.
§150.21.Requirements for Licensure by Examination.
(a)
To be eligible for a license under this chapter, a person
must:
(1)
be at least 18 years of age;
(2)
have a high school diploma or its equivalent;
(3)
successfully complete 270 classroom hours of chemical dependency
curricula as described in §150.22 of this title (relating to Educational
Standards);
(4)
complete 300 hours of approved supervised field work practicum
as described in §150.23 of this title (relating to Practicum Standards);
(5)
complete 4,000 hours of approved supervised experience
working with chemically dependent persons as described in §150.24 of
this title (relating to Standards for Supervised Work Experience);
(6)
pass the written chemical dependency counselor examination
approved by the commission;
(7)
submit an adequate, written case presentation to the test
administrator;
(8)
pass an oral chemical dependency counselor examination
approved by the commission;
(9)
meet the criminal history standards described in §150.31
of this title (relating to Criminal History Standards);
(10)
sign a written agreement to abide by the ethical standards
contained in §150.42 of this title (relating to Ethical Standards); and
(11)
be worthy of the public trust and confidence as determined
by the commission.
(b)
Applicants holding a degree in chemical dependency counseling,
sociology, psychology, or any other degree approved by the commission are
exempt from the 270 hours of education and the 300 hour practicum. The applicant
must submit an official college transcript with the official seal of the college
and the signature of the registrar. Degree programs approved by the commission
include baccalaureate, masters, or doctoral degrees with a course of study
in human behavior/development and service delivery.
(c)
The commission may waive the 4000 hours of supervised work
experience for individuals who hold a masters or doctoral degree in social
work or a masters or doctoral degree in a counseling-related field with 48
semester hours of graduate-level courses. Counseling related degrees shall
be reviewed on a case-by-case basis. The applicant shall submit an official
college transcript with the official seal of the college and the signature
of the registrar, and any other related documentation requested by the commission.
§150.22.Educational Standards
(a)
At least 135 (nine semester hours) of the education hours
must be specific to substance use disorders and their treatment. The remaining
135 hours may be specific or related to chemical dependency counseling. Related
education hours may include courses in psychology, upper division sociology,
counseling, mental health, behavioral science, psychiatric nursing, ethics,
and rehabilitation counseling.
(b)
The education shall be provided by registered Pre-service
Education Institution, a proprietary school, or an accredited institution
of higher education. Classroom hours may be obtained from a registered Pre-service
Education Institution only through June 30, 2002. Beginning July 1, 2002,
all classroom hours must be obtained from a proprietary school or an accredited
institution of higher education.
(c)
Continuing education and extended learning courses offered
by institutions of higher education are not acceptable unless the curriculum
follows the Workforce Education Curriculum Manual and meets the standards
equivalent to a credit course.
(d)
Educational hours obtained at proprietary school must follow
the curriculum for Transdisciplinary Foundations for Addictions Professional
outlined the in the KSAs:
(1)
Understanding Addiction;
(2)
Treatment Knowledge;
(3)
Application to Practice; and
(4)
Professional Readiness.
(e)
The Commission shall not accept hours unless documented
with a passing grade on an official transcript from the school. The applicant
shall submit additional information requested by the Commission if needed
to verify the content of a course.
§150.23.Practicum Standards.
(a)
The practicum shall be completed under the supervision
of a registered practicum provider, a proprietary school, or an accredited
institution of higher education. Practicum hours may be obtained from a registered
Practicum Provider only through June 30, 2002. Beginning July 1, 2002, all
practicum hours must be obtained from a proprietary school or an accredited
institution of higher education.
(b)
An applicant shall complete the required 270 hours of education
before participating in a practicum, with one exception. Students enrolled
in an accredited university, college, junior college, or community college
may complete the practicum before completing the 270 hours of education if
the practicum is:
(1)
part of the assigned curriculum; and
(2)
performed under the auspices of the educational institution.
(c)
The applicant must complete the practicum under the supervision
of a single school.
(d)
The commission shall not accept a practicum without an
official transcript from the school and a letter from the school's educational
coordinator or chair verifying that the Practicum was completed in the field
of substance abuse.
(e)
Practicum hours may be paid or voluntary.
(f)
The practicum shall be delivered according to a written
training curriculum that provides the student with an orientation to treatment
services and exposure to treatment activities in each of the KSA domains.
The practicum must include the intern observing treatment delivery and the
intern providing services under direct observation. The practicum shall include
at least 20 hours of experience in each of the KSA domains (observation and
being observed). A practicum student shall not provide counseling services
(except education) without direct observation by a QCC.
(g)
All training shall be provided by QCCs.
§150.24.Standards for Supervised Work Experience.
(a)
An applicant must be registered with the commission as
described in §150.21 of this title (relating to Requirements for Licensure
by Examination) before accumulating supervised work experience with the following
exceptions.
(1)
Individuals with an application on file with the commission
who began accumulating work experience at a Clinical Training Institution
before December 1, 2001 shall submit fingerprint cards by June 30, 2002. Registration
must be complete to provide chemical dependency counseling services and accumulate
additional hours after August 15, 2002.
(2)
Individuals who began accumulating supervised work experience
hours at a Clinical Training Institution before December 1, 2001 but had not
submitted an application to the commission by that date shall submit an application
and the fingerprint cards by June 30, 2002. Registration must be complete
to provide chemical dependency counseling services and accumulate additional
hours after August 15, 2002.
(3)
The commission shall not accept work experience completed
more than five years preceding the date of registration.
(b)
All supervised work experience obtained in Texas must be
completed at a registered clinical training institution (CTI).
(c)
Work experience must be documented on the commission's
Supervised Work Experience Documentation Form and signed by the agency's CTI
coordinator.
(1)
All hours included in the documented supervised work experience
must be performed within the KSA domains.
(2)
The supervised work experience form must be accompanied
by the intern's job description reflecting duties in the KSA domains.
(d)
Out of state work experience will be accepted only if the
following conditions are met.
(1)
The applicant is either certified or licensed or in the
process of seeking licensure or certification in the other state.
(2)
The standards for clinical supervision of work experience
must meet or exceed Texas standards and be outlined in the governing agency's
rules or standards. A copy of the governing rules or standards must be submitted
with the other required documentation of supervised work experience.
(3)
The supervised work experience must be documented on the
commission's Supervised Work Experience form or a comparable form used by
the governing agency of the other state.
(e)
Supervised work experience may be paid or voluntary.
(f)
An intern must complete all supervised work experience
and pass the written and oral examination within five years from the date
of registration.
(g)
A person who has completed the 4,000 hours of supervised
work experience and is currently eligible to take or retake the examination
is a graduate intern and may continue to provide chemical dependency services
under the auspices of a registered clinical training institution during the
five-year registration period.
(h)
It is the applicant's responsibility to verify that the
training institution is registered with the commission. The commission shall
not accept hours from an unregistered provider.
§150.25.Licensure Application and Registration Process.
(a)
Every person seeking licensure shall register with the
commission by submitting:
(1)
the application fee and the background investigation fee;
(2)
the commission's current application form which has been
completed, signed, dated, and notarized;
(3)
a recent full-face wallet-sized photograph of the applicant;
(4)
two sets of fingerprints on cards issued by the commission;
(5)
documentation that the applicant has successfully completed
the 270 classroom hours of education and 300 hour field work practicum or
an acceptable college transcript as described in §150.21 of this title
(relating to Requirements for Licensure by Examination);
(6)
documentation of a high school diploma or its equivalent;
and
(7)
two letters of recommendation from LCDCs.
(b)
An applicant shall:
(1)
disclose and provide complete information about all misdemeanor
and felony charges, indictments, deferred adjudications, episodes of community
supervision or probation, and convictions;
(2)
read the commission rules (Texas Administrative Code, Title
40, Chapter 150);
(3)
follow all laws and rules, including the ethical standards;
(4)
allow the commission to seek any additional information
or references necessary; and
(5)
notify the commission in writing within 14 days of a change
in address.
(c)
Application materials become the property of the commission.
(d)
An application packet will not be accepted unless it is
complete.
(1)
Incomplete documents will be returned to the sender. The
commission will hold the remaining documents, but will not accept the application
until all outstanding documents have been completed and approved.
(2)
The application fee is not refundable and will not be returned.
When resubmitting documents that were returned to the sender as incomplete,
a second application fee is not required.
(e)
A document may be considered incomplete if it does not
conform with the following standards.
(1)
All documents must be complete, signed, and dated. Signatures
shall include credentials when required. If the documentation relates to past
activity, the date of the activity shall also be recorded.
(2)
Documentation shall be permanent and legible.
(3)
When it is necessary to correct a document, the error shall
be marked through with a single line, dated, and initialed by the writer.
Correction fluid shall not be used.
(f)
An applicant shall pass criminal history investigation
described in §150.31 of this title (relating to Criminal History Standards).
(g)
An applicant must receive written notice of registration
from the commission before accumulating any supervised work experience or
taking the examination or providing chemical dependency services.
(h)
Within 45 days of receipt of the application, the commission
shall notify the applicant that the application is complete or specify the
additional information required.
(i)
By signing the application, the applicant accepts responsibility
for remaining knowledgeable of licensure rules, including revisions.
(1)
Current rules are published in the Texas Administrative
Code and posted on the secretary of state's web site and the commission's
web site.
(2)
Proposed rule changes are published in the
Texas Register
and posted on the secretary of state's web site and
the commission's web site.
§150.26.Examination.
(a)
To be eligible for examination, an applicant shall:
(1)
be registered with the commission as an intern as described
in §150.25 of this title (relating to License Application and Registration
Process);
(2)
submit an acceptable case study to the test administrator;
and
(3)
pay the examination fee to the test administrator.
(b)
All required documentation and fees must be submitted to
the test administrator by the specified deadlines. It is the applicant's responsibility
to obtain testing information.
(c)
An applicant may only take the examination four times,
and all testing must be completed within five years from the date of registration.
An applicant shall take the written and oral portions of the examination together
unless the applicant has already passed one part of the examination.
(d)
If an applicant does not pass both parts of the examination
within five years of the date of registration and/or does not complete the
required 4,000 hours of supervised work experience, the commission shall deny
the application.
(1)
A person whose license application has been denied is no
longer an intern and cannot provide chemical dependency counseling services
under the auspices of a clinical training institution.
(2)
A person whose application has been denied under this section
may reapply for licensure only after completing 24 semester hours of course
work pre-approved by the commission at an institution of higher education.
The new application shall not be considered complete without an official college
transcript documenting the required coursework.
(3)
If the commission accepts the new application, the person
may take the failed portion(s) of the examination an additional three times.
The additional tests must be completed within three years of the new date
of registration. During this period, the applicant may provide chemical dependency
counseling services as an intern under the auspices of a registered clinical
training institution.
§150.27.Issuing Licenses.
(a)
When the applicant has met all requirements for licensure
and paid the licensure fee, the commission will issue a license within 45
days.
(b)
Licensed chemical dependency counselors shall keep current
versions of the certificate of licensure and the commission's public complaint
notice prominently displayed in their place of business.
(c)
A licensee shall not duplicate the licensure certificate
to obtain a second copy of the license. A licensee can obtain an official
duplicate certificate from the commission by submitting a written request
and the fee specified in §150.14 of this title (relating to Fees).
(d)
The commission will replace a lost or damaged certificate
if the licensee provides:
(1)
the remnants of the original license (if damaged);
(2)
the original license and copy of legal documents (for a
name change);
(3)
the original license (for printing error); or
(4)
a notarized statement if the license has been lost, stolen,
or destroyed.
(e)
A license replaced because of a printing error or mail
damage will be replaced without cost, but all other license replacements require
a fee, as specified in §150.14 of this title. The fee shall be paid in
advance with a money order, commercial check, or cashier's check.
(f)
Licensed chemical dependency counselors shall notify the
commission in writing within 14 days of a change in address.
(g)
The licensee shall return the license if it is suspended
or revoked.
(h)
The licensee shall remain knowledgeable of the current
rules in this chapter, including rule changes.
§150.28.Licensure through Reciprocity.
(a)
A person seeking application through reciprocity shall
submit:
(1)
a copy of the reciprocal license or certification;
(2)
the commission's current reciprocity application which
has been completed, signed, dated, and notarized;
(3)
two sets of fingerprints on cards issued by the commission;
(4)
a recent full-face wallet-sized photograph of the applicant;
(5)
two letters of recommendation; and
(6)
the application fee and the background investigation fee.
(b)
The applicant shall meet the criminal history standards
described in §150.31 of this title (relating to Criminal History Standards).
(c)
The commission may issue a license based on reciprocity
if the individual is currently licensed or certified by another state as a
chemical dependency counselor.
(d)
The commission shall not issue a license based on reciprocity
unless it finds that the licensing or certification standards of the state
of origin are at least substantially equivalent to the requirements of this
chapter.
(e)
An applicant who does not qualify for reciprocity may apply
for licensure through examination and is subject to the same standards as
other applicants.
§150.31.Criminal History Standards.
(a)
The commission reviews the criminal history of every applicant
for licensure. Reviews are conducted when:
(1)
an applicant for licensure through examination registers
with the commission as an intern;
(2)
an applicant has met all other requirements for licensure;
(3)
a licensed chemical dependency counselor applies for license
renewal; and
(4)
the commission receives information that a counselor or
intern has been charged, indicted, placed on deferred adjudication, community
supervision, or probation, or convicted of an offense described in subsection
(d) of this section.
(b)
An applicant shall disclose and provide complete information
about all misdemeanor and felony charges, indictments, deferred adjudications,
episodes of community supervision or probation, and convictions. Failure to
make full and accurate disclosure will be grounds for immediate application
denial, disciplinary action, or license revocation.
(c)
The commission obtains criminal history information from
the Texas Department of Public Safety, including information from the Federal
Bureau of Investigations (FBI).
(d)
The commission shall deny the initial or renewal license
application of a person who has been convicted or placed on community supervision
in any jurisdiction for committing the following offenses:
(1)
during the five years preceding the date of application:
(A)
class B misdemeanor alcohol and drug offenses; and
(B)
class B misdemeanor offenses resulting in actual or potential
harm to others or animals;
(2)
during the seven years preceding the date of application:
(A)
class A misdemeanor alcohol and drug offenses;
(B)
class A misdemeanor offenses resulting in actual or potential
harm to others or animals;
(C)
felony property offenses; and
(D)
felony alcohol and drug offenses;
(3)
during the ten years preceding the date of application:
felony offenses that result in actual or potential harm to others and/or animals
not listed separately in this section;
(4)
during the 15 years preceding the date of application:
(A)
kidnapping;
(B)
arson;
(C)
manslaughter;
(D)
homicide (single count); and
(E)
felony sexual offenses involving an adult victim who is
not a client (single count);
(5)
during the applicant's lifetime:
(A)
capital offenses;
(B)
sexual offenses involving a child victim;
(C)
felony sexual offenses involving an adult victim who is
a client (single count);
(D)
multiple counts of felony sexual offenses involving any
adult victim; and
(E)
multiple counts of homicide.
(e)
The commission shall defer action on the application of
a person who has been charged, indicted, or placed on deferred adjudication,
community supervision, or probation for an offense described in subsection
(d) of this section. The person may reapply for licensure when:
(1)
the charges are dropped or the person is found not guilty;
or
(2)
the timeframes established in subsection (d) of this section
have been met.
(f)
The commission shall suspend a counselor's license or an
intern's registration if the commission receives notice from the Texas Department
of Public Safety or another law enforcement agency that the individual has
been charged, indicted, placed on deferred adjudication, community supervision,
or probation, or convicted of an offense described in subsection (d) of this
section.
(1)
The commission shall send notice stating the grounds for
summary suspension by certified mail to the license holder at the address
listed in the commission's records. The suspension is effective five days
after the date of mailing.
(2)
The commission shall restore the person's license upon
receipt of official documentation that the charges have been dismissed or
the person has been found not guilty.
(g)
A person whose license has been denied or suspended under
this section may only appeal the action if:
(1)
The person was convicted or placed on community supervision;
and
(2)
the appeal is based on the grounds that the timeframes
defined in subsection (d) of this section have been met.
§150.32.License Expiration and Renewal.
(a)
A license issued under this chapter is valid for two years,
or until the expiration date printed on the license. The licensee is responsible
for renewing the license in a timely manner. The commission shall send the
licensee a renewal notice, but failure to receive notice from the commission
does not waive or extend renewal deadlines.
(b)
To renew a license, the counselor shall:
(1)
send a renewal application to the commission;
(2)
pay the renewal application fee, the license fee, and the
background investigation fee;
(3)
submit two sets of fingerprints on cards issued by the
commission;
(4)
meet the criminal history standards described in §150.31
of this title (relating to Criminal History Standards); and
(5)
complete all required continuing education.
(c)
A licensed chemical dependency counselor who is also licensed
as an LMSW, LMFT, LPC, physician, or psychologist in the state of Texas shall
complete at least 24 hours of continuing education during each two-year licensure
period. The individual must submit a copy of the active non-LCDC licensure
certificate to be eligible for this provision.
(d)
A licensed chemical dependency counselor who does not meet
the criteria in subsection (c) of this section must complete at least 60 hours
of continuing education.
(e)
All continuing education hours must be specific to substance
use disorders and their treatment or related to chemical dependency counseling
as defined by the KSA domains. Related education hours may include courses
in psychology, sociology, counseling, mental health, behavioral science, psychiatric
nursing, ethics, and rehabilitation counseling.
(f)
Continuing education hours must include at least three
hours of ethics training and at least six hours of training (total) in HIV,
Hepatitis C, and sexually transmitted diseases.
(g)
If an individual's job duties include clinical supervision,
required hours of continuing education must include three hours of clinical
supervision training.
(h)
Renewal fees are due on or before the expiration date.
A licensee who submits a late renewal application shall pay a penalty fee
in addition to the renewal application and licensure fees, as provided in §150.14
of this title (relating to Fees).
(i)
A license cannot be renewed more than one year after the
date of expiration. To obtain a new license, the person shall comply with
the requirements and procedures for obtaining an initial license. Everyone
who applies for a new license under this subsection must pass the written
and oral examinations, with one exception. If the person was licensed in Texas,
moved to another state, and is currently licensed and has been in practice
in the other state for the two years preceding application, the person may
renew an expired license without reexamination. The person must pay a fee
that is equal to two times the required renewal fee.
(j)
A person whose license has expired cannot offer or provide
chemical dependency counseling services as defined by the KSAs, represent
himself or herself as an LCDC, or act in the capacity of a QCC.
(k)
A licensee who teaches a qualifying continuing education
course shall receive the same number of hours as students attending the course.
Only one set of hours can be accrued for a single curriculum and no more than
30 hours of CE credit will be granted for courses taught by the applicant.
§150.33.Continuing Education Standards.
(a)
The commission will accept continuing education (CE) hours
that meet the criteria in this section. Hours that do not meet these criteria
may be evaluated on a case-by-case basis.
(b)
The commission will accept continuing education credits
from:
(1)
the commission;
(2)
other recognized state boards, including, but not limited
to the Texas State Boards of Nurse, Social Work, and Professional Counselor
Examiners;
(3)
the National Association of Alcohol and Drug Abuse Counselors;
and
(4)
the Texas Certification Board for Addiction Professionals
(TCBAP). Courses approved by TCBAP shall meet the standards described in §150.62
of this title (relating to Continuing Education Provider Standards).
(c)
For counselors who live out of state, the commission will
also accept continuing education hours approved by other state and federal
agencies.
(d)
Continuing education certificates must contain:
(1)
applicant's name and license number;
(2)
date CE hours were completed;
(3)
number of CE hours assigned to each course;
(4)
CE course title;
(5)
educational provider number, if applicable;
(6)
sponsoring agency name; and
(7)
signature of instructor or coordinator.
(e)
The commission will also accept education hours from an
accredited college or university.
(1)
College transcripts must contain the official seal of the
college and the signature of the registrar.
(2)
One hour of college credit is equivalent to 15 CE hours.
(f)
No more than 30 hours of independent study or distance
learning courses will be accepted. Independent study or guided learning courses
must be guided and monitored by the instructor and include an evaluation of
performance and/or participation verification. In addition, the course must
be structured so that students have access to faculty or instructors for questions
and assistance in the completion of such course work.
§150.34.Inactive Status.
(a)
A licensee may request to have his or her license placed
on inactive status by submitting a written request and paying the inactive
fee before the license expires. Inactive status shall not be granted unless
the license is current and in good standing, with no pending investigations
or disciplinary actions.
(b)
A person on inactive status cannot perform activities outlined
in the KSA domains, represent himself or herself as an LCDC, or act in the
capacity of a QCC. A person is subject to investigation and action during
the period of inactive status.
(c)
Inactive status shall not exceed two years.
(d)
To return to active status, the person shall submit a written
request to reactivate the license, a completed renewal application form, the
renewal application fee and the license renewal fee, and documentation of
30 hours of continuing education within the inactive status period.
(e)
An inactive license will automatically expire at the end
of the two-year period.
§150.41.Documentation.
(a)
The counselor shall establish and maintain a record for
every client at the time of initial service delivery. The client record shall
include:
(1)
client identifying information;
(2)
assessment results, including a statement of the client's
problems and/or diagnosis;
(3)
plan of care;
(4)
documentation of all services provided, including date,
duration, and method of delivery; and
(5)
a description of the client's status at the time services
are discontinued.
(b)
A counselor who is an independent practitioner shall maintain
a record of all charges billed and all payments received.
(c)
All entries shall be permanent, legible, accurate, and
completed in a timely manner.
(d)
All documents and entries shall be dated and authenticated.
Authentication of electronic records shall be a cryptography-based digital
signature.
(e)
When it is necessary to correct a record, the error shall
be marked through with a single line, dated, and initialed by the counselor.
(f)
The counselor shall protect all client records and other
client-identifying information from destruction, loss, tampering, and unauthorized
access, use or disclosure. Electronic client information shall be protected
to the same degree as paper records and shall have a reliable backup system.
(g)
The counselor shall not deny clients access to the content
of their records except as provided by the Texas Health and Safety Code, §611.0045.
(h)
Client records shall be kept for at least five years. Records
of adolescent clients shall be kept for at least five years after the client
turns 18.
§150.42.Ethical Standards.
(a)
All applicants, and licensed chemical dependency counselors
shall comply with these ethical standards.
(b)
The licensed chemical dependency counselor shall not discriminate
against any client or other person on the basis of gender, race, religion,
age, national origin, disability, sexual orientation, or economic condition.
(c)
The licensed chemical dependency counselor shall maintain
objectivity, integrity, and the highest standards in providing services to
the client.
(d)
The licensed chemical dependency counselor shall:
(1)
report to the commission any suspected, alleged, or substantiated
incidents of abuse, neglect, or exploitation committed by self or other licensed
chemical dependency counselors or registered counselor interns;
(2)
promptly report to the commission violations of Texas Occupations
Code, Chapter 504, or rules adopted under the statute, including violations
of this section by self or others;
(3)
recognize the limitations of his or her ability and shall
not offer services outside the counselor's scope of practice or use techniques
that exceed his or her professional competence; and
(4)
try to prevent the practice of chemical dependency counseling
by unqualified or unauthorized persons.
(e)
The licensed chemical dependency counselor shall not engage
in the practice of chemical dependency counseling if impaired by, intoxicated
by, or under the influence of chemicals, including alcohol.
(f)
The licensed chemical dependency counselor shall uphold
the law and refrain from unprofessional conduct. In so doing, the licensed
chemical dependency counselor shall:
(1)
comply with all applicable laws and regulations;
(2)
not make any claim, directly or by implication, that the
counselor possesses professional qualifications or affiliations that the counselor
does not possess;
(3)
not mislead or deceive the public or any person; and
(4)
refrain from any act which might tend to discredit the
profession.
(g)
The licensed chemical dependency counselor shall:
(1)
report information fairly, professionally, and accurately
to clients, other professionals, the commission, and the general public;
(2)
maintain appropriate documentation of services provided;
and
(3)
provide responsible and objective training and supervision
to interns and subordinates under the counselor's supervision. This includes
properly documenting supervision and work experience and providing supervisory
documentation needed for licensure.
(h)
In any publication, the licensed chemical dependency counselor
shall give written credit to all persons or works, which have contributed
to or directly influenced the publication.
(i)
The licensed chemical dependency counselor shall respect
a client's dignity, and shall not engage in any action that may injure the
welfare of any client or person to whom the counselor is providing services.
The licensed chemical dependency counselor shall:
(1)
make every effort to provide access to treatment, including
advising clients about resources and services, taking into account the financial
constraints of the client;
(2)
remain loyal and professionally responsible to the client
at all times, disclose the counselor's ethical code of standards, and inform
the client of the counselor's loyalties and responsibilities;
(3)
not engage in any activity which could be considered a
professional conflict, and shall immediately remove himself or herself from
such a conflict if one occurs;
(4)
terminate any professional relationship or counseling service
which is not beneficial, or is in any way detrimental to the client;
(5)
always act in the best interest of the client;
(6)
not abuse, neglect, or exploit a client;
(7)
not have sexual contact with or intentionally enter into
a personal or business relationship with a client (including any client receiving
services from the counselor's employer) for at least two years after the client's
services end;
(8)
not request a client to divulge confidential information
that is not necessary and appropriate for the services being provided; and
(9)
not offer or provide chemical dependency counseling or
related services in settings or locations which are inappropriate, harmful
to the client or others, or which would tend to discredit the profession of
chemical dependency counseling.
(j)
The licensed chemical dependency counselor shall protect
the privacy of all clients and shall not disclose confidential information
without express written consent, except as permitted by law. The licensed
chemical dependency counselor shall remain knowledgeable of and obey all state
and federal laws and regulations relating to confidentiality of chemical dependency
treatment records, and shall:
(1)
inform the client, and obtain the client's consent, before
tape-recording the client, allowing another person to observe or monitor the
client;
(2)
ensure the security of client records;
(3)
not discuss or divulge information obtained in clinical
or consulting relationships except in appropriate settings and for professional
purposes which clearly relate to the case;
(4)
avoid invasion of the privacy of the client;
(5)
provide the client his/her rights regarding confidentiality
in writing as part of informing the client in any areas likely to affect the
client's confidentiality; and
(6)
ensure the data requested from other parties is limited
to information that is necessary and appropriate to the services being provided
and is accessible only to appropriate parties.
(k)
The licensed chemical dependency counselor shall inform
the client about all relevant and important aspects of the professional relationship
between the client and the counselor, and shall:
(1)
in the case of clients who are not their own consenters,
inform the client's parent(s) or legal guardian(s) of circumstances which
might influence the professional relationship;
(2)
not enter into a professional relationship with members
of the counselor's family, close friends or associates, or others whose welfare
might be jeopardized in any way by such relationship;
(3)
not establish a personal relationship with any client (including
any individual receiving services from the counselor's employer) for at least
two years after the client's services end;
(4)
neither engage in any type or form of sexual behavior with
a client (including any individual receiving services from the counselor's
employer) for at least two years after the client's services end nor accept
as a client anyone with whom they have engaged in sexual behavior; and
(5)
not exploit relationships with clients for personal gain.
(l)
The licensed chemical dependency counselor shall treat
other professionals with respect, courtesy, and fairness, and shall:
(1)
refrain from providing or offering professional services
to a client who is receiving chemical dependency treatment from another professional,
except with the knowledge of the other professional and the consent of the
client, until treatment with the other professional ends;
(2)
cooperate with the commission, professional peer review
groups or programs, and professional ethics committees or associations, and
promptly supply all requested or relevant information unless prohibited by
law; and
(3)
ensure that his/her actions in no way exploit relationships
with supervisees, employees, students, research participants or volunteers.
(m)
Prior to treatment, the licensed chemical dependency counselor
shall inform the client of the counselor's fee schedule and establish financial
arrangements with a client. The counselor shall not:
(1)
charge exorbitant or unreasonable fees for any treatment
service;
(2)
pay or receive any commission, consideration, or benefit
of any kind related to the referral of a client for treatment;
(3)
use the client relationship for the purpose of personal
gain, or profit, except for the normal, usual charge for treatment provided;
(4)
accept a private professional fee or any gift or gratuity
from a client if the client's treatment is paid for by another funding source,
or if the client is receiving treatment from a facility where the counselor
provides services (unless all parties agree to the arrangement in writing).
§150.43.Actions Against a License.
(a)
Actions against a license include:
(1)
refusal to issue or renew a license;
(2)
suspension or revocation of a license;
(3)
placing a counselor on probation if the counselor's license
has been suspended; and
(4)
reprimand of a license holder.
(b)
The commission shall take action against a license for:
(1)
violating or assisting another to violate the statute or
these rules;
(2)
circumventing or attempting to circumvent the statute or
these rules;
(3)
participating, directly or indirectly, in a plan to evade
the statute or these rules;
(4)
engaging in false, misleading, or deceptive conduct as
defined by Business and Commerce Code, §17.46;
(5)
engaging in conduct that discredits or tends to discredit
the profession of chemical dependency counseling;
(6)
revealing or causing to be revealed, directly or indirectly,
a confidential communication made to the licensed chemical dependency counselor
by a client or recipient of services, except as required by law;
(7)
having a license to practice chemical dependency counseling
in another jurisdiction refused, suspended, or revoked for a reason that the
commission finds would constitute a violation of this chapter;
(8)
refusing to perform an act or service for which the person
is licensed to perform under this chapter on the basis of the client's or
recipient's sex, race, religion, age, national origin, or handicaps; or
(9)
committing an act for which liability exists under Civil
Practice and Remedies Code, Chapter 81.
(c)
The commission will determine the length of the probation
or suspension. The commission may hold a hearing at any time and revoke the
probation or suspension.
(d)
The commission may impose an administrative penalty against
a licensee who violates Texas Occupations Code, Chapter 504, or a rule or
order adopted under the statute.
(e)
Surrender or expiration of a license does not interrupt
an investigation or disciplinary action. The individual is not eligible to
regain the license until all outstanding investigations, disciplinary actions,
or hearings are resolved.
(f)
An individual whose license has been revoked is not eligible
to apply for licensure until two years have passed since the date of revocation.
During the period of revocation, the individual cannot become a counselor
intern.
(g)
The commission shall deny, suspend, and/or refuse to renew
the license of a person based on criminal history as provided in §150.31
of this title (relating to Criminal Histories).
(h)
The commission shall implement a final order to suspend
the license of a counselor for failure to pay child support as provided by
the Texas Family Code, Chapter 232.
§150.51.Pre-Service Education Institution (PSEI) Transition.
(a)
The commission shall not register new Pre-Service Education
Institutions (PSEIs) after November 1, 2001. The registration of any PSEI
registered with the commission on November 1, 2001 is valid through and expires
on June 30, 2002.
(b)
The PSEI shall ensure that all students admitted to the
program can complete the 270 hours before the program closes.
(c)
The PSEI shall maintain compliance with the standards for
PSEIs described in §150.72 of this title (relating to Pre-Service Education
Institution (PSEI) Standards) as published on January 1, 2000.
(d)
The PSEI shall notify the commission in writing within
30 days of any changes from the information submitted on the initial or renewal
application. This includes:
(1)
closure of the education program;
(2)
addition of a new education site; or
(3)
a change in the organization's name.
(e)
The commission may withdraw approval if the PSEI fails
to comply with all applicable commission rules.
§150.52.Practicum Provider Transition.
(a)
The commission shall not register new practicum providers
after November 1, 2001. The registration of any practicum provider registered
with the commission on November 1, 2001 is valid through and expires on June
30, 2002.
(b)
The practicum provider shall ensure that all students admitted
to the program can complete the 300-hour practicum before the program closes.
(c)
The practicum provider shall maintain compliance with the
standards for practicum provider described in §150.73 of this title (relating
to Practicum Provider Standards) as published on January 1, 2000.
(d)
The practicum provider shall notify the commission in writing
within 30 days of any changes from the information submitted on the initial
or renewal application. This includes:
(1)
closure of the practicum program;
(2)
addition of a new practicum site; or
(3)
a change in the organization's name.
(e)
The commission may withdraw approval if the practicum providers
fail to comply with all applicable commission rules.
§150.53.Clinical Training Institution (CTI) Registration.
(a)
To become a registered clinical training institution (CTI),
an organization shall:
(1)
provide activities in an array of the KSA domains, including
assessment and counseling;
(2)
serve a predominantly substance-abusing population;
(3)
be in good standing with applicable licensing and regulatory
agencies;
(4)
agree to comply with applicable rules in this chapter;
and
(5)
submit a complete application.
(b)
A complete application includes:
(1)
application form supplied by the commission; and
(2)
reading assignments and training activities including material
in each KSA domain.
(c)
The program shall receive the registration letter and training
program number before training begins. Approval allows the organization to
provide clinical training at any of its programs or sites with relevant services.
(d)
The approval is valid for two years. The CTI shall reapply
every two years by submitting a completed application form. The commission
may mail a courtesy notice, but it is the program's responsibility to reapply
at least 45 days before the expiration date.
(e)
The CTI shall notify the commission in writing within 30
days of any changes from the information submitted on the initial or renewal
application. This includes:
(1)
a change in the CTI coordinator;
(2)
a change in the organization's name or mailing address;
and
(3)
closure of the training program.
(f)
The commission may withdraw approval if the CTI fails to
comply with all applicable commission rules.
§150.54.Clinical Training Institution (CTI) Standards.
(a)
The training program shall appoint a single training coordinator
who is a qualified credentialed counselor (QCC). The training coordinator
shall oversee all training activities and ensure compliance with commission
requirements and rules.
(b)
The clinical training institution (CTI) shall establish
admission criteria. No applicant shall be admitted without:
(1)
documentation that the applicant is registered with the
commission; and
(2)
a signed ethics agreement which is consistent with the
LCDC Ethical Standards in §150.42 of this title (relating to Ethical
Standards).
(c)
The CTI shall establish the following level system to classify
interns according to hours of supervised work experience:
(1)
Level I: 0-1,000 hours of work experience;
(2)
Level II: 1,001-2,000 hours of work experience;
(3)
Level III: 2,001-4,000 hours of work experience; and
(4)
Graduate Status: over 4,000 hours of work experience.
(d)
The CTI shall accommodate interns at all levels of experience
and shall not deny admission to an applicant based on the person's level of
experience. The CTI shall designate each intern's level in writing and provide
the intern with a copy of the documentation.
(e)
All interns must be under the direct supervision of a QCC
as described in §150.55 of this title (related to Direct Supervision
of Interns).
(f)
The CTI shall provide each Level I, II, and III intern
with reading assignments and training activities for the supervised work experience
that includes material in each KSA domain.
(g)
The CTI shall use the commission's KSA evaluation tool
to structure the intern's 4,000 hours of supervised work experience.
(1)
The clinical supervisor and the intern shall set weekly
objectives based on areas that targeted for improvement.
(2)
The supervisor shall provide reading, computer, and/or
video assignments that address areas needing improvement. The CTI shall allow
the intern two hours per month to complete these assignments.
(3)
The clinical supervisor shall monitor the intern's progress
and provide verbal and written feedback during weekly supervision meetings.
(4)
The intern shall complete a written KSA self-evaluation
during the first 50 hours of work experience.
(5)
The clinical supervisor and the intern shall complete and
discuss a written KSA evaluation at the completion of each level of experience
(after 1,000 hours, 2,000 hours, and 4,000 hours).
(h)
The CTI shall not allow a Level I, II, or III intern to
accrue more than 40 hours of work experience per week.
(i)
A person who has completed the 4,000 hours of supervised
work experience and is currently eligible to take or retake the examination
is a graduate intern and may continue to provide chemical dependency counseling
services at a registered clinical training institution during the five-year
registration period.
(j)
The CTI coordinator shall send the following documents
directly to the commission and provide the intern with copies within ten working
days from the date the intern completes the required 4,000 hours or leaves
the agency:
(1)
the Supervised Work Experience form signed by the CTI Coordinator;
and
(2)
a copy of the intern's job description showing job responsibilities
within the KSAs.
(k)
All activities counted towards the intern's supervised
work experience shall be within the scope of chemical dependency counseling
service as defined by the KSAs.
(l)
The CTI shall not approve hours for which the intern fails
to complete related activities and supervision assignments. Any failure to
complete assignments shall be documented on the weekly supervision form.
(m)
The CTI shall give each student the commission's Student
CTI Assessment Form with instructions to complete the assessment and mail
it directly to the commission's counselor licensure department.
(n)
The CTI shall use all forms mandated by the commission.
(o)
The CTI shall ensure that each clinical supervisor obtains
three hours of continuing education in clinical supervision every two years.
(p)
The CTI shall inform students of testing requirements and
procedures, as well as testing schedules and information provided by the commission.
(q)
The CTI shall ensure that interns designate their status
by using "intern" or "CI" when signing client record entries.
(r)
The CTI shall maintain the following documentation for
four years:
(1)
documentation of supervised work experience reading assignments
and training activities;
(2)
verification of current credentials of all training personnel;
(3)
documentation of supervisor continuing education; and
(4)
student files, which shall include:
(A)
letter of registration;
(B)
ethics agreement signed by the student;
(C)
copies of KSA evaluations;
(D)
documentation of all supervision activities;
(E)
documentation of intern levels and accumulated hours; and
(F)
copy of the Supervised Work Experience Form.
(s)
The CTI shall give the student a copy of all information
contained in the intern file when the intern completes the required supervised
work experience and/or leaves the agency.
(t)
The CTI shall ensure that interns admitted to the program
before November 1, 2001 apply for registration with the commission as required
by §150.21 of this title (relating to Requirements for Licensure by Examination)
§150.55.Direct Supervision of Interns.
(a)
Direct supervision is oversight and direction of a counselor
intern provided by a qualified credentialed counselor (QCC) that complies
with the provisions in this section.
(b)
If the intern has less than 2,000 hours of supervised work
experience, the supervisor must be on site when the intern is providing services.
If the intern has at least 2,000 hours of documented supervised work experience,
the supervisor may be on site or immediately accessible by telephone.
(c)
During an intern's first 1,000 hours of supervised work
experience (Level I), the CTI coordinator or QCC shall:
(1)
be on duty at the program site where the intern is working;
(2)
observe and document the intern performing assigned activities
at least once every two weeks (or 80 hours);
(3)
provide and document one hour of face-to-face individual
or group supervision each week; and
(4)
sign off on all clinical assessments, treatment plans,
and discharge summaries completed by the intern.
(d)
During an intern's second 1,000 hours of supervised work
experience (Level II), the CTI coordinator or designee shall:
(1)
be on duty at the program site where the intern is working;
(2)
observe and document the intern performing assigned activities
at least once every month (160 hours);
(3)
provide and document one hour of face-to-face individual
or group supervision each week; and
(4)
sign off on all clinical assessments, treatment plans,
and discharge summaries completed by the intern.
(e)
During an intern's last 2,000 hours of required supervised
work experience (Level III), the CTI coordinator or designee shall:
(1)
be available by phone while the intern is working;
(2)
observe and document the intern performing assigned activities
as determined necessary by the CTI coordinator;
(3)
provide and document one hour of face-to-face individual
or group supervision each week; and
(4)
sign off on all clinical assessments, treatment plans,
and discharge summaries completed by the intern.
(f)
After an intern achieves graduate status, the CTI coordinator
or designee shall:
(1)
be available by phone while the graduate intern is working;
(2)
provide and document one hours of face-to-face individual
or group supervision each week; and
(3)
sign off on all clinical assessments, treatment plans,
and discharge summaries completed by the graduate intern.
(g)
A supervisor's schedule must allow an average of two hours
of supervision-related activity per week per intern.
§150.56.Intern Violations.
(a)
The CTI shall investigate all allegations that an intern
has violated the ethical standards described in §150.42 of this title
(relating to Ethical Standards).
(b)
If the allegation is substantiated, the CTI shall take
appropriate action. Action may include denying some or all of the intern's
supervised work experience hours.
(c)
The CTI shall submit a written report to the commission
within 48 hours of substantiating that an intern has:
(1)
abused, neglected, or exploited a service recipient;
(2)
committed an ethical violation that results in actual or
potential harm to a service recipient;
(3)
engaged in illegal activity;
(4)
falsified or destroyed documentation; or
(5)
established a close personal or business relationship with
a client outside the counseling relationship.
(d)
The CTI shall deny all supervised work experience hours
for an intern with a substantiated ethical violation described in subsection
(c) of this section.
§150.61.Continuing Education Provider Registration.
(a)
To become a registered Continuing Education Provider (CEP),
an organization shall be in good standing with applicable licensing and regulatory
authorities and submit:
(1)
a completed application form;
(2)
procedures for verifying and documenting attendance;
(3)
copy of the course description as described in §150.62
of this title (relating to Continuing Education Provider standards) for each
course to be offered; and
(4)
the continuing education provider fee established in §150.14
of this title (relating to Fees).
(b)
A provider shall not offer, advertise, or provide training
for continuing education credit before receiving the letter of registration
and CEP number from the commission.
(c)
Each continuing education course shall be approved in writing
by the commission before it is offered, advertised, or delivered.
(1)
To obtain approval for additional courses, the CEP shall
submit a copy of the course description described in §150.62 of this
title. Approval may take up to 45 days.
(2)
All substantial changes to an approved course shall be
approved in writing by the commission.
(d)
Registration allows the organization to provide approved
courses at any appropriate location and time.
(e)
The CEP shall not state or imply that a course is provided
or sponsored by the commission.
(f)
The registration is valid for two years. The CEP shall
reapply every two years by submitting the application provided by the commission.
The commission may mail a courtesy notice, but it is the CEP's responsibility
to reapply at least 45 days before the expiration date.
(g)
Approval for individual courses expires upon expiration
of the CEP registration.
(h)
The CEP shall notify the commission in writing within 30
days of any changes from the information submitted on the initial or renewal
application. This includes:
(1)
a change in the CEP coordinator;
(2)
a change in the organization's name or address; or
(3)
closure of the continuing education program.
(i)
The commission may withdraw approval if the CEP fails to
comply with all applicable commission rules.
§150.62.Continuing Education Provider Standards.
(a)
The CE hours shall consist only of material directly related
to the skills and knowledge defined in the KSAs.
(b)
The Continuing Education Provider (CEP) shall develop a
description for each course that includes:
(1)
course objectives that reference the KSAs;
(2)
course content;
(3)
teaching methods to be used; and
(4)
number of continuing education hours.
(c)
Courses shall be taught by qualified instructors with appropriate
knowledge in the subject matter. Qualified instructors include:
(1)
qualified credentialed counselors;
(2)
individuals with at least a master's degree in the subject;
(3)
individuals who are licensed, registered, or certified
in the subject area; and
(4)
individuals with documented education and experience generally
recognized as providing expertise in the subject.
(d)
Each credit hour of continuing education shall include
at least 50 minutes of instruction time.
(e)
The CEP shall implement procedures to verify attendance
and ensure that no participant receives credit for time not actually spent
attending the program.
(f)
The CEP shall provide a certificate of attendance to each
participant who completes the course that includes:
(1)
name of the CEP and the provider number;
(2)
course title;
(3)
KSA domains addressed in the course;
(4)
number of CE credit hours;
(5)
name and license number of the participant;
(6)
date and location of the program; and
(7)
signature of the CEP coordinator.
(g)
Each course shall include a mechanism for evaluation of
the program by participants. The CEP and instructor shall review the evaluation
results and revise subsequent programs accordingly.
(h)
The CEP shall keep the following records for each course
at least four years:
(1)
letter of course approval from the commission;
(2)
course description;
(3)
handouts;
(4)
the pre- and post- tests;
(5)
participant sign in sheets;
(6)
participant evaluations; and
(7)
a copy of the certificate of attendance.
(i)
Complaints regarding a CEP may be submitted to the Commission
in writing. Instructions for submitting a complaint to the commission, including
the commission's current address and toll-free number, shall be included on
all course advertisements and in a program handout.
(j)
The following standards apply to independent study or guided
learning courses.
(1)
The course must be faculty or instructor-guided and monitored
and structured so students have access to faculty or instructors for questions
and assistance in the completion of such course work.
(2)
The course must include a pre-test and a post-test.
(3)
Certificates of completion must indicate that the course
was a distance learning experience.
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 July 31, 2001.
TRD-200104418
Karen Pettigrew
General Counsel
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: September 16, 2001
For further information, please call: (512) 349-6607