Part 21. TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
The Texas State Board of Examiners of Psychologists proposes amendments to §461.11, concerning Continuing Education. The amendments are being proposed to assist in ensuring the competency of licensees to serve the changing populations of this state.
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 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, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§461.11.Continuing Education.
(a) Requirements. All licensees of the Board are obligated to continue their professional education by completing a minimum of 12 hours of continuing education during each year that they hold a license from the Board regardless of the number of separate licenses held by the licensee. Of these 12 hours, all licensees must complete a minimum of three hours of continuing education per year in the areas of ethics, the Board's Rules of Conduct, or professional responsibility , and three hours in areas of diversity training: age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, or socioeconomic status .
(b) - (f) (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 10, 2007.
TRD-200701799
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: June 24, 2007
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §465.3, concerning Providers of Psychological Services. The amendments are being proposed to make grammatical and punctuation corrections in this 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 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, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§465.3.Providers of Psychological Services.
(a) Psychologists shall employ or utilize an individual to provide psychological services, in any setting not specifically exempt under §501.004(a)(1) of the Psychologists' Licensing Act (the Act), only if:
(1) - (3) (No change.)
(4) The individual is completing supervised experience for
purposes of satisfying §501.260(b)(3) of the Act, relating to Licensed
Specialist in School Psychology
; or
[
.
]
(5) (No change.)
(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 10, 2007.
TRD-200701800
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: June 24, 2007
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §465.12, concerning Privacy and Confidentiality. The amendments are being proposed to make grammatical corrections in this 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 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, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§465.12.Privacy and Confidentiality.
(a) - (h) (No change.)
(i)
Licensees
[
Licenses
] include in written
and oral reports and consultations, only information germane to the purpose
for which the communication is made.
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 10, 2007.
TRD-200701801
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: June 24, 2007
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §465.13, concerning Personal Problems, Conflicts and Dual Relationship. The amendments are being proposed to clarify 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 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, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§465.13.Personal Problems, Conflicts and Dual Relationships.
(a) In General.
(1) (No change.)
(2) Licensees seek professional assistance for any personal
problems, including alcohol or substance
abuse
[
use,
]
that have the potential to impair their competency.
(3) (No change.)
(4) Licensees refrain from entering into any professional relationship
that
[
which
] conflicts with their ability to comply with
all Board rules applicable to other existing professional relationships.
(5)
Licensees withdraw from any professional relationship
that conflicts, or comes into conflict with, their ability to comply with
Board rules relating to other existing professional relationships.
[
Licensees who find themselves in a professional relationship that conflicts
with other professional relationships to the extent that the licensee cannot
comply with all applicable Board rules relating to each of the professional
relationships must withdraw from any and all relationships to prevent the
conflict(s).
]
(b) Dual Relationships.
(1)
A licensee must refrain from entering into a dual
relationship with a client, patient, supervisee, student, group, organization,
or any other party if such a relationship presents a risk that the dual relationship
could impair the licensee's objectivity, prevent the licensee from providing
competent psychological services, or exploit or otherwise cause harm to the
other party.
[
A licensee must refrain from entering into or agreeing
to enter into a dual relationship with a client, patient, supervisee, student
or any other individuals if it appears that such a relationship has the potential
to impair the licensee's objectivity or otherwise interfere with the licensee's
ability to effectively and competently provide psychological services or has
any other potential to harm or exploit the other party.
]
(2) (No change.)
(3) Licensees do not provide psychological services to
a person
[
an individual
] with whom they have had
a
sexual
relationship
[
relationships
].
(4) Licensees do not terminate [
the delivery of
]
psychological services with
a person
[
an individual
]
in order to
have a
[
engage in a
] sexual relationship
with that person.
(5) - (6) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 10, 2007.
TRD-200701802
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: June 24, 2007
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §465.14, concerning Misuse of Licensees' Services. The amendments are being proposed to clarify 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 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, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§465.14.Misuse of Licensees' Services.
(a) Licensees decline to offer services when limitations or
conditions are placed on their work by the
patient, client,
[
patient or client
] or third parties which could foreseeably cause the
licensee to violate a Board rule.
(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 10, 2007.
TRD-200701803
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: June 24, 2007
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §465.15, concerning Fees and Financial Arrangements. The amendments are being proposed to clarify 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 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, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§465.15.Fees and Financial Arrangements.
(a) General Requirements.
(1) - (3) (No change.)
(4) In reporting their services to third-party payers, licensees
accurately state the nature, date and
fees for
[
amount of
] the services provided, [
the fees,
] and the identity of
the
person(s)
[
individual(s)
] who actually provided
the services.
(b) Ethical and Legal
Requirements.
[
Aspects.
]
(1) - (3) (No change.)
(4) Licensees do not receive payments from or divide fees with another health care provider in exchange for professional referrals.
(5) A licensee does not participate in bartering if it is clinically
contra-indicated
[
contraindicated
] or
if bartering
[
the relationship
] has the potential to create an exploitative or harmful
dual relationship.
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 10, 2007.
TRD-200701804
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: June 24, 2007
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §465.16, concerning Evaluation, Assessment, Testing, and Reports. The amendments are being proposed to clarify 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 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, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§465.16.Evaluation, Assessment, Testing, and Reports.
(a) Scope and Purpose.
(1)
Licensees clearly describe the scope and purpose of
evaluation, assessment, and testing to patients before they provide these
psychological services.
[
Before performing evaluations, testing
and assessments, licensees clearly define the purposes and scope to the subject(s)
of the evaluations, testing and/or assessments.
]
(2)
Licensees produce reports that clearly state and accurately
reflect the scope and purpose of evaluation, assessment, and testing.
[
Licensees produce reports consistent with and which clearly state the purpose
and scope of the evaluations, testing and/or assessments.
]
(b) Reliability and Validity.
(1)
Licensees verify, by signature and date, that every
evaluation, assessment, test result, report, recommendation, or psychological
diagnostic or evaluative statement produced is based on information and techniques
sufficient to provide appropriate substantiation for its findings.
[
Licensees produce or co-sign only assessments, recommendations, reports or
psychological diagnostic or evaluative statements that are based on information
and techniques sufficient to provide appropriate substantiation for the findings.
]
(2) - (5) (No change.)
(c) - (d) (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 10, 2007.
TRD-200701805
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: June 24, 2007
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §465.17, concerning Therapy and Counseling. The amendments are being proposed to clarify the rule and to require that treatment plans be in writing.
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 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, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§465.17.Therapy and Counseling.
(a) (No change.)
(b) Treatment plans.
(1) Licensees create specific written treatment plans that include, at a minimum, agreed upon goals of the treatment, the techniques to be used, and the tentative duration of the treatment for any therapy or counseling that they provide.
(2) - (3) (No change.)
(4) Licensees confer with and obtain consent from the
patient, or client or other recipient(s) of services
[
recipient(s)
] concerning significant alterations in the treatment plan in accordance
with Board rule
465.11(a)(2)
[
465.11(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 May 10, 2007.
TRD-200701806
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: June 24, 2007
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §465.18, concerning Forensic Services. The amendments are being proposed to clarify the rule and add a new provision concerning forensic testimony on child visitation.
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 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, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§465.18.Forensic Services.
(a) (No change.)
(b) Limitation on Services.
(1)
A licensee shall refrain from rendering a written
or oral professional opinion about any matter for which the licensee lacks
appropriate knowledge, competency, and data.
[
A licensee who is
asked to provide an opinion concerning an area or matter about which the licensee
does not have the appropriate knowledge and competency to render a professional
opinion shall decline to render that opinion.
]
(2) - (5) (No change.)
(c) Describing the Nature of Services.
A licensee must
adhere to the requirements of Board rule 465.11 for provision of informed
consent, and in addition, must specifically inform the patient, client, or
other recipient(s) of forensic psychological services of the following:
[
Licensees who interview or examine an individual for purposes of providing
forensic services must first inform the individual of the specific purpose
of the interview or examination, the party on whose behalf they are performing
the services, the use to which the information gathered will be put and who
will have access to the results. If there are multiple parties, the psychologist
must obtain written informed consent from all adult participants unless informed
consent is precluded by court order. All participants must be made aware of
the purpose and scope of the evaluation, who has requested the service, and
who will be paying fees. Psychologists also inform parties on limits to confidentiality
where the engagement involves testimony.
]
(1) The specific purpose and scope of the interview, examination, or evaluation;
(2) The identity of the party who requested the psychologist's services;
(3) The identity of the party who will pay the psychologist's fees and the estimated amount of the fees;
(4) The type of information sought and the uses for information gathered;
(5) The people or entities who will have access to the results;
(6) The manner of delivery of any reports or written results;
(7) The approximate length of time required to produce any reports or written results;
(8) Applicable limits on confidentiality; and
(9) Whether the psychologist will likely be called to provide testimony based on the report or written results in a court of law.
(d) (No change.)
(e) Child Visitation.
(1) A licensee who provides therapy and/or counseling to a child must limit forensic testimony to statements for which the licensee has sufficient basis pursuant to Board rule 465.10.
(2) Prior to stating a visitation recommendation, a licensee must include a statement as to all pertinent limitations pursuant to rule 465.16(c).
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 10, 2007.
TRD-200701808
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: June 24, 2007
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §471.5, concerning Updated Information Requirements. The amendments are being proposed to make a grammatical correction to 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 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, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§471.5.Updated Information Requirements.
Each licensee shall provide the following information when renewing his/her license each year:
(1) If the licensee has ever been arrested,
indicted
[
indicated
], or convicted of any criminal offense which the licensee
has not previously reported to the Board;
(2) - (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 May 10, 2007.
TRD-200701809
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: June 24, 2007
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Dietitians (board) proposes an amendment to §711.2, concerning the licensing and regulation of dietitians. Specifically, the amendment covers late renewal fees.
BACKGROUND AND PURPOSE
The proposed amendment relates to late renewal fees required by statutory changes to the Texas Occupations Code, Chapter 701, by House Bill 1155, passed during the 79th Legislature, Regular Session, 2005.
SECTION-BY-SECTION SUMMARY
The amendment to §711.2 reflects the change in the method of calculating the late renewal fee in accordance with Texas Occupations Code, Chapter 701, specifically §701.301(d). The statute provides that a person whose license has been expired for 90 days or less may renew the license by paying to the board a fee that is equal to 1-1/4 times the amount of the renewal fee. The statute further provides that if a person's license has been expired for more than 90 days, but less than one year, the person may renew the license by paying to the board a fee that is equal to 1-1/2 times the amount of the renewal fee. The late renewal fees are proposed for adjustment to comply with the statutory directive.
FISCAL NOTE
Bobbe Alexander, Executive Secretary, has determined that for each year of the first five years the section is in effect, there will be fiscal implications to state government as a result of enforcing or administering the section as proposed. There will be a decrease in general revenue of $4130 each year of the first five years the section is in effect. There will be no fiscal implications to local government.
SMALL AND MICRO-BUSINESS IMPACT ANALYSIS
Ms. Alexander has also determined that there will be no economic costs to small businesses or micro-businesses. This was determined by interpretation of the rule that these entities will not be required to alter their business practices to comply with the section as proposed. The rule relates to individuals who are licensed as dietitians, and there are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no anticipated negative impact on local employment.
PUBLIC BENEFIT
Ms. Alexander has also determined that for each year of the first five years the section is in effect, the public will benefit from adoption of the section. The public benefit anticipated as a result of enforcing or administering the section is to effectively regulate the practice of dietetics in Texas, which will protect and promote public health, safety, and welfare, and to ensure that statutory directives are carried out.
REGULATORY ANALYSIS
The board has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
TAKINGS IMPACT ASSESSMENT
The board has determined that the proposed amendment does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Government Code, §2007.043.
PUBLIC COMMENT
Comments on the proposal may be submitted to Bobbe Alexander, Executive Secretary, State Board of Examiners of Dietitians, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756 or by email to: dietitian@dshs.state.tx.us. When e-mailing comments, please indicate "Comments on Proposed Rules" in the e-mail subject line. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
STATUTORY AUTHORITY
The proposed amendment is authorized by the Texas Occupations Code, §701.152, which authorizes the board to adopt rules necessary for the performance of the board's duties.
The proposed amendment affects the Texas Occupations Code, Chapter 701.
§711.2.The Board's Operation.
(a) - (q) (No change.)
(r) Fees.
(1) Schedule of fees for licensure as a dietitian:
(A) application (includes two year initial license) fee--$108;
(B) license fee for upgrade of provisional licensed dietitian--$20;
(C) renewal fee: an initial regular license or a renewal regular license--$90;
[
(i)
for license issued for a one-year term--$45;]
[
(ii)
for license issued for a two-year term--$90;]
[
(D)
late renewal fee for license
issued for a one-year term:]
[
(i)
$107.50 when renewed on or within 90 days of expiration;]
[
(ii)
$170.00 when renewed later than 90 days but less than one year;]
(D)
[
(E)
] late renewal fee [
for
license issued for a two-year term
]:
(i)
$112.50
[
$152.50
] when renewed on
or within 90 days of expiration;
(ii)
$135.00
[
$215.00
] when renewed later
than 90 days but less than one year.
(2) Schedule of fees for licensure as a temporary licensed dietitian:
(A) application (includes initial license) fee--$54;
(B) license certificate and identification card replacement fee--$20;
(3) Schedule of fees for licensure as a provisional licensed dietitian:
(A) application (includes initial license) fee--$54;
(B) renewal fee for license issued for a one-year term--$45;
(C) late renewal fee;
(i)
[
(D)
]
$56.25
[
$107.50
] when renewed on or within 90 days of expiration;
(ii)
[
(E)
]
$67.50
[
$170.00
] when renewed later than 90 days but less than one year;
(4) Additional fees for licensure as a dietitian, temporary licensed dietitian, and a provisional licensed dietitian:
(A) application processing fee for preplanned professional experience approval--$300;
(B) inactive status fee--$20;
(C) license reinstatement fee following suspension under the Family Code--$80;
(D) written verification of licensure fee--$25; and
(E) returned check fee--$25.
(5) - (12) (No change.)
(s) (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 14, 2007.
TRD-200701857
Janet Hall
Acting Chair
Texas State Board of Examiners of Dietitians
Earliest possible date of adoption: June 24, 2007
For further information, please call: (512) 458-7111 x6972