Proposed Rules Title 22

TITLE 22. EXAMINING BOARDS

Part 27. BOARD OF TAX PROFESSIONAL EXAMINERS

Chapter 628. ETHICAL CONDUCT

22 TAC §628.4

The Board of Tax Professional Examiners proposes an amendment to §628.4, concerning Conflict of Interest. This amendment is intended to ensure property tax professionals maintain strong rules of ethical conduct.

David E. Montoya, Executive Director of the Board of Tax Professional Examiners, has determined that for the first five year period the proposed amendment is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendment.

Mr. Montoya also has determined that for each year of the first five years the proposed amendment is in effect the public benefit anticipated as a result of enforcing the amended section will be to conform the board rule to better protect the public. There will be no effect on small or micro businesses.

Mr. Montoya also has determined that the probable economic cost to persons required to comply with the amendment for the first five years will be zero because the amendment merely provides for a more thorough review of the reinstatement application.

The Board requests comments on the substance and effect of the proposed amendment from any interested person. Comments must be received at the Board no later than noon on February 29, 2008. Comments should be addressed to David E. Montoya, Executive Director, Texas State Board of Tax Professional Examiners, 333 Guadalupe, Tower II, Suite 520, Austin, Texas 78701 or faxed to his attention at (512) 305-7304.

The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small business; if the amendment is believed to have such an effect, then how may the Board legally and feasibly reduce that effect considering the purpose of the statute under which the amendment is to be adopted.

The amendment is proposed under the authority of Texas Civil Statutes, Texas Occupations Code, Chapter 1151 Property Taxation Professional Certification Act, which provides the Board of Tax Professional Examiners with the authority to promulgate rules consistent with the Statute.

No other article, statute or code is affected by this proposed amendment.

§628.4.Conflict of Interest.

A registrant or other person subject to these rules:

(1) - (5) (No change.)

(6) shall not serve as a tax agent for any party; by serving that party for any form of compensation or any benefit through the collection of data, appraisal of property, presentations, argument, appearances, or other exercise of influence in the property tax system[ ~~, unless such service does not involve properties in the purview of the appraisal district or tax office that employs the registrant~~ ].

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 January 17, 2008.

TRD-200800208

David Montoya

Executive Director

Board of Tax Professional Examiners

Earliest possible date of adoption: March 2, 2008

For further information, please call: (512) 305-7300

Part 35. TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS

Chapter 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS

The Texas State Board of Examiners of Marriage and Family Therapists (board) proposes amendments to §§801.2, 801.17, 801.18, 801.41 - 801.54, 801.72, 801.92, 801.112 - 801.114, 801.142, 801.143, 801.174, 801.201, 801.232, 801.235, 801.236, 801.261 - 801.264, 801.266, 801.291, 801.294, 801.296, 801.297, 801.301, 801.332, and 801.351 and new §801.115 and §801.303, concerning the licensure and regulation of marriage and family therapists.

BACKGROUND AND PURPOSE

The adopted amendments and new sections are necessary to carry out the requirements of Occupations Code, Chapter 502. The board finds that adoption of the new rules and amendment of existing rules are necessary for the efficient regulation of the practice of marriage and family therapy and for the protection of the public.

SECTION BY SECTION SUMMARY

Amendments to §801.2 are proposed to improve the current definition of accredited institutions to include accredited institutions and programs defined as an institution or program which holds accreditation or candidacy status from an accreditation organization recognized by the Council of Higher Education Accreditation; to add a definition of endorsement; to expand the definition of a therapist to include a licensed marriage and family therapist associate; and, to renumber the section accordingly.

The amendment to §801.17 is proposed to identify the licenses for which the board shall prepare and provide a license certificate.

Amendments to §801.18 are proposed to base the late renewal fees for up to and after 90 days on a percentage of the current license renewal fee, instead of on a percentage of the license examination fee.

The amendment to §801.41 is proposed to replace the general word "therapist" with the more specific term "licensee."

Amendments to §801.42 are proposed to improve language and to add parent coordination, parent coordination training, parent education and parent training and life coaching to professional therapeutic services which may be provided by marriage and family therapists and associates.

Amendments to §801.43 are proposed to clarify language; to require licensees to make reasonable efforts to prevent others from making misrepresentations regarding a licensee's professional qualifications and services; and to require a licensee to indicate his or her status as a licensed marriage and family therapist or licensed marriage and family therapist associate when providing professional services.

Amendments to §801.44 are proposed to improve language; to require licensees to provide professional services only in the context of a professional relationship; to require licensees to obtain appropriate consent for treatment before providing services and make reasonable efforts to determine whether the conservatorship, guardianship or parental rights of the client has been modified by a court; to require licensees to make known to a prospective client the confidential nature of the client's disclosures and the clinical record, including the legal limitations of the client's confidentiality; to specify that dual relationships are to be avoided and that licensees have the responsibility to ensure the welfare of the client is a dual relationship arises; to specify that licensees may not lend or borrow money from or lend money or items of value to clients or relatives of clients; to require that licensees shall only offer those services that are within his or her professional competency, and the services provided shall be within accepted professional standards of practice and appropriate to the needs of the client; to require licensees to base all services on an assessment, evaluation or diagnosis of the client; to require licensees to evaluate a client's progress on a continuing basis to guide service delivery and to make use of supervision and consultation as indicated by the client's needs; and to require licensees to not promote or encourage the illegal use of alcohol or drugs by clients.

Amendments to §801.45 are proposed to improve language and to replace the current list of examples of sexual contact with a reference to and inclusion of behaviors described in the Texas Penal Code, §21.01.

Amendments to §§801.46, 801.50, 801.52, 801.54, 801.201, 801.232, 801.236, 801.261, 801.262, and 801.291 are proposed to replace the general term "therapist" with the more specific term "licensee."

Amendments to §801.47 are proposed to improve language and specify prohibitions against licensees' use and promotion of illegal drugs and alcohol.

Amendments to §801.48 are proposed to improve language; to specify licensees' responsibilities concerning record keeping, maintaining confidentiality and the appropriate release of client records to authorized persons and reporting of client information required by Texas statutes; to clarify what client records must include; to clarify that client records are to be maintained for a minimum of 5 years for an adult client and for 5 years beyond the age of 18 for a minor client; and to specify that a licensee in independent practice must establish a plan for custody and control of the licensee's client's mental health records in the event of death, incapacity, or termination of services of the licensee; and requires the reporting of sexual exploitation of a client by another licensee.

Amendments to §801.49 are proposed to improve language and to require licensees to report changes in home or business addresses or telephone numbers and the granting of an academic degree relevant to the practice of marriage and family therapy to the board within 30 days of the change.

Amendments to §801.51 are proposed to allow licensees to provide clients with mandatory information about where to file complaints by placing the information on a client registration form.

Amendments to §801.53 are proposed to improve language; to specify that licensees may not use information in advertising and announcements that is false, misleading, deceptive, inaccurate, incomplete, out of context, or not readily verifiable, and to provide a list of types of such advertising; and requires provisional licensees to indicate that status on all advertisements.

Amendments to §801.72 are proposed to improve language and to specify that an application that is not completed one year past the date an application is opened is voided.

Amendments to §801.92 are proposed to improve language and to add a criminal conviction per §801.332 as a basis for denial of a license.

Amendments to §801.112 are proposed to improve language; to provide specifics regarding degrees that meet the academic requirements for licensure, subject to board review of the applicant's practicum if the degree in marriage and family therapy is not from a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE) and course equivalency review if a degree is in a related field; and to require that degrees and coursework received at foreign universities is acceptable only if the degree conferred and coursework has been determined by a member of the National Association of Credential Evaluation Services (NACES) to be equivalent to a degree conferred by or coursework completed in an accredited institution or program.

Amendments to §801.113 are proposed to improve language and to provide examples of degrees in a related mental health field.

Amendments to §801.114 are proposed to clarify the length of a supervised clinical practicum.

New §801.115 are proposed to provide for substitution of licensed experience as a marriage and family therapist in another jurisdiction for having met the academic qualifications for licensure, including the practicum within certain parameters.

Amendments to §801.142 are proposed to improve language; to provide that up to 50 hours of the 200 hours of supervision may occur via electronic media; provides that supervision and supervised clinical experience completed in another jurisdiction is accepted by endorsement only; provides for a substitution of licensed experience in another jurisdiction for supervised clinical experience; and to renumber the section accordingly.

Amendments to §801.143 are proposed to improve language and reorder the section.

The amendment to §801.174 are proposed to specify that the board shall accept the national licensure examination administered by the Association of Marital and Family Therapy Regulatory Boards (AMFTRB) or the state of California marriage and family therapy licensure examination.

Amendments to §801.235 are proposed to define the amount of the fee for renewing a license late.

Amendments to §801.263 are proposed to improve language and to specify that a licensed marriage and family therapist is required to complete 15 hours of continuing education per renewal period.

Amendments to §801.264 are proposed to replace the general term "therapist" with the more specific term "licensee" and to correct the name of the Texas Association for Marriage and Family Therapy.

Amendments to §801.266 are proposed to improve language; to remove continuing education for participation in supervision as a licensed marriage and family therapist associate; and to renumber the section accordingly.

Amendments to §801.294 are proposed to improve language.

Amendments to §801.296 are proposed to improve language to reflect current legal, policy and operational procedures regarding complaint procedures and establish time limits for filing complaints.

Amendments to §801.297 are proposed to specify that the board may impose monitoring of a licensee who may pose a potential threat to public health or safety as a condition of initial or continued licensure and impose conditions that are not considered to be a formal disciplinary action.

The amendment to §801.301 is proposed to improve language.

New §801.303 is proposed to specify that the board may resolve pending complaints by issuance of formal advisory letters that are not considered to be disciplinary actions and which do not entitle a licensee to a formal hearing; however the licensee may submit a written response to be included in the licensing record.

Amendments to §801.332 are proposed to replace the general term "therapist" with the more specific term "licensee" and other clarifying changes.

Amendments to §801.351 are proposed to allow the complainant and others present at the request of the complainant, members of the board, the licensee or applicant, the licensee or applicant's attorney, and board staff to remain for all portions of an informal conference, except during consultation between the board members, staff and the board's legal counsel and at the discretion of the board, to allow witnesses other than the complainant to be present only during their testimony.

FISCAL NOTE

Charles Horton, Executive Director, has determined that for each year of the first five years the sections are in effect, there will be fiscal implications to the State as a result of enforcing or administering the sections as proposed. The effect on state government will be a decrease in revenue to the state of $7,588 the first fiscal year and $7,588 each year for fiscal years two through five due to the reduction by statute of late license renewal fees. Implementation of the proposed sections will not result in any fiscal implications for local governments.

SMALL AND MICRO-BUSINESS IMPACT ANALYSIS

Mr. Horton has also determined that there will be no effect on small businesses, micro-businesses, or other persons required to comply with the sections as proposed. This was determined by interpretation of the rules that small businesses and micro-businesses will not be required to alter their business practices to comply with the rules. There is no anticipated negative impact on local employment.

ECONOMIC IMPACT STATEMENT

There is no anticipated economic effect on small businesses as a result of the sections as proposed.

PUBLIC BENEFIT

Mr. Horton has also determined that for each year of the first five years the sections are in effect, the public will benefit from adoption of the sections. The public benefit anticipated as a result of enforcing or administering the sections is to effectively regulate the practice of marriage and family therapy in Texas, all of which will protect and promote public health, safety, and welfare.

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 nor reduce risks to human health from environmental exposure.

TAKINGS IMPACT ASSESSMENT

The board has determined that the proposal 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, do not constitute a taking under Government Code, §2007.043.

PUBLIC COMMENT

Comments on the proposal may be submitted to Charles Horton, Executive Director, Texas State Board of Social Worker Examiners, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756 or by e-mail to charles.horton@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.

Subchapter A. INTRODUCTION

22 TAC §801.2

STATUTORY AUTHORITY

The amendment is authorized by Occupations Code, §502.104, which requires the board to develop policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and staff of the department; by Occupations Code, §502.151, which authorizes the board to adopt rules necessary to determine the qualifications and fitness of a license applicant and to establish standards of conduct and ethics for license holders; by Occupations Code, §502.152, which authorizes the board to adopt rules establishing the board's procedures; by Occupations Code, §502.153, which authorizes the board to set fees; by Occupations Code, §502.204, which authorizes the board to adopt rules concerning the investigation of a complaint filed with the board; by Occupations Code, §502.303, which requires the board to establish mandatory continuing education requirements for license holders; and, by Occupations Code, §502.353, which requires the board to adopt procedures regarding an informal proceeding held in compliance with Government Code, §2001.056.

The amendment affects Occupations Code, Chapter 502; and Government Code, Chapter 2001.

§801.2.Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context indicates otherwise.

(1) Accredited institutions or programs --An institution or program which holds accreditation or candidacy status from an accreditation organization recognized by [ ~~the American Council on Education (ACE),~~ ] the Council for Higher Education Accreditation (CHEA)[ ~~, the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE),~~ ] or the California Bureau for Private Postsecondary and Vocational Education.

(2) - (10) (No change.)

(11) Endorsement--The process whereby the board reviews requirements for licensure completed while under the jurisdiction of a different marriage and family therapy regulatory board from another state. The board may accept, deny or grant partial credit for requirements completed in a different jurisdiction.

(12) [ ~~(11)~~ ] Family systems--An open, on-going, goal-seeking, self-regulating, social system which shares features of all such systems. Certain features such as its unique structuring of gender, race, nationality and generation set it apart from other social systems. Each individual family system is shaped by its own particular structural features (size, complexity, composition, life stage), the psychobiological characteristics of its individual members (age, race, nationality, gender, fertility, health and temperament) and its socio-cultural and historic position in its larger environment.

(13) [ ~~(12)~~ ] Formal hearing--A hearing or proceeding in accordance with this chapter, including a contested case as defined in this section to address the issues of a contested case.

(14) [ ~~(13)~~ ] Group supervision--Supervision that involves a minimum of three and no more than six marriage and family supervisees or associates in a clinical setting during the supervision hour. A supervision hour is forty-five minutes.

(15) [ ~~(14)~~ ] Individual supervision--Supervision of no more than two marriage and family therapy supervisees or associates in a clinical setting during the supervision hour. A supervision hour is forty-five minutes.

(16) [ ~~(15)~~ ] Investigator--A professional complaint investigator employed by the [ ~~Texas~~ ] Department of State Health Services.

(17) [ ~~(16)~~ ] License--A marriage and family therapist license, a marriage and family therapist associate license, or a provisional marriage and family therapist license.

(18) [ ~~(17)~~ ] Licensed marriage and family therapist--An individual who offers to provide marriage and family therapy for compensation.

(19) [ ~~(18)~~ ] Licensee--Any person licensed by the Texas State Board of Examiners of Marriage and Family Therapists.

(20) [ ~~(19)~~ ] Licensed marriage and family therapist associate--An individual who offers to provide marriage and family therapy for compensation under the supervision of a board-approved supervisor.

(21) [ ~~(20)~~ ] Marriage and family therapy--The rendering of professional therapeutic services to clients, singly or in groups, and involves the professional application of family systems theories and techniques in the delivery of therapeutic services to those persons. The term includes the evaluation and remediation of cognitive, affective, behavioral, or relational dysfunction or processes.

(22) [ ~~(21)~~ ] Month--A calendar month.

(23) [ ~~(22)~~ ] Party--Each person, governmental agency, or officer or employee of a governmental agency named by the Administrative Law Judge (ALJ) as having a justiciable interest in the matter being considered, or any person, governmental agency, or officer or employee of a governmental agency meeting the requirements of a party as prescribed by applicable law.

(24) [ ~~(23)~~ ] Person--An individual, corporation, partnership, or other legal entity.

(25) [ ~~(24)~~ ] Pleading--Any written allegation filed by a party concerning its claim or position.

(26) [ ~~(25)~~ ] Recognized religious practitioner--A rabbi, clergyman, or person of similar status who is a member in good standing of and accountable to a legally recognized denomination or legally recognizable religious denomination or legally recognizable religious organization and other individuals participating with them in pastoral counseling if:

(A) the therapy activities are within the scope of the performance of their regular or specialized ministerial duties and are performed under the auspices of sponsorship of an established and legally cognizable church, denomination or sect, or an integrated auxiliary of a church as defined in Federal Tax Regulations, 26, Code of Federal Regulation 1.6033-2, subsection (g)(5)(i), (1982);

(B) the individual providing the service remains accountable to the established authority of that church, denomination, sect, or integrated auxiliary; and

(27) [ ~~(26)~~ ] Supervision--The guidance or management in the provision of clinical services.

(28) [ ~~(27)~~ ] Supervisor--A person meeting the requirements set out in §801.143 of this title (relating to Supervisor Requirements), to supervise an associate and/or marriage and family therapist.

(29) [ ~~(28)~~ ] Texas Open Meetings Act--Government Code, Chapter 551.

(30) [ ~~(29)~~ ] Texas Public Information Act--Government Code, Chapter 552.

(31) [ ~~(30)~~ ] Therapist--For the purposes of this chapter, a Texas licensed marriage and family therapist or a Texas licensed marriage and family therapist associate .

(32) [ ~~(31)~~ ] Waiver--The suspension of educational, professional, and/or examination requirements for applicants who meet the criteria for licensure under special conditions.

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 January 18, 2008.

TRD-200800255

Waymon Hinson, Ph.D.

Chair

Texas State Board of Examiners of Marriage and Family Therapists

Earliest possible date of adoption: March 2, 2008

For further information, please call: (512) 458-7111 x6972

Subchapter B. THE BOARD

22 TAC §801.17, §801.18

STATUTORY AUTHORITY

The amendments are authorized by Occupations Code, §502.104, which requires the board to develop policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and staff of the department; by Occupations Code, §502.151, which authorizes the board to adopt rules necessary to determine the qualifications and fitness of a license applicant and to establish standards of conduct and ethics for license holders; by Occupations Code, §502.152, which authorizes the board to adopt rules establishing the board's procedures; by Occupations Code, §502.153, which authorizes the board to set fees; by Occupations Code, §502.204, which authorizes the board to adopt rules concerning the investigation of a complaint filed with the board; by Occupations Code, §502.303, which requires the board to establish mandatory continuing education requirements for license holders; and, by Occupations Code, §502.353, which requires the board to adopt procedures regarding an informal proceeding held in compliance with Government Code, §2001.056.

The amendments affect Occupations Code, Chapter 502; and Government Code, Chapter 2001.

§801.17.License Certificate.

(a) The board shall prepare and provide to each Licensed Marriage and Family Therapist and Licensed Marriage and Family Therapist Associate [ ~~therapist~~ ] a license certificate and a renewal card which contains the licensee's name and license number.

(b) (No change.)

§801.18.Fees.

(a) (No change.)

(b) The schedule of fees shall be as follows:

(1) - (4) (No change.)

(5) late renewal fee--late renewal fees shall be set as follows:

(A) on or within [ ~~before~~ ] 90 days--biennial renewal fee plus one-fourth of the current biennial renewal fee ($33) [ ~~one-half of the current contracted examination fee~~ ]; and

(B) longer than 90 days but less than one year--biennial renewal fee plus one-half of the current biennial renewal fee ($65) [ ~~fee equal to the current contracted examination fee~~ ];

(6) - (12) (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 January 18, 2008.

TRD-200800256

Waymon Hinson, Ph.D.

Chair

Texas State Board of Examiners of Marriage and Family Therapists

Earliest possible date of adoption: March 2, 2008

For further information, please call: (512) 458-7111 x6972

Subchapter C. GUIDELINES FOR PROFESSIONAL THERAPEUTIC SERVICES AND CODE OF ETHICS

22 TAC §§801.41 - 801.54

STATUTORY AUTHORITY

The amendments affect Occupations Code, Chapter 502; and Government Code, Chapter 2001.

§801.41.Purpose.

The purpose of this subchapter is to provide guidelines regarding the provision of professional therapeutic services and to establish standards of professional and ethical conduct required of a licensee [ ~~therapist~~ ].

§801.42.Professional Therapeutic Services.

The following are professional therapeutic services which may be provided by a Licensed Marriage and Family Therapist or a Licensed Marriage and Family Therapist Associate [ ~~marriage and family therapist~~ ]:

(1) - (17) (No change.)

(18) consultation which utilizes systems, methods, and processes which include the application of specific principles and procedures in consulting to provide assistance in understanding and solving current or potential problems that the consultee may have in relation to a third party, whether individuals, groups, or organizations; [ ~~and~~ ]

(19) parent coordination and parent coordination training under the Texas Family Code, Chapter 153, Subchapter J, pertaining to parenting plan and parent coordinator;

(20) parent education and parent training including advice, counseling, or instructions to parents or children;

(21) life coaching; and any related techniques or modalities; and

(22) [ ~~(19)~~ ] any other related services provided by a licensee.

§801.43.Professional Representation.

(a) When providing professional therapeutic services, as defined in §801.42 of this title (relating to Professional Therapeutic Services), a licensee shall indicate his or her licensure status as a Licensed Marriage and Family Therapist, including any probationary status or other restrictions placed on the licensee by the board.

(b) A licensee shall not make any false, misleading, deceptive, fraudulent or exaggerated claim or misleading claim or statement about the licensee's services, including, but not limited to:

(1) the effectiveness of services;

(2) the licensee's qualifications, capabilities, background, training, education, experience, professional affiliations, fees, products, or publications; or

(3) the practice of marriage and family therapy.

~~[(a) A therapist shall not misrepresent any professional qualifications or associations.]~~

(c) [ ~~(b)~~ ] A licensee [ ~~therapist~~ ] shall not misrepresent any agency or organization by presenting it as having attributes that it does not possess.

~~[(c) A therapist shall not make unreasonable, misleading, deceptive, fraudulent, exaggerated, or unsubstantiated claims about the efficacy of any services.]~~

(d) A licensee [ ~~therapist~~ ] shall not encourage, or within the licensee's [ ~~therapist's~~ ] power, allow a client to hold exaggerated ideas about the efficacy of services provided by the licensee [ ~~therapist~~ ].

(e) A licensee shall make reasonable efforts to prevent others whom the licensee does not control from making misrepresentations; exaggerated or false claims; or false, deceptive, or fraudulent statements about the licensee's practice, services, qualifications, associations, or activities. If a licensee learns of a misrepresentation; exaggerated or false claim; or false, deceptive, or fraudulent statement made by another, the licensee shall take immediate and reasonable action to correct the statement.

§801.44.Relationships with Clients.

(a) A licensee shall provide marriage and family therapy professional services only in the context of a professional relationship.

(b) [ ~~(a)~~ ] A licensee [ ~~therapist~~ ] shall make known to a prospective client the important aspects of the professional relationship, including but not limited , to the licensee's status as a Licensed Marriage and Family Therapist, including any probationary status or other restrictions placed on the licensee by the board, office procedures, after-hours coverage, fees, and arrangements for payment ( which might affect the client's decision to enter into the relationship ) .

(c) A licensee shall obtain an appropriate consent for treatment before providing professional services. A licensee shall make reasonable efforts to determine whether the conservatorship, guardianship, or parental rights of the client have been modified by a court.

(d) A licensee shall make known to a prospective client the confidential nature of the client's disclosures and the clinical record, including the legal limitations of the confidentiality of the mental health record and information.

(e) [ ~~(b)~~ ] No commission or rebate or any other form of remuneration [ ~~renumeration~~ ] shall be given or received by a licensee [ ~~therapist~~ ] for the referral of clients for professional services.

(f) [ ~~(c)~~ ] A licensee [ ~~therapist~~ ] shall not use relationships with clients to promote, for personal gain or for the profit of an agency, commercial enterprises of any kind.

(g) [ ~~(d)~~ ] A licensee [ ~~therapist~~ ] shall not engage in activities that seek to meet the licensee's [ ~~therapist's~~ ] personal needs instead of the needs of the client.

(h) [ ~~(e)~~ ] A licensee [ ~~Under normal circumstances a therapist~~ ] shall not provide marriage and family therapy services to [ ~~be involved in the therapy of~~ ] family members, personal [ ~~intimate~~ ] friends, educational [ ~~close~~ ] associates, business associates, or others whose welfare might be jeopardized by such a dual relationship.

(i) [ ~~(f)~~ ] A licensee shall set and maintain [ ~~therapist shall be responsible for setting and maintaining~~ ] professional boundaries. Dual relationships with clients shall be avoided. A dual relationship is considered any non-therapeutic activity initiated by either the licensee or the client for the purposes of establishing a non-therapeutic relationship. It is the responsibility of the licensee to ensure the welfare of the client if a dual relationship arises.

(j) [ ~~(g)~~ ] A licensee [ ~~therapist~~ ] may disclose confidential information to medical or law enforcement personnel if the licensee [ ~~therapist~~ ] determines that there is a probability of imminent physical injury by the client to the client or others or there is a probability of immediate mental or emotional injury to the client.

(k) [ ~~(h)~~ ] In group therapy settings, the licensee [ ~~therapist~~ ] shall take reasonable precautions to protect individuals from physical or emotional trauma resulting from interaction within the group.

(l) [ ~~(i)~~ ] A licensee [ ~~therapist~~ ] shall keep accurate records of therapeutic services to include, but not be limited to, dates of services, types of services, progress or case notes, and billing information for a minimum of five years for an adult client and 5 years beyond the age of 18 years of age for a minor.

(m) [ ~~(j)~~ ] A licensee [ ~~therapist~~ ] shall bill clients or third parties for only those services actually rendered or as agreed to by mutual understanding at the beginning of services or as later modified by mutual agreement.

(n) [ ~~(k)~~ ] A licensee [ ~~therapist~~ ] shall terminate a professional relationship when it is reasonably clear that the client is not benefiting from it. Upon termination, if the client still requires mental health services, the licensee shall make reasonable efforts in writing to refer the client to appropriate services.

(o) [ ~~(l)~~ ] A licensee [ ~~therapist~~ ] who engages in interactive therapy via the telephone or internet must provide the client with his/her license number and information on how to contact the board by telephone or mail, and must adhere to all other provisions of this chapter.

(p) A licensee may not borrow from or lend money or items of value to clients or relatives of clients.

(q) A licensee shall only offer those services that are within his or her professional competency, and the services provided shall be within accepted professional standards of practice and appropriate to the needs of the client.

(r) A licensee shall base all services on an assessment, evaluation, or diagnosis of the client.

(s) A licensee shall evaluate a client's progress on a continuing basis to guide service delivery and will make use of supervision and consultation as indicated by the client's needs.

(t) A licensee shall not promote or encourage the illegal use of alcohol or drugs by clients.

§801.45.Sexual Misconduct.

(a) - (b) (No change.)

(c) A licensee [ ~~therapist~~ ] shall not provide therapeutic services to a person with whom the licensee [ ~~therapist~~ ] has had a sexual relationship.

(d) (No change.)

(e) Because sexual contact with former clients are so frequently harmful to the client, and because such contacts undermine public confidence in the marriage and family therapy profession and thereby deter the public's use of needed services, marriage and family therapists do not engage in sexual contact with former clients even after a two-year [ ~~two year~~ ] interval except in the most unusual circumstances. A licensee [ ~~The marriage and family therapists~~ ] who engages in such activity after the two years following cessation or termination of therapy bears the burden of demonstrating that there has been no exploitation, in light of all relevant factors, including:

(1) - (6) (No change.)

(7) any statements or actions made by the licensee [ ~~therapist~~ ] during the course of therapy suggesting or inviting the possibility of a post termination sexual or romantic relationship with the client.

(f) (No change.)

(g) The following, when done in the context of professional services, shall be considered to be [ ~~Examples of~~ ] sexual exploitation [ ~~are~~ ]:

(1) - (8) (No change.)

(9) making a request for non-professional social contact [ ~~to date~~ ];

(10) (No change.)

(11) any intentional [ ~~bodily~~ ] exposure of genitals, anus, or breasts;

(12) - (13) (No change.)

(h) Examples of sexual contact shall include those activities and behaviors described in Texas Penal Code, §21.01. [ ~~are:~~ ]

~~[(1) genital and genital contact;]~~

~~[(2) genital and anal contact;]~~

~~[(3) genital and oral contact;]~~

~~[(4) genital and any object contact;]~~

~~[(5) anal and any object contact;]~~

~~[(6) touching breasts;]~~

~~[(7) touching genitals;]~~

~~[(8) touching anus; and]~~

~~[(9) touching buttocks.]~~

~~[(i) A licensee shall report sexual misconduct as follows.]~~

[(1) If a licensee has reasonable cause to suspect that a client has been the victim of a sexual exploitation, sexual contact, or therapeutic deception by another licensee or a mental health services provider during therapy or any other course of treatment, or if a client alleges sexual exploitation, sexual contact, or therapeutic deception by another licensee or mental health services provider during therapy or any other course of treatment, the licensee shall report alleged misconduct not later than the 30th day after the date the licensee became aware of the misconduct or the allegations to:]

~~[(A) the district attorney in the county in which the alleged sexual exploitation, sexual contact, or therapeutic deception occurred;]~~

~~[(B) the board if the misconduct involves a licensee; and]~~

~~[(C) any other state licensing agency which licenses the mental health services provider.]~~

~~[(2) Before making a report under this subsection, the reporter shall inform the alleged victim of the reporter's duty to report and shall determine if the alleged victim wants to remain anonymous.]~~

~~[(3) A report under this subsection need contain only the information needed to:]~~

~~[(A) identify the reporter;]~~

~~[(B) identify the alleged victim, unless the alleged victim has requested anonymity;]~~

~~[(C) express suspicion that sexual exploitation, sexual contact, or therapeutic deception occurred; and]~~

~~[(D) provide the name of the alleged perpetrator.]~~

§801.46.Testing.

(a) A licensee [ ~~therapist~~ ] shall make known to clients the purposes and explicit use to be made of any testing done as a part of a professional relationship.

(b) A licensee [ ~~therapist~~ ] shall not appropriate, reproduce, or modify published tests or parts thereof without the acknowledgment and permission of the publisher.

(c) A licensee [ ~~therapist~~ ] shall not administer any test without the appropriate training and experience to administer the test .

(d) A licensee [ ~~therapist~~ ] must observe the necessary precautions to maintain the security of any test administered by the licensee [ ~~therapist~~ ] or under the licensee's [ ~~therapist's~~ ] supervision.

§801.47.Drug and Alcohol Use.

A licensee shall not: [ ~~A therapist shall not abuse alcohol or drugs, use illegal drugs of any kind, or promote or encourage the illegal use or possession of alcohol or drugs.~~ ]

(1) use alcohol or drugs in a manner which adversely affects the licensee's ability to provide treatment intervention services;

(2) use illegal drugs of any kind; or

(3) promote, encourage, or concur in the illegal use or possession of alcohol or drugs.

§801.48. Record Keeping, Confidentiality and Release of Records, and Required Reporting. [ ~~Confidentiality and Release of Records.~~ ]

(a) Communication between a licensee and client and the client's records, however created or stored, are confidential under the provisions of the Texas Health and Safety Code, Chapter 611, and other state or federal statutes or rules where such statutes or rules apply to a licensee's practice.

(b) A licensee shall not disclose any communication, record, or identity of a client except as provided in Texas Health and Safety Code, Chapter 611, or other state or federal statutes or rules.

(c) A licensee shall comply with Texas Health and Safety Code, Chapter 611, and other state or federal statutes or rules where such statutes or rules apply to a licensee's practice, concerning access to and release of mental health records and confidential information.

(d) A licensee shall report information if required by any of the following statutes.

(1) Texas Family Code, Chapter 2614, concerning abuse or neglect of minors;

(2) Texas Human Resources Code, Chapter 48, concerning abuse, neglect, or exploitation of elderly or disabled persons;

(3) Texas Health and Safety Code, Chapter 161, Subchapter K, §161.131 et seq., concerning abuse, neglect, and illegal, unprofessional, or unethical conduct in an in-patient mental health facility, a chemical dependency treatment facility or a hospital providing comprehensive medical rehabilitation services; and

(4) Texas Civil Practice and Remedies Code, §81.006, concerning sexual exploitation by a mental health services provider.

(5) A licensee shall comply with Occupations Code, Chapter 109, relating to the release and exchange of information concerning the treatment of a sex offender.

(e) A licensee shall keep accurate records of therapeutic services to include, but not be limited to, dates of services, types of services, progress or case notes and billing information for a minimum of 5 years for an adult client and 5 years beyond the age of 18 for a minor.

[(a) A therapist shall follow the rules of confidentiality and the provisions regarding the release of mental health records set forth in the Health and Safety Code, Chapter 611, and other applicable laws related to mental health records.]

(f) [ ~~(b)~~ ] A licensee [ ~~therapist~~ ] shall retain and dispose of client records in such a way that confidentiality is maintained.

(g) In independent practice, establish a plan for the custody and control of the licensee's client mental health records in the event of the licensee's death or incapacity, or the termination of the licensee's professional services.

(h) A licensee shall report sexual misconduct as follows.

(1) In addition to the requirements under subsection (d) of this section, if a licensee has reasonable cause to suspect that a client has been the victim of a sexual exploitation, sexual contact, or therapeutic deception by another licensee or a mental health services provider during therapy or any other course of treatment, or if a client alleges sexual exploitation, sexual contact, or therapeutic deception by another licensee or mental health services provider (during therapy or any other course of treatment), the licensee shall report alleged misconduct not later than the seventh day after the date the licensee became aware of the misconduct or the allegations to:

(A) the district attorney in the county in which the alleged sexual exploitation, sexual contact, or therapeutic deception occurred;

(B) the board if the misconduct involves a licensee; and

(2) Before making a report under this subsection, the reporter shall inform the alleged victim of the reporter's duty to report and shall determine if the alleged victim wants to remain anonymous.

(3) A report under this subsection need contain only the information needed to:

(A) identify the reporter;

(B) identify the alleged victim, unless the alleged victim has requested anonymity;

(D) provide the name of the alleged perpetrator.

§801.49. Licensees [ ~~Therapists~~ ] and the Board.

(a) Any person licensed by the board [ ~~as a therapist~~ ] is bound by the provisions of the Act and this chapter.

(b) A licensee [ ~~therapist~~ ] shall report alleged misrepresentations or violations of this chapter to the board [ ~~board's executive director~~ ].

(c) The licensee shall report name changes, any changes in home or business, address or phone number [ ~~changes~~ ], employment setting , or other relevant changes[ ~~, etc.~~ ] to the board in writing and signed within 30 days of the change .

(d) (No change.)

~~[(e) The board may ask any applicant for licensure whose file contains negative references of substance to come before the board for an interview before the licensure process may proceed.]~~

(e) [ ~~(f)~~ ] The [ ~~board may consider the~~ ] failure of a licensee [ ~~therapist~~ ] to timely respond to a request from the board or staff [ ~~executive director~~ ] for information or other correspondence is [ as ] unprofessional conduct and grounds for disciplinary proceedings [ ~~in accordance with Subchapter L of this chapter (relating to Complaints and Violations)~~ ].

(f) A licensee shall provide documentation to the board within 30 days of the granting of an academic degree relevant to the practice of marriage and family therapy.

§801.50.Assumed Names.

(a) An individual practice by a licensee [ ~~therapist~~ ] may be incorporated in accordance with Texas Business Organizations Code, Chapter 301 (relating to Provisions Relating to Professional Entities) or other applicable law.

(b) When an assumed name is used in any practice of therapy, the name of the licensee [ ~~therapist~~ ] must be listed in conjunction with the assumed name. An assumed name used by a licensee [ ~~therapist~~ ] must not be false, deceptive, or misleading.

§801.51.Consumer Complaint Information.

(a) A licensee shall inform each client of the name, address, and telephone number of the board for the purpose of directing complaints to the board [ ~~reporting violations of the Act or this chapter as follows~~ ]:

(1) on each registration form, application , or written contract for services;

(2) on a sign prominently displayed in the [ ~~primary~~ ] place of business; or

(3) in [ on ] a bill for therapy services provided to a client or third party.

(b) - (c) (No change.)

§801.52.Display of License Certificate.

(a) A licensee [ ~~therapist~~ ] shall display the license certificate and annual renewal card , issued by the board, in a prominent place in the primary location of practice.

(b) A licensee [ ~~therapist~~ ] shall display only an original of the license certificate or annual renewal card issued by the board.

(c) A licensee [ ~~therapist~~ ] shall not make any alteration on a license certificate or annual renewal card issued by the board.

(d) A licensee [ ~~therapist~~ ] shall not display a license certificate or renewal card issued by the board that has been reproduced or is expired, suspended, or revoked.

§801.53.Advertising and Announcements.

(a) Information used by a licensee [ ~~therapist~~ ] in any advertisement or announcement of services shall not contain information which is false, misleading, deceptive, inaccurate, incomplete, [ or ] out of context , or not readily verifiable . Advertising includes, but is not limited to, any announcement of services, letterhead, business cards, commercial products, and billing statements. Only the highest academic degree earned from an accredited college or university or only the highest academic degree earned at a foreign university that has been determined to be equivalent to a degree from an accredited institution or program by a member of the National Association of Credential Evaluation Services and relevant to the profession of therapy or a therapy-related field shall be used when advertising or announcing therapeutic services to the public or in therapy-related professional representations. A licensee [ ~~therapist~~ ] may advertise or announce his or her other degrees or equivalent degrees earned at foreign institutions from accredited colleges or universities if the subject of the degree is specified.

(b) False, misleading, or deceptive advertising or advertising that is not readily subject to verification includes advertising that:

(1) makes any material misrepresentation of fact or omits a fact necessary to make the statement as a whole not materially misleading;

(2) makes any representation likely to create an unjustified expectation about the results of a health care service or procedure;

(3) compares a health care professional's services with another health care professional's services unless the comparison can be factually substantiated;

(4) contains a testimonial that includes false, deceptive, or misleading statements, or fails to include disclaimers or warnings as to the credentials of the person making the testimonial;

(5) causes confusion or misunderstanding as to the credentials, education, or licensure of a health care professional;

(6) advertises or represents that health care insurance deductibles or co-payments may be waived or are not applicable to health care services to be provided if the deductibles or co-payments are required;

(7) advertises or represents that the benefits of a health benefit plan will be accepted as full payment when deductibles or co-payments are required;

(8) makes a representation that is designed to take advantage of the fears or emotions of a particularly susceptible type of patient; or

(9) advertises or represents in the use of a professional name a title or professional identification that is expressly or commonly reserved to or used by another profession or professional.

(c) [ ~~(b)~~ ] The board imposes no restrictions on advertising by a licensee [ ~~therapist~~ ] with regard to the use of any medium, the licensee's [ ~~therapist's~~ ] personal appearance, or the use of his or her personal voice, the size or duration of an advertisement by a licensee [ ~~therapist~~ ], or the use of a trade name. A licensee who retains or hires others to advertise or promote the licensee's practice remains responsible for the statements and representations made.

(d) [ ~~(c)~~ ] All advertisements or announcements of therapeutic services including telephone directory listings by a person licensed by the board shall clearly state the licensee's [ ~~therapist's~~ ] licensure status by the use of a title such as "Licensed Therapist", or "Licensed Marriage and Family Therapist", or "L.M.F.T.", "Licensed Marriage and Family Therapist Associate" or "LMFT-A", or a statement such as "licensed by the Texas State Board of Examiners of Marriage and Family Therapists . "[ . ]

(e) [ ~~(d)~~ ] A licensee [ ~~therapist~~ ] shall not include in advertising or announcements any information or any reference to certification in a field outside of therapy or membership in any organization that may be confusing or misleading to the public as to the services or legal recognition of the licensee [ ~~therapist~~ ].

(f) An LMFT or LMFTA holding a provisional license shall indicate the provisional status on all advertisements, billing, and announcements of treatment by the use of the term "Provisional Licensed Marriage and Family Therapist or Provisional Licensed Marriage and Family Therapist Associate", as appropriate.

§801.54.Research and Publications.

(a) In research with a human subject, a licensee [ ~~therapist~~ ] is responsible for the subject's welfare throughout a project and shall take reasonable precautions so that the subject shall suffer no injurious emotional, physical, or social effect.

(b) A licensee [ ~~therapist~~ ] shall disguise data obtained from a therapeutic relationship for the purposes of education or research to ensure full protection of the identity of the subject client.

(c) When conducting and reporting research, a licensee [ ~~therapist~~ ] must give recognition to previous work on the topic as well as observe all the copyright laws.

(d) A licensee [ ~~therapist~~ ] must give due credit through joint authorship, acknowledgment, footnote statements, or other appropriate means to those who have contributed significantly to the licensee's [ ~~therapist's~~ ] research or publication.

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 January 18, 2008.

TRD-200800257

Waymon Hinson, Ph.D.

Chair

Texas State Board of Examiners of Marriage and Family Therapists

Earliest possible date of adoption: March 2, 2008

For further information, please call: (512) 458-7111 x6972

Subchapter D. APPLICATION PROCEDURES

22 TAC §801.72

STATUTORY AUTHORITY

The amendment affects Occupations Code, Chapter 502; and Government Code, Chapter 2001.

§801.72.General.

(a) - (b) (No change.)

(c) An application [ ~~Applications~~ ] must be complete within one year of the original date of filing . An application that is not completed one year past the date an application is opened is voided. [ ~~or the application may be voided.~~ ]

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 January 18, 2008.

TRD-200800258

Waymon Hinson, Ph.D.

Chair

Texas State Board of Examiners of Marriage and Family Therapists

Earliest possible date of adoption: March 2, 2008

For further information, please call: (512) 458-7111 x6972

Subchapter E. CRITERIA FOR DETERMINING FITNESS OF APPLICANTS FOR EXAMINATION AND LICENSURE

22 TAC §801.92

STATUTORY AUTHORITY

The amendment affects Occupations Code, Chapter 502; and Government Code, Chapter 2001.

§801.92.Finding of Non-Fitness for Licensure.

The substantiation of any of the following items related to an applicant may be, as the board determines, the basis for the denial of a license [ ~~an associate license or a regular license of the applicant~~ ]:

(1) - (2) (No change.)

(3) the violation of any provision of the Act or this chapter in effect at the time of application which is applicable to an unlicensed person; [ or ]

(4) the violation of any provision of code of ethics which would have applied if the applicant had been a licensee at the time of the violation ; or [ . ]

(5) criminal conviction per §801.332 of this title (relating to Criminal Conviction).

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 January 18, 2008.

TRD-200800259

Waymon Hinson, Ph.D.

Chair

Texas State Board of Examiners of Marriage and Family Therapists

Earliest possible date of adoption: March 2, 2008

For further information, please call: (512) 458-7111 x6972

Subchapter F. ACADEMIC REQUIREMENTS FOR EXAMINATION AND LICENSURE

22 TAC §§801.112 - 801.115

STATUTORY AUTHORITY

The amendments and new section are authorized by Occupations Code, §502.104, which requires the board to develop policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and staff of the department; by Occupations Code, §502.151, which authorizes the board to adopt rules necessary to determine the qualifications and fitness of a license applicant and to establish standards of conduct and ethics for license holders; by Occupations Code, §502.152, which authorizes the board to adopt rules establishing the board's procedures; by Occupations Code, §502.153, which authorizes the board to set fees; by Occupations Code, §502.204, which authorizes the board to adopt rules concerning the investigation of a complaint filed with the board; by Occupations Code, §502.303, which requires the board to establish mandatory continuing education requirements for license holders; and, by Occupations Code, §502.353, which requires the board to adopt procedures regarding an informal proceeding held in compliance with Government Code, §2001.056.

The amendments and new section affect Occupations Code, Chapter 502; and Government Code, Chapter 2001.

§801.112.General.

(a) The board shall accept as meeting academic requirements for licensure as a marriage and family therapist associate the following: [ licensure requirements graduate work done at American universities which hold accreditation or candidacy status from accepted regional educational accrediting associations as reported by the American Association of Collegiate Registrars and Admissions Officers. ]

(1) a master's degree or doctorate degree in marriage and family therapy from a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE);

(2) a master's degree or doctorate degree in marriage and family therapy from an accredited institution or program as defined in §801.2 of this title (relating to Definitions), but the program is not accredited by COAMFTE, provided that the practicum is at least 9 credit hours or 12 months. If the practicum is not at least 9 credit hours or 12 months an applicant may be approved to take the licensing examination and may be issued an associate license upon successfully passing the examination. Prior to receiving a license as a marriage and family therapist under this section, the applicant shall complete the pre-graduation practicum deficit in addition to the post-graduate supervised experience requirements consistent with the requirements in §801.142 of this title (relating to Supervised Clinical Experience Requirements and Conditions); or

(3) a master's or doctorate degree from an accredited institution or program as defined in §801.2 of this title in a related mental health field with a planned course of study in marriage and family therapy as described in §801.113(d) and (e) of this title (relating to Academic Requirements) with minimum course content as described in §801.114 of this title (relating to Academic Course Content).

(b) Degrees and coursework received at foreign universities shall be acceptable only if the degree conferred and coursework has been determined by a member of the National Association of Credential Evaluation Services (NACES) to be equivalent to a degree conferred by or coursework completed in an accredited institution or program. [ ~~such coursework may be counted as transfer credit by accredited institutions.~~ ] It is the applicant's responsibility to have degrees and coursework so evaluated [ ~~by a professional transcript evaluation service approved by the board~~ ].

§801.113.Academic Requirements.

(a) - (c) (No change.)

(d) A degree or course work in a related mental health field must have been a planned course of study designed to train a person to provide direct services to assist individuals, families or couples in a therapeutic relationship in the resolution of cognitive, affective, behavioral or relational dysfunctions within the context of marriage or family systems.

(e) Examples of degrees in a related mental health field may include but are not limited to counseling, psychology, social work, or family studies with an emphasis on Marriage and Family Therapy. Degrees in fields other than those listed may be reviewed by an appropriate committee of the board for eligibility toward course equivalency.

§801.114.Academic Course Content.

An applicant who holds a graduate degree in a mental health related field must have course work in each of the following areas (one course equals three semester hours):

(1) - (6) (No change.)

(7) supervised clinical practicum--12 months or [ / ] nine hours.

§801.115.Academic Requirements and Supervised Clinical Practicum Equivalency for Applicants Currently Licensed in Another Jurisdiction.

An applicant who is currently licensed as a marriage and family therapist in another jurisdiction of the United States who does not meet the academic requirements in §801.114 of this title (relating to Academic Course Content) may be considered to have met the requirements according to the following.

(1) If an applicant has been licensed as a marriage and family therapist in a United States jurisdiction for the 5 years preceding the application, the academic requirements (including the practicum) will be considered to have been met. If licensed for any other period of 5 years, the board will determine whether academic requirements have been met.

(2) If an applicant has been licensed as a marriage and family therapist in a United States jurisdiction for less than 5 consecutive years, the applicant may make up any deficit in the practicum requirement by receiving 1 month of credit toward the requirement for every 2 months of independent licensed marriage and family therapy experience.

(3) If an applicant is licensed as a marriage and family therapist associate in another United States jurisdiction or has been licensed as a marriage and family therapist for less than 5 consecutive years, the applicant must meet all academic course requirements, including the practicum. The applicant may make up any deficit in the practicum requirement by applying post-graduate supervised experience accrued toward licensure as a licensed marriage and family therapist in another jurisdiction on a month for month equivalency by endorsement.

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 January 18, 2008.

TRD-200800260

Waymon Hinson, Ph.D.

Chair

Texas State Board of Examiners of Marriage and Family Therapists

Earliest possible date of adoption: March 2, 2008

For further information, please call: (512) 458-7111 x6972

Subchapter G. EXPERIENCE REQUIREMENTS FOR LICENSURE

22 TAC §801.142, §801.143

STATUTORY AUTHORITY

The amendments affect Occupations Code, Chapter 502; and Government Code, Chapter 2001.

§801.142.Supervised Clinical Experience Requirements and Conditions.

The following supervised clinical experience requirements and conditions shall apply.

(1) Supervised clinical experience accrued in Texas may only be accrued under licensure as a Licensed Marriage and Family Therapist Associate (with the exception noted in subparagraph (A)(ii)(III) of this paragraph).

(A) [ ~~(a)~~ ] The applicant must have completed a minimum of two years of work experience in marriage and family therapy services that:

(i) [ ~~(1)~~ ] includes at least 3,000 hours of clinical services to individuals, couples or families, of which at least 1,500 hours must be direct clinical services, 750 hours to couples or families, and the remaining 1,500 hours may come from related experiences that may include but not be limited to workshops, public relations, writing case notes, consulting with referral sources, etc; and

(ii) [ ~~(2)~~ ] the applicant must be supervised in a manner acceptable to the board, including:

(I) [ ~~(A)~~ ] at least 200 hours of supervision;

(II) [ ~~(B)~~ ] of the 200 hours, at least 100 hours must be individual supervision;

(III) [ ~~(C)~~ ] of the 200 hours, no more than 100 hours may be transferred from the graduate program;

(IV) [ ~~(D)~~ ] at least 50 hours of the post-graduate supervision must be individual supervision.

(B) [ ~~(b)~~ ] An associate may practice marriage and family therapy in any established setting under supervision, such as a private practice, public or private agencies, hospitals, etc.

(C) [ ~~(c)~~ ] During the period of supervised experience, an associate may be employed on a salary basis or be used within an established supervisory setting. The established settings must be structured with clearly defined job descriptions and areas of responsibility. The board may require that the applicant provide documentation of all work experience.

(D) [ ~~(d)~~ ] During the post graduate supervision, both the supervisor and the associate may have disciplinary actions taken against their licenses for violations of the Act or rules.

(E) [ ~~(e)~~ ] Supervision must be conducted under a supervision contract, which must be submitted to the board on the official form within 60 days of the initiation of supervision.

(F) [ ~~(f)~~ ] Group supervised experience of an associate may count toward an associate's supervision requirement only if the supervision group consisted of a minimum of three and no more than six associates during the supervision hour.

(G) [ ~~(g)~~ ] Individual supervised experience of an associate may count toward the associate's supervision requirement only if the supervision consisted of no more than two associates.

(H) [ ~~(h)~~ ] The 200 hours of supervision must be face-to-face. The associate must receive a minimum of one hour of supervision every two weeks. A supervision hour is 45 minutes. Up to 50 hours of the 200 hours of face-to-face supervision may occur via telephonic or other electronic media, as approved by the supervisor.

(I) [ ~~(i)~~ ] An associate may have no more than two board-approved supervisors at a time, unless given prior approval by the board or its designee.

(J) [ ~~(j)~~ ] The associate may receive credit for up to 500 clock hours toward the required 3,000 hours of supervised clinical services by providing services via telephonic or other electronic media, as approved by the supervisor.

(2) Supervision and supervised clinical experience accrued toward licensure as a Licensed Marriage and Family Therapist in another jurisdiction are accepted by endorsement only (except as noted in paragraph (1)(A)(ii)(III) of this section).

(A) It is the applicant's responsibility to ensure that supervision and supervised experience accrued in another jurisdiction is verified by the jurisdiction in which it occurred and that the other jurisdiction provides verification of supervision to the board.

(B) If an applicant has been licensed as a marriage and family therapist in a United States jurisdiction for the 5 years preceding the application, the supervised clinical experience requirements will be considered to have been met. If licensed for any other period of 5 years, the board will determine whether clinical experience requirements have been met.

§801.143.Supervisor Requirements.

(a) Supervisors are recognized by the board when subsection (a) or (b) of this section is met by submitting an application which includes the following four documents [ ~~documentation and verification of the following~~ ]:

(1) a graduate degree in marriage and family therapy or a graduate degree in a related mental health field, such as counseling and guidance, psychology, psychiatry, or clinical social work, from an accredited institution as defined in §801.2 of this title (relating to Definitions);

(2) [ ~~(1)~~ ] a license (which is not a provisional or an associate license) issued by the board or a license as a marriage and family therapist in another state or territory;

[(2) a graduate degree in marriage and family therapy or a graduate degree in a related mental health field, such as counseling and guidance, psychology, psychiatry, and clinical social work, from an accredited institution as defined in §801.2 of this title (relating to Definitions);]

(3) one of the following:

(A) successful completion of a one-semester graduate course in marriage and family therapy supervision from an accredited institution; or

(B) a 40 hour continuing education course in clinical supervision offered by a board approved provider; and

(4) at least 3,000 hours of direct client contact in the practice of marriage and family therapy over a minimum of three years as a licensed marriage and family therapist.

(b) In lieu of meeting the qualifications set forth in subsection (a) of this section, a person is an acceptable supervisor if the person has been designated as an approved supervisor or supervisor-in-training by the American Association for [ of ] Marriage and Family Therapy (AAMFT) before the person provides any supervision.

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 January 18, 2008.

TRD-200800261

Waymon Hinson, Ph.D.

Chair

Texas State Board of Examiners of Marriage and Family Therapists

Earliest possible date of adoption: March 2, 2008

For further information, please call: (512) 458-7111 x6972

Subchapter H. EXAMINATIONS

22 TAC §801.174

STATUTORY AUTHORITY

The amendment affects Occupations Code, Chapter 502; and Government Code, Chapter 2001.

§801.174.Licensure and Jurisprudence Examinations.

(a) The board shall accept the national licensure examination administered by the Association of Marital and Family Therapy Regulatory Boards (AMFTRB) or the state of California marriage and family therapy licensure examination [ ~~licensure examination shall be a written examination prescribed by the board which has been validated by an independent testing professional~~ ].

(b) - (j) (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 January 18, 2008.

TRD-200800262

Waymon Hinson, Ph.D.

Chair

Texas State Board of Examiners of Marriage and Family Therapists

Earliest possible date of adoption: March 2, 2008

For further information, please call: (512) 458-7111 x6972

Subchapter I. LICENSING

22 TAC §801.201

STATUTORY AUTHORITY

The amendment affects Occupations Code, Chapter 502; and Government Code, Chapter 2001.

§801.201.General Licensing.

(a) (No change.)

(b) The board will replace a lost, damaged, or destroyed license certificate upon a written request from the licensee [ ~~therapist~~ ] and payment of the duplicate license fee. Requests must include a statement detailing the loss or destruction of the licensee's [ ~~therapist's~~ ] original license or be accompanied by the damaged certificate.

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 January 18, 2008.

TRD-200800263

Waymon Hinson, Ph.D.

Chair

Texas State Board of Examiners of Marriage and Family Therapists

Earliest possible date of adoption: March 2, 2008

For further information, please call: (512) 458-7111 x6972

Subchapter J. LICENSE RENEWAL AND INACTIVE STATUS

22 TAC §§801.232, 801.235, 801.236

STATUTORY AUTHORITY

The amendments affect Occupations Code, Chapter 502; and Government Code, Chapter 2001.

§801.232.General.

(a) A licensee [ ~~therapist~~ ] must renew licensure biennially.

(b) Each licensee [ ~~therapist~~ ] is responsible for renewing licensure and paying the renewal fee before the expiration date and shall not be excused from paying late renewal fees or renewal penalty fees.

(c) A licensee [ ~~therapist~~ ] must have fulfilled continuing education requirements prescribed by the board rule in order to renew licensure.

(d) A licensee [ ~~therapist~~ ] whose license is not renewed due to failure to meet all requirements for licensure renewal shall return his or her license certificate to the board and shall not advertise or represent himself or herself as a licensed marriage and family therapist in any manner.

(e) - (f) (No change.)

§801.235.Late Renewal.

(a) A person who renews a license after the expiration date but on or within 90 days after the expiration date shall pay the renewal fee plus one-fourth of the current biennial license renewal fee [ ~~one-half the examination fee~~ ]. If a person's license has been expired for 90 days but less than one year the person may renew the license by paying to the board the renewal fee and a fee that is equal to one-fourth of the current biennial license renewal fee [ ~~the examination fee for licensure~~ ].

(b) A person whose license was not renewed within one year of the expiration date may seek to obtain a new license by reapplying for licensure, submitting to examination, and complying with current requirements and procedures for obtaining an original license.

§801.236.Inactive Status.

(a) - (f) (No change.)

(g) A licensee [ ~~therapist~~ ] may return to active status by written request to, and approval by, the board. Active status shall begin the first day of the month following board approval and payment of a license fee.

(h) Upon return to active status, the licensee [ ~~therapist~~ ] must begin accruing continuing education hours in order to fulfill the continuing education requirements prior to the next licensure renewal.

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 January 18, 2008.

TRD-200800264

Waymon Hinson, Ph.D.

Chair

Texas State Board of Examiners of Marriage and Family Therapists

Earliest possible date of adoption: March 2, 2008

For further information, please call: (512) 458-7111 x6972

Subchapter K. CONTINUING EDUCATION REQUIREMENTS

22 TAC §§801.261 - 801.264, 801.266

STATUTORY AUTHORITY

The amendments affect Occupations Code, Chapter 502; and Government Code, Chapter 2001.

§801.261.Purpose.

The purpose of this subchapter is to establish the continuing education requirements for the renewal of licensure which a licensee [ ~~therapist~~ ] must complete annually. These requirements are intended to maintain and improve the quality of professional services in marriage and family therapy provided to the public; and keep the licensee knowledgeable [ ~~maintain and improve the therapist's knowledge~~ ] of current research, techniques, and practice; and provide other resources which will improve skill and competence in marriage and family therapy. Continuing education hours must be relevant to the practice of marriage and family therapy.

§801.262.Deadlines.

Continuing education requirements for renewal shall be fulfilled during two-year periods beginning on the first day of a licensee's [ ~~therapist's~~ ] renewal period and ending on the last day of the licensee's [ ~~therapist's~~ ] renewal period.

§801.263.Requirements for Continuing Education.

A Licensed Marriage and Family Therapist [ ~~licensee~~ ] must complete 30 clock hours of continuing education acceptable to the board each renewal period as described in §801.262 of this title (relating to Deadlines). A Licensed Marriage and Family Therapist Associate must complete 15 clock hours of continuing education acceptable to the board each renewal period as described in §801.262 of this title (relating to Deadlines). All licensees are required to complete 6 [ ~~Six~~ ] hours of ethics [ ~~are required~~ ] each renewal period. A board-approved supervisor must complete at least 3 [ ~~three~~ ] hours of clinical supervision education each renewal period.

§801.264.Types of Acceptable Continuing Education.

Continuing education undertaken by a licensee [ ~~therapist~~ ] shall be acceptable to the board as credit hours if it is offered by an approved sponsor(s) in the following categories:

(1) participation in state and national conferences such as the American Association for [ of ] Marriage and Family Therapists (AAMFT) and Texas Association for [ of ] Marriage and Family Therapy [ ~~Therapists~~ ] (TAMFT).

(2) - (6) (No change.)

§801.266.Criteria for Approval of Continuing Education Activities.

Each continuing education experience submitted by a licensee will be evaluated on the basis of the following criteria.

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

~~[ ~~(4)~~ Credit may be earned for participation in clinical supervision as a marriage and family therapy associate not to exceed one-half of the biennial requirement.]~~

(4) [ ~~(5)~~ ] A presenter of a continuing education activity may earn 1.5 hours for each approved hour of continuing education presented, not to exceed one-half of the biennial continuing education requirement.

(5) [ ~~(6)~~ ] An author of a book or peer reviewed article which enhances a marriage and family licensee's [ ~~therapist's~~ ] knowledge or skill may be granted continuing education credit not to exceed one-half of the biennial continuing education requirement.

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 January 18, 2008.

TRD-200800265

Waymon Hinson, Ph.D.

Chair

Texas State Board of Examiners of Marriage and Family Therapists

Earliest possible date of adoption: March 2, 2008

For further information, please call: (512) 458-7111 x6972

Subchapter L. COMPLAINTS AND VIOLATIONS

22 TAC §§801.291, 801.294, 801.296, 801.297, 801.301, 801.303

STATUTORY AUTHORITY

The amendments and new rule are authorized by Occupations Code, §502.104, which requires the board to develop policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and staff of the department; by Occupations Code, §502.151, which authorizes the board to adopt rules necessary to determine the qualifications and fitness of a license applicant and to establish standards of conduct and ethics for license holders; by Occupations Code, §502.152, which authorizes the board to adopt rules establishing the board's procedures; by Occupations Code, §502.153, which authorizes the board to set fees; by Occupations Code, §502.204, which authorizes the board to adopt rules concerning the investigation of a complaint filed with the board; by Occupations Code, §502.303, which requires the board to establish mandatory continuing education requirements for license holders; and, by Occupations Code, §502.353, which requires the board to adopt procedures regarding an informal proceeding held in compliance with Government Code, §2001.056.

The amendments and new rule affect Occupations Code, Chapter 502; and Government Code, Chapter 2001.

§801.291.General.

The purpose of this subchapter is to establish procedures for the denial, revocation, probation, or suspension of a license, reprimand of a licensee, or imposition of an administrative penalty, and the procedures for filing complaints and allegations of statutory or rule violations.

(1) - (2) (No change.)

(3) If a suspension overlaps a license renewal date, the suspended marriage and family licensee [ ~~therapist~~ ] shall comply with the renewal procedures in this chapter; however, the suspension shall remain in effect pursuant to paragraph (2) of this subsection.

(4) (No change.)

§801.294.Violations by an Unlicensed Person.

(a) A person commits an offense if the person knowingly or intentionally acts as a licensed marriage and family therapist without being licensed by the board. Such an offense is a Class B misdemeanor.

(b) An unlicensed person who facilitates or coordinates the provision of professional services but does not act as a licensed marriage and family therapist is not in violation of the Act.

§801.296.Complaint Procedures.

(a) A person wishing to report a complaint or allege a violation of the Act or this chapter by a licensee or other person may [ ~~shall~~ ] notify the department staff [ ~~executive director~~ ]. The initial notification of a complaint may be in writing, by telephone, or by personal visit to the board office. A complaint shall not be accepted by the board office if the official complaint form is not filed within 5 years of the date of termination of the licensee-client relationship which gave rise to the alleged violations. If the client was a minor at the time of the alleged violation, this time limitation does not begin to run until the client reaches the age of 18 years. A complainant shall be notified of the non-acceptance of untimely complaints. This time limitation shall not apply to complaints involving violations of §801.45 of this title (relating to Sexual Misconduct) or the any of the board's other rules relating to sexual misconduct. The board may waive this time limit in cases of egregious acts or continuing threats to public health or safety when presented with evidence that warrants such action.

(b) Upon learning [ ~~receipt~~ ] of a complaint, the department staff [ ~~executive director or executive director's designee~~ ] may assist the person to obtain an official complaint form from the board's web site or offer to send to the complainant an official form which the complainant should complete and return to the board office. The executive director may refer an anonymous complaint for an investigation, if it appears that enough information has been provided regarding the alleged violation to conduct an investigation.

(c) Upon receipt of a written complaint, the department staff shall send an acknowledgment letter to the complainant. The [ ~~the~~ ] executive director or executive director's designee shall determine whether the complaint appears to be within the jurisdiction of the board. If the complaint does not appear to be within the jurisdiction of the board, the complaint will not be referred for an investigation, and will be referred to the board for review for jurisdiction. If the complaint does appear to be within the jurisdiction of the board, the executive director shall refer the complaint for an investigation and determine whether to notify the alleged violator of the complaint by mail within 45 days and request that the alleged violator submit a written response regarding the complaint within 15 [ ~~ten~~ ] days of receipt of the notice. The board may consider failure to respond to a request for a response to a complaint or failure to respond to a request for information to be evidence of failure to cooperate in an investigation. If the executive director determines that the respondent to the complaint should not be notified within 45 days by mail, an investigator of the department shall notify the respondent of the complaint by letter, by telephone, or in person.

(d) Department investigative staff [ ~~The executive director or executive director's designee~~ ] shall collect all information related to the complaint. Department investigative staff shall prepare an investigative report or summary. The chair shall appoint an ethics committee, which shall include at least one public board member, to review the complaint and the supporting documentation. The ethics committee shall be appointed to work with the executive director to:

(1) review each complaint and determine what action to take, if any;

(2) ensure that complaints are not dismissed without appropriate consideration;

(3) ensure that a person who files a complaint has an opportunity to explain the allegations made in the complaint; and

(4) dismiss complaint cases on which no formal action will be taken or recommend formal action to be taken and participate in subsequent due processes afforded to the respondent under the Act or this chapter.

(e) Department staff [ ~~The executive director or executive director's designee~~ ] shall keep an information file about each complaint which will include the following:

(1) - (4) (No change.)

(f) Department staff [ ~~The executive director or executive director's designee~~ ] shall periodically notify the parties to the complaint of status of the complaint until the complaint is resolved.

(g) The ethics committee, executive director, or executive director's designee may request further investigation of the complaint. [ After investigation has been completed, the person completing the investigation shall submit his or her findings to the ethics committee, executive director, or executive director's designee. The written investigative report shall set out all facts obtained during the investigation. ]

(h) After an investigation has been completed, the person completing the investigation shall submit the findings to the ethics committee, executive director, or executive director's designee. The written investigative report shall set out all facts obtained during the investigation. If the ethics committee determines that there are insufficient grounds to support the finding of a violation or act upon the complaint, the ethics committee may dismiss the complaint with a finding of no violation. Department staff [ ~~and the executive director or executive director's designee~~ ] shall give written notice of the dismissal to the complainant and the licensee or person against whom the complaint has been filed.

(i) If the ethics committee determines that there are sufficient grounds to support the finding of one or more violations [ ~~complaint~~ ], the ethics committee will consider the relevant factors identified in §801.301 of this title and the severity level and sanction guide in §801.302 of this title and determine what recommended action to take against the respondent to the complaint, if any. The Ethics Committee will report to the board any proposed disciplinary actions to be taken against a [ ~~the~~ ] licensee. If the respondent is not a licensee of the board or a person whose expired license is no longer renewable and is found to have violated the Occupations Code, Chapter 502, the board may issue an order to cease and desist and may refer the case to the Office of Attorney General for appropriate action.

(j) If the committee determines that a violation exists and that the circumstances surrounding the violation did not involve [ ~~is not~~ ] a serious risk of or did not result in significantly [ ~~complaint~~ ] affecting the health and safety of clients or other persons, the committee may resolve the complaint by informal methods such as an advisory notice or warning letter. The committee may also issue an advisory notice or a warning letter if the complaint did not result in a violation, but the circumstances surrounding the complaint are of concern of the board.

(k) If the executive director receives credible evidence that a licensee is engaging in acts that pose an immediate and significant threat of physical or emotional harm to the public, the executive director shall consult with the members of the Ethics Committee for authorization for an emergency suspension of the license.

(l) Ethics Committee meetings and policy are as follows:

(1) The Ethics Committee will meet on a regular basis to review and recommend action on complaints filed against licensees. Additionally, the committee will hold informal hearings to review previous committee actions at the request of a respondent.

(2) An agenda and completed reports of complaint investigations will be sent to committee members approximately two weeks prior to each meeting. The agenda will list all items to be considered by the committee. Complaints will be listed on the agenda by the assigned complaint tracking number. At the discretion of the executive director or the ethics committee members, a recording may be made of the ethics committee meeting, with the exception that an executive session may not be recorded.

(3) Persons who are not members of the committee are permitted to observe committee work unless the committee enters into executive session for legal consultation. committee members, staff, consultants and licensees against whom the complaint is filed and the person filing the complaint may participate in the discussion of a complaint pending action before the committee. The committee chair or committee by vote may impose time limitations on discussion.

(4) A report on all completed investigations will be provided to committee members. The report will include copies of information obtained in the investigation and a summary sheet with a staff recommendation for the disposition for each case. Cases that are recommended for closure may be listed together as a consent agenda item. Any committee member, consultant, or staff person may remove cases from the consent agenda for individual review upon request. All cases left on the consent agenda will be voted on as a group for closure. All other cases will be considered on an individual basis.

(5) The committee will base its decision regarding the validity of a complaint on the evidence documented in the report of the investigation. The committee may find that there is or is not evidence of a violation of licensing law or rules or the committee may request additional information of a case for later review. If the committee finds that a licensee has violated licensing law or rules, the committee will consider the established policy guidelines and other relevant factors in their recommendation of disciplinary action.

(6) All parties to a complaint will be notified of the findings and recommendations of the committee. The respondent to a complaint who disagrees with the action of the committee may submit a written statement of the reasons for his or her disagreement, and may request an informal hearing before the committee. Request for an informal hearing must be made within 10 days of the date of the letter stating the disposition of the case.

§801.297.Monitoring of Licensees.

(a) - (d) (No change.)

(e) The board may, as a condition of initial or continued licensure, require monitoring of a licensee who may pose a potential threat to public health or safety, regardless of whether a formal complaint has been received by the board. The board may require a licensee on monitoring status to comply with specified conditions set forth by the board. A licensee placed on this type of monitoring is not considered to have formal disciplinary action taken against their license, but must comply fully with the order of the board or face possible formal disciplinary action levied by the board. Factors that may constitute a potential threat to public health or safety may include, but are not limited to, reports of chemical abuse by a licensee, mental and/or physical health concerns, and/or criminal activity or allegations, whether pending or in final disposition by a court of law.

§801.301.Relevant Factors.

When a licensee has violated the Act or this chapter, three general factors combine to determine the appropriate sanction which includes : the culpability of the licensee; the harm caused or posed; and the requisite deterrence. It is the responsibility of the licensee to bring exonerating factors to the attention of the ethics committee or administrative law judge. Specific factors are to be considered as set forth herein.

(1) (No change.)

(2) Nature of the Violation. The following factors are identified:

(A) - (B) (No change.)

(i) - (iii) (No change.)

(D) (No change.)

(3) - (5) (No change.)

§801.303.Other Actions.

The ethics committee may resolve pending complaints by issuance of formal advisory letters informing licensees of their duties under the Act or this chapter, and whether the conduct or omission complained of appears to violate such duties. Such advisory letters may be introduced as evidence in any subsequent disciplinary action involving acts or omissions after receipt of the advisory letters. The ethics committee or executive director, as appropriate, may also issue informal reminders to licensees regarding compliance with minor licensing matters. The licensee is not entitled to a hearing on the matters set forth in formal advisory letters or informal reminders, but may submit a written response to be included with such letters in the licensing record.

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 January 18, 2008.

TRD-200800266

Waymon Hinson, Ph.D.

Chair

Texas State Board of Examiners of Marriage and Family Therapists

Earliest possible date of adoption: March 2, 2008

For further information, please call: (512) 458-7111 x6972

Subchapter M. LICENSING OF PERSONS WITH CRIMINAL BACKGROUNDS

22 TAC §801.332

STATUTORY AUTHORITY

The amendment affects Occupations Code, Chapter 502; and Government Code, Chapter 2001.

§801.332.Criminal Conviction.

(a) The board may suspend or revoke an existing license, disqualify a person from receiving a license, or deny a person the opportunity to be examined for a license because of a person's conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of a licensee [ ~~therapist~~ ] or if the crime involves moral turpitude.

(b) In considering whether a criminal conviction directly relates to the occupation of a licensee [ ~~therapist~~ ], the board shall consider:

(1) (No change.)

(2) the relationship of the crime to the purposes for requiring a license to be a licensed marriage and family therapist or licensed marriage and family therapist associate . The following felonies and misdemeanors relate to the license of a licensed marriage and family therapist or licensed marriage and family therapist associate [ ~~therapist~~ ] because these criminal offenses indicate an inability to perform as a therapist or a tendency to be unable to perform as a licensed marriage and family therapist or licensed marriage and family therapist associate [ ~~therapist~~ ]:

(A) - (B) (No change.)

(3) - (4) (No change.)

(5) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a licensed marriage and family therapist or licensed marriage and family therapist associate [ ~~therapist~~ ]. In making this determination, the board will apply the criteria outlined in Occupations Code, Chapter 53.

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 January 18, 2008.

TRD-200800267

Waymon Hinson, Ph.D.

Chair

Texas State Board of Examiners of Marriage and Family Therapists

Earliest possible date of adoption: March 2, 2008

For further information, please call: (512) 458-7111 x6972

Subchapter N. INFORMAL CONFERENCES

22 TAC §801.351

STATUTORY AUTHORITY

The amendment affects Occupations Code, Chapter 502; and Government Code, Chapter 2001.

§801.351.Informal Conference.

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

(l) At the discretion of the executive director or the ethics committee members, a [ ~~tape~~ ] recording may be made of some or all of the informal conference.

(m) [ ~~The ethics committee members or the executive director shall exclude from the informal conference all persons except witnesses during their testimony.~~ ] The complainant and others present at the request of the complainant, members of the board, the licensee or applicant, the licensee's or applicant's attorney, and board staff may remain for all portions of the informal conference, except consultation between the board [ ~~ethics committee~~ ] members, staff, and the board's legal counsel. Subject to the discretion of the board, witnesses, other than the complainant, may be allowed in the meeting only during their testimony.

(n) - (y) (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 January 18, 2008.

TRD-200800268

Waymon Hinson, Ph.D.

Chair

Texas State Board of Examiners of Marriage and Family Therapists

Earliest possible date of adoption: March 2, 2008

For further information, please call: (512) 458-7111 x6972