Part 5.
STATE BOARD OF DENTAL EXAMINERS
Chapter 101.
DENTAL LICENSURE
22 TAC §101.7
The Texas State Board of Dental Examiners (Board) proposes
an amendment to §101.7(b)(2)(D), concerning reinstatement of a retired
Texas dental license to active status. The amendment is proposed to clarify
the number of hours of continuing education required for license holders who
have not actively practiced for at least two years immediately preceding the
request for reinstatement of a retired license.
Dr. Jim Zukowski, Executive Director of the Texas State Board of Dental
Examiners, has determined that for each year of the first five-year period
the section is in effect, there will be no fiscal implications for local or
state government as a result of enforcing or administering the section.
Dr. Zukowski has also determined that for each year of the first five years
the section is in effect the administration and enforcement of the proposed
section is expected to benefit the public by clarifying the continuing educational
requirements needed by retired dentists to regain active licensure.
There is no impact on large, small or micro-businesses.
There is no anticipated economic cost to persons as a result of enforcing
or administering the section.
Comments on the proposal may be submitted to Dr. Jim Zukowski, Executive
Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, or by fax at (512) 463-7452. To be considered, all
written comments must be received by the Texas State Board of Dental Examiners
no later than 30 days from the date that this amended section is published
in the
Texas Register
.
The amendment is proposed under Texas Government Code §2001.021
et seq., and Texas Occupations Code §254.001, which provides the Board
with the authority to adopt and enforce rules necessary for it to perform
its duties.
The proposed amendment affects Title 3, Subtitle D of the Occupations Code
and Title 22, Texas Administrative Code, Chapters 101 - 125.
§101.7.Retired License Status.
(a)
(No change.)
(b)
Reinstatement. The board may reinstate a retired Texas
dental license to active status, provided the license holder submits an application
for reinstatement on a form prescribed by the board, pays the appropriate
fees due at the time application is made, and meets the requirements of this
subsection.
(1)
(No change.)
(2)
A license holder who has not actively practiced for at
least two years immediately preceding the request for reinstatement of a retired
license shall provide:
(A) - (C)
(No change.)
(D)
proof of completion of
twenty-four
[
(3) - (5)
(No change.)
(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 9, 2006.
TRD-200602577
Jim Zukowski, Ed.D.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 475-0972
22 TAC §110.2
The Texas State Board of Dental Examiners (Board) proposes
an amendment to §110.2(f)(2)(A), concerning minimum continuing education
requirements for dentists administering enteral conscious sedation in the
dental office. The amendment is proposed to require a dentist to take a minimum
of six hours of continuing education in enteral conscious sedation every three
years in order to maintain an enteral conscious sedation permit.
Dr. Jim Zukowski, Executive Director of the Texas State Board of Dental
Examiners, has determined that for each year of the first five-year period
the section is in effect, there will be no fiscal implications for local or
state government as a result of enforcing or administering the section.
Dr. Zukowski has also determined that for each year of the first five years
the section is in effect the administration and enforcement of the proposed
section is expected to benefit the public by ensuring minimum continuing education
requirements for dentists that hold an enteral conscious sedation permit.
There is no impact on large, small or micro-businesses.
There is no anticipated economic cost to persons as a result of enforcing
or administering the section.
Comments on the proposal may be submitted to Dr. Jim Zukowski, Executive
Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, or by fax at (512) 463-7452. To be considered, all
written comments must be received by the Texas State Board of Dental Examiners
no later than 30 days from the date that this amended section is published
in the
Texas Register
.
The amendment is proposed under Texas Government Code §2001.021
et seq., and Texas Occupations Code §254.001, which provides the Board
with the authority to adopt and enforce rules necessary for it to perform
its duties.
The proposed amendment affects Title 3, Subtitle D of the Occupations Code
and Title 22, Texas Administrative Code, Chapters 101 - 125.
§110.2.Permit.
(a) - (e)
(No change.)
(f)
Educational/Professional Requirements:
(1)
(No change.)
(2)
The following shall apply to the administration of enteral
conscious sedation in the dental office:
(A)
the operating dentist must complete at least
six hours
of
[
(B)
(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 9, 2006.
TRD-200602578
Jim Zukowski, Ed.D.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 475-0972
22 TAC §113.1, §113.2
The Texas State Board of Dental Examiners (Board) proposes
new Chapter 113, §113.1 and §113.2, regarding Requirements for Dental
Offices. The proposed new Chapter 113 will replace the obsolete language found
in current Chapter 113 regarding x-ray laboratory requirements. Specifically,
new Chapter 113 will clarify minimum requirements for the operation of dental
x-ray laboratories to ensure minimum requirements for safety and efficacy
are met, will address newer technology regarding non-lead protective aprons,
and will address situations where a thyroid collar may prevent the taking
of appropriate radiographs. The Board is proposing the repeal of current Chapter
113 simultaneously with this proposed new Chapter 113.
Dr. Jim Zukowski, Executive Director of the Texas State Board of Dental
Examiners, has determined that for each year of the first five-year period
that the new sections are in effect, there will be no fiscal implications
for local or state government as a result of enforcing or administering the
new sections.
Dr. Zukowski has also determined that for each year of the first five years
the new sections are in effect the administration and enforcement of the proposed
new sections is expected to benefit the public by ensuring that appropriate
minimum requirements regarding the operation of dental x-ray laboratories
are in place, and that changes in current technology regarding protective
aprons is addressed.
There is no impact on large, small or micro-businesses.
There is no anticipated economic cost to persons as a result of enforcing
or administering the new sections.
Comments on the proposal may be submitted to Dr. Jim Zukowski, Executive
Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, or by fax at (512) 463-7452. To be considered, all
written comments must be received by the Texas State Board of Dental Examiners
no later than 30 days from the date that the new sections are published in
the
Texas Register
.
The new sections are proposed under Texas Government Code §2001.021
et seq., and Texas Occupations Code §254.001, which provides the Board
with the authority to adopt and enforce rules necessary for it to perform
its duties.
The proposed new sections affect Title 3, Subtitle D of the Occupations
Code and Title 22, Texas Administrative Code, Chapters 101 - 125.
§113.1.Definitions.
The following words and terms, when used in reference to this chapter,
shall have the following meanings, unless the context clearly indicates otherwise.
(1)
X-ray equipment--An x-ray system, subsystem, or component
thereof including portable, hand-carried or stationary x-ray machines or devices.
(2)
X-ray laboratory--A facility, space or area in which x-ray
equipment is used to create a radiograph.
§113.2.X-ray Laboratories.
(a)
All dental licensees, including dentists, dental hygienists
or other dental auxiliaries shall comply with Title 25 Texas Administrative
Code §289.232 (Radiation Control Regulations for Dental Radiation Machines)
as promulgated by the Texas Department of State Health Services Radiation
Control Program or its successor.
(b)
All dental x-ray laboratories operating in this state must
be under the general supervision of a Texas licensed dentist.
(c)
All dental patients must be protected by a lead apron with
the thyroid collar while directly exposed to x-rays with the exception of
those radiographs where it is necessary to image areas concealed or obstructed
by a thyroid collar. A non-lead apron may be used instead of a lead apron
if the non-lead apron provides protection from x-rays that is equivalent to
that of a lead apron.
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 15, 2006.
TRD-200602678
Jim Zukowski, Ed.D.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 475-0972
22 TAC §113.2
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the State Board of Dental Examiners or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Dental Examiners (Board)
proposes the repeal of Chapter 113, §113.2, regarding Requirements for
Dental Offices. The proposed repeal will remove obsolete language regarding
x-ray laboratory requirements. Specifically, the repeal of Chapter 113 will
allow for the proposal and consideration of new language to address newer
technology that includes non-lead protective aprons and situations where a
thyroid collar may prevent the taking of appropriate radiographs. The Board
is proposing a new Chapter 113 simultaneously with the proposed repeal of
this Chapter 113.
Dr. Jim Zukowski, Executive Director of the Texas State Board of Dental
Examiners, has determined that for each year of the first five-year period
that the repeal is in effect, there will be no fiscal implications for local
or state government as a result of the repeal.
Dr. Zukowski has also determined that for each year of the first five years
the repeal is in effect the public benefit will be ensuring that obsolete
language can be replaced with new language that adequately addresses changes
in technology.
There is no impact on large, small or micro-businesses.
There is no anticipated economic cost to persons as a result of enforcing
or administering the section.
Comments on the proposal may be submitted to Dr. Jim Zukowski, Executive
Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, or by fax at (512) 463-7452. To be considered, all
written comments must be received by the Texas State Board of Dental Examiners
no later than 30 days from the date that the repeal is published in the
The repeal is proposed under Texas Government Code §2001.021
et seq., and Texas Occupations Code §254.001, which provides the Board
with the authority to adopt and enforce rules necessary for it to perform
its duties.
The proposed repeal affects Title 3, Subtitle D of the Occupations Code
and Title 22, Texas Administrative Code, Chapters 101 - 125.
§113.2.X-ray Laboratories.
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 15, 2006.
TRD-200602677
Jim Zukowski, Ed.D.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 475-0972
22 TAC §§114.2, 114.10, 114.11
The Texas State Board of Dental Examiners (Board) proposes
amendments to §§114.2, 114.10, and 114.11, concerning the registration
and training of dental assistants. The amendment is proposed to clarify the
status and transition between current and succeeding programs of dental assistant
registration. The proposed amendments to these sections cover dental assistant
registration, radiologic procedures and dental assistant training exemptions.
Proposed §114.2 clarifies that the authorization for dental assistants
to position and expose radiographs (x-rays) under the former §115.10
(recodified as §114.10) prior to September 1, 2004, will expire in its
entirety on September 1, 2006.
Proposed §114.10 clarifies that the former §115.10 will be superseded
by proposed §114.2 and §114.20 on September 1, 2006.
Proposed §114.11 clarifies that dental assistants may position and
expose, or otherwise make dental x-rays during the course of an on-the-job
training period that may last up to one year.
Dr. Jim Zukowski, Executive Director of the Texas State Board of Dental
Examiners, has determined that for each year of the first five-year period
that the sections are in effect, there will be no fiscal implications for
local or state government as a result of enforcing or administering these
sections.
Dr. Zukowski has also determined that for each year of the first five years
the sections are in effect the administration and enforcement of these proposed
sections is expected to benefit the public by clarifying the status and transition
of current and succeeding programs of dental assistant registration.
There is no impact on large, small or micro-businesses.
There is no anticipated economic cost to persons as a result of enforcing
or administering these sections.
Comments on the proposal may be submitted to Dr. Jim Zukowski, Executive
Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, or by fax at (512) 463-7452. To be considered, all
written comments must be received by the Texas State Board of Dental Examiners
no later than 30 days from the date that these amended sections are published
in the
Texas Register
.
The amendments are proposed under Texas Government Code §2001.021
et seq., and Texas Occupations Code §254.001, which provides the Board
with the authority to adopt and enforce rules necessary for it to perform
its duties.
The proposed amendments affect Title 3, Subtitle D of the Occupations Code
and Title 22, Texas Administrative Code, Chapters 101 - 125.
§114.2.Registration of Dental Assistants.
(a)
Beginning
on
September 1, 2004, a dental assistant
may not position or expose dental x-rays unless the dental assistant holds
either
a certificate of registration issued by the State Board of Dental
Examiners under this section,
or was issued a certification
[
(b) - (c)
(No change.)
(d)
Subsequent to the initial registration period, a registered
dental assistant's annual renewal will occur on the first day of the month
that follows the last month of the dental assistant initial registration period.
(1)
(No change.)
(2)
A dental assistant registered under this section who wishes
to renew his or her registration must:
(A)
(No change.)
(B)
Submit proof that
the
applicant has successfully
completed a current course in basic life support; and,
(C)
Provide proof of completion of at least six (6) hours of
continuing education in the previous registration year.
(i)
The continuing education curriculum must cover
dental
assistant duties.
[
(ii)
The continuing education requirement may be met through
self-study, interactive computer courses, or lecture courses as offered or
endorsed by continuing education providers listed in §104.2 of this title.
[
[
(3)
(No change.)
(e) - (g)
(No change.)
§114.10.Radiologic Procedures.
(a)
Pursuant to S.B. 263, 78th Regular Session, former
§
[
(1)
Beginning September 1, 2004, a dental assistant may not
position or expose dental x-rays unless the dental assistant holds a certificate
of registration issued pursuant to
§
[
(2)
Notwithstanding the requirement of subsection (a)(1) of
this section, any dental assistant certified under this section (formerly
codified as
§
[
(3)
(No change.)
(b) - (i)
(No change.)
§114.11.Exemption.
(a)
(No change.)
(b)
A dental assistant performing radiological procedures under
this section in the course of on-the-job training may only do so for a period
of
one year
[
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 15, 2006.
TRD-200602680
Jim Zukowski, Ed.D.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 475-0972
22 TAC §115.1
The Texas State Board of Dental Examiners (Board) proposes
an amendment to §115.1(2), concerning the definition of "Irreversible"
and the prohibition on the intra oral use of any laser for any purpose by
a dental hygienist. The amendment is proposed to remove from the definition
of "Irreversible" the broad prohibition on the intra oral use of any type
of laser for any purpose by dental hygienists. The change would allow dental
hygienists to use laser based devices for non-therapeutic purposes such as
the gathering of readings or other information for supervising dentists to
use for diagnostic purposes. The amendment does not authorize the use of lasers
by dental hygienists for therapeutic purposes or any purpose that is otherwise
prohibited by law.
Dr. Jim Zukowski, Executive Director of the Texas State Board of Dental
Examiners, has determined that for each year of the first five-year period
the section is in effect, there will be no fiscal implications for local or
state government as a result of enforcing or administering the section.
Dr. Zukowski has also determined that for each year of the first five years
the section is in effect the administration and enforcement of the proposed
section is expected to benefit the public by enhancing the ability of dental
hygienists to support dentists in providing patient care.
There is no impact on large, small or micro-businesses.
There is no anticipated economic cost to persons as a result of enforcing
or administering the section.
Comments on the proposal may be submitted to Dr. Jim Zukowski, Executive
Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, or by fax at (512) 463-7452. To be considered, all
written comments must be received by the Texas State Board of Dental Examiners
no later than 30 days from the date that this amended section is published
in the
Texas Register
.
The amendment is proposed under Texas Government Code §2001.021
et seq., and Texas Occupations Code §254.001, which provides the Board
with the authority to adopt and enforce rules necessary for it to perform
its duties.
The proposed amendment affects Title 3, Subtitle D of the Occupations Code
and Title 22, Texas Administrative Code, Chapters 101 - 125.
§115.1.Definitions.
The following words and terms, when used in this section, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
(No change.)
(2)
Irreversible--an act that is "irreversible" is not capable
of being reversed or corrected. [
(3) - (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 May 9, 2006.
TRD-200602583
Jim Zukowski, Ed.D.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 475-0972
22 TAC §115.3
The Texas State Board of Dental Examiners (Board) proposes
an amendment to §115.3, concerning the institutional employment of dental
hygienists. The amendment is proposed to clarify the duties that may be performed
by a dental hygienist in an institutional setting. The amendment also clarifies
the process for approval of a location for the performance of dental hygiene
duties when the proposed location is not specifically authorized by the Dental
Practice Act.
Dr. Jim Zukowski, Executive Director of the Texas State Board of Dental
Examiners, has determined that for each year of the first five-year period
the section is in effect, there will be no fiscal implications for local or
state government as a result of enforcing or administering the section.
Dr. Zukowski has also determined that for each year of the first five years
the section is in effect the administration and enforcement of the proposed
section is expected to benefit the public by clarifying the duties that may
be performed by dental hygienists in an institutional setting.
There is no impact on large, small or micro-businesses.
There is no anticipated economic cost to persons as a result of enforcing
or administering the section.
Comments on the proposal may be submitted to Dr. Jim Zukowski, Executive
Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, or by fax at (512) 463-7452. To be considered, all
written comments must be received by the Texas State Board of Dental Examiners
no later than 30 days from the date that this amended section is published
in the
Texas Register
.
The amendment is proposed under Texas Government Code §2001.021
et seq., and Texas Occupations Code §254.001, which provides the Board
with the authority to adopt and enforce rules necessary for it to perform
its duties.
The proposed amendment affects Title 3, Subtitle D of the Occupations Code
and Title 22, Texas Administrative Code, Chapters 101 - 125.
§115.3.Institutional Employment.
(a)
(No change.)
(b)
A licensed hygienist may perform [
(c)
Locations for the performance of a dental procedure other
than those named in the Dental Practice Act must be approved by the
SBDE
by rule or written authorization
[
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 9, 2006.
TRD-200602587
Jim Zukowski, Ed.D.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 475-0972
22 TAC §116.5
The Texas State Board of Dental Examiners (Board) proposes
an amendment to §116.5, relating to dental laboratory requirements for
certified dental technicians. The amendment is proposed to require dental
laboratories to maintain employment records necessary to validate compliance
with the minimum requirements of §116.5 for two years.
Dr. Jim Zukowski, Executive Director of the Texas State Board of Dental
Examiners, has determined that for each year of the first five-year period
the section is in effect, there will be no fiscal implications for local or
state government as a result of enforcing or administering the section.
Dr. Zukowski has also determined that for each year of the first five years
the section is in effect the administration and enforcement of the proposed
section is expected to benefit the public by ensuring that the minimum employment
requirements for certified dental technicians working at dental laboratories
can be verified through maintained employment records.
There is no impact on large, small or micro-businesses.
There is no anticipated economic cost to persons as a result of enforcing
or administering the section.
Comments on the proposal may be submitted to Dr. Jim Zukowski, Executive
Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, or by fax at (512) 463-7452. To be considered, all
written comments must be received by the Texas State Board of Dental Examiners
no later than 30 days from the date that this amended section is published
in the
Texas Register
.
The amendment is proposed under Texas Government Code §2001.021
et seq., and Texas Occupations Code §254.001, which provides the Board
with the authority to adopt and enforce rules necessary for it to perform
its duties.
The proposed amendment affects Title 3, Subtitle D of the Occupations Code
and Title 22, Texas Administrative Code, Chapters 101 - 125.
§116.5.Certified Dental Technician Required.
(a) - (d)
(No change.)
(e)
The owner of the dental laboratory
shall maintain employment records validating compliance with this section
for a period of not less than two years.
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 15, 2006.
TRD-200602679
Jim Zukowski, Ed.D.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 475-0972
Chapter 810.
COUNCIL ON SEX OFFENDER TREATMENT
The Council on Sex Offender Treatment (Council) proposes the repeal
of §§810.1 - 810.5, 810.7 - 810.9, 810.31 - 810.34, 810.61 - 810.67,
810.91, 810.92, 810.122, 810.151 - 810.153, 810.182, 810.183, 810.211, 810.241,
810.242, 810.271, and 810.272; and new §§810.1 - 810.5, 810.8, 810.9,
810.31 - 810.34, 810.61 - 810.68, 810.91, 810.92, 810.122, 810.151 - 810.153,
810.182, 810.183, 810.211, 810.241, 810.242, 810.271, and 810.272, concerning
the licensing of sex offender treatment providers and the civil commitment
of sexually violent predators.
BACKGROUND AND PURPOSE
The new sections are due to the statutory changes made during the 79th
Texas Legislative Session, 2005, by the passage of House Bill (HB) 2036, codified
in Occupations Code, Chapter 110. House Bill 2036 creates a protected practice
of sex offender treatment providers which mandates that all such providers
be licensed by the Council on Sex Offender Treatment. The legislation requires
that the Council by rule set licensure requirements and standards for those
individuals who provide sex offender treatment in this state. House Bill 2036
also provides the Council with additional enforcement tools, as well as, directs
the Council to conduct a pilot program involving dynamic risk assessment and
to report it's findings to the Governor.
SECTION BY SECTION SUMMARY
New §§810.1 - 810.5, 810.8, 810.9, 810.31 - 810.34, 810.61 -
810.68, 810.91, 810.92, 810.122, 810.151 - 810.153, 810.182, 810.183, 810.211,
810.241, 810.242, 810.271, and 810.272 provides clarification to the rules
and statutory changes. New §810.1 provides for clarification of the original
purpose and mission of the Council. New §810.2 adds new definitions and
clarifies other definitions. New §810.3 adds one new licensing tier and
deletes duplicate information. New §810.4 provides clarification to continuing
education hours and adds ethics hours for renewals. New §810.5 provides
a licensing fee in accordance with the tiered structure. New §810.8 provides
the criteria the council will use in revoking, denial, or non-renewal of a
license and evaluating criminal convictions for licensing purposes. New §810.9
provides clarification regarding complaints, disciplinary actions, and administrative
hearings and the timeframe in processing a complaint.
New §810.31 provides that the Council shall obtain a criminal history
record as part of the application process. New §810.32 relates to records
held by the Council and changes the term "registrant" to "licensee". New §810.33
provides for the destruction of adjudication information by the Council and
changes the term "registrant" to "licensee". New §810.34 clarifies the
frequency of a performing a criminal background checks.
New §810.61 provides clarification to the state standards. New §810.62
provides clarification of the professional obligations required by licensees.
New §810.63 provides clarification of the professional and legal obligations
required by licensee in the assessment of a sex offender or juvenile with
sexual behavior problems. New 810.64 provides clarification of the professional
and legal obligations required by licensees in the assessment and treatment
of adult sex offenders. New §810.65 provides clarification of the professional
and legal obligations required by licensee in the assessment of juveniles
with sexual behavior problems. New §810.66 provides clarification of
the professional and legal obligations required by licensee regarding female
sex offenders. New §810.67 provides clarification of the professional
and legal obligations required by licensee regarding the assessment and treatment
of developmentally delayed clients. New §810.68 shall subscribe and adhere
to various tenets as they relate to pertinent issues to be addressed in treatment.
New §810.91 provides licensees with general guidance regarding their
ethical obligations. New §810.92 provides enforcement of the ethical
obligations of all licensees.
New §810.122 provides for various definitional changes involving the
civil commitment program.
New §810.151 provides the Council with authority to employ program
specialists to assist in the civil commitment program.
New §810.152 provides that a program specialist and/or case manager
may be a recipient of information from the council relating to a sexually
violent predator (SVP). New §810.153 provides clarification regarding
services provided to the SVP.
New §810.182 provides that a program specialist and/or case manager
may perform duties relating to the outpatient treatment and supervision program.
New §810.183 relates to the services provided by treatment providers
and changes the term evaluations to assessments.
New §810.211 provides that a program specialist and/or case manager
shall provide a report regarding the SVP's compliance.
New §810.241 and §810.242 provides for the program specialist
and/or case manager to authorize release and provide written notice to the
SVP.
New §810.271 clarifies that the council shall provide all relevant
information to the program specialist and/or case manager. New §810.272
provides that duties and responsibilities of the Council under the Civil Commitment
Act are suspended upon a person's confinement or commitment to a community
center, mental health facility, or state school, by governmental action.
FISCAL NOTE
Allison Taylor, Executive Director, Council on Sex Offender Treatment,
has determined that for each calendar year of the first-five years the sections
will be in effect, there will be fiscal implications to the state as a result
of enforcing or administering the sections proposed. The effect on state government
will be an increase in revenue to the state of $26,100 the first calendar
year as a result of collecting initial licensure fees set at $300. It is estimated
that the small licensee population will increase by approximately 25% (approximately
87 license holders). There will be an increase in revenue of $17,400 during
the third and fifth calendar year as the 87 additional license holders will
renew licensure set at $200 every two years. This increase in revenue is an
estimate as there is no statistical data on the number of persons providing
sex offender treatment in Texas who are not currently listed on the Council's
registry.
Implementation of the proposed sections may result in fiscal implementations
for local and state governments. There may be fiscal implications for local
and state governmental entities who currently utilize persons who are not
previously registered. Those persons must now meet licensure requirements
authorized through HB 2036 unless the specified entity exempts its provider
from a specific licensing requirement. It is not possible to estimate how
many providers employed through local or state governmental entities are affected
or if the entity will choose to pay the licensing costs for the person. An
affected person must meet the current licensure requirements (including possible
additional education), pay a $300 initial licensure fee, meet continuing education
requirements, and pay a $200 biennial renewal fee.
SMALL AND MICRO-BUSINESS IMPACT ANALYSIS
Ms. Taylor has also determined that there may be an effect on small businesses
or micro-businesses that are required to comply with the sections as proposed.
This was determined by interpretation of the rules that small businesses and
micro-businesses may be required to alter their business practices in order
to comply with the sections. There is no anticipated negative impact on local
employment. There are anticipated economic costs to individuals who are required
to comply with the sections as proposed. The initial application cost to an
individual is $300 for the biennium plus an additional $39 charge for the
Department of Public Safety criminal history check and thereafter a $200 biennial
licensing renewal cost.
PUBLIC BENEFIT
In addition, Ms. Taylor has also determined that for each year of the first
five years the sections are in effect, the public will benefit from the adoption
of the sections. The public benefit anticipated as a result of enforcing or
administering the sections is to ensure and enhance public safety.
PUBLIC COMMENT
Comments on the proposal may be submitted to Lupe Ruedas, Council on Sex
Offender Treatment, 1100 West 49th Street, Austin, Texas 78756, fax (512)
834-4511, or email to Lupe.Ruedas@dshs.state.tx.us. Comments will be accepted
for 30 days following publication of the proposal in the
Texas Register
.
PUBLIC HEARING
A public hearing to receive comments on the proposal will be scheduled
after publication of the proposed rules in the
Texas
Register
. For additional information, please contact Lupe Ruedas at
(512) 834-4530.
Subchapter A. SEX OFFENDER TREATMENT PROVIDER REGISTRY
22 TAC §§810.1 - 810.5, 810.7 - 810.9
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Council on Sex Offender Treatment or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The proposed repeals are authorized by Occupations Code, §110.158,
which requires the council to adopt rules consistent with this chapter and §110.159,
which requires the council to charge fees for issuing or renewing a license.
The proposed repeals affect Occupations Code, Chapter 110.
§810.1.Introduction.
§810.2.Definitions.
§810.3.Registry Criteria.
§810.4.Registry Renewal.
§810.5.Fees.
§810.7.Documentation of Experience and Training.
§810.8.Revocation, Denial or Non-Renewal of Registration.
§810.9.Complaints, Disciplinary Actions, Administrative Hearings and Judicial Review.
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 15, 2006.
TRD-200602708
Walter J. Meyer, M.D.
Chair
Council on Sex Offender Treatment
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §§810.31 - 810.34
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Council on Sex Offender Treatment or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The proposed repeals are authorized by Occupations Code, §110.158
which requires the council to adopt rules consistent with this chapter and §110.159
which requires the council to charge fees for issuing or renewing a license.
The proposed repeals affect Occupations Code, Chapter 110.
§810.31.Access to Criminal History Records.
§810.32.Records.
§810.33.Destruction of Criminal History Records.
§810.34.Frequency of Criminal Background Check.
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 15, 2006.
TRD-200602710
Walter J. Meyer, M.D.
Chair
Council on Sex Offender Treatment
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §§810.61 - 810.67
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Council on Sex Offender Treatment or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The proposed repeals are authorized by Occupations Code, §110.158
which requires the council to adopt rules consistent with this chapter and §110.159
which requires the council to charge fees for issuing or renewing a license.
The proposed repeals affect Occupations Code, Chapter 110.
§810.61.Introduction to Standards of Practice.
§810.62.Council Assertions.
§810.63.Assessment/Evaluation Concerns.
§810.64.Juveniles with Sexual Behavior Problems.
§810.65.Adult Female Sex Offenders.
§810.66.Developmentally Delayed Clients.
§810.67.Pertinent Issues to Be Addressed in Treatment (Adults and Juveniles).
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 15, 2006.
TRD-200602712
Walter J. Meyer, M.D.
Chair
Council on Sex Offender Treatment
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §810.91, §810.92
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Council on Sex Offender Treatment or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The proposed repeals are authorized by Occupations Code, §110.158,
which requires the council to adopt rules consistent with this chapter and §110.159,
which requires the council to charge fees for issuing or renewing a license.
The proposed repeals affect Occupations Code, Chapter 110.
§810.91.General.
§810.92.Code of Ethics.
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 15, 2006.
TRD-200602714
Walter J. Meyer, M.D.
Chair
Council on Sex Offender Treatment
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §810.122
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Council on Sex Offender Treatment or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The proposed repeal is authorized by Occupations Code, §110.158, which
requires the council to adopt rules consistent with this chapter and §110.159,
which requires the council to charge fees for issuing or renewing a license.
The proposed repeal affects Occupations Code, Chapter 110.
§810.122.Definitions.
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 15, 2006.
TRD-200602716
Walter J. Meyer, M.D.
Chair
Council on Sex Offender Treatment
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §§810.151 - 810.153
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Council on Sex Offender Treatment or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The proposed repeals are authorized by Occupations Code, §110.158,
which requires the council to adopt rules consistent with this chapter and §110.159,
which requires the council to charge fees for issuing or renewing a license.
The proposed repeals affect Occupations Code, Chapter 110.
§810.151.Administration of the Act.
§810.152.Civil Commitment of Sexually Violent Predators.
§810.153.Outpatient Treatment and Supervision Program.
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 15, 2006.
TRD-200602718
Walter J. Meyer, M.D.
Chair
Council on Sex Offender Treatment
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §810.182, §810.183
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Council on Sex Offender Treatment or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The proposed repeals are authorized by Occupations Code, §110.158,
which requires the council to adopt rules consistent with this chapter and §110.159,
which requires the council to charge fees for issuing or renewing a license.
The proposed repeals affect Occupations Code, Chapter 110.
§810.182.Civil Commitment Case Manager.
§810.183.Civil Commitment Treatment Provider.
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 15, 2006.
TRD-200602720
Walter J. Meyer, M.D.
Chair
Council on Sex Offender Treatment
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §810.211
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Council on Sex Offender Treatment or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The proposed repeal is authorized by Occupations Code, §110.158, which
requires the council to adopt rules consistent with this chapter and §110.159,
which requires the council to charge fees for issuing or renewing a license.
The proposed repeal affects Occupations Code, Chapter 110.
§810.211.Biennial Examination.
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 15, 2006.
TRD-200602722
Walter J. Meyer, M.D.
Chair
Council on Sex Offender Treatment
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §810.241, §810.242
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Council on Sex Offender Treatment or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The proposed repeals are authorized by Occupations Code, §110.158,
which requires the council to adopt rules consistent with this chapter and §110.159,
which requires the council to charge fees for issuing or renewing a license.
The proposed repeals affect Occupations Code, Chapter 110.
§810.241.Authorized Petition for Release.
§810.242.Unauthorized Petition for Release.
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 15, 2006.
TRD-200602724
Walter J. Meyer, M.D.
Chair
Council on Sex Offender Treatment
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §810.271, §810.272
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Council on Sex Offender Treatment or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The proposed repeals are authorized by Occupations Code, §110.158,
which requires the council to adopt rules consistent with this chapter and §110.159,
which requires the council to charge fees for issuing or renewing a license.
The proposed repeals affect Occupations Code, Chapter 110.
§810.271.Release and Exchange of Information.
§810.272.Effect of Certain Subsequent Convictions, Judgments, or Verdicts on the Order of Commitment.
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 15, 2006.
TRD-200602726
Walter J. Meyer, M.D.
Chair
Council on Sex Offender Treatment
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §§810.1 - 810.5, 810.8, 810.9
STATUTORY AUTHORITY
The proposed new sections are authorized by Occupations Code, §110.158,
which requires the council to adopt rules consistent with this chapter and §110.159,
which requires the council to charge fees for issuing or renewing a license.
The proposed new sections affect Occupations Code, Chapter 110.
§810.1.Introduction.
(a)
Purpose. The provisions of this chapter govern the procedures
relating to the licensing of individuals who assess and treat adult sex offenders
and juveniles with sexual behavior problems in the State of Texas.
(b)
Construction. These sections cover definitions, licensing
criteria for application, fees, continuing education, complaints, general
procedures, standards of practice, and policies of the Council on Sex Offender
Treatment.
(c)
History. The Council on Sex Offender Treatment (council)
was created by the 68th Legislature (Senate Bill 84) in 1983 under the name
of the Interagency Council on Sex Offender Treatment and its' Act is codified
in Occupations Code, Chapter 110. The council was designed to coordinate effective
assessment and treatment strategies to reduce recidivism of sex offenders
and to enhance public safety.
§810.2.Definitions.
(a)
General Definitions.
(1)
ATSA--The Association for the Treatment of Sexual Abusers.
(2)
Act--Texas Occupations Code, Chapter 110, relating to the
Council on Sex Offender Treatment.
(3)
Biennium--Every 2 years.
(4)
Case Management--The coordination and implementation of
activities directed toward supervising, treating, and managing the adult sex
offender or juvenile with sexual behavioral problems.
(5)
Client(s)--Used interchangeably with adult sex offenders
and juveniles with sexual behavior problems.
(6)
Council--The Council on Sex Offender Treatment.
(7)
Custodian--The adult who is responsible for an adult or
child.
(8)
Fiscal Year--September 1 through August 31.
(9)
Guardian--The person who, under court order, is the guardian
of the person of the adult or the child, or the public or private agency with
whom the adult or juvenile has been placed by a court.
(10)
HIPAA--Health Insurance Portability and Accountability
Act, Title 45, Code of Federal Regulations (CFR), Parts 160 and 164.
(11)
Juvenile Court--A court designated under the Family Code,
Title 3, Juvenile Justice Code, §51.04, to exercise jurisdiction over
the proceedings.
(12)
Licensee--A treatment provider licensed by the council
and who is recognized based on training and experience to provide assessment
and treatment to adult sex offenders and/or juveniles with sexual behavioral
problems who have been convicted, adjudicated, deferred, or referred by a
State agency or court.
(13)
Mental Health or Medical License--A person licensed in
Texas to practice as a physician, psychiatrist, psychologist, psychological
associate, provisionally licensed psychologist, licensed professional counselor,
licensed professional counselor intern, licensed marriage and family therapist,
licensed marriage and family associate, licensed clinical social worker, licensed
master clinical social worker under a TSBSWE's approved clinical supervision
plan, or advanced nurse practitioner recognized as a psychiatric clinical
nurse specialist or psychiatric mental health nurse practitioner, and who
provides mental health or medical services for the treatment of sex offenders
and/or juveniles with sexual behavior problems.
(14)
Reportable Conviction or Adjudication--A conviction or
adjudication, regardless of the pendency of an appeal.
(15)
TSBSWE--The Texas State Board of Social Work Examiners.
(b)
Treatment Definitions.
(1)
Ability to Give Consent--as stated in §1.07, Texas
Penal Code, "assent in fact whether expressed or not", and as recognized under
Family Code, §§2.102, 2.103.
(2)
Accountability--Accurate attributions of responsibility,
without distortion, minimization, or denial.
(3)
Adaptive Behavior--The effectiveness with which a person
meets the standards of personal independence and social responsibility reasonably
expected of the person's age, sex, and cultural group (Health and Safety Code,
Chapter 614).
(4)
Aversive Conditioning for Deviant Arousal--Behavioral techniques
that involve pairing deviant sexual arousal with a noxious stimulus in order
to modify deviant sexual arousal.
(5)
Clarification--The process designed for the primary benefit
of the victim, by which the adult sex offender or juvenile with sexual behavior
problems clarifies that the responsibility for the assault/abuse resides with
the adult offender or juvenile and addresses the harm done to the victim and
the family.
(6)
Containment Approach--A method of case management and treatment
that seeks to hold adult sex offenders and juveniles with sexual behavioral
problems accountable through the combined use of both internal and external
control measures. A containment approach requires a philosophy that values
public safety, victim protection, and reparation for victims as the paramount
objective and the integration of a collection of attitudes, expectations,
laws, policies, procedures, and practices.
(7)
Containment Model--The communication, cooperation, coordination,
and exchange of information between, district attorneys, judges, community
supervision officers, parole officers, case managers, child protective service
workers, mental health case workers, law enforcement, polygraph examiners,
survivor's therapist, victim advocates, treatment providers, school officials
(if applicable), family members (if applicable), and other support persons
to enhance community protection.
(8)
Denial--The refusal to acknowledge in whole or in part
sexually deviant arousal, sexually deviant intent, and/or sexually deviant
behavior.
(9)
Deviant Sexual Arousal--A pattern of physiological sexual
responses to inappropriate fantasies, thoughts, objects, animals, and/or persons
that may or may not precede a sexual act.
(10)
Deviant Sexual Behavior--A sexual act that meets one or
more of the following criteria:
(A)
is with a person under the legal age of consent for sexual
contact;
(B)
is with a person who is unable to give consent;
(C)
is forced, causes physical harm, is coerced, uses intimidation
or deceit, or is paid for;
(D)
is harmful or degrading; or
(E)
is with an animal or fowl.
(11)
Developmental Disability--A severe and chronic disability
that is attributable to a mental or physical impairment or a combination of
physical and mental impairments, is manifested before age 22, is likely to
continue indefinitely, and results in substantial functional limitations in
three or more of the major life activities (Health and Safety Code, Chapter
614).
(12)
Dynamic Risk Factors--Risk factors that can change over
time and are important targets for treatment and supervision.
(13)
Empathy--The ability to identify and understand another
person's feelings, situation, or ideas.
(14)
Grooming--The process of desensitizing and manipulating
the victim(s) and/or others for the purpose of gaining an opportunity to commit
a sexually deviant act.
(15)
Inappropriate Sexual Behavior--Any sexual behavior outside
the norm for the age and development for that individual.
(16)
Juvenile with Sexual Behavior Problems--A person who:
(A)
is 10 years of age or older and under 17 years of age and
who has been adjudicated of committing a sex crime under the laws of a state,
the United States, or the Uniform Code of Military Justice; or
(B)
is 17 years of age or older and under 18 years of age and
who has been adjudicated of committing a sex crime under the laws of a state,
the United States, or the Uniform Code of Military Justice before becoming
17 years of age.
(17)
Mental Illness--An illness, disease, or condition, other
than epilepsy, senility, alcoholism, or mental deficiency, that substantially
impairs a person's thoughts, perception of reality, emotional processes, or
judgment, or grossly impairs behavior as demonstrated by recent disturbed
behavior (Health and Safety Code, Chapter 571).
(18)
Mental Retardation--A significantly sub-average general
intellectual functioning that is concurrent with deficits in adaptive behavior
and originates during the developmental period (Health and Safety Code, §591.003).
(19)
Offense Cycle--The specific sequence(s) of thoughts, feelings,
behaviors, and events that occur before, during, or after a sexual offense
is committed.
(20)
Offense Specific Sex Offender Treatment--Treatment modalities
that have been proven to be effective based on empirical research and accepted
in the field of sex offender treatment. Offense specific treatment means a
long-term comprehensive set of planned treatment experiences and interventions
that modify sexually deviant thoughts, fantasies, and behaviors and that utilize
specific strategies to promote change and to reduce the chance of re-offending.
The primary treatment modality is cognitive behavioral group treatment.
(21)
Penile Plethysmograph (PPG)--A diagnostic method to assess
sexual arousal by measuring the blood flow (tumescence) to the penis during
the presentation of sexual stimuli in a controlled setting by providing the
identification of a clients' physiological arousal in response to sexual stimuli
(audio/visual).
(22)
Polygraph (Clinical) Examination--The employment of any
instrumentation complying with the required minimum standards of the Texas
Polygraph Examiner's Act and used for the purpose of measuring the physiological
changes associated with deception. The following are descriptions of the four
types of polygraphs utilized:
(A)
Instant Sexual Offense Polygraph--addresses the offense
of conviction in conjunction with the official version;
(B)
Sexual History Polygraph--addresses the complete sexual
history of the client up to the instant offense;
(C)
Maintenance Polygraph--addresses compliance with conditions
of supervision and treatment; and
(D)
Monitoring Polygraph--addresses whether the client has
committed>
(23)
Polygraph Examiner--A person with a current license approved
by the Texas Polygraph Examiners Board and who meets minimum criteria to be
listed by the Joint Polygraph Committee on Offender Testing (JPCOT) for polygraphing
adult sex offenders and juveniles with sexual behavior problems.
(24)
Secondary Victims--Relatives or other persons closely
involved with the primary victim and client who are severely impacted emotionally
or physically by the trauma suffered by the victim.
(25)
Sex Offender--A person who:
(A)
is or has been convicted or adjudicated of a sex crime
under the laws of the State of Texas, any other state or territory, or under
federal law, including a conviction of a sex crime under the Uniform Code
of Military Justice;
(B)
is or has been awarded deferred adjudication for a sex
crime under the laws of the State of Texas, any other state or territory,
or under federal law; or
(C)
is or has been convicted, adjudicated, or received deferred
adjudication for a sexually motivated offense which involved the intent to
arouse or gratify the sexual desire of any person immediately before, during,
or immediately after the commission of an offense.
(26)
Static Risk Factors--Risk factors that are unlikely to
change over time.
(27)
Sub-Average General Intellectual Functioning--The measured
intelligence on standardized psychometric instruments of two or more standard
deviations below the age-group mean for the tests used (Health and Safety
Code, §591.003).
(28)
Successful Completion of Treatment--Includes but is not
limited to admitting and accepting responsibility for all crimes, demonstrating
the ability to control deviant sexual arousal, understanding sexual offense
cycle, increase in pro-social behaviors, increase in appropriate support systems,
improved social competency, compliance with supervision, compliance with court
conditions, increased understanding of victimization, no deception indicated
on exit polygraphs, completing and passing the sex history polygraph, approved
safety plans, approved relapse prevention plan, successful completion of adjunct
treatments (for example: anger management, substance abuse, etc.), and the
demonstrated integration and practical application of the skills presented
in treatment. Each of these issues regarding successful completion of treatment
shall be addressed unless precluded by §810.64 of this title (relating
to Juveniles with Sexual Behavior Problems), §810.66 of this title (relating
to Developmentally Delayed Clients), or unless a state agency is exempt from
a specific licensing requirement related to assessment tools (i.e. polygraphs,
penile plethysmographs, or visual reaction time). The Licensed Sex Offender
Treatment Provider after collaborating with appropriate criminal/juvenile
justice personnel determines the successful completion of treatment.
(29)
Visual Reaction Time (VRT)--The measurement of sexual
interest based on the relative amount of time spent looking at visual stimuli.
§810.3.License Required.
A person shall not provide sex offender treatment or act as a sex offender
treatment provider unless the person is licensed by the council. A person
may not claim to be a sex offender treatment provider or use the title or
an abbreviation that implies the person is a sex offender treatment provider
unless the person is licensed under this chapter. The council shall maintain
a list of licensees who meet the council's licensure criteria to assess and
treat adult sex offenders and/or juveniles with sexual behavior problems.
The council shall recognize the experience and training of treatment providers
in the following licensure categories: "Licensed Sex Offender Treatment Provider",
"Affiliate Sex Offender Treatment Provider", or "Provisional Sex Offender
Treatment Provider".
(1)
Licensed Sex Offender Treatment Provider (LSOTP). To be
eligible as a LSOTP, the applicant shall meet all of the following criteria:
(A)
licensed in Texas to practice as a physician, psychiatrist,
psychologist, licensed professional counselor, licensed marriage and family
therapist, licensed clinical social worker, or advanced nurse practitioner
recognized as a psychiatric clinical nurse specialist or psychiatric mental
health nurse practitioner who provides services for the assessment and treatment
of adult sex offenders and/or juveniles with sexual behavior problems. The
mental health or medical license status shall be current and active:
(B)
experience and training required as listed in clauses (i)
- (ii) of this subparagraph:
(i)
possess a minimum of 1000 documented and verified hours
of clinical experience in the areas of assessment and treatment of sex offenders,
obtained within a consecutive 7-year period, and provide 1 reference letter
from a licensed sex offender treatment provider or mental health professional
who has actual knowledge of the applicant's clinical work in sex offender
assessment and treatment; and
(ii)
possess a minimum of 40 hours of documented continuing
education training obtained within 3 years prior to the application date,
in the specific area of sex offender assessment and treatment. Of the initial
40 hours training required, 30 hours shall be in the specific area of sex
offender assessment and treatment. Ten hours shall be in sexual assault survivor/victim
related training;
(C)
submit a complete and accurate description of the applicant's
treatment program on a form provided by the council;
(D)
persons making initial application or renewing their eligibility
for licensure shall adhere to Subchapter C. Standards of Practice and Subchapter
D. Code of Professional Ethics to the extent the adherence does not conflict
with other laws and shall comply with the following requirements:
(i)
not have been convicted and/or adjudicated of any felony,
or of any misdemeanor involving a sex offense or sexually motivated offense,
nor have received deferred adjudication for a sex offense, and/or required
to register as a sex offender under Texas Code of Criminal Procedure, Chapter
62;
(ii)
not have had licensure revoked or canceled by any professional
licensing body;
(iii)
submit to a criminal history background check. An applicant
shall be required to submit a complete set of fingerprints on the card provided
by the Council with the application documents, or other information necessary
to conduct a criminal history background check to be submitted to the Texas
Department of Public Safety or to another law enforcement agency. Fingerprints
shall be taken by a peace officer or a person authorized by the council and
shall be placed on a form prescribed by the Texas Department of Public Safety;
and
(iv)
not have violated the Act or any rule adopted by the council;
(E)
submit an application fee as defined in §810.5 of
this title (relating to Fees);
(F)
submit a copy of his or her mental health or medical license,
as set out in subparagraph (A) of this paragraph, and indicated that the applicant's
license is current and in good standing;
(G)
sign the application form(s) and attest to the accuracy
of the application information; and
(H)
complete the process within 90 days of the application's
receipt in the council office.
(2)
Affiliate Sex Offender Treatment Provider (ASOTP). To be
eligible as a licensed ASOTP, the applicant shall meet all of the following
criteria:
(A)
licensed in Texas to practice as a physician, psychiatrist,
psychologist, psychological associate, provisionally licensed psychologist,
licensed professional counselor, licensed professional counselor intern, licensed
marriage and family therapist, licensed marriage and family associate, licensed
clinical social worker, licensed master clinical social worker under a TSBSWE's
approved clinical supervision plan , or an advanced nurse practitioner recognized
as a psychiatric clinical nurse specialist or psychiatric mental health nurse
practitioner who provides services for the assessment and treatment of adult
sex offenders and/or juveniles with sexual behavior problems. The mental or
medical health license status shall be current and active;
(B)
experience and training required as listed in clauses (i)
- (iii) of this subparagraph:
(i)
possess a minimum of 250 documented and verified hours
of clinical experience in the areas of assessment and treatment of sex offenders
and/or juveniles with sexual behavior problems, provide 1 reference letter
from a licensed sex offender treatment provider or mental health professional
who has actual knowledge of the applicant's clinical work in sex offender
assessment and treatment;
(ii)
be supervised by a LSOTP in accordance with paragraph
(6)(A) - (D) of this section until LSOTP status is obtained and submit a copy
of the LSOTP supervisor's license indicating that the applicant is current
and in good standing; and
(iii)
possess a minimum of 40 hours of documented continuing
education training obtained within 3 years prior to application date, in the
specific area of sex offender assessment and treatment. Of the initial 40
hours training required, 30 hours shall be in sex offender specific training.
Ten hours shall be in sexual assault survivor/victim related training;
(C)
submit a complete and accurate description of the applicant's
treatment program on a form provided by the council;
(D)
comply with paragraph (1)(D)(i) - (iv) of this section;
(E)
persons making initial application or renewing their eligibility
for licensure shall adhere to Subchapter C. Standards of Practice and Subchapter
D. Code of Professional Ethics to the extent the adherence does not conflict
with other laws;
(F)
submit an application fee as defined in §810.5 of
this title;
(G)
submit a copy of the applicant's medical or mental health
license as set out in subparagraph (A) of this paragraph, indicating the applicant
is current and in good standing;
(H)
sign the application form(s) and attest to the accuracy
of the application information; and
(I)
complete the process within 90 days of the application's
receipt in the council office.
(J)
After completing the required documented clinical and continuing
education hours, the ASOTP will be upgraded to a LSOTP.
(3)
Provisional Sex Offender Treatment Provider (PSOTP). To
be eligible as a licensed PSOTP, the applicant shall meet all of the following
criteria:
(A)
licensed in Texas to practice as a physician, psychiatrist,
psychologist, psychological associate, provisionally licensed psychologist,
licensed professional counselor, licensed professional counselor intern, licensed
marriage and family therapist, licensed marriage and family associate, licensed
clinical social worker, licensed master clinical social worker under a TSBSWE's
approved clinical supervision plan, or an advanced nurse practitioner recognized
as a psychiatric clinical nurse specialist or psychiatric mental health nurse
practitioner who provides services for the assessment and treatment of adult
sex offenders and/or juveniles with sexual behavior problems. The mental or
medical health license status shall be current and active;
(B)
experience and training required as listed in clauses (i)
- (iii) of this subparagraph:
(i)
possess up to 1000 documented and verified hours of clinical
experience in the areas of assessment and treatment of sex offenders, obtained
within a consecutive 7-year period, and provide 1 reference letter from a
licensed sex offender treatment provider or mental health professional who
has actual knowledge of the applicant's clinical work in sex offender assessment
and treatment;
(ii)
supervised by a LSOTP in accordance with paragraph (6)(A)
- (D) of this section until LSOTP status is obtained and submit a copy of
the LSOTP supervisor's license, and indicated that the applicant is current
and in good standing. A PSOTP applicant is exempt from supervision if the
applicant is only lacking the CE requirements necessary to become a LSOTP;
and
(iii)
possess a minimum of 40 hours of documented continuing
education training obtained within 24 months of the date of application, in
the specific area of sex offender assessment and treatment. Of the initial
40 hours training required, 30 hours shall be in sex offender specific training.
Ten hours shall be in sexual assault survivor/victim related training;
(C)
submit a complete and accurate description of the applicant's
treatment program on a form provided by the council;
(D)
comply with paragraph (1)(D)(i) - (iv) of this section;
(E)
persons making initial application or renewing their eligibility
for licensure shall adhere to Subchapter C. Standards of Practice and adhere
to Subchapter D. Code of Professional Ethics to the extent the adherence does
not conflict with other laws;
(F)
submit an application fee defined in §810.5 of this
title;
(G)
submit a copy of the applicant's medical or mental health
license as set out in subparagraph (A) of this paragraph, indicating the applicant
is current and in good standing;
(H)
sign the application form(s) and attest to the accuracy
of the application information; and
(I)
complete the process within 90 days of the application's
receipt in the council office.
(J)
After completing the required documented clinical and continuing
education hours, the PSOTP will be upgraded to the LSOTP or ASOTP license
based on the number of completed hours.
(4)
Licensing Out-of-State Applicants. The council may waive
any prerequisite to licensing for an application after receiving the applicant's
credentials and determining that the applicant holds a valid sex offender
treatment license from another state that has license requirements substantially
equivalent to those of this state.
(5)
Specialized Competencies. Licensed Sex Offender Treatment
Providers with specialized competencies in the assessment and treatment of
juveniles with sexual behavior problems, female sex offenders, and/or developmentally
delayed sex offenders may have those competencies documented by the Council,
provided the following criteria is met:
(A)
possess at least 250 documented and verified hours experience
with each population in the assessment and treatment of juveniles with sexual
behavior problems, female sex offenders, and/or developmentally delayed sex
offenders; these hours may be part of the original training and experience
hours required for the new application and original CE requirements up to
7 years prior;
(B)
possess a minimum of 24 hours of documented continuing
education training with each population in the assessment and treatment of
juveniles with sexual behavior problems, female sex offenders, and/or developmentally
delayed sex offenders; these hours may be part of the original training and
experience hours required for the original certification;
(C)
possess a minimum of 3 hours of documented continuing education
training with each population in the assessment and treatment of juveniles
with sexual behavior problems, female sex offenders, and/or developmentally
delayed sex offenders for renewal of the specialized competencies; and
(D)
pay a biennial fee for each specialty as defined in §810.5(e)
of this title.
(6)
Supervision. All ASOTPs and PSOTPs providing sex offender
assessment and treatment shall be supervised unless exempt under subparagraph(B)(ii)
of this paragraph. Supervision will include the following:
(A)
An ASOTP and PSOTP providing sex offender assessment and
treatment is required to be under the supervision of a LSOTP supervisor approved
by the Council unless exempt under subparagraph(B)(ii) of this paragraph.
The ASOTP and PSOTP shall provide a copy of supervision documentation to the
council during the renewal period unless exempt under subparagraph(B)(ii)
of this paragraph.
(B)
An LSOTP that has not been a supervisor approved by the
Council prior to the effective date of this rule shall meet the following
criteria:
(i)
possess 5 years experience as a RSOTP, or 5 years documented
experience in the field of sex offender assessment and treatment, and/or an
approved supervisor with another mental health license who has documented
experience in the field of sex offender assessment and treatment;
(ii)
sign and acknowledge the LSOTP supervisor's responsibilities
form;
(iii)
submit a biennial fee as defined in §810.5(f) of
this title; and
(iv)
obtain 3 hours documented continuing education in the
supervision of sex offender treatment providers or in general supervision
of other mental health professionals every 4 years; and
(C)
An ASOTP and PSOTP shall receive face-to-face supervision
at least 1 hour per 20 hours of assessment and treatment with a minimum of
2 hours per month during any time period in which the supervisee provides
sex offender treatment unless exempt under subparagraph (B)(ii) of this paragraph.
Exceptions to supervision requirements shall be approved on a case-by-case
basis by the council.
(D)
The supervising LSOTP shall submit the required documentation
to the council at the time of the renewal; the documentation shall contain
the name(s) of the ASOTP(s) and PSOTP(s) and hours that each has been supervised
during the renewal cycle. The supervising LSOTP shall be required to use the
form(s) provided by the council.
(7)
License Certificates. Upon completion of the application
or renewal process, licensees shall receive an official certificate and renewal
cards from the council. The certificate shall be displayed at all locations
where sex offender assessment and treatment is provided. As set forth in §810.5(g)
of this title, duplicate certificates may be obtained for a nominal fee.
(A)
The Council shall prepare and provide to each licensee
a certificate and initial and renewal cards, which contains the licensee's
name and certificate number.
(B)
A licensee shall not display a license certificate(s) or
renewal card(s) which have been reproduced or are expired, suspended, or revoked.
(C)
A license certificate(s) or renewal card(s) issued by the
council remains the property of the council and shall be surrendered to the
council upon demand.
(D)
The address and telephone number of the council shall be
displayed at all locations where sex offender assessment and treatment is
conducted and/or the licensee shall provide a copy to the client on initial
intake for the purpose of directing complaints against the licensee to the
council.
(8)
Application processing. The council shall comply with the
following procedures in processing applications for a license.
(A)
The following times shall apply from a completed application
receipt and acceptance date for filing, or until the date a written notice
is issued stating the application is deficient and additional specific information
is required. A written notice of application approval may be sent instead
of the notice of acceptance of a complete application. The times are as follows:
(i)
letter of acceptance of application for licensure--30 days;
(ii)
letter of acceptance of application for renewal--30 days;
and
(iii)
letter of initial application deficiency--30 days.
(B)
The following times shall apply from the receipt of the
last item necessary to complete the application until the date of issuance
of written notice approving or denying the application. The times for denial
include notification of the proposed decision and of the opportunity, if required,
to show compliance with the law and of the opportunity for a formal hearing.
The times are as follows:
(i)
approval of application--42 days; and
(ii)
letter of denial of licensure--90 days.
(9)
Refund processing. The council shall comply with the following
procedures in processing refunds of fees paid to the council. In the event
an application is not processed in the times stated in paragraph (8)(A) -
(B) of this section.
(A)
An applicant has the right to request reimbursement of
all fees paid in that particular application process. Application for reimbursement
shall be made to the executive director. If the executive director does not
agree that the time has been violated or finds that good cause existed for
exceeding the time, the request shall be denied.
(B)
Good cause for exceeding the time is considered to exist
if the number of applications for a license or renewal exceeds by 15% or more
the applications processed in the same calendar quarter of the preceding year;
another public or private entity relied upon by the council in the application
process caused the delay; or any other condition exists giving the council
good cause for exceeding the time.
(C)
If the executive director denies a request for reimbursement
under subparagraph (A) of this paragraph the applicant may appeal to the council
for a timely resolution of any dispute arising from a violation of the processing
times. The applicant shall give written notice to the council at the address
of the council that he or she requests full reimbursement of all fees paid
because his or her application was not processed within the applicable time.
The executive director shall submit a written report of the facts related
to the processing of the application and of any good cause for exceeding the
applicable time. The council shall provide written notice of the decision
to the applicant and the executive director. The council shall decide an appeal
in favor of the applicant, if the applicable time was exceeded and good cause
was not established. If the council decides the appeal in favor of the applicant,
full reimbursement of all fees paid in that particular application process
shall be made.
§810.4.License Renewal.
In order to maintain eligibility for the licensure as a sex offender
treatment provider, the mental health or medical license of each renewal shall
be current and active. All renewal applicants shall comply with the following:
(1)
Number of continuing education (CE) hours. All renewal
applicants shall acquire by the end of the 2-year cycle, a minimum of 24 hours
of documented continuing education. Six hours shall be in ethics and 18 shall
be in sex offender assessment and treatment of which 6 hours may be in sexual
assault victim-related training, beginning September, 2006.
(2)
All renewal applicants shall submit renewal forms provided
by the council and renewal fees defined in §810.5 of this title (relating
to Fees).
(3)
All licenses expire September 30, no matter the date of
initial license.
(4)
All renewal applications shall be postmarked by September
30 or a late fee shall be assessed.
(5)
To ensure approval of continuing education hours, licensees
should request pre-approval of hours from the council before attending continuing
educational training. Instructors or sponsoring bodies may request pre-approval
of hours from the council before conducting continuing education trainings.
Continuing education activities related to the assessment and treatment of
sex offenders or sexual assault victim related training shall be instructor-directed
activities such as conferences, symposia, seminars, and workshops.
(6)
Continuing education hours will be credited for approved,
didactic presentations within the context of a professional conference or
seminar. On the job training and field trips shall not be credited with continuing
education hours.
(7)
Licensees shall request pre-approval from the council for
all online courses and courses taken at an institution of higher learning.
(8)
All renewal applicants may count a maximum of 4 hours per
biennial renewal period for the presentation of continuing education training,
lectures, or courses in the specific area of sex offender assessment and treatment,
sexual assault issues and/or victim training.
(9)
A maximum of 3 hours may be carried over per renewal period
for sexual assault issues or sexual assault victim training hours.
(10)
Continuing education extension.
(A)
A licensee who has failed to complete the requirements
for continuing education may be granted a 90-day extension by the executive
director.
(B)
The request for an extension of the CE period shall be
made in writing and shall be postmarked prior to September 30.
(C)
If an extension is requested, a late fee equal to one-half
of the renewal fee stated in §810.5(b)(2)(B) of this title will be assessed.
(D)
If an extension is granted, the next CE period shall begin
the day after the CE requirement has been satisfied.
(E)
Credit earned during the extension period cannot be applied
toward the next CE period.
(F)
A person who fails to complete the CE requirements during
the extension period or who does not request an extension and holds an expired
license, shall not use the title of LSOTP, ASOTP, and PSOTP, practice as a
sex offender treatment provider, or provide sex offender treatment.
(11)
Completion of continuing education within the extension
period. A license shall be renewed upon completion of the required CE within
the given extension period, submission of the license form, and payment of
the applicable late renewal fee.
(12)
A person who fails to complete CE requirements for renewal
and failed to request an extension to the CE period may not renew the license.
The person may obtain a new license by complying with the current requirements
and procedures for obtaining a license.
§810.5.Fees.
(a)
New Applicant Fees. The council has established the following
license fees.
(1)
All new LSOTPs, ASOTPs, and PSOTPs applicants shall submit
a non-refundable $300 fee for a biennial application. Additional fees will
be charged for Federal Bureau of Investigations and Texas Department of Public
Safety criminal background checks. Fees shall be determined by those agencies
conducting the investigation.
(2)
All applicants shall comply with the following requirements:
(A)
return the completed, signed application form provided
by the council;
(B)
submit the license fee in the form of a check or money
order or if renewing online by credit card; and
(C)
submit within 90 calendar days of written notification
from the Council any documentation required.
(b)
Renewal Fees. Renewal forms and information shall be mailed
to each licensee at least 60 days prior to license expiration and mailed to
the licensee's last known address as reflected in the council's records.
(1)
All renewals shall include a nominal electronic renewal
fee if applicable, as established by the contracting agency. Renewal fees
are subject to the provisions in the Occupations Code, §110.307.
(2)
To renew, a LSOTP, ASOTP, or PSOTP shall include a non-refundable
$200 fee for a biennial renewal. All applicants shall comply with the following
requirements.
(A)
A person who is otherwise eligible to renew a license may
renew an unexpired license by paying the required license fee to the council
on or before the expiration date of the license.
(B)
If a license has been expired for 90 days or less, the
late renewal fee is equal to one and one-half times the required renewal fee.
(C)
If a license has been expired for longer than 90 days,
but less than one year, the reinstatement fee is equal to two times the required
renewal fee.
(D)
If a license has been expired for 1 year or longer, the
individual may obtain a new license by submitting and complying with the requirements
and procedures for obtaining an original license.
(c)
Effective January 1, 2004, for all new applications and
renewal applications, the council is required 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 the Texas Online.
(d)
Effective January 1, 2004, for all new applications and
renewal applications, the council is authorized to collect fees to fund the
Office of Patient Protection, Health Professions Council, as mandated by law.
(e)
Specialty Fees. Applicants that meet the specialized competency
criteria involving the treatment of juveniles with sexual behavior problems,
females, and/or developmentally delayed populations shall submit a non-refundable
$40 specialty fee for each biennial period.
(f)
Supervisor Fees. Licensees that meet the LSOTP supervisor
criteria and who seek to be designated as an approved LSOTP supervisor shall
submit a non-refundable $40 credentialing fee for each biennial period.
(g)
Duplicate Certificates. Licensees who request duplicate
certificates shall be charged a non-refundable $10 fee per certificate.
§810.8.Revocation, Denial or Non-Renewal of a License.
(a)
The council may revoke a license, deny an application for
licensure, and/or refuse to renew a license upon proof that the treatment
provider has:
(1)
been convicted or adjudicated of any felony, or a misdemeanor
involving a sexual offense or sexually motivated offense; has ever received
deferred adjudication for a sexual offense, or has been required to register
as a sex offender in this state under Texas Code of Criminal Procedure, Chapter
62, or under any other law;
(2)
been determined by the council to have engaged in deceit
or fraud in connection with the delivery of services, supervision, or documentation
of licensure requirements;
(3)
violated the Act or any rule adopted by the council;
(4)
been prohibited from renewal by the Education Code, §57.491
(relating to Loan Default Ground for Non-renewal of Professional or Occupational
License); or
(5)
been prohibited from renewal by a court order or attorney
general's order issued pursuant to the Family Code, Chapter 232 (relating
to Suspension of License for Failure to Pay Child Support or to Observe a
Child Custody Order).
(b)
The council may take action against a licensee or deny
an application or renewal in accordance with Occupations Code, Chapter 53,
if the licensee has felony or misdemeanor convictions that directly relate
to the duties and responsibilities of a sex offender treatment provider.
§810.9.Complaints, Disciplinary Actions, Administrative Hearings and Judicial Review.
(a)
Reporting a complaint. A person shall report an alleged
violation of the Act or this chapter by a licensee or non-licensee by notifying
the executive director. The initial notification shall be in writing and sent
by fax, U.S. Postal Service, or email to the council's office.
(b)
Review of complaint.
(1)
The executive director shall review the complaint for violations
of the Act or any rule adopted by the council.
(2)
If it is determined that a violation of the Act or these
sections may have occurred, the executive director or executive director's
designee shall:
(A)
notify the complainant in writing of receipt of the complaint;
(B)
notify the licensee in writing that a complaint has been
filed and provide a copy of the complaint; and
(C)
provide a copy of the complaint to the licensee's mental
health or medical licensing agency.
(c)
Responsibilities of licensee.
(1)
A licensee shall cooperate with the council by furnishing
all required documents or information and by responding to a request for information
or a subpoena issued by the council or its authorized representative.
(2)
A licensee shall comply with any order issued by the council
relating to the licensee. A licensee shall not interfere with a council investigation
by the willful misrepresentation of facts to the council or its authorized
representative or by the use of threats or harassment against any person.
(3)
The licensee shall be notified of the allegations in writing
by the executive director or designee and shall be required to provide a response
to the allegations within 20 calendar days of that notice.
(4)
Failure to respond to the allegation within the 20 day
period is evidence of licensee's failure to cooperate with the investigation
and may subject the licensee to disciplinary action.
(d)
Actions by the council. The council is authorized to revoke,
suspend, or deny a license, or to deny a renewal of a license, place on probation
a person whose license has been suspended, or reprimand a licensee for a violation
of the Act, or a rule of the council.
(e)
Probated Suspension. If the suspension is probated, the
council is authorized by Occupations Code, §110.352, to impose certain
requirements and limitations on a person.
(f)
Disciplinary action on the mental health or medical license.
If a licensee's mental health or medical license is revoked or suspended,
the council may propose to revoke a license issued under this chapter.
(g)
Complaint information. The council shall retain all complaints
filed with the council for 7 years from the date of closure. The information
shall include:
(1)
the date the complaint is received;
(2)
the name of the complainant;
(3)
the subject matter of the complaint;
(4)
a record of all witnesses contacted in relation to the
complaint;
(5)
a summary of the results of the review, investigation of
the complaint, and any action taken; and
(6)
for a complaint for which the Council took no action, an
explanation of the reason the complaint was closed without action.
(h)
Formal hearing.
(1)
The formal hearing shall be conducted according to the
provisions of the Texas Government Code, Chapter 2001, Administrative Procedure
Act and held in Travis County, Texas, unless otherwise determined by the Administrative
Law Judge (ALJ) or upon agreement of the parties.
(2)
Prior to institution of formal proceedings to revoke or
suspend a license, the executive director shall give written notice to the
licensee by certified mail, return receipt requested, of the facts or conduct
alleged to warrant revocation or suspension, and the person shall be given
the opportunity, as described in the notice, to show compliance with all requirements
of the Act and this chapter.
(3)
To initiate formal hearing procedures, the executive director
shall give the licensee written notice of the opportunity for hearing. The
notice shall state the basis for the proposed action. Within 20 calendar days
after receipt of the notice, the licensee shall give written notice to the
executive director that the licensee waives the hearing and either surrenders
the license, or accepts the proposed sanction, or requests an informal settlement
conference and/or a formal hearing. Receipt of the notice is deemed to occur
on the seventh calendar day after the notice is mailed to the licensee's last
reported address as reflected in the council's records unless another date
of receipt is reflected on a U.S. Postal Service return receipt.
(A)
If the licensee fails to request a hearing within the proscribed
period, the licensee is deemed to have waived the hearing and a default order
may be entered by the council.
(B)
If the licensee requests an informal settlement conference
and/or a formal hearing, within 20 calendar days after receiving the notice
of opportunity for hearing, the executive director shall initiate an informal
settlement conference and/or formal hearing procedures in accordance with
this section.
(i)
Final action.
(1)
If the council suspends a license, the suspension remains
in effect for the period of suspension ordered or until the executive director
or the council determines that the reasons for suspension no longer exist.
The licensee whose license has been suspended is responsible for securing
and providing to the executive director such evidence that the reasons for
the suspension no longer exist. The executive director or the council shall
investigate prior to making a determination.
(2)
During the time of suspension, the former licensee shall
return all license certificate(s) and renewal card(s) to the council.
(3)
If a suspension overlaps a renewal period, the former licensee
shall comply with the normal renewal procedures in these sections. The council
shall not renew the certificate until the executive director or the council
determines that the reasons for suspension have been removed.
(4)
A person whose application is denied or whose license certificate
is revoked is ineligible to apply for licensure under this Act for 1 year
from the date of the denial or revocation.
(5)
Upon revocation or non-renewal, the former licensee shall
return all certificate(s) and renewal card(s) issued to the licensee by the
council. The certificate(s) and renewal card(s) shall be returned to the council
by certified mail, hand-delivered, or by a delivery service, within 30 days
of request.
(j)
Appeal of a decision. A person may appeal a final decision
of the council by filing a petition for judicial review in the manner provided
by the Texas Government Code, §2001.176.
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 15, 2006.
TRD-200602709
Walter J. Meyer, M.D.
Chair
Council on Sex Offender Treatment
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §§810.31 - 810.34
STATUTORY AUTHORITY
The proposed new sections are authorized by Occupations Code, §110.158
which requires the council to adopt rules consistent with this chapter and §110.159
which requires the council to charge fees for issuing or renewing a license.
The proposed new sections affect Occupations Code, Chapter 110.
§810.31.Access to Criminal History Records.
The council is authorized to obtain information from the Texas Department
of Public Safety or the Federal Bureau of Investigation about a conviction
or deferred adjudication that relates to an applicant seeking licensure. The
council is authorized obtain a criminal history record from any law enforcement
agency. The criminal history record information received under this section
is for the exclusive use of the council and is privileged and confidential.
The criminal history record information shall not be released or otherwise
disclosed to any person or agency except on court order or with the written
consent of the applicant.
§810.32.Records.
All other records of the council that are not made confidential by
other law are open to inspection by the public during regular office hours.
The contents of the criminal background check on each licensee are not public
records and are confidential. Unless expressed in writing by the chairperson
of the council, the executive director and the executive director's designee
are the only staff authorized to have daily access to the criminal history
records. These records will be maintained in separate files and not in the
licensee files.
§810.33.Destruction of Criminal History Records.
The council shall destroy conviction/adjudication information relating
to a person after the council makes a decision on the eligibility of the applicant
unless the information was the basis for a proposed denial, revocation, suspension,
or refusal to renew a person's license. The council shall destroy the information
provided by the Texas Department of Public Safety, the Federal Bureau of Investigation
or any other law enforcement agency, and the submitted applicant's fingerprint
card. In the event that information is collected online, all files created
will be destroyed in the aforementioned timeframe.
§810.34.Frequency of Criminal Background Check.
The council shall conduct a criminal background check on each new applicant,
randomly at the time of renewal, and as deemed necessary.
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 15, 2006.
TRD-200602711
Walter J. Meyer, M.D.
Chair
Council on Sex Offender Treatment
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §§810.61 - 810.68
STATUTORY AUTHORITY
The proposed new sections are authorized by Occupations Code, §110.158
which requires the council to adopt rules consistent with this chapter and §110.159
which requires the council to charge fees for issuing or renewing a license.
The proposed new sections affect Occupations Code, Chapter 110.
§810.61.Introduction to the State Standards of Practice.
These state standards were developed by the council to delineate appropriate
assessment and treatment procedures and policies in Texas, and as well as
adopted by reference from the Association for the Treatment of Sexual Abusers
(ATSA) publication entitled, Practice Standards and Guidelines, Revised 2005,
and Professional Code of Ethics, 2001. These standards delineate professional
licensing expectations for the assessment and treatment of adult sex offenders
and juveniles with sexual behavior problems.
§810.62.State Standards of Practice.
(a)
Interventions shall be designed to assist the individual
to effectively manage thoughts, feelings, attitudes, and behaviors associated
with their risk to reoffend. Structured, cognitive behavioral skills-oriented
treatment programs shall target specific criminogenic needs to reduce re-offense
rates.
(b)
Licensees shall utilize the following principles when providing
sex offender assessment and treatment:
(1)
be committed to community protection and safety and licensees
shall be aware of any professional and legal obligations regarding a duty
to protect or warn;
(2)
not make statements that a client is no longer at any risk
to reoffend sexually;
(3)
act in the best interests of society, the victim, and the
client;
(4)
utilize the containment model; and
(5)
hold voluntary or mandated clients to the same standards
of practice and compliance.
§810.63.General Assessment Standards (Adults and Juveniles).
(a)
The assessment shall focuses on both the risks and needs
of the client, and identifying factors from social and sexual history, which
may contribute to sexual deviance. Assessments shall provide the basis for
the development of comprehensive treatment plans and shall provide recommendations
regarding the intensity of intervention, specific treatment protocol needed,
amenability to treatment, as well as the identified risk the adult sex offender
and the juvenile with sexual behavior problems present to the community.
(b)
The following standards were developed and adopted by reference
from the Association for the Treatment of Sexual Abusers publication entitled,
Practice Standards and Guidelines, Revised 2005 and Professional Code of Ethics,
2001. In preparing assessments of adult sex offenders and juveniles with sexual
behavior problems, licensees shall:
(1)
be fair and impartial, providing objective and accurate
data;
(2)
respond only to referral questions that fall within the
licensee's expertise and present level of knowledge;
(3)
be respectful of the client's right to be informed of the
reasons for the assessment, the interpretation of data, the basis for recommendations,
and conclusions;
(4)
have knowledge of the client's legal status;
(5)
understand the limitations of a client's self-report and
make all possible efforts to verify the information provided by the client;
(6)
use assessment procedures and techniques sufficient to
respond to the presenting issues and provide appropriate substantiation for
the resulting conclusions and recommendations;
(7)
acknowledge if an assessment consisted of only a clinical
review without client contact and shall clarify the impact that limited information
has on the reliability and validity of the resulting report;
(8)
provide clients in writing informed consent, statement
of disclosures, releases and/or exceptions to confidentiality, and employ
verbal explanations for clients who do not meet the reading or comprehension
level required;
(9)
thoroughly review written documentation and collateral
interviews. The review involves collecting information from all available
and relevant sources, including but not limited to:
(A)
criminal investigation records;
(B)
child protective services investigations;
(C)
previous assessments and treatment progress reports;
(D)
mental health records and assessments;
(E)
medical records;
(F)
Texas Department of Criminal Justice and Texas Youth Commission
reports (if applicable);
(G)
probation reports;
(H)
information regarding details of the offense as obtained
by law enforcement; and
(I)
the official victim statement(s).
(10)
diligently interpret assessments conducted without collateral
information;
(11)
ensure written assessments document and acknowledge the
procedures employed, summaries, conclusions, recommendations, and all collateral
reports and interviews;
(12)
new interviews or repeated interviews of survivors should
not be required during the client's assessment and should only be used when
there is no discernible risk of harm or discomfort to the survivor; and
(13)
when the assessment of a client and a survivor are concurrent,
the licensee shall be vigilant to remain objective in the administration of
procedures and the interpretation of the information obtained through the
interview or other means.
(c)
Licensees shall subscribe and adhere to the following tenets
regarding the client assessment.
(1)
The comprehensive assessment of the client's sexually deviant
behavior is specific to the continuing assessment of the client.
(2)
If a client does not meet the reading or comprehension
level required by an assessment instrument, arrangements for using a standardized
approved auditory (taped or read) version of the test instrument shall be
made to the extent such versions are available.
(3)
The clinical interview shall incorporate sufficient discussion
necessary to augment, clarify, and explore the information obtained from the
review of collateral materials and contacts and other components of the assessment
(for example: testing results).
(4)
Licensees shall make every effort to obtain the official
offense report to compare the degree of similarity or disparity between the
client and the victim's statements.
(5)
The client's explanations for false allegations shall be
documented.
(6)
Assessment of treatment needs shall identify strengths
and weaknesses in the individual's psycho-sexual functioning for the purpose
of directing treatment efforts to the appropriate areas.
(7)
Community safety and the degree to which a client is capable
and willing to manage risk shall be considered when generating recommendations.
(8)
If a significant amount of time has lapsed between the
time of the assessment and when the client is accepted into a treatment program,
an assessment update shall be required.
(9)
An assessment update shall collect current data upon which
the original treatment plan can either be confirmed or amended.
(10)
A licensee shall never recommend an inadequate treatment
program or level of risk management because existing resources limit or preclude
adequate or appropriate services.
§810.64.Assessment and Treatment Standards for Adult Sex Offenders.
(a)
Assessments shall provide a comprehensive treatment plan
and recommendations regarding the intensity of intervention, specific treatment
protocol needed, amenability to treatment, and the identified community risk.
(b)
A comprehensive assessment as cited in subsection (a) -
(c) shall be completed within 45 days of a client's being accepted into treatment
program. The assessment of adult sex offenders shall include:
(1)
mental status examination;
(2)
clinical interview;
(3)
personality assessment;
(4)
intellectual assessment;
(5)
sexual assessment; and
(6)
recommendations for case management, treatment planning,
and further assessments.
(c)
Efforts shall be made to acquire the following information
gathered in the assessment process:
(1)
intellectual and cognitive functioning;
(2)
mental status and psychiatric history;
(3)
medical history of head injuries, physical abnormalities,
enuresis, encopresis, current use of medication, allergies, accidents, operations,
and major medical illnesses;
(4)
self-destructive behaviors, self-mutilation, and suicide
attempts;
(5)
psychopathology and personality characteristics;
(6)
family history and marital/relationship history;
(7)
history of physical, emotional and/or sexual victimization;
(8)
education and occupation history;
(9)
criminal history;
(10)
history of violence and aggression including use of weapons;
(11)
history of truancy, fire-setting, and abuse of animals;
(12)
interpersonal relationships, both past and current;
(13)
cognitive distortions;
(14)
social competence;
(15)
impulse control;
(16)
substance abuse;
(17)
official report regarding the instant sexual offense;
(18)
denial, minimization and inability to accept responsibility;
(19)
sexual history including sexual development, adolescent
sexuality and experimentation, dating history, intimate sexual contacts, gender
identity issues, adult sexual practices, masturbatory practices, sexual dysfunction,
fantasy content, and sexual functioning; and
(20)
sexually deviant behavior, including description of offense
behaviors, number of victims, gender and age of victims, frequency and duration
of abusive sexual contact, victim selection, access, and grooming behaviors,
use of threats, coercion or bribes to maintain victim silence, degree of force
used before, during and/or after offense, and deviant arousal patterns.
(d)
Treatment Standards for Adult Sex Offenders. Licensees
shall adhere to the following standards when providing treatment to an adult
sex offender:
(1)
cognitive-behavioral approaches shall be utilized in sex
offender treatment groups.
(2)
community-based treatment groups for non-developmentally
delayed adults shall not exceed 90 minutes nor be less than sixty (60) minutes
in length with no more than 12 clients per group.
(3)
individual therapy, self-help groups, drug intervention,
or other therapies shall be used only as adjuncts to more comprehensive sex
offender treatment;
(4)
a written initial individualized treatment plan shall identify
the issues, intervention strategies, and goals of treatment and shall be prepared
for each client within 60 days of the referral. Treatment plans shall be reassessed
at least annually;
(5)
progress, or lack of progress, refusal or failure to attend
or participate in treatment, failing to abide by the client's treatment plans
and/or contracts, or any disclosures regarding violations of supervision,
shall be clearly documented in treatment records. Licensees shall provide
and communicate this information to the appropriate supervising officer in
the justice system and/or to the court order;
(6)
progress in treatment shall be based on specific, measurable
objectives, observable changes, and the demonstrated ability to apply changes
in relevant situations and comply with supervision requirements. These changes
shall be demonstrated by an increased understanding by the client of his/her
own deviant behavior, understanding of current and sexual offense cycle, increase
in pro-social behaviors, compliance with supervision, increase in support
systems, and victim empathy;
(7)
monthly treatment progress reports shall be distributed
to the supervision officer, referring agency, and/or court. Discharge reports
shall be issued according to the referring agency policy or pursuant to the
court order;
(8)
when a client has made the changes required in offense-specific
treatment, there should be a gradual and commensurate decline of interventions;
(9)
a licensee may refuse to treat a client because essential
ancillary resources do not exist to provide the necessary levels of intervention
or safeguards;
(10)
the licensee shall have an ethical obligation to refer
the client to a more comprehensive treatment program and/or to the judicial
system when the licensee determines that a client is not making the necessary
progress in treatment to reduce the client's risk to the community;
(11)
a licensee may decide to decline further involvement with
a client who refuses to address any critical aspect of treatment;
(12)
a licensee shall immediately notify the appropriate authority
when a client refuses or fails to comply with court-ordered treatment or Texas
Department of Criminal Justice Board ordered treatment;
(13)
some degree of denial shall not preclude a client from
entering treatment, although the degree of denial shall be a factor in identifying
the most appropriate form and location of treatment;
(14)
modifications in treatment and in expectations for treatment
outcomes may be required in instances of persistent denial;
(15)
a licensee shall not rely exclusively on self report by
the client to assess progress or compliance with treatment requirements and/or
conditions of probation or parole . Licensees shall rely on multiple sources
of information, which should include information from collateral contacts,
physiological methods, and other research-based sexual interest assessments;
(16)
physiological methods or measures of sexual interest assessment
shall not replace other forms of monitoring but may improve accuracy when
combined with active surveillance, collateral verifications, and self-report.
Penile plethysmograph (PPG) assessments in Texas shall be conducted under
the direction of a licensed practitioner defined in Chapter 1, Health and
Safety Code, §1.005. Licensees should refer the client for a polygraph
exam as soon as possible if the client is suspected of engaging in suppression
behaviors on the PPG.
(17)
polygraph examinations shall only be conducted by licensed
examiners that meet and adhere to the "Recommended Guidelines for the Clinical
Polygraph Examinations of Sex Offenders" as developed by the Joint Polygraph
Committee on Offender Testing (JPCOT). It is primarily the licensee's responsibility
for preparing the client for any polygraph. Sexual history polygraphs shall
include all aspects of a client's sexual behaviors and a victim's list. Licensees
shall obtain the official offense report prior to conducting the instant offense
polygraph (Occupations Code, Chapter 109, §109.054). The licensee shall
ensure the polygraph examiner has the official offense report in order to
conduct the polygraph examination;
(18)
informed, voluntary consent shall be obtained prior to
engaging clients in aversive conditioning;
(19)
licensees shall communicate and exchange information with
the Department of Family Protective Services-Child Protective Services and
Child Care Licensing regarding the safety of a child or children in the primary
residence in which a sex offender resides. Licensees shall advocate for the
removal the of offender or the child(ren) if the licensee believes the child
or children are in danger;
(20)
the safety of the children takes precedence and the highest
priority shall be given to the rights, well-being, and safety of children
when making decisions about contact between the client and children. If the
client has a history of deviant sexual arousal and/or deviant sexual interest
to or reported fantasies of sexual contact with children, client should be
restricted from having access to children. Supervised visits may be considered
if:
(A)
it is determined that sufficient safeguards exist to protect
the child(ren);
(B)
the sex offender has demonstrated control over his or her
deviant arousal;
(C)
it does not impede the sex offender's progress in treatment;
and
(D)
court mandated or Texas Department of Criminal Justice
Board ordered conditions do not prohibit such contact.
(21)
treatment referrals should be offered to the non-offending
partners and children in cases where a parent or legal guardian has been removed;
(22)
family support and participation in the treatment of the
adult sex offender should be included when applicable and appropriate. Sexual
assault survivors or vulnerable children shall be excluded until such time
as joint therapy is determined to be appropriate;
(23)
the licensee shall make every effort to collaborate with
the survivor's therapist in making decisions regarding communication, visits
and reunification. Contact shall be arranged in a manner that places child/victim
safety first. The licensee shall ensure that custodial parents or legal guardians
of the children have been consulted prior to authorizing contact and that
the contact is in accordance with Court or Texas Department of Criminal Justice
Board directives; and
(24)
if reunification is deemed appropriate by the survivor's
therapist, the process shall be closely supervised. There shall be provisions
for monitoring behavior and reporting rule violations. A survivor's comfort
and safety shall be assessed on a continuing basis.
§810.65.Assessment and Treatment Standards for Juveniles with Sexual Behavior Problems.
(a)
Licensees shall subscribe and adhere to the following tenets
regarding juveniles with sexual behavior problems:
(1)
licensees shall recognize that some children before age
10 begin displaying sexually inappropriate behavior with others and children
may duplicate sexual behavior they have witnessed on the part of older siblings
and/or adults;
(2)
licensees shall recognize that the onset of sexual behavioral
problems in juveniles can be linked to numerous issues related to their experiences,
exposure, and/or developmental deficits and that juveniles are distinct from
their adult counterparts; and
(3)
licensees shall recognize that sexual arousal patterns
of juveniles appear more changeable than those of adult sex offenders and
relate less directly to their patterns of offending behavior.
(b)
Assessment Standards for Juveniles with Sexual Behavior
Problems.
(1)
Licensees shall adhere to §810.63 of this title (relating
to General Assessments Standards (Adults and Juveniles).
(2)
The assessment shall focus on strengths, risks, and deficits
of the juvenile with sexual behavior problems, and shall identify factors
from social and sexual history which may contribute to sexual deviance. Assessments
shall provide a comprehensive treatment plan and recommendations regarding
the intensity of intervention, specific treatment protocol needed, and amenability
to treatment, as well as the identified risk the juvenile with sexual behavioral
problems presents to the community. A comprehensive evaluation and assessment
of juveniles with sexual behavior problems shall be a continuing process.
(3)
The assessment shall be age appropriate.
(4)
The assessment shall be sensitive to any cultural, language,
ethnic, developmental, sexual orientation, gender, medical, and/or educational
issues that may arise during the assessment.
(5)
The assessment shall be developmentally appropriate which
includes social, cognitive, and educational levels.
(6)
A comprehensive assessment as cited in subsections (b)
- (h) of this section shall be completed within 45 days of a client's being
accepted into treatment program.
(7)
A reasonable effort should be made to secure the following
information gathered in the assessment process:
(A)
intellectual and cognitive functioning;
(B)
mental status psychiatric history/hospitalization;
(C)
medical history and an examination by a medical professional
to determine sexual development;
(D)
self-destructive behaviors including self-mutilation and
suicide attempts;
(E)
description of the family origin, family history, and relationship
history including exposure to domestic violence;
(F)
criminal history;
(G)
sex offender registration status;
(H)
history of violence and aggression;
(I)
history of school truancy, fire-setting, abuse of animals,
and running away;
(J)
cognitive distortions;
(K)
impulse control;
(L)
history of physical, emotional and/or sexual victimization;
(M)
social and educational competence;
(N)
sexual education/knowledge information;
(O)
substance use or abuse;
(P)
official reports regarding instant sexual;
(Q)
sexual history including sexual development, sexuality
and experimentation, gender identity issues, masturbatory practices, and fantasy
content; and
(R)
sexually deviant behavior-including a description of the
offense behaviors, number of victims, gender and age of victims, frequency
and duration of sexual contact, victim selection, access, grooming behaviors,
use of threats, coercion or bribes to maintain victim silence, degree of force
used before, during and/or after the sexual behavior, and deviant arousal
patterns.
(8)
If phallometric assessment or aversive treatment techniques
are utilized with persons 17 years of age or younger, consent for such assessment
and treatment shall be obtained from the juvenile with sexual behavior problems
and written consent for such assessment and treatment shall be obtained from
the juvenile's parents or legal guardians. The procedures should be reviewed
and approved by multi-disciplinary professionals or institutional advisory
group. Stimuli shall be specific for use with adolescents.
(9)
Individuals that are pre-pubescent or under the age of
13 shall not undergo phallometric assessment or aversive treatment except
in rare cases, which shall be reviewed and approved by multi-disciplinary
professionals or institutional advisory group.
(10)
Written consent shall be obtained for assessment and information
exchange from the appropriate parent or legal guardian. Assent from the individual
being evaluated shall be obtained whenever possible.
(c)
Collateral Information. The treatment provider shall review
written documentation and collateral interviews. The review involves collecting
information from all available and relevant sources concerning the juvenile
and the victim(s), including:
(1)
parent(s), guardian(s), or custodian(s);
(2)
sibling(s);
(3)
victim(s) statement(s);
(4)
school records;
(5)
child protective services;
(6)
previous treatment providers;
(7)
mental health professionals;
(8)
law enforcement; and
(9)
the following information should be provided from the supervision
officer:
(A)
court order or judgment;
(B)
victim(s) information;
(C)
juvenile risk assessment;
(D)
data collection form; and
(E)
official offense report.
(d)
Assessment Areas. Treatment providers shall address the
following primary areas in the assessment of the juvenile:
(1)
intellectual and neurological functioning;
(2)
personality (for example: Millon Adolescent Clinical Inventory
(MACI), Minnesota Multiphasic Personality Inventory for Adolescents-MMPI-A);
(3)
behavioral;
(4)
sexual deviance; and
(5)
co-morbidity.
(e)
Risk Assessments. The ultimate determination of risk shall
be a combination of the clinical interview and the assessment instruments
as current juvenile risk assessments have not been validated.
(1)
Risk assessment results should not be used for longer than
6 months due to the fluidity of juveniles.
(2)
Risk Assessments specific to juveniles are available in
the public domain. Some risk assessment tools utilized with juveniles are
as follows:
(A)
Estimate of Risk of Adolescent Sexual Offense Recidivism-ERASOR;
(B)
Juvenile Sex Offender Assessment Protocol-JSOAP or JSOAP
II;
(C)
Child and Adolescent Needs and Strengths Sexual Development;
(D)
Juvenile Risk Assessment Instrument and Data Collection
Form;
(E)
Juvenile Risk Assessment Tool -J-RAT; and
(F)
Protective Risk Factor Scale.
(f)
Substance Abuse Assessment. Licensees shall use a valid
and reliable assessment tool to screen for substance abuse (for example: Substance
Abuse Subtle Screening Inventory-SASSI).
(g)
Polygraphs (if applicable). The licensee is primarily responsible
for preparing the juvenile for any polygraph. If polygraphs are utilized,
the licensees shall:
(1)
shall obtain the official offense report prior to conducting
the instant offense polygraph (Occupations Code, Chapter 109, §109.054);
(2)
include all aspects of a client's sexual behaviors and
a victim's list for the sexual history polygraph;
(3)
ensure that the polygraph is administered on a voluntary
basis and with informed consent unless court ordered (Family Code, §54.0405
Juvenile Probation); and
(4)
ensure that the polygraph examiner is listed on the JPCOT
roster; and
(5)
recognize the JPCOT polygraph examiner is the authority
in determining if a polygraph examination is appropriate for a juvenile.
(h)
Assessment Recommendations. The following issues shall
be addressed:
(1)
the juvenile's strengths, risks, deficits, and the degree
to which a juvenile is capable and willing to manage risk; and
(2)
co-morbidity, placement, education/vocational needs, parent
or guardian and family issues, substance abuse issues, and supervision.
(i)
Treatment Standards for Juvenile with Sexual Behavior Problems.
(1)
Treatment shall incorporate both cognitive/ behavioral
and relapse prevention approaches to reduce recidivism. A multifaceted program
shall include the following:
(A)
group and individual cognitive behavioral treatment;
(B)
sexual offense cycle/relapse prevention;
(C)
family therapy;
(D)
victim empathy;
(E)
adjunct therapy (if applicable) substance abuse treatment,
anger and stress management, conflict resolution, sex education, social competence/life
skills, clarifying, values, trauma resolution, problem solving, impulse control,
and interpersonal communication;
(F)
psychopharmacological approaches (if appropriate);
(G)
polygraphs (if appropriate; Family Code, §54.0405
Juvenile Probation); and
(H)
visual reaction time or plethysmographs (if appropriate).
(2)
the treatment program for juveniles shall include a comprehensive
assessment as cited in subsections (b) - (i) of this section, progressive
levels of treatment, relapse prevention, and for youth in detention or residential
treatment, transition into the community, and aftercare;
(3)
treating juveniles shall be based on a multidisciplinary
approach and containment model that includes but is not limited to the juvenile,
treatment provider, supervision officer, and if applicable the following:
the family, guardian, custodian, school officials, law enforcement, child
protective services and the victim's therapist;
(4)
licensees shall focus on the juvenile's existing strengths
and positive support system to promote pro-social behaviors and facilitate
change;
(5)
treatment referrals should be offered to the non-offending
parents, guardians, or custodians and siblings where a juvenile has been removed;
(6)
licensees shall utilize alternative interventions for juveniles
with intellectual and cognitive impairments;
(7)
licensees shall recognize that juveniles who display sexually
abusive behavior are heterogeneous; juveniles are children first with developmental
needs, but also have special needs and present special risks related to their
abusive behaviors;
(8)
risk management strategies shall address the needs underlying
the juvenile's behavior; and include, but are not limited to safety plans,
high risk plans, arousal modification (if appropriate), polygraphs (if appropriate),
and sex education;
(9)
the primary goals of treatment shall be to assist juveniles
in gaining control over their sexual behavior problems and increasing their
pro-social interactions, preventing further victimization, halting development
of additional psychosexual problems, and developing age-appropriate relationships;
(10)
community-based treatment groups for non-developmentally
delayed juveniles with sexual behavior problems shall not exceed ninety (90)
minutes nor be less than 60 minutes in length with no more than 12 clients
per group.
(11)
If community-based treatment groups are utilized for developmentally
delayed juveniles, groups shall not exceed 60 minutes nor be less than 30
minutes in length with no more than 8 clients per group.
(12)
Individual therapy, self-help groups, drug intervention,
or other therapies shall be used only as adjuncts to more comprehensive sex
offender treatment.
(13)
a written initial individualized treatment plan shall
identify the issues, intervention strategies, and goals of treatment and shall
be prepared for each client within 60 days of the referral. Treatment plans
shall be reassessed at least annually;
(14)
progress, or lack of progress, refusal or failure to attend
or participate in treatment, failing to abide by the client's treatment plans
and/or contracts, or any disclosures regarding violations of supervision shall
be clearly documented in treatment records. This information shall be provided
and communicated to the appropriate supervising officer in the justice system;
(15)
monthly treatment progress reports shall be distributed
to the supervision officer, referring agency, and/or the court. Discharge
reports shall be issued according to the referring agency policy or pursuant
to the court order;
(16)
when a juvenile has made the changes required in offense-specific
treatment, there should be a gradual and commensurate decline of interventions;
(17)
some degree of denial shall not preclude a client from
entering treatment, although the degree of denial shall be a factor in identifying
the most appropriate form and location of treatment;
(18)
modifications in treatment and in expectations for treatment
outcomes may be required in instances of persistent denial;
(19)
clients who remain in significant denial and/or are extremely
resistant to treatment after the finite period of extension determined by
the treatment provider and supervision team should be reassessed for appropriate
placement in alterative treatment and/or interventions
(20)
licensees shall communicate and exchange information with
the Department of Family Protective Services-Child Protective Services and
Child Care Licensing regarding the safety of a child or children in the primary
residence in which a juvenile resides. Licensees shall advocate for the removal
the of juvenile or the child(ren) if the licensee believes the child or children
are in danger;
(21)
the safety of children/victims takes precedence and the
highest priority shall be given to the rights, well-being, and safety of children
when making decisions about contact between the juvenile and children. If
the juvenile has a history of sexual arousal to reported fantasies of sexual
contact with children of a particular age/gender group, supervised visits
may be considered if:
(A)
court mandated conditions do not prohibit such contact;
(B)
it is determined that sufficient safeguards exist including
but not limited to safety plans approved by the treatment provider and supervision
officer;
(C)
the juvenile has demonstrated control over deviant arousal;
and
(D)
it does not impede the juvenile's progress in treatment.
(22)
the licensee shall make every effort to collaborate with
the survivor's therapist in making decisions regarding communication, visits
and reunification. Contact shall be arranged in a manner that ensures the
child/victim safety first;
(23)
if reunification is deemed appropriate with the survivor's
therapist, the process shall be closely supervised. There shall be provisions
for monitoring behavior and reporting rule violations. A survivor's comfort
and safety shall be assessed on a continuing basis; and
(24)
a holistic approach shall be used in treating juveniles
with sexual behavior problems.
(j)
Juvenile Laws. Licensees shall be familiar with the juvenile
justice system and confidentiality laws concerning juveniles with sexual behavior
problems. The legal citations include but are not limited to:
(1)
Occupations Code, Chapter 503.
(2)
Health Insurance Portability and Accountability Act.
(3)
Texas Family Code, Title 3, Chapter 51 et seq.
(4)
Texas Family Code, §153.076, Duty to Provide Information.
(5)
Code of Criminal Procedure, Chapter 62, Sex Offender Registration.
§810.66.Standards for Adult Female Sex Offenders.
Licensees shall subscribe and adhere to the following tenets regarding
female sex offenders:
(1)
The treatment of female sex offenders shall balance treatment
issues with offender accountability to the victims and the community at large.
(2)
Licensees shall recognize the female sex offenders may
experience deviant sexual arousal that can lead to sexual abuse and that female
sex offenders may experience sexual pleasure from the offending behavior.
(3)
Females sex offenders shall be assessed for deviant sexual
interest and arousal using appropriate and validated physiological and psychological
measures.
(4)
Licensees shall communicate and exchange information with
the Department of Family Protective Services-Child Protective Services and
Child Care Licensing regarding the safety of a child or children in the primary
residence in which a sex offender resides. Licensees shall advocate for the
removal the of offender or the child(ren) if the licensee believes the child
or children are in danger;
(5)
In assessing and evaluating female sex offenders, licensees
shall refer to the appropriate rules in §§810.62, 810.63, 810.64,
and 810.68 of this title (relating to Standards of Practice).
§810.67.Assessment and Treatment Standards for Developmentally Delayed Clients.
(a)
These standards delineate research-based practices for
developmentally delayed clients. Licensees shall subscribe and adhere to the
following tenets for developmentally delayed clients:
(1)
managing the risk, behavioral interventions, and the imposition
of appropriate external controls shall be a priority for clients with disabilities;
(2)
licensees should guard against justifying sexually deviant
behavior by indicating that the age equivalence score for any client has any
relation to his or her victim typology; and
(3)
developmentally delayed clients shall be given the opportunity
to exercise their right to make a voluntary and informed decision to participate
in treatment. A client shall be fully informed of the nature of the treatment,
the benefits and the available options. Written consent to proceed with treatment
shall be obtained by an interdisciplinary review and parent's or legal guardian's.
(b)
Assessment Standards for the Developmentally Delayed Client.
(1)
Licensees shall adhere to the provisions of §810.63
of this title.
(2)
a comprehensive assessment as cited in this section shall
be completed within 45 days of a client's being accepted into treatment program;
(3)
the assessment shall be age appropriate;
(4)
the assessment shall be sensitive to any cultural, language,
ethnic, developmental, sexual orientation, gender, medical, and/or educational
issues that may arise during the assessment;
(5)
The assessment shall determine the client's level of functioning,
appropriate treatment interventions, and facilitate the development of an
individualized treatment plan and shall include:
(A)
current level of functioning:
(i)
cognitive and behavior functioning;
(ii)
level of planning the crime of conviction (Structured
Interview, Collateral Information);
(iii)
expressive and receptive language skills (for example:
Peabody Picture and Vocabulary Test Revised (PPVT-R);
(iv)
social judgment, adaptive skills, and moral reasoning;
(v)
sexual knowledge;
(vi)
adaptive behavior (for example: Vineland Adaptive Behavioral
Scale, Adaptive Behavioral Scale of the American Association for Mental Retardation);
(vii)
criminal history;
(viii)
attention deficit;
(ix)
ability to function in groups;
(x)
support systems (Current Department of Aging and disabilities
and/or Department of State Health Services-Behavioral and Community Mental
Health agency involvement, family involvement, social involvement);
(xi)
environmental or contextual factors that contribute to
or maintain the behavior; and
(xii)
history of physical, emotional and/or sexual victimization.
(B)
official instance sexual offense report/offense description:
(i)
age and relation to the victim(s);
(ii)
details of the offense;
(iii)
past criminal behavior and/or sexually inappropriate
behavior;
(iv)
sexual history and deviant sexual interest; and
(v)
the extent of denial and cognitive distortions.
(C)
pertinent history:
(i)
developmental history;
(ii)
family, marital, relationship, and personal background;
(D)
medical, psychological and/or psychiatric/hospitalization
history;
(i)
educational history;
(ii)
occupational history;
(iii)
substance use or abuse;
(iv)
self-destructive behaviors, self-mutilation, and suicide
attempts; and
(v)
history of truancy, fire-setting, abuse of animals, and
running away.
(6)
If a plethysmograph is conducted with this population,
caution shall be used regarding interpretation and validity. Licensees shall
utilize a stimulus package appropriate to the client's developmental level.
(7)
If visual reaction time measures are utilized, the measures
shall only be used with clients who have an IQ score sufficiently high to
achieve valid and reliable test results.
(8)
If polygraphs are utilized, prior to conducting polygraph
examinations a licensee shall collaborate with the JPCOT polygraph examiner
and the supervision officer to assess the client's ability to understand the
concepts of truthfulness, deception, or lying and the capacity to anticipate
negative consequences based on deceptive responses. Licensees shall:
(A)
shall obtain the official offense report prior to conducting
the instant offense polygraph (Occupations Code, Chapter 109, §109.054);
(B)
include all aspects of a client's sexual behaviors and
a victim's list for sexual history polygraphs; and
(C)
ensure that the polygraph is administered on a voluntary
basis and with informed consent unless court ordered.
(c)
Treatment Standards for the Developmentally Delayed Client.
(1)
treatment components for developmentally delayed clients
should be based on those used in treating non-developmentally delayed clients
but tailored to address the learning limitations and special issues compounding
these clients;
(2)
treatment programs shall address the barriers encountered
by the client (for example: lack of appropriate sexual behavior at an early
age, high probability of past sexual victimization, social isolation, poor
community acceptance of healthy sexual relationships, and difficulty in learning
complex social rules and norms relating to dating, and intimacy);
(3)
cognitive behavioral therapeutic approaches shall be paired
with the cognitive strengths and weaknesses of the client;
(4)
treatment should include concrete skill building related
to social interaction, social skills, sexual behavior, and sex education;
(5)
clients with disabilities shall be offered treatment that
is appropriate to their developmental capacity, their level of comprehension,
and the ability to integrate treatment components;
(6)
progress in treatment and ability shall be determined by
the client integration the components of treatment;
(7)
group treatment shall be based on the client's level of
functioning in a group setting;
(8)
licensees shall use more individually oriented behavioral
interventions coupled with external containment strategies for clients whose
level of functioning is determined to be inappropriate for group treatment;
(9)
licensees should be provided a reasonable alternative toward
identifying risk situations or behaviors and appropriate interventions for
clients unable to conceptualize the components of treatment;
(10)
if community-based treatment groups are utilized for developmentally
delayed clients, groups shall not exceed 60 minutes nor be less than 30 minutes
in length with no more than 8 clients per group;
(11)
treating developmentally delayed clients shall be based
on a multidisciplinary approach and containment model that includes, but is
not limited, to the client, treatment provider, supervision officer, and if
applicable the following: the family, guardian, custodian, school officials,
law enforcement, child protective services, and the victim's therapist;
(12)
a written initial individualized treatment plan shall
identify the issues, intervention strategies, and goals of treatment and shall
be prepared for each client within 60 days of the referral. Treatment plans
shall be reassessed at least annually;
(13)
progress, or lack of progress, refusal or failure to attend
or participate in treatment, failing to abide by the client's treatment plans
and/or contracts, or any disclosures regarding violations of supervision shall
be clearly documented in treatment records. This information shall be provided
and communicated to the appropriate supervising officer in the justice system;
(14)
monthly treatment progress reports shall be distributed
to the supervision officer, referring agency, and/or court. Discharge reports
shall be issued according to the referring agency policy or pursuant to the
court order;
(15)
when a client has made the changes required in offense-specific
treatment, there should be a gradual and commensurate decline of interventions;
(16)
some degree of denial shall not preclude a client from
entering treatment, although the degree of denial shall be a factor in identifying
the most appropriate form and location of treatment;
(17)
clients who remain in significant denial and/or are extremely
resistant to treatment after the finite period of extension determined by
the treatment provider and supervision team should be reassessed for appropriate
placement in alterative treatment and/or interventions;
(18)
modifications in treatment and in expectations for treatment
outcomes may be required in instances of persistent denial;
(19)
when treating developmentally delayed clients who have
committed a sexual offense, a licensee shall recognize their vulnerabilities
and their risk of victimization by non-delayed clients;
(20)
licensees shall communicate and exchange information with
the Department of Family Protective Services-Child Protective Services and
Child Care Licensing regarding the safety of a child or children in the primary
residence in which a sex offender resides. Licensees shall advocate for the
removal the of offender or the child(ren) if the licensee believes the child
or children are in danger;
(21)
the safety of the children takes precedence and the highest
priority shall be given to the rights, well-being, and safety of children
when making decisions about contact between the client and children. If the
client has a history of deviant sexual arousal and/or deviant sexual interest
to or reported fantasies of sexual contact with children, client should be
restricted from having access to children. Supervised visits may be considered
if:
(A)
it is determined that sufficient safeguards exist to protect
the child(ren);
(B)
the sex offender has demonstrated control over his or her
deviant arousal;
(C)
it does not impede the sex offender's progress in treatment;
and
(D)
court mandated or Texas Department of Criminal Justice
Board ordered conditions do not prohibit such contact;
(22)
the licensee shall make every effort to collaborate with
the survivor's therapist in making decisions regarding communication, visits
and reunification. Contact shall be arranged in a manner that ensures the
child/victim safety first; and
(23)
if reunification is deemed appropriate with the survivor's
therapist, the process shall be closely supervised. There shall be provisions
for monitoring behavior and reporting rule violations. A survivor's comfort
and safety shall be assessed on a continuing basis.
§810.68.Issues to Be Addressed in Treatment (Adults and Juveniles).
Licensees shall subscribe and adhere to the following tenets as they
relate to and are applicable to each client:
(1)
Arousal Control. Control of deviant arousal, fantasies,
and urges should be a priority in treating adult sex offenders and juveniles
with sexual behavior problems. Arousal control may require periodic "follow
up" sessions for the duration of a client's life. Effective arousal control
shall include methods to control spontaneous deviant fantasies and to minimize
contact with objects or persons within the deviant fantasies. Arousal control
should proceed from the most effective methods for reducing arousal to less
effective methods.
(2)
Cognitive Behavioral Treatment. Cognitive behavioral treatment
shall identify, assess, and modify cognitions that promote sexual deviance
Cognitive distortions shall be addressed and include the thoughts and attitudes
that allow offenders to justify, rationalize, and minimize the impact of their
deviant behavior.
(3)
Sexual Offense. Cycle/Relapse Prevention. Treatment shall
address the cycle of behaviors, emotions, and cognitions which are identifiable
and which precede deviant sexual behavior in a predictable manner. Autobiographies,
sexual history polygraphs, offense reports, interviews and cognitive-behavioral
chains shall be used to identify antecedents to offending. Treatment shall
include a formal multi-level relapse prevention plan.
(4)
Victim Empathy. Treatment shall focus on highlighting the
consequences of victimization and sensitize the offender to the harm he or
she has committed. Treatment providers should utilize analogous experiences
when treating juveniles and should recognize that cognitive development impacts
the ability to empathize.
(5)
Biomedical Approaches. Psychopharmacological agents should
only be utilized in select cases. Use of these agents shall never be the only
method of treatment. Physical or chemical castration shall be utilized only
as an adjunct to treatment and not in lieu of treatment.
(6)
Increasing Social Competence. Treatment should include,
but not be limited, to improving interpersonal communication skills, problem
solving, assertiveness, and developing and sustaining reciprocal pro-social
friendships and social support networks. Treatment shall assist the clients'
ability to deal effectively with social situations and develop meaningful
relationships with others.
(7)
Chaperones. Licensees shall assist in the selection and
education of the potential chaperones for contacts between the adult client
and children. Potential chaperones shall only be adults who accept and understand
the client's present sexual offense, past sexual offending, and the potential
for sexual re-offense. Licensees shall ensure potential chaperones are educated
regarding the client's sexual history, treatment and supervision conditions,
antecedents to sexual offending, safety plans, relapse prevention, and reporting
procedures. Licensees shall review a detailed safety plan with the child's
non-offending parent or legal guardian that describes the appropriate levels
of supervision for contact, privacy, discipline practice, sexual education,
appropriate dress, hygiene, bedtime routines, conditions and limits that may
apply, and how contact will be terminated if it is no longer appropriate for
the child.
(8)
Improving Primary Relationships. Treatment providers should
involve the current partners or family members in treatment to assist the
client in developing a functional lifestyle and maintain reciprocal relationships
with an appropriate partner. Treatment providers should involve family members
in treatment and address with juveniles sex education deficits, appropriate
dating skills, and relationship skills.
(9)
Co-morbid Diagnosis. Treatment provider should make appropriate
referral when there are sufficient signs and symptoms to merit additional
diagnosis criteria. The most common are substance abuse and affective disorders.
The co-morbid diagnosis shall be treated with the appropriate therapies concomitantly
with the treatment for sex offending behavior except in the case of schizophrenia
where the anti-psychotic therapy would take precedence.
(10)
Couples/Family Therapy. Individual, couple, family, and
sibling therapy, non-offending spouse groups, and/or parents or legal guardians
of victims' groups shall prepare the partner and family for the issues and
methods involved in sex offender treatment. A predetermined integration sequence
shall be followed which addresses role and boundary issues if the client is
to reside with survivors or children. This shall include close supervision
and a multitude of safeguards for the protection of children.
(11)
Support Systems. Social support networks should assist
the adult sex offender and juvenile in avoiding and coping with antecedents
to sexual deviance and address the issues related to risk. The support system
shall include individuals from the adult sex offender and juvenile's daily
life (for example: family, extended family, guardian, custodian, friends,
co-workers, and church members).
(12)
Adjunct Therapies. Adjunct therapy includes but is not
limited to substance abuse, anger management, stress management, social skills,
sex education, or self-help groups, and shall only be used as adjuncts to
a comprehensive treatment program in reducing the client's risk to re-offend.
Other licensed mental health professionals may conduct adjunct therapies.
(13)
After-Care Treatment. After-care treatment shall involve
periodic "follow up" sessions to reinforce and assess maintenance of positive
gains made during treatment. After-care Treatment can be facilitated by involving
the treatment group, supervision personnel, support system, the use of polygraphs,
and phallometric assessment.
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 15, 2006.
TRD-200602713
Walter J. Meyer, M.D.
Chair
Council on Sex Offender Treatment
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §810.91, §810.92
STATUTORY AUTHORITY
The proposed new sections are authorized by Occupations Code, §110.158,
which requires the council to adopt rules consistent with this chapter and §110.159,
which requires the council to charge fees for issuing or renewing a license.
The proposed new sections affect Occupations Code, Chapter 110.
§810.91.General.
Licensees shall constitute a professional discipline which shall have
a membership committed to establishing and maintaining the highest level of
professional standards related to the assessment and treatment of adult sex
offenders and juveniles with sexual behavior problems. In order to maintain
the highest standard of service and consumer protection, licensees shall be
committed to the following principles designed to earn the greatest level
of public confidence.
§810.92.Code of Ethics.
(a)
Professional Conduct. Licensees shall:
(1)
not discriminate against clients or withhold professional
services to anyone, regardless of age, race, national origin, religion, sex,
disability, political affiliation, social or economic status, sexual orientation,
or any proscribed by law. A licensee shall not allow personal feelings related
to a client's alleged or actual crimes or behavior to interfere with professional
judgment and objectivity;
(2)
make a proper referral when a licensee cannot offer services
to a client. Each licensee shall facilitate follow-up services for clients
who transition from one program or one jurisdiction to another which includes
a written summary of the assessment of risk, offending pattern, level of participation,
relevant problems and treatment needs, client strengths and deficits, support
group, and recommendations;
(3)
perform their professional duties with the highest level
of integrity and appropriate confidentiality within the scope of their statutory
responsibilities;
(4)
not hesitate to seek assistance from other professional
disciplines when circumstances dictate;
(5)
shall report unethical, incompetent, or dishonorable practices
to the council;
(6)
refrain from using his or her professional relationship,
to further personal, religious, political, or economic interests, other than
customary professional fees;
(7)
have an obligation to engage in continuing education and
professional growth;
(8)
refrain from diagnosing, treating, or making recommendations
outside the scope of the licensee's competence;
(9)
be knowledgeable of legal statutes and scientific data
relevant to the assessment and treatment of clients; and
(10)
display or provide in writing the address and telephone
number of the council in all sites where sex offender treatment services are
provided for the purpose of directing complaints to the council.
(b)
Client Relationships. Licensees shall:
(1)
treat all clients with dignity and respect and shall not
exaggerate the efficacy of treatment services that cannot be supported by
empirical literature;
(2)
recognize the importance pertaining to financial matters
with clientele. Arrangements for payments should be settled at the beginning
of an assessment or a therapeutic relationship;
(3)
not engage in dual relationships with clients. Examples
of dual relationships include, but are not limited to, the following: treatment
of family members, close friends, employees, supervisors, supervisees, personal
contacts outside the scope of treatment, and relationships outside of treatment
such as business or social;
(4)
not engage in sexual harassment and/or a sexual or intimate
relationship with any client who is receiving or has received professional
services, regardless of whether payment for the services was involved. Licensees
shall not engage in sexual intimacy with a client's or former client's family
members;
(5)
not withdraw services to clients in a abrupt manner unless
the licensee, a private facility, or agency loses jurisdiction and/or the
authority to render services. Each licensee shall give consideration to all
factors in the situation in order to minimize possible adverse effects on
the client;
(6)
notify the appropriate supervising agency or court if the
licensee anticipates the termination or disruption of services to a client
and provide for transfer, referral, or continuation of service in keeping
with the client's needs, preferences, and supervision requirements;
(7)
terminate a professional counseling relationship when it
is reasonably clear that the client is not benefiting from treatment unless
the agency is mandated to render services. When treatment is still indicated,
the licensee shall take reasonable steps to facilitate the transfer to an
appropriate referral source. All clients on supervision shall be referred
back to the criminal justice department or to the juvenile justice system;
(8)
serve clients of a colleague during a temporary absence
or emergency with the same consideration of that afforded any client;
(9)
not engage in any action in their professional role, which
violates or diminishes the legal and civil rights of clients or victims who
may be affected by their actions;
(10)
not give or accept a gift from a client or a relative
of a client, enter into a 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; and
(11)
not knowingly offer or provide counseling, treatment,
or other professional interventions to an individual concurrently receiving
sex offender treatment from another licensed sex offender treatment provider
except with that provider's knowledge and approval. If a licensee learns of
such concurrent counseling, treatment, or other professional interventions,
the licensee shall take immediate and reasonable action to inform the other
mental health service provider.
(c)
Confidentiality. Licensees shall:
(1)
maintain and store records on each client to ensure safety
and confidentiality in accordance with the highest professional and legal
standards including but not limited to HIPAA, the Texas Health and Safety
Code, Chapter 611, and laws pertaining to victims rights;
(2)
be responsible for informing clients of the exceptions
to confidentiality. Clients shall be informed of any circumstances which may
prompt an exception to the agreed upon confidentiality;
(3)
understand that clients have the right to refuse to participate
in or attend treatment and licensees shall inform the client of the potential
consequences of such a decision;
(4)
clearly communicate to the client any conflicts of interest
or dual relationships which affect the licensee's current relationship with
a client;
(5)
obtain written permission and informed consent from the
client before any data may be divulged to third parties;
(6)
respond to an inquiry for information with a written release
by the client with only data germane to the purpose of the inquiry. Every
effort shall be made to avoid an undue invasion of privacy for the client;
(7)
not communicate information to persons outside the containment
model without the written consent of the client unless there exists a clear
and immediate danger to a person from the client; and
(8)
be knowledgeable of all statutes which govern the conduct
of licensee's professional practice and the duty to report suspected abuse
or neglect to law enforcement (for example: Family Code, §261.101 at
et. seq.)
(d)
Assessments. Licensees shall:
(1)
not provide an assessment or re-assessment for purpose
of determining if an individual is guilty or innocent of a specific sexual
crime. Psychological profiles shall not be used to prove or disprove an individual's
propensity to act in a sexually deviant manner or an individual's guilt or
innocence. Physiological methods or sexual arousal and preference assessments
shall not be used to prove an individual's guilt or innocence of a specific
sex crime;
(2)
recognize, and when providing expert testimony, acknowledge
that there is no known psychological or physiological test, profile, assessment
procedure, or combination of such tools that prove or disprove whether the
client has committed a specific sexual crime;
(3)
make every effort possible to promote the client's non-offending
behavior and act in the best interest of the client, as long as others are
not placed in an identifiable risk.
(4)
guard against the misuse of assessment data and respect
a client's right to know the results, the interpretations made, and the basis
for the conclusions and recommendations drawn from such assessments;
(5)
respect the right of a client to have a complete explanation,
in language which the client is able to understand, the nature and purpose
of the methodologies, and any foreseeable effects of the assessment unless
the client agrees to an exception in advance;
(6)
obtain voluntary informed written consent from a client
prior to conducting a physiological assessment or engaging in treatment;
(7)
be informed of the client's rights, including the client's
right to confidentiality;
(8)
not determine a person's degree of sexual dangerousness,
suitability for treatment, or other forensic referral question based solely
by one assessment instrument. Assessment data shall be properly integrated
within a comprehensive assessment, the components of which are determined
by a person who has specific training and expertise in making such assessments;
(9)
indicate any reservations in reporting assessment results
that may exist regarding validity or reliability because of the circumstances
of the assessment or the absence of comparative norms for the person being
tested. Each licensee shall make an attempt to ensure that assessment results
and interpretations are not misunderstood or misused by others. Proper qualifications
shall be made with regard to prediction and to the generalized ability of
data issued in order to not mislead the consumer of the report;
(10)
understand it is ethical to address an issue regarding
the probability of a client committing certain criminal acts within a certain
period of time; it is unethical for a licensee to state that an individual
is not at risk to reoffend sexually;
(11)
If a licensee decides that it is appropriate to offer
a prediction of criminal behavior on the basis of a comprehensive assessment
in a given case, the licensee shall specify clearly:
(A)
the acts being predicted and supportive research;
(B)
the estimated probability that these acts will occur during
a given period of time; and
(C)
the facts and data on which these empirical predictions
are based.
(12)
be educated and familiar with the assessment or treatment
procedures and data used by another licensee before providing any public comment
or testimony pertaining to the validity, reliability, or accuracy of such
information;
(13)
safeguard sexual arousal assessment testing and treatment
materials. Each licensee shall recognize the sensitivity of this material
and use it only for the purpose for which it is intended in a controlled phallometric
assessment. Licensees shall not release assessment or treatment materials
to persons not involved in the management or containment of the client who
lack proper training and credentials, or who would misinterpret or improperly
use such stimulus materials; and
(14)
have specific training in the administration and evaluation
of any assessment tool that is utilized. Licensees shall not release assessment
raw data to any person not qualified to interpret the data. Licensees shall
not release assessment results to the client if the licensee believes the
information would harm the client;
(e)
Professional Relationships.
(1)
Each licensee shall act with proper regard for the needs,
special competencies, and perspectives of colleagues who assess and treat
sex offenders and other mental health professionals.
(2)
Each licensee is encouraged to affiliate with professional
groups, organizations, or agencies working in the field of sex offender assessment
and treatment.
(f)
Research and Publications.
(1)
Licensees shall be obligated to protect the safety of the
licensee's research subjects. Provisions of the human subjects experimental
policy shall prevail as specified by the current United States Department
of Health and Human Services guidelines.
(2)
Licensees shall evaluate the ethical implications of possible
research and ensure that ethical practices are enforced in conducting such
research.
(3)
The practice of informed consent prevails. A research participant
shall have the freedom to decline to participate in or withdraw from a research
project at any time without any prejudicial consequences.
(4)
The research subject shall be protected from physical and
mental discomfort, harm, and danger that may result from research procedures.
(5)
Publication credit shall be assigned to those who have
contributed to a publication in proportion to their contribution, and in accordance
with customary publication practices.
(g)
Public Information and Advertising. All professional presentations
to the public shall be governed by the following standards on public information
and advertising. Licensees shall:
(1)
have a responsibility to the public to engage in appropriate
informational activities and to avoid misrepresentation or misleading statements.
Advertisements and public communications shall be formulated to convey accurate
information. Self-praising and testimonials shall be avoided;
(2)
not establish licensee-client relationships as the result
of pressure, deception, or exploitation of the vulnerability of clients;
(3)
not make any representations that the licensee is a partner
or associate of any agency or firm if the licensee is, in fact, not acting
in that capacity (for example: a person engaged in private practice who is
also employed at a state hospital should clearly communicate to a prospective
client in private practice that he is not acting on behalf of a state hospital);
(4)
be truthful in the representation of the licensee's professional
background, training, and status. Each licensee shall indicate any limitations
in his or her practice;
(5)
not represent their affiliation with any organization or
agency in a manner, which falsely implies sponsorship or certification by
that organization; and
(6)
not knowingly make a representation about the licensee's
ability, background, or experience, or about that of a partner or associate,
or about a fee or any other aspect of a proposed professional engagement that
is false, fraudulent, misleading, or deceptive. A false, fraudulent, misleading,
or deceptive statement or claim is defined as a statement or claim which:
(A)
contains a material misrepresentation of fact;
(B)
omits any material or statement of fact which is necessary
to make the statement, in light of all circumstances, not misleading; or
(C)
is intended or likely to create an unjustified expectation
concerning the licensee, or treatment services.
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 15, 2006.
TRD-200602715
Walter J. Meyer, M.D.
Chair
Council on Sex Offender Treatment
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §810.122
STATUTORY AUTHORITY
The proposed new section is authorized by Occupations Code, §110.158,
which requires the council to adopt rules consistent with this chapter and §110.159,
which requires the council to charge fees for issuing or renewing a license.
The proposed new section affects Occupations Code, Chapter 110.
§810.122.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Act--Health and Safety Code, Chapter 841, Civil Commitment
of Sexually Violent Predators.
(2)
Behavioral abnormality--A congenital or acquired condition
that, by affecting a person's emotional or volitional capacity, predisposes
the person to commit a sexually violent offense to the extent that the person
becomes a menace to the health and safety of another person.
(3)
Biennial examination expert--A person or persons employed
by or under contract with the council to conduct a biennial examination to
assess any change in the behavioral abnormality for a person committed under
the Act, §841.081.
(4)
Child safety zone--An area as defined in Code of Criminal
Procedure, Art. 42.12, §13B; Health and Safety Code, §841.134; and
Texas Government Code §508.187.
(5)
Civil Commitment--The civil commitment of a person adjudged
to be a sexually violent predator and committed to the outpatient sexual violent
predator treatment program (OSVPTP).
(6)
Civil Commitment Case Manager--A person employed by or
under contract with the council to perform duties related to the supervision,
coordination and monitoring of the person committed to the outpatient sexually
violent predator treatment program.
(7)
Civil Commitment Treatment Provider--A licensed sex offender
treatment provider under contract with the council to conduct assessments,
provide intensive treatment, conduct treatment planning, and to assist the
Civil Commitment Case Manager in supervising the sexually violent predator.
(8)
Council--The Council on Sex Offender Treatment.
(9)
Global Positioning Satellite (GPS) Tracking--Technology
that incorporates global positioning satellite tracking and electronic radio
frequency.
(10)
Interagency Case Management Team--All professionals involved
in the assessment, treatment, supervision, monitoring, residential housing
of the client, or other approved professionals. The case manager shall act
as the chairperson of the team.
(11)
Multidisciplinary Team (MDT)--Members of the Council on
Sex Offender Treatment (two), Texas Department of Criminal Justice (one),
Texas Department of Criminal Justice-Victim Service Division (one), Texas
Department Public Safety (one), and Texas Department of State Health Services-Community
Mental Health Division (two). The team assesses whether a person is a repeat
sexually violent offender and whether the person is likely to commit a sexually
violent offense after release or discharge; gives notice of it's findings
to the Texas Department of Criminal Justice or to the Department of State
Health Services-Community Mental Health Division; and recommends to either
agency that the person be assessed for a behavioral abnormality.
(12)
Penile Plethysmograph--A diagnostic method to assess sexual
arousal by measuring the blood flow (tumescence) to the penis during the presentation
of sexual stimuli in a controlled setting. The plethysmograph provides the
identification of clients' arousal in response to sexual stimuli (audio/visual).
(13)
Polygraph Examination (Clinical)--The employment of any
instrumentation complying with the required minimum standards of the Texas
Polygraph Examiner's Act and used for the purpose of measuring the physiological
changes associated with deception. The following are descriptions of the four
types of polygraphs utilized.
(A)
Instant Sexual Offense Polygraph--addresses the offense
of conviction in conjunction with the official version;
(B)
Sexual History Polygraph--addresses the complete sexual
history of the client up to the instant offense;
(C)
Maintenance Polygraph--addresses compliance with conditions
of supervision and treatment; and
(D)
Monitoring Polygraph--addresses whether the client has
committed>
(14)
Polygraph Examiner--A person with a current license approved
by the Texas Polygraph Examiner's Board and who meets minimum criteria to
be listed by the Joint Polygraph Committee on Offender Testing (JPCOT) for
polygraphing adult sex offenders and juveniles with sexual behavior problems.
(15)
Predatory Act--An act that is committed for the purpose
of victimization and that is directed toward:
(A)
a stranger;
(B)
a person of casual acquaintance with whom no substantial
relationship exists; or
(C)
a person with whom a relationship has been established
or promoted for the purpose of victimization.
(16)
Repeat Sexual Offender--A person is a repeat sexually
violent offender for the purposes of this chapter if the person is convicted
of more than one sexually violent offense and a sentence is imposed for at
least one of the offenses or if:
(A)
the person:
(i)
is convicted of a sexually violent offense, regardless
of whether the sentence for the offense was ever imposed or whether the sentence
was probated and the person was subsequently discharged from community supervision;
(ii)
enters a plea of guilty or nolo contendere to a sexually
violent offense in return for a grant of deferred adjudication;
(iii)
is adjudged not guilty by reason of insanity for a sexually
violent offense; or
(iv)
is adjudicated by a juvenile court as having engaged in
delinquent conduct constituting a sexually violent offense and is committed
to the Texas Youth Commission under Family Code, §54.04(d)(3) or (m);
and
(B)
after the date on which under Health and Safety Code, §841.003(b)
Subdivision (1), the person is convicted, receives a grant of deferred adjudication,
is adjudged not guilty by reason of insanity, or is adjudicated by a juvenile
court as having engaged in delinquent conduct, the person commits a sexually
violent offense for which the person:
(i)
is convicted, but only if the sentence for the offense
is imposed; or
(ii)
is adjudged not guilty by reason of insanity.
(17)
Residential Facility--A community residential facility,
or halfway house, located in the State of Texas, and under contract with the
council.
(18)
Sexually Violent Offense--
(A)
an offense under the Penal Code, §§21.11(a)(1),
22.011, or 22.021;
(B)
an offense under the Penal Code, §30.04(a)(4), if
the defendant committed the offense with the intent to violate or abuse the
victim sexually;
(C)
an offense under the Penal Code, §30.02, if the offense
is punishable under subsection (d) of that section and the defendant committed
the offense with the intent to commit an offense listed in subparagraphs (A)
or (B) of this paragraph;
(D)
an offense under Penal Code, §19.02 or §19.03,
that, during the guilt or innocence phase or the punishment phase for the
offense, during the adjudication or disposition of delinquent conduct constituting
the offense, or subsequently during the civil commitment proceeding under
Subchapter D, is determined beyond a reasonable doubt to have been based on
sexually motivated conduct;
(E)
an attempt, conspiracy, or solicitation, as defined by
the Penal Code, Chapter 15, to commit an offense listed in subparagraphs (A),
(B), (C), or (D) of this paragraph;
(F)
an offense under prior state law that contains elements
substantially similar to the elements of an offense listed in subparagraphs
(A), (B), (C), (D), (E) of this paragraph; or
(G)
an offense under the law of another state, federal law,
or the Uniform Code of Military Justice that contains elements substantially
similar to the elements of an offense listed in subparagraphs (A), (B), (C),
(D), or (E) of this paragraph.
(19)
Sexually Violent Predator (SVP)--A person is a sexually
violent predator for the purpose of this chapter if the person: is a repeat
sexually violent offender; and suffers from a behavioral abnormality that
makes the person likely to engage in a predatory act of sexual violence; is
convicted of more than one sexually violent offense and a sentence is imposed
for at least one of the offenses.
(20)
Supervision, Treatment, and GPS Requirements--The requirements
whereby a person agrees to participate and comply with the conditions of the
Outpatient Sexually Violent Predator Treatment Program (OSVPTP).
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 15, 2006.
TRD-200602717
Walter J. Meyer, M.D.
Chair
Council on Sex Offender Treatment
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §§810.151 - 810.153
STATUTORY AUTHORITY
The proposed new sections are authorized by Occupations Code, §110.158,
which requires the council to adopt rules consistent with this chapter and §110.159,
which requires the council to charge fees for issuing or renewing a license.
The proposed new sections affect Occupations Code, Chapter 110.
§810.151.Administration of the Act.
The Council on Sex Offender Treatment (council) is responsible for
providing the appropriate and necessary treatment and supervision of a SVP.
Pursuant to the Act, the council shall develop and implement policies and
procedures involving standards of treatment and supervision that enhance public
safety and hold the SVP to the highest level of accountability. The council
shall hire program specialists and/or contract for the services of case managers,
treatment providers, commitment review experts, global positioning tracking
providers, biennial examination experts, transportation providers, and residential
housing providers. The council by rule shall administer this chapter. Rules
adopted by the council under this section shall be consistent with the purposes
of this chapter. The council by rule shall develop standards of care and case
management for persons committed under this chapter. The council shall appoint
two members of the council and two alternates, to serve as a member of the
Multidisciplinary Team (team) as defined in the Act, Health and Safety Code, §841.022.
The council member(s) or designee(s) who serve on the team shall keep the
council informed of the actions taken by the team by providing the council's
Executive Director with periodic reports as required.
§810.152.Civil Commitment of Sexually Violent Predators.
In the event that a judge or jury determines that a person is a SVP,
the SVP shall be committed by the judge to the Outpatient Sexually Violent
Predator Treatment Program (OSVPTP) in accordance with a treatment and supervision
plan approved by the council. Upon making a determination that a person is
a SVP, the committing judge shall provide the council and the SVP with a copy
of the civil commitment requirements. The OSVPTP shall begin on the SVP's
release from a secure correctional facility or discharge from a state hospital
and shall continue until the SVP's behavioral abnormality has changed to the
extent that the person is no longer likely to engage in a predatory act of
sexual violence. A case manager who has been approved by the council shall
coordinate the OSVPTP. The council shall provide the program specialist and/or
case manager with all available documentation relating to the client including
but not limited to a copy of the civil commitment requirements imposed upon
the SVP by the committing judge.
§810.153.Outpatient Treatment and Supervision Program.
The council shall develop and implement the OSVPTP, which utilizes
cognitive behavioral sex offender treatment and intensive supervision to attain
the goal of no more victims. The OSVPTP containment model is composed of treatment
orientation, assessments, and evaluations, global positioning tracking services,
polygraph examinations, medication, transportation, penile plethysmograph,
supervision, treatment, residential housing (if appropriate), and auditing
services.
(1)
Housing. The council shall provide for any necessary supervised
or residential housing, including but not limited to, existing Texas community
residential facilities, or halfway houses currently under contract with the
council or at another location or facility approved by the Council. The supervised
housing shall be approved by the council and shall be in locations around
the State where the Department of Public Safety (DPS) maintains sufficient
personnel who are properly trained in utilizing all forms of tracking services.
(2)
Orientation. A SVP civilly committed by a judge, shall
receive an orientation session from the assigned treatment provider involving
the OSVPTP. The council shall establish policies and procedures for informing
the SVP of his/her rights, obligations, and responsibilities under the OSVPTP.
The SVP shall sign all forms, releases and consent documents approved by the
council, including but not limited to, the Treatment, Supervision, and GPS
requirements which relate to said OSVPTP, and the SVP shall agree to strictly
adhere to the terms and conditions of said requirements and other documents
as required by the Court. A SVP, who signs the requirements and adheres to
its terms and conditions, is allowed to begin the OSVPTP. If the SVP fails
to sign the documents, the SVP is not permitted to begin the OSVPTP and will
be subject to all legal sanctions available under the Act.
(3)
Assessment. The initial stage of the OSVPTP shall begin
with a formal assessment of the SVP. The initial assessment shall consist
of the following two components:
(A)
the licensee shall review and validate the formal risk
assessment; and
(B)
the licensee shall conduct an assessment for the purpose
of identifying individual needs, which shall be addressed during the OSVPTP.
The individual needs as identified by the licensee shall be included in the
SVP's individual treatment plan.
(4)
Global Positioning Tracking Services. The council shall
enter into an Interagency Agreement with the DPS, to provide the technology
and expertise to track sexually violent predators during their commitment
to the OSVPTP in all Texas counties except Tarrant/Dallas and Harris counties.
The focus of intensive tracking services is to ensure public safety, the highest
level of client accountability, compliance with adhering to a daily activity
schedule, and to the requirements of the OSVPTP. Such services shall include
but not be limited to monitoring global positioning tracking, electronic monitoring,
and surveillance. All SVPs shall begin an intensive monitoring system once
a judge civilly commits the person and is released from a security facility.
The SVP shall be required to submit to intensive global positioning tracking
until the SVP's behavioral abnormality has changed to the extent that the
person is no longer likely to engage in a predatory act of sexual violence.
(5)
Polygraph Services. The treatment plan shall consist of
clinical polygraph exams specific to sex offenders, including the instant
sexual offense, sexual history, maintenance and monitoring exams. The council
shall only approve treatment plans which utilize a licensed polygraph examiner
who adheres to the Joint Polygraph Committee guidelines for polygraphing sex
offenders.
(6)
Medication. Medication may include anti-psychotic, anti-depressant,
anti-anxiety, anti-obsessional, anti-androgenic, and/or equivalent chemotherapy.
(7)
Penile Plethysmograph (PPG). The SVP is mandated by the
order of commitment to submit to plethysmograph testing. The plethysmograph
shall be used to identify the clients who manifest excessive deviant arousal
in response to stimuli depicting sexual abuse, discernment of lack of arousal
to stimuli of consenting sex, minimization of distortions evident in self-report
level of arousal, evaluation of treatment efficacy, and enhancement of certain
forms of behavioral treatment. Licensees should refer a SVP for a polygraph
exam as soon as possible if the client is suspected of engaging in suppression
behaviors on the PPG.
(8)
Supervision. The council shall establish employment policies
and procedures for the hiring of full-time program specialists for Tarrant/Dallas
and Harris counties, and for contracted case managers for other Texas counties
who shall be responsible for the coordination of the treatment and supervision
of a SVP, as well as, monitoring compliance with the treatment and supervision
requirements for that person. The program specialist and case manager shall
be required to:
(A)
conduct face to face contact with the SVP at the office,
residence, and/or field visits to monitor the SVP;
(B)
serve as a liaison to the licensed sex offender treatment
provider, global positioning tracking services; polygraph examiner, District
Attorneys, residential staff, parole officer, employer, and all other professionals
involved in the SVP's life;
(C)
shall report any violation to the council within 24 hours;
(D)
shall ensure the residential plan is congruent with the
child safety zone laws;
(E)
shall ensure the SVP registers with the Texas Department
of Public Safety every 30 days;
(F)
shall make referrals for alcohol and drug testing;
(G)
adjust the SVP's supervision according to a risk assessment;
(H)
shall make timely recommendations to the judge on whether
to allow the SVP to change residence or to leave the state and on any other
appropriate matters shall inform the SVP annually of their right to file for
unauthorized release;
(I)
shall submit the biennial report to the Judge;
(J)
shall coordinate transportation services for the SVP; and
(K)
shall abide by the Case Manager Code of Ethics.
(9)
Sex Offender Treatment. The council shall approve and contract
for the provision of treatment which is based on a cognitive behavioral model
with the focus of the treatment being holistic. The OSVPTP shall include,
but not be limited to, sex offender specific group and individual therapy;
social skills training, medication, and if deemed warranted by the treatment
provider, substance abuse counseling or traditional mental health treatment.
The treatment plan shall be composed of standard tasks, which all SVPs shall
complete prior to moving to the next stage. In addition, individual goals
shall be established based upon assessment data. A treatment plan shall include
the monitoring of the SVP with a polygraph and penile plethysmograph. The
council shall establish guidelines and policies and procedures for the hiring
of contracted treatment providers who will be responsible for developing and
implementing an individual treatment plan approved by the council. All treatment
plans and guidelines for standards of care are subject to the approval of
the council prior to implementation.
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 15, 2006.
TRD-200602719
Walter J. Meyer, M.D.
Chair
Council on Sex Offender Treatment
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §810.182, §810.183
STATUTORY AUTHORITY
The proposed new sections are authorized by Occupations Code, §110.158,
which requires the council to adopt rules consistent with this chapter and §110.159,
which requires the council to charge fees for issuing or renewing a license.
The proposed new sections affect Occupations Code, Chapter 110.
§810.182.Civil Commitment Program Specialist and/or Case Manager.
The council shall approve and contract or employ for the services of
a person to perform duties related to outpatient treatment and supervision
of a person civilly committed to the Outpatient Sexually Violent Predator
Treatment Program (OSVPTP). The council shall establish employment policies
and procedures, which set forth duties and responsibilities, minimum qualifications,
knowledge, skills, and abilities required of a person serving in such capacity.
The program specialist and/or case manager shall report directly to the council
through its Executive Director or designee; provide supervision to the SVP;
ensure community safety by monitoring the SVP; communicate with law enforcement,
treatment providers, prosecutors, and the judge having jurisdiction over the
person's commitment; coordinate outpatient treatment for the SVP; periodically
review assessments to determine the success of outpatient treatment and supervision;
train residential housing staff; provide periodic reports to the council through
its Executive Director or designee; and make recommendations to the judge
having jurisdiction over the SVP's commitment as to whether or not to allow
the SVP to change residence, or any other appropriate matters relating to
the SVP's civil commitment.
§810.183.Civil Commitment Treatment Provider.
The council shall approve and contract for the services of a person
or persons to perform duties related to the outpatient treatment of a person
civilly committed to the OSVPTP, and shall establish assessment and treatment
guidelines for the Civil Commitment Treatment Providers to adhere to. The
council shall establish employment policies and procedures which set forth
duties and responsibilities, minimum qualifications, knowledge, skills, and
abilities required of a person or persons serving in such capacity. A treatment
provider shall report directly to the council through its Executive Director
or designee regarding the treatment and supervision of a person committed
to the OSVPTP; shall conduct assessments; provide treatment and conduct treatment
planning; provide the case manager with data that will assist in the supervision
of the SVP; follow assessment and treatment guidelines and policies as established
by the council; conduct assessments and on-going risk assessments; recommend
increases or decreases in supervision and privileges for the SVP based upon
assessments and observations; conduct group and individual counseling; conduct
treatment planning and submit incident reports to the program specialist and/or
case manager; liaison with the case manager and other professionals providing
services to the SVP; document all services provided to the SVP; and provide
status reports to the program specialist and/or case manager regarding the
SVP's compliance with the treatment and supervision requirements of the OSVPTP.
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 15, 2006.
TRD-200602721
Walter J. Meyer, M.D.
Chair
Council on Sex Offender Treatment
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §810.211
STATUTORY AUTHORITY
The proposed new section is authorized by Occupations Code, §110.158,
which requires the council to adopt rules consistent with this chapter and §110.159,
which requires the council to charge fees for issuing or renewing a license.
The proposed new section affects Occupations Code, Chapter 110.
§810.211.Biennial Examination.
(a)
The SVP who is civilly committed under the Act, §841.081,
shall receive a biennial examination conducted by an expert. The council shall
approve and contract for the services of an expert who will conduct a biennial
examination of the SVP. The expert shall not be the same expert who conducted
the initial examination of the SVP for civil commitment purposes. The expert
shall produce a written report within 90 days from the date of referral or
earlier if required by the court, which shall include the following:
(1)
SVP's name, identification number, and date of examination;
(2)
SVP's version and official version of the instant offense;
(3)
SVP's level of denial of the instant offense and denial
of deviant arousal or intent;
(4)
history of assessment utilized, method and description
of testing, and analysis of test data;
(5)
a background summary of the SVP's history including sexual
history, social history, birth/development, family marital, education, employment,
substance abuse, anger, suicide, psychiatric, and current psychiatric symptoms;
(6)
current mental status based on clinical observation and
diagnosis of mental illness as per the current Diagnostic and Statistical
Manual;
(7)
a treatment or supervision history and a description of
the SVP's history in an outpatient program;
(8)
a determination if the SVP's behavioral abnormality has
changed to the extent that the person is no longer likely to engage in a predatory
act of sexual violence;
(9)
the examiner's recommendation regarding the SVP's need
for civil commitment; and
(10)
expert's signature and title.
(b)
The report shall also include a consideration of whether
to modify a requirement imposed on the SVP under the Act, and/or whether to
release the SVP from all of the requirements imposed on the SVP under the
Act. The program specialist and/or case manager shall provide a report of
the SVP's compliance or non-compliance with treatment and supervision to the
judge having jurisdiction over the SVP's commitment, and to the council through
its Executive Director or designee.
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 15, 2006.
TRD-200602723
Walter J. Meyer, M.D.
Chair
Council on Sex Offender Treatment
Earliest possible date of adoption: June 25, 2006
For further information, please call: (512) 458-7111 x6972
twelve
] hours of continuing education, pursuant to Chapter 104 of this
title, completed within the twelve months immediately preceding the date of
application, of which a minimum of twelve hours must be clinical (hands-on).
Chapter 110.
ENTERAL CONSCIOUS SEDATION
every three years
] appropriate Continuing Education in
enteral conscious sedation
every three years
.
Chapter 113.
REQUIREMENTS FOR DENTAL OFFICES
Chapter 114.
EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS
except that any dental assistant certified
] under former
§
[
Rule
] 115.10 (now recodified as
§
[
Rule
] 114.10) prior to September 1, 2004
. This section shall expire
in its entirety on
[
shall not be required to register for certification
under Rule 114.2 until September 1, 2006, and shall continue to be governed
by Rule 114.10 until
] September 1, 2006.
standards of care, infection control, and the
applicable requirements of the Dental Practices Act and Board Rules.
]
Dental assistants shall select and participate in continuing
education courses offered by or endorsed by continuing education providers
listed in 22 TAC §104.2.
]
(iii)
No more than three hours
of the required continuing education coursework may be in self-study.]
Rule
]115.10, relating to the issuance of a certificate
of registration has been superseded by
§
[
Rule
]
114.2, relating to Registration of Dental Assistants
, and §114.20
. Accordingly:
Rule
]114.2;
Rule
]115.10) prior to September
1, 2004 shall not be required to register for certification under
§
[
Rule
]114.2 until September 1, 2006, and shall continue
to be governed by this
§
[
Rule
]114.10, until September
1, 2006; and,
180 days
].
Chapter 115
EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL HYGIENE
This term includes, but is not limited
to, the result of intra-oral use of any laser for any purpose including all
or part of a whitening process.
]
those
] duties
as
permitted by board rule in a long-term health care facility licensed
by the State of Texas
. All
[
, provided all such
] duties
performed
by the licensed hygienist
must be on [
the
]
patients of
record
[
records and
] under the supervision
and responsibility of a dentist
, except as provided by §115.5 of
this chapter (relating to Dental Hygienists Practicing in Long- Term Care
Facilities and School-Based Health Centers)
.
board
] as a proper location
prior to commencing
a dental
[
such
] procedure
at
[
in
] the location.
Chapter 116.
DENTAL LABORATORIES
Part 36.
COUNCIL ON SEX OFFENDER TREATMENT
Subchapter B. CRIMINAL BACKGROUND CHECK
Subchapter C. STANDARDS OF PRACTICE
Subchapter D. CODE OF PROFESSIONAL ETHICS
Subchapter E. GENERAL PROVISIONS
Subchapter F. CIVIL COMMITMENT
Subchapter G. CIVIL COMMITMENT CASE MANAGER AND TREATMENT PROVIDER DUTIES AND RESPONSIBILITIES
Subchapter H. CIVIL COMMITMENT REVIEW
Subchapter I. PETITION FOR RELEASE
Subchapter J. MISCELLANEOUS PROVISIONS
Subchapter A. LICENSED SEX OFFENDER TREATMENT PROVIDERS
Subchapter B. CRIMINAL BACKGROUND CHECK
Subchapter C. STANDARDS OF PRACTICE
Subchapter D. CODE OF PROFESSIONAL ETHICS
Subchapter E. CIVIL COMMITMENT GENERAL PROVISIONS
Subchapter F. CIVIL COMMITMENT
Subchapter G. CIVIL COMMITMENT PROGRAM SPECIALIST AND/OR CASE MANAGER AND TREATMENT PROVIDER DUTIES AND RESPONSIBILITIES
Subchapter H. CIVIL COMMITMENT REVIEW
Subchapter I. PETITION FOR RELEASE