Part 6.
TEXAS BOARD OF PROFESSIONAL ENGINEERS
Chapter 137.
COMPLIANCE AND PROFESSIONALISM
Subchapter C. PROFESSIONAL CONDUCT AND ETHICS
22 TAC §137.59
The Texas Board of Professional Engineers proposes an amendment
to §137.59, relating to Engineers' Actions Shall Be Competent. The proposed
amendment adds clarification to the rule by establishing what requirements
must be met to show competence when asked by the Board. These requirements
would be in response to a complaint filed with this agency against the licensed
professional engineer.
The proposed rule change adds the requirement that any licensed professional
engineer who is alleged to have practiced engineering in an area of competence
different than what is documented on Board records provide proof of competency.
The rule also sets out the evidence that the licensed engineer can provide
to the Board as proof of their competence.
It should be noted that this rule change is intended to provide guidance
for licensed professional engineers who are asked to respond to a competency-related
complaint filed with Board. While the Board's review and investigation of
a specific complaint may allow or approve the respondent engineer's proof
of competency with one or more of the described methods, the engineer would
not necessarily meet the requirements of §133.97(k), which allows for
changing or adding areas of discipline to Board records. Nor should that respondent
assume, for subsequent engineering services, that they are competent in that
challenged discipline.
C.W. Clark, P.E., Director of Compliance & Enforcement for the Board,
has determined that, for the first five-year period the proposed amendment
is in effect, there are no fiscal implications for the state or local government
as a result of enforcing or administering the section as amended. Mr. Clark
has determined that there is no additional cost to the agency or the licensees.
There is no effect on individuals required to comply with the rule as proposed.
There is no effect on small or micro businesses.
Mr. Clark also has determined that, for the first five years the proposed
amendment is in effect, the public benefit anticipated is a clarification
of the rule.
Comments may be submitted no later than 30 days after the publication of
this notice to C. W. Clark, P.E., Director of Compliance & Enforcement,
Texas Board of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741
or faxed at (512) 440-5715.
The amendment is proposed pursuant to the Texas Engineering Practice
Act, Occupations Code §1001.202, which authorizes the board to make and
enforce all rules and regulations and bylaws consistent with the Act as necessary
for the performance of its duties, the governance of its own, proceedings,
and the regulation of the practice of engineering in this state.
No other statutes, articles or codes are affected by the proposed amendment.
§137.59.Engineers' Actions Shall Be Competent.
(a)
Engineers shall practice only in their areas of competence.
If a licensed professional engineer is alleged to have practiced outside documented
areas of competency, as shown on their Board record, the engineer shall, if
requested by the Board, provide evidence of competence. Evidence of competence
may be demonstrated by submitting one or more of the following items for review
by the Board: a transcript showing a degree in the branch of engineering,
a supplementary experience record (SER) documenting an appropriate level of
experience as determined by the Board according to the criteria set out in §133.43
of this title (relating to Experience Evaluation) and validated by a licensed
professional engineer selected by the Board whose documented area of competence
is in the same branch of engineering, or verification of successful passage
of the examination on the principles and practice of engineering in the branch
of engineering.
(b) - (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 February 20, 2007.
TRD-200700627
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: April 8, 2007
For further information, please call: (512) 440-7723
Chapter 214.
VOCATIONAL NURSING EDUCATION
22 TAC §214.10
The Board of Nurse Examiners proposes amendments to §214.10
pertaining to Vocational Nursing Education. Section 214.10 specifically addresses
Management of Clinical Learning Experiences and Resources. The proposed amendment
is pertinent to Faculty-to-Student Ratio in Clinical Settings in Education
Programs. Concurrent with this proposal, the Board is proposing an amendment
to §215.10 which addresses faculty-to-student ratios in clinical settings
in professional nursing education programs.
The Board is currently under Sunset review. In a recent Sunset Committee
hearing, a committee member expressed concern that the clinical ratio of faculty-to-student
of 1:10 was too burdensome to teaching programs as required by Board rule.
It became evident to Staff and members of the Board that misunderstanding
exists in the options available to nursing education programs in the utilization
of preceptors in the clinical setting. By using preceptors, nursing education
programs can increase the faculty-to-student ratio to a maximum of 1:24. In
professional nursing programs, a teaching assistant with a faculty member
in the clinical setting can increase the ratio to 1:15.
To allay any confusion, the Board proposes amendments to the professional
and vocational nursing education rules by reorganizing the rules applicable
to this issue in a more easily comprehensible format. The Advisory Committee
on Education met on February 2, 2007, and made additional recommendations,
as follows: §214.10(k) and §215.10(e) be revised to clarify that
the existing ratios only apply to clinical learning experiences involving
direct patient care; §215.10(d)(2)(A) - (B) in the current rule be deleted
to clarify that ratios in the non-direct care patient settings are at a program's
discretion; and §215.10(h)(8), as proposed, be modified to allow non-BSN
prepared nurses to be paired with a Master's Degree (MSN) prepared faculty
member as a clinical teaching assistant. These changes should allow greater
latitude for nursing programs to implement innovative clinical supervision
strategies.
Katherine Thomas, Executive Director, has determined that for the first
five-year period the proposed amendments are adopted there will be no additional
fiscal implications for state or local government as a result of implementing
the proposed amendments
Ms. Thomas has also determined that for each year of the first five years
the proposed amendments are adopted, the public benefit will be that the amendments
will allow nursing programs to implement innovative clinical supervision strategies.
There will not be any foreseeable effect on small businesses. There are no
anticipated costs to affected individuals as a result of the implementation
of this proposed amendment.
Written comments on the proposal may be submitted to Katherine A. Thomas,
MN, RN, Executive Director, Board of Nurse Examiners, 333 Guadalupe, Suite
3-460, Austin, Texas 78701, or by facsimile to (512) 305-8101, or by email
to joy.sparks@bne.state.tx.us.
The proposed amendments are pursuant to the authority of Texas
Occupations Code §301.157 and §301.151 which authorizes the Board
of Nurse Examiners to adopt, enforce, and repeal rules consistent with its
legislative authority under the Nursing Practice Act.
No statutes, articles, or codes are affected by this proposed amendment.
§214.10.Management of Clinical Learning Experiences and Resource.
(a) - (i)
(No changes.)
(j)
The faculty member shall be responsible for the supervision
of students in clinical learning experiences.
(k)
The following ratios only apply to clinical
learning experiences involving direct patient care:
(1)
When a faculty member is the only person officially responsible
for a clinical group, then the group shall total no more than ten (10) students.
Patient safety shall be a priority and may mandate lower ratios, as appropriate.
The faculty member shall supervise that group in only one facility at a time,
unless some portion or all of the clinical group are assigned to observational
experiences in additional settings.
(2)
Direct faculty supervision is not required for an observational
experience. Observational experiences may be used to supplement, but not replace
patient care experiences, and must serve the purpose of student attainment
of clinical objectives.
(l)
Clinical preceptors may be used to enhance
clinical learning experiences after a student has received clinical and didactic
instruction in all basic areas of nursing or within a course after a student
has received clinical and didactic instruction in the basic areas of nursing
for that course or specific learning experience.
(1)
In courses which use clinical preceptors
for a portion of clinical learning experiences, faculty shall have no more
than twelve (12) students in a clinical group.
(2)
In a course which uses clinical preceptors
as the sole method of student instruction and supervision in clinical settings,
faculty shall coordinate the preceptorship for no more than twenty-four (24)
students.
(3)
The preceptor may supervise student clinical
learning experiences without the physical presence of the faculty member in
the affiliating agency or clinical practice setting.
(4)
The preceptor shall be responsible for
the clinical learning experiences of no more than two students (2) at a time
per clinical group.
(m)
[
(1)
Faculty shall develop written criteria for the selection
of clinical preceptors.
(2)
When clinical preceptors are used, written agreements between
the vocational nursing education program, clinical preceptor, and the affiliating
agency, when applicable, shall delineate the functions and responsibilities
of the parties involved.
(3)
Faculty shall be readily available to students and clinical
preceptors during clinical learning experiences.
(4)
The designated faculty member shall meet periodically with
the clinical preceptors and student(s) for the purpose of monitoring and evaluating
learning experiences.
(5)
Written clinical objectives, evaluation criteria, and written
description of expectations shall be shared with the clinical preceptors prior
to or concurrent with the experience.
[
[
[
[
[
(6)
[
(7)
[
(A)
competence in designated areas of practice;
(B)
philosophy of health care congruent with that of the nursing
program; and
(C)
current licensure or privilege to practice nursing in the
State of Texas.
(n)
[
(o)
[
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 February 22, 2007.
TRD-200700696
Katherine A. Thomas, MN, RN
Executive Director
Board of Nurse Examiners
Earliest possible date of adoption: April 8, 2007
For further information, please call: (512) 305-6823
22 TAC §215.10
The Board of Nurse Examiners proposes amendments to §215.10
pertaining to Professional Nursing Education. Section 215.10 specifically
addresses Management of Clinical Learning Experiences and Resources. The proposed
amendment is pertinent to faculty-to-student ratios in clinical settings in
professional nursing education programs. Concurrent with this proposal, the
Board is proposing an amendment to §214.10 which addresses faculty-to-student
ratios in clinical settings in vocational nursing education programs.
The Board is currently under Sunset review. In a recent Sunset Committee
hearing, a committee member expressed concern that the clinical ratio of faculty-to-student
of 1:10 was too burdensome to teaching programs as required by Board rule.
It became evident to Staff and members of the Board that misunderstanding
exists in the options available to nursing education programs in the utilization
of preceptors in the clinical setting. By using preceptors, nursing education
programs can increase the faculty-to-student ratio to a maximum of 1:24. In
professional nursing programs, a teaching assistant with a faculty member
in the clinical setting can increase the ratio to 1:15.
To allay any confusion, the Board proposes amendments to the professional
and vocational nursing education rules by reorganizing the rules applicable
to this issue in a more easily comprehensible format. The Advisory Committee
on Education met on February 2, 2007, and made additional recommendations,
as follows: §214.10(k) and §215.10(e) be revised to clarify that
the existing ratios only apply to clinical learning experiences involving
direct patient care; §215.10(d)(2)(A) - (B) be deleted to clarify that
ratios in the non-direct care patient settings are at a program's discretion;
and §215.10(h)(8), as proposed, be modified to allow non-BSN prepared
nurses to be paired with a Master's Degree (MSN) prepared faculty member as
a clinical teaching assistant. These changes should allow greater latitude
for nursing programs to implement innovative clinical supervision strategies.
Katherine A. Thomas, MN, RN, Executive Director, has determined that for
the first five-year period the proposed amendments are in effect there will
be no additional fiscal implications for state or local government as a result
of implementing the proposed amendments.
Ms. Thomas has also determined that for each year of the first five years
the proposed amendments are in effect, the public benefit will be that the
amendments will allow nursing programs to implement innovative clinical supervision
strategies. There will not be any foreseeable effect on small businesses.
There are no anticipated costs to affected individuals as a result of the
implementation of the proposed amendments.
Written comments on the proposal may be submitted to Katherine A. Thomas,
MN, RN, Executive Director, Board of Nurse Examiners, 333 Guadalupe, Suite
3-460, Austin, Texas 78701, or by facsimile to (512) 305-8101, or by e-mail
to joy.sparks@bne.state.tx.us.
The amendments are proposed pursuant to the authority of Texas
Occupations Code §301.151 and §301.157 which authorizes the Board
of Nurse Examiners to adopt, enforce, and repeal rules consistent with its
legislative authority under the Nursing Practice Act.
No statutes, articles, or codes are affected by the proposed amendments.
§215.10.Management of Clinical Learning Experiences and Resources.
(a) - (c)
(No change.)
(d)
The faculty member shall be responsible for the supervision
of students in clinical learning experiences.
(e)
The following ratios only apply to clinical
learning experiences involving direct patient care:
(1)
When a faculty member is the only person officially responsible
for a clinical group, the group shall total no more than ten (10) students.
Patient safety shall be a priority and may mandate lower ratios, as appropriate.
The faculty member shall supervise that group in only one facility at a time,
unless some portion or all of the clinical group are assigned to observational
experiences in additional settings.
(2)
Direct faculty supervision is not required for an observational
experience.
[(A)
Observational experiences may be used
to supplement, but not replace patient care experiences, and must serve the
purpose of student attainment of clinical objectives.]
[(B)
Observational experiences shall comprise
no more than 20% of the clinical contact hours for a course and no more than
10% of the clinical contact hours for the program of study.]
(f)
Clinical preceptors may be used to enhance
clinical learning experiences after a student has received clinical and didactic
instruction in all basic areas of nursing or within a course after a student
has received clinical and didactic instruction in the basic areas of nursing
for that course or specific learning experience.
(1)
In courses which use clinical preceptors for a portion
of clinical learning experiences, faculty shall have no more than twelve (12)
students in a clinical group.
(2)
In a course which uses clinical preceptors as the sole
method of student instruction and supervision in clinical settings, faculty
shall coordinate the preceptorship for no more than twenty-four (24) students.
(3)
The preceptor may supervise student clinical learning experiences
without the physical presence of the faculty member in the affiliating agency
or clinical practice setting.
(4)
The preceptor shall be responsible for the clinical learning
experiences of no more than two (2) students at a time per clinical group.
(g)
Clinical teaching assistants may assist
qualified, experienced faculty with clinical learning experiences.
(1)
In clinical learning experiences where a faculty member
is supported by a clinical teaching assistant, the ratio of faculty to students
shall not exceed two (2) to fifteen (15) (one faculty plus one clinical teaching
assistant to fifteen students).
(2)
Clinical teaching assistants shall supervise student clinical
learning experiences only when the qualified and experienced faculty member
is physically present in the affiliating agency or alternative practice setting.
(h)
[
(1)
Faculty shall develop written criteria for the selection
of clinical preceptors and clinical teaching assistants.
(2)
When clinical preceptors or clinical teaching assistants
are used, written agreements between the professional nursing education program,
clinical preceptor or clinical teaching assistant, and the affiliating agency,
when applicable, shall delineate the functions and responsibilities of the
parties involved.
(3)
Faculty shall be readily available to students and clinical
preceptors or clinical teaching assistants during clinical learning experiences.
(4)
The designated faculty member shall meet periodically with
the clinical preceptors or clinical teaching assistants and student(s) for
the purpose of monitoring and evaluating learning experiences.
(5)
Written clinical objectives shall be shared with the clinical
preceptors or clinical teaching assistants prior to or concurrent with the
experience.
[
[(1)
In courses which use clinical preceptors
for a portion of clinical learning experiences, faculty shall have no more
than 12 students in a clinical group.]
[(2)
In a course which uses clinical preceptors
as the sole method of student instruction and supervision in clinical settings,
faculty shall coordinate the preceptorship for no more than 24 students.]
[(3)
The preceptor may supervise student clinical
learning experiences without the physical presence of the faculty member in
the affiliating agency or clinical practice setting.]
[(4)
The preceptor shall be responsible for
the clinical learning experiences of no more than two students per clinical
day.]
(6)
[
(A)
competence in designated areas of practice;
(B)
philosophy of health care congruent with that of the nursing
program; and
(C)
current licensure or privilege as a registered nurse in
the State of Texas; or
(D)
if not a registered nurse, a current license in Texas as
a health care professional with a minimum of a bachelor's degree in that field.
[
[(1)
In clinical learning experiences where
a faculty member is supported by a clinical teaching assistant, the ratio
of faculty to students shall not exceed 2:15 (faculty plus clinical teaching
assistant:student).]
[(2)
Clinical teaching assistants shall supervise
student clinical learning experiences only when the qualified and experienced
faculty member is physically present in the affiliating agency or alternative
practice setting.]
(7)
[
(8)
[
(A)
hold a current license or privilege to practice as a registered
nurse in the State of Texas;
and
[(B)
hold a bachelor's degree in nursing from
an accredited baccalaureate program in nursing; and]
(B)
[
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 February 22, 2007.
TRD-200700698
Katherine A. Thomas, MN, RN
Executive Director
Board of Nurse Examiners
Earliest possible date of adoption: April 8, 2007
For further information, please call: (512) 305-6823
Chapter 461.
GENERAL RULINGS
22 TAC §461.16
The Texas State Board of Examiners of Psychologists proposes
new §461.16, concerning Inaccurate and False Information in Licensure
Application/Documentation and for Annual Licensure Renewal Application/Documentation.
The new section is proposed to clearly state that it is a violation of rules
to provide inaccurate or false information on an application for licensure
or renewal.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the new section is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the proposed
section.
Ms. Lee also has determined that for each year of the first five years
the new section is in effect the public benefit anticipated as a result of
enforcing the section will be to help the Board protect the public. There
will be no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas
78701, (512) 305-7700.
The new section is proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
No other codes, articles or statutes are affected by this section.
§461.16.Inaccurate and False Information in Licensure Application/Documentation and for Annual Licensure Renewal Application/Documentation.
(a)
Applicants. Applicants are prohibited from providing inaccurate
or false information in their applications and required documentation for
licensure. For an infraction of this type, the Board may agree to process
the application pursuant to an eligibility order. For a serious infraction
of this type that could lead to licensure of an unqualified person, the Board
may deny licensure.
(b)
Licensees. The Board will file a complaint against a licensee
for alleged errors in or falsification of an application for licensure or
required documentation for licensure or of an annual renewal application and
required renewal documentation, including continuing education documentation.
For an infraction that led to the licensure or annual renewal of an unqualified
person, the Board may revoke the license or disallow renewal of the license.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 20, 2007.
TRD-200700642
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 8, 2007
For further information, please call: (512) 305-7706
22 TAC §465.1
The Texas State Board of Examiners of Psychologists proposes
amendments to §465.1, concerning Definitions. The amendments are proposed
to make grammatical corrections in the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the amendments will be in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
proposed amendments.
Ms. Lee also has determined that for each year of the first five years
the amendments are in effect the public benefit anticipated as a result of
enforcing the amended section will be to help the Board protect the public.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the amendments as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
No other codes, articles or statutes are affected by this proposal.
§465.1.Definitions.
The following terms have the following meanings:
(1)
(No change.)
(2)
"Dual Relationship" means a situation where a licensee
and another individual have both a professional relationship and a non-professional
relationship. Dual relationships include, but are not limited to, personal
friendships, business or financial interactions, mutual club or social group
activities, family or marital ties
,
or sexual relationships.
(3)
"Forensic psychology" is the provision of psychological
services involving a court of law or the legal system. The provision of forensic
psychological services includes any and all preliminary and exploratory services,
testing, assessments, evaluations, interviews, examinations, depositions,
oral or written reports, live or recorded testimony, or any psychological
service provided by a licensee concerning a current or potential legal case
at the request of a party or potential party, an attorney for a party, or
a court, or any other individual or entity, regardless of whether the licensee
ultimately provides a report or testimony that is utilized in a
legal
proceeding
[
(4)
"Informed Consent" means the
written
documented
consent of the patient, client and other recipients of psychological services
only after the patient, client or other recipient has been made aware of the
purpose and nature of the services to be provided, including but not limited
to: the specific goals of the services; the procedures to be utilized to deliver
the services; possible side effects of the services, if applicable; alternate
choices to the services, if applicable; the possible duration of the services;
the confidentiality of and relevant limits thereto; all financial policies,
including the cost and methods of payment; and any provisions for cancellation
of and payments for missed appointments; and right of access of the patient,
client or other recipient to the records of the services.
(5)
"Licensee" means a licensed psychologist, provisionally
licensed psychologist, licensed psychological associate, licensed specialist
in school psychology, applicants to the Board, and any other individual [
(6) - (10)
(No change.)
(11)
"Recognized member of the clergy," as used in Section
501.004(a)(4) of the Act, means a member in good standing of and accountable
to a [
(12) - (14)
(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 February 20, 2007.
TRD-200700641
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 8, 2007
For further information, please call: (512) 305-7706
22 TAC §465.4
The Texas State Board of Examiners of Psychologists proposes
amendments to §465.4, concerning Employment of Individuals Not Licensed
by this Board. The amendments are proposed to make grammatical corrections
in the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the amendments are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the proposed
amendments.
Ms. Lee also has determined that for each year of the first five years
the amendments are in effect the public benefit anticipated as a result of
enforcing the amended section will be to help the Board protect the public.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the amendments as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
No other codes, articles or statutes are affected by this proposal.
§465.4.Employment of Individuals Not Licensed by This Board.
(a)
(No change.)
(b)
Unlicensed, Non-Exempt Individuals. Psychologists may employ
unlicensed, non-exempt individuals only to perform services which do not constitute
the practice of psychology or the activities and services of another licensed
profession. Permissible duties include:
(1)
Secretarial and clerical duties such as scheduling appointments
or processing insurance forms
;
[
(2)
Data gathering, such as administering, proctoring, or scoring
non-projective tests, obtaining histories or obtaining documentation for record
keeping purposes, provided that it does not require psychological education
or involve the provision of psychological services
; and
[
(3)
(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 February 20, 2007.
TRD-200700640
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 8, 2007
For further information, please call: (512) 305-7706
22 TAC §465.5
The Texas State Board of Examiners of Psychologists proposes
amendments to §465.5, concerning Practice in Psychology. The amendments
are proposed to clarify the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the amendments are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the proposed
amendments.
Ms. Lee also has determined that for each year of the first five years
the amendments are in effect the public benefit anticipated as a result of
enforcing the amended section will be to help the Board protect the public.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the amendments as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
No other codes, articles or statutes are affected by this proposal.
§465.5.Practice in Psychology.
(a)
Multiple Licensure. [
(1)
Multiple licenses regulated by the Board
are treated as one for purposes of Board discipline. Any complaint or disciplinary
action under these rules is directed to the licensee's psychology practice
as a whole, and applies to all Board-issued licenses held by a licensee.
(2)
Multiple licenses including those governed
by other entities. Licensees offering services outside the practice of psychology
must avoid confusing or misleading clients by clearly identifying the license(s)
under which services are being delivered. If a licensee holds more than one
active license under which the licensee provides such services as counseling
and psychotherapy in addition to psychological services, the licensee must
obtain documented informed consent showing that the patient understands which
license governs which services delivered to the patient at all times.
(b)
Practice of Psychology. The
following
[
(1) - (7)
(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 February 20, 2007.
TRD-200700639
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 8, 2007
For further information, please call: (512) 305-7706
22 TAC §465.6
The Texas State Board of Examiners of Psychologists proposes
amendments to §465.6, concerning Listings, Public Statements and Advertisements,
Solicitations, and Specialty Titles. The amendments are proposed to make technical
corrections to the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the amendments are and effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
proposed amendments.
Ms. Lee also has determined that for each year of the first five years
the amendments are in effect the public benefit anticipated as a result of
enforcing the amended section will be to help the Board protect the public.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the amendments as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
No other codes, articles or statutes are affected by this proposal.
§465.6.Listings, Public Statements and Advertisements, Solicitations, and Specialty Titles.
(a)
Listings.
(1) - (2)
(No change.)
(3)
Only licensed
psychologists
[
(b) - (c)
(No change.)
(d)
Specialty Titles. A psychologist may use a specialty title
only when one of the following criteria have been met:
(1) - (3)
(No change.)
(4)
Certification or approval or
specialist
[
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 February 20, 2007.
TRD-200700638
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 8, 2007
For further information, please call: (512) 305-7706
22 TAC §465.7
The Texas State Board of Examiners of Psychologists proposes
amendments to §465.7, concerning Display of License/Renewal Permit. The
amendments are proposed to clarify the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the amendments are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the proposed
amendments.
Ms. Lee also has determined that for each year of the first five years
the amendments are in effect the public benefit anticipated as a result of
enforcing the amended section will be to help the Board protect the public.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the amendments as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
No other codes, articles or statutes are affected by this proposal.
§465.7.Display of License/Renewal Permit.
Licensees must display the original license or an official duplicate
issued by the Board and the current renewal permit in a conspicuous place
in the principle office where the licensee practices.
No unauthorized
reproduction may be substituted or displayed.
[
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 February 20, 2007.
TRD-200700637
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 8, 2007
For further information, please call: (512) 305-7706
22 TAC §465.9
The Texas State Board of Examiners of Psychologists proposes
amendments to §465.9, concerning Competency. The amendments are proposed
to clarify the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the amendments are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the proposed
amendments.
Ms. Lee also has determined that for each year of the first five years
the amendments are in effect the public benefit anticipated as a result of
enforcing the amended section will be to help the Board protect the public.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the amendments as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
No other codes, articles or statutes are affected by this proposal.
§465.9.Competency.
(a) - (b)
(No change.)
(c)
Licensees maintain current knowledge of scientific and
professional information that ensures competency in
every
[
(d) - (i)
(No change.)
(j)
Licensees refrain from initiating or continuing to undertake
an activity when they know or should know that there is a substantial likelihood
that personal problems or conflicts will prevent them from performing their
work-related activities or producing a psychological
report
[
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 February 20, 2007.
TRD-200700636
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 8, 2007
For further information, please call: (512) 305-7706
22 TAC §465.22
The Texas State Board of Examiners of Psychologists proposes
amendments to §465.22, concerning Psychological Records, Test Data and
Test Protocols. The amendments are proposed to clarify the rule to state that
falsifying patient records and reports is prohibited.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the amendments are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the proposed
amendments.
Ms. Lee also has determined that for each year of the first five years
the amendments are in effect the public benefit anticipated as a result of
enforcing the amended section will be to help the Board protect the public.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the amendments as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
No other codes, articles or statutes are affected by this proposal.
§465.22.Psychological Records, Test Data and Test Protocols.
(a)
General Requirements.
(1) - (6)
(No change.)
(7)
Licensees are prohibited from falsifying,
altering, fabricating, or back-dating patient records and reports.
(b) - (e)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 20, 2007.
TRD-200700635
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 8, 2007
For further information, please call: (512) 305-7706
22 TAC §470.21
The Texas State Board of Examiners of Psychologists proposes
amendments to §470.21, Disciplinary Guidelines. These amendments make
the rule consistent with §470.22(b)(4) concerning revocation for licensure
for fraud in obtaining a license.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the amendments are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the proposed
amendments.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to help the Board protect the public. There will be no effect
on small businesses. There is no anticipated economic cost to persons who
are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
No other code, articles or statutes are affected by this section.
§470.21.Disciplinary Guidelines.
(a)
Purpose. The Purpose of the guidelines is to:
(1)
Provide guidance and a framework of analysis for administrative
law judges in the making of recommendations in contested licensure and disciplinary
matters;
(2)
Promote consistency in the exercise of sound discretion
by the Board in the imposition of sanctions in disciplinary matters; and,
(3)
Provide guidance for the resolution of potentially contested
matters.
(b)
Limitations. The Board [
(c)
Revocation. The Board shall revoke the license of any licensee
if the Board determines that the continued practice of psychology by the licensee
poses a harm to the public. Licensees who violate the following Board rules
shall be subject to revocation without reference to subsections (e) through
(g) of this section:
(1)
§465.13(b)(3) and (b)(6) pertaining to certain forms
of sexual impropriety with current patients;
(2)
§465.33(d) as it pertains to sexual relations, defined
in §465.33(c), with current patients; and
(3)
§469.7
(d)(1)(A)
[
(4)
§461.16 as it pertains
to serious falsification of an application or documentation to obtain a license
or renewal, and therefore fraud in obtaining a license.
(d) - (g)
(No change).
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 20, 2007.
TRD-200700634
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 8, 2007
For further information, please call: (512) 305-7706
22 TAC §473.7
The Texas State Board of Examiners of Psychologists proposes
amendments to §473.7, Penalties. These amendments clarify the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the amendments are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the proposed
amendments.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to help the Board protect the public. There will be no effect
on small businesses. There is no anticipated economic cost to persons who
are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
No other code, articles or statutes are affected by this section.
§473.7.Penalties.
(a)
Continuing education noncompliance--$250
; and
(b)
Disciplinary penalties (Refer
to Rule 470.22).
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 February 20, 2007.
TRD-200700633
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 8, 2007
For further information, please call: (512) 305-7706
Chapter 573.
RULES OF PROFESSIONAL CONDUCT
Subchapter G. OTHER PROVISIONS
22 TAC §573.77
The Texas Board of Veterinary Medical Examiners ("Board")
proposes new §573.77, concerning Cease and Desist Procedures. The section
reflects amendments by the 79th Legislature to the Veterinary Licensing Act
(Chapter 801, Occupations Code), which authorize the Board to issue a cease
and desist order to a person who is found to be engaging in the practice of
veterinary medicine without a license. The new section allows the Board to
consider complaints about the unauthorized practice of veterinary medicine
that are not submitted on a standard complaint form as required by Board Rule, §575.27
(22 TAC §575.27). However, some form of written documentation is required.
This documentation may be no more than a notation of a telephone conversation
with the potential violator, or a business card indicating the illegal practice.
With this information in hand, the Board can then investigate the complaint
further to determine if it has merit. The complaint is forwarded to a staff
committee of the Board which may draft a cease and desist order to the offender.
If the offender wishes to decline the order, the complaint will be referred
to an informal conference. If as a result of the informal conference a cease
and desist order is determined to be necessary, the order will be forwarded
to the offender, who may sign or decline to sign it. If he declines, the Board
may refer the complaint to the State Office of Administrative Hearing for
a contested case hearing and proposal for decision from the administrative
law judge.
Dewey Helmcamp, Executive Director, has determined that for the first five-year
period the new section is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the section.
Mr. Helmcamp has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be to provide a procedure that will result in more aggressive
prosecution of persons who engage in practices that constitute the practice
of veterinary medicine without a license. Increased protection of the public
from unqualified veterinary medicine practitioners will result from implementation
of this section. There will be no effect on small or micro businesses. There
will be no economic cost to persons required to comply with the section as
proposed, except to those persons identified as illegal practitioners will
incur some expense in defending against complaints brought against them.
Comments on the proposed new section may be submitted in writing to Lee
Mathews, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite
3-810, Austin, Texas 78701, phone (512) 305-7555, fax (512) 305-7556, e-mail
vet.board@tbvme.state.tx.us and will be accepted for 30 days following publication
of the proposal in the
Texas Register
.
The new section is proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, §801.151(a) which states that
the Board may adopt rules necessary to administer the chapter.
The new section affects the Texas Occupations Code, §801.508, relating
to cease and desist orders.
§573.77.Cease and Desist Procedures.
(a)
Purpose. The purpose of a cease and desist proceeding is
to determine whether a person has engaged in acts or practices that constitute
the practice of veterinary medicine without a license ("respondent") in violation
of Chapter 801 of the Occupations Code ("Veterinary Licensing Act") and whether
the Board should issue a cease and desist order in accordance with the Veterinary
Licensing Act, §801.508.
(b)
Form of Complaint. Notwithstanding §575.27 of this
title to the contrary, a complaint of someone practicing veterinary medicine
without a license does not have to be submitted on a complaint form utilized
by the Board. However, a complainant must submit some form of written documentation
to the Board.
(c)
Staff Committee Action.
(1)
Upon the Board's receipt of a complaint and after a determination
that a respondent may have engaged in the unlicensed practice of veterinary
medicine, a staff committee as defined in §575.27 of this title may propose
an agreed cease and desist order ("the order") to be presented to the respondent.
(2)
If the respondent signs the order, it shall be effective
and enforceable against the respondent upon receipt by the Board, but it shall
not become final until approved by the Board.
(d)
Informal Conference.
(1)
If the Respondent chooses not to sign the order and requests
a conference, or if the respondent does not respond after receipt of the order,
the complaint shall be referred to an informal conference as defined by §575.27
of this title. If the conference committee determines that a violation of
the Veterinary Licensing Act has occurred, it may propose a agreed cease and
desist order with such settlement terms as it considers appropriate.
(2)
If the respondent declines to sign the order, the Board
may refer the complaint and investigative file to the State Office of Administrative
Hearings for a contested case proceeding. Following the proceeding and issuance
of a proposal for decision by the administrative law judge, the Board may
take such action as appropriate.
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 February 16, 2007.
TRD-200700595
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 14, 2007
For further information, please call: (512) 305-7555
22 TAC §575.25
The Texas Board of Veterinary Medical Examiners ("Board")
proposes amendments to §575.25, concerning Recommended Schedule of Sanctions.
The section reflects amendments by the 79th Legislature to the Veterinary
Licensing Act (Chapter 801, Occupations Code), which allow the Board to determine
from a statutory menu of penalties the appropriate penalty to assess, depending
on the seriousness of the offense, in cases where a license holder has been
convicted of a felony under §485.032 (renumbered by the Legislature from §485.033),
Chapter 481 (relating to controlled substances), or Chapter 483 (relating
to dangerous drugs) of the Health and Safety Code. Previously, the Board was
required to suspend a licensee's license upon a felony conviction under these
statutes. The amended section allows the Board to exercise its discretion
in determining the licensee's penalty, which may include a reprimand, an administrative
penalty, suspension of license, probation of suspension, and revocation of
license.
Section 575.25 contains a schedule of penalties depending on whether an
offense is considered a Class A, B, or C offense. Class A offenses are the
most serious, and include conviction of a felony. Class A offenses carry a
maximum penalty of license revocation. Lesser penalties, such as suspension
and probation of suspension, are by definition possible penalties. By including
in Class A convictions under §483.032 and Chapters 481 and 483 of the
Health and Safety Code, all of the range of penalties specified in Chapter
801 of the Occupations Code are available to the Board when a felony conviction
is involved.
Dewey Helmcamp, Executive Director, has determined that for the first five-year
period the amended section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Mr. Helmcamp has also determined that for each year of the first five years
the amendments are in effect the public benefit anticipated as a result of
enforcing the amended section will be to assure that penalties are assessed
in relation to the severity of the offense involved. A veterinarian's license
is not automatically suspended for a less serious offense. There will be no
effect on small or micro businesses. There will be no economic cost to persons
required to comply with the amended section as proposed.
Comments on the proposed amendments may be submitted in writing to Lee
Mathews, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite
3-810, Austin, Texas 78701, phone (512) 305-7555, fax (512) 305-7556, e-mail
vet.board@tbvme.state.tx.us and will be accepted for 30 days following publication
of the proposal in the
Texas Register
.
The amendments are proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, §801.151(a) which states that
the Board may adopt rules necessary to administer the chapter.
The amendments affect the Texas Occupations Code, §801.406, relating
to disciplinary actions for certain felony convictions.
§575.25.Recommended Schedule of Sanctions.
(a)
Class A violations. Licensees considered as presenting
imminent peril to the public will be considered Class A violations. In determining
whether a violation is a Class A, consideration will be given to the disposition
of any previously docketed cases, and to the combination of charges which
might involve Class B and/or C violations.
(1)
Class A violations may include, but are not limited to:
(A)
conviction of a felony
, including a felony conviction
under the Health and Safety Code, §485.032 (formerly numbered §485.033)
relating to Delivery of an Abusable Volatile Chemical to a Minor, or Chapters
481 relating to Controlled Substances, or Chapter 483 relating to Dangerous
Drugs
;
(B) - (I)
(No change.)
(2) - (3)
(No change.)
(b) - (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 February 16, 2007.
TRD-200700596
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 14, 2007
For further information, please call: (512) 305-7555
Subchapter A. BOARD MEMBERS AND MEETINGS--DUTIES
Part 11.
BOARD OF NURSE EXAMINERS
(k)
]
When faculty
[
Faculty may
] use clinical preceptors to enhance clinical learning experiences
and to assist faculty in the clinical supervision of students
the following
applies:
[
.
]
(l)
Clinical preceptors may be used to enhance
clinical learning experiences after a student has received clinical and didactic
instruction in all basic areas of nursing or within a course after a student
has received clinical and didactic instruction in the basic areas of nursing
for that course or specific learning experience.
]
(1)
In courses which use clinical preceptors
for a portion of clinical learning experiences, faculty shall have no more
than 12 students in a clinical group.
]
(2)
In a course which uses clinical preceptors
as the sole method of student instruction and supervision in clinical settings,
faculty shall coordinate the preceptorship for no more than 24 students.
]
(3)
The preceptor may supervise student clinical
learning experiences without the physical presence of the faculty member in
the affiliating agency or clinical practice setting.
]
(4)
The preceptor shall be responsible for
the clinical learning experiences of no more than two students per clinical
day.
]
(5)
] The preceptor shall be accountable
for evaluating the student using clinical objectives developed by vocational
nursing faculty.
(6)
] Clinical preceptors shall
have the following qualifications:
(m)
] The total weekly schedule throughout
the length of the program shall not exceed 40 hours per week including both
class and clinical practice hours. Class and clinical practice hours shall
be continuous. Students shall be assigned two consecutive non-class days off
each week.
(n)
] Programs shall not permit utilization
of students for health care facility staffing.
Chapter 215.
PROFESSIONAL NURSING EDUCATION
(e)
]
When faculty
[
Faculty may
] use clinical preceptors or clinical teaching assistants
to enhance clinical learning experiences and to assist faculty in the clinical
supervision of students
the following applies:
[
.
]
(f)
Clinical preceptors may be used to enhance
clinical learning experiences after a student has received clinical and didactic
instruction in all basic areas of nursing or within a course after a student
has received clinical and didactic instruction in the basic areas of nursing
for that course or specific learning experience.
]
(5)
] Clinical preceptors shall have
the following qualifications:
(g)
Clinical teaching assistants may assist
qualified, experienced faculty with clinical learning experiences.
]
(3)
] When acting as a clinical teaching
assistant, the RN shall not be responsible for other staff duties, such as
supervising other personnel and/or patient care.
(4)
] Clinical teaching assistants
shall meet the following criteria:
(C)
] have the clinical expertise
to function effectively and safely in the designated area of teaching.
Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
Chapter 465.
RULES OF PRACTICE
trial or hearing
].
over
] whom the Board has the authority to discipline under these Rules.
legally recognized
] denomination, church, sect or religious
organization legally recognized under the Internal Revenue Code, Section 501(c)(3).
.
]
.
]
Individuals may provide services
allowed under the definition of practice of any active license(s) they hold.
If a service such as, but not limited to, psychotherapy and family counseling,
is allowed under more than one license, individuals may use those licenses
simultaneously in treating a client. However, a licensee of the Board is liable
for any service considered to be the practice of psychology, regardless of
any other license the individual may be using. Similarly, if the licensee
holds two licenses with this Board, any complaint or disciplinary action is
directed to the licensee's psychology practice as a whole, as opposed to one
or the other license. Additionally, individuals offering services outside
the practice of psychology must avoid confusing or misleading clients by clearly
identifying the license(s) under which services are being delivered.
]
Following
] activities are covered by the definition of the "provision
of psychological services" in Board Rule §465.1(10). This list is not
intended to be exhaustive, but includes examples of the activities that, when
performed by a licensee, are subject to Board Rules:
psychologist
] may be listed in telephone directories under the title of "Psychologists."
diplomat
] status has been granted by a professional, refereed board,
provided that the licensee indicates the name of the board which granted the
title and that the individual's status with the specialty board is current
and in good standing. Use of the term "Board Certified" or "Board Approved"
or any similar words or phrases calculated to convey the same meaning shall
constitute misleading or deceptive advertising, unless the licensee discloses
the complete name of the specialty board that conferred the aforementioned
specialty title, certification, approval, or
specialist
[
diplomat
] status.
Any reproduction
displayed in lieu of those cited in this section is unauthorized by the Board.
] Licensees who provide psychological services through the internet
shall display an image of their current license/renewal permit in a prominent
and easily accessible location on their website.
any
] area in which they provide services.
end product
] in a competent and timely manner. When licensees become
aware of such conflicts, they must immediately take appropriate measures,
such as obtaining professional consultation or assistance in order to determine
whether they should limit, suspend, or terminate the engagement in accordance
with Board Rule 465.21.
Chapter 470.
ADMINISTRATIVE PROCEDURE
board
] shall render
the final decision in a contested case and has the responsibility to assess
sanctions against licensees who are found to have violated the Act. The
Board
[
board
] welcomes recommendations of administrative
law judges as to the sanctions to be imposed, but the
Board
[
board
] is not bound by such recommendations. A sanction should be consistent
with sanctions imposed in other similar cases and should reflect the
Board's
[
board's
] determination of the seriousness of the
violation and the sanction required to deter future violations. A determination
of the appropriate sanction is reserved to the board. The appropriate sanction
is not a proper finding of fact or conclusion of law. This chapter shall be
construed and applied so as to preserve
the Board's
[
board
member
] discretion in the imposition of sanctions and remedial measures
pursuant to the Act's provisions related to methods of discipline and administrative
penalties. This chapter shall be further construed and applied so as to be
consistent with the Act, and shall be limited to the extent as otherwise prescribed
by statute and
Board
[
board
] rule.
(d)(5), (d)(8), and
(d)(10)
] pertaining to
offenses against the person (for example,
homicide, kidnapping, sexual offenses, and assaultive offenses)
[
certain felony convictions and judgments
].
Chapter 473.
FEES
Part 24.
TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
Chapter 575.
PRACTICE AND PROCEDURE
Chapter 577.
GENERAL ADMINISTRATIVE DUTIES