Part 30.
TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS
Chapter 681.
PROFESSIONAL COUNSELORS
The Texas State Board of Examiners of Professional Counselors (board)
proposes amendments to §§681.2, 681.14, 681.41, 681.42, 681.45,
681.72, 681.83, 681.93, 681.101, 681.121, 681.165, 681.168, and new §681.171,
concerning the licensing and regulation of professional counselors.
Specifically, the amendments cover definitions, additional fees collected,
dual relationships, application requirements, examination time frame, bi-annual
renewals, and emergency suspension. New §681.168 covers the surrendering
of a license. The new §681.171 covers Senate Bill 161, 78th Legislature,
Regular Session, 2003, which amends Occupations Code, Chapter 503, relating
to emergency suspensions and administrative penalties. The licensing fee amendments
are required as a result of revisions to the Health and Safety Code, Chapter
12, §12.0111 and §12.0112, pursuant to House Bill 2292, 78th Legislature,
Regular Session, 2003.
House Bill 2985, 78th Legislature, Regular Session, 2003, which added Occupations
Code, Chapter 101, requires the Texas State Board of Examiners of Professional
Counselors to assess and collect fees to fund the Office of Patient Protection
within the Texas Health Professions Council. Wording is added that authorizes
the board to collect these fees.
Senate Bill 1152, 78th Legislature, Regular Session, 2003, which amends
Government Code, Chapter 2054, directs all department administered licensing
programs to participate in Texas Online, an electronic fee payment system
developed and maintained by the Texas Online Authority. Wording is added that
authorizes the Board to collect subscription and convenience fees, in amounts
to be determined by the Texas Online Authority, to recover costs associated
with application and renewal application processing.
Bobbe Alexander, Executive Director of the board, has determined that for
each year of the first five years the sections will be in effect there will
be fiscal implications for state or local government as a result of enforcing
or administering the sections as proposed. The estimated increase in general
revenue cannot be established because the number of persons required to comply
with the proposed sections cannot be determined. For all applications and
renewal applications; the department is authorized to collect subscription
and convenience fees, in amounts determined by the Texas Online Authority,
to recover costs associated with application and renewal application processing
through Texas Online.
Ms. Alexander has also determined that for each year of the first five
years the proposed sections are in effect, the public benefit anticipated
as a result of enforcing the sections will be to assure that the regulation
of professional counselors continues to identify competent providers, resulting
in the protection and promotion of the public health and welfare. There will
be no effect on micro-businesses and small businesses. The estimated increase
in general revenue cannot be established because the number of persons required
to comply with the late renewal process cannot be determined. There is no
anticipated impact on local employment.
Comments on the proposal may be submitted to Bobbe Alexander, Executive
Director, Texas State Board of Examiners of Professional Counselors, 1100
West 49th Street, Austin, Texas 78756, (512) 834-6658, fax (512) 834-6789.
Comments will be accepted for 30 days following the date of publication of
this proposal in the
Texas Register
.
Subchapter A. THE BOARD
22 TAC §681.2, §681.14
The amendments are proposed under Texas Occupations Code,
Chapter 503, which provides the Texas State Board of Examiners of Professional
Counselors with the authority to adopt rules concerning the licensure of Professional
Counselors.
The amendments affect the Texas Occupations Code, Chapter 503.
§681.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise.
(1)-(7)
(No change.)
(8)
Client--A person who requests and receives counseling services
from a licensee
or who has engaged in a therapeutic relationship with
a licensee
.
(9)
Counseling-related field--A mental health discipline utilizing
human development, psychotherapeutic, and mental health principles including,
but not limited to, psychology, psychiatry, social work, marriage and family
therapy, and guidance and counseling.
Non-counseling related fields include,
but are not limited to, sociology, education, administration, and theology.
(10)-(16)
(No change.)
§681.14.Licensing Fees.
(a)
Licensing fees are as follows:
(1)-(3)
(No change.)
(4)
a license issued for a one
year term--$50;
[
(5)
a license issued for a two
year term--$100;
[
[
[
(6)
late renewal fee on one year
renewal cycle:
(A)
1 to 90 days after expiration--$105; and
(B)
91 to 365 days after expiration--$160.
(7)
late renewal fee on two year
renewal cycle:
(A)
1-90 days after expiration--$155; and
(B)
91-365 days after expiration--$210.
(8)
[
(9)
[
(10)
[
(11)
[
(b)-(d)
(No change.)
(e)
For all applications and renewal
applications, the board is authorized to collect subscription and convenience
fees, in amounts determined by the Texas Online Authority, to recover costs
associated with application and renewal application processing through Texas
Online.
(f)
For all applications and renewal
applications, the board is authorized to collect fees to fund the Office of
Patient Protection, Health Professions Council, as mandated by law.
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 March 8, 2004.
TRD-200401760
Judith D. Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: April 18, 2004
For further information, please call: (512) 458-7236
22 TAC §§681.41, 681.42, 681.45
The amendments are proposed under Texas Occupations Code,
Chapter 503, which provides the Texas State Board of Examiners of Professional
Counselors with the authority to adopt rules concerning the licensure of Professional
Counselors.
The amendments affect the Texas Occupations Code, Chapter 503.
§681.41.General Ethical Requirements.
(a)-(j)
(No change.)
(k)
A licensee shall set and maintain professional boundaries.
Dual relationships with clients are prohibited. A dual relationship is considered
any non-counseling activity initiated by either the licensee or client for
the purpose of establishing a non-therapeutic relationship.
(1)
(No change.)
(2)
The licensee shall not give or accept a gift from a client
or a relative of a client valued at more than fifty dollars, enter into barter
for services, or borrow or lend money or items of value to clients or relatives
of clients
or accept payment in the form of services rendered by a client
.
(3)
The licensee shall not enter into a non-professional relationship
with a client's family member or any person having a personal or professional
relationship with a client
if such a relationship could be detrimental
to the client
.
(l)-(y)
(No change.)
§681.42.Sexual Misconduct.
(a)-(d)
(No change.)
[
(e)
[
(1)
with the consent of the client;
(2)
outside the professional counseling sessions of the client;
or
(3)
off the premises regularly used by the licensee for the
professional counseling sessions of the client.
(f)
[
(1)
sexual harassment, sexual solicitation, physical advances,
or verbal or nonverbal conduct that is sexual in nature, and:
(A)
is offensive or creates a hostile environment, and the
licensee knows or is told this; or
(B)
is sufficiently severe or intense to be abusive to a reasonable
person in the context;
(2)
any behavior, gestures, or expressions which may reasonably
be interpreted as inappropriately seductive or sexual;
(3)
inappropriate sexual comments about or to a person, including
making sexual comments about a person's body;
(4)
making sexually demeaning comments about an individual's
sexual orientation;
(5)
making comments about potential sexual performance except
when the comment is pertinent to the issue of sexual function or dysfunction
in counseling;
(6)
requesting details of sexual history or sexual likes and
dislikes when not necessary for counseling of the individual;
(7)
initiating conversation regarding the sexual problems,
preferences, or fantasies of the licensee;
(8)
kissing or fondling;
(9)
making a request to date;
(10)
any other deliberate or repeated comments, gestures, or
physical acts not constituting sexual intimacies but of a sexual nature;
(11)
any bodily exposure of genitals, anus or breasts;
(12)
encouraging another to masturbate in the presence of the
licensee; or
(13)
masturbation by the licensee when another is present.
(g)
[
(h)
[
(1)
If a licensee has reasonable cause to suspect that a client
has been the victim of sexual exploitation, sexual contact, or therapeutic
deception by another licensee or a mental health services provider, or if
a client alleges sexual exploitation, sexual contact, or therapeutic deception
by another licensee or a mental health services provider, the licensee shall
report the alleged conduct not later than the 30th day after the date the
licensee became aware of the conduct or the allegations to:
(A)
the prosecuting attorney in the county in which the alleged
sexual exploitation, sexual contact or therapeutic deception occurred; and
(B)
the board if the conduct involves a licensee and any other
state licensing agency which licenses the mental health services provider.
(2)
Before making a report under this subsection, the reporter
shall inform the alleged victim of the reporter's duty to report and shall
determine if the alleged victim wants to remain anonymous.
(3)
A report under this subsection need contain only the information
needed to:
(A)
identify the reporter;
(B)
identify the alleged victim, unless the alleged victim
has requested anonymity;
(C)
express suspicion that sexual exploitation, sexual contact,
or therapeutic deception occurred; and
(D)
provide the name of the alleged perpetrator.
§681.45.Confidentiality and Required Reporting.
(a)-(c)
(No change.)
(d)
A licensee shall report information if required by any
of the following statutes:
(1)-(4)
(No change.)
(5)
A licensee shall comply with
Occupations Code, Chapter 109, relating to the release and exchange of information
concerning the treatment of a sex offender.
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 March 8, 2004.
TRD-200401761
Judith D. Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: April 18, 2004
For further information, please call: (512) 458-7236
22 TAC §681.72
The amendment is proposed under Texas Occupations Code, Chapter
503, which provides the Texas State Board of Examiners of Professional Counselors
with the authority to adopt rules concerning the licensure of Professional
Counselors.
The amendment affects the Texas Occupations Code, Chapter 503.
§681.72.Required Application Materials.
(a)-(b)
(No change.)
(c)
The supervised experience documentation form must be completed
by the applicant's supervisor and contain:
(1)-(7)
(No change.)
(8)
the supervisor's evaluation of the applicant's counseling
skills and competence for independent or private practice;
and
[
(9)
[
(d)-(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 March 8, 2004.
TRD-200401762
Judith D. Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: April 18, 2004
For further information, please call: (512) 458-7236
22 TAC §681.83
The amendment is proposed under Texas Occupations Code, Chapter
503, which provides the Texas State Board of Examiners of Professional Counselors
with the authority to adopt rules concerning the licensure of Professional
Counselors.
The amendment affects the Texas Occupations Code, Chapter 503.
§681.83.Academic Course Content.
(a)
An applicant
must obtain
[
(1)-(7)
(No change.)
(8)
social, cultural, and family issues - the studies of change,
ethnic groups, gender studies, family systems, urban and rural societies,
population patterns, cultural patterns, and differing life styles; [
(9)
professional orientation - the objectives of professional
organizations, codes of ethics, legal aspects of practice, standards of preparation,
and the role identity of persons providing direct counseling treatment intervention
; and
(10)
Practicum (Internship) as
referred to in §681.82(c) of this title (relating to Academic Requirements).
(b)
The remaining courses needed to meet the 48 graduate-hour
requirement shall be in areas directly supporting the development of an applicant's
professional counseling skills
and be
[
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 March 8, 2004.
TRD-200401763
Judith D. Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: April 18, 2004
For further information, please call: (512) 458-7236
22 TAC §681.93
The amendment is proposed under Texas Occupations Code, Chapter
503, which provides the Texas State Board of Examiners of Professional Counselors
with the authority to adopt rules concerning the licensure of Professional
Counselors.
The amendment affects the Texas Occupations Code, Chapter 503.
§681.93.Supervisor Requirements.
(a)
All internships physically occurring in the
State
[
(b)
(No change.)
(c)
A supervisor under this section must have met the following
requirements.
(1)
The supervisor shall meet the requirements stated in subsection
(a) of this section, shall submit a supervisor approval application form accompanied
by a $50 supervisor approval processing fee, shall annually submit a renewal
supervisor approval application form accompanied by a $50 supervisor approval
processing fee, and must successfully complete [
[
[
(A)
[
(B)
[
(C)
[
(2)-(3)
(No change.)
(d)-(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 March 8, 2004.
TRD-200401764
Judith D. Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: April 18, 2004
For further information, please call: (512) 458-7236
22 TAC §681.101
The amendment is proposed under Texas Occupations Code, Chapter
503, which provides the Texas State Board of Examiners of Professional Counselors
with the authority to adopt rules concerning the licensure of Professional
Counselors.
The amendment affects the Texas Occupations Code, Chapter 503.
§681.101.Examination.
(a)-(e)
(No change.)
(f)
An applicant who is approved
to sit for the exam but does not hold the temporary license must take and
pass the exam within one year of the approval date. If the exam has not been
passed within one year the applicant must reapply by submitting a new application
and fee in accordance with current board rules.
(g)
[
(h)
[
(i)
[
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 March 8, 2004.
TRD-200401765
Judith D. Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: April 18, 2004
For further information, please call: (512) 458-7236
(4)
annual license renewal fee--$50;]
(5)
late renewal penalty fee:]
(A)
1 to 90 days after expiration--$55; and]
(B)
91 to 365 days after expiration--$110;]
(6)
] annual inactive status fee--$25;
(7)
] license certificate or renewal
card duplication or replacement fee--$10;
(8)
] returned check fee--$25; and
(9)
] art therapy specialty designation
application fee--$30 (in addition to any necessary application fees listed
in paragraphs (1) -
(10)
[
(9)
] of this subsection).
Subchapter C. CODE OF ETHICS
(e)
It is a defense to a disciplinary
action under subsections (b)-(d) of this section if the person was no longer
emotionally dependent on the licensee when the sexual exploitation began,
the sexual contact occurred, or the therapeutic deception occurred, and the
licensee terminated counseling with the person more than two years before
the date the sexual exploitation began, the sexual contact occurred or the
therapeutic deception occurred.]
(f)
] It is not a defense under subsections
(b)-(d) of this section if the sexual contact, sexual exploitation, or therapeutic
deception with the person occurred:
(g)
] The following may constitute
sexual exploitation if done for the purpose of sexual arousal or gratification
or sexual abuse of any person:
(h)
] Examples of sexual contact
are those activities and behaviors described in the Texas Penal Code, §21.01.
(i)
] A licensee shall report sexual
misconduct as follows.
Subchapter D. APPLICATION PROCEDURES
(9)
the supervisor's notarized
signature; and]
(10)
] a statement that the supervised
experience complies with the rules set out in Subchapter F of this chapter
(relating to Experience Requirements for Examination and Licensure) and §681.73
of this title (relating to Application for Art Therapy Specialty Designation).
Subchapter E. ACADEMIC REQUIREMENTS FOR EXAMINATION AND LICENSURE
is responsible
for obtaining
] academic course work
in each of the following areas:
[
and demonstrating competency in the following specific areas
through successful completion of the examination:
]
and
]
such as practicum or
internship credit and other
] courses related primarily to professional
counseling.
Subchapter F. EXPERIENCE REQUIREMENTS FOR EXAMINATION AND LICENSURE
state
] of Texas for which a supervisory agreement is
received
[
executed
] on or after September 1, 2003, must be
completed under a supervisor who holds a regular license issued by the board.
The supervisor must have held the license in good standing for at least 24
months from the date of issuance. Completion of a doctoral degree in counseling
or a counseling-related field at an accredited university may be substituted
for 12 months of the 24 month requirement.
one of the following:
]
(A)
an examination offered for
certification as a counselor supervisor or current certification as a counselor
supervisor by a nationally recognized counseling association acceptable to
the board;]
(B)
]
40 clock-hours of training in the supervision
of professional counseling or mental health services through one or a combination
of the following:
(i)
] a graduate course in counselor
supervision taken for credit at an accredited college or university;
(ii)
] continuing education programs
meeting the requirements of §681.142 of this title (relating to Types
of Acceptable Continuing Education); or
(iii)
] clinical supervision of the
supervisor applicant by a person who has already met the requirements of this
subsection or if from another state who would be acceptable under subsections
(a) or (b) of this section;
Subchapter G. LICENSURE EXAMINATIONS
(f)
] A regular license will be issued
to an applicant only after completion of required supervised experience and
successful completion of the licensed professional counselor examination.
(g)
] Applicants seeking accommodations
for the licensure examination under the Americans with Disabilities Act shall
inform the board of any special accommodations needed in advance and in writing.
Disability accommodation requests must be accompanied by verification of the
disability from a professional who has diagnosed or can attest to the disability
and who recommends accommodation.
(h)
] The board shall provide written
notification to persons who meet all requirements for examination.
Subchapter I. REGULAR LICENSE RENEWAL; INACTIVE AND RETIREMENT STATUS