Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
Chapter 461.
GENERAL RULINGS
22 TAC §461.7
The Texas State Board of Examiners of Psychologists proposes
amendments to §461.7, concerning License Statuses. The amendments are
being proposed in order to allow persons with a pending CE complaint who have
a documented medical hardship to claim retired status.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rules easier for the licensees and public to
follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Kourtney D. McDonald, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
Texas 78701, (512) 305-7700.
The new rule is proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed amendments do not affect other statutes, articles, or codes.
§461.7.License Statuses.
(a)
Active Status. Any person with a license on active status
may practice psychology pursuant to that license. Any license that is not
on inactive, delinquent, retired, resigned, void or revoked status is considered
to be on active status. Active status is the only status under which a licensee
may engage in the practice of psychology.
(b)
Inactive Status.
(1)
Persons who seek inactive status must return their license
to the Board. A person may not engage in the practice of psychology under
an inactive license.
(2)
A person may place his/her active license on inactive status
for a period of two years. Reactivation of this license may occur at any time
during this two-year period without the person having to take an exam provided
that the person has notified the Board and has paid the required fees. At
the end of the two-year period, if the person has not been reactivated, the
license automatically becomes void. The inactive status may be extended for
additional increments of two years if, prior to the end of each two-year period,
the person notifies the Board in writing that an extension is requested and
submits proof to the Board of continuous licensure by a psychology licensing
board in this or another jurisdiction for the past two-year period and payment
of all required fees. A person may indefinitely remain on inactive status
if he/she is licensed in this or another jurisdiction and complies with the
extension requirements set forth in this paragraph. Any person wishing to
reactivate his/her license that has been on inactive status for four years
or more must take and pass the Jurisprudence Exam with the minimum acceptable
score as set forth in Section 463.14 of this title (relating to Cutoff Scores)
unless the person holds another license on active status with this Board.
(3)
Any person who returns to active status after having been
on inactive status must provide proof of compliance with Board Rule 461.11
of this title (relating to Continuing Education) before reactivation will
occur.
(4)
A person with a pending complaint may place a license on
inactive status only with express permission from the Board. If disciplinary
action is taken against a person's inactive license, the person must reactivate
the license until the action has been terminated.
(c)
Delinquent Status. A person who fails to renew his/her
license for any reason when required is considered to be on delinquent status.
Any license delinquent for more than 12 consecutive months shall be void (non-payment).
A person may not engage in the practice of psychology under a delinquent license.
The Board may sanction a delinquent licensee for violations of Board rules.
(d)
Restricted status. Any license that is currently subject
to disciplinary action and/or sanction is considered to be on restricted status.
A person practicing under a restricted license must comply with any restrictions
placed thereon by the Board.
(e)
Retirement Status. A person who is on active or inactive
status with the Board may retire by notifying the Board in writing prior to
the renewal date for the license. A person seeking to retire after his or
her renewal date must submit proof of compliance with the Board's continuing
education requirement. A person with a pending complaint, a restricted license,
or who is otherwise not in compliance with all applicable Board rules may
not retire his or her license. Permission to retire will not be granted for
the purpose of allowing a licensee to avoid compliance with Section 461.11
of this title (relating to Continuing Education)
unless the licensee
presents to the Board evidence of extreme medical hardship and the Board grants
the request
. A person who retires shall be reported to have retired
in good standing.
(f)
Resignation Status. A person may resign only upon express
agreement by the Board. A person who resigns shall be reported as:
(1)
Resigned in lieu of adjudication if permitted to resign
while a complaint is pending;
(2)
Resigned in lieu of further disciplinary action if permitted
to resign while the license is subject to restriction; and
(3)
Resigned in lieu of delinquency status if permitted to
resign prior to voiding of the license due to failure to renew.
(g)
Void (Non-Payment) Status. The Board may void any license
that has been delinquent for 12 months or more or any inactive license that
has expired. An individual may not engage in the practice of psychology under
a void license. A license that has been voided may not be reinstated for any
reason. A licensee whose license has been voided must submit a new application
if he or she wishes to obtain a new license with the Board.
(h)
Revoked Status. A license is revoked pursuant to Board
Order requiring revocation as a disciplinary action.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on June 18, 2001.
TRD-200103459
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: August 5, 2001
For further information, please call: (512) 305-7700
22 TAC §465.2, §465.3
The Texas State Board of Examiners of Psychologists proposes
an amendment to §465.2 concerning Supervision and §465.3 concerning
Providers of Psychological Services. The amendments are being proposed in
order to organize the rules so that they are easier for licensees and the
public to understand.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rules are in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rules easier for the licensees and general public
to follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposals may be submitted to Kourtney D. McDonald, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
Texas 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed amendments do not affect other statutes, articles, or codes.
§465.2.Supervision.
(a)
A licensee is responsible for the professional supervision
of all individuals that the licensee employs or utilizes to provide psychological
services of any kind.
(b)
Licensees provide an adequate level of supervision to all
individuals under their supervision according to accepted professional standards
given the experience, skill and training of the supervisee and the type of
psychological services.
(c)
Licensees must be competent to perform any psychological
services being provided under their supervision.
(d)
Licensees shall document their supervision activities in
writing.
(e)
Licensees delegate only those responsibilities that supervisees
may legally and competently perform.
(f)
Licensees utilize methods of supervision that enable the
licensee to monitor all delegated services for legal, competent, and ethical
performance.
(g)
For purposes of this rule, the term "supervision" does
not apply to the supervision of purely administrative or employment matters.
(h)
Licensed psychological associates
and provisionally licensed psychologists must be under the supervision of
a licensed psychologist and may not engage in independent practice.
§465.3.Providers of Psychological Services.
(a)
Psychologists shall employ or utilize an individual to
provide psychological services, in any setting not specifically exempt under §501.004(a)(1)
of the Psychologists' Licensing Act (the Act), only if:
(1)
The individual is licensed by this Board; or
(2)
The individual is specifically exempted from licensure
requirements by §501.004(a)(2) of the Act, relating to provision of services
as part of a supervised course of study by students, residents or interns
pursuing a course of study in a recognized training institution or facility;
or,
(3)
The individual is engaged in post-doctoral supervision
for purposes of satisfying §501.252(b)(2) of the Act; or
(4)
The individual is completing supervised experience for
purposes of satisfying §501.260(b)(3) of the Act, relating to Licensed
Specialist in School Psychology.
(b)
Unlicensed individuals providing psychological services
pursuant to §501.004(a)(2), §501.252(b)(2), or §501.260(b)(3)
of the Act must be under the direct supervision of an authorized supervising
licensee at all times. All patients or clients who receive psychological services
from an unlicensed individual under such supervision must be clearly informed
of the supervisory status of the individual and how the patient or client
may contact the supervising licensee directly.
[
An individual may not provide
psychological services under a license from this Board and services or activities
under another professional license simultaneously. Patients and clients who
receive services and activities provided by an individual who holds more than
one professional license must be informed of the license under which the services
and activities are being provided.]
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on June 18, 2001.
TRD-200103456
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: August 5, 2001
For further information, please call: (512) 305-7700
Chapter 465
RULES OF PRACTICE
(c)