Part 10.
TEXAS FUNERAL SERVICE COMMISSION
Chapter 201.
LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE
22 TAC §201.9
The Texas Funeral Service Commission proposes an amendment
to Title 22, Texas Administrative Code, Chapter 201, §201.9, relating
to Preparation and Dissemination of Consumer Information.
The amendment is proposed because existing §201.9(c) refers to the
display of "copies" of Commission brochures. The new language clarifies that
the funeral director in charge shall display commission consumer "brochures"
at all times in a prominent place within the funeral establishment.
O.C. "Chet" Robbins, Executive Director, has determined that for the first
five-year period the amendment is in effect, there will be no fiscal implication
for the state or local governments as a result of enforcing or administering
the proposed amendment.
Mr. Robbins further has determined that for each year of the first five-year
period the amendment is in effect, the public benefits anticipated as a result
of enforcing the amendment will be a better understanding of the responsibilities
of the funeral director in regard to the display of commission consumer brochures.
There will be no effect on large, small or micro-businesses. The anticipated
economic costs to persons who are required to comply with this amendment will
be no more nor less than the costs to the individuals under §201.9 before
this amendment and there is no impact on local employment.
Comments on the proposal may be submitted to Mr. Robbins at P.O. Box 12217
Capital Station, Austin, Texas 78711-1440, (512) 479-5064 (fax), or electronically
to chet.robbins@tfsc.state.tx.us.
The amendment to §201.9 is proposed under Texas Occupations
Code, §651.152. The commission interprets §651.152 as authorizing
it to adopt rules as necessary to administer Chapter 651.
No other statutes, articles, or codes are affected by the proposal.
§201.9.Preparation and Dissemination of Consumer Information.
(a) - (b)
(No change.)
(c)
Information of consumer interest prepared and disseminated
by the commission shall be available to the general public through funeral
establishments.
The funeral director in charge shall prominently display
commission consumer brochures in the public view within the funeral establishment.
[
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 May 23, 2003.
TRD-200303229
Cue D. Boykin
Assistant Attorney General
Texas Funeral Service Commission
Earliest possible date of adoption: July 13, 2003
For further information, please call: (512) 475-4219
22 TAC §203.22, §203.30
The Texas Funeral Service Commission proposes amendments
to Title 22, Texas Administrative Code, Chapter 203, §203.22, relating
to Required Documentation for Embalming and §203.30, relating to Continuing
Education.
The amendment to §203.22 is proposed to clarify that the licensed
embalmer performing the embalming procedure must complete and sign the embalming
case report.
The amendment to §203.30(f) is proposed to change the requisite number
of continuing education hours from 20 hours to 16 hours every two years for
those licensed funeral directors and embalmers who actively participate in
the state.
The amendment to §203.30(g)(8) is proposed to eliminate the requirement
that licensees must request and obtain permission from the commission when
excessive continuing education hours are to be carried over to the next licensing
period.
The amendment to §203.30(h)(2) is proposed require individuals licensed
in Texas, but not practicing in the state to obtain 6 mandatory hours of continuing
education. Additionally, the amendment adds language clarifying that any individual
returning to practice in this state shall meet all continuing education requirements
before resuming any funeral directing and/or embalming activities.
O.C. "Chet" Robbins, Executive Director, has determined that for the first
five-year period the amendments are in effect, there will be no fiscal implication
for the state or local governments as a result of enforcing or administering
the proposed amendments.
Mr. Robbins further has determined that for each year of the first five-year
period the amendments are in effect, the public benefit anticipated as a result
of enforcing §203.22 will be the clarification of the responsibility
of the licensed embalmer in regard to completing and signing the embalming
case report. The public benefit anticipated as a result of enforcing the amendments
of §203.30 will be to clarify continuing education requirements for licensed
funeral directors. There will be no effect on large, small or micro-businesses.
The anticipated economic costs to persons who are required to comply with
these sections will be no more nor less than the costs to the individuals
under §203.22 and §203.30 before these amendments and there is no
impact on local employment.
Comments on the proposal may be submitted to Mr. Robbins at P.O. Box 12217
Capital Station, Austin, Texas 78711-1440, (512) 479-5064 (fax), or electronically
to chet.robbins@tfsc.state.tx.us.
The amendments to §203.22 and §203.30 are proposed
under Texas Occupations Code, §651.152. The commission interprets §651.152
as authorizing it to adopt rules as necessary to administer Chapter 651.
No other statutes, articles, or codes are affected by the proposal.
§203.22.Required Documentation for Embalming.
(a) - (i)
(No change.)
(j)
The embalming case report shall be completed
and signed by the licensed embalmer performing the embalming procedure.
§203.30.Continuing Education.
(a) - (e)
(No change.)
(f)
Credit Hours Required
(1)
Licensed funeral directors and embalmers who actively practice
in this state are required to obtain
16
[
(2)
(No change.)
(g)
Credit Hour Eligibility. The commission will grant the
following credit hours toward the continuing education requirements for license
renewal.
(1) - (7)
(No change.)
[(8)
When excessive hours are to be carried
over to the next licensing period, the licensee must request and obtain permission
in writing to carry over continuing education hours. This request will be
kept in the permanent licensing file of the individual.]
(h)
Exemptions, waivers, reactivation, and conversion
(1)
(No change.)
(2)
Individuals licensed in Texas, but not practicing in the
state,
are required to obtain the 6 mandatory hours of continuing education
set forth in this section
[
(3) - (7)
(No change.)
(i)
(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 May 23, 2003.
TRD-200303228
Cue D. Boykin
Assistant Attorney General
Texas Funeral Service Commission
Earliest possible date of adoption: July 13, 2003
For further information, please call: (512) 475-4219
22 TAC §203.33
The Texas Funeral Service Commission proposes a new rule
at Title 22, Texas Administrative Code, Chapter 203, §203.33, relating
to Consequences of Criminal Conviction.
The new rule is proposed in order to comply with Texas Government Code, §53.025
which requires state agencies to adopt guidelines (rules) stating why particular
crimes relate to a particular profession.
O.C. "Chet" Robbins, Executive Director, has determined that for the first
five-year period the new rule is in effect, there will be no fiscal implication
for the state or local governments as a result of enforcing or administering
the proposed rule.
Mr. Robbins further has determined that for each year of the first five-year
period the new rule is in effect, the public benefits anticipated as a result
of enforcing the rule will be a reduction of the likelihood that a person
who exhibits a lack of respect for human life and dignity or a lack of fitness
will be licensed as a funeral director or embalmer. There will be no effect
on large, small or micro-businesses. The anticipated economic costs to persons
who are required to comply with this section will be no more nor less than
the costs to the individuals before this new rule and there is no impact on
local employment.
Comments on the proposal may be submitted to Mr. Robbins at P.O. Box 12217
Capital Station, Austin, Texas 78711-1440, (512) 479-5064 (fax), or electronically
to chet.robbins@tfsc.state.tx.us.
The new §203.33 is proposed under Texas Occupations Code, §651.152.
The commission interprets §651.152 as authorizing it to adopt rules as
necessary to administer Chapter 651.
No other statutes, articles, or codes are affected by the proposal.
§203.33.Consequences of Criminal Conviction.
(a)
The commission may suspend or revoke a license, disqualify
a person from receiving a license, or deny to a person the opportunity to
take a licensing examination on the grounds that the person has been convicted
of a felony or misdemeanor that directly relates to the duties and responsibilities
of an occupation required to be licensed by Texas Occupations Code, chapter
651 (chapter 651).
(b)
The commission shall revoke the license of a person who
is imprisoned following a felony conviction, felony community supervision
revocation, revocation of parole, or revocation of mandatory supervision.
(c)
A person in prison is ineligible for licensure.
(d)
The commission shall consider the following factors in
determining whether a criminal conviction directly relates to an occupation
required to be licensed by chapter 651:
(1)
the nature and seriousness of the crime;
(2)
the relationship of the crime to the purposes for requiring
a license to engage in the occupation;
(3)
the extent to which a license might offer an opportunity
to engage in further criminal activity of the same type as that in which the
person previously had been involved; and
(4)
the relationship of the crime to the ability, capacity,
or fitness required to perform the duties and discharge the responsibilities
of the licensed occupation.
(e)
If a person has been convicted of a crime, the commission
shall consider the following in determining a person's fitness to perform
the duties and discharge the responsibilities of a chapter 651 occupation:
(1)
the extent and nature of the person's past criminal activity;
(2)
the age of the person when the crime was committed;
(3)
the amount of time that has elapsed since the person's
last criminal activity;
(4)
the conduct and work activity of the person before and
after the criminal activity;
(5)
evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or after release;
(6)
letters of recommendation from:
(A)
prosecutors and law enforcement and correctional officers
who prosecuted, arrested, or had custodial responsibility for the person;
(B)
the sheriff or chief of police in the community where the
person resides; and
(C)
any other person in contact with the convicted person;
and
(7)
evidence that the applicant has:
(A)
maintained a record of steady employment;
(B)
supported the applicant's dependents;
(C)
maintained a record of good conduct; and
(D)
paid all outstanding court costs, supervision fees, fines,
and restitution ordered in any criminal case in which the applicant has been
convicted.
(f)
The following are related to the occupations of funeral
directing or embalming because they are classified as Class B misdemeanors
by Occupations Code, §651.602:
(1)
acting or holding oneself out as a funeral director, embalmer,
or provisional license holder without being licensed under this chapter;
(2)
making a first call in a manner that violates §651.401;
(3)
engaging in a funeral practice that violates chapter 651
or a rule adopted under chapter 651; or
(4)
violating Chapter 154, Finance Code, or a rule adopted
under that chapter, regardless of whether the Texas Department of Banking
or another governmental agency takes action relating to the violation.
(g)
The commission of acts within the definition of Abuse of
Corpse, Penal Code, §42.08, is related to the chapter 651 occupations
because those acts indicate a lack of respect for the dead.
(h)
The crimes listed in paragraphs (1) - (3) of this subsection
relate to the chapter 651 occupations because the commission of each reflects
a lack of respect for human life and dignity or a lack of fitness to practice
the occupations.
(1)
a misdemeanor or felony offense involving:
(A)
murder;
(B)
assault;
(C)
burglary;
(D)
robbery;
(E)
theft;
(F)
sexual assault;
(G)
injury to a child;
(H)
injury to an elderly person;
(I)
child abuse or neglect;
(J)
tampering with a governmental record;
(K)
forgery;
(L)
perjury;
(M)
failure to report abuse;
(N)
bribery;
(O)
harassment;
(P)
insurance claim fraud;
(Q)
solicitation under the Penal Code §38.12(d); or
(R)
mail fraud;
(2)
delivery, possession, manufacture, or use of or the dispensing
or prescribing a controlled substance, dangerous drug, or narcotic; or
(3)
violations of the Penal Code, Titles 4, 5, 7, 9, and 10,
which indicate an inability or tendency for the person to be unable to perform
as a licensee or to be unfit for licensure or registration if action or inaction
by the commission will protect the public health, safety, and welfare.
(i)
An applicant for licensure shall disclose in writing to
the commission any conviction against him or her at the time of application.
A current licensee shall disclose in writing to the commission any conviction
at the time of renewal or no later than 30 days after judgment in the trial
court, whichever date is earlier.
(j)
Upon notification of a conviction, the commission shall
provide a copy of this section to the person and request that the person respond
by filing information demonstrating why the commission should not deny the
application or take disciplinary action against the person, if already licensed
or registered. The response must be filed with the commission within 21 days
of the date of receipt of notice from the commission. An applicant for licensure
is responsible for filing documentation that will allow the commission to
conduct an analysis under subsection (e) of this section.
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 May 23, 2003.
TRD-200303227
Cue D. Boykin
Assistant Attorney General
Texas Funeral Service Commission
Earliest possible date of adoption: July 13, 2003
For further information, please call: (512) 475-4219
Chapter 463.
APPLICATIONS AND EXAMINATIONS
22 TAC §463.11
The Texas State Board of Examiners of Psychologists proposes
amendments to §463.11, concerning Licensed Psychologists. These amendments
are being proposed to 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.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rules easier for the licensees and public to
follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed amendment does not affect other statues, articles, or codes.
§463.11.Licensed Psychologist.
(a)-(c)
(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 May 23, 2003.
TRD-200303204
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: July 13, 2003
For further information, please call: (512) 305-7700
22 TAC §463.20
The Texas State Board of Examiners of Psychologists proposes
new §463.20, concerning Refunds of Application and Examination Fees.
This new rule is being proposed in order to clarify the situations under which
examination and application fees are either refundable or transferable.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rules easier for the licensees and public to
follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The new rule is proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed new rule does not affect other statues, articles, or codes.
§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 for 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 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 May 23, 2003.
TRD-200303205
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: July 13, 2003
For further information, please call: (512) 305-7700
22 TAC §469.1
The Texas State Board of Examiners of Psychologists proposes
amendments to §469.1, concerning Timeliness of Complaints. This amendment
is being proposed in order to clarify the situations under which the 10 year
statute of limitations for the filing of a complaint applies.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rules easier for the licensees and public to
follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed amendment does not affect other statues, articles, or codes.
§469.1.Timeliness of Complaints.
A complaint is timely filed if it is received by the Board, in proper
form, within five years of the date of the termination of professional services.
A complaint alleging sexual misconduct, [
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 May 23, 2003.
TRD-200303206
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: July 13, 2003
For further information, please call: (512) 305-7700
22 TAC §469.3
The Texas State Board of Examiners of Psychologists proposes
amendments to §469.3, concerning Standardized Complaint Form. This amendment
is being proposed 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.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rules easier for the licensees and public to
follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed amendment does not affect other statues, articles, or codes.
§469.3.Standardized Complaint Form.
(a)-(b)
(No change.)
(c)
The complaint form must be physically delivered to the
Board office,
mailed to the Board's offices, or faxed to the Board.
[
[
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 May 23, 2003.
TRD-200303207
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: July 13, 2003
For further information, please call: (512) 305-7700
22 TAC §469.4
The Texas State Board of Examiners of Psychologists proposes
amendments to §469.4, concerning Complaint Investigation. This amendment
is being proposed 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.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rules easier for the licensees and public to
follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed amendment does not affect other statues, articles, or codes.
§469.4.Complaint Investigation.
(a)
(No change.)
(b)
The
Enforcement
[
(c)
The Board will dismiss complaints at a regularly scheduled
Board Meeting. Any person who files a complaint will be notified by letter
of Board action to dismiss the complaint
and the legal basis and/or reason
for the dismissal
.
(d)
The services of a private investigator shall be retained
only in the event that staff investigator positions are vacant or inadequate
to provide essential investigative services. The services of a private investigative
agency shall be obtained in accordance with the
state's
procurement
procedures [
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 May 23, 2003.
TRD-200303208
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: July 13, 2003
For further information, please call: (512) 305-7700
22 TAC §469.5
The Texas State Board of Examiners of Psychologists proposes
amendments to §469.5, concerning Complaint Disposition. This amendment
is being proposed 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.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rules easier for the licensees and public to
follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed amendment does not affect other statues, articles, or codes.
§469.5.Complaint Disposition.
(a)-(b)
(No change.)
(c)
Complaints that do not state a violation of the Board's
Act or rules shall be
dismissed
[
(d)
Complaints that state a violation of the Board's Act and
rules shall be investigated by an investigator assigned by the Manager of
the
Enforcement
[
(e)
(No change.)
(f)
The
Enforcement
[
(g)
A complaint for which the staff determines probable cause
shall be referred to a Disciplinary Review Panel of the Board for an informal
conference. [
(h)
(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 May 23, 2003.
TRD-200303209
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: July 13, 2003
For further information, please call: (512) 305-7700
22 TAC §469.6
The Texas State Board of Examiners of Psychologists proposes
amendments to §469.6, concerning Temporary Suspension of a License. This
amendment is being proposed in order to clarify the statutory requirements
for the composition of a temporary suspension committee.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rules easier for the licensees and public to
follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed amendment does not affect other statues, articles, or codes.
§469.6.Temporary Suspension of a License.
(a)
An executive committee of the Board, consisting of the
Board Chair,
and two other Board members
[
(b)-(e)
(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 May 23, 2003.
TRD-200303210
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: July 13, 2003
For further information, please call: (512) 305-7700
22 TAC §469.7
The Texas State Board of Examiners of Psychologists proposes
amendments to §469.7, concerning Persons with Criminal Backgrounds. This
amendment is being proposed 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.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rules easier for the licensees and public to
follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed amendment does not affect other statues, articles, or codes.
§469.7.Persons with Criminal Backgrounds.
(a)-(b)
(No change.)
(c)
In determining whether a criminal conviction directly relates
to the performance of a licensee, the Board shall consider the factors listed
in the Texas
Occupations Code, Chapter 53
[
(d)
Those crimes which the Board considers as directly related
to the performance of a licensee include but are not limited to:
(1)
a misdemeanor and/or felony offense under the following
titles of the Texas Penal Code:
[
(A)
Title 5, pertaining to offenses
against the person (for example, homicide, kidnapping, sexual offenses, and
assaultive offenses);
(B)
Title 7, pertaining to offenses
against property (for example, arson, robbery, burglary, theft, fraud, money
laundering, and insurance fraud);
(C)
Title 8, pertaining to offenses
against public administration (for example, bribery, perjury, and obstruction
of justice);
(D)
Title 9, pertaining to offenses
against public order and decency (for example, disorderly conduct and public
indecency);
(E)
Title 10, pertaining to offenses
against public health and safety (for example, weapons offenses, gambling,
and intoxication offenses); and
(F)
Title 4, pertaining to the
offenses of attempting or conspiring to commit the offenses listed in subsections
(a) - (e) of this section.
(2)-(4)
(No change.)
(5)
any offense involving the failure to report abuse;
[
(6)
any state or federal drug offense, including violations
of the Controlled Substances and Dangerous Drugs Act; and
[
(7)
any other misdemeanor or felony that the Board may
consider in order to promote the public safety and welfare, as well as the
intent of the Act and these rules.
[
[
[
[
[
(e)
In determining whether a criminal conviction directly affects
a person's present
fitness
[
(f)-(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 May 23, 2003.
TRD-200303211
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: July 13, 2003
For further information, please call: (512) 305-7700
22 TAC §469.8
The Texas State Board of Examiners of Psychologists proposes
amendments to §469.8, concerning Rehabilitation Guidelines. This amendment
is being proposed in order to clarify that a licensee who has been revoked
or suspended must address all outstanding complaints before the rehabilitation
program can begin.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rules easier for the licensees and public to
follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed amendment does not affect other statues, articles, or codes.
§469.8.Rehabilitation Guidelines.
(a)
In the event of revocation or suspension of a license due
to non-compliance with the rules of the Board and/or its ethical principles,
the Board, in its discretion, may implement a plan of rehabilitation. The
plan shall outline the steps the person must follow in order to be considered
for relicensure or removal of suspension. Completion of the plan may lead
to consideration of submission of an application for relicensure; removal
of suspension; removal of supervision requirements. In the event the licensee
has not met the Board's criteria for rehabilitation, the plan may be revised,
expanded, and/or continued depending upon the progress of the rehabilitation
program.
The licensee, before beginning the options outlined in subsection
(b) of this section, must address any outstanding or after-acquired complaints.
(b)
The Board may follow one or more options in devising a
rehabilitation program:
(1)
The individual may be supervised in all or selected areas
of activities related to his/her practice as a licensee by a licensed psychologist
approved by the Board for a specified length of time.
(A)
The Board will specify the focus of the supervision.
(B)
The Board will specify the number of hours per week required
in a face-to-face supervisory contract.
(C)
The supervisor will provide periodic and timely reports
to the Board concerning the progress of the supervisee.
(D)
Any fees for supervision time will be the responsibility
of the supervisee.
[
(2)-(4)
(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 May 23, 2003.
TRD-200303212
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: July 13, 2003
For further information, please call: (512) 305-7700
22 TAC §469.13
The Texas State Board of Examiners of Psychologists proposes
amendments to §469.13, concerning Non-compliance with Continuing Education
Requirements. This amendment is being proposed in order to properly identify
the name of the division that investigates complaints.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rules easier for the licensees and public to
follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed amendment does not affect other statues, articles, or codes.
§469.13.Non-compliance with Continuing Education Requirements.
(a)
(No change.)
(b)
Any licensee who has failed to submit proof of full compliance
with §461.11 of this title (relating to Continuing Education) shall be
referred to the
Enforcement
[
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 May 23, 2003.
TRD-200303213
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: July 13, 2003
For further information, please call: (512) 305-7700
It shall be the responsibility of the funeral director in charge
to have prominently displayed within the funeral establishment multiple copies
of the commission's consumer brochure.
] Information of consumer interest
prepared and disseminated by the commission shall also be available, upon
request, to individuals, and to the following types of groups, organizations,
and institutions, i.e., better business bureaus, hospice groups, consumer
groups, libraries, and legislators.
Chapter 203.
LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES
20
] hours of
continuing education every two year renewal period. A licensee may receive
credit for a course only once during a renewal period.
are exempt from the continuing education
requirements set forth in this section.
]. Any individual who returns
to practice in this state shall, before the next license renewal period, meet
the continuing education requirements
before resuming any funeral directing
and/or embalming activities in the state.
Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
(d)
Exceptions for Experience.
For purposes of licensure as a psychologist, if an applicant has been licensed
for 15 years or more in another jurisdiction as a psychologist and provides
written verification of no disciplinary actions by the licensing entity of
that jurisdiction or by any other licensing entity of a jurisdiction in which
the applicant has held licensure as a psychologist, the following requirements
for licensure may be applied:]
(1)
Subsection (c)(2)(B)(iii) of this section may
be satisfied by having one full-time equivalent licensed psychologist as a
primary supervisor;]
(2)
Subsection (c)(2)(B)(ix) of this section may
be waived;]
(3)
Subsection (c)(2)(B)(xi) of this section may
be waived;]
(4)
Subsection (c)(2)(C)(ix) of this section may
be waived;]
(5)
Subsection (c)(2)(C)(xii) of this section may
be waived; and]
(6)
Subsection (c)(2)(C)(xiii) of this section
may be filled by having one full-time licensed psychologist as a primary supervisor
who is employed full time at the agency and who is a school psychologist.]
Chapter 469.
COMPLAINTS AND ENFORCEMENT
as defined by the Board rules,
] by a licensee [
or alleging the infliction of physical harm upon
a client or patient by a licensee
] is timely filed if received within
ten years of the
termination of services or the patient's reaching the
age of majority
[
occurrence of the allegations
].
in person or by mail service to be considered filed. Fax transmittal and or
E-mail do not constitute physical delivery.
]
(d)
All required release forms
must be signed, witnessed and returned to the Board, along with the complaint
form, before a complaint can be processed. ]
Investigation
] Division
shall
investigate
[
dispose of
] all complaints in a timely
manner. A schedule shall be established for conducting each phase of a complaint
that is under the control of the Board not later than the 30th day after the
date the complaint is received by the Board. The schedule shall be kept in
the information file of the complaint, and all parties shall be notified of
the projected time requirements for pursuing the complaint. A change in the
schedule must be noted in the complaint information file, and all parties
to the complaint must be notified in writing not later than the seventh day
after the date the change is made.
of the General Services Commission
].
returned to the complainant
]. If the complaint alleges a violation of another agency's Act or rules,
the complaint shall be referred to the appropriate agency.
Investigation
] Division.
Investigation
] Division
Manager and the counsel for the Board shall review the investigation report,
evidence and the case file of the complaint to determine if there is sufficient
evidence to demonstrate a violation of the Board's Act, rules, or order to
recommend probable cause to the Board.
Counsel for the
]
The
Board shall serve
the Respondent with a Notice of
Violation
[
Violations
]
and Informal Settlement Conference.
Complaints Committee
Chair, and a public member,
] shall temporarily suspend the license of
a licensee under the Act if the executive committee determines, based on evidence
or information presented to the committee, that the continued practice by
the licensee constitutes a continuing or imminent threat to the public welfare.
Civil Statutes,
Article 6252.13c(4)(b)
].
any felony or misdemeanor of which
fraud, dishonesty, or deceit is an essential element;
]
murder
;]
burglary
;]
robbery
;]
(8)
rape;]
(9)
theft; ]
(10)
child molesting;]
(11)
substance abuse.]
activity
], the Board shall
consider the factors listed in Texas
Occupations Code, Section 53.023
[
Civil Statutes, Article 6252-13c(4)(c)(1)-(6)
].
(E)
The supervisor is acting as
a 'friend' of the Board. Judgements of the supervisor are to be made independently
and without reference to Board opinions.]
investigation
] division
pursuant to a complaint for non- compliance with §461.15 of this title
(relating to Compliance with Act, Rules, Board Directives and Orders) on the
forty-fifth day after the original renewal date for the license. The filing
of a complaint under this provision shall be in addition to any penalties
or requirements assessed by the licensing division for renewal.