Part 10.
TEXAS FUNERAL SERVICE COMMISSION
Chapter 201.
LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE
22 TAC §201.2
The Texas Funeral Service Commission adopts new §201.2,
concerning Risk Based Inspection Procedures with changes to the proposed text
published in the December 14, 2001, issue of the
Texas Register
(26 TexReg 10200).
The Commission withdraws the words
price lists
from subsection (d)(3). Additionally, the Commission withdraws references
to statutes or rules in subsection (d)(1) - (13). The Commission has changed
the number of days from 30 to 15 in subsection (f)(5) to provide consistency
with subsection (b) of this section. A comma is added to paragraph (11).
The Commission's counsel has determined that the changes affect no new
person, entities, or subjects other than those given notice and that compliance
with the adopted amendment will be less burdensome than under the proposed
version. Accordingly, republication of the adopted section as a new rule is
not required.
The section is adopted to comply with the requirements of Texas Occupations
Code §651.157 which requires the Commission to adopt procedures for the
inspections of funeral establishment and commercial embalming establishments
and criteria when the Commission should inspect funeral establishments and
commercial embalming establishments based on risks of violations.
The Texas Funeral Directors Association (TFDA) recommended using the words
The commenter also suggested changing the phrase
establishments which are the subject of consumer complaints
in subsection
(c) to
establishments with a history of complaints
. The Commission disagrees. The wording suggested by the commenter
changes the meaning and intent of the sentence. An establishment need not
have a previous history of consumer complaints, but may be the subject of
an initial consumer complaint or inspection deficiency and be placed on a
risk based inspection list. The commenter suggested technical changes to sentences
throughout the section which do not substantively change the meaning of the
sentence and are therefore not adopted. Finally the commenter wished to have
deleted the reference in subsection (d)(5) to cleanliness and community standards,
citing the inability to define those terms. However, the Commission asserts
that some communities do have standards for building integrity and safety
and a case by case examination of those standards would be utilized if a complaint
that a licensed facility was lacking in those areas was received by the Commission.
The Commission adopts the new section under Occupations Code, §651.152
and §651.157. The Commission interprets Occupations Code §651.152
as authorizing it to adopt rules as necessary to administer Chapter 651. The
Commission interprets §651.157 as requiring the Commission to adopt procedures
for the inspections of funeral establishments and criteria when the Commission
should inspect establishments base on risks of violations.
§201.2.Risk Based Inspection Procedures.
(a)
The purpose of the Enforcement Division is to promote the
welfare of the people of Texas by thoroughly, fairly, and impartially conducting
investigations of alleged or suspended violations of laws or rules subject
to the governance of the Texas Funeral Service Commission (TFSC) and by conducting
timely, fair, and comprehensive inspections.
(b)
The goal of the Inspector is to conduct timely and comprehensive
inspections by accurately inspecting and recording all relevant details subject
to inspection per statute and rules and by reporting to the Chief of Enforcement
any establishment or facility licensed or registered by the commission for
failing to prove compliance within 15 days of an inspection.
(c)
The criteria for Risk Based Inspections includes but is
not limited to establishments with history of inspection violations, establishments
failing to prove compliance to statute or rules within a time required by
the Commission, and establishments which are the subject of consumer complaints.
(d)
Inspectors should note every deficiency found during an
inspection--included but not limited to the following guideline:
(1)
Approved version of Authorization to Embalm
(2)
Most current version of Facts about Funerals
(3)
Insure funeral purchase agreements reflect the correct
name and address and telephone number of the Commission and explain to consumers
that a complaint may be filed with the Commission
(4)
All files audited in order and contain proper paperwork,
signed by licensed personnel
(5)
establishment continuing to meet community standards for
cleanliness and suitability
(6)
Former deficiencies noted during past year corrected
(7)
Information on how to file a complaint with the Commission
and licenses for both establishment and personnel conspicuously and prominently
displayed
(8)
Display rooms contain mandated merchandise, similarly displayed
(9)
establishment can verify access to moving stock
(10)
Establishment has appointed Funeral Director in Charge
who meets statutory requirements for position
(11)
Establishment name is the same as the name printed on
the license, physical address is the same as that recorded in the Commission
database
(12)
Violations of Chapter 193: Death certificates filed not
later than 10 days after death, burial transit permits/cremation permits present
in file for Direct Cremations
(13)
Preparation room meets established requirements of statute
and rules.
(e)
All deficiencies should be recorded on the inspection check
list, discussed with the funeral director in charge, if possible. A copy of
the inspection check list recorded in the risk based database, and a copy
retained in the licensing file. Inspection check list deficiencies should
be tracked or monitored to insure proof of compliance is provided by licensee
time specified on check list. Any deficiency that is not corrected, or any
licensee who fails to prove compliance should be noted in a report by the
inspector and forwarded for follow up by an investigator.
(f)
The Resolution for deficiencies found during the Inspection
Process
(1)
Establishments inspected once every Biennial period to
insure continued compliance with Texas Occupations Code, Chapter 651 and Title
22 Part 10 Texas Administrative Code
(2)
Establishments on Inspectors Deficiency Report for risk
based inspections are inspected annually until the Commission determines that
the establishment is free of violations
(3)
Establishments given 15 days to provide proof of compliance
following a noted deficiency or request in writing an extension in time accompanied
by a plan for achieving compliance in all areas
(4)
Establishments with noted deficiency or consumer complaints
revisited at least once a year to track compliance
(5)
Establishments failing to comply after finding of deficiency
after 15 days are referred to Investigations
(6)
Complaint case file opened and establishment is notified
of complaint
(7)
Complaint resolution process followed
(g)
All deficiencies should be recorded on the inspection checklist,
discussed with the funeral director in charge, if possible, and left with
an establishment representative. The information from the inspection checklist
recorded in the risk based database, and a copy retained in the licensing
file.
(h)
Inspection check list deficiencies should be tracked or
monitored to insure proof of compliance is provided by licensee within specified
on check list. Any deficiency that is not corrected, or any licensee who fails
to prove compliance should be noted in a report by the inspector with sufficient
detail to enable the investigation of the deficiency and the licensee to prepare
a defense and forward to Investigations for follow up by an investigator.
(i)
The inspector should also pass on the information regarding
the uncorrected deficiency or failure to prove compliance to the licensing
technicians and the Executive Director.
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 January 29, 2002.
TRD-200200544
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Effective date: February 18, 2002
Proposal publication date: December 14, 2001
For further information, please call: (512) 936-2466
22 TAC §201.18
The Texas Funeral Service Commission (Commission) adopts
the amendment to §201.18, concerning Charges for Providing Copies of
Public Information without changes to the text as proposed in the December
21, 2001, issue of the
Texas Register
(26
TexReg 10478)
The amended section is adopted to change the existing language and accept
by reference the regulations for providing public information of the Building
and Procurement Commission, formerly the General Services Commission.
No comments were received regarding the proposed amendment to the section.
The Commission adopts the amendment under Occupations Code, §651.152
and Government Code, §552.261. The Commission interprets Occupations
Code §651.152 as authorizing it to adopt rules as necessary to administer
Chapter 651. The Commission interprets Government Code, §552.261 as requiring
it to charge for copies of public information in accordance with the published
rules of the Building and Procurement Commission.
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 January 29, 2002.
TRD-200200555
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Effective date: February 18, 2002
Proposal publication date: December 21, 2001
For further information, please call: (512) 936-2466
22 TAC §203.17
The Texas Funeral Service Commission (Commission) adopts
an amendment to §203.17, concerning Clarification of Other Facilities
Necessary in a Preparation Room with changes from the proposed text published
in the November 9, 2001, issue of the
Texas Register
(26 TexReg 8977).
The Commission inserts in subsection (c) the phrase
forward the petition to the Commissioners for consideration of the application
for exemption
and deletes the phrase
notify
the petitioner that the exemption has been granted and will remain in effect
so long as the criteria listed in subsection (b) of this section remain unchanged
. Grammatical changes are made to indicate plural forms of words in
subsection (a).
The section is adopted to comply with the requirements of the Texas Occupations
Code, §651.351.
No comments were received concerning the proposed amendment.
The Commission adopts the amendment under Occupations Code, §651.152
and §651.351. The Commission interprets Occupations Code §651.152
as authorizing it to adopt rules as necessary to administer Chapter 651. The
Commission interprets §651.351 as setting standards for funeral establishments
and casket displays, and establishing a preparation room exemption process.
§203.17.Clarification of Other Facilities Necessary in a Preparation Room.
(a)
The commission will approve only those preparation rooms
which meet the requirements of Chapter 651, Texas Occupations Code, and the
following minimum standards listed in paragraphs (1) - (12) of this subsection
prescribed by the commission:
(1)
must be of sufficient size and dimensions to accommodate
an operating table, a sink with water connections, and an instrument table,
cabinet, or shelves:
(A)
the operating table must have a rust proof metal or porcelain
top, with edges raised at least 3/4 inch around the entire table and a drain
opening at the lower end;
(B)
the sink must have hot and cold running water and drain
freely;
(C)
the faucet must be equipped with an aspirator;
(2)
must contain an injection/embalming machine and sufficient
supplies and equipment for normal operations;
(3)
must be clean, sanitary, and not used for other purposes;
(4)
must not have defective construction which permits the
entrance of rodents;
(5)
must not have evidence of infestation of insects or rodents;
(6)
must be private and have no general passageway through
it;
(7)
must be properly ventilated with an exhaust fan that provides
at least five room air exchanges per hour;
(8)
must not have unenclosed or public restroom facilities
located within the room;
(9)
must have walls which run from floor to ceiling and be
covered with tile, or by plaster or sheetrock painted with washable paint;
(10)
must have floors of concrete with a glazed surface, or
tiled in order to provide the greatest sanitary condition possible;
(11)
must have doors, windows, and walls constructed to prevent
odors from entering any other part of the building;
(12)
must have all windows and openings to the outside screened.
(b)
The majority owner or designated agent of record of a funeral
establishment may submit a written petition to the commission requesting an
exemption to subsection (a) of this section. Each petition shall clearly state:
(1)
each location's name and address;
(2)
that the exempt establishment is located within 50 miles
of the facility at which embalming services are to be performed;
(3)
that no embalming services will be performed at the exempt
funeral establishment location.
(c)
Upon receipt of the petition and the determination by the
executive director that the criteria listed in subsection (b) of this section
have been met, the executive director will forward the petition to the Commissioners
for consideration of the application for exemption.
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 January 29, 2002.
TRD-200200554
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Effective date: February 18, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2466
22 TAC §203.21
The Texas Funeral Service Commission (Commission) adopts
amendment to §203.21 concerning Presentation of Consumer Brochure without
changes as published in the November 9, 2001, issue of the
Texas Register
(26 TexReg 8979).
The section is adopted to notify licensees of the requirements of state
and federal law regarding presentation of the consumer brochure and to protect
consumers by assuring that they receive the consumer brochure in a timely
fashion.
The Texas Funeral Directors commented against the proposal, favoring presentation
of the consumer brochure at the same time as the price list, rather than during
the arrangement conference, as proposed.
The Commission questions its authority to adopt an enforceable rule requiring
presentation of the brochure with the price list. Occupations Code, §651.404
and §651.454 use the phrases
when funeral services
are discussed
and
at the beginning of the
arrangement process
, respectively. The Federal Trade Commission's funeral
rule at 16 CFR 453 uses the phrase
upon beginning
discussion of prices
. The Commission interprets these provisions as
requiring the presentation of the consumer brochure not later than during
the arrangement conference. These provisions do not prevent the brochure's
presentation sooner, however. Accordingly, the amendment as adopted allows
but does not require presentation of the consumer brochure before the arrangement
conference by providing for furnishing it
during
the arrangement conference, if not before
.
The Commission's counsel has determined that the changes affect no new
persons, entities, or subjects other than those given notice and that compliance
with the adopted amendment will be less burdensome than under the proposed
version. Accordingly, republication of the adopted section as proposed is
not required.
The Commission adopts the amendment under Occupations Code, §651.152.
The Commission interprets Occupations Code §651.152 as authorizing it
to adopt rules as necessary to administer Chapter 651.
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 January 29, 2002.
TRD-200200553
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Effective date: February 18, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2466
22 TAC §203.22
The Texas Funeral Service Commission adopts new §203.22
concerning Required Documentation for Embalming without changes to the proposed
text as published in the December 14 , 2001, issue of the
Texas Register
(26 TexReg 10201).
The section is adopted to change some of the language that existed in the
repealed version of the section while keeping some of the former language
and to introduce by reference a new Authorization to Embalm form created by
the Commission.
Comments were received from representatives of San Antonio College Mortuary
Department. The comments related to language contained in a working draft
but not proposed by the Commission. Accordingly, the comments were not relevant
to the proposed new section.
The Commission adopts the new section under Occupations Code, §651.152.
The Commission interprets Occupations Code §651.152 as authorizing it
to adopt rules as necessary to administer Chapter 651.
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 January 29, 2002.
TRD-200200552
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Effective date: February 18, 2002
Proposal publication date: December 14, 2001
For further information, please call: (512) 936-2466
22 TAC §203.23
The Texas Funeral Service Commission (Commission) adopts
the amendment to §203.23, concerning Location of Retained Records without
changes to the proposed text as published in the December 21, 2001, issue
of the
Texas Register
(26 TexReg 10480).
The section is adopted to reflect the codification of the Commission's
enabling legislation in the Occupations Code.
The Commission received no comments on the proposed amendment.
The Commission adopts the amendment under Occupations code, §651.152.
The Commission interprets Occupations Code §651.152 as authorizing it
to adopt rules as necessary to administer Chapter 651.
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 January 29, 2002.
TRD-200200550
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Effective date: February 18, 2002
Proposal publication date: December 21, 2001
For further information, please call: (512) 936-2466
22 TAC §203.24
The Texas Funeral Service Commission (Commission) adopts
the amendment to §203.24, concerning Unprofessional Conduct without changes
to the proposed text as published in November 9, 2001, issue of the
The section is adopted to reflect the codification of the Commission's
enabling legislation in the Occupations Code and to clarify that failing to
file requested documentation with the Commission is an act of unprofessional
conduct.
The Commission received no comments on the proposed amendment.
The Commission adopts the amendment under Occupations Code, §651.152.
The Commission interprets Occupations Code §651.152 as authorizing it
to adopt rules as necessary to administer Chapter 651.
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 January 29, 2002.
TRD-200200549
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Effective date: February 18, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2466
22 TAC §203.27
The Texas Funeral Service Commission (Commission) adopts
the repeal of §203.27, concerning Sponsors of Provisional Licensees as
published in the August 10, 2001, issue of the
Texas
Register
(26 TexReg 5983).
The repeal is adopted to remove from the Texas Administrative Code the
existing section so that a new section under the same section number may be
adopted.
The Commission received no comments on the proposed repeal of §203.27.
The repeal is adopted under Occupations Code, §651.152 and
Government Code, §2001.021. The Commission interprets Government Code §2001.021
as establishing a statutory procedure for rulemaking petitions. The Commission
interprets Occupations Code, §651.152 as authorizing it to adopt rules
as necessary to administer Chapter 651.
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 January 30, 2002.
TRD-200200576
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Effective date: February 19, 2002
Proposal publication date: August 10, 2001
For further information, please call: (512) 936-2466
22 TAC §203.27
The Texas Funeral Service Commission (Commission) adopts
new §203.27, concerning Sponsors of Provisional Licensees without changes
from the proposed text published in the November 9, 2001, issue of the
The section is adopted to establish the requirements for provisional licensee
sponsorship.
The Commission received no comments on the new section.
The Commission adopts the new section under Occupations Code, §651.152.
The Commission interprets Occupations Code §651.152 as authorizing it
to adopt rules as necessary to administer Chapter 651.
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 January 29, 2002.
TRD-200200548
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Effective date: February 19, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2466
22 TAC §203.31
The Texas Funeral Service Commission (Commission) adopts
the amendment to §203.31 concerning Inspections of Licensed or Registered
Facilities without changes to the proposed text as published in the November
9, 2001 issue of the
Texas Register
(26 TexReg
8981).
The section is adopted to recognize the risk-based inspection process required
by Occupations Code, §651.157, the requirement to inspect cemeteries
and crematories under certain circumstances, to provide for contacting establishments
or facilities by mail in the event an inspector is unable to conduct an inspection,
and to authorize the filing of complaints against facilities or establishments
that are unavailable for inspection twice during a six-month period.
There were no comments received on the proposed amendment.
The Commission adopts the amendment under Occupations Code, §651.152.
The Commission interprets Occupations Code §651.152 as authorizing it
to adopt rules as necessary to administer Chapter 651.
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 January 29, 2002.
TRD-200200547
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Effective date: February 18, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 936-2466
22 TAC §205.1
The Texas Funeral Service Commission adopts new §205.1,
concerning Registration of Cemeteries and Crematories with changes to the
proposed text as published in the December 14, 2001, issue of the
Texas Register
(26 TexReg 10202).
The section is adopted to comply with Occupations Code, §651.652 and §651.654
relating to the registration of certain cemeteries and crematories.
The Commission received comments from the Texas Funeral Directors Association
(TFDA). TFDA recommended adding the phrase
related
to the burial or final disposition of a body
and the phrase
shall be registered
rather than the published phrase
register with
in subsection (a). The Commission agrees and has added
the recommended language to the adopted version.
TFDA also recommended adding a new sentence in subsection (a) describing
the Texas Department of Banking's duty to furnish lists of perpetual care
cemeteries to the Commission upon request. The Commission disagrees. The Department
of Banking's duty to furnish lists of perpetual care cemeteries is clearly
established by §651.654. The Commission has no reason to believe that
the Department of Banking will not furnish the requests lists.
The Commission's counsel has determined that the changes affect no new
persons, entities, or subjects other than those given notice and that compliance
with the adopted amendment will be less burdensome than under the proposed
version. Accordingly, republication of the adopted section as a new rule is
not required.
The Commission adopts the new section under Occupations Code, §§651.152,
651.652 and 651.654. The Commission interprets Occupations Code §651.152
as authorizing it to adopt rules as necessary to administer Chapter 651. The
Commission interprets §651.652 as describing those cemeteries that must
register with the Commission, and the Commission interprets §651.654
as describing the Department of Banking's duty to furnish lists of perpetual
care cemeteries to the Commission upon request.
§205.1.Registration of Cemeteries and Crematories.
(a)
All cemeteries and crematories that sell goods or services
related to the burial or final disposition of a body shall register or be
registered with the Texas Funeral Service Commission on or before March 1,
2002.
(b)
Registration must be renewed annually on or before March
1st.
(c)
Perpetual care cemeteries registered with the Texas Department
of Banking are exempt from the registration fee.
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 January 29, 2002.
TRD-200200546
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Effective date: February 18, 2002
Proposal publication date: December 14, 2001
For further information, please call: (512) 936-2466
22 TAC §205.2
The Texas Funeral Service Commission adopts new §205.2,
concerning Fees for Registration of Cemeteries and Crematories with changes
to the proposed text as published in the December 14, 2001, issue of the
The section is adopted to establish registration fees for cemeteries and
crematories as required by Occupations Code, §651.653(e).
The Commission received comments from the Texas Funeral Directors Association
(TFDA). TFDA suggested adding the phrase "related to the burial or final disposition
of a body" to §205.2(a) in describing the cemeteries and crematories
that must pay annual registration fees. The Commission agrees and has included
the recommended addition in the adopted section.
The Commission's counsel has determined that the changes affect no new
persons, entities, or subjects other than those given notice and that compliance
with the adopted amendment will be less burdensome than under the proposed
version. Accordingly, republication of the adopted section as a new rule is
not required.
The Commission adopts the new section under Occupations Code, §651.152.
The Commission interprets Occupations Code §651.152 as authorizing it
to adopt rules as necessary to administer Chapter 651.
§205.2.Fees for Registration of Cemeteries and Crematories.
(a)
The Texas Funeral Service Commission (Commission) shall
set the annual registration fee for a cemetery or crematory that sells goods
or services related to the burial or final disposition of a body based on
the recommendation of the Executive Director.
(b)
The amount of the registration fee will be based on the
cost of regulating registrants under Texas Occupations Code 651, including
the cost of investigating complaints and enforcing disciplinary actions by
the Commission.
(c)
The fee shall be posed in the Commission Fee Schedule and
on the Commission's website: www.tfsc.state.tx.us and included in registration
applications and registration renewal applications.
(d)
All cemeteries, other than exempt cemeteries, shall pay
the initial registration fee on or before March 1, 2002 and annually thereafter.
(e)
The late penalty fee is equal to the registration fee.
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 January 29, 2002.
TRD-200200545
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Effective date: February 18, 2002
Proposal publication date: December 14, 2001
For further information, please call: (512) 936-2466
Chapter 461.
GENERAL RULINGS
22 TAC §461.17
The Texas State Board of Examiners of Psychologists adopts
new rule §461.17, concerning Profile Information, without changes to
the proposed text as published in the November 23, 2001, issue of the
The new rule is being adopted in order to comply with Senate Bill 187 passed
by the 77th Texas Legislature requiring the agency to establish a profile
system for psychologists.
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the new rule.
The new rule is adopted 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.
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 February 1, 2002.
TRD-200200637
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: February 21, 2002
Proposal publication date: November 23, 2001
For further information, please call: (512) 305-7700
22 TAC §463.2
The Texas State Board of Examiners of Psychologists adopts
amendments to §463.2, concerning Application Process, without changes
to the proposed text as published in the November 23, 2001 issue of the
The amendments are being adopted in order to reflect the change in the
approval of applications.
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted 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.
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 February 1, 2002.
TRD-200200638
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: February 21, 2002
Proposal publication date: November 23, 2001
For further information, please call: (512) 305-7700
22 TAC §463.14
The Texas State Board of Examiners of Psychologists adopts
amendments to §463.14, concerning Written Examinations, without changes
to the proposed text as published in the November 23, 2001, issue of the
The amendments are being adopted in order to comply with the new computerized
national examination.
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted 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.
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 February 1, 2002.
TRD-200200639
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: February 21, 2002
Proposal publication date: November 23, 2001
For further information, please call: (512) 305-7700
Chapter 203.
LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES
Chapter 205.
REGISTRATION AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES
Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
Chapter 463.
APPLICATIONS AND EXAMINATIONS
Chapter 465.
RULES OF PRACTICE