Part 21. TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
The Texas State Board of Examiners of Psychologists proposes amendments to §461.1, References by Board Members. The amendments are being proposed to make grammatical corrections to the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§461.1.References by Board Members.
Current members of the
Board
[
board
]
may not
provide
[
be used as
] references
for
[
by
] an applicant for any
license granted by
[
applications made to
] the
Board. Current Board
[
board. Applicants may use current board
] members
may
[
to
]
document any training and/or experience
an applicant
received under
the Board
[
a board
] member's 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 February 14, 2008.
TRD-200800892
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §461.2, Unofficial Statements and/or Decisions. The amendments are being proposed to make grammatical corrections to the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§461.2.Unofficial Statements and/or Decisions.
Unofficial statements made by a Board member, a Board
committee
[
Committee
] member, an
advisory committee
[
Advisory Committee
] member, or staff are not binding on the
Board. No member or representative of the Board may make statements
or decisions which are binding upon the Board in its deliberations
upon ultimate issues presented for Board decision. Issues which ordinarily
require Board decision include settlements of contested matters regarding
applications, applicant qualifications and licensure, complaint resolution
and/or legal matters involving modification, or Board rehearing of
any prior decision rendered by the Board in performance of those statutory
duties imposed by the provisions of the Psychologists' Licensing Act.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800893
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §461.5, Contents of License. The amendments are being proposed to make grammatical corrections to the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§461.5.Contents of License.
The license will
state the licensee's name and the designation of
[
show
] the highest relevant
academic
degree held at the time of licensure.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800894
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §461.6, File Updates. The amendments are being proposed to make grammatical corrections to the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§461.6.File Updates.
An
[
The
] applicant or
licensee
[
any person licensed by the Board
] is responsible for keeping his or her
professional
[
Board
] file updated.
All changes must be reported to the Board in writing within 90 days.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800895
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §461.7, License Statuses. The amendments are being proposed to clarify the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§461.7.License Statuses.
(a) Active Status. Any
licensee
[
person
]
with a license on active status may practice psychology pursuant to
that license. Any license that is not on inactive, delinquent, retired,
resigned, void or revoked status is considered to be on active status.
Active status is the only status under which a licensee may engage
in the practice of psychology.
(b) Inactive Status.
(1) A licensee may elect inactive status by applying to the Board and paying the fee set in Board Rule §473.5(b) of this title.
(2)
[
(1)
]
Licensees
[
Persons
] who seek inactive status must return their license to the Board. A
licensee
[
person
] may not [
engage
in the
] practice [
of
] psychology under an inactive license.
(3)
[
(2)
] A
licensee
[
person
] may place his/her active license on inactive status
for a period of two years. Reactivation of this license may occur
at any time during this two-year period without the person having
to take an exam provided that the person has notified the Board and
has paid the required fees. At the end of the two-year period, if
the license has not been reactivated, the license automatically becomes
void. The inactive status may be extended for additional increments
of two years if, prior to the end of each two-year period, the person
notifies the Board in writing that an extension is requested and submits
proof to the Board of continuous licensure by a psychology licensing
board in this or another jurisdiction for the past two-year period
and payment of all required fees. A
licensee
[
person
]
may indefinitely remain on inactive status if he/she is licensed in
this or another jurisdiction and complies with the extension requirements
set forth in this paragraph. Any
licensee
[
person
]
wishing to reactivate his/her license that has been on inactive status
for four years or more must take and pass the Jurisprudence Exam with
the minimum acceptable score as set forth in
Board rule
§463.14 of this title (relating to
cutoff scores
[
Cutoff Scores
])
unless the
licensee
[
person
] holds another license on active status with this Board.
(4)
[
(3)
] Any
licensee
[
person
] who returns to active status after having been on inactive
status must provide proof of compliance with Board
rule
[
Rule
] §461.11 of this title (relating to Continuing Education)
before reactivation will occur.
(5)
[
(4)
] A
licensee
[
person
] with a pending complaint may not place a license on
inactive status. If disciplinary action is taken against a
licensee's
[
person's
] inactive license, the
licensee
[
person
] must reactivate the license until the action has been terminated.
(6)
[
(5)
] Inactive status may
be extended for two additional years upon the Board's review and approval
of medical documentation of a catastrophic medical condition of the
licensee. The request for this extension must be received in writing
before the end of the current inactive status period and requires
payment of the $100 inactive status fee.
(c) Delinquent Status. A
licensee
[
person
]
who fails to renew his/her license for any reason when required is
considered to be on delinquent status. Any license delinquent for
more than 12 consecutive months shall be void (non-payment). A
licensee
[
person
] may not engage in the practice of psychology
under a delinquent license. The Board may sanction a delinquent licensee
for violations of Board rules.
(d) Restricted status. Any license that is currently
suspended, on probated suspension, or is currently required to fulfill
some requirements in a Board order is considered to be on restricted
status. A
licensee
[
person
] practicing under
a restricted license must comply with any restrictions placed thereon
by the Board.
(e) Retirement Status. A
licensee
[
person
]
who is on active or inactive status with the Board may retire by notifying
the Board in writing prior to the renewal date for the license. A
licensee
[
person
] seeking to retire after his or her renewal
date must submit proof of compliance with the Board's continuing education
requirement. A
licensee
[
person
] with a pending
complaint, a restricted license, or who is otherwise not in compliance
with all applicable Board rules may not retire his or her license.
Permission to retire will not be granted for the purpose of allowing
a licensee to avoid compliance with
Board rule
§461.11
of this title (relating to Continuing Education) unless the licensee
presents to the Board evidence of extreme medical hardship and the
Board grants the request. A
licensee
[
person
]
who retires shall be reported to have retired in good standing.
(f) Resignation Status. A
licensee
[
person
] may resign only upon express agreement by the Board. A
licensee
[
person
] who resigns shall be reported as:
(1) Resigned in lieu of adjudication if permitted to resign while a complaint is pending;
(2) Resigned in lieu of further disciplinary action if permitted to resign while the license is subject to restriction; and
(g) Void (Non-Payment) Status. The Board may void any license that has been delinquent for 12 months or more or any inactive license that has expired. An individual may not engage in the practice of psychology under a void license. A license that has been voided may not be reinstated for any reason. A licensee whose license has been voided must submit a new application if he or she wishes to obtain a new license with the Board.
(h) Revoked Status. A license is revoked pursuant to Board Order requiring revocation as a disciplinary action.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800896
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §461.13, Errors. The amendments are being proposed to make grammatical corrections to the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§461.13.Errors.
If the
Board
[
board
] discovers an error
was made in processing an application, in examining an applicant,
or in any of its other activities, the
Board
[
board
]
has the authority to correct this error.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800897
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to rule §463.6, Regionally Accredited Institutions. The amendments are being proposed to make corrections to the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§463.6.Regionally Accredited Institutions.
A regionally accredited educational institution stated in
§§501.255(a)(1)(A),
[
§§501.252(a)(1)(A),
] 501.259, 501.004
and 501.260 of the Act is defined as an educational institution which
satisfies the standards of the accrediting association in one of the
following six regions throughout the United States:
(1) Southern Association of Colleges and Schools
(2) Western Association of Schools and Colleges
(3) Northwest Association of Schools and Colleges
(4) North Central Association of Colleges and Schools
(5) New England Association of Schools and Colleges
(6) Middle States Association of Colleges and Schools
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800898
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §463.8, Licensed Psychological Associate. The amendments are being proposed to make grammatical corrections to the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§463.8.Licensed Psychological Associate.
(a) Application Requirements. A completed application
for licensure as a psychological associate includes, in addition to
the requirements set forth in §463.5 of this title (relating
to Application File Requirements), documentation of
450
[
four hundred and fifty clock
] hours of practicum internship,
or experience in psychology, in not more than two placements, supervised
by a licensed psychologist.
(b) Qualifications. A subdoctoral candidate for licensure
as a psychological associate shall meet the qualifications and requirements
of candidates at the doctoral level as stated in
§§501.255(a)(2)
- (9)
[
§501.255(a)(2)-(a)(9)
] of the Act.
(c) Educational Requirements. The Board requires a
master's degree which is primarily psychological in nature of at least
42
[
forty-two
] semester credit hours for subdoctoral licensure. Of these
42
[
forty-two
] hours, at least
27
[
twenty-seven
] graduate level semester
credit hours (exclusive of practicum) must have been in psychology.
Six semester credit hours of thesis credit in a department of psychology
may be counted toward these
27
[
twenty-seven
]
semester credit hours. Four hundred and fifty clock hours of practicum,
internship, or experience in psychology, in not more than two placements,
supervised by a licensed psychologist, must be completed before the
written exam may be taken. No experience which is obtained from a
psychologist who is related within the second degree of affinity or
within the second degree by consanguinity to the person may be considered
for psychological associate licensure. Applicants who have a master's
degree in psychology conferred from a psychology program in a regionally
accredited educational institution, and who have not satisfied the
Board's requirements, will be given an opportunity to satisfy the
current requirements of the Board. Requirements include:
(1) enrollment in a regionally accredited college or university in a formal master's or doctoral degree program in psychology;
(2) completion of a maximum of an additional
12
[
twelve
] semester hours of course work to satisfy the Board's requirement of
42;
[
forty-two;
]
(3) submission of a letter from the official in charge
of the psychology program offering the additional course work stating
that the applicant's graduate degree in psychology, with this additional
prescribed course work, is equivalent to a
42 hour
[
forty-two-hour
] master's degree in psychology from that program; and
(4) submission of a transcript from the educational institution.
(d) Coursework. The application for licensure as a psychological associate shall include course titles and the names of instructors. If questions exist as to the content of course work, the Board may require the applicant to furnish a catalogue of the university or college where the courses were taken and the addresses of instructors.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800899
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §463.9, Licensed Specialist in School Psychology. The amendments are being proposed to clarify the requirement that LSSP interns enrolled in formal programs and LSSP trainees approved by the Board may provide psychological services in the public schools before obtaining licensure as LSSPs.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§463.9.Licensed Specialist in School Psychology.
(a) Application Requirements. A completed application for licensure as a specialist in school psychology includes the following, in addition to the requirements set forth in §463.5 of this title (relating to Application File Requirements):
(1) Documentation of an appropriate graduate degree; and
(2) Documentation from the National School Psychologists' Certification Board sent directly to the Board indicating the applicant holds current valid certification as a National Certified School Psychologist (NCSP) ; or
(3) Documentation of the following sent directly to the Board:
(A) transcripts that verify that the applicant has met the requirements set forth in subsection (b) of this section;
(B) proof of the internship required by subsection (c) of this section if the applicant did not graduate from either a training program approved by the National Association of School Psychologists (NASP) or a training program in school psychology accredited by the American Psychological Association (APA) ; and
(C) the score that the applicant received on the School
Psychology Examination sent directly from the Education Testing Service
; and
[
.
]
(D) three acceptable reference letters from three different individuals who are licensed as psychologists or specialists in school psychology or are credentialed in school psychology in their respective jurisdictions.
(b) Training Qualifications. Candidates for licensure
as a specialist in school psychology who hold a currently valid [
National Certified School Psychologist (
] NCSP[
)
] certification
or who have graduated from a training program approved by the
NASP
[
National Association of School Psychologists
] or accredited in School Psychology by the
APA
[
American Psychological Association
] will be considered to have met the training and
internship qualifications. All other applicants must have completed
a graduate degree in psychology from a regionally accredited academic
institution, and have completed at least 60 graduate level semester
credit hours, also from a regionally accredited academic institution,
no more than 12 of which may be internship hours. All 60 hours do
not have to be obtained prior to the conferral of the graduate degree
and the applicant need not be formally enrolled in a psychology program
to obtain graduate hours after the degree date. For purposes of this
rule, a graduate degree in psychology means the name of the candidate's
major or program of studies must be titled psychology. These applicants
must submit evidence of graduate level coursework as follows:
(1) Psychological Foundations
,
[
;
]
including:
(A) biological bases of behavior;
(B) human learning;
(C) social bases of behavior;
(D) multi-cultural bases of behavior;
(E) child or adolescent development;
(F) psychopathology or exceptionalities;
(2) Research and Statistics;
(3) Educational Foundations
,
[
;
]
including any of the following:
(A) instructional design;
(B) organization and operation of schools;
(C) classroom management; or
(D) educational administration;
(4) Assessment
,
[
;
] including:
(A) psychoeducational assessment;
(B) socio-emotional, including behavioral and cultural, assessment;
(5) Interventions
,
[
;
] including:
(A) counseling ;
(B) behavior management ;
(C) consultation ;
(6) Professional, Legal and Ethical Issues; and
(7) A Practicum .
(c) Completion of internship. Applicants must have
completed a minimum of 1200 hours, of which 600 must be in a public
school. A formal internship or other site-based training must be provided
through a formal course of supervised study from a regionally accredited
institution of higher education in which the applicant was enrolled
or be obtained in accordance with §463.11(c)(1) and (c)(2)(C)
of this title (relating to Licensed Psychologist). The internship
in the public school must be supervised by an individual qualified
in accordance with §465.38 of this title (relating to Psychological
Services in the Schools). Internship which is not obtained in a public
school must be supervised by a licensed psychologist. No experience
with a supervisor who is related within the second degree of affinity
or within the second degree by consanguinity to the person, or is
under Board disciplinary order, may be considered for specialist in
school psychology licensure. Internships may not involve more than
two sites (a school district is considered one site) and
must
[
may
] be obtained in not less than one or more than two academic
years. These individuals must be designated as interns. Direct, systematic
supervision must involve a minimum of one face-to-face contact hour
per week or two consecutive face-to-face contact hours once every
two weeks with the intern. The internship must include direct intern
application of assessment, intervention, behavior management, and
consultation, for children representing a range of ages, populations
and needs.
(d) Additional Requirements. In addition to the requirements of subsection (a) through (c) of this section, applicants for licensure as a specialist in school psychology must meet the requirements imposed under §501.255(a)(2)-(a)(9) of the Psychologists' Licensing Act.
(e) Examinations. Applicants must take the National School Psychology Examination administered by the Educational Testing Service and obtain at least the current cut-off score for the NCSP before applying for the licensed specialist in school psychology. Following Board approval, an applicant for licensure as a specialist in school psychology must take and pass the Board's Jurisprudence Examination.
(f) Trainee Requirements. An applicant for the specialist in school psychology license who meets all requirements, prior to taking and passing the Jurisprudence examination, may, in accordance with §465.38(4) of this title (relating to Psychological Services in the Schools), practice under supervision as a trainee for up to one calendar year.
(g) Provision of psychological services in the public schools by unlicensed individuals. An individual may legally provide psychological services in the public schools as an intern provided that the individual is enrolled in an internship, practicum or other site based training in a school psychology program at a regionally accredited institution of higher education. Once an individual has completed the internship required for licensure as an LSSP and is no longer enrolled in a formal program, the individual may not provide psychological services in the public schools. After the individual has passed the National School Psychology Exam, he or she must apply for licensure as an LSSP with the Board. After the Board has reviewed the LSSP application and approved the training of the applicant, the applicant will be issued an LSSP trainee status letter which allows them to practice in accordance with the LSSP trainee requirements of this rule.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800900
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §463.10, Provisionally Licensed Psychologist. The amendments are being proposed to make grammatical corrections to the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§463.10.Provisionally Licensed Psychologist.
(a) Application Requirements. An application for provisional licensure as a psychologist includes, in addition to the requirements set forth in §463.5 of this title (relating to Application File Requirements), an official transcript which indicates that the applicant has received a doctoral degree in psychology. Additionally, the applicant must meet the requirements of §501.255 of the Psychologists' Licensing Act.
(b) Degree Requirements.
(1) The applicant's transcript must state that the applicant has a doctoral degree that designates a major in psychology. Additionally, the doctoral degree must be from a regionally accredited institution.
(2) The substantial equivalence of a doctoral degree received prior to January 1, 1979, based upon a program of studies whose content is primarily psychological means a doctoral degree based on a program which meets the following criteria:
(A) Post-baccalaureate program in a regionally accredited
institution of higher learning. The program must have a minimum of
90
[
ninety
] semester hours, not more than
12
[
twelve
] of which are credit for doctoral dissertation and not
more than six of which are credit for master's thesis.
(B) The program, wherever it may be administratively
housed, must be clearly identified and labeled. Such a program must
specify in pertinent institutional
catalogs
[
catalogues
]
and brochures its intent to educate and train professional psychologists.
(C) The program must stand as a recognizable, coherent organizational entity within the institution. A program may be within a larger administrative unit, e.g., department, area, or school.
(D) There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines. The program must have identifiable faculty and administrative heads who are psychologists responsible for the graduate program. Psychology faculty are individuals who are licensed or provisionally licensed or certified psychologists, or specialists of the American Board of Professional Psychology (ABPP) , or hold a doctoral degree in psychology from a regionally accredited institution.
(E) The program must be an integrated, organized sequence of studies, e.g., there must be identifiable curriculum tracks wherein course sequences are outlined for students.
(F) The program must have an identifiable body of students who matriculated in the program.
(G) The program must include supervised practicum,
internship, field or laboratory training appropriate to the practice
of psychology. The supervised field work or internship must have been
a minimum of 1,500 supervised hours, obtained in not less than a
12
[
twelve
] month period nor more than a
24
[
twenty-four
] month period. Further, this requirement cannot have been obtained
in more than two placements or agencies.
(H) The curriculum shall encompass a minimum of two academic years of full-time graduate studies for those persons who have enrolled in the doctoral degree program after completing the requirements for a master's degree. The curriculum shall encompass a minimum of four academic years of full-time graduate studies for those persons who have entered a doctoral program following the completion of a baccalaureate degree and prior to the awarding of a master's degree. It is recognized that educational institutions vary in their definitions of full-time graduate studies. It is also recognized that institutions vary in their definitions of residency requirements for the doctoral degree.
(I) The following curricular requirements must be met and demonstrated through appropriate course work:
(i) Scientific and professional ethics related to the field of psychology.
(ii) Research design and methodology, statistics.
(iii) The applicant must demonstrate competence in each of the following substantive areas. The competence standard will be met by satisfactory completion at the B level of a minimum of six graduate semester hours in each of the four content areas. It is recognized that some doctoral programs have developed special competency examinations in lieu of requiring students to complete course work in all core areas. Graduates of such programs who have not completed the necessary semester hours in these core areas must submit to the Board evidence of competency in each of the four core areas.
(I) Biological basis of behavior: physiological psychology, comparative psychology, neuropsychology, sensation and perception, psycho-pharmacology.
(II) Cognitive-affective basis of behavior: Learning, thinking, motivation, emotion.
(III) Social basis of behavior: social psychology, group processes, organizational and system theory.
(IV) Individual differences: personality theory, human development, abnormal psychology.
(J) All educational programs which train persons who
wish to be identified as psychologists will include course requirements
in specialty areas. The applicant must demonstrate a minimum of
24
[
twenty-four
] hours in his/her designated specialty area.
(3) Any person intending to apply for provisional licensure under the substantial equivalence clause must file with the Board an affidavit showing:
(A) Courses meeting each of the requirements noted in paragraph (2) of this subsection above verified by official transcripts;
(B) Information regarding each of the instructors in the courses submitted as substantially equivalent;
(C) Appropriate, published information from the university
awarding the degree, demonstrating that criteria
in paragraphs (2)(A) - (J) of this subsection
[
one through ten above
]
have been met.
(c) An applicant for provisional licensure as a psychologist who is accredited by Certificate of Professional Qualification in Psychology (CPQ) or the National Register or who is a specialist of ABPP will have met the following requirements for provisional licensure: submission of an official transcript which indicates the date the doctoral degree in psychology was awarded or conferred, submission of documentation of the passage of the national psychology examination at the doctoral level at the Texas cut-off score, and submission of three acceptable reference letters. All other requirements for provisional licensure must be met by these applicants. Additionally, these applicants must provide documentation sent directly from the qualifying entity to the Board office declaring that the applicant is a current member in the organization and has had no disciplinary action from any state or provincial health licensing board.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800901
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §463.11, Licensed Psychologist. The amendments are being proposed to make grammatical corrections to the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§463.11.Licensed Psychologist.
(a) Application Requirements by Provisional Licensure. This application is provided free of charge to the applicant who has taken the oral examination. Upon passage of the oral examination, the applicant may submit the licensed psychologist application. An application for licensure as a psychologist includes, in addition to the requirements set forth in §463.5(1) of this title (relating to Application File Requirements):
(1) Documentation of current licensure as a provisionally licensed psychologist in good standing.
(2) Documentation indicating passage of the Board's Oral Examination.
(3) Documentation of two years of supervised experience from a licensed psychologist which satisfies the requirements of the Board. The formal year must be documented by the Director of Internship Training.
(4) Documentation of licensure in other jurisdictions, including information on disciplinary action and pending complaints, sent directly to the Board.
(b) Degree Requirements. The degree requirements for licensure as a psychologist are the same as for provisional licensure as stated in §463.10 of this title (relating to Provisionally Licensed Psychologist).
(c) Supervised Experience. In order to qualify for licensure, a psychologist must submit proof of two years of supervised experience, at least one year of which must have been received after the doctoral degree was officially conferred or completed, whichever is earliest, as shown on the official transcript, and at least one year of which must have been a formal internship. The formal internship year may be met either before or after the doctoral degree is conferred or completed. Supervised experience must be obtained in a minimum of two, and no more than three, calendar years, for full-time experience.
(1) General. All supervised experience for licensure as a psychologist, including the formal internship, must meet the following requirements:
(A) Experience may be obtained only in either a full-time or half-time setting.
(B) A year of full-time supervised experience is defined
as a minimum of 35 hours per week employment/experience in not less
than
12
[
twelve
] consecutive calendar months in not more than two placements.
(C) A year of half-time supervised experience is defined as a minimum of 20 hours per week employment/experience in not less than 24 consecutive calendar months in not more than two placements.
(D) A year of full-time experience may be acquired through a combination of half-time and full-time employment/experience provided that the equivalent of a full-time year of supervision experience is satisfied.
(E) One calendar year from the beginning of ten consecutive months of employment/experience in an academic setting constitutes one year of experience.
(F) When supervised experience is interrupted, the Board may waive upon a showing of good cause by the supervisee, the requirement that the supervised experience be completed in consecutive months. Any consecutive experience obtained before or after the gap must be at least six months unless the supervisor remains the same. Waivers for such gaps are rarely approved and must be requested in writing and include sufficient documentation to permit verification of the circumstances supporting the request. No waiver will be granted unless the Board finds that the supervised experience for which the waiver is sought was adequate and appropriate. Good cause is defined as:
(i) unanticipated discontinuance of the supervision setting,
(ii) maternity or paternity leave of supervisee,
(iii) relocation of spouse or spousal equivalent,
(iv) serious illness of the supervisee, or serious illness in supervisee's immediate family.
(G) A rotating internship organized within a doctoral program is considered to be one placement.
(H) The experience requirement must be obtained after official enrollment in a doctoral program.
(I) All supervised experience must be received from a psychologist licensed at the time supervision is received.
(J) The supervising psychologist must be trained in the area of supervision provided to the supervisee.
(K) No experience which is obtained from a psychologist who is related within the second degree of affinity or within the second degree by consanguinity to the person may be considered.
(L) All supervised experience obtained for the purpose of licensure must be conducted in accordance with all applicable Board rules.
(M) Experience received from a psychologist while the psychologist is practicing subject to an Agreed Board Order or Board Order shall not, under any circumstances, qualify as supervised experience for licensure purposes regardless of the setting in which it was received. Psychologists who become subject to an Agreed Board Order or Board Order shall inform all supervisees of the Agreed Board Order or Board Order and assist all supervisees in finding appropriate alternate supervision.
(N) The supervisee shall be designated by a title that clearly indicates a supervisory licensing status such as "intern," "resident," "trainee," or "fellow." An individual who is a provisionally licensed psychologist may use this title so long as those receiving psychological services are clearly informed that the individual is under the supervision of a licensed psychologist. Use of a different job title is permitted only if the supervisee is providing services for a government facility or other facility exempted under §501.004 of the Act (Applicability) and the supervisee is using a title assigned by that facility.
(O) The supervisee and supervisor must clearly inform those receiving psychological services as to the supervisory status of the individual and how the patient or client may contact the supervising licensed psychologist directly.
(2) Formal Internship. At least one year of experience must be satisfied by one of the following types of formal internship:
(A) The successful completion of an internship program accredited by the American Psychological Association (APA) ; or
(B) The successful completion of an organized internship meeting all of the following criteria:
(i) It must constitute an organized training program which is designed to provide the intern with a planned, programmed sequence of training experiences. The primary focus and purpose of the program must be to assure breadth and quality of training.
(ii) The internship agency must have a clearly designated staff psychologist who is responsible for the integrity and quality of the training program and who is actively licensed/certified by the licensing board of the jurisdiction in which the internship takes place and who is present at the training facility for a minimum of 20 hours a week.
(iii) The internship agency must have two or more full-time licensed psychologists on the staff as primary supervisors.
(iv) Internship supervision must be provided by a staff member of the internship agency or by an affiliate of that agency who carries clinical responsibility for the cases being supervised.
(v) The internship must provide training in a range of assessment and intervention activities conducted directly with patients/clients.
(vi) At least 25% of trainee's time must be in direct patient/client contact (minimum 375 hours).
(vii) The internship must include a minimum of two hours per week (regardless of whether the internship was completed in one year or two) of regularly scheduled formal, face-to-face individual supervision. There must also be at least two additional hours per week in learning activities such as: case conferences involving a case in which the intern was actively involved; seminars dealing with psychology issues; co-therapy with a staff person including discussion; group supervision; additional individual supervision.
(viii) Training must be post-clerkship, post-practicum and post-externship level.
(ix) The internship agency must have a minimum of two full-time equivalent interns at the internship level of training during applicant's training period.
(x) The internship agency must inform prospective interns about the goals and content of the internship, as well as the expectations for quantity and quality of trainee's work; or
(C) The successful completion of an organized internship program in a school district meeting the following criteria:
(i) The internship experience must be provided at or near the end of the formal training period.
(ii) The internship experience must occur on a full-time basis over a period of one academic year, or on a half-time basis over a period of two consecutive academic years.
(iii) The internship experience must be consistent with a written plan and must meet the specific training objectives of the program.
(iv) The internship experience must occur in a setting appropriate to the specific training objectives of the program.
(v) At least 600 clock hours of the internship experience must occur in a school setting and must provide a balanced exposure to regular and special educational programs.
(vi) The internship experience must occur under conditions of appropriate supervision. Field-based internship supervisors, for the purpose of the internship that takes place in a school setting, must be licensed as a psychologist and, if a separate credential is required to practice school psychology, must have a valid credential to provide psychology in the public schools. The portion of the internship which appropriately may take place in a non-school setting must be supervised by a psychologist.
(vii) Field-based internship supervisors must be responsible for no more than two interns at any given time. University internship supervisors shall be responsible for no more than twelve interns at any given time.
(viii) Field-based internship supervisors must provide at least two hours per week of direct supervision for each intern. University internship supervisors must maintain an ongoing relationship with field-based internship supervisors and shall provide at least one field-based contact per semester with each intern.
(ix) The internship site shall inform interns concerning the period of the internship and the training objectives of the program.
(x) The internship experience must be systematically evaluated in a manner consistent with the specific training objectives of the program.
(xi) The internship experience must be conducted in a manner consistent with the current legal-ethical standards of the profession.
(xii) The internship agency must have a minimum of two full-time equivalent interns at the internship level during the applicant's training period.
(xiii) The internship agency must have the availability of at least two full-time equivalent psychologists as primary supervisors, at least one of whom is employed full time at the agency and is a school psychologist.
(3) Industrial/Organizational Requirements. Individuals enrolled in an Industrial/Organizational doctoral degree program are exempt from the formal internship requirement and must complete two full years of supervised experience, at least one of which must be received after the doctoral degree is conferred and both of which must meet the requirements of paragraph (1) of this subsection. Individuals who do not undergo a formal internship pursuant to this paragraph should note that Board rules prohibit a psychologist from practicing in an area in which s/he does not have sufficient training and experience, of which a formal internship year is considered to be an integral 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 February 14, 2008.
TRD-200800902
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §463.14, Written Examinations. The amendments are being proposed to make grammatical corrections to the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§463.14.Written Examinations.
(a) Jurisprudence Examination. All applicants for licensure by the Board are required to pass the Jurisprudence Examination prior to licensure.
(b) Examination in School Psychology. Applicants for
licensure as a specialist in school psychology must take the National
School Psychology Examination administered by the Educational Testing
Service and obtain at least the current cut-off score for the
National Certified School Psychologist
[
NCSP
] before applying for the Licensed Specialist in School Psychology.
(c) Examination for Professional Practice in Psychology. All applicants for licensure as a psychological associate, provisional licensure as a psychologist, or licensure as a psychologist are required to pass the Examination for Professional Practice in Psychology (EPPP) prior to the Board granting licenses.
(d) Applicants Having Taken the Professional Examination. An applicant for licensure who has taken the EPPP in another jurisdiction will not be required to retake the exam provided that:
(1) the applicant's score satisfied the Board's current minimum acceptable score for licensure; and
(2) the applicant can demonstrate that he/she has remained professionally involved in psychology; i.e., at least half-time professional employment and/or academic enrollment in a regionally accredited educational institution.
(e) Doctoral Applicants Taking Exam at Master's Level. An applicant for provisional licensure as a psychologist who has taken the EPPP at the master's level will not be required to retake the exam provided that:
(1) the applicant's score satisfied the Board's current minimum acceptable score for doctoral level applicants; and
(2) the applicant can demonstrate that he or she has remained academically and/or professionally involved in psychology.
(f) Cutoff Scores. The minimum acceptable score for the EPPP is seventy percent (70%) of questions scored for psychologist licensure applicants and fifty-five percent (55%) of questions scored for psychological associate licensure applicants on the pencil and paper version of the test. For computer-delivered EPPP examinations, the cutoff scaled scores are 500 and 350 respectively. Applicants for licensure as a psychological associate must receive a minimum score of eighty percent (80%) of questions scored on the Board's Jurisprudence Examination. All other applications for licensure must receive a minimum score of ninety percent (90%) of questions scored on the Board's Jurisprudence Examination. The exam score of applicants for licensure who have already taken the EPPP must satisfy the requirements of the Board as of the date of application to the Board.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800903
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §463.15, Oral Examination. The amendments are being proposed to make grammatical corrections to the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§463.15.Oral Examination.
(a) Application Requirements. An application for the Oral
Examination
[
Exam
] includes an application
form, current passport picture of the applicant and required fee.
(b) Eligibility. To be eligible for licensure as a
psychologist, all provisionally licensed psychologists shall be required
to take and pass the
Oral Examination
[
oral exam
]
administered by the Board. Only provisionally licensed psychologists
may apply to take the
Oral Examination
[
oral exam
].
The Board shall waive this requirement for Specialists of the American
Board of Professional Psychology, Health Service Providers listed
in the National Register and for individuals who qualify for licensure
under reciprocity.
(c) A candidate for the
Oral Examination
[
oral examination
] must demonstrate sufficient entry-level knowledge
of the practice of psychology to pass the exam based on the following
standards:
(1) A candidate must have a total score of 64 or above from each of the two examiners to pass the exam.
(2) Scores are based on the demonstrated abilities of the candidate in nine content areas with a possible score in each content score of 9 points for a well articulated verbal answer, 8 points for a good or passing answer, 3 points for a weak, vague or incomplete answer, and minus 10 points for an answer that is substantially incomplete or incorrect.
(3) The nine content
areas
[
area
]
are as follows:
(A) Identifies the problems (e.g. initial hypotheses, differential diagnoses, etc.);
(B) Identifies a specific and plausible strategy for gathering further data to refine the problem definition (e.g. psychometrics, observation data collection, etc.);
(C) Develops a realistic intervention or action plan on the basis of the initial formulation;
(D) Recognizes and can formulate an effective response to crises;
(E) Attends to cultural and diversity issues;
(F) Demonstrates awareness of professional limitations;
(G) Can recognize and apply laws which are relevant to the case;
(H) Can recognize and apply professional standards that are relevant; and
(I) Can recognize and apply ethical standards or ethical reasoning pertinent to the case.
(4) Each candidate is presented with a vignette, which is representative of a situation commonly encountered in the area of testing. Candidates are required to articulate a case formulation according to a standard or model that is generally recognized in their area of testing. Candidates are required to respond to questions associated with each vignette.
(5) Areas of psychology in which a candidate may choose to be tested are: clinical, counseling, school, neuropsychological, and industrial and organizational.
(d)
Each candidate receives an informational brochure
prior to the Oral Examination.
[
In advance additional information
is provided to each candidate in the form of a brochure.
]
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800904
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §463.18, Failing Written/Oral Examinations. The amendments are being proposed to make grammatical corrections to the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§463.18.Failing Written/Oral Examinations.
Applicants who fail the written examinations or the Oral Examination
are permitted to take them again by paying additional exam fees. Split
decisions on the Oral Examination are considered
to be
[
as
] failures.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800905
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §463.21, Board Members as Reviewers of Examinations. The amendments are being proposed to make grammatical corrections to the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§463.21.Board Members as Reviewers of Examinations.
All Board members serve as reviewers of written and oral examination
materials and procedures
unless a
[
except any
]
member [
who
] is
matriculated
[
him or herself matriculating
] in a graduate program in psychology or is related
within the second degree of affinity or within the second degree of
consanguinity to a person who
matriculated
[
is matriculating
] in a graduate program in psychology.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800906
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §463.24, Oral Examination Work Group. The amendments are being proposed to make grammatical corrections to the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§463.24.Oral Examination Work Group.
(a) The Board establishes a work group of oral examination
consultants for the purpose of improving the consistency of the administration
and the objectivity of the examination. Qualifications of the consultants
are set by Board rule §463.23
of this title (relating to Criteria for Examination Consultants)
. Members of the work group must be approved by the
Board
[
board
] or its designee.
(b) The work group will include persons interested in or affected by the regulation of the practice of psychology, including faculty members of college or university psychology departments and licensees with varying levels of experience.
(c) The work group shall:
(1) review audiotapes of passed or failed examinations;
(2) review analyses of the performance of persons who failed the examination provided under §501.256(e) of the Act;
(3) assess scoring criteria and clinical scenarios used in the administration of the examination;
(4) recommend improvements to standardize the administration of the examination; and
(5) conduct other appropriate tasks.
(d) The Chair of the Work Group will be appointed by the Board from among the consultants. The Chair will call the meetings of the consultants and direct the work group's activities.
(e) The Chair of the Board's Oral Examination Committee will serve as the Board's liaison to the oral examination work group. This Board member will communicate the mission, goals and tasks to the work group. This Board member will serve as a resource to the work group but will not directly participate in the evaluation of the oral examination. This Board member will be responsible for ensuring that the recommendations of the work group approved by the Board are implemented.
(f) The work group will report at least biennially to the
Board
[
board
] the group's recommendations
for improving the consistency of the administration and objectivity
of the oral examination. The
Board
[
board
] will modify the oral examination, as necessary, based on the work group's
recommendations for the next administration of the oral examination.
(g) The first report of the work group must be submitted to the
Board
[
board
] no later than January 2006.
Necessary modifications to the oral examination based on the recommendations
of the work group must be made to the exam by the January 2007 examination.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800907
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §463.26, Health Service Provider in Psychology Specialty Certification. The amendments are being proposed to make grammatical corrections to the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§463.26.Health Service Provider in Psychology Specialty Certification.
(a) Health Service Provider
(HSP)
in Psychology
is a specialty certification from the Board available to Texas licensed
psychologists who are listed in the National Register of Health Service
Providers. The National Register defines a health service provider
as one who is trained and experienced in the delivery of direct, preventive,
assessment, and therapeutic intervention services to individuals whose
growth, adjustment, or functioning is impaired, or to individuals
who otherwise seek services. This credential does not constitute a
license to practice psychology under the Act. The Board will continue
to recognize all individuals who were certified as
HSP
[
health
service providers
] by the Board prior to January 1, 1998, and
who remain in good standing.
(b) Requirements for this credential as of January 1, 1998, are:
(1) Current, active licensure by the Board as a psychologist; and
(2) Documentation submitted directly to the Board from
the National Register of
HSP
[
Health Service Providers
]
in Psychology that the applicant is currently designated as a Health
Service Provider with the National Register.
(c) Active status as a
HSP
[
health
service provider
] in psychology requires annual renewal and
payment of an annual renewal fee. After one year, if the licensee
fails to renew this specialty certification, it is void. To obtain
specialty certification again, reapplication is required.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800908
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §463.27, Temporary License for Persons Licensed in Other States. The amendments are being proposed to make grammatical corrections to the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§463.27.Temporary License for Persons Licensed in Other States.
(a) Temporary licensure is available to applicants
for a period of not longer than 30 days from the time the application
is approved until the expiration of the 30 days, provided the
applicant meets the
following
conditions
[
conditions are met by the applicant
].
(1) Submission of a completed application for temporary licensure, including a brief description of the type of psychological service to be provided which is acceptable to the Board and the requested time period for the temporary license;
(2) Submission of the required fee;
(3) Submission of proof that the applicant holds current
licensure to practice as a licensed psychologist or a licensed psychological
associate in another state
where
[
with
] licensing requirements
are
substantially equivalent to the Act and Rules of the
Board
[
Board's
];
(4) Submission of documentation directly from the state in which the applicant is currently licensed indicating that the applicant is in good standing; and
(5) The applicant provides documentation that the applicant has passed the
Examination for Professional Practice in Psychology
[
EPPP
] at the Texas cut-off for the type of temporary license sought.
(b) Licensed psychologists and licensed psychological
associates with temporary licenses must practice in adherence to the
Board rule §465.2(h)
of this title (relating to Supervision)
[
Supervision
], and may consult with the supervising Texas licensed psychologist.
(c) The specific period of time for which the applicant is issued a temporary license is stated in the Board's approval letter which issues the temporary license.
(d) Substantial equivalency of the other state may
be documented by the applicant providing a copy of the other board's
rules and regulations with pertinent sections highlighted
to
[
which
] indicate training and exam requirements for a particular
type of license. This material is then reviewed for substantial equivalency
by the Board.
(e)
A
[
This type of
] temporary license is not available to an applicant [
who has made application
]
for permanent licensure in this state. Upon receipt of an application
for a permanent license, the
Board nullifies a
temporary
license [
is immediately null and void
] and the individual can no longer practice legally in Texas.
(f) The holder of a temporary license will not be further
notified as to the ending date of the temporary license, other than
the ending date that is provided in the initial issuance letter. Practicing
with an expired temporary license
is illegal and may subject
[
qualifies
] the
individual to
[
licensee for
]
disciplinary review by the Board.
(g) Purposes for which a temporary license may be issued
include: to serve as an expert witness in court, to assist a patient
in transition to
a
mental health practitioner in Texas, and
otherwise
[
others
] as approved by the Board.
(h) Applicants for temporary licenses who hold current status as
Certificate of Professional Qualification in Psychology
[
CPQ
], National Health Service Provider, or
American Board of Professional Psychology
[
ABPP
] may have documentation
from the credentialing entity sent directly to the Board as compliance
with and in lieu of subsections (a)(3) and (5)
of this section
.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800909
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §465.1, Definitions. The amendments are being proposed to recognize the unique position of the psychologist in conducting a forensic evaluation.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§465.1.Definitions.
The following terms have the following meanings: [
The following terms have the following meanings:
]
(1) "Client" has the same meaning as "patient."
(2) "Dual Relationship" means a situation where a licensee and another individual have both a professional relationship and a non-professional relationship. Dual relationships include, but are not limited to, personal friendships, business or financial interactions, mutual club or social group activities, family or marital ties, or sexual relationships.
(3) "Forensic psychology" is the provision of psychological services involving a court of law or the legal system. The provision of forensic psychological services includes any and all preliminary and exploratory services, testing, assessments, evaluations, interviews, examinations, depositions, oral or written reports, live or recorded testimony, or any psychological service provided by a licensee concerning a current or potential legal case at the request of a party or potential party, an attorney for a party, or a court, or any other individual or entity, regardless of whether the licensee ultimately provides a report or testimony that is utilized in a legal proceeding. A person who is the subject of forensic evaluation is not considered to be a patient under these rules.
(4) "Informed Consent" means the written documented consent of the patient, client and other recipients of psychological services only after the patient, client or other recipient has been made aware of the purpose and nature of the services to be provided, including but not limited to: the specific goals of the services; the procedures to be utilized to deliver the services; possible side effects of the services, if applicable; alternate choices to the services, if applicable; the possible duration of the services; the confidentiality of and relevant limits thereto; all financial policies, including the cost and methods of payment; and any provisions for cancellation of and payments for missed appointments; and right of access of the patient, client or other recipient to the records of the services.
(5) "Licensee" means a licensed psychologist, provisionally licensed psychologist, licensed psychological associate, licensed specialist in school psychology, applicants to the Board, and any other individual whom the Board has the authority to discipline under these Rules.
(6) "Multiple Relationship" means any relationship between a licensee and another individual involving a professional relationship and more than one non-professional relationship.
(7) "Patient" means a person who consults or is interviewed by a licensee for a diagnosis, evaluation, or treatment of any mental or emotional condition or disorder of that person regardless of whether the patient or some other individual or entity paid for the consultation or interview.
(8) "Professional relationship" is any relationship between a licensee and another individual, group or organization in which the licensee delivers psychological services to the individual, group, or organization.
(9) "Professional standards" are determined by the Board through its rules, regulations, policies and any other sources adopted by the Board.
(10) "Provision of psychological services" means any use by a licensee of his or her education or training in psychology in the context of a professional relationship. Psychological services include, but are not limited to, therapy, diagnosis, testing, assessments, evaluation, treatment, counseling, supervision, consultation, providing forensic opinions, rendering a professional opinion, performing research, or teaching to an individual, group, or organization.
(11) "Recognized member of the clergy," as used in
[
Section
]
§
501.004(a)(4) of the Act, means
a member in good standing of and accountable to a denomination, church,
sect or religious organization legally recognized under the Internal
Revenue Code, [
Section
]
§
501(c)(3).
(12) "Records" are any information, regardless of the format in which it is maintained, that can be used to document the delivery, progress or results of any psychological services including, but not limited to, data identifying a recipient of services, dates of services, types of services, informed consents, fees and fee schedules, assessments, treatment plans, consultations, session notes, test results, reports, release forms obtained from a client or patient or any other individual or entity, and records concerning a patient or client obtained by the licensee from other sources.
(13) "Report" includes any written or oral assessment, recommendation, psychological diagnostic or evaluative statement containing the professional judgment or opinion of a licensee.
(14) "Test data" refers to testing materials, test booklets, test forms, test protocols and answer sheets used in psychological testing to generate test results and test reports.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800910
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §465.3, Providers of Psychological Services. The amendments are being proposed to clarify the requirements for contracting for psychological services in exempt settings.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§465.3.Providers of Psychological Services.
(a) Psychologists shall employ or utilize an individual to provide psychological services, in any setting not specifically exempt under §501.004(a)(1) of the Psychologists' Licensing Act (the Act), only if:
(1) The individual is licensed by this Board; or
(2) The individual is specifically exempted from licensure requirements by §501.004(a)(2) of the Act, relating to provision of services as part of a supervised course of study by students, residents or interns pursuing a course of study in a recognized training institution or facility; or,
(3) The individual is engaged in post-doctoral supervision for purposes of satisfying §501.252(b)(2) of the Act; or
(4) The individual is completing supervised experience for purposes of satisfying §501.260(b)(3) of the Act, relating to Licensed Specialist in School Psychology; or
(5) The individual is completing supervised experience for purposes of satisfying the requirements to become a licensed professional listed in §501.004(b) of the Act.
(b) Unlicensed individuals providing psychological services pursuant to
§
§501.004(a)(2), [
§
]501.252(b)(2), or [
§
]501.260(b)(3) of the Act must be under the direct
supervision of an authorized supervising licensee at all times. All
patients or clients who receive psychological services from an unlicensed
individual under such supervision must be clearly informed of the
supervisory status of the individual and how the patient or client
may contact the supervising licensee directly.
(c) Licensees who contract to provide psychological services in settings where the Act does not apply pursuant to §501.004 of the Act ("exempt" settings) are not themselves exempt from the Act. In some cases, a licensee may have to follow state or federal guidelines or laws that conflict with Board rules. In those cases, Board rule §461.14 of this title (relating to Conflict between Laws and Board Rules) applies.
(d) Licensees who contract with a third party who contracts to provide psychological services in settings where the Act does not apply pursuant to §501.004 of the Act ("exempt" settings) are not themselves exempt from the Act. In some cases, a licensee may have to follow state or federal guidelines or laws that conflict with Board rules. In those cases, Board rule §461.14 of this title applies.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800911
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §465.16, Evaluation, Assessment, Testing, and Reports. The amendments are being proposed to clarify the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§465.16.Evaluation, Assessment, Testing, and Reports.
(a) Scope and Purpose.
(1) Licensees clearly describe the scope and purpose of evaluation, assessment, and testing to patients before they provide these psychological services.
(2) Licensees produce reports that clearly state and accurately reflect the scope and purpose of evaluation, assessment, and testing.
[(1) Before performing evaluations, testing and assessments, licensees clearly define the purposes and scope to the subject(s) of the evaluations, testing and/or assessments.]
[(2) Licensees produce reports consistent with and which clearly state the purpose and scope of the evaluations, testing and/or assessments.]
(b) Reliability and Validity.
(1) Licensees verify, by signature and date, that every evaluation, assessment, test result, report, recommendation, or psychological diagnostic or evaluative statement produced is based on information and techniques sufficient to provide appropriate substantiation for its findings.
[(1) Licensees produce or co-sign only assessments, recommendations, reports or psychological diagnostic or evaluative statements that are based on information and techniques sufficient to provide appropriate substantiation for the findings.]
(2) Licensees administer, score, interpret or use assessment techniques or tests only if they are familiar with the reliability, validation and related standardization or outcome studies of, and proper applications and use of, the techniques they use.
(3) Licensees who administer, score, interpret or utilize psychological assessment techniques, tests or instruments do so in a manner and for purposes for which there are professional or scientific bases.
(4) Licensees do not base their assessment or intervention decisions or recommendations on data or test results that are outdated for the current purpose.
(5) Licensees do not base decisions or recommendations on tests and measures that are obsolete or not useful for the current purpose.
(c) Limitations.
(1) Licensees include all information that provides the basis for their findings in any report in which they make findings or diagnoses about an individual.
(2) Licensees identify limits to the certainty with which diagnoses, judgments, or predictions can be made about individuals.
(3) Licensees identify various test factors and characteristics of the person being assessed that might affect their professional judgment or reduce the accuracy of their interpretations when interpreting assessment results, including automated interpretations.
(4) Licensees include any significant reservations they have about the accuracy or limitations of their interpretations or findings in any report they produce.
(5) Licensees provide opinions of the psychological characteristics of individuals only after they have conducted an examination of the individuals adequate to support their statements or conclusions. When such an examination is not practical, licensees document the efforts they made to obtain such an examination and clarify the probable impact of their limited information to the reliability and validity of their conclusions.
(d) Test Security and Validity. Licensees conduct testing and maintain and release test protocols and data in a secure manner that does not compromise the validity of the test.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800912
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §465.18, Forensic Services. The amendments are being proposed to clarify the rule and add a new provision concerning forensic testimony on child visitation.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§465.18.Forensic Services.
(a) In General.
(1) A licensee who provides services concerning a matter which the licensee knows or should know will be utilized in a legal proceeding, such as a child custody determination or a divorce, must comply with all applicable Board rules concerning forensic services regardless of whether the licensee is acting as a factual witness or an expert.
(2) Licensees who engage in forensic services must have demonstrated appropriate knowledge of and competence in all underlying areas of psychology about which they provide such services.
(3) All forensic opinions, reports, assessments, and recommendations rendered by a licensee must be based on information and techniques sufficient to provide appropriate substantiation for each finding.
(4) A licensee who provides forensic services must comply with all other applicable Board rules and state and federal law relating to the underlying areas of psychology relating to those services.
(b) Limitation on Services.
(1) A licensee shall refrain from rendering a written or oral professional opinion about any matter for which the licensee lacks appropriate knowledge, competency, and data.
[(1) A licensee who is asked to provide an opinion concerning an area or matter about which the licensee does not have the appropriate knowledge and competency to render a professional opinion shall decline to render that opinion.]
(2) A licensee who is asked to provide an opinion concerning a specific matter for which the licensee lacks sufficient information to render a professional opinion shall decline to render that opinion unless the required information is provided.
(3) A licensee shall not render a written or oral opinion about the psychological characteristics of an individual without conducting an examination of the individual unless the opinion contains a statement that the licensee did not conduct an examination of the individual.
(4) A written or oral opinion about the psychological characteristics of an individual rendered by a licensee who did not conduct an examination of that individual must contain clarification of the extent to which this limits the reliability and validity of the opinion and the conclusions and recommendations of the licensee.
(5) When seeking or receiving court appointment for a forensic assessment, a licensee specifically avoids accepting both appointment for evaluation and therapeutic intervention for the same case. A licensee provides services in one but not both capacities in the same case.
(c) Describing the Nature of Services.
A license must document in writing that subject(s) of forensic psychological
services have been informed of the following:
[
Licensees who interview or examine an individual for purposes of providing forensic
services must first inform the individual of the specific purpose
of the interview or examination, the party on whose behalf they are
performing the services, the use to which the information gathered
will be put and who will have access to the results. If there are
multiple parties, the psychologist must obtain written informed consent
from all adult participants unless informed consent is precluded by
court order. All participants must be made aware of the purpose and
scope of the evaluation, who has requested the service, and who will
be paying fees. Psychologists also inform parties on limits to confidentiality
where the engagement involves testimony.
]
(1) The nature of the anticipated services (procedures);
(2) The specific purpose and scope of the interview, examination, or evaluation;
(3) The identity of the party who requested the psychologist's services;
(4) The identity of the party who will pay the psychologist's fees and the estimated amount of the fees;
(5) The type of information sought and the uses for information gathered;
(6) The people or entities who will have access to the results;
(7) The approximate length of time required to produce any reports or written results;
(8) Applicable limits on confidentiality; and
(9) Whether the psychologist has been engaged to provide testimony based on the report or written results in a court of law.
(d) Child Custody Evaluations.
(1) The primary consideration in a child custody evaluation is to assess the individual and family factors that affect the best psychological interests of the child, who is the client. Other factors or specific factors may also be addressed given a specific forensic services engagement.
(2) Child custody evaluations generally involve an assessment of the adults' capacity for parenting, an assessment of the psychological functioning, developmental needs, and wishes of the child, and the functional ability of each parent to meet such needs. Other socioeconomic factors, family, collateral and community resources may also be taken into secondary consideration.
(3) The role of the psychologist in a child custody forensic engagement is one of a professional expert. The psychologist cannot function as an advocate and must retain impartiality and objectivity, regardless of whether retained by the court or a party to the divorce. The psychologist must not perform an evaluation where there has been a prior therapeutic relationship with the child or the child's immediate family members, unless required to do so by court order.
(4) The scope of the evaluation is determined by the psychologist based on the referral question(s). Licensees must comprehensively perform the evaluation based on the scope of the referral, but not exceed the scope of the referral.
(e) Child Visitation.
(1) A licensee who provides therapy and/or counseling to a child must limit forensic testimony to statements for which the licensee has sufficient basis pursuant to Board rule §465.10 of this title (relating to Basis for Scientific and Professional Judgements).
(2) Prior to stating a visitation recommendation, a licensee must include a statement as to all pertinent limitations pursuant to Board rule §465.16(c) of this title (relating to Evaluation, Assessment, Testing and Reports).
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800913
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §465.22, Psychological Records, Test Data and Test Protocols. The amendments are being proposed to correct grammatical and punctuation errors in this rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
§465.22.Psychological Records, Test Data and Test Protocols.
(a) General Requirements.
(1) All licensees shall create and maintain accurate, current, and pertinent records of all psychological services rendered by or under the supervision of the licensee.
(2) All records shall be sufficient to permit planning for continuity in the event that another care provider takes over delivery of services to a patient or client for any reason, including the death, disability or retirement of the licensee and to permit adequate regulatory and administrative review of the psychological service.
(3) All licensees shall identify impressions and tentative conclusions as such in patient or client records.
(4) All records and record entries shall be created in as timely a manner as possible after the delivery of the specific services being recorded.
(5) Records, test data and test
protocols
[
protocol
] shall be maintained and stored in a way that permits
review and duplication.
(6) Licensees working in public school settings shall
comply with all federal and state
laws
[
legislation
] and regulations relative to the content, maintenance, control, access,
retention and destruction of psychological and educational records,
test data and test protocols.
(7) Licensees are prohibited from falsifying, altering, fabricating, or back-dating patient records and reports.
(b) Maintenance and Control of Records and Test Data.
(1) Licensees shall maintain records and test data in a manner that protects the confidentiality of all services delivered by the licensee.
(2) Licensees are responsible for the maintenance, confidentiality and contents of, and access to, all records and test data.
(3) Licensees shall make all reasonable efforts to protect against the misuse of any record or test data.
(4) Licensees shall maintain control over records and test data to the extent necessary to ensure compliance with all applicable Board rules and all state and federal laws.
(5) In situations where it becomes impossible for a licensee to maintain control over records and test data as required by applicable Board rule and state and federal law, the licensee shall make all necessary arrangements for transfer of the licensee's records to another licensee who will ensure compliance with all applicable Board rules and state and federal laws concerning records.
(6) Records and test data of psychological services rendered by a licensee as an employee of an agency or organization remain the property of the employing agency upon termination of the employment of the individual unless legal ownership of such records is controlled by applicable state or federal law or legal agreement.
(c) Access to Records and Test Data.
(1) Records shall be entered, organized and maintained in a manner that facilitates their use by all authorized persons.
(2) Records may be maintained in any media that ensure confidentiality and durability.
(3) A licensee shall release information about a patient or client only upon written authorization by the patient, client or appropriate legal guardian pursuant to a proper court order or as required by applicable state or federal law.
(4) Test data are not part of a patient's or client's record. Test data are not subject to subpoena. Test data shall be made available only:
(A) to another qualified mental health professional and only upon receipt of written release from the patient or client, or
(B) pursuant to a court order.
(5) Licensees cooperate in the continuity of care of patients and clients by providing appropriate information to succeeding qualified service providers as permitted by applicable Board rule and state and federal law.
(6) Licensees who are temporarily or permanently unable to practice psychology shall implement a system that enables their records to be accessed in compliance with applicable Board rules and state and federal law.
(7) Access to records may not be withheld due to an outstanding balance owed by a client for psychological services provided prior to the patient's request for records. However, licensees may impose a reasonable fee for review and/or reproduction of records and are not required to permit examination until such fee is paid, unless there is a medical emergency or the records are to be used in support of an application for disability benefits.
(8) No later than 15 days after receiving a written request from a patient to examine or copy all or part of the patient's mental health records, a psychologist shall:
(A) make the information available for examination during regular business hours and provide a copy to the patient, if requested; or
(B) inform the patient in writing that the information does not exist or cannot be found; or
(C) provide the patient with a signed and dated statement that having access to the mental health records would be harmful to the patient's physical, mental or emotional health. The written statement must specify the portion of the record being withheld, the reason for denial and the duration of the denial.
(d) Retention of Records and Test Data.
(1) Licensees shall comply with all applicable laws, rules and regulations concerning record retention.
(2) In the absence of applicable state and federal laws, rules and regulations, records and test data shall be maintained for a minimum of ten years after the last contact with the client. If the client is a minor, the record retention period is extended until ten years after the minor reaches the age of majority.
(3) All records shall be maintained in a manner which permits timely retrieval and production.
(e) Outdated Records.
(1) Licensees take reasonable steps when disclosing
records to note information that is
outdated
[
of an outdated nature
].
(2) Disposal of records shall be done in an appropriate
manner that ensures confidentiality of the
records
[
record
] in compliance with applicable Board
rules
[
rule
] and state and federal
laws
[
law
].
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800914
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §465.37, Compliance with All Applicable Laws. The amendments are being proposed to identify an important state law to which licensees must adhere.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the amendments will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendments as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this proposal.
§465.37.Compliance with All Applicable Laws.
Licensees comply with all applicable state and federal laws affecting the practice of psychology including, but not limited to:
(1) Texas Health and Safety Code, Chapter 611, Mental Health Record;
(2) Texas Family Code
(A) Chapter 32, Consent to Medical, Dental, Psychological and Surgical Treatment,
(B) Chapter 153, Rights to Parents and Other Conservators to Consent to Treatment and Access to Child's Records, and
(C) Chapter 261, Duty to Report Child Abuse and Neglect;
(3) Texas Human Resource Code, Chapter 48, Duty to Report Elder Abuse and Neglect;
(4) Texas Civil Practice and Remedy Code, Chapter 81, Duty to Report Sexual Exploitation of a Patient by a Mental Health Services Provider; and
(5) Texas Insurance Code as it relates to submission of billing and third-party payments for mental health services provided by a licensee.
(6) Texas Code of Criminal Procedure Chapter 46B, Incompetency to Stand Trial, Articles 46B and 46C as they relate to the access and distribution of forensic evaluations.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800915
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists proposes amendments to §470.9, Witness Fees. The amendments are being proposed to make grammatical corrections to the rule.
Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the amendments will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendments as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this proposal.
§470.9.Witness Fees.
Persons appearing as witnesses before the
Board
[
board
] in an administrative hearing process (i.e., depositions, hearings,
meetings, etc.) will receive reimbursement for expenses incurred.
These expenses include travel, lodging, and up to $40 per day for
meals and other expenses. Airfare is reimbursed at the lowest available
fare.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800917
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706