Part 9.
TEXAS MEDICAL BOARD
Chapter 175.
FEES, PENALTIES AND FORMS
22 TAC §175.2
The Texas Medical Board adopts an amendment to §175.2,
concerning Registration and Renewal Fees, without changes to the proposed
text as published in the February 24, 2006, issue of the
Texas Register
(31 TexReg 1161) and will not be republished.
The amendment to §175.2 increases PA Registration Fees.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the authority of the Texas Occupations
Code Annotated, §204.103, which provides the Texas Medical Board to adopt
rules and bylaws as necessary to: govern its own proceedings; perform its
duties; regulate the practice of medicine in this state; enforce this subtitle;
and establish rules related to licensure.
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 April 11, 2006.
TRD-200602095
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Effective date: May 1, 2006
Proposal publication date: February 24, 2006
For further information, please call: (512) 305-7016
22 TAC §§183.1 - 183.4, 183.6, 183.12, 183.14, 183.16, 183.23
The Texas State Board of Acupuncture Examiners (Acupuncture
board), with the approval of the Texas Medical Board, adopts amendments to §§183.1
- 183.4, 183.6, 183.12, 183.14 and 183.16 and new §183.23, concerning
Acupuncture, without changes to the proposed text as published in the February
24, 2006, issue of the
Texas Register
(31
TexReg 1162) and will not be republished.
The amendment to §183.1 adds a more extensive list of functions of
the Acupuncture board. The amendment to §183.2 updates the citation to
the board rule regarding licensure; deletes references to provision of §183.4(g)
that is being deleted; updates names of agencies; and provides the requirement
to take the Biomedicine Module of the NCCAM, in accordance with statutory
changes. The amendment to §183.3 revises functions of the licensure committee
in accordance with statutory changes authorizing the acupuncture board to
issue licenses. The amendment to §183.4 provides requirements for applicants
to pass jurisprudence examination, in accordance with statutory changes; and
revises the time period for expiration of an application from two years to
one year. The amendment to §183.6 provides that Chapter 187 and Chapter
190 apply to acupuncturists; and adds "criminal convictions" to list of subjects
relating to Chapter 190. Section 183.12 is amended to provide for adoption
of rules by the acupuncture board with approval of the medical board. The
amendment to §183.14 provides for advice by the acupuncture board to
the medical board for Acudetox Specialist training programs. The amendment
to §183.16 updates the name of the Texas Medical Board. New §183.23
is adopted in order to reference Chapter 196, regarding voluntary surrender
of a license, to Acupuncturists.
No comments were received regarding adoption of the rules.
The amendments and new section are adopted under the authority
of the Texas Occupations Code Annotated, §205.101 which provides the
Texas State Board of Acupuncture Examiners, with the approval of the Texas
Medical Board, to adopt rules and bylaws as necessary to administer and enforce
Chapter 205, Texas Occupations Code.
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 April 11, 2006.
TRD-200602096
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Effective date: May 1, 2006
Proposal publication date: February 24, 2006
For further information, please call: (512) 305-7016
Chapter 367.
ENFORCEMENT
22 TAC §367.14
The Texas State Board of Plumbing Examiners adopts amendments
to §367.14, without changes to the proposed text as published in the
February 3, 2006, issue of the
Texas Register
(31
TexReg 634).
Contested cases referred to hearings before the State Office of Administrative
Hearings (SOAH) must follow the requirements of SOAH Rules, the Administrative
Procedure Act, the Plumbing License Law and Board Rules. The amendments to §367.14
are necessary to avoid any inconsistencies and unnecessary duplication that
could exist between the requirements of §367.14, SOAH Rules and the Administrative
Procedure Act. The amendments delete unnecessary language and add simplified
new language to clearly specify that contested cases shall be conducted in
accordance with SOAH Rules, the Administrative Procedure Act, the Plumbing
License Law and Board Rules.
No comments were received regarding the proposed rule amendments.
The amendments to §367.14 are adopted under and affect Title
8, Chapter 1301, Occupations Code, as amended by the 78th Legislature ("Plumbing
License Law" or "Law"), §1301.251, and the rule it amends. Section 1301.251
requires the Board to adopt and enforce rules necessary to administer the
Plumbing License Law. The amendments are also adopted under Texas Government
Code Annotated, Chapter 2001 (the Administrative Procedure Act) and Texas
Administrative Code, Title 1, Part 7 (SOAH Rules). No other statute, article
or code is affected by these amendments.
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 April 12, 2006.
TRD-200602124
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Effective date: May 2, 2006
Proposal publication date: February 3, 2006
For further information, please call: (512) 936-5224
Chapter 681.
PROFESSIONAL COUNSELORS
The Texas State Board of Examiners of Professional Counselors (board)
adopts amendments to §§681.9, 681.91, 681.112, 681.162, and 681.166,
concerning the licensing and regulation of professional counselors. Specifically,
the amendments cover committees, temporary licenses, provisional licensing,
and complaint processes. Section 681.166 is adopted with changes to the proposed
text as published in the December 23, 2005, issue of the
Texas Register
(30 TexReg 8593). Sections 681.9, 681.91, 681.112, and
681.162 are adopted without changes, and the sections will not be republished.
BACKGROUND AND PURPOSE
The amendments are required by statutory changes to the Texas Occupations
Code, Chapter 503, by House Bill 1283, passed during the 79th Legislature,
Regular Session, 2005. The proposed amendments ensure that the rules reflect
current and accurate legal, policy, and operational considerations; improve
draftsmanship; and make the rules more accessible, understandable, and usable,
to the extent possible.
SECTION-BY-SECTION SUMMARY
The amendment to §681.9 documents who may serve on a board committee.
New §681.91(i) clarifies that an intern may not provide counseling
services unless under supervision.
The amendment to §681.112 clarifies examination requirements for license
by reciprocity.
New §681.162(e) allows the board to issue a cease and desist order
for persons violating the Act. A violation of an order constitutes grounds
for the imposition of an administrative penalty by the board.
The amendment to §681.166 allows the board to order a license holder
to issue a refund to a consumer resulting from an informal conference instead
of, or in addition to, an administrative penalty.
COMMENTS
The board did not receive any comments regarding the proposed rules during
the comment period. However, the board due to staff comments made the following
changes.
Change: Concerning §681.166(w)(1) and (2) the word "consumer" was
changed to the phrase "client or other payer" for consistency in terminology.
Subchapter A. THE BOARD
22 TAC §681.9
STATUTORY AUTHORITY
The amendment is authorized by Occupations Code, §503.203, which authorizes
the board to adopt rules necessary for the performance of the board's duties.
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 April 14, 2006.
TRD-200602163
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Effective date: May 4, 2006
Proposal publication date: December 23, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §681.91
STATUTORY AUTHORITY
The amendment is authorized by Occupations Code, §503.203, which authorizes
the board to adopt rules necessary for the performance of the board's duties.
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 April 14, 2006.
TRD-200602164
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Effective date: May 4, 2006
Proposal publication date: December 23, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §681.112
STATUTORY AUTHORITY
The amendment is authorized by Occupations Code, §503.203, which authorizes
the board to adopt rules necessary for the performance of the board's duties.
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 April 14, 2006.
TRD-200602165
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Effective date: May 4, 2006
Proposal publication date: December 23, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §681.162, §681.166
STATUTORY AUTHORITY
The amendments are authorized by Occupations Code, §503.203, which
authorizes the board to adopt rules necessary for the performance of the board's
duties.
§681.166.Informal Disposition.
(a)
Informal disposition of any complaint or contested case
involving a licensee or an applicant for licensure may be made through an
informal conference held to determine whether the matters in controversy can
be resolved without further proceedings.
(b)
The decision to hold a conference shall be within the discretion
of the executive director or a member of the complaints committee.
(c)
An informal conference shall be voluntary and shall not
be a prerequisite to a formal hearing.
(d)
The executive director shall establish the time, date and
place of the informal conference, and provide written notice to the licensee
or applicant. Notice shall be provided no less than 10 working days prior
to the date of the informal conference by certified mail, return receipt requested
to the last known address of the licensee or applicant. The licensee or applicant
may waive the 10-day notice requirement.
(e)
The notice shall inform the licensee or applicant of the
nature of the alleged violation or the reason for application denial; that
the licensee may be represented by legal counsel; that the licensee or applicant
may offer the testimony of witnesses and present other evidence as may be
appropriate; that a complaints committee member shall be present; that the
board's legal counsel shall be present; that the licensee's or applicant's
attendance and participation is voluntary; that the complainant and any client
involved in the alleged violations may be present; and that the informal conference
shall be canceled if the licensee or applicant notifies the executive director
that he or she or his or her legal counsel will not attend. A copy of the
board's rules concerning informal disposition shall be enclosed with the notice
of the informal conference.
(f)
The complainant may be informed that he or she may appear
and testify or may submit a written statement for consideration at the informal
conference.
(g)
A member of the complaints committee shall be present at
an informal conference.
(h)
The conference shall be informal and shall not follow the
procedures established in this chapter for contested cases and formal hearings.
(i)
The licensee, the licensee's attorney, the board's attorney,
the executive director and the complaints committee member may question witnesses,
make relevant statements, present statements of persons not in attendance,
and present such other evidence as may be appropriate.
(j)
The board's legal counsel may attend each informal conference.
The complaints committee member or executive director may call upon the attorney
at any time for assistance in the informal conference.
(k)
The licensee shall be afforded the opportunity to make
statements that are material and relevant.
(l)
The complaints committee member or the executive director
may exclude from the informal conference all persons except witnesses during
their testimony, the licensee, the licensee's attorney, and board staff.
(m)
Any written statement submitted by the complainant shall
be reviewed at the conference.
(n)
At the conclusion of the informal conference, the complaints
committee member or the executive director may make recommendations for informal
disposition of the complaint or contested case. The recommendations may include
any disciplinary action authorized by the Act or this chapter. The complaints
committee member may also conclude that the board lacks jurisdiction; conclude
that a violation of the Act or this chapter has not been established; order
that the investigation be closed; or refer the matter for further investigation.
(o)
The licensee or applicant may either accept or reject the
recommendations at the informal conference. If the recommendations are accepted,
an agreed order shall be prepared by the board office or the board's legal
counsel and forwarded to the licensee or applicant. The order may contain
agreed findings of fact and conclusions of law. The licensee or applicant
shall execute the order and return the signed order to the board office within
10 working days of his or her receipt of the order. If the licensee or applicant
fails to return the signed order within the stated time period, the inaction
shall constitute rejection of the recommendations.
(p)
If the licensee or applicant signs and accepts the proposed
recommendations, the agreed order shall be submitted to the complaints committee
and the board for approval. Placement of the agreed order on the committee
and board agendas shall constitute only a recommendation for approval by the
board.
(q)
The identity of the licensee or applicant shall not be
made available to the board until after the board has reviewed and accepted
the agreed order unless the licensee or applicant chooses to attend the board
meeting. The licensee or applicant shall be notified of the date, time, and
place of the board meeting at which the proposed agreed order will be considered.
Attendance by the licensee or applicant is voluntary.
(r)
Upon an affirmative majority vote, the board shall enter
an agreed order approving the accepted recommendations. The board may not
change the terms of a proposed order but may only approve or disapprove an
agreed order unless the licensee or applicant is present at the board meeting
and agrees to other terms proposed by the board.
(s)
If the board does not approve a proposed agreed order,
the licensee or applicant shall be so informed. The matter shall be referred
to the executive director for other appropriate action.
(t)
A proposed agreed order is not effective until the board
has approved the agreed order and the order is signed by the board chair.
(u)
A licensee's opportunity for an informal conference under
this section shall satisfy the requirement of the Administrative Procedure
Act, Texas Government Code, §2001.054(c).
(v)
If a licensee who has requested an informal conference
fails to appear at the conference and fails to provide notice of the licensee's
inability to attend the conference at least 24 hours in advance of the time
the conference is scheduled, such action may constitute a withdrawal of the
request for a formal hearing.
(w)
Refund Order.
(1)
The board may order a license holder to pay a refund to
a client or other payer as provided in an agreement resulting from an informal
settlement conference instead of, or in addition, to imposing an administrative
penalty under this chapter.
(2)
The amount of a refund ordered as provided in an agreement
resulting from an informal settlement conference may not exceed the amount
the client or other payer paid to the license holder for a service regulated
by this chapter. The board may not require payment of other damages or estimate
harm in a refund order.
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 April 14, 2006.
TRD-200602166
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Effective date: May 4, 2006
Proposal publication date: December 23, 2005
For further information, please call: (512) 458-7111 x6972
Chapter 781.
SOCIAL WORKER LICENSURE
The Texas State Board of Social Worker Examiners (board) adopts amendments
to §§781.102, 781.203, 781.209, 781.210, 781.217, 781.301, 781.302,
781.305, 781.306, 781.310, 781.311, 781.503, 781.508, 781.509, 781.514, 781.602,
781.607, 781.608, 781.701, 781.803, the repeal of §§781.702 - 781.707,
new §781.318 and §§781.702 - 781.704, concerning the licensure
and regulation of social workers. Amendments to §§781.503, 781.508,
781.509, and 781.514 are adopted with changes to the proposed text as published
in the October 28, 2005, issue of the
Texas Register
(30 TexReg 6989). Amendments to §§781.102, 781.203, 781.209,
781.210, 781.217, 781.301, 781.302, 781.305, 781.306, 781.310, 781.311, 781.602,
781.607, 781.608, 781.701, 781.803, the repeal of §§781.702 - 781.707,
new §781.318 and §§781.702 - 781.704 are adopted without changes,
and the sections will not be republished.
BACKGROUND AND PURPOSE
The adopted amendments, repeals, and new sections are necessary to comply
with Senate Bill 415, 79th Texas Legislature, 2005 (Sunset legislation), which
amended Occupations Code, Chapter 505, the board's enabling statute, as part
of the review of the board by the Sunset Advisory Commission. The bill modified
requirements relating to the board's licensing and enforcement authority and
applied certain across-the-board standards and requirements for regulatory
boards. The rule adoption implements the requirements of the bill.
Additionally, the Texas Legislature passed the General Appropriations Act,
House Bill 1, 79th Regular Session (2005). Article 2 of the General Appropriations
Act, Rider 85 Contingent Appropriation of Additional Fee Revenues authorized
the collection of additional revenue in the form of fees, which would then
be appropriated to pay for expenses of Health Care Professional programs,
including licensed social workers.
Additionally, the board adopts the amendments and repeals to correct minor
errors, improve the rules, and ensure that the rules reflect current legal,
policy, and operational considerations.
SECTION-BY-SECTION SUMMARY
The amendment to §781.102 is adopted to add a new definition of AMEC;
to eliminate obsolete definitions of LMSW-ACP, LSW, and SWA; and to renumber
the definitions accordingly.
The amendment to §781.203 is adopted to clarify that the board's training
program must meet the requirements of Occupations Code, Chapter 505. The amendment
to §781.209 is adopted to reflect requirements of the Sunset legislation.
The amendment to §781.210 is adopted to eliminate the obsolete reference
to the executive director as an appointee of the Commissioner of Health. The
amendment to §781.217(a) is adopted based on the provisions for contingent
appropriation of additional fee revenue authorized by the General Appropriations
Act, 79th Regular Session (2005), by increasing the amount of the fee for
renewal of a license. The amendment to §781.217(b) is adopted to correct
a minor error.
The amendment to §781.301 is adopted to reflect the jurisprudence
examination requirement of the Sunset legislation. The amendment to §781.302
is adopted to clarify that only one supervisory plan may be in place at any
time. Amendments to §781.305 and §781.306 are adopted to clarify
that accredited institutions must be accredited by CSWE, to update license
level terminology, and to reflect the jurisprudence examination requirement
of the Sunset legislation. Amendments to §781.310 and §781.311 are
adopted to update license level terminology and delete obsolete license terms.
New §781.318 is adopted to reflect new language regarding issuance of
licenses to certain out-of-state applicants. This language reflects the requirements
of the Sunset legislation.
The amendment to §781.503 is adopted to reflect the requirements of
the Sunset legislation relating to the refusal to renew a license for failure
to pay an administrative penalty; and to require that licensed social workers
who renew during calendar years 2007 and 2008 must complete the board's jurisprudence
examination in order to renew the license. This requirement is intended to
increase knowledge of, and compliance with, Texas social work law and rules
among the board's license holders. Amendments to §781.508 and §781.509
are adopted to clarify the number of continuing education hours required as
a result of the move to two-year license terms; to improve draftsmanship and
understanding; and to reflect the requirement for license holders to take
the jurisprudence examination during calendar years 2007 and 2008. The amendment
to §781.514 is adopted to reflect the requirement for license holders
to take the jurisprudence examination during calendar years 2007 and 2008.
The amendment to §781.602 is adopted to reflect the board's authority
to issue a cease and desist order, as added by the Sunset legislation. The
amendment to §781.607 is adopted to reflect the board's authority to
refuse to renew a license for failure to pay an administrative penalty, as
added by the Sunset legislation. The amendment to §781.608 is adopted
to reflect the board's authority to order a license holder to pay a refund
to a consumer as provided in an agreement resulting from an informal settlement
conference, as added by the Sunset legislation.
The amendment to §781.701 is adopted to update and clarify the subchapter's
purpose. New §781.702 is adopted to reflect current operational and legal
considerations relating to notice of formal hearings and informal conferences,
and to eliminate obsolete or unnecessary language. New §781.703 is adopted
to reflect current operational and legal considerations relating to default
and to eliminate obsolete or unnecessary language. New §781.704 is adopted
to reflect current operational and legal considerations relating to action
after a hearing and to eliminate obsolete or unnecessary language.
The repeal of §§781.702 - 781.707 is adopted as those sections
are deemed obsolete or unnecessary, and they no longer reflect current legal
and operational considerations.
The amendment to §781.803 is adopted to implement the requirement
of the Sunset legislation to establish an administrative penalty schedule.
COMMENTS
The following comments were received concerning the proposed amendments,
repeals and new sections. Following each comment is the board's response and
any resulting change(s).
Comment: Two commenters expressed opposition to the proposed rule amendments
that would require social workers to complete the board's jurisprudence examination
as part of the biennial license renewal process. The commenters stated that
this proposal is inconsistent with Sunset Advisory Commission recommendations,
is not required by the social worker licensing statute, and would be unnecessary
and overly burdensome to license holders. Concerns were also expressed about
the use of the term "examination" as opposed to "training course."
Response: The board both agrees and disagrees with the commenters. The
commenters were present and participated fully in the Rules Committee meeting
and the board meeting at which their comments were considered and the proposal
was finally adopted. The board and the commenters engaged in significant dialogue
about the proposed requirement and its perceived advantages and disadvantages.
The commenters and the board agreed that there is value in requiring all social
workers to complete the jurisprudence examination once, during calendar years
2007 and 2008 at the time of renewal. After that two-year period, the board
and its stakeholders will discuss whether an ongoing requirement is necessary.
The board agrees that, in the context of requirements and options for currently
licensed social workers, the term "training course" is preferable to "examination."
As a result of these discussions, the following changes were made. Section
781.503(l) is modified to read "For all licenses renewed between January 1,
2007, and December 31, 2008, the jurisprudence training course must be completed
in order to renew the license. Completion of the jurisprudence training course
shall count as 3 hours of the continuing education requirement for professional
ethics and social work values, as referenced in §781.508(b) of this title."
Section 781.509(6) is modified to replace the term "examination" with the
term "training course." Section 781.514(8) is modified to repeat the language
of §781.503(l).
Comment: One commenter wrote the board and addressed the proposed jurisprudence
examination requirement for licensed social workers. The commenter expressed
neither support nor opposition for the rule proposal, but did make observations
and ask questions.
Response: These observations and questions were examined as part of the
dialogue with stakeholders who were present at the Rules Committee and board
meetings. No change was made as a result.
Comment: One commenter addressed §781.508(b), and stated that the
rule as proposed is unclear, and provided suggested language.
Response: The board agrees that the rule could be improved. The board and
the commenter, who was present at the Rules Committee and board meetings,
discussed this matter at length. The following change to the rule was adopted
at the meeting, with the commenter's support: "As part of the required 30
clock-hours, a licensee must complete a minimum of six clock-hours of continuing
education in professional ethics and social work values during the biennial
renewal period." Additionally, it was agreed that §781.508(c) should
be deleted and the remainder of the section relettered accordingly.
Comment: One commenter addressed §781.209(c) and expressed concern
that the rule not be used to prevent valuable vehicles for input to the board,
such as the appointment of a statewide task force to consider issues of importance.
Response: The board agrees. The rule as proposed will apply to standing
board committees, in compliance with the board's enabling statute. The board
will continue to seek broad-based input from the regulated community in a
variety of ways, as the need arises, such as the formation of a statewide
task force to study important issues and make recommendations to the board.
No change was made as a result of the comment.
Comment: One commenter expressed opposition to the proposal to increase
licensing and renewal fees.
Response: The board disagrees. A fee increase is necessary in order to
maintain current levels of service by the board office. The Texas Legislature
passed the General Appropriations Act, House Bill 1, 79th Regular Session
(2005). Article 2 of the General Appropriations Act, Rider 85 Contingent Appropriation
of Additional Fee Revenues, authorized the collection of additional revenue
in the form of fees, which would then be appropriated to pay for expenses
of Health Care Professional programs, including licensed social workers. No
change was made as a result of the comment.
Comment: One commenter expressed support for §781.301(c) as an excellent
additional educational requirement for new license holders.
Response: The board agrees and appreciates the comment. No change was made
as a result of the comment.
Comment: One commenter did not indicate opposition or support for the rule
proposal, but did express concerns about continuing education in general,
noting that he has no computer or internet access to complete automated training
course, expressing concerns about the high cost of traveling to workshops,
and recommending that all continuing education be available through the completion
of correspondence courses.
Response: The board disagrees. The board's continuing education requirements
are flexible and provide for a variety of learning platforms to meet individual
needs. Board-approved continuing education providers offer both in-person
and independent study programs throughout the state. Computers with internet
access are widely available in public libraries and other venues, including
in the city of the commenter's residence. No change was made as a result of
the comment.
Four comment letters were received. One commenter was an individual. Other
commenters were National Association of Social Workers--Texas Chapter, Texas
Society for Clinical Social Work, and Texas Association of Social Work Deans
and Directors. Commenters were generally in favor of the rule proposal, but
expressed concerns, asked questions, and made recommendations. Some commenters
did express opposition to specific provisions, as described in this preamble.
Subchapter A. GENERAL PROVISIONS
22 TAC §781.102
The amendment is authorized by Occupations Code, §505.201,
which authorizes the board to adopt rules necessary to perform the board's
duties, and to establish standards of conduct and ethics for license holders;
by Occupations Code, §505.203, which authorizes the board to set fees;
and by Occupations Code, §505.404, which requires the board to establish
mandatory continuing education requirements for license holders.
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 April 14, 2006.
TRD-200602155
Charles Horton
Executive Director
Texas State Board of Social Worker Examiners
Effective date: May 4, 2006
Proposal publication date: October 28, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §§781.203, 781.209, 781.210, 781.217
The amendments are authorized by Occupations Code, §505.201,
which authorizes the board to adopt rules necessary to perform the board's
duties, and to establish standards of conduct and ethics for license holders;
by Occupations Code, §505.203, which authorizes the board to set fees;
and by Occupations Code, §505.404, which requires the board to establish
mandatory continuing education requirements for license holders.
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 April 14, 2006.
TRD-200602156
Charles Horton
Executive Director
Texas State Board of Social Worker Examiners
Effective date: May 4, 2006
Proposal publication date: October 28, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §§781.301, 781.302, 781.305, 781.306, 781.310, 781.311, 781.318
The amendments and new section are authorized by Occupations
Code, §505.201, which authorizes the board to adopt rules necessary to
perform the board's duties, and to establish standards of conduct and ethics
for license holders; by Occupations Code, §505.203, which authorizes
the board to set fees; and by Occupations Code, §505.404, which requires
the board to establish mandatory continuing education requirements for license
holders.
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 April 14, 2006.
TRD-200602157
Charles Horton
Executive Director
Texas State Board of Social Worker Examiners
Effective date: May 4, 2006
Proposal publication date: October 28, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §§781.503, 781.508, 781.509, 781.514
The amendments are authorized by Occupations Code, §505.201,
which authorizes the board to adopt rules necessary to perform the board's
duties, and to establish standards of conduct and ethics for license holders;
by Occupations Code, §505.203, which authorizes the board to set fees;
and by Occupations Code, §505.404, which requires the board to establish
mandatory continuing education requirements for license holders.
§781.503.License Renewal.
(a)
At least 45 days prior to the expiration of a license,
the board will send notice to a licensee that includes the expiration date
of the license, a schedule of the renewal and penalty fees, and continuing
competency activities needed to complete the renewal requirements.
(b)
A license renewal form shall be furnished to licensees
eligible for renewal. The form shall require the licensee to provide current
addresses; telephone numbers; continuing education completed; a signed statement
regarding any civil lawsuits, criminal cases and convictions or any complaints
against, investigations involving, or actions against the licensee by any
licensing or certification body; and a statement of continuing compliance
with the Act and this chapter.
(c)
The executive director will respond in writing to the application
for renewal within 15 working days of initial receipt and of receipt of a
completed application (if the initial application is deficient) notifying
the applicant that his or her license is renewed, that the application is
deficient, or that renewal is proposed for denial. Failure to process a renewal
application in the time periods stated shall be governed by §781.305(h)
and (i) of this title (relating to Application for Licensure).
(d)
The board shall renew the license of a social worker whom
has met all requirements for renewal including payment of all fees and submission
of documentation of completion of all required continuing education.
(e)
If a licensee has made timely and sufficient application
for renewal, the license does not expire until the board has acted on the
renewal. If the licensee claims to have made timely and sufficient application
and is otherwise eligible for license renewal, his or her license will be
considered to be current until the renewal is issued or until the board office
receives the information that timely and sufficient application was not made.
(f)
A licensee who has been recommended for disciplinary action
must file a timely and complete application for license renewal. If the licensee
fails to pay all fees or to document completion of required continuing education
he or she must cease all social work practice until all requirements for license
renewal are complete.
(g)
The board may deny the renewal of a license if the licensee
is a party to a formal disciplinary action. A formal action commences when
the notice described in §781.602(c) of this title (relating to Disciplinary
Action and Notices) is mailed by the board.
(h)
A license that is not revoked or suspended as a result
of formal proceedings shall be renewed provided that all other requirements
are met.
(i)
In the case of delay in the license renewal process because
of formal disciplinary action, penalty fees shall not apply.
(j)
If a complaint against a licensee is in process on the
date that his or her license renewal is due:
(1)
a notice will be sent to the licensee, certified mail return
receipt requested to the mailing address on file with the board, requiring
the licensee to renew his or her license or return his or her license to the
board;
(2)
the notice will state that the complaint process will continue
until its final resolution or if the license is renewed; and
(3)
unless the return receipt is received by the board, receipt
of the notice will be presumed to have occurred as provided in §781.602
of this title.
(k)
The board may refuse to renew the license of a person who
fails to pay an administrative penalty imposed in accordance with the Act
unless the enforcement of the penalty is stayed or a court has ordered that
the administrative penalty is not owed.
(l)
For all licenses renewed between January 1, 2007 and December
31, 2008, the jurisprudence training course must be completed each renewal
period in order to renew the license. Completion of the jurisprudence training
course shall count as three hours of the continuing education requirement
for professional ethics and social work values, as referenced in §781.508(b)
of this title (relating to Hour Requirements for Continuing Education).
§781.508.Hour Requirements for Continuing Education.
(a)
A licensee must complete a total of 30 clock-hours of continuing
education biennially obtained from board approved continuing education providers.
(b)
As part of the required 30 clock-hours, a licensee must
complete a minimum of six clock-hours of continuing education in professional
ethics and social work values during the biennial renewal period.
(c)
A clock-hour is defined as 60 minutes of standard time.
(d)
A licensee may earn credit for ethics as a presenter or
a participant.
(e)
On petition by a licensee, the executive director may waive
part, but not all, of the continuing education renewal requirements for good
and just cause or may permit the licensee an additional period of time in
which to complete all continuing education requirements. In all cases, the
decision of the executive director may be appealed to the Professional Development
Committee of the board. Should the committee overturn the decision of the
executive director, the committee may elect to waive the late fees accrued
or determine that the late fees should be paid by the licensee. Should the
decision of the executive director be upheld by the committee and the licensee
be denied in the appeal, all late fees accrued will apply.
§781.509.Types of Acceptable Continuing Education.
Continuing education undertaken by a licensee shall be acceptable to
the board as credit hours if the education falls in one or more of the following
categories:
(1)
participating in institutes, seminars, workshops, conferences,
independent study programs, post graduate training programs, college academic
or continuing education courses which are related to or enhance the practice
of social work and are offered or sponsored by a board approved provider;
(2)
teaching or presenting the activities described in paragraph
(1) of this section;
(3)
writing a published work or making a presentation directed
toward or applicable to the profession of social work;
(4)
providing professional guidance as a field instructor for
social work interns in connection with a college or university accredited
by or in candidacy status with CSWE;
(5)
providing supervision to a social worker participating
in the program in accordance with §781.313 of this title (relating to
the Alternative Method of Examining Competency (AMEC) Program); or
(6)
completion of the board's jurisprudence training course
no more than once per renewal period, unless the board directs otherwise.
§781.514.Credit Hours Granted.
The board will grant the following credit hours toward the continuing
education requirements for license renewal.
(1)
One credit hour will be given for each hour of participation
in a continuing education program by an approved provider.
(2)
Credit may be earned, post-licensure, through successfully
completing postgraduate training programs (e.g., intern, residency, or fellowship
programs) or successfully completing social work related courses which are
part of the curriculum of a graduate school of social work at a rate of five
credit hours per each semester hour or its equivalent not to exceed 10 hours
per renewal period. A licensee may complete the ethics requirement in §781.508(a)(2)
of this title (relating to Hour Requirements for Continuing Education) only
through a course specifically designated as an ethics course.
(3)
Credit may be earned for teaching social work courses in
an accredited college or university. Credit will be applied at the rate of
five credit hours for every course taught, not to exceed 15 hours per renewal
period. A licensee may complete the ethics requirement in §781.508(a)(2)
of this title only through teaching a course specifically designated as an
ethics course.
(4)
A field instructor for a social work intern will be granted
five credit hours for each college semester completed, not to exceed 20 credit
hours per renewal period.
(5)
A presenter of a continuing education program or an author
of a published work, which imparts social work knowledge and skills, may be
granted five credit hours for each original or substantially revised presentation
or publication, not to exceed 10 credit hours per renewal period.
(6)
Credit hours may be earned by successful completion of
an independent study program directly related to social work offered or approved
by an approved provider. With the exception of persons residing outside the
United States, a maximum of 10 credit hours for independent study programs
will be accepted per renewal period.
(7)
A licensee may carry over to the next renewal period up
to 10 credit hours earned in excess of the continuing education renewal requirements.
Continuing education earned during the licensee's birth month may be used
for the current renewal or for the following year.
(8)
For all licenses renewed between January 1, 2007 and December
31, 2008, the jurisprudence training course must be completed in order to
renew the license. Completion of the jurisprudence training course shall count
as three hours of the continuing education requirement in professional ethics
and social work values, as referenced in §781.508(b) of this title.
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 April 14, 2006.
TRD-200602158
Charles Horton
Executive Director
Texas State Board of Social Worker Examiners
Effective date: May 4, 2006
Proposal publication date: October 28, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §§781.602, 781.607, 781.608
The amendments are authorized by Occupations Code, §505.201,
which authorizes the board to adopt rules necessary to perform the board's
duties, and to establish standards of conduct and ethics for license holders;
by Occupations Code, §505.203, which authorizes the board to set fees;
and by Occupations Code, §505.404, which requires the board to establish
mandatory continuing education requirements for license holders.
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 April 14, 2006.
TRD-200602159
Charles Horton
Executive Director
Texas State Board of Social Worker Examiners
Effective date: May 4, 2006
Proposal publication date: October 28, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §§781.701 - 781.704
The amendment and new sections are authorized by Occupations
Code, §505.201, which authorizes the board to adopt rules necessary to
perform the board's duties, and to establish standards of conduct and ethics
for license holders; by Occupations Code, §505.203, which authorizes
the board to set fees; and by Occupations Code, §505.404, which requires
the board to establish mandatory continuing education requirements for license
holders.
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 April 14, 2006.
TRD-200602160
Charles Horton
Executive Director
Texas State Board of Social Worker Examiners
Effective date: May 4, 2006
Proposal publication date: October 28, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §§781.702 - 781.707
The repeals are authorized by Occupations Code, §505.201,
which authorizes the board to adopt rules necessary to perform the board's
duties, and to establish standards of conduct and ethics for license holders;
by Occupations Code, §505.203, which authorizes the board to set fees;
and by Occupations Code, §505.404, which requires the board to establish
mandatory continuing education requirements for license holders.
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 April 14, 2006.
TRD-200602161
Charles Horton
Executive Director
Texas State Board of Social Worker Examiners
Effective date: May 4, 2006
Proposal publication date: October 28, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §781.803
The amendment is authorized by Occupations Code, §505.201,
which authorizes the board to adopt rules necessary to perform the board's
duties, and to establish standards of conduct and ethics for license holders;
by Occupations Code, §505.203, which authorizes the board to set fees;
and by Occupations Code, §505.404, which requires the board to establish
mandatory continuing education requirements for license holders.
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 April 14, 2006.
TRD-200602162
Charles Horton
Executive Director
Texas State Board of Social Worker Examiners
Effective date: May 4, 2006
Proposal publication date: October 28, 2005
For further information, please call: (512) 458-7111 x6972
Chapter 821.
ORTHOTICS AND PROSTHETICS
The Texas Board of Orthotics and Prosthetics (board) adopts amendments
to §§821.1, 821.2, 821.5 - 821.7, 821.9, 821.15, 821.17, 821.23,
821.27 - 821.29, 821.33 and 821.35, and the repeal of §821.25, concerning
the licensure and regulation of orthotists, prosthetists, assistants, technicians,
students, and orthotic and prosthetic facilities without changes to the proposed
text as published in the December 23, 2005, issue of the
Texas Register
(30 TexReg 8614) and, therefore, the sections will not
be republished.
The changes were made necessary by House Bill 2292, 78th Legislature, Regular
Session, (2003), which changed the name of the "Texas Department of Health"
to the "Department of State Health Services"; by the expiration of time for
the filing and processing of applications under the grandfather provisions
of Occupations Code, Chapter 605; by the need to establish guidelines for
determining unique qualifications under Occupations Code, §605.254(a)(2);
and to correct and simplify the rules.
The sections delete all references to provisional licensing; change "comprehensive
orthotic care" to "extensive orthotic practice"; change "comprehensive prosthetic
care" to "extensive prosthetic practice"; correctly identifies the agency,
the "Department of State Health Services", to which the board is administratively
attached; correct citations; allow applicants to submit professional references
from practitioners who are licensed or certified by another state or national
organization; disallow for renewal of a temporary license if the licensee
has failed an examination administered by the board; require applicants to
receive prior approval from the executive director before completing the required
80-hour planned, structured, and personalized tutorial after failing the examination
three times; require applicants to wait a period of three years before reapplying
for licensure and examination if they fail the examination six times; remove
the language that allows applicants to qualify for licensure and examination
as an orthotist and prosthetist with an associate's degree; require a bachelor's
degree for student registration renewal; require accredited facilities to
have the equipment and capabilities to provide casting, measuring, fitting,
repairs and adjustments; and require accredited facilities to have a mirror
that is attached to the wall or on a freestanding base for patient ambulation.
The repeal deletes the sections pertaining to the provisional license.
No comments were received during the comment period concerning the proposed
rules.
Chapter 183.
ACUPUNCTURE
Part 17.
TEXAS STATE BOARD OF PLUMBING EXAMINERS
Part 30.
TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS
Subchapter F. EXPERIENCE REQUIREMENTS FOR LICENSURE
Subchapter H. LICENSING
Subchapter K. COMPLAINTS AND VIOLATIONS
Part 34.
TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS
Subchapter B. THE BOARD
Subchapter C. LICENSES AND LICENSING PROCESS
Subchapter E. LICENSE RENEWAL AND CONTINUING EDUCATION
Subchapter F. COMPLAINTS AND VIOLATIONS
Subchapter G. FORMAL HEARINGS
Subchapter H. SANCTION GUIDELINES
Part 37.
TEXAS BOARD OF ORTHOTICS AND PROSTHETICS