TITLE 22.EXAMINING BOARDS

Part 21. TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS

Chapter 463. APPLICATIONS AND EXAMINATIONS

22 TAC §463.5

The Texas State Board of Examiners of Psychologists proposes an amendment to §463.5, Application File Requirements. This amendment is being proposed to clarify to applicants that references submitted for the purpose of licensure cannot be by persons who are related to the applicant within the second degree of affinity or within the second degree by consanguinity.

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 of 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 clarify reference letters submitted with application. 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.

No other code, articles or statutes are affected by this section.

§463.5.Application File Requirements.

To be complete, an application file must contain whatever information or examination results the Board requires. Unless specifically stated otherwise by Board rule, all applications for licensure by the Board must contain:

(1) - (3) (No change.)

(4) Three acceptable reference letters from three different psychologists, two of whom are licensed or were licensed at the time of applicant's training and none of whom are related to the applicant within the second degree of affinity or within the second degree by consanguinity ;

(5) - (6) (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 June 1, 2006.

TRD-200602992

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: July 16, 2006

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


22 TAC §463.28

The Texas State Board of Examiners of Psychologists proposes new §463.28, Emergency Limited Temporary Licensure. This new rule is being proposed to allow the Board to streamline the requirements for limited temporary licensure for out-of-state licensees desiring to temporarily provide psychological services.

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 of 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 clarify emergency limited temporary licensure. 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 section 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.

No other code, articles or statutes are affected by this section.

§463.28.Emergency Limited Temporary Licensure.

In the event of a national disaster, as declared by federal or state authorities, the Board may reduce its requirements for limited temporary licensure for displaced licensees from those states in which the disaster was declared in order to allow them to provide psychological services in this state. The applicant would have to provide proof, acceptable to the Board, that he or she is currently licensed and in good standing in another state and holds a license comparable to the one that is sought in this state. For this purpose, the Board would consider a limited temporary license for a licensed specialist in school psychology, licensed psychological associate and licensed psychologist. The Board may extend the effective dates of this emergency limited temporary license.

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 June 1, 2006.

TRD-200602991

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: July 16, 2006

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


Chapter 471. RENEWALS

22 TAC §471.5

The Texas State Board of Examiners of Psychologists proposes an amendment to §471.5, concerning Updated Information Requirements. This amendment is being proposed to clarify the information that is needed on the annual renewal form.

Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendment is in effect there will be no fiscal implications for state of local government as a result of enforcing or administering the amended section.

Ms. Lee also has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amended section will be to clarify the information that is needed on the annual renewal form. There will be no effect to small businesses. There is no anticipated economic cost to persons who are required to comply with the amendment 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, Texas 78701, (512) 305-7700.

The amendment 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.

No other code, articles or statutes are affected by this amendment.

§471.5.Updated Information Requirements.

Each licensee shall provide the following information when renewing his/her license each year:

(1) If the licensee has ever been arrested, indicted, or convicted of any criminal offense which the licensee has not previously reported to the Board [ Whether he/she has been charged or convicted of a felony since last renewal date ];

(2) If the licensee has been a party (plaintiff or defendant) to any civil lawsuit pertaining to the practice of psychology or involving any patient or former patient not previously reported to the Board [ Whether any action has been taken against a professional license held by the licensee in this or any other jurisdiction ];

(3) The names of all jurisdictions where the licensee [ he/she ] currently holds a license to practice psychology;

(4) If there is a pending action or final action against the licensee in any jurisdiction that the licensee as not previously reported to the Board; [ Whether he/she has complied with the annual requirements for continuing education. ]

(5) If the licensee has complied with the annual requirements for continuing education;

(6) If the licensee has a guaranteed student loan in default; and

(7) If the licensee is currently in default of any court-ordered child support.

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 June 1, 2006.

TRD-200602993

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: July 16, 2006

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


Part 39. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS

Chapter 851. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING RULES

Subchapter A. LICENSING

22 TAC §851.80

The Texas Board of Professional Geoscientists (TBPG) proposes amendments to §851.80, concerning fees. These amendments establish the fees associated with the registration of a sole-proprietorship and their annual renewal. The TBPG adopted a firm registration rule that requires firms, which include sole proprietorships, to register with the Board if they plan to practice geoscience before the public. The proposed amendments add language to 22 TAC §851.80 to clarify the separate fee for sole-proprietorships as opposed to all other firms. The need for this clarification is based on feedback from our licensees who felt the regular firm registration and renewal fees would be too burdensome for an individual practicing as a sole-proprietor.

Michael D. Hess, Executive Director of the TBPG, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Mr. Hess and Y. Lynn Clark, PG and professional Board member, have determined that for each of the first five years this section is in effect the public benefit anticipated as a result of enforcing the section will be enhancement of the professional practice of geoscientists by ensuring only qualified and registered sole proprietorships practice geoscience before the public. The reduced fees should make the impact on small business minimal. The economic cost to individuals required to comply with the fee requirements should be minimal as well.

Comments on the proposal may be submitted in writing to Ariel X. Juarez, Program Specialist, P.O. Box 13225, Austin, TX 78711, (512) 936-4402. Comments may also be submitted electronically to ajuarez@tbpg.state.tx.us or faxed to (512) 936-4409. Comments must be submitted no later than 30 days from the date the proposed amendments are posted on the Texas Register . All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by Mr. Juarez not more than 15 calendar days after notice of proposed amendments to the section have been published in the Texas Register .

The amendments are proposed under the Texas Occupations Code, §1002.152, which allows the TBPG to set reasonable and necessary fees and §1002.351 which authorizes the TBPG to register firms to practice geoscience before the public.

The proposed amendments implement the Texas Occupations Code, §1002.152 and §1002.351.

§851.80.Fees.

(a) - (k) (No change.)

(l) Sole Proprietorship Registration--$25.

(m) Sole Proprietorship Renewal--$25.

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 30, 2006.

TRD-200602947

Frank Knapp

Assistant Attorney General

Texas Board of Professional Geoscientists

Earliest possible date of adoption: July 16, 2006

For further information, please call: (512) 936-4402