Part 36.
COUNCIL ON SEX OFFENDER TREATMENT
Chapter 810.
COUNCIL ON SEX OFFENDER TREATMENT
The Council on Sex Offender Treatment (Council) proposes amendments
to §§810.3 - 810.5, 810.7, 810.9, 810.61 - 810.64, 810.92, 810.122,
and 810.153 concerning the certification of registered sex offender treatment
providers. Specifically, the sections cover clean up of previous language,
qualifications, adds specialized competencies for those to be recognized in
the registry and fees.
Section 810.3 is proposed for amendment to clarify some language, increase
the veracity of the reference letters, increase the standards for verification
for clinical hours, develop specialized competencies for registrants, and
create criteria for approved supervisors. Section 810.4 is proposed for amendment
to delete unnecessary language and to add clarification to existing language,
and adds clarification to approving continuing education units. Section 810.5
is proposed for amendment to add fees for specialized competencies; establish
fees for being a Registered Sex Offender Treatment Provider supervisor; and
add language regarding adjunct fees. Section 810.7 is proposed for amendment
by clarifying and adding language regarding acceptable continuing education
hours. Section 810.9 deletes wording that required a respondent of a complaint
to provide a response with a sworn statement. Section 810.61 is proposed for
amendment to delete unnecessary language, changes the requirements of registrants
displaying their certificate in all locations where they provide treatment,
provides clarification to previous language regarding treatment approaches,
provides a recommended treatment group size and adds language regarding appropriate
stimuli when using phallometric assessments for adolescents. Section 810.62
allows for registrants to provide clients with information regarding filing
a complaint rather than requiring them to display the information in each
location that they provide services. Section 810.63 is proposed for amendment
to delete outdated existing language and language that references statute.
Section 810.64 is proposed for amendment to clean up some pervious language,
add language regarding a formal relapse prevention plan and add an additional
type of assessment. Section 810.92 is proposed for amendment to delete unnecessary
language and add language regarding physiological assessments. Section 810.122
is proposed for amendment to add definitions to this section, clarify pervious
language and delete unnecessary language. Section 810.153 adds clarifying
language and information regarding services for Sexually Violent Predators.
Government Code, §2001.039 requires that each state agency review
and consider for readoption each rule adopted by that agency pursuant to the
Government Code, Chapter 2001 (Administrative Procedure Act). Sections 810.3
- 810.5, 810.7, 810.9, 810.61 - 810.64, 810.92, 810.122 and 810.153 have been
reviewed and the council has determined that the reasons for adopting the
sections continue to exist; however, revisions to the rules are necessary.
Sections 810.1-810.2, 810.6, 810.8, 810.31-810.34, 810.91, 810.121, 810.151-810.152,
810.181-810.183, 810.211, 810.241-810.242, and 810.271-810.272 have been reviewed
and the council has determined that the reasons for readopting the sections
continue to exist. The sections are proposed without changes and are opened
for comments.
The department published a Notice of Intention to Review for the sections
being reviewed as required by Government Code, §2001.039 in the
Janet Latham, Executive Director, Council on Sex Offender Treatment has
determined that for the first five-year period the sections are in effect,
there will be fiscal impact on state government as a result of enforcing or
administering the sections. The increased supervisors fees are projected to
generate additional revenue of $400 per year, which will be used to offset
the cost of administering the program. The amount will probably increase in
future years due to the proposed language requiring documented hours for the
initial application for an Affiliate Sex Offender Treatment Provider (ASOTP).
There will be an increase in revenue due to the Specialized Competencies,
which a dollar amount cannot be determined at this time. There will be no
fiscal impact for local government.
Ms. Latham has also determined that for the first five-years the sections
are in effect, the public benefit as a result of enforcing or administering
the sections will be to cover the cost of administering the program, to clarify
the qualifications for certification, to clarify acceptable standards of conduct
for Registered Sex Offender Treatment Providers, set out what services may
be performed by a Registered Sex Offender Treatment Provider and increase
the quality of sex offender treatment being provided. The sections assure
that the regulation of Registered Sex Offender Treatment Providers continues
to identify competent treatment providers. There will be minimal cost to small
and micro businesses or persons for those who elect to meet the terms of the
sections as proposed. The increase in cost will only affect individuals who
choose to have their specialties listed in the treatment provider registry.
The proposed cost for listing specialties will be $20 per specialty listed.
There will be no cost to those who do not want to list a specialty in the
registry. There will be no impact on local employment.
Comments on the proposal may be submitted to Janet Latham, Executive Director,
Council on Sex Offender Treatment, 1100 West 49th Street, Austin, Texas 78756-3183,
telephone (512) 834-4530. Comments will be accepted for 30 days following
the date of publication of this proposal in the
Texas Register
.
Subchapter A. SEX OFFENDER TREATMENT PROVIDER REGISTRY
22 TAC §§810.3 - 810.5, 810.7, 810.9
The amendments are proposed under Texas Civil Statutes, Article
4413(51), §2, which provides the Council with the authority to adopt
rules consistent with the Act, which are necessary for the performance of
its duties.
The amendments affect Texas Civil Statutes, Article 4413(51).
§810.3.Registry Criteria.
The council maintains a database of registrants whose experience in
the
treatment
[
(1)
Registered Sex Offender Treatment Provider (RSOTP). The
council may waive any prerequisite to registration for an
application
[
(A)
licensed
[
(B)
experience
[
(i)
possess a minimum of 1000 hours of clinical experience
in the areas of assessment and treatment of sex offenders, obtained within
a consecutive seven-year period, and provide two reference letters from
licensed or certified
professionals who
have actual knowledge
[
(ii)
possess a minimum of 40 hours of documented continuing
education training, as defined in §810.7 of this title (relating to Documentation
of Experience and Training), obtained within three years prior to application
date, in the specific area of sex offender
assessment and
treatment
[
(C)
(No change.)
(D)
person making initial application or renewing their
eligibility for the registry shall adhere to Subchapter C Standards of Practice
and Subchapter D Code of Professional Ethics and shall
comply with the
following [
(i)
not
[
(ii)
not
[
(iii)
not
[
(iv)
not
[
(v)
submit
[
(vi)
not
[
(E)-(H)
(No change.)
(2)
Affiliate Sex Offender Treatment Provider (ASOTP). To be
eligible as an ASOTP, the applicant must meet all of the following criteria:
(A)
licensed
[
(B)
experience
[
(i)
possess a minimum of 250
documented and verified
hours of clinical experience in the areas of assessment and treatment of sex
offenders, provide two reference letters from
licensed or certified
professionals who
have actual knowledge
[
(ii)
supervised
[
(iii)
possess a minimum of 40 hours of documented continuing
education training, as defined in §810.7 of this title, obtained within
three years prior to application date, in the specific area of sex offender
assessment and
treatment [
(C)
complete and submit an
[
(D)
persons making initial application or renewing their
eligibility for the registry shall adhere to Subchapter C Standards and Subchapter
D Code of Professional Ethics shall
comply with the following[
(i)
not
[
(ii)
not
[
(iii)
not
[
(iv)
not
[
(v)
submit
[
(vi)
not
[
(E)-(H)
(No change.)
(3)
Specialized Competencies. Registered
Sex Offender Treatment Providers with specialized competencies in the assessment
and treatment of juvenile, female, and/or mentally handicapped sex offenders
may have those competencies listed by their name in the Registry, if they
meet the following criteria (certification is required only for the initial
publication and not thereafter):
(A)
possess at least 250 hours experience in the
assessment and treatment of juvenile, female, or mentally handicapped sex
offenders; these hours may be part of the original training and experience
hours required for the original certification (going back up to 7 years);
(B)
possess a minimum of 24 hours of documented
continuing education training in the assessment and treatment of juvenile,
female, or mentally handicapped sex offenders; these hours may be part of
the original training and experience hours required for the original certification
(going back up to 7 years); and
(C)
pay an annual fee for each specialty as defined
in §810.5 of this title.
(4)
[
(A)
An ASOTP providing any sex offender treatment is required
to be under the supervision of
an approved
[
(B)
An approved RSOTP supervisor
that is not in place prior to the effective date of this rule must meet the
following criteria:
(i)
five years experience as a RSOTP:
(I)
designated as a supervisor under their license
title or;
(II)
designated as a faculty member or adjunct faculty
member in an accredited clinical training program of their discipline; and
(ii)
designation as an approved RSOTP supervisor,
which will require an annual credentialing fee as defined in §810.5 of
this title.
(C)
[
(D)
[
(5)
[
(A)
The Council of Sex Offender Treatment Providers (Council)
shall prepare and provide to each registrant a certificate which contains
the registrants name and certificate number.
(B)
A registrant shall not display a registration certificate,
which has been reproduced or is expired, suspended, or revoked.
(C)
Any certificate issued by the council remains the property
of the council and must be surrendered to the council upon demand.
(D)
The address and telephone number of the council must be
displayed at all locations where sex offender treatment
is conducted
and/or provide a copy on initial intake
for the purpose of directing
complaints against the registrant to the council.
(6)
[
(A)
The following times shall apply from a completed application
receipt and acceptance date for filing or until the date a written notice
is issued stating the application is deficient and additional specific information
is required. A written notice of application approval may be sent instead
of the notice of acceptance of a complete application. The times are as follows:
(i)
letter of acceptance of application for registry renewal--30
days; and
(ii)
letter of initial application deficiency--30 days.
(B)
The following times shall apply from the receipt of the
last item necessary to complete the application until the date of issuance
of written notice approving or denying the application. The times for denial
include notification of the proposed decision and of the opportunity, if required,
to show compliance with the law and of the opportunity for a formal hearing.
The times are as follows:
(i)
approval of application--42 days; and
(ii)
letter of denial of license or registration--90 days.
(7)
[
(A)
The applicant has the right to request reimbursement of
all fees paid in that particular application process. Application for reimbursement
shall be made to the executive director. If the executive director does not
agree that the time has been violated or finds that good cause existed for
exceeding the time, the request will be denied.
(B)
Good cause for exceeding the time is considered to exist
if the number of applications for registration or renewal exceeds by 15% or
more, the applications processed in the same calendar quarter of the preceding
year; another public or private entity relied upon by the council in the application
process caused the delay; or any other condition exists giving the council
good cause for exceeding the time.
(C)
If the executive director denies a request for reimbursement
under subparagraph (A) of this paragraph the applicant may appeal to the council
for a timely resolution of any dispute arising from a violation of the times.
The applicant shall give written notice to the council at the address of the
council that he or she requests full reimbursement of all fees paid because
his or her application was not processed within the applicable time. The executive
director shall submit a written report of the facts related to the processing
of the application and of any good cause for exceeding the applicable time.
The council shall provide written notice of the decision to the applicant
and the executive director. The council shall decide an appeal in favor of
the applicant, if the applicable time was exceeded and good cause was not
established. If the council decides the appeal in favor of the applicant,
full reimbursement of all fees paid in that particular application process
shall be made.
(D)
The times for contested cases related to the denial of
registration or renewal are not included with the times listed in paragraphs
(6)(A)
[
§810.4.Registry Renewal.
In order to maintain eligibility for the registry, the primary license
of each renewal must be current and active. All renewal applicants must comply
with the following:
(1)
Number of continuing education hours. All renewal applicants
must submit by the end of every fiscal year, a
total of a
minimum
of 12
documented
[
(2)-(4)
(No change.)
(5)
Continuing education activities. Continuing education
must be sex offender or sexual assault survivor specific
activities
that
shall be instructor-directed activities such as conferences, symposia,
seminars and workshops and must be accepted or approved for continuing education
credits by the licensing agencies regulating professionals listed in §810.3
of this title (relating to Registry Criteria)
as well as the Council
on Sex Offender Treatment
.
(6)
(No change.)
(7)
Presentation of continuing education. All renewal applicants
may count a maximum of four hours per renewal period for the presentation
of continuing education training, lectures, or courses in the specific area
of sex offender
assessment and
treatment [
(8)-(11)
(No change.)
§810.5.Fees.
The council has established the following registration fees.
(1)
All applicants must submit a non-refundable application
fee of $200
and a nominal electronic application fee if applicable, as
established by the contracting agency
and meet the following requirements
for consideration and inclusion in the registry:
(A)-(C)
(No change.)
(2)
(No change.)
(3)
Applicants that meet the specialized
competency criteria and chose to list those competencies listed in the registry
will be charged an initial $20 non-refundable fee per specialty.
(4)
[
(5)
Registrants that meet the RSOTP
supervisor criteria and want to be designated as an approved supervisor shall
pay an annual $20 credentialing fee.
(6)
[
(A)
A person who is otherwise eligible to renew a registration
may renew an unexpired registration by paying the required registration fee
to the council on or before the expiration date of the registration.
(B)
Registrants wanting to continue
to list their specialized competencies in the registry will be charged an
annual $10 fee per specialty listed.
(C)
[
(D)
[
§810.7.Documentation of Experience and Training.
In determining the acceptability of the treatment provider's experience
and/or training, the council will require documentation of experience and/or
training
[
§810.9.Complaints, Disciplinary Action [
(a)-(b)
(No change.)
(c)
Responsibilities of registrant.
(1)-(2)
(No change.)
(3)
The subject of the complaint will be notified of the allegations
either in writing, by phone or in person by the executive director or designee
to the case and will be required to provide a [
(4)
(No change.)
(d)-(j)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 23, 2002.
TRD-200202506
Walter J. Meyer, III, M.D.
Chairperson
Council on Sex Offender Treatment
Earliest possible date of adoption: June 9, 2002
For further information, please call: (512) 458-7236
22 TAC §§810.61 - 810.64
The amendments are proposed under Texas Civil Statutes, Article
4413(51), §2, which provides the Council with the authority to adopt
rules consistent with the Act, which are necessary for the performance of
its duties.
The amendments affect Texas Civil Statutes, Article 4413(51).
§810.61.Introduction to Standards of Practice.
(a)
(No change.)
(b)
Sexual deviance is a learned or acquired behavioral disorder
but may also be influenced by biological factors. Treatment is focused on
recognizing,
modifying
[
(c)
Sex offender
assessment
[
(d)
This document was developed by the council to delineate
appropriate
assessment
[
§810.62.Council Assertions.
(a)
Registrants shall:
(1)-(17)
(No change.)
(18)
display
or provide in writing
the address and
telephone number of the council in all sites where sex offender treatment
services are provided for the purpose of directing complaints to the council.
(b)
Registrants assert that:
(1)-(2)
(No change.)
[
(3)
[
(4)
[
(5)
[
(6)
[
(7)
[
(8)
[
(9)
[
(10)
[
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
(17)
[
(18)
[
(19)
[
(20)
[
(21)
[
(22)
[
(23)
[
(24)
[
(25)
[
(26)
[
(27)
[
(28)
[
(29)
[
(30)
[
(31)
[
(32)
[
(A)
it is determined that sufficient safeguards exist;
(B)
the sex offender has demonstrated control over his or her
deviant arousal;
(C)
it does not impede the sex offender's progress in treatment;
and
(D)
court mandated conditions do not prohibit such contact;
(33)
[
(34)
[
(35)
[
§810.63. Assessments/ [
(a)
(No change.)
(b)
The following standards were largely adapted from a publication
from the Association for the Treatment of Sexual Abusers entitled, Ethical
Standards and Principles for the Management of Sexual Abusers, Revised
2001
[
(1)-(8)
(No change.)
(9)
if the client is
incapable or
a juvenile [
(10)
thoroughly review written documentation and collateral
interviews. This involves gathering and reviewing information from all available
and relevant sources, including:
(A)-(G)
(No change.)
(H)
information regarding details of the offense as obtained
by law enforcement
[
(I)
(No change.)
(11)-(13)
(No change.)
(14)
re-interviews of
survivors
[
(15)
keep the sex offender and
survivor's
[
(c)-(e)
(No change.)
§810.64.Issues to Be Addressed in Treatment.
(a)
During the decade preceding 1995, the field of sex offender
assessment
[
(b)
Although existing data are inadequate to determine which
type of treatment is the most effective for which type of sex offender, the
following treatment methods generally are accepted as those most important
to the effective treatment of sexual deviancy.
(1)
Arousal Control. Control of deviant arousal, fantasies,
and urges is a priority with most sex offenders. Fantasy and sexual arousal
to fantasy are precursors to deviant sexual behavior. It should be assumed
that most offenders have gained sexual pleasure from their specific form of
deviance. Arousal control methods do not eliminate but only help control arousal.
It is therefore necessary that clients learn to apply these techniques in
everyday situations [
(2)
(No change.)
(3)
Relapse Prevention. Current knowledge of deviant sexual
behavior suggests that there is a
cycle
[
(4)-(7)
(No change.)
(8)
Couples/Family Therapy. To facilitate transition of the
sex offender's partner into therapy a variety of treatment modalities are
recommended. Individual therapy, non-offending spouses groups, and/or parents
or legal guardians
of
victim's
[
(9)-(10)
(No change.)
(11)
After-care
[
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 April 23, 2002.
TRD-200202507
Walter J. Meyer, III, M.D.
Chairperson
Council on Sex Offender Treatment
Earliest possible date of adoption: June 9, 2002
For further information, please call: (512) 458-7236
22 TAC §810.92
The amendment is proposed under Texas Civil Statutes, Article
4413(51), §2, which provides the Council with the authority to adopt
rules consistent with the Act, which are necessary for the performance of
its duties.
The amendment affects Texas Civil Statutes, Article 4413(51).
§810.92.Code Of Ethics.
(a) -(b)
(No change.)
(c)
Confidentiality.
(1)-(5)
(No change.)
(6)
As noted
in paragraph (4) of this subsection
[
(A)
There exists a clear [
(B)
(No change.)
(d)
Assessments.
(1)-(4)
(No change.)
(5)
The responsible use of assessment measures is of paramount
concern and a serious responsibility of each registrant. Assessments regarding
a person's degree of sexual dangerousness, suitability for treatment, or other
forensic referral questions shall not be determined solely on the basis of
a
physiological
[
(6)-(11)
(No change.)
(e)-(g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on April 23, 2002.
TRD-200202508
Walter J. Meyer, III, M.D.
Chairperson
Council on Sex Offender Treatment
Earliest possible date of adoption: June 9, 2002
For further information, please call: (512) 458-7236
rehabilitation
] of sex offenders may
vary. The council shall recognize the experience and training of treatment
providers in either one of two categories. These may be "Registered Sex Offender
Treatment
Provider" or "Affiliate Sex Offender Treatment Provider."
applicant
] after receiving the applicant's credentials
and determining that the applicant holds a valid registration from another
state that has registration requirements substantially equivalent to those
of this state. To be eligible as a RSOTP, the applicant must first meet all
of the following criteria:
be licensed
] or certified
to practice as a physician, psychiatrist, psychologist, licensed professional
counselor, licensed marriage and family therapist, licensed master social
worker-advanced clinical practitioner, or advanced nurse practitioner recognized
as a psychiatric clinical nurse specialist or psychiatric mental health nurse
practitioner, and who provides mental health or medical services for the
treatment
[
rehabilitation
] of sex offenders. The license
status must be current and active.
satisfy the experience
]
and training required
as listed
below:
know
] of the applicant's clinical work in sex offender treatment;
and
and evaluation
]. Of the initial 40 hours training required, 30
hours [
or 75%
] must be in sex offender
specific
[
rehabilitation
] training. Ten hours [
or 25%
] must be in sexual
assault issues and/or sexual assault
survivor
[
victim
]
related training;
. Person making initial application or renewing their eligibility
for the registry
]:
must not
] have been convicted
of any felony, or of any misdemeanor involving a sex offense, nor have received
deferred adjudication for a sex offense, unless sufficient evidence of rehabilitation
has been established as determined by the council;
must not
] have had licensure
revoked, canceled, suspended, or placed on probationary status by any professional
licensing body, unless sufficient evidence of rehabilitation has been established
as determined by the council;
must not
] have been determined
by any professional licensing body to have engaged in unprofessional or unethical
conduct, unless sufficient evidence of rehabilitation has been established
as determined by the council;
must not
] have been determined
by the council to have engaged in deceit or fraud in connection with the delivery
of services or documentation of registry requirements or registry eligibility;
must submit
] themselves to
a criminal history background check. An applicant may be required to submit
a complete set of fingerprints with the application documents, or other information
necessary to conduct a criminal history background check to be submitted to
the Texas Department of Public Safety or to another law enforcement agency.
If fingerprints are requested, the fingerprints must be taken by a peace officer
or a person authorized by the council and must be placed on a form prescribed
by the Texas Department of Public Safety; and
must not
] have violated any
rule adopted by the council;
be licensed
] or certified
to practice as a physician, psychiatrist, psychologist, psychological associate,
licensed professional counselor, licensed marriage and family therapist, licensed
master social worker, advanced nurse practitioner, licensed marriage and family
therapist associate, licensed professional counselor intern, provisionally
licensed psychologist, recognized as a psychiatric clinical nurse specialist
or psychiatric mental health nurse practitioner, who provides mental health
or medical services for the rehabilitation of sex offenders;
satisfy the experience
]
and training required
as listed
below:
know
] of the
applicant's clinical work in sex offender treatment;
be supervised
] by an
RSOTP in accordance with paragraph
(4)(C)
[
(3)(B)
] of
this subsection until RSOTP status is reached; and
and evaluation
]. Of the initial
40 hours training required, 30 hours [
or 75%
] must be in sex offender
specific
[
rehabilitation
] training. Ten hours [
or 25%
] must be in sexual assault issues and/or sexual assault
survivor
[
victim
] related training;
submit a complete
and
] accurate description of their treatment program on a form provided
by the council;
. Persons making initial application or renewing their eligibility for the
registry
]:
must not
] have been convicted
of any felony, or of any misdemeanor involving a sex offense, nor have received
deferred adjudication for a sex offense, unless sufficient evidence of rehabilitation
has been established as determined by the council;
must not
] have had licensure
revoked, canceled, suspended, or placed on probationary status by any professional
licensing body, unless sufficient evidence of rehabilitation has been established
as determined by the council;
must not
] have been determined
by any professional licensing body to have engaged in unprofessional or unethical
conduct, unless sufficient evidence of rehabilitation has been established
as determined by the council;
must not
] have been determined
by the council to have engaged in deceit or fraud in connection with the delivery
of services or documentation of registry requirements of registry eligibility;
must submit
] themselves to
a criminal history background check. An applicant may be required to submit
a complete set of fingerprints with the application documents, or other information
necessary to conduct a criminal history background check to be submitted to
the Texas Department of Public Safety or to another law enforcement agency.
If fingerprints are requested, the fingerprints must be taken by a peace officer
or a person authorized by the council and must be placed on a form prescribed
by the Texas Department of Public Safety; and
must not
] have violated any
rule adopted by the council;
(3)
] Supervision. All ASOTP's providing
any sex offender treatment must be supervised. Supervision will include the
following.
a
] RSOTP
supervisor
. The ASOTP must provide a notarized copy of supervision documentation
annually, to the council during the renewal period.
(B)
] The ASOTP must receive face-to-face
supervision at least one hour per month, or if providing more than 20 hours
of direct clinical sex offender
assessment and
treatment per month,
the ASOTP must receive one hour of supervision per every 20 hours of sex offender
assessment and
treatment [
provided
].
(C)
] The supervising RSOTP must
submit annual documentation to the council at the time of their renewal; the
documentation will contain the
name(s)
[
name
] of the
ASOTP(s)
[
ASOTP's
] that have been supervised during the year.
The supervising RSOTP will be required to use a form provided by the council.
(4)
] Registration Certificates.
Upon successful completion of the application or renewal process, registrants
will receive an official certificate from the council. This certificate must
be displayed at all locations where sex offender treatment is provided
and or provide a copy on initial intake
.
For a nominal fee, duplicate
[
Duplicate
] certificates may be obtained for this purpose.
(5)
] Application processing. The
council shall comply with the following procedures in processing applications
for a license.
(6)
] Refund processing. The council
shall comply with the following procedures in processing refunds of fees paid
to the council. In the event an application is not processed in the times
stated in paragraph
(6)(A)
[
(5)(A)
] of this section.
(5)(A)
] and
(6)(B)
[
(5)(B)
]
of this subsection. The time for conducting a contested case hearing runs
from the date the council receives a written hearing request until the council's
decision is final and appealable. A hearing may be completed within three
to nine months, but may be shorter or longer depending on the particular circumstances
of the hearing, the workload of the department and the scheduling of council
meetings.
hours of
] continuing education
hours.
[
documentation
]
At least 9 of the 12 hours must
be
[
in sex offender
]
in the specific area of sex offender
assessment and treatment
[
treatment of which
]
and the
additional 3
[
three
] hours may be in sexual assault
survivor
[
victim
] related training[
, beginning September
1999
].
and evaluation
],
sexual assault issues and/or
survivor
[
victim
] training.
(3)
] Renewal forms and information
will be mailed to each registrant at least 60 days prior to registration expiration
and sent to the registrant's last address of record with the council.
(4)
] To renew, an RSOTP or an ASOTP
must submit an annual renewal fee of $100
and a nominal electronic renewal
fee if applicable, as established by the contracting agency
and meet
the following requirements.
(B)
] If a registration has been
expired for 90 days for less, the late renewal fee is $150.
C
] If a registration has been expired
for longer than 90 days but less than one year, the reinstatement fee is $200.
tjraining
] regarding the quality, scope, and nature
of the applicant's work in sex offender
assessment and
treatment
[
and rehabilitation
]. This will include two reference letters from
licensed or certified
professionals who
have actual knowledge of
[
can attest to
] the applicant's work in sex offender treatment.
The council
will only recognize
[
recognizes
] continuing
education activities that are instructor-directed activities such as conferences,
symposia, seminars and workshops
.
The content of the continuing
education should reflect generally accepted theory and practice in the assessment
and treatment of sex offenders or the assessment and treatment of sexual assault
survivors
and must be accepted or approved for continuing education
credits by the licensing agencies regulating professionals listed in §810.3
of this title (relating to Registry Criteria).
Final approval of all
continuing education submission is subject to council review.
Actions ], Administrative Hearing and Judicial Review.
sworn
] response
to the allegations within two weeks of that notice.
Subchapter C. STANDARDS OF PRACTICE
changing
] and managing deviant
behavior and the attitudes that promote it. Sexual deviance is not considered
to be a disease that can be cured. The focus of contemporary treatment is
on techniques designed to assist sex offenders in maintaining control throughout
their lifetime. Therefore, treatment should include simple, practical techniques
that can be used during and after
sex offender specific treatment
[
formal therapy
].
evaluation
]
and treatment requires an approach unfamiliar to most mental health professionals.
Treatment providers often exercise substantial control over the lives of their
clients because of the concern for community protection. For this and other
reasons, standards of practice specific to the treatment of sex offenders
are necessary.
evaluation
] and treatment procedures
and policies. These standards were largely adapted from a publication of the
Association for the Treatment of Sexual Abusers (ATSA) entitled, Ethical Standards
and Principles for the Management of Sexual Abusers, Revised
2001
[
1997
]. They are not intended to supplant the standards of the
treatment provider's licensing/certifying board, but are intended to supplement
them. These standards delineate professional expectations for the treatment
of sex offenders.
(3)
registrants shall have no
history of criminal or sexually deviant acts;]
(4)
] criminal investigation, prosecution,
and court orders for treatment may be components of effective intervention;
(5)
] where practical, registrants
should actively involve community supervision officers, child protective services
workers, and
survivor
[
victim
] therapists in case management;
(6)
] a voluntary client accepted
for treatment should be held to the same standards of compliance as are mandated
sex offenders;
(7)
] it is imprudent to release
an untreated sex offender without providing offense-specific
assessment
[
evaluation
] and treatment or specialized supervision;
(8)
] without external pressure many
sex offenders will not follow through in treatment. Internal motivation improves
the prognosis, but is not a guarantee of success;
(9)
] comprehensive assessment of
the sex offender must precede treatment and includes issues addressed in §810.63
of this title (relating to
Assessments/
[
Assessment and
]Evaluation
Concerns);
(10)
] sex offenders require comprehensive,
long term, offense-specific treatment. Currently, cognitive-behavioral approaches
that utilize sex offender peer groups
have been recognized as the standard
method
[
may be the most effective and best evaluated methods
]
of treatment.
Treatment groups shall be limited to 12 clients and special
needs groups should be limited to 8 clients.
Self-help groups, drug
intervention, or time limited treatment should be used only as adjuncts to
more comprehensive treatment. For some sex offenders, incarceration without
treatment may increase the risk of recidivism;
(11)
] a written individualized
treatment plan that identifies the issues, intervention strategies, and goals
of treatment shall be prepared for each sex offender. Treatment plans should
be reassessed periodically;
(12)
] the treatment plan may include
behavioral contracts which outline specific expectations of the sex offender,
his/her family, and the sex offender's support systems. These contracts should
include provisions to avert high risk situations. These contracts should be
reassessed periodically;
(13)
] progress, or lack thereof,
should be clearly documented in treatment records. Specific achievements,
failed assignments and rule violations should be recorded. This information
should be provided to the appropriate supervising officer in the justice system;
(14)
] progress in treatment must
be based on specific, measurable objectives, observable changes, and demonstrated
ability to apply changes in relevant situations. For most sex offenders, progress
requires changes in the sex offender's behavior, attitudes, social and sexual
functioning, cognitive processes, and arousal patterns. These changes should
demonstrate increased understanding by the offender of his own deviant behavior,
sensitization to the effects on a
survivor
[
victim
],
and ability to seek and apply help;
(15)
] when a sex offender has made
the changes required in treatment, there should be a gradual and commensurate
decline of intervention, support, and supervision following an offense-specific
treatment program. Ongoing support to maintain changes made in treatment is
necessary and aftercare and monitoring are desirable;
(16)
] there will be instances when
the registrant should refuse to treat a sex offender because essential ancillary
resources do not exist to provide the necessary levels of intervention or
safeguards;
(17)
] the registrant has an ethical
obligation to refer the client to a more comprehensive treatment program and/or
to the judicial system, when the registrant determines that a sex offender
is not making the changes necessary to reduce his/her risk to the community;
(18)
] failure on the part of clients
to abide by their treatment plans and/or contracts should result in referral
back to the supervising officer in the justice system;
(19)
] a registrant may decide to
decline further involvement with a client who refuses to address any critical
aspect of treatment;
(20)
] registrants need to immediately
notify the appropriate authority when a client drops out of court-ordered
treatment;
(21)
] most sex offenders enter
the criminal justice system with varying degrees of denial regarding their
behavior. Overcoming denial is a gradual process achieved in treatment. The
existence of some degree of denial should not preclude an offender entering
treatment, although the degree of denial should be a factor in identifying
the most appropriate form and location of treatment;
(22)
] sex offender treatment is
unlikely to be effective unless the sex offender admits his/her behavior.
Community based treatment may not be appropriate for sex offenders who continue
to demonstrate complete denial after a trial period of treatment;
(23)
] registrants
shall
[
should
] not rely exclusively on self report by the sex offender
to assess progress or compliance with treatment requirements and/or probation
or parole orders. Registrants shall rely on multiple sources of information
which may include
[
regarding the sex offender's behavior and when
possible utilize
] physiological methods such as polygraph,
phallometric
[
Phallometric
], and other research based
sexual arousal/preference
assessments
[
physiological measurements
];
(24)
] physiological measures
and sexual arousal/preference assessment
should not replace other forms
of monitoring but may improve accuracy when combined with active surveillance,
collateral verifications, and self-report.
Penile Plethysmograph
[
Phallometric assessment
] in Texas must be conducted by an order
and under the supervision of a physician. Polygraph examinations should only
be conducted by licensed examiners that meet the "Recommended Guidelines for
the Clinical Polygraph Examinations of Sex Offenders" as developed by the
Joint Polygraph Committee on Offender Testing (JPCOT);
(25)
] polygraph can be effective
in encouraging disclosure of prior events and adherence to rules. This procedure
should never be the only method used to determine factual information;
(26)
]
Physiological or sexual
arousal/preference assessments
[
Phallometric methods
] cannot
be used to prove an individual did or did not, or will or will not commit
a sexual offense. However, they can be useful in identifying sexual preferences
and changes in preferences over time;
(27)
] informed, voluntary consent
should always be obtained prior to engaging clients in aversive conditioning;
(28)
]
when using phallometric
[
if Phallometric
] assessment or aversive
treatment
techniques
[
therapies are used
] with persons 15 years of
age or younger, consent for such assessment and
treatment
[
therapy
] should be obtained from the juvenile sex offender and written
consent for such assessment and
treatment
[
therapy
]
should be obtained from the juvenile sex offender's parents
or legal
guardians
, and the procedures should be reviewed by a multi-disciplinary
professional or institutional advisory group. This is intended to insure that
individuals not intimately involved in the treatment of the patient have input
regarding the appropriateness of such methods consistent with the developmental
level of the child
. Stimuli must be specific for use with adolescents
;
(29)
] individuals under age
13
[
thirteen
] should not undergo
phallometric
[
Phallometric
] assessment or aversive
treatment
[
therapies
] except in rare cases which must be approved by a multi-disciplinary
advisory group;
(30)
] in cases of intellectually
handicapped sex offenders who are unable to give written consent, an interdisciplinary
review and
parent's or legal guardian's
[
parental
] written
consent
must be obtained for
[
are the ways to obtain
]
permission to proceed with treatment;
(31)
] removal of an intrafamilial
sex offender against children from a residence in which children reside (instead
of the children) is the preferred option;
(32)
] treatment referrals should
be offered to the non-offending spouse and children in cases where a parent
or legal guardian
has been removed and to the family where a juvenile
sex offender has been removed;
(33)
] if the sex offender has a
history of sexual arousal to or reported fantasies of sexual contact with
children, he or she should be restricted from having access to children. Supervised
visits may be considered if:
(34)
] there is evidence to support
family participation in the treatment of
the
sex offender. Where
feasible and appropriate, spouses and other family members should be included.
Sexual assault survivors
[
Victims
] or vulnerable children
should be excluded until such time as joint therapy is determined to be appropriate;
(35)
] the registrant should make
every effort to collaborate with the
survivor's
[
victim's
] therapist in making decisions regarding communication, visits and
reunification. Registrants should be
sensitive
[
supportive
] of the
survivor's
[
victim's
] wishes
and
needs
regarding contact with the offender. Contact should be arranged
in a manner that places child/victim safety first. When assessing child safety,
both psychological and physical well-being should be considered. The registrant
shall insure that custodial parents or
legal
guardians of the children
have been consulted prior to authorizing contact and that contact is in accordance
with Court directives; and
(36)
] if reunification is deemed
appropriate, the process should be closely supervised. There must be provisions
for monitoring behavior and reporting rule violations.
A survivor's
[
Victim
] comfort and safety should be assessed on a continuing
basis. The registrant should recognize that supervision during visits with
children is critical for those whose crimes are against children, or who have
demonstrated the potential to abuse children.
The supervisor of the contact
should be knowledgeable concerning sexual offending behaviors.
[
Caution should be taken when selecting and preparing visitation supervisors.
]
Assessment and ]Evaluation Concerns.
1997
]. Evaluations shall precede treatment. In preparing
evaluations of sex offenders, registrants are expected to:
or incapable of giving
] written consent [
for any other reason,
obtain written consent
]
shall be obtained
for
assessment
[
testing, evaluation
] and information exchange from the
appropriate
parent or legal
guardian. Assent from the individual
being evaluated should be obtained whenever possible;
offense statements from sex offender
];
and
victims
]
should not be used for the purpose of gathering information during the sex
offender's evaluation; and
victim
] interview and evaluation processes separate. If that is not
possible, the evaluator must be extremely vigilant to avoid bias.
evaluation
] and treatment has undergone many
changes. Research and clinical reports have begun to demonstrate that a number
of treatment methods may be effective in
modifying
[
reducing
] some forms of sexual deviance.
, without reliance on a special apparatus
].
Arousal control may require periodic "booster" sessions for the remainder
of the client's life. Effective arousal control must also include methods
to control spontaneous deviant fantasies and to minimize contact with stimulating
objects or persons. Arousal control should proceed from the most effective
methods for reducing arousal to less effective methods. To document changes
in arousal control, physiological measurement is essential. Multiple measures
over time are required to determine change reliability.
series
] of
behaviors, emotions, and cognition's that is identifiable and which precede
deviant sexual behavior in a predictable manner. The ability to accurately
identify these maladaptive behaviors is a primary goal for every offender
in treatment. Autobiographies, offense reports, interviews and cognitive-behavioral
chains are used to identify antecedents to offending. The ability to intervene
can be enhanced by training primary partners and other support persons to
recognize maladaptive behaviors and to encourage application of proper coping
behaviors.
In addition, treatment should include a formal multi-level
relapse prevention plan.
victims
] groups
prepare the partner for the issues and methods involved in sex offender treatment.
Marital therapy or couples group therapy focused on sexual offending is essential
in cases where a sex offender is to return home. If an offender is to eventually
[
to
] live in a home where
survivors
[
victims
]
or children reside, a predetermined integration sequence should be followed
which addresses role and boundary issues. This should include close supervision
and a variety of safeguards for the protection of children.
Follow-up
] Treatment.
A therapeutic regime that includes
after-care treatment
[
follow-up
] significantly increases the likelihood that gains made during
treatment will be maintained. In order for new habits and skills to be reinforced
and to monitor compliance with treatment contracts,
after-care
[
follow-up
] treatment should involve periodic "booster" sessions
to reinforce and assess maintenance of positive gains made during treatment.
This can be facilitated by involving the
treatment group, supervision
personnel,
support
system
[
group
],
the use
of polygraphs,
and [
using polygraph and
]
phallometric
[
Phallometric
]
or sexual arousal/preference
assessment.
Information from these sources
[
Input from support group members,
polygraph examinations, and Phallometric assessments
] may serve to deter
future offenses or alert therapists to problems.
Subchapter D. CODE OF PROFESSIONAL ETHICS
above
], information is not communicated to others without the
written consent of the client unless the following circumstances occur.
and immediate
] danger
to the person from the client.
Phallometric
] assessment. Rather, such
data must be properly integrated within a comprehensive assessment, the components
of which are determined by a person who has specific training and expertise
in making such assessments.
Subchapter E. GENERAL PROVISIONS