TITLE 22.EXAMINING BOARDS

Part 21. TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS

Chapter 463. APPLICATIONS AND EXAMINATIONS

22 TAC §463.11

The Texas State Board of Examiners of Psychologists adopts amendments to §463.11, concerning Licensed Psychologists, without changes to the proposed text as published in the June 13, 2003 issue of the Texas Register (28 TexReg 4514).

The amendments are being adopted in order eliminate the exceptions for persons licensed for more than 15 years in another state, in that other rules have been passed to expedite the licensure of out-of-state licensees.

The adopted amendments will make the rule 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 August 12, 2003.

TRD-200305059

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: September 1, 2003

Proposal publication date: June 13, 2003

For further information, please call: (512) 305-7700


22 TAC §463.20

The Texas State Board of Examiners of Psychologists adopts new §463.20, concerning Refunds of Application and Examination Fees, with changes to the proposed text as published in the June 13, 2003, issue of the Texas Register (28 TexReg 4515).

The new rule is being adopted in order clarify the situations under which examination and application fees are either refundable or transferable.

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 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.

§463.20.Refunds of Application and Examination Fees.

(a) Application fees are non-refundable and non-transferable.

(b) The national psychology examination fee is partially refundable if an applicant is scheduled for a computerized exam but fails to take the scheduled examination. A portion of the original examination fee to the Professional Examination Service (PES) for the exam is retained by PES; the remainder of the fee is refunded by PES to the applicant. The portion of the fee that is paid to the Board, which is referred to as the professional fee, is non-refundable. An exception is if the Board approves on a one time basis the transfer of the professional fee to another scheduled examination upon review of documentation from the applicant of extreme extenuating circumstances.

(c) The Jurisprudence examination fee is non-transferable and non-refundable. An exception is that if the applicant fails to return the exam by the postmark deadline date due to a mail delivery problem that the applicant can prove, the Board may approve the transfer of the fee to another take of the exam or refund the fee if a subsequent fee has been paid upon review of the applicant's explanation.

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 August 12, 2003.

TRD-200305060

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: September 1, 2003

Proposal publication date: June 13, 2003

For further information, please call: (512) 305-7700


Chapter 469. COMPLAINTS AND ENFORCEMENT

22 TAC §469.1

The Texas State Board of Examiners of Psychologists adopts amendments to §469.1, concerning Timeliness of Complaints without changes to the proposed text as published in the June 13, 2003, issue of the Texas Register (28 TexReg 4515).

The amendments are being adopted in order to clarify the situations under which the 10 year statute of limitations for the filing of a complaint applies.

The adopted amendments will make the rule 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 August 12, 2003.

TRD-200305061

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: September 1, 2003

Proposal publication date: June 13, 2003

For further information, please call: (512) 305-7700


22 TAC §469.3

The Texas State Board of Examiners of Psychologists adopts amendments to §469.3, concerning Standardized Complaint Form, without changes to the proposed text as published in the June 13, 2003, issue of the Texas Register (28 TexReg 4516).

The amendments are being adopted in order to clarify the ways in which a complaint may be submitted to the Board. In addition, subsection (d) is being deleted because the signing of a release is not essential to the investigation of all complaints.

The adopted amendments will make the rule 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 August 12, 2003.

TRD-200305062

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: September 1, 2003

Proposal publication date: June 13, 2003

For further information, please call: (512) 305-7700


22 TAC §469.4

The Texas State Board of Examiners of Psychologists adopts amendments to §469.4, concerning Complaint Investigation without changes to the proposed text as published in the June 13, 2003, issue of the Texas Register (28 TexReg 4516).

The amendments are being adopted in order to (1) properly identify the name of the division that investigates complaints, (2) comply with the statutory requirement that the basis for a dismissal be provided to the complainant, and (3) accurately reflect the current procurement requirements.

The adopted amendments will make the rule 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 August 12, 2003.

TRD-200305063

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: September 1, 2003

Proposal publication date: June 13, 2003

For further information, please call: (512) 305-7700


22 TAC §469.5

The Texas State Board of Examiners of Psychologists adopts amendments to §469.5, concerning Complaint Disposition without changes to the proposed text as published in the June 13, 2003, issue of the Texas Register (28 TexReg 4517).

The amendments are being adopted in order to (1) properly identify the name of the division that investigates complaints, (2) to clarify how complaints that do not state a violation are resolved.

The adopted amendments will make the rule 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 August 12, 2003.

TRD-200305064

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: September 1, 2003

Proposal publication date: June 13, 2003

For further information, please call: (512) 305-7700


22 TAC §469.6

The Texas State Board of Examiners of Psychologists adopts amendments to §469.6, concerning Temporary Suspension of a License, without changes to the proposed text as published in the June 13, 2003, issue of the Texas Register (28 TexReg 4517).

The amendment is being adopted in order to clarify the statutory requirements for the composition of a temporary suspension committee.

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 August 12, 2003.

TRD-200305065

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: September 1, 2003

Proposal publication date: June 13, 2003

For further information, please call: (512) 305-7700


22 TAC §469.7

The Texas State Board of Examiners of Psychologists adopts amendments to §469.7, concerning Persons with Criminal Backgrounds, without changes to the proposed text as published in the June 13, 2003, issue of the Texas Register (28 TexReg 4518).

The amendment is being adopted in order to (1) provide the appropriate statutory references for persons with criminal backgrounds and (2) clarify those crimes about which the Board may take notice in deciding what sanctions, if any, should be imposed on the licensee or applicant.

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 August 12, 2003.

TRD-200305066

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: September 1, 2003

Proposal publication date: June 13, 2003

For further information, please call: (512) 305-7700


22 TAC §469.8

The Texas State Board of Examiners of Psychologists adopts amendments to §469.8, concerning Rehabilitation Guidelines, without changes to the proposed text as published in the June 13, 2003, issue of the Texas Register (28 TexReg 4519).

The amendment is being adopted in order to clarify that a licensee who has been revoked or suspended must address all outstanding complaints before the rehabilitation program can begin.

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 August 12, 2003.

TRD-200305067

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: September 1, 2003

Proposal publication date: June 13, 2003

For further information, please call: (512) 305-7700


22 TAC §469.13

The Texas State Board of Examiners of Psychologists adopts amendments to §469.13, concerning Non-Compliance with Continuing Education Requirements, without changes to the proposed text as published in the June 13, 2003, issue of the Texas Register (28 TexReg 4519).

The amendment is being adopted in order to clearly identify the name of the division that investigates complaints.

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 August 12, 2003.

TRD-200305068

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: September 1, 2003

Proposal publication date: June 13, 2003

For further information, please call: (512) 305-7700


22 TAC §469.14

The Texas State Board of Examiners of Psychologists adopts amendments to §469.14, concerning Monitoring of Licensees, without changes to the proposed text as published in the June 13, 2003, issue of the Texas Register (28 TexReg 4520).

The amendment is being adopted in order to properly identify the Board Committee that performs compliance monitoring.

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 August 12, 2003.

TRD-200305069

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: September 1, 2003

Proposal publication date: June 13, 2003

For further information, please call: (512) 305-7700


22 TAC §469.15

The Texas State Board of Examiners of Psychologists adopts new §469.15, concerning Disciplinary Action for Persons with Dual Licensure, without changes to the proposed text as published in the June 13, 2003, issue of the Texas Register (28 TexReg 4520).

The new rule is being adopted in order to clarify that disciplinary action against a licensee is considered disciplinary action against all licenses the licensee holds with the agency.

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 August 12, 2003.

TRD-200305070

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: September 1, 2003

Proposal publication date: June 13, 2003

For further information, please call: (512) 305-7700