Chapter 162. SUPERVISION OF MEDICAL SCHOOL STUDENTS
The Texas Medical Board (Board) adopts an amendment to §162.1, concerning Supervision of Medical Students, without changes to the proposed text as published in the March 7, 2008, issue of the Texas Register (33 TexReg 1950) and will not be republished.
The amendment updates the names of the Texas Medical Board and provides limited circumstances for when a physician who is employed by the federal government physician but who is not licensed in Texas may supervise a medical student.
Prior to publishing the proposed amendment, the Board sought stakeholder input through Stakeholder Groups, which made comments on the suggested changes to the rule at a meeting held on March 19, 2008.
The Board received no public written comments and no one appeared to testify at the public hearing held on April 11, 2008.
The amendment is adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §154.006, which provide authority for the Texas Medical Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 22, 2008.
TRD-200802088
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Effective date: May 12, 2008
Proposal publication date: March 7, 2008
For further information, please call: (512) 305-7016
The Texas Medical Board (Board) adopts an amendment to §164.3, concerning Misleading or Deceptive Advertising, without changes to the proposed text as published in the March 7, 2008, issue of the Texas Register (33 TexReg 1951) and will not be republished.
The amendment redefines "solicitation" by deleting reference to "door to door solicitation" and referring to Texas Occupations Code §102.001(a).
Prior to publishing the proposed amendment, the Board sought stakeholder input through Stakeholder Groups, which made comments on the suggested changes to the rule at a meeting held on March 31, 2008.
The Board received no public written comments and no one appeared to testify at the public hearing held on April 11, 2008.
The amendment is adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §154.006, which provide authority for the Texas Medical Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 22, 2008.
TRD-200802089
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Effective date: May 12, 2008
Proposal publication date: March 7, 2008
For further information, please call: (512) 305-7016
The Texas Medical Board (Board) adopts amendments to §173.3, concerning Physician-Initiated Updates and §173.7, concerning Corrections and the Dispute Process, without changes to the proposed text as published in the March 7, 2008, issue of the Texas Register (33 TexReg 1952) and will not be republished.
The amendments provide description information for citations to statutes and clarify that dispute process applies to any update of a profile discussed in Chapter 173.
Prior to publishing the proposed amendments, the Board sought stakeholder input through Stakeholder Groups, which made comments on the suggested changes to the rules at a meeting held on March 19, 2008.
The Board received no public written comments and no one appeared to testify at the public hearing held on April 11, 2008.
The amendments are adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §154.006, which provide authority for the Texas Medical Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 22, 2008.
TRD-200802090
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Effective date: May 12, 2008
Proposal publication date: March 7, 2008
For further information, please call: (512) 305-7016
The Texas Medical Board (Board) adopts amendments to §196.1, concerning Relinquishment of License, without changes to the proposed text as published in the March 7, 2008, issue of the Texas Register (33 TexReg 1953) and will not be republished.
The amendment requires that a request to relinquish a license to be submitted in writing and deletes the requirement that the full board review a request for relinquishment.
Prior to publishing the proposed amendment, the Board sought stakeholder input through Stakeholder Groups, which made comments on the suggested changes to the rule at a meeting held on March 19, 2008.
The Board received no public written comments and no one appeared to testify at the public hearing held on April 11, 2008.
The amendment is adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §154.006, which provide authority for the Texas Medical Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 22, 2008.
TRD-200802091
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Effective date: May 12, 2008
Proposal publication date: March 7, 2008
For further information, please call: (512) 305-7016
Chapter 741. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
The State Board of Examiners for Speech-Language Pathology and Audiology (board) adopts amendments to §§741.1, 741.44, 741.45, 741.61, 741.62, 741.64, 741.81 - 741.85, 741.91, 741.101, 741.112, 741.161 - 741.164, 741.181, and 741.201, concerning the regulation and licensure of speech-language pathologists and audiologists. The amendments to §§741.61, 741.62, 741.64, 741.81, 741.82, 741.84, 741.91, 741.101, 741.112 and 741.162 are adopted with changes to the proposed text as published in the January 25, 2008, issue of the Texas Register (33 TexReg 645). Sections 741.1, 741.44, 741.45, 741.83, 741.85, 741.161, 741.163, 741.164, 741.181 and 741.201 are adopted without changes, and the sections will not be republished.
BACKGROUND AND PURPOSE
The amendments update the rules to reflect the board's current operational procedures in processing and approving licensure applications and to provide clarification of the rules, so that the intent is not ambiguous for license holders and the public. The rules also reflect current national standards relating to the regulation of speech-language pathologists and audiologists. Additionally, a new continuing education requirement in ethics enhances the quality of services provided to the public through increased professional and ethical competence of license holders.
SECTION-BY-SECTION SUMMARY
Amendments to §741.1 delete the separate definitions of "dispense" and "fit" and to add a new definition of "fitting and dispensing hearing instruments" intended to clarify and improve the section. The amendments to §741.44(a) clarify that, if the speech-language pathologist does not have the required experience, the person may request review of the person's qualifications. The amendment to §741.44(b)(1)(A) clarifies that the person being supervised must hold a current license.
The amendment to §741.45 removes obsolete language. The amendment to §741.61 clarifies acceptable documentation required from applicants who graduated from a college or university not accredited by the American Speech-Language-Hearing Association. The amendments to §741.62 and §741.64 delete the provision that the requirements must be met within 10 years of the date of application; clarify the responsibilities of a supervisor; clarify the documentation required; clarify the responsibilities and duties of licensed speech-language pathology assistants; and update the rules to reflect national regulatory standards.
The amendments to §741.81 clarify the educational documentation required from an applicant. The amendments to §741.82 delete the provision that the requirements must be met within 10 years of the date of application; to clarify the documentation required; and to update the rules to reflect national regulatory standards. Amendments to §761.83 provide that an applicant may submit certification by the American Board of Audiology as evidence that the applicant meets clinical experience and examination requirements for licensure. The amendments to §741.84 delete the provision that the requirements must be met within 10 years of the date of application; and to update and clarify the section. The amendment to §761.85 deletes obsolete language.
The amendment to §741.91 clarifies the documentation required from an applicant. The amendment to §741.101 deletes obsolete language. The amendments to §741.112 are for clarity and consistency with other amendments.
The amendment to §741.161 clarifies the appropriate continuing education documentation required at the time of license renewal. Amendment to §741.162 clarifies documentation required from the license holder and the required biennial completion of continuing education in ethics, to be effective April 30, 2009. Amendments to §741.163 and §741.164 correct citations and clarify the rules.
The amendments to §741.181 delete obsolete language relating to provision licenses and licenses issued for a one-year term, and clarify that the penalty fee for insufficient checks is $25 instead of $50.
The amendment to §741.201 corrects a typographical error.
COMMENTS
The board has reviewed and prepared responses to the comments received regarding the proposed rules during the comment period. The commenters were two individuals and one association including the following: Licensees of the board and representatives of the Texas Speech-Language-Hearing Association. The commenters were not against the rules in their entirety; however, the commenters suggested recommendations for change as discussed in the summary of comments. Commenters were generally in favor of the rules.
Comment: Concerning §741.61(b)(5), the commenter indicated that reference to ASHA's Clinical Certification Board needs to be updated to reflect current ASHA structure.
Response: The board agreed with the comment and amended the language in §741.61(b)(5) accordingly.
Comment: Concerning §741.62, the commenter indicated that the reference to remove the stipulation that the degree be earned within 10 years of the application date.
Response: The board disagreed with the comment because the proposed amendment was referring to the application date not the date the degree was earned. No change was made as a result of the comment.
Comment: Concerning §741.44, two of the commenters indicated that the reference to clarify that the supervisor is a licensed speech-language pathologist who holds a current license seemed redundant however; it would be helpful to use exactly the same wording each time a rule is reiterated. The commenter suggested that the wording needed to be changed in §741.62(g) and §741.64(f).
Response: The board agreed with the comment concerning §741.44 and disagreed with the comment concerning §741.62 and §741.64 because §741.44 refers to what a supervisor is. No change was made as a result of the comment.
Comment: Two comments were received concerning the terminology "conferred transcript" is incorrect.
Response: The board agreed with the comment and amended the language to transcript showing the conferred degree. Changes were made to §§741.61(b)(1) and (b)(4), 741.62(c), 741.64(b)(1), 741.81(b)(1) and (b)(4), 741.82(c), (d) and (e), 741.84(c)(1), 741.112(a)(3), (b)(3), (c)(4), (d)(4), and (e)(3).
Comment: Two comments were made concerning the addition to §741.162(c) of the requirement for two clock hours of continuing education in ethics training for license renewal.
Response: The board agreed with the comment and proposed that an informational letter be sent to all the continuing education sponsors and in the licensee's renewal notices as to the change in the ethics training for license renewal. No changes were made as a result of the comments.
Comment: Concerning §741.91, the commenter indicated that the rule needs to reflect the current standards regarding graduate credit hours.
Response: The board agreed with the comment and amended the language in §741.91 accordingly.
Concerning §§741.64(e), 741.101(a) and 741.162(c) the board made editorial changes to improve the accuracy of these sections.
Subchapter A. DEFINITIONS
STATUTORY AUTHORITY
The adopted amendment is authorized by Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802200
Kerry Ormson, Ed.D., Au.D.
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: May 18, 2008
Proposal publication date: January 25, 2008
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The adopted amendments are authorized by Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802201
Kerry Ormson, Ed.D., Au.D.
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: May 18, 2008
Proposal publication date: January 25, 2008
For further information, please call: (512) 458-7111 x6972
22 TAC §§741.61, 741.62, 741.64
STATUTORY AUTHORITY
The adopted amendments are authorized by Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.
§741.61.Requirements for a Speech-Language Pathology License.
(a) An applicant for the speech-language pathology license shall meet the requirements set out in the Act and this section.
(b) The graduate degree shall be completed at a college or university which has a program accredited by the American Speech-Language Hearing Association Council on Academic Accreditation and holds accreditation or candidacy status from a recognized regional accrediting agency.
(1) Original or certified copies of the transcripts showing the conferred degree shall verify the applicant completed the following:
(A) at least 36 semester credit hours shall be in professional course work acceptable toward a graduate degree;
(B) at least 24 semester credit hours acceptable toward a graduate degree shall be earned in the area of speech-language pathology including normal development and use of speech, language, and hearing; prevention evaluation, habilitation, and rehabilitation of speech, language, and hearing disorders; and related fields that augment the work of clinical practitioners of speech-language pathology; and
(C) six semester credit hours shall be earned in the area of hearing disorders, hearing evaluation, and habilitative or rehabilitative procedures with individuals who have hearing impairment.
(2) A maximum of six academic semester credit hours associated with clinical experience and a maximum of six academic semester credit hours associated with a thesis or dissertation may be counted toward the 36 hours but not in lieu of the requirements of paragraphs (1)(B) and (1)(C) of this subsection.
(3) A quarter hour of academic credit shall be considered as two-thirds of a semester credit hour.
(4) An applicant who possesses a master's degree with a major in audiology and is pursuing a license in speech-language pathology may apply if the board has an original transcript showing completion of a master's degree with a major in audiology on file and a letter from the program director or designee of the college or university stating that the individual completed enough hours to establish a graduate level major in speech-language pathology and would meet the academic and clinical experience requirements for a license as a speech-language pathologist.
(5) An applicant who graduated from a college or university not accredited by the American Speech-Language Hearing Association Council on Academic Accreditation shall submit an original signed letter from the American Speech-Language-Hearing Association (ASHA) stating the Council for Clinical Certification accepted the course work and clinical experience. The applicant shall bear all expenses incurred during the procedure.
(c) An applicant shall complete at least 25 clock hours of supervised observation before completing the minimum of the following hours of supervised clinical experience, which may be referred to as clinical practicum, with individuals who present a variety of communication disorders within an educational institution or in one of its cooperating programs:
(1) 275 clock hours if the master's degree was earned prior to November 10, 1993; or
(2) 350 clock hours if the master's degree was earned between November 10, 1993 and December 31, 2004; or
(3) 400 clock hours if the master's degree was earned on or after January 1, 2005.
(d) An applicant shall have completed a minimum of 36 weeks of full-time, or its part-time equivalent, of supervised professional experience in which clinical work has been accomplished in speech-language pathology as set out in §741.62 of this title (relating to Requirements for an Intern in Speech-Language Pathology License).
(1) An individual shall be licensed under §741.62 of this title prior to the beginning of the supervised professional experience.
(2) The supervisor of an individual who completed an internship in another state and met the requirements set out in §741.62 of this title shall:
(A) be licensed in that other state, rather than Texas; or
(B) hold the American Speech-Language-Hearing Association certificate of clinical competence in speech-language pathology if the other state did not require licensing.
(e) An applicant shall pass the examination as referenced by §741.121 of this title (relating to Examination Administration) within:
(1) the past 10 years; and
(2) two years of the completion date of the internship referenced in subsection (d) of this section.
(f) In the event the applicant passed the examination referenced in subsection (e) of this section more than two years after the completion date of the internship, the applicant shall repeat the 36 weeks supervised internship before applying for the speech-language pathology license. The applicant shall obtain the intern license as required by §741.62 of this title prior to repeating the internship. The applicant may appeal to the board's designee for waiver of the requirement to repeat the internship.
(g) An applicant who previously held the American Speech-Language-Hearing Association Certificate of Clinical Competence may have the certificate reinstated and apply for licensure under §741.63 of this title (relating to Waiver of Clinical and Examination Requirements for Speech-Language Pathologists).
§741.62.Requirements for an Intern in Speech-Language Pathology License.
(a) An applicant for the intern in speech-language pathology license shall meet the requirements set out in the Act and §741.61(a) - (c) of this title (relating to Requirements for a Speech-Language Pathology License) for the intern license.
(b) In the event the course work and clinical experience set out in subsection (a) of this section were earned more than 10 years before the date of application for the intern license, the applicant shall submit proof of current knowledge of the practice of speech-language pathology. Within 15 working days of receipt of the request, the board's designee shall evaluate the documentation and shall approve the application, request additional documentation, or require that additional coursework or continuing professional education be earned. If necessary, the applicant may reapply for the license when the requirements of this section are met.
(c) An original or certified copy of the transcript showing the conferred degree is required and shall be evaluated under §741.61(b) of this title.
(d) Masters students. An applicant who successfully completed all academic and clinical requirements of §741.61(a) - (c) of this title but who has not had the degree officially conferred may be licensed as an intern in order to begin the supervised professional experience but shall submit verification from the program director or designee verifying the applicant has met all academic course work, clinical experience requirements, and completed a thesis or passed a comprehensive examination, if required, and is awaiting the date of next graduation for the degree to be conferred. This letter is in addition to the original or certified copy of the transcripts required in subsection (c) of this section.
(e) Doctoral students. An applicant who has successfully completed all academic and clinical requirements of §741.61(a) - (c) of this title but who has not had the degree officially conferred may be licensed as an intern in order to begin the supervised professional experience. The applicant shall submit an original or certified copy of a letter from the program director or designee verifying the applicant is enrolled in a professionally recognized accredited doctoral program as approved by the board and has met all academic course work, clinical experience requirements, and completed a thesis or passed a comprehensive examination, if required, but has not had the degree officially conferred. This letter is in addition to the original or certified copy of the transcripts required in subsection (c) of this section.
(f) An applicant whose master's degree is received at a college or university accredited by the American Speech-Language-Hearing Association Council on Academic Accreditation will receive automatic approval of the course work and clinical experience if the program director or designee verifies that all requirements as outlined in §741.61(a) - (c) of this title have been met and review of the transcript shows that the applicant has successfully completed at least 24 semester credit hours acceptable toward a graduate degree in the area of speech-language pathology with six hours in audiology.
(g) An intern plan and agreement of supervision form shall be completed and signed by both the applicant and the licensed speech-language pathologist who agrees to assume responsibility for all services provided by the intern. The supervisor shall hold a valid Texas license in speech-language pathology and possess at least a master's degree with a major in one of the areas of communicative sciences and disorders. The supervisor shall have practiced for at least three years and shall submit a signed statement verifying that the supervisor has met this requirement. The licensee's practice when completing the 36-week full time internship may be counted toward the three years of experience. If the supervisor does not have the required experience the supervisor shall submit a written request outlining the supervisor's qualifications and justifications for the request for an exception. The board's designee shall evaluate the request and approve or disapprove it within 15 working days of receipt by the board.
(1) Approval from the board office shall be required prior to practice by the intern. The intern plan and agreement of supervision form shall be submitted upon:
(A) application for a license;
(B) license renewal;
(C) changes in supervision; and
(D) the addition of other supervisors.
(2) In the event more than one licensed speech-language pathologist agrees to supervise the intern, each supervisor shall be identified and the Intern Plan and Agreement of Supervision form must be signed by each supervisor.
(3) In the event the supervisor ceases supervision of the intern, the intern shall stop practicing immediately. The board shall hold the supervisor responsible for the practice of the intern until the supervisor notifies the board, in writing, of the change in supervision.
(4) Should the intern practice without approval from the board office, disciplinary action may be initiated against the intern. If the supervisor had knowledge of this violation, disciplinary action against the supervisor may also be initiated.
(h) The internship shall:
(1) begin within four years after the academic and clinical experience requirements as required by subsection (a) of this section have been met;
(2) be completed within a maximum period of 36 months once initiated;
(3) be successfully completed after no more than two attempts;
(4) consist of a minimum of 36 weeks of full-time, or its part-time equivalent, of supervised professional experience in which clinical work has been accomplished in speech-language pathology. Full-time employment is defined as a minimum of 35 hours per week in direct client clinical work. Part-time equivalent is defined as follows:
(A) 0 - 14 hours per week--no credit will be given;
(B) 15 - 21 hours per week for over 72 weeks;
(C) 22 - 28 hours per week for over 60 weeks; or
(D) 29 - 34 hours per week for over 48 weeks;
(5) involve primarily clinical activities such as assessment, diagnosis, evaluation, screening, treatment, report writing, family/client consultation, and/or counseling related to the management process of individuals who exhibit communication disabilities;
(6) be divided into three segments with no fewer than 36 clock hours of supervisory activities to include:
(A) six hours of face-to-face observations per segment by the board approved supervisor(s) of the intern's direct client contact at the worksite in which the intern provides screening, evaluation, assessment, habilitation, and rehabilitation; and
(B) six hours of other monitoring activities per segment with the board approved supervisor(s) which may include correspondence, review of videotapes, evaluation of written reports, phone conferences with the intern, evaluations by professional colleagues; or
(C) an alternative plan as approved by the Board's designee.
(i) An applicant who does not meet the time frames defined in subsection (h)(1) and (2) of this section shall request an extension, in writing, explaining the reason for the request. The request must be signed by both the intern and the supervisor. Evaluation of the intern's progress of performance from all supervisors must accompany the request. Intern plans and supervisory evaluations for any completed segments must be submitted. Within 15 working days of receipt of the request, the board's designee shall determine if the internship:
(1) should be revised or extended; and
(2) whether additional course work, continuing professional education hours, or passing the examination referenced in §741.121 of this title (relating to Examination Administration) is required.
(j) An intern who is employed full-time as defined by subsection (h)(3) of this section and wishes to practice at an additional site, shall submit the Intern Plan and Agreement of Supervision form for that site.
(k) During each segment of the internship, each supervisor shall conduct a formal evaluation of the intern's progress in the development of professional skills. Documentation of this evaluation shall be maintained by both parties for three years or until the speech-language pathology license is granted. A copy of this documentation shall be submitted to the board upon request.
(l) Prior to implementing changes in the internship, approval from the board office is required.
(1) If the intern changes his or her supervisor or adds additional supervisors, a current intern plan and agreement of supervision form shall be submitted by the new supervisor and approved by the board before the intern may resume practice. A report of completed internship form shall be completed by the past supervisor and intern and submitted to the board office upon completion of that portion of the internship. It is the decision of the supervisor to determine whether the internship is acceptable. The board office shall evaluate the form and inform the intern of the results.
(2) Each supervisor who ceases supervising an intern shall submit a report of completed internship form for the portion of the internship completed under the supervisor's supervision. This must be submitted within 30 days of the date the supervision ended.
(3) If the intern changes his or her employer but the supervisor and the number of hours employed per week remain the same, the supervisor shall submit a signed statement giving the name, address and phone number of the new location. This must be submitted within 30 days of the date the change occurred.
(4) If the number of hours worked per week changes but the supervisor and the location remain the same, the supervisor shall submit a signed statement giving the date the change occurred and the number of hours per week the intern is now working. A report of completed internship form shall be submitted for the past experience, clearly indicating the number of hours worked per week. This must be submitted within 30 days of the date the change occurred.
(m) In any professional context the licensee must indicate the licensee's status as a speech-language pathology intern.
(n) If the intern wishes to continue to practice, within 30 days of completion of the 36 weeks of full-time, or its part-time equivalent, of supervised professional experience as defined in subsection (h) of this section, the intern shall apply for either:
(1) a speech-language pathology license under §741.61 of this title if the intern passed the examination referenced in §741.121 of this title; or
(2) a temporary certificate of registration under §741.66 of this title (relating to Requirements for a Temporary Certificate of Registration in Speech-Language Pathology) if the intern has not passed the examination referenced in §741.121 of this title.
(o) The intern may continue to practice under supervision if he or she holds a valid intern license while awaiting the processing of the speech-language pathology license or the temporary certificate of registration in speech-language pathology as follows:
(1) The current supervisor shall agree to supervise the intern from the "Ending Date of Internship" as shown on the report of completed internship form until the intern receives either the speech-language pathology license or the temporary certificate of registration.
(2) If the intern changes supervisors, the new supervisor shall first submit the intern plan and agreement of supervision form and receive board approval before the intern may resume practice.
(3) Supervision required while awaiting approval of either the speech-language pathology license or the temporary certificate of registration shall be consistent with supervision requirements established in subsection (h) of this section.
§741.64.Requirements for an Assistant in Speech-Language Pathology License.
(a) An applicant for an assistant in speech-language pathology license shall meet the requirements set out in the Act, and this section. The applicant for the assistant license must:
(1) possess a baccalaureate degree with an emphasis in communicative sciences and disorders;
(2) have acquired the following:
(A) at least 24 semester hours in speech-language pathology and/or audiology;
(B) and at least 18 semester hours of the 24 hours must be in speech-language pathology;
(C) at least three semester hours in language disorders;
(D) at least three semester hours in speech disorders; and
(E) excludes clinical experience and course work such as special education, deaf education, or sign language; and
(3) have earned no fewer than 25 hours of clinical observation in the area of speech-language pathology and 25 hours of clinical assisting experience in the area of speech-language pathology obtained within an educational institution or in one of its cooperating programs or under the direct supervision at their place of employment.
(b) The baccalaureate degree shall be completed at a college or university which has a program accredited by the American Speech-Language-Hearing Association Council on Academic Accreditation or holds accreditation or candidacy status from a recognized regional accrediting agency.
(1) Original or certified copy of the transcripts showing the conferred degree shall be submitted and reviewed as follows:
(A) only course work earned within the past 10 years with a grade of "C" or above is acceptable;
(B) a quarter hour of academic credit shall be considered as two-thirds of a semester credit hour; and
(C) academic courses, the titles of which are not self-explanatory, shall be substantiated through course descriptions in official school catalogs or bulletins or by other official means.
(2) In the event the course work and clinical experience set out in subsection (a) of this section were earned more than 10 years before the date of application for the assistant license, the applicant shall submit proof of current knowledge of the practice of speech-language pathology to be evaluated by the board's designee. Within 15 working days of receipt, the board's designee shall evaluate the documentation and shall either approve the application, request additional documentation, or require that additional coursework or continuing professional education be earned. If necessary, the applicant may reapply for the license when the requirements of this section are met.
(c) An applicant who possesses a baccalaureate degree with a major that is not in communicative sciences and disorders may qualify for the assistant license. The board's designee shall evaluate transcripts on a case-by-case basis to ensure equivalent academic preparation and shall determine if the applicant satisfactorily completed 24 semester credit hours in communicative sciences or disorders which may include some leveling hours. Within 15 working days of receipt, the board's designee shall approve the application, request additional documentation, or require that additional coursework or continuing professional education be earned. If necessary, the applicant may reapply for the license when the requirements of this section are met.
(d) Degrees and/or course work received at foreign universities shall be acceptable only if such course work and clinical practicum hours may be verified as meeting the requirements of subsection (a) of this section. The applicant must bear all expenses incurred during the procedure. The board's designee shall evaluate the documentation within 15 working days of receipt of all documentation, which shall include an original transcript and an original report from a credential evaluation services agency acceptable to the board.
(e) An applicant who has not acquired the hours referenced in subsection (a)(3) of this section shall not meet the minimum qualifications for the assistant license. Other than acquiring the 25 hours of clinical observation and the 25 hours of clinical assisting experience through an accredited college or university, there are no other exemptions in the Act, for an applicant to acquire the hours. The applicant shall first obtain the assistant license by submitting the forms, fees, and documentation referenced in §741.112(e) of this title (relating to Required Application Materials) and include a clinical deficiency plan to acquire the clinical observation and clinical assisting experience hours lacking.
(1) The licensed speech-language pathologist who will provide the assistant with the training to acquire these hours shall submit:
(A) the supervisory responsibility statement form; and
(B) a clinical deficiency plan that shall include the following:
(i) name and signature of the assistant;
(ii) name, qualifications, and signature of the licensed speech-language pathologist who will provide the training;
(iii) number of hours of observation and/or assisting experience lacking;
(iv) statement that the training shall be conducted under 100% direct, face-to-face supervision of the assistant; and
(v) list of training, consistent with subsection (h) of this section, that shall be completed.
(2) The board office shall evaluate the documentation and fees submitted to determine if the assistant license shall be issued. Additional information or revisions may be required before approval is granted.
(3) The clinical deficiency plan shall be completed within 60 days of the issue date of the license or the assistant shall be considered to have voluntarily surrendered the license.
(4) Immediately upon completion of the clinical deficiency plan, the trainer identified in the plan shall submit:
(A) a supervision log that verifies the specific times and dates in which the hours were acquired with a brief description of the training conducted during each session;
(B) a rating scale of the assistant's performance; and
(C) a signed statement that the assistant successfully completed the clinical observation and clinical assisting experience under his or her 100% direct, face-to-face supervision of the assistant. This statement shall specify the number of hours completed and verify completion of the training identified in the clinical deficiency plan.
(5) Board staff shall evaluate the documentation required in paragraph (4) of this subsection and inform the licensed assistant and licensed speech-language pathologist who will provide the licensed assistant with the training if acceptable.
(6) A licensed assistant may continue to practice under supervision of the licensed speech-language pathologist who will provide the licensed assistant with the training while the board office evaluates the documentation identified in paragraph (4) of this subsection.
(7) In the event, another licensed speech-language pathologist shall supervise the assistant after completion of the clinical deficiency plan, a supervisory responsibility statement form shall be submitted to the board office seeking approval for the change in supervision. If the documentation required by paragraph (4) of this subsection has not been received and approved by the board office, approval for the change in supervision shall not be granted.
(f) A supervisory responsibility statement form shall be completed and signed by both the applicant and the licensed speech-language pathologist who agrees to assume responsibility for all services provided by the assistant. The supervisor shall have practiced for at least three years and shall submit a signed statement verifying he or she has met this requirement. If the supervisor does not have the required experience, the supervisor shall submit a written request outlining the supervisor's qualifications and a justification for the request for an exception. The board's designee shall evaluate the request and approve or disapprove it within 15 working days of receipt by the board.
(1) Approval from the board office shall be required prior to practice by the assistant. The supervisor responsibility statement shall be submitted upon:
(A) application for a license;
(B) license renewal when there is a change in supervisor;
(C) other changes in supervision; and
(D) the addition of other supervisors.
(2) In the event more than one licensed speech-language pathologist agrees to supervise the assistant, each supervisor shall be identified on the supervisor responsibility statement.
(3) An assistant may renew the license if there is a change in supervision, but may not practice until a new supervisory responsibility statement form is approved.
(4) In the event the supervisor ceases supervision of the assistant, the supervisor shall notify the board, in writing, and shall inform the assistant to stop practicing immediately. The board shall hold the supervisor responsible for the practice of the assistant until written notification has been received in the board office.
(5) Should the assistant practice without approval from the board office, disciplinary action may be initiated against the assistant. If the supervisor had knowledge of this violation, disciplinary action against the supervisor may also be initiated.
(g) A licensed speech-language pathologist shall assign duties and provide appropriate supervision to the assistant.
(1) Initial diagnostic contacts shall be conducted by the supervising speech-language pathologist.
(2) Following the initial diagnostic contact, the supervising speech-language pathologist shall determine whether the assistant has the competence to perform specific duties before delegating tasks.
(3) Indirect methods of supervision may include audio and/or video tape recording, report review, telephone or electronic communication, or other means of reporting.
(4) The supervising speech-language pathologist shall provide a minimum of two hours per week of supervision, at least one hour of which is face-to-face supervision, at the location where the assistant is employed. This applies whether the assistant's practice is full or part-time.
(5) An exception to paragraph (3) of this subsection may be requested. The supervising speech-language pathologist shall submit a proposed plan of supervision for review by the board's designee. Within 15 working days of receipt of the request, the board's designee shall approve or disapprove the plan. The plan shall be for not more than one year's duration and shall include:
(A) the name of the licensed speech-language pathology assistant;
(B) the name and signature of the supervising speech-language pathologist;
(C) the proposed plan of supervision;
(D) the exact time frame for the proposed plan;
(E) the length of time the assistant has been practicing under the requestor's supervision; and
(F) the reason the request is necessary.
(6) If the exception referenced in paragraph (5) of this subsection is approved and the reason continues to exist, the licensed supervising speech-language pathologist shall annually resubmit a request to be evaluated by the board's designee. Within 15 working days of receipt of the request, the board's designee shall approve or disapprove the plan.
(7) Supervisory records shall be maintained for a period of three years by the licensed speech-language pathologist that verify regularly scheduled monitoring, assessment, and evaluation of the assistant's and client's performance. Such documentation may be requested by the board.
(A) An assistant may conduct assessments which includes data collection, clinical observation and routine test administration if the assistant has been appropriately trained and the assessments are conducted under the direction of the supervisor. An assistant may not conduct a test if the test developer has specified that a graduate degreed examiner should conduct the test.
(B) An assistant may not conduct an evaluation which includes diagnostic testing and observation, test interpretation, diagnosis, decision making, statement of severity or implication, case selection or case load decisions.
(h) Although the licensed supervising speech-language pathologist may delegate specific clinical tasks to an assistant, the responsibility to the client for all services provided cannot be delegated. The licensed speech-language pathologist shall ensure that all services provided are in compliance with this chapter.
(1) The licensed supervising speech-language pathologist need not be present when the assistant is completing the assigned tasks; however, the licensed speech-language pathologist shall document all services provided and the supervision of the assistant.
(2) The licensed supervising speech-language pathologist shall keep job descriptions and performance records. Records shall be current and made available to the board within 30 days of the date of the board's request for such records.
(3) The assistant may execute specific components of the clinical speech, language, and/or hearing program if the licensed speech-language pathologist determines that the assistant has received the training and has the skill to accomplish that task, and the licensed speech-language pathologist provides sufficient supervision to ensure appropriate completion of the task assigned to the assistant.
(4) Examples of duties which an assistant may be assigned by the speech-language pathologist who agreed to accept responsibility for the services provided by the assistant, provided appropriate training has been received, are to:
(A) conduct or participate in speech, language, and/or hearing screening;
(B) implement the treatment program or the individual education plan (IEP) designed by the licensed speech-language pathologist;
(C) provide carry-over activities which are the therapeutically designed transfer of a newly acquired communication ability to other contexts and situations;
(D) collect data;
(E) administer routine tests as defined by the board if the test developer does not specify a graduate degreed examiner and the supervisor has determined the assistant is competent to perform the test;
(F) maintain clinical records;
(G) prepare clinical materials; and
(H) participate with the licensed speech-language pathologist in research projects, staff development, public relations programs, or similar activities as designated and supervised by the licensed speech-language pathologist.
(i) A licensed speech-language pathology assistant may represent special education and speech pathology at Admission, Review and Dismissal (ARD) meetings with the following stipulations.
(1) The speech-language pathology assistant shall have written documentation of approval from the licensed, board approved speech-language pathologist supervisor.
(2) The speech-language pathology assistant shall have three years experience as a speech pathology assistant in the school setting.
(3) The speech-language pathology assistant may attend, with written approval of the supervising speech-language pathologist, a student's annual review ARD meeting if the meeting involves a student for whom the licensed speech-language pathology assistant provides services. If an assistant attends a meeting as provided by this rule, the supervising speech-language pathologist is not required to attend the meeting. A supervising speech-language pathologist must attend an ARD meeting if the purpose of the meeting is to develop a student's initial individual educational plan or if the meeting is to consider the student's dismissal, unless the supervising speech-language pathologist has submitted their recommendation in writing on or before the date of the meeting.
(4) The speech-language pathology assistant shall present Individual Educational Plan (IEP) goals and objectives that have been developed by the supervising speech-language pathologist and reviewed with the parent by the speech-language pathologist.
(5) The speech-language pathology assistant shall discontinue participation in the ARD meeting, and contact the supervising speech-language pathologist, when questions or changes arise regarding the IEP Document.
(j) The licensed, board approved supervisor of the assistant, prior to the ARD, shall:
(1) notify the parents of students with speech impairments that services will be provided by an SLP assistant and that the SLP assistant will represent Speech Pathology at the ARD;
(2) develop the student's new IEP goals and objective and review them with the SLP assistant; and
(3) maintain undiminished responsibility for the services provided and the actions of the assistant.
(k) The licensed speech-language pathology assistant shall not:
(1) conduct evaluations, even under supervision, since this is a diagnostic and decision making activity;
(2) interpret results of routine tests;
(3) interpret observations or data into diagnostic statements, clinical management strategies, or procedures;
(4) represent speech-language pathology at staff meetings or at an admission, review and dismissal (ARD), except as specified in this section;
(5) attend staffing meeting or ARD without the licensed assistant's supervising speech-language pathologist being present except as specified in this section;
(6) design or alter a treatment program or individual education plan (IEP);
(7) determine case selection;
(8) present written or oral reports of client information, except as provided by this section;
(9) refer a client to other professionals or other agencies;
(10) use any title which connotes the competency of a licensed speech-language pathologist;
(11) practice as an assistant in speech-language pathology without a valid supervisory responsibility statement on file in the board office;
(12) perform invasive procedures;
(13) screen or diagnose clients for feeding and swallowing disorders;
(14) use a checklist or tabulated results of feeding or swallowing evaluations;
(15) demonstrate swallowing strategies or precautions to clients, family, or staff;
(16) provide client or family counseling; or
(17) write or sign any formal document relating to the provision of speech-language pathology services (e.g., treatment plans, diagnostic reports, reimbursement forms).
(l) In any professional context the licensee must indicate the licensee status as a speech-language pathology assistant.
(m) The board may audit a random sampling of licensed speech-language pathology assistants for compliance with this section and §741.44 of this title (relating to Requirements, Duties, and Responsibilities of Supervisors).
(1) The board shall notify an assistant and supervisor by mail that he or she has been selected for an audit.
(2) Upon receipt of an audit notification, the licensed speech-language pathology assistant and the licensed speech-language pathologist who agreed to accept responsibility for the services provided by the assistant shall mail the requested proof of compliance to the board.
(3) The licensed speech-language pathology assistant and the supervising speech-language pathologist shall comply with the board's request for documentation and information concerning compliance with the audit.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802202
Kerry Ormson, Ed.D., Au.D.
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: May 18, 2008
Proposal publication date: January 25, 2008
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The adopted amendments are authorized by Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.
§741.81.Requirements for an Audiology License.
(a) An applicant for the audiology license shall meet the requirements set out in the Act and this section.
(b) The graduate degree shall be completed at a college or university that has a program accredited by the American Speech-Language Hearing Association Council on Academic Accreditation and holds accreditation or candidacy status from a recognized regional accrediting agency.
(1) Original or certified copies of the transcripts showing the conferred degree shall verify the applicant completed the following:
(A) at least 36 semester credit hours shall be in professional course work acceptable toward a graduate degree;
(B) at least 24 semester credit hours acceptable toward a graduate degree shall be earned in the area of audiology, including hearing disorders, hearing evaluations, habilitative/rehabilitative procedures, and preventive methods, including the study of auditory disorders and habilitative/rehabilitative procedures across the life span; and
(C) six semester credit hours shall be earned in the area of normal development of speech and language speech disorders.
(2) A maximum of six academic semester credit hours associated with clinical experience and a maximum of six academic semester credit hours associated with a thesis or dissertation may be counted toward the 36 hours but not in lieu of the requirements of paragraph (1)(B) and (C) of this subsection.
(3) A quarter hour of academic credit shall be considered as two-thirds of a semester credit hour.
(4) An applicant who possesses a master's degree with a major in speech-language pathology and is pursuing a license in audiology may apply if the board has an original transcript showing the conferred degree showing completion of a master's degree with a major in speech-language pathology on file and a letter from the program director or designee of the college or university stating that the individual completed enough hours to establish a graduate level major in audiology and would meet the academic and clinical experience requirements for a license as an audiologist.
(5) An applicant who graduated from a college or university not accredited by the American Speech-Language Hearing Association Council on Academic Accreditation shall have the American Speech-Language-Hearing Association Clinical Certification Board evaluate the course work and clinical experience earned to determine if acceptable. The applicant shall bear all expenses incurred during the procedure.
(c) An applicant shall complete at least 25 clock hours of supervised observation before completing the minimum of the following hours of supervised clinical experience, which may be referred to as clinical practicum, with individuals who present a variety of communication disorders within an educational institution or in one of its cooperating programs:
(1) 275 clock hours if the master's or higher degree was earned prior to November 10, 1993; or
(2) 350 clock hours if the master's or higher degree was earned between November 10, 1993 and December 31, 2006; or
(3) 1400 clock hours if the master's or higher degree was earned on or after January 1, 2007.
(d) An applicant shall obtain a minimum of 36 weeks of full-time, or its part-time equivalent, of supervised professional experience in which clinical work has been accomplished in audiology as set out in §741.82 of this title (relating to Requirements for an Intern in Audiology License).
(1) An individual shall be licensed under §741.82 of this title prior to the beginning of the supervised professional experience.
(2) The supervisor of an individual who completed an internship in another state and met the requirements set out in §741.82 of this title shall:
(A) be licensed in that other state, rather than Texas; or
(B) hold the American Speech-Language-Hearing Association certificate of clinical competence in audiology if the other state did not require licensing.
(e) An applicant shall pass the examination as referenced by §741.121 of this title (relating to Examination Administration) within:
(1) the past 10 years; and
(2) two years of the completion date of the internship referenced in subsection (d) of this section.
(f) In the event the applicant passed the examination referenced in subsection (e) of this section more than two years after the completion date of the internship, the applicant shall repeat the 36 weeks supervised internship before applying for the audiology license. The applicant shall obtain the intern license as required by §741.82 of this title prior to repeating the internship. The applicant may appeal to the board's designee for waiver of the requirement to repeat the internship.
(g) An applicant who previously held the American Speech-Language-Hearing Association Certificate of Clinical Competence may have the certificate reinstated and apply for licensure under §741.83 of this title (relating to Waiver of Clinical and Examination Requirements for Audiologists).
§741.82.Requirements for an Intern in Audiology License.
(a) An applicant for the intern in audiology license shall meet the requirements set out in the Act and §741.81(a) - (c) of this title (relating to Requirements for an Audiology License).
(b) In the event the course work and clinical experience set out in subsection (a) of this section were earned more than 10 years before the date of application for the intern license, the applicant shall submit proof of current knowledge of the practice of audiology to be evaluated by the board's designee. The applicant may reapply for the license when the requirements of this section are met.
(c) An original or certified copy of the transcript showing the conferred degree is required and shall be evaluated under §741.81(b) of this title.
(d) An applicant who has successfully completed all academic and clinical requirements of §741.81(a) - (c) of this title but who has not had the degree officially conferred may be licensed as an intern in order to begin the supervised professional experience but shall submit an original or certified copy of a letter from the program director or designee verifying the applicant has met all academic course work, clinical experience requirements, and completed a thesis or passed a comprehensive examination, if required, and is awaiting the date of next graduation for the degree to be conferred. This letter is in addition to the original or certified copy of the transcripts required in subsection (c) of this section.
(e) An applicant who has successfully completed all academic and clinical requirements of §741.81(a) - (c) of this title but who has not had the degree officially conferred may be licensed as an intern in order to begin the supervised professional experience. The applicant shall submit an original or certified copy of a letter from the program director or designee verifying the applicant is enrolled in a professionally recognized accredited doctor of audiology (Au.D.) program as approved by the board and has met all academic course work, clinical experience requirements, and completed a thesis or passed a comprehensive examination, if required, but has not had the degree officially conferred. This letter is in addition to the original or certified copy of the transcripts required in subsection (c) of this section.
(f) An applicant whose graduate degree is received at a college or university accredited by the American Speech-Language-Hearing Association Council on Academic Accreditation will receive automatic approval of the course work and clinical experience if the program director or designee verifies that all requirements as outlined in §741.81(a) - (c) of this title have been met and review of the transcript shows that the applicant has successfully completed at least 24 semester credit hours acceptable toward a graduate degree in the area of audiology with six hours in speech-language pathology.
(g) An intern plan and agreement of supervision form shall be completed and signed by both the applicant and the licensed audiologist who agrees to assume responsibility for all services provided by the intern. The supervisor shall hold a valid Texas license in audiology and possess a master's degree or higher with a major in one of the areas of communicative sciences and disorders. The supervisor shall have practiced for at least three years and shall submit a signed statement verifying he or she has met this requirement. If the supervisor does not have the required experience he or she shall submit a written request outlining his or her qualifications and justification for the request for an exception. The Board's designee shall evaluate the request and approve or disapprove it within 15 working days of receipt by the Board.
(1) Approval from the board office shall be required prior to practice by the intern. The intern plan and agreement of supervision shall be submitted upon:
(A) application for a license;
(B) license renewal;
(C) changes in supervision; and
(D) addition of other supervisors.
(2) In the event more than one licensed audiologist agrees to supervise the intern, the primary supervisor shall be identified and separate forms submitted by each supervisor.
(3) In the event the supervisor ceases supervision of the intern, the intern shall stop practicing immediately.
(4) Should the intern practice without approval from the board office, disciplinary action shall be initiated against the intern. If the supervisor had knowledge of this violation, disciplinary action against the supervisor shall also be initiated.
(h) The internship shall:
(1) begin within four years after the academic and clinical experience requirements as required by subsection (a) of this section have been met;
(2) be completed within a maximum period of 36 months once initiated;
(3) be successfully completed in no more than two attempts;
(4) consist of 36 weeks of full-time, or its part-time equivalent, of supervised professional experience in which bona fide clinical work has been accomplished in audiology. Full-time employment is defined as a minimum of 35 hours per week in direct client clinical work. Part-time equivalent is defined as follows:
(A) 0 - 14 hours per week--no credit will be given;
(B) 15 - 21 hours per week for over 72 weeks;
(C) 22 - 28 hours per week for over 60 weeks; or
(D) 29 - 34 hours per week for over 48 weeks;
(5) involve primarily clinical activities such as assessment, diagnosis, evaluation, screening, treatment, report writing, family/client consultation, and/or counseling related to the management process of individuals who exhibit communication disabilities;
(6) be divided into three segments with no fewer than 36 clock hours of supervisory activities to include:
(A) six hours of face-to-face observations per segment by the board approved supervisor(s) of the intern's direct client contact at the worksite in which the intern provides screening, evaluation, assessment, habilitation, and rehabilitation; and
(B) six hours of other monitoring activities per segment with the board approved supervisor(s) which may include correspondence, review of videotapes, evaluation of written reports, phone conferences with the intern, evaluations by professional colleagues; or
(C) an alternative plan as approved by the board's designee.
(i) An applicant who does not meet the time frames defined in subsection (h)(1) - (2) of this section shall request an extension, in writing, explaining the reason for the request. Evaluation of the intern's progress or performance from all supervisors must accompany the request. Intern plans and supervisory evaluations for completed segments must be submitted. The board's designee shall determine if the internship:
(1) should be revised or extended; and
(2) whether additional course work, continuing professional education hours or passing the examination referenced in §741.121 of this title (relating to Examination Administration) is required.
(j) During each segment of the internship, the primary supervisor shall conduct a formal evaluation of the intern's progress in the development of professional skills. Documentation of this evaluation shall be maintained by both parties for three years or until the audiology license is granted. A copy of this documentation must be submitted to the board upon request.
(k) Prior to implementing changes in the internship, approval from the board office is required.
(1) If the intern changes his or her supervisor or adds additional supervisors, a current intern plan and agreement of supervision form shall be submitted by the new supervisor and approved by the board before the intern may resume practice. A report of completed internship form shall be completed by the previous supervisor and the intern and submitted to the board office upon completion of that portion of the internship. It is the decision of the supervisor to determine whether the internship is acceptable. The board office shall evaluate the form and inform the intern of the results.
(2) A primary supervisor who ceases supervising an intern shall submit a report of completed internship form for the portion of the internship completed under his or her supervision. This must be submitted within 30 days of the date the supervision ended.
(3) A secondary supervisor who ceases supervising an intern shall submit written documentation of the intern's performance under their supervision. This must be submitted within 30 days of the date the supervision ended.
(4) If the intern changes his or her employer but the supervisor and the number of hours employed per week remain the same, the supervisor shall submit a signed statement giving the name, address and phone number of the new location. This must be submitted within 30 days of the date the change occurred.
(5) If the number of hours worked per week changes but the supervisor and the location remain the same, the supervisor shall submit a signed statement giving the date the change occurred and the number of hours per week the intern is now working. A report of completed internship form shall be submitted for the past experience, clearly indicating the number of hours worked per week. This must be submitted within 30 days of the date the change occurred.
(6) In any professional context the licensee must indicate the licensee's status as an audiology intern.
(l) If the intern wishes to continue to practice, within 30 days of completion of the 36 weeks of full-time, or its part-time equivalent, supervised professional experience as defined in subsection (h) of this section, the intern shall apply for either:
(1) an audiology license under §741.81 of this title if the intern passed the examination referenced in §741.121 of this title; or
(2) a temporary certificate of registration under §741.85 of this title (relating to Requirements for a Temporary Certificate of Registration in Audiology) if the intern has not passed the examination referenced in §741.121 of this title.
(m) The intern may continue to practice under supervision if he or she holds a valid intern license while awaiting the processing of the audiology license or the temporary certificate of registration in audiology as follows:
(1) The current supervisor(s) shall agree to supervise the intern from the "Ending Date of Internship" as shown on the report of completed internship form until the intern receives either the audiology license or the temporary certificate of registration.
(2) If the intern changes supervisors, the new supervisor shall first submit the intern plan and agreement of supervision form and receive board approval before the intern may resume practice.
§741.84.Requirements for an Assistant in Audiology License.
(a) An applicant for an assistant in audiology license shall meet the requirements set out in the Act and this section.
(b) An assistant is an individual who provides audiology support services to clinical programs under supervision of a licensed audiologist and meets the following requirements:
(1) possesses a baccalaureate degree with an emphasis in communicative sciences and disorders;
(2) acquired no fewer than 24 semester hours in speech-language pathology and/or audiology, at least 18 of which must be in audiology core curriculum and excludes clinical experience and course work such as special education, deaf education, or sign language; and
(3) earned no fewer than 25 hours of clinical observation in the area of audiology and 25 hours of clinical assisting experience in the area of audiology obtained within an educational institution or in one of its cooperating programs.
(c) The baccalaureate degree shall be completed at a college or university that has a program accredited by the American Speech-Language-Hearing Association Council on Academic Accreditation or holds accreditation or candidacy status from a recognized regional accrediting agency.
(1) Original or certified copy of the transcripts showing the conferred degree shall be submitted and reviewed as follows:
(A) only course work earned within the past 10 years with a grade of "C" or above is acceptable;
(B) a quarter hour of academic credit shall be considered as two-thirds of a semester credit hour; and
(C) academic courses, the titles of which are not self-explanatory, shall be substantiated through course descriptions in official school catalogs or bulletins or by other official means.
(2) In the event the course work and clinical experience set out in subsection (b) of this section were earned more than 10 years before the date of application for the assistant license, the applicant shall submit proof of current knowledge of the practice of audiology to be evaluated by the board's designee. If an applicant is required to earn additional course work or continuing professional education hours, §741.193 of this title (relating to Revocation, Suspension, Emergency Suspension, or Denial) shall not apply. The applicant may reapply for the license when the requirements of this section are met.
(d) An applicant who possesses a baccalaureate degree with a major that is not in communicative sciences and disorders may qualify for the assistant license. The board's designee shall evaluate transcripts on a case-by-case basis to ensure equivalent academic preparation and shall determine if the applicant satisfactorily completed 24 graduate hours in communicative sciences or disorders which may include some leveling hours.
(e) Degrees and/or course work received at foreign universities shall be acceptable only if such course work and clinical practicum hours may be verified as meeting the requirements of subsection (a) of this section. The applicant must bear all expenses incurred during the procedure. The board's designee shall evaluate the documentation within 15 working days of receipt of all documentation which shall include an original transcript and an original report from a credential evaluation services agency acceptable to the board.
(f) An applicant who has not acquired the hours referenced in subsection (b)(3) of this section shall not meet the minimum qualifications for the assistant license. Other than acquiring the 25 hours of clinical observation and the 25 hours of clinical assisting experience through an accredited college or university, there are no other exemptions in the Act for an applicant to acquire the hours. The applicant shall first obtain the assistant license by submitting the forms, fees, and documentation referenced in §741.112(e) of this title (relating to Required Application Materials) and include a clinical deficiency plan to acquire the clinical observation and clinical assisting experience hours lacking.
(1) The licensed audiologist who will provide the assistant with the training to acquire these hours shall submit:
(A) the supervisory responsibility statement form; and
(B) a clinical deficiency plan that shall include the following:
(i) name and signature of the assistant;
(ii) name, qualifications, and signature of the licensed audiologist who will provide the licensed assistant with the training;
(iii) number of hours of observation and/or assisting experience lacking;
(iv) statement that the training shall be conducted under 100% direct, face-to-face supervision of the assistant; and
(v) list of training, consistent with subsection (h) of this section, that shall be completed.
(2) The board office shall evaluate the documentation and fees submitted to determine if the assistant license shall be issued. Additional information or revisions may be required before approval is granted.
(3) The clinical deficiency plan shall be completed within 60 days of the issue date of the license or the assistant shall be considered to have voluntarily surrendered the license.
(4) Immediately upon completion of the clinical deficiency plan, the licensed audiologist who is providing the licensed assistant with the training identified in the plan shall submit:
(A) a supervision log that verifies the specific times and dates in which the hours were acquired with a brief description of the training conducted during each session;
(B) a rating scale of the assistant's performance; and
(C) a signed statement that the assistant successfully completed the clinical observation and clinical assisting experience under his or her 100% direct, face-to-face supervision of the assistant. This statement shall specify the number of hours completed and verify completions of the training identified in the clinical deficiency plan.
(5) In addition to paragraph (4) of this subsection, the assistant shall submit an original signed statement listing the duties that an assistant may and may not perform and acknowledge understanding that the supervisory responsibility statement form shall be received and approved by board staff in order for the assistant to practice.
(6) Board staff shall evaluate the documentation in paragraphs (4) and (5) of this subsection and inform the assistant and trainer if acceptable.
(7) A licensed assistant may continue to practice under the supervision of the licensed audiologist who is providing the licensed assistant with the training while the board office evaluates the documentation identified in paragraphs (4) and (5) of this subsection.
(8) In the event, another licensed audiologist shall supervise the assistant after completion of the clinical deficiency plan, a supervisory responsibility statement form shall be submitted to the board office seeking approval for the change in supervision. If the documentation required by paragraphs (4) and (5) of this subsection has not been received and approved by the board office, approval for the change shall not be granted.
(g) A supervisory responsibility statement shall be completed and signed by both the applicant and the licensed audiologist who agrees to assume responsibility for all services provided by the assistant. The supervisor shall have practiced for at least three years and shall submit a signed statement verifying he or she has met this requirement. If the supervisor does not have the required experience he or she shall submit a written request outlining his or her qualifications and justification for the request for an exception. The board's designee shall evaluate the request and approve or disapprove it within 15 working days of receipt by the board.
(1) Approval from the board office shall be required prior to practice by the assistant. The supervisory responsibility statement shall be submitted upon:
(A) application for a license;
(B) license renewal;
(C) changes in supervision; and
(D) addition of other supervisors.
(2) In the event more than one licensed audiologist agrees to supervise the assistant, the primary supervisor shall be identified and separate supervisor responsibility statements submitted by each supervisor.
(3) An assistant may renew the license but may not practice until a new supervisor responsibility statement is approved.
(4) In the event the supervisor ceases supervision of the assistant, the assistant shall stop practicing immediately.
(5) Should the assistant practice without approval from the board office, disciplinary action shall be initiated against the assistant. If the supervisor had knowledge of this violation, disciplinary action against the supervisor shall also be initiated.
(h) A licensed audiologist shall assign duties and provide appropriate supervision to the assistant.
(1) Initial diagnostic contacts shall be conducted by the supervising licensed audiologist.
(2) Following the initial diagnostic contact, the supervising audiologist shall determine whether the assistant has the competence to perform specific duties before delegating tasks.
(3) The supervising audiologist(s) shall provide the minimum of two hours per week, at least one hour of which is face-to-face supervision, at the location where the assistant is employed. This applies whether the assistant's practice is full or part-time.
(4) Indirect methods of supervision may include audio and/or video tape recording, telephone communication, numerical data, or other means of reporting.
(5) An exception to paragraph (3) of this subsection may be requested. The supervising audiologist shall submit a proposed plan of supervision for review by the board's designee. The plan shall be for not more than one year's duration and shall include:
(A) the name of the assistant;
(B) the name and signature of the supervising audiologist;
(C) the proposed plan of supervision;
(D) the exact time frame for the proposed plan;
(E) the length of time the assistant has been practicing under the requestor's supervision; and
(F) the reason the request is necessary.
(6) If the exception referenced in paragraph (5) of this subsection is approved and the reason continues to exist, the licensed supervising audiologist shall annually resubmit a request to be evaluated by the board's designee.
(7) Supervisory records shall be maintained by the licensed audiologist for a period of three years which verify regularly scheduled monitoring, assessment, and evaluation of the assistant's and client's performance. Such documentation may be requested by the board.
(A) An assistant may conduct assessments which includes data collection, clinical observation and routine test administration if the assistant has been appropriately trained and the assessments are conducted under the direction of the supervisor.
(B) An assistant may not conduct an evaluation which includes diagnostic testing, test and observation interpretation, diagnosis, decision making, statement of severity or implication, case selection or case load decisions.
(i) Although the licensed supervising audiologist may delegate specific clinical tasks to an assistant, the responsibility to the client for all services provided cannot be delegated. The licensed audiologist shall ensure that all services provided are in compliance with this chapter.
(1) The licensed audiologist need not be present when the assistant is completing the assigned tasks; however, the licensed audiologist shall document all services provided and the supervision of the assistant.
(2) The licensed audiologist shall keep job descriptions and performance records. Records shall be current and be made available to the board within 30 days of the date of the board's request for such records.
(3) The assistant may execute specific components of the clinical speech, language, and/or hearing program if the licensed audiologist determines that the assistant has received the training and has the skill to accomplish that task, and the licensed audiologist provides sufficient supervision to ensure appropriate completion of the task assigned to the assistant.
(4) Examples of duties which an assistant may be assigned by the audiologist who agreed to accept responsibility for the services provided by the assistant, provided appropriate training has been received, are to:
(A) conduct or participate in speech, language, and/or hearing screening;
(B) conduct aural habilitation or rehabilitation;
(C) provide carry-over activities which are the therapeutically designed transfer of a newly acquired communication ability to other contexts and situations;
(D) collect data;
(E) administer routine tests as defined by the board;
(F) maintain clinical records;
(G) prepare clinical materials; and
(H) participate with the licensed audiologist in research projects, staff development, public relations programs, or similar activities as designated and supervised by the licensed audiologist.
(5) The assistant shall not:
(A) conduct evaluations even under supervision since this is a diagnostic and decision making activity;
(B) interpret results of routine tests;
(C) interpret observations or data into diagnostic statements, clinical management strategies, or procedures;
(D) represent audiology at staff meetings or on an admission, review and dismissal (ARD);
(E) attend staffing meeting or ARD without the supervisor being present;
(F) design a treatment program;
(G) determine case selection;
(H) present written or oral reports of client information;
(I) refer a client to other professionals or other agencies;
(J) use any title which connotes the competency of a licensed audiologist; or
(K) practice as an assistant in audiology without a valid supervisory responsibility statement on file in the board office.
(j) In any professional context the licensee must indicate the licensee's status as an audiology assistant.
(k) An assistant may not engage in the fitting, dispensing or sale of a hearing instrument; however, an assistant who is licensed under the Texas Occupations Code, Chapter 402 may engage in activities as allowed by that law and is not considered to be functioning under his or her assistant license when performing those activities.
(l) The board may audit a random sampling of licensed assistants for compliance with this section and §741.44 of this title (relating to Requirements, Duties, and Responsibilities of Supervisors).
(1) The board shall notify an assistant by mail that he or she has been selected for an audit.
(2) Upon receipt of an audit notification, the assistant and the licensed audiologist who agreed to accept responsibility for the services provided by the assistant shall mail the requested proof of compliance to the board.
(3) A licensee and supervisor shall comply with the board's request for documentation and information concerning compliance with the audit.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802203
Kerry Ormson, Ed.D., Au.D.
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: May 18, 2008
Proposal publication date: January 25, 2008
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The adopted amendment is authorized by Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.
§741.91.Requirements for Dual Licenses in Speech-Language Pathology and Audiology.
(a) An applicant for dual licenses in speech-language pathology and in audiology as referenced in the Act shall meet the requirements set out in:
(1) Section 741.63 of this title (relating to a Waiver of Clinical and Examination Requirements for Speech-Language Pathologists) and §741.83 of this title (relating to a Waiver of Clinical and Examination Requirements for Audiologists); or
(2) Section 741.61 of this title (relating to Requirements for a Speech-Language Pathology License) and §741.81 of this title (relating to Requirements for an Audiology License) with the following exceptions.
(A) Instead of the number of semester credit hours of course work referenced in §741.61(b) of this title and §741.81(b) of this title, the applicant shall have completed:
(i) at least 42 semester credit hours in professional course work acceptable toward a graduate degree with at least 21 semester credit hours awarded graduate credit in speech-language pathology and at least 21 semester credit hours awarded graduate credit in audiology;
(ii) at least 30 semester credit hours acceptable toward a graduate degree in the area of speech-language pathology as follows:
(I) at least six graduate semester credit hours in speech disorders; and
(II) at least six graduate semester credit hours in language disorders;
(iii) at least 30 semester credit hours acceptable toward a graduate degree in the area of audiology as follows:
(I) at least six graduate semester credit hours in hearing disorders and hearing evaluations; and
(II) at least six graduate semester credit hours in habilitative/rehabilitative procedures with individuals who have hearing impairment.
(B) Instead of the number of hours of supervised clinical observation and experience referenced in §741.61(c) of this title and §741.81(c) of this title, the applicant shall have completed at least:
(i) 25 hours of supervised observation in evaluation and treatment of children and adults with disorders of speech, language, or hearing prior to beginning 600 graduate credit hours of direct clinical experience; and
(ii) 400 minimum graduate credit hours of clinical experience with at least 325 hours in speech-language pathology under direction of a graduate degreed licensed speech-language pathologist and at least 52 weeks at 35 hours per week hours in audiology under direction of a graduate degreed licensed audiologist.
(b) Academic credit for clinical experience cannot be used to satisfy the minimum requirements of at least 21 graduate semester credit hours in speech-language pathology and at least 21 graduate semester credit hours in audiology.
(c) Transcripts shall be evaluated as set out in either §741.61(b) of this title or §741.81(b) of this title.
(d) A speech-language pathology license and an audiology license shall be issued individually.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802204
Kerry Ormson, Ed.D., Au.D.
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: May 18, 2008
Proposal publication date: January 25, 2008
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The adopted amendment is authorized by Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.
§741.101.Registration of Audiologists and Interns in Audiology to Fit and Dispense Hearing Instruments.
(a) The audiology license constitutes registration to fit and dispense hearing instruments.
(b) The audiology intern license and the temporary audiology certificate constitute registration to fit and dispense hearing instruments under supervision of the licensed audiologist approved by the board office to supervise the internship.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802205
Kerry Ormson, Ed.D., Au.D.
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: May 18, 2008
Proposal publication date: January 25, 2008
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The adopted amendment is authorized by Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.
§741.112.Required Application Materials.
(a) An applicant applying for a speech-language pathology or audiology license under §741.61 of this title (relating to Requirements for a Speech-Language Pathology License) or §741.81 of this title (relating to Requirements for an Audiology License) shall submit the following:
(1) an original board application form including disclosure of the applicant's social security number completed, signed and dated within the past 60 days;
(2) the application and initial license fee;
(3) an original or certified copy of the transcript(s) showing the conferred degree of all relevant course work which also verifies that the applicant possesses a minimum of a master's degree with a major in one of the areas of communicative sciences or disorders; however, an applicant who graduated from a college or university with a program not accredited by the American Speech-Language-Hearing Association Council on Academic Accreditation, shall submit an original signed letter from the American Speech-Language-Hearing Association stating the Clinical Certification Board accepted the course work and clinical experience;
(4) if not previously submitted when applying for intern, an original board course work and clinical experience form completed by the director or designee of the college or university attended which verifies the applicant has met the requirements established in §741.61(b) - (c) of this title or §741.81(b) - (c) of this title;
(5) an original board report of completed internship form completed by the applicant's supervisor and signed by both the applicant and the supervisor; however, if the internship was completed out-of-state, the supervisor shall also submit a copy of his or her diploma or transcript showing the master's degree in one of the areas of communicative sciences and disorders had been conferred and a copy of a valid license to practice in that state. If that state did not require licensure, the supervisor shall submit an original letter from the American Speech-Language-Hearing Association stating the certificate of clinical competence was held when the applicant completed the internship in addition to proof of a master's degree in communicative sciences and disorders; and
(6) an original or certified statement from the Educational Testing Service showing the applicant passed the examination described in §741.121 of this title (relating to Examination Administration) within the time period established in §741.61(e) or §741.81(e) of this title.
(b) An applicant applying for an intern in speech-language pathology license under §741.62 of this title (relating to Requirements for an Intern in Speech-Language Pathology License) or an intern in audiology license under §741.82 of this title (relating to Requirements for an Intern in Audiology License) shall submit the following:
(1) an original board application form including disclosure of the applicant's social security number completed, signed and dated within the past 60 days;
(2) the application and initial license fee;
(3) an original or certified copy of the transcript(s) showing the conferred degree of all relevant course work which also verifies that the applicant possesses a minimum of a master's degree with a major in one of the areas of communicative sciences or disorders; however, an applicant who graduated from a college or university with a program not accredited by the American Speech-Language-Hearing Association Council on Academic Accreditation, shall submit an original signed letter from the American Speech-Language-Hearing Association stating the Clinical Certification Board accepted the course work and clinical experience;
(4) if the graduate degree has not been officially conferred, an original or certified copy of transcript(s) and verification from the university attended verifying the applicant successfully completed all requirements for the graduate degree, and is only awaiting the date of next graduation for the degree to be conferred;
(5) an original board course work and clinical experience form completed by the director or designee of the college or university attended which verifies the applicant has met the requirements established in §741.61(b) - (c) of this title or §741.81(b) - (c) of this title; and
(6) a current, original board intern plan and agreement of supervision form completed by the supervisor and signed by both the applicant and the supervisor.
(c) An applicant who holds the American Speech-Language-Hearing Association certificate of clinical competence applying for licensure under §741.63 of this title (relating to Waiver of Clinical and Examination Requirements for Speech-Language Pathologists) or §741.83 of this title (relating to Waiver of Clinical and Examination Requirements for Audiologists) shall submit the following:
(1) an original board application form including disclosure of the applicant's social security number completed, signed and dated within the past 60 days;
(2) the application and initial license fee;
(3) an original or certified copy of a signed letter from the American Speech-Language-Hearing Association (ASHA) or the American Board of Audiology (ABA) which verifies the applicant currently holds the certificate of clinical competence or board certification in the area in which the applicant has applied for license; and
(4) an original or certified copy of the transcript(s) showing the conferred degree of all relevant course work which also verifies that the applicant possesses a minimum of a master's degree with a major in one of the areas of communicative sciences or disorders; however, an applicant whose transcript is in a language other than English shall submit an original evaluation form from an approved credentialing agency.
(d) An applicant applying for an assistant in speech-language pathology license under §741.64 of this title (relating to Requirements for an Assistant in Speech-Language Pathology License) or an assistant in audiology license under §741.84 of this title (relating to Requirements for an Assistant in Audiology License) shall submit the following:
(1) an original board application form including disclosure of the applicant's social security number completed, signed and dated within the past 60 days;
(2) the application and initial license fee;
(3) a current, original board supervisory responsibility statement form completed by the licensed supervisor who agrees to accept responsibility for the services provided by the assistant and signed by both the applicant and the supervisor;
(4) an original or certified copy of the transcript(s) showing the conferred degree of relevant course work which also verifies that the applicant possesses a baccalaureate degree with an emphasis in speech-language pathology and/or audiology;
(5) if not previously submitted, an original board clinical observation and experience form completed by the director or designee of the college or university training program verifying the applicant completed the requirements set out in §741.64(a)(3) of this title or §741.84(b)(3) of this title; and
(6) for an applicant who did not obtain the hours referenced in paragraph (5) of this subsection, a clinical deficiency plan to obtain the hours.
(e) An applicant applying for a speech-language pathology temporary certificate of registration under §741.65 of this title (relating to Requirements for a Temporary Certificate of Registration in Speech-Language Pathology) or an audiology temporary certificate of registration under §741.85 of this title (relating to Requirements for a Temporary Certificate of Registration in Audiology) shall submit the following:
(1) an original board application form including disclosure of the applicant's social security number completed, signed and dated within the past 60 days;
(2) the temporary certificate of registration fee;
(3) an original or certified copy of the transcript(s) showing the conferred degree of all relevant course work which also verifies that the applicant possesses a minimum of a master's degree with a major in one of the areas of communicative sciences or disorders; however, an applicant who graduated from a college or university with a program not accredited by the American Speech-Language-Hearing Association Council on Academic Accreditation, shall submit an original signed letter from the American Speech-Language-Hearing Association stating the Clinical Certification Board accepted the course work and clinical experience;
(4) an original board course work and clinical experience form completed by the director or designee of the college or university attended which verifies the applicant has met the requirements established in §741.61(b) - (c) of this title or §741.81(b) - (c) of this title;
(5) an original board report of completed internship form completed by the applicant's supervisor and signed by both the applicant and the supervisor; however, if the internship was completed out-of-state, the supervisor shall also submit a copy of his or her diploma or transcript showing the master's degree in one of the areas of communicative sciences and disorders had been conferred and a copy of a valid license to practice in that state. If that state did not require licensure, the supervisor shall submit an original letter from the American Speech-Language-Hearing Association stating the certificate of clinical competence was held when the applicant completed the internship in addition to proof of a master's degree in communicative sciences and disorders; and
(6) an applicant who completed the internship in another state and graduated from a college or university with a program not accredited by the American Speech-Language-Hearing Association, shall submit an original, signed letter from the American Speech-Language-Hearing Association stating the Clinical Certification Board accepted the course work, clinical practicum and the clinical fellowship year.
(f) An applicant for dual licenses in speech-language pathology and audiology under §741.91 of this title (relating to Requirements for Dual Licenses in Speech-Language Pathology and Audiology) shall submit separate documentation and fees as follows:
(1) an original board application form including disclosure of the applicant's social security number completed, signed and dated within the past 60 days requesting both licenses;
(2) two separate application and initial license fees; and
(3) documentation listed in subsection (a)(3) - (6) of this section or subsection (c)(3) - (4) of this section.
(g) An applicant who currently holds one license and wishes to obtain dual licenses shall submit the following:
(1) an original board application form including disclosure of the applicant's social security number completed, signed and dated within the past 60 days requesting the other license;
(2) the application and initial license fee; and
(3) documentation listed in subsection (a)(3) - (6) of this section or subsection (c)(3) - (4) of this section.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802206
Kerry Ormson, Ed.D., Au.D.
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: May 18, 2008
Proposal publication date: January 25, 2008
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The adopted amendments are authorized by Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.
§741.162.Requirements for Continuing Professional Education.
(a) Continuing professional education in speech-language pathology and audiology as required by the Act consists of a series of planned individual learning experiences beyond the basic educational program which has led to a degree or qualifies one for licensure.
(b) A continuing education unit (CEU) is the basic unit of measurement used to credit individuals with continuing education activities for licensure. One CEU is defined as 10 contact hours of participation in an approved continuing education experience.
(c) Twenty clock hours (two CEUs) shall be required to renew a license issued for a two-year term. The holder of dual licenses, meaning both a speech-language pathology license and an audiology license, shall be required to earn 30 clock hours (three CEUs) to renew a license issued for a two-year term. Effective April 30, 2009, a license holder must complete a minimum of 2.0 clock hours (0.2 CEUs) in ethics as part of the continuing education requirement.
(d) When renewing an initial license, the licensee shall submit 10 continuing education hours if the initial license was issued for less than 12 months and 20 continuing education hours if the initial license was issued for more than 12 months. Continuing education hours earned before the original effective date of a license are not acceptable.
(e) Continuing professional education shall be earned in one of the following areas:
(1) basic communication processes;
(2) speech-language pathology;
(3) audiology; or
(4) an area of study related to the areas listed in paragraphs (1) - (3) of this subsection.
(f) Any continuing education activity shall be provided by an approved sponsor with the exception of activities referenced in subsections (g) - (i) of this section. A list of approved sponsors designated by the board shall be made available to all licensees and updated as necessary.
(g) University or college course work completed with a grade of at least a "C" or for credit from an accredited college or university in the areas listed in subsection (e)(1) - (3) of this section shall be approved for 10 continuing education clock hours per semester hour.
(h) University or college course work in a related area or events approved by the American Medical Association (Category I) in a related area as referenced in subsection (e)(4) of this section may be approved if the activity furthers the licensee's knowledge of speech-language pathology or audiology or enhances the licensee's service delivery. A licensee shall complete the board's approved form for prior approval of such events. Partial credit may be awarded.
(i) Earned continuing education hours exceeding the minimum requirement in a previous renewal period shall first be applied to the continuing education requirement for the current renewal period.
(1) A maximum of 10 additional clock hours may be accrued during a license period to be applied to the next consecutive renewal period.
(2) A maximum of 15 additional clock hours may be accrued by dual speech-language pathology and audiology licensees during a license period to be applied to the next consecutive renewal period.
(j) The licensee shall be responsible for maintaining a record of his or her continuing education experiences for a period of at least three years.
(k) Proof of completion of a valid continuing education experience shall include the name of the licensee, the sponsor of the event, the title and date of the event, and the number of continuing education hours earned. Acceptable verification shall be:
(1) a letter or form bearing a valid signature or verification as designated by the approved sponsor;
(2) in the event verification referenced in paragraph (1) of this subsection cannot be obtained, the board may accept verification from the presenter of an approved event if the presenter can also provide proof that the event was acceptable to an approved sponsor;
(3) an original or certified copy of the transcript if earned under subsections (g) - (h) of this section;
(4) a letter or form from the American Medical Association if earned under subsection (h) of this section stating the event was approved for Category I; and
(5) if the continuing education event was earned under subsection (h) of this section, a letter or form from the board office granting prior board approval of the event in addition to documentation listed in paragraphs (3) and (4) of this subsection. If this approval was not obtained, the licensee shall not include the event on the documentation. The licensee shall comply with the requirements set out in subsection (h) of this section and, if approval is granted, add the event to the documentation.
(l) The documentation, certificates, diplomas, or other documentation verifying earning of continuing education hours shall not be forwarded to the board at the time of renewal unless the board selected the licensee for audit.
(m) The audit process shall be as follows.
(1) The board shall select for audit a random sample of licensees for each renewal month. The renewal form shall indicate whether the licensee has been selected for audit.
(2) A licensee selected for audit shall submit documentation defined in subsections (l) and (m) of this section at the time the renewal form and fee are submitted to the board.
(3) Failure to timely furnish this information or providing false information during the audit or renewal process are grounds for disciplinary action against the licensee.
(4) A licensee who is selected for continuing education audit may renew through the online renewal process. However, the license will not be considered renewed until required continuing education documents are received, accepted and approved by the board office.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802207
Kerry Ormson, Ed.D., Au.D.
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: May 18, 2008
Proposal publication date: January 25, 2008
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The adopted amendment is authorized by Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802208
Kerry Ormson, Ed.D., Au.D.
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: May 18, 2008
Proposal publication date: January 25, 2008
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The adopted amendment is authorized by Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802209
Kerry Ormson, Ed.D., Au.D.
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: May 18, 2008
Proposal publication date: January 25, 2008
For further information, please call: (512) 458-7111 x6972
Chapter 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
The Texas State Board of Examiners of Marriage and Family Therapists (board) adopts amendments to §§801.2, 801.17, 801.18, 801.41 - 801.54, 801.72, 801.92, 801.112 - 801.114, 801.142, 801.143, 801.174, 801.201, 801.232, 801.235, 801.236, 801.261 - 801.264, 801.266, 801.291, 801.294, 801.296, 801.297, 801.301, 801.332, and 801.351 and new §801.115 and §801.303, concerning the licensure and regulation of marriage and family therapists. The amendments to §§801.2, 801.42, 801.44, 801.46 - 801.48, 801.142, 801.296, and 801.297 are adopted with changes to the proposed text as published in the February 1, 2008, issue of the Texas Register (33 TexReg 843). Sections 801.17, 801.18, 801.41, 801.43, 801.45, 801.49 - 801.54, 801.72, 801.92, 801.112 - 801.114, 801.143, 801.174, 801.201, 801.232, 801.235, 801.236, 801.261 - 801.264, 801.266, 801.291, 801.294, 801.301, 801.332, and 801.351 and new 801.115 and 801.303 are adopted without changes and, therefore, the sections will not be republished.
BACKGROUND AND PURPOSE
The adopted amendments and new sections are necessary to implement Occupations Code, Chapter 502. The adopted amendments and new rules correct minor errors, improve the rules, and ensure that the rules reflect current legal, policy, and operational considerations.
SECTION BY SECTION SUMMARY
The amendments to §801.2 improve the current definition of accredited institutions to include accredited institutions and programs defined as an institution or program which holds accreditation or candidacy status from an accreditation organization recognized by the Council of Higher Education Accreditation; add a definition of endorsement; expand the definition of a therapist to include a licensed marriage and family therapist associate; and, renumber the section accordingly.
The amendment to §801.17 identifies the licenses for which the board shall prepare and provide a license certificate.
The amendments to §801.18 base the late renewal fees for up to and after 90 days on a percentage of the current license renewal fee, instead of on a percentage of the license examination fee.
The amendment to §801.41 replaces the general word "therapist" with the more specific term "licensee."
The amendments to §801.42 improve language and add parenting coordination, parent education and parent training and life coaching to professional therapeutic services which may be provided by marriage and family therapists and associates.
The amendments to §801.43 clarify language; require licensees to make reasonable efforts to prevent others from making misrepresentations regarding a licensee's professional qualifications and services; and require a licensee to indicate his or her status as a licensed marriage and family therapist or licensed marriage and family therapist associate when providing professional services.
The amendments to §801.44 improve language; require licensees to provide professional services only in the context of a professional relationship; require licensees to obtain appropriate consent for treatment before providing services and make reasonable efforts to determine whether the conservatorship, guardianship or parental rights of the client has been modified by a court; require licensees to make known to a prospective client the confidential nature of the client's disclosures and the clinical record, including the legal limitations of the client's confidentiality; specify that a reasonable effort should be made to avoid dual relationships and that licensees have the responsibility to ensure the welfare of the client if a dual relationship arises; require that licensees shall only offer those services that are within his or her professional competency, and the services provided shall be within accepted professional standards of practice and appropriate to the needs of the client; require licensees to base all services on an assessment, evaluation or diagnosis of the client; require licensees to evaluate a client's progress on a continuing basis to guide service delivery and to make use of supervision and consultation as indicated by the client's needs; and require licensees to not promote or encourage the illegal use of alcohol or drugs by clients.
The amendments to §801.45 improve language and replace the current list of examples of sexual contact with a reference to and inclusion of behaviors described in the Texas Penal Code, §21.01.
The amendments to §801.46 specifies that a licensee shall not administer and interpret any test without the appropriate training and experience to administer and interpret the test and replaces the general term "therapist" with the more specific term "licensee."
The amendments to §§801.50, 801.52, 801.54, 801.201, 801.232, 801.236, 801.261, 801.262, and 801.291 replace the general term "therapist" with the more specific term "licensee."
The amendments to §801.47 improve language and specify prohibitions against licensees' use of illegal drugs and alcohol.
The amendments to §801.48 improve language; specifies licensees' responsibilities concerning record keeping, maintaining confidentiality and the appropriate release of client records to authorized persons and reporting of client information required by Texas statutes; clarify what client records must include; clarify that client records are to be maintained for a minimum of 5 years for an adult client and for 5 years beyond the age of 18 for a minor client; and to specify that a licensee in independent practice must establish a plan for custody and control of the licensee's client's mental health records in the event of death, incapacity, or termination of services of the licensee; and require the reporting of sexual exploitation of a client by another licensee.
The amendments to §801.49 improve language and requires licensees to report changes in home or business addresses or telephone numbers and the granting of an academic degree relevant to the practice of marriage and family therapy to the board within 30 days of the change.
The amendments to §801.51 allow licensees to provide clients with mandatory information about where to file complaints by placing the information on a client registration form.
The amendments to §801.53 improve language; specify that licensees may not use information in advertising and announcements that is false, misleading, deceptive, inaccurate, incomplete, out of context, or not readily verifiable, and provide a list of types of such advertising; and require provisional licensees to indicate that status on all advertisements.
The amendments to §801.72 improve language and specify that an application that is not completed one year past the date an application is opened is voided.
The amendments to §801.92 improve language and add a criminal conviction per §801.332 as a basis for denial of a license.
The amendments to §801.112 improve language; provide specifics regarding degrees that meet the academic requirements for licensure, subject to board review of the applicant's practicum if the degree in marriage and family therapy is not from a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE) and course equivalency review if a degree is in a related field; and require that degrees and coursework received at foreign universities is acceptable only if the degree conferred and coursework has been determined by a member of the National Association of Credential Evaluation Services (NACES) to be equivalent to a degree conferred by or coursework completed in an accredited institution or program.
The amendments to §801.113 improve language and provide examples of degrees in a related mental health field.
The amendments to §801.114 clarify the length of a supervised clinical practicum.
New §801.115 provides for substitution of licensed experience as a marriage and family therapist in another jurisdiction for having met the academic qualifications for licensure, including the practicum within certain parameters.
The amendments to §801.142 improve language; provide that up to 500 hours of supervised clinical experience accrued in a practicum in a doctoral program accredited by the Commission for Accreditation of Marriage and Family Therapy Education may be applied toward the 3,000 hour supervised clinical experience requirement for licensure as a Marriage and Family Therapist; provide that up to 50 hours of the 200 hours of supervision may occur via electronic media; provide that supervision and supervised clinical experience completed in another jurisdiction is accepted by endorsement only; provide for a substitution of licensed experience in another jurisdiction for supervised clinical experience; and renumber the section accordingly.
The amendments to §801.143 improve language and reorder the section.
The amendment to §801.174 specifies that the board shall accept the national licensure examination administered by the Association of Marital and Family Therapy Regulatory Boards (AMFTRB) or the State of California marriage and family therapy licensure examination.
Amendments to §801.235 define the amount of the fee for renewing a license late.
The amendments to §801.263 improve language and specify that a licensed marriage and family therapist associate is required to complete 15 hours of continuing education, including 6 hours of ethics per renewal period.
The amendments to §801.264 replace the general term "therapist" with the more specific term "licensee" and correct the name of the Texas Association for Marriage and Family Therapy.
The amendments to §801.266 improve language; remove continuing education for participation in supervision as a licensed marriage and family therapist associate; and renumber the section accordingly.
The amendments to §801.294 improve language.
The amendments to §801.296 improve language to reflect current legal, policy and operational procedures regarding complaint procedures and establish time limits for filing complaints.
The amendments to §801.297 specify that the board may impose monitoring of a licensee who may pose a potential threat to public health or safety as a condition of initial licensure and impose conditions that are not considered to be a formal disciplinary action.
The amendment to §801.301 improves language.
New §801.303 specifies that the board may resolve pending complaints by issuance of formal advisory letters that are not considered to be disciplinary actions and which do not entitle a licensee to a formal hearing; however the licensee may submit a written response to be included in the licensing record.
The amendments to §801.332 replace the general term "therapist" with the more specific term "licensee" and add other clarifying changes.
The amendments to §801.351 allow the complainant and others present at the request of the complainant, members of the board, the licensee or applicant, the licensee or applicant's attorney, and board staff to remain for all portions of an informal conference, except during consultation between the board members, staff and the board's legal counsel and at the discretion of the board and allow witnesses other than the complainant to be present only during their testimony.
COMMENTS
The board has reviewed and prepared responses to the comments received regarding the proposed rules during the comment period. The commenters were six individuals, three associations and/or groups, and two board members including the following: Licensees of the board, representatives of the Texas Association for Marriage and Family Therapy, the Texas Medical Association, and members of the board. The commenters were not against the rules in their entirety; however, the commenters suggested recommendations for change as discussed in the summary of comments. Commenters were generally in favor of the rules.
Comment: Concerning §801.42(19), the commenter indicated agreement with the inclusion of parenting coordination in the scope of practice of a marriage and family therapist but requested that the board consider using the terms "parenting coordinator" and "parenting coordinating" in rule to match the language of the statute, citing the difference in the terms. The commenter also indicated that the appropriate reference to statute is Subchapter K of Chapter 153 of the Texas Family Code instead of the proposed Subchapter J.
Response: The board agreed with the comment and amended the language in §801.42(19) accordingly.
Comment: Concerning §801.43(b), the commenter indicated that the language the states "a licensee shall not make any exaggerated claims" may be a little broad.
Response: The board disagreed with the comment and clarified that the requirement was previously in the rule at former §801.43(c). No change was made as a result of the comment.
Comment: Concerning §801.43(e), which requires new licensees to "make reasonable efforts to prevent others from misrepresenting the marriage and family therapists services," one commenter indicated that the term "reasonable" is not defined and it would be left up to the board to define what efforts are "reasonable." The commenter posed questions related to how the board would determine whether "reasonable efforts were made. Another commenter indicated that the topic is appropriate for inclusion in discussions of ethical behavior, but that it was not needed in "standing statute." The commenter also indicated that other mental health professionals do not have such a "legislated mandate."
Response: The board disagreed with the comments. The board responded that reasonable efforts could be determined by the board and noted that other mental health boards do have such a requirement. No change was made as a result of the comments.
Comment: Concerning §801.44(i), the commenter indicated that the proposed language, "dual relationships are to be avoided," does not address the reality of small town or rural life, nor does it address cultural differences. The commenter supported maintenance of appropriate boundaries and expressed that previous language provided for that. The commenter indicated that the proposed language opened an ethical "slippery slope."
Response: The board agreed in part with the comment. The reality is that dual relationships do exist in small communities; they can also occur in large communities. Proposed language was amended to require licensees to make a reasonable effort to avoid dual relationships.
Comment: Concerning §801.44(l), the commenter indicated that the Texas State Board of Examiners of Professional Counselors adopted rules requiring a Licensed Professional Counselor to maintain records a minimum of five years for all clients and encouraged the board to adopt similar language.
Response: The board noted that rule was not open to substantive change because it was not proposed for change. The board will consider the comment in a future rule change process. No change was made as a result of the comment.
Comment: Concerning §801.44(p), two commenters indicated disagreement with restricting marriage and family therapists from borrowing from or lending money or other items of value to clients because of cultural considerations, because to the therapeutic value for a client, because the rule does not address the extent of the value of potential items that might be borrowed or loaned, such as bus fare, band aids, or tissue paper, and because the rule prohibits the use of sound clinical judgment in regard to circumstances when it would be clinically appropriate.
Response: The board agreed with the comments and deleted the proposed §810.44(p) and relettered subsections "(q) - (t)" as "(p) - (s)."
Comment: Concerning proposed §801.44(r) and (s), relettered as (p) and (q), one commenter indicated disagreement with the inclusion of the rules because it is not necessarily consistent with all theoretical orientations and may be misconstrued by changing boards and committees. The commenter questioned how terms would be defined and how compliance would be determined.
Concerning §801.44(r), the Texas Medical Association urged the removal of the word diagnosis from the rules. The commenter argues that under the Occupations Code only physicians can diagnose medical conditions and that the practice of medicine is defined in part at Occupations Code, §151.002(a)(13), as "the diagnosis, treatment or offer to treat a mental or physical disease or disorder...by any system or method..." Diagnosis is beyond the scope of the practice of marriage and family therapy, which is defined as, "...applying family systems theories and techniques" including "the evaluation and remediation of cognitive, affective, behavioral, or relational dysfunction in the context of marriage or family systems."
Response: The board disagreed with the comments. One meaning of diagnosis, from Webster's New Collegiate Dictionary, is "Investigation or analysis of the cause or nature of a condition, situation, or problem." This is essentially the same meaning as the word evaluation as used in the definition of marriage and family therapy. The meaning is clear and enables an accurate determination of compliance with the act. Nothing in the Occupations Code exclusively reserves the term diagnosis to the practice of medicine.
The inclusion of the term "diagnosis" in §801.44(r) does not expand the scope of practice of marriage and family therapy into the practice of medicine, but accurately reflects the scope of practice of marriage and family therapy. No change was made as a result of the comments.
Comment: Concerning §801.47(3), one commenter indicated that the reason and purpose of the rule is not understood, that it seems to imply that licensees have encouraged the behavior, and that it comes close to crossing the line of therapeutic process into legal context.
Response: The board agreed in part with the comments and deleted proposed §810.47(3).
Comment: Concerning §801.48(e), two commenters indicated disagreement with the requirement to maintain client records for five years beyond the age of 18 for a minor. Reasons cited for the disagreement with the rules included the standards for a licensed professional counselor does not carry the provision for minors, that records storage can be up to 23 years of age depending on the age of the client and that record storage is problematic in terms of space, and the effect of time on paper documents.
Response: The board disagreed with the comments because it is important for minors receiving treatment to have access to their client records for at least five years after reaching the age of eighteen. No change was made as a result of the comments.
Comment: Concerning §801.48(h), one commenter indicated agreement with the standards regarding sexual misconduct but was uncertain of the meaning of the phrase, "therapeutic deception" and believed that further clarification is warranted. Two commenters stated that the timeframe in the proposed rule for reporting sexual misconduct is different than the requirement for Licensed Professional Counselors and encouraged the board to choose a reasonable timeframe considering the requirements of a licensee to comply with the rule.
Response: The board disagreed with the comment that further clarification is warranted regarding the meaning of the phrase, "therapeutic deception" because "therapeutic deception" is defined in existing rule in §801.45(a)(4). The board agreed with the comments that the board choose a reasonable timeframe for reporting sexual misconduct by another licensee or mental health service provider. The board adopted a change to §801.48(h) by setting a timeframe of thirty days, consistent with the provisions of the Texas Civil Practices and Remedies Code, Chapter 81.
Comment: Concerning §801.49(c), that requires licensees to report changes in home or business, address or phone number, employment setting, or other relevant changes to the board in writing within 30 days of the change, one commenter commented that the board should not require the reporting of home addresses and phone numbers and cited safety reasons for the need for licensees to keep their home addresses and phone numbers confidential, not available on a public web site, and not on file with the board and thus subject to disclosure under the public information act. The commenter also expressed concern that her home address and phone number is on the board public roster of licensees on the website. The commenter also indicated that the language in the rule would require a licensee who provides services (consultant, speaker, group facilitator, etc.) in multiple settings to report each setting or location where work was performed to the board within 30 days. The commenter suggested that the rule be rephrased to state that changes in a licensee's "primary marriage and family therapist employment or practice setting" must be reported to the board within 30 days.
Response: The board disagreed with the comment. The Department of State Health Services (department), which provides administrative support for the board, has a standard practice of collecting the home addresses and phone numbers and business addresses and phone numbers upon initial application for licensure and requiring the update of such information as it changes. This practice is consistent with most licensing authorities. The board does publish a roster of its licensees on the web site. The roster does display either the home or business address and phone number. A licensee may contact the board to choose the option. There is a business need to maintain both sets of information for each licensee for the purposes of communication and possible investigation of complaints. A licensee's home addresses and phone numbers and business addresses and phone numbers are subject to disclosure under public information law. No change was made as a result of the comment.
Comment: Concerning §801.53(a) and (b), one commenter indicated that the requirement that advertising and announcements in subsection (a) may not include information that is not readily verifiable is unclear in terms of what readily verifiable means and for whom information must be readily verifiable. The commenter indicated that the language clouds language prohibiting misrepresentation. The commenter indicated that the language in subsection (b) is long and questioned whether the board was dealing with a lot of cases involving misrepresentation.
Response: The board disagreed with the comments because information contained in advertising and announcements should be readily verifiable. In the event of a complaint, the board would evaluate whether information is readily verifiable. No change was made as a result of the comment.
Comment: Concerning §801.114(7), one commenter indicated that language should be added to require a minimum of 50% of case contact in the practicum/internship(s) be with couples and families and to set a minimum of 250 total client contact hours during the practicum/internship(s).
Response: The board noted that rule was not open to substantive change because it was not proposed for change. The board will consider the comment in a future rule change process. No change was made as a result of the comment.
Comment: Concerning §801.115(2) and (3), one commenter noted that paragraph (2) applies to marriage and family therapists licensed in another state for less than five years while paragraph (3) applies to marriage and family therapists licensed less than five years. And asked why the two sections have differing requirements of marriage and family therapists.
Response: The board noted that §801.115(2) applies to applicants licensed as Licensed Marriage and Family Therapists in another United States jurisdiction and §801.115(3) applies to applicants licensed as Licensed Marriage and Family Therapists Associate in another United States jurisdiction. No change was made as a result of the comment.
Comment: Concerning §801.142, one commenter noted that the section discusses applicants who have been licensed in another state for 5 consecutive years before the application and those marriage and family therapists who have been licensed for at least 5 years in another state but are currently not licensed. The commenter did not see any reference to marriage and family therapists licensed in another state for less than five years.
Response: The board noted that there is no reference to applicants who were licensed for less than five years in another United States jurisdiction because applicants who were licensed for less than five years in another United States jurisdiction must fully meet the experience requirements for licensure as a licensed marriage and family Therapist. No change was made as a result of the comment.
Comment: Concerning §801.297, one commenter noted that the section is problematic. The commenter stated that if a person is a "potential threat to the public health or safety," then the board should consider taking action against the licensee pursuant to the current rules. The commenter stated that the word "potential threat" is too broad. The commenter stated that if the board believed someone is a potential threat, then the Department staff should open a complaint pursuant to §801.296 and that §801.291 and §801.296 should be adequate to take care of any threats to public safety. Another commenter expressed concern with the addition (under monitoring of licensees) of monitoring of a licensee without a formal complaint and that the process sounded like a witch hunt of a licensee without a formal complaint to justify the monitoring. The commenter also stated that the word "potential" is too broad.
Response: The board agreed in part with the comment. The monitoring provision is included to allow or a process for the board to review the suitability of an applicant for a license when the applicant presents with a criminal history, a history of discipline from another licensing board, a history of malpractice judgments against them or other similar histories that are required to be evaluated by the board. The monitoring provision is made available as a possible alternative to denial of a license to an applicant. The board agreed to use the formal complaints process when it becomes aware of such circumstances regarding current licensees. The board amended §801.297(e) to remove the availability of the process for current licensees and clarified that the monitoring is available as an alternative to the denial of a license.
BOARD COMMENTS
Comment: Concerning §801.46(c), one board member commented that the words, "and interpret the test" should be added to the rule. The rule states that a licensee shall not administer any test without the appropriate training and experience to administer the test.
Response: The board agreed with the comments and added the words "and interpret" before the words "any test" and "the test" in §810.46(c).
Comment: Concerning §801.142(1) and (1)(A)(i), a board member indicated that a doctoral program approved by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE) requires a minimum of 500 hours of supervised clinical experience based on standards that meet or exceed the supervised clinical experience and supervisor requirements of the board. The board member requested that language be added to §801.142(1) and (1)(A)(i) to allow that of the 3,000 hours of the supervised clinical experience requirement for licensure as a Licensed Marriage and Family Therapist that no more than 500 hours may be transferred from a COAMFTE approved doctoral program.
Response: The board agreed with the comment and amended §801.142(1) and (1)(A)(i) accordingly.
Change: The legal cite for the Federal Tax Regulations was revised and updated in §801.2(26)(A), and minor grammatical corrections were included to clarify the rule text in §801.296(a) and (l)(3) due to board staff comments.
Subchapter A. INTRODUCTION
STATUTORY AUTHORITY
The adopted amendment is authorized by Occupations Code, §502.104, which requires the board to develop policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and staff of the Department; by Occupations Code, §502.151, which authorizes the board to adopt rules necessary to determine the qualifications and fitness of a license applicant and to establish standards of conduct and ethics for license holders; by Occupations Code, §502.152, which authorizes the board to adopt rules establishing the board's procedures; by Occupations Code, §502.153, which authorizes the board to set fees; by Occupations Code, §502.204, which authorizes the board to adopt rules concerning the investigation of a complaint filed with the board; by Occupations Code, §502.303, which requires the board to establish mandatory continuing education requirements for license holders; and, by Occupations Code, §502.353, which requires the board to adopt procedures regard an informal proceeding held in compliance with Government Code, §2001.056. Review of the section implements Government Code, §2001.039.
§801.2.Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context indicates otherwise.
(1) Accredited institutions or programs--An institution or program which holds accreditation or candidacy status from an accreditation organization recognized by the Council for Higher Education Accreditation (CHEA) or the California Bureau for Private Postsecondary and Vocational Education.
(2) Act--The Licensed Marriage and Family Therapist Act relating to the licensing and regulation of marriage and family therapists, Occupations Code, Chapter 502.
(3) Administrative Law Judge (ALJ)--A person within the State Office of Administrative Hearings who conducts hearings under this subchapter on behalf of the Board.
(4) APA--The Administrative Procedure Act, Texas Government Code, Chapter 2001.
(5) Associate--A licensed marriage and family therapist associate.
(6) Board--The Texas State Board of Examiners of Marriage and Family Therapists.
(7) Client--An individual, family, couple, group, or organization who receives services from a person identified as a marriage and family therapist who is either licensed or unlicensed by the board.
(8) Completed application--The official marriage and family therapy application form, fees and all supporting documentation which meets the criteria set out in §801.73 of this title (relating to Required Application Materials).
(9) Contested case--A proceeding in accordance with the APA and this chapter, including, but not limited to, rule enforcement and licensing, in which the legal rights, duties, or privileges of a party are to be determined by the board after an opportunity for an adjudicative hearing.
(10) Department--The Texas Department of State Health Services.
(11) Endorsement--The process whereby the board reviews requirements for licensure completed while under the jurisdiction of a different marriage and family therapy regulatory board from another state. The board may accept, deny or grant partial credit for requirements completed in a different jurisdiction.
(12) Family systems--An open, on-going, goal-seeking, self-regulating, social system which shares features of all such systems. Certain features such as its unique structuring of gender, race, nationality and generation set it apart from other social systems. Each individual family system is shaped by its own particular structural features (size, complexity, composition, life stage), the psychobiological characteristics of its individual members (age, race, nationality, gender, fertility, health and temperament) and its socio-cultural and historic position in its larger environment.
(13) Formal hearing--A hearing or proceeding in accordance with this chapter, including a contested case as defined in this section to address the issues of a contested case.
(14) Group supervision--Supervision that involves a minimum of three and no more than six marriage and family supervisees or associates in a clinical setting during the supervision hour. A supervision hour is forty-five minutes.
(15) Individual supervision--Supervision of no more than two marriage and family therapy supervisees or associates in a clinical setting during the supervision hour. A supervision hour is forty-five minutes.
(16) Investigator--A professional complaint investigator employed by the Department of State Health Services.
(17) License--A marriage and family therapist license, a marriage and family therapist associate license, or a provisional marriage and family therapist license.
(18) Licensed marriage and family therapist--An individual who offers to provide marriage and family therapy for compensation.
(19) Licensee--Any person licensed by the Texas State Board of Examiners of Marriage and Family Therapists.
(20) Licensed marriage and family therapist associate--An individual who offers to provide marriage and family therapy for compensation under the supervision of a board-approved supervisor.
(21) Marriage and family therapy--The rendering of professional therapeutic services to clients, singly or in groups, and involves the professional application of family systems theories and techniques in the delivery of therapeutic services to those persons. The term includes the evaluation and remediation of cognitive, affective, behavioral, or relational dysfunction or processes.
(22) Month--A calendar month.
(23) Party--Each person, governmental agency, or officer or employee of a governmental agency named by the Administrative Law Judge (ALJ) as having a justiciable interest in the matter being considered, or any person, governmental agency, or officer or employee of a governmental agency meeting the requirements of a party as prescribed by applicable law.
(24) Person--An individual, corporation, partnership, or other legal entity.
(25) Pleading--Any written allegation filed by a party concerning its claim or position.
(26) Recognized religious practitioner--A rabbi, clergyman, or person of similar status who is a member in good standing of and accountable to a legally recognized denomination or legally recognizable religious denomination or legally recognizable religious organization and other individuals participating with them in pastoral counseling if:
(A) the therapy activities are within the scope of the performance of their regular or specialized ministerial duties and are performed under the auspices of sponsorship of an established and legally cognizable church, denomination or sect, or an integrated auxiliary of a church as defined in Federal Tax Regulations, 26, Code of Federal Regulation 1.6033-2, subsection (h) (as in effect in 2008);
(B) the individual providing the service remains accountable to the established authority of that church, denomination, sect, or integrated auxiliary; and
(C) the person does not use the title of or hold himself or herself out as a licensed marriage and family therapist.
(27) Supervision--The guidance or management in the provision of clinical services.
(28) Supervisor--A person meeting the requirements set out in §801.143 of this title (relating to Supervisor Requirements), to supervise an associate and/or marriage and family therapist.
(29) Texas Open Meetings Act--Government Code, Chapter 551.
(30) Texas Public Information Act--Government Code, Chapter 552.
(31) Therapist--For the purposes of this chapter, a Texas licensed marriage and family therapist or a Texas licensed marriage and family therapist associate.
(32) Waiver--The suspension of educational, professional, and/or examination requirements for applicants who meet the criteria for licensure under special conditions.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802224
Waymon Hinson, Ph.D.
Chair
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: May 18, 2008
Proposal publication date: February 1, 2008
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The adopted amendments are authorized by Occupations Code, §502.104, which requires the board to develop policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and staff of the Department; by Occupations Code, §502.151, which authorizes the board to adopt rules necessary to determine the qualifications and fitness of a license applicant and to establish standards of conduct and ethics for license holders; by Occupations Code, §502.152, which authorizes the board to adopt rules establishing the board's procedures; by Occupations Code, §502.153, which authorizes the board to set fees; by Occupations Code, §502.204, which authorizes the board to adopt rules concerning the investigation of a complaint filed with the board; by Occupations Code, §502.303, which requires the board to establish mandatory continuing education requirements for license holders; and, by Occupations Code, §502.353, which requires the board to adopt procedures regard an informal proceeding held in compliance with Government Code, §2001.056. Review of the sections implements Government Code, §2001.039.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802211
Waymon Hinson, Ph.D.
Chair
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: May 18, 2008
Proposal publication date: February 1, 2008
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The adopted amendments are authorized by Occupations Code, §502.104, which requires the board to develop policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and staff of the Department; by Occupations Code, §502.151, which authorizes the board to adopt rules necessary to determine the qualifications and fitness of a license applicant and to establish standards of conduct and ethics for license holders; by Occupations Code, §502.152, which authorizes the board to adopt rules establishing the board's procedures; by Occupations Code, §502.153, which authorizes the board to set fees; by Occupations Code, §502.204, which authorizes the board to adopt rules concerning the investigation of a complaint filed with the board; by Occupations Code, §502.303, which requires the board to establish mandatory continuing education requirements for license holders; and, by Occupations Code, §502.353, which requires the board to adopt procedures regard an informal proceeding held in compliance with Government Code, §2001.056. Review of the sections implements Government Code, §2001.039.
§801.42.Professional Therapeutic Services.
The following are professional therapeutic services which may be provided by a Licensed Marriage and Family Therapist or a Licensed Marriage and Family Therapist Associate:
(1) marriage therapy which utilizes systems, methods, and processes which include interpersonal, cognitive, cognitive-behavioral, developmental, psychodynamic, and affective methods and strategies to achieve resolution of problems associated with cohabitation and interdependence of adults living as couples through the changing marriage life cycle. These family system approaches assist in stabilizing and alleviating mental, emotional, or behavioral dysfunctions of either partner;
(2) sex therapy which utilizes systems, methods, and processes which include interpersonal, cognitive, cognitive-behavioral, developmental, psychodynamic, and affective methods and strategies in the resolution of sexual disorders;
(3) family therapy which utilizes systems, methods, and processes which include interpersonal, cognitive, cognitive-behavioral, developmental, psychodynamic, affective, and family systems methods and strategies with families to achieve mental, emotional, physical, moral, educational, spiritual, and career development and adjustment through the changing family life cycle. These family system approaches assist in stabilizing and alleviating mental, emotional, or behavioral dysfunctions of a family member;
(4) child therapy which utilizes systems methods and processes which include interpersonal, cognitive, cognitive-behavioral, developmental, psychodynamic, affective and family systems methods and strategies with families to achieve mental, emotional, physical, moral, educational, spiritual, and career development and adjustment through the changing family life cycle. These family system approaches assist in stabilizing and alleviating mental, emotional, or behavioral dysfunctions of a child;
(5) play therapy which utilizes systems, methods, and processes which include play and play media as the child's natural medium of self-expression, and verbal tracking of the child's play behaviors as part of the therapist's role in helping children overcome their social, emotional, and mental problems;
(6) individual psychotherapy which utilizes systems, methods, and processes which include interpersonal, cognitive, cognitive-behavioral, developmental, psychodynamic, affective and family systems methods and strategies to achieve mental, emotional, physical, social, moral, educational, spiritual, and career development and adjustment through the developmental life span. These family system approaches assist in stabilizing and alleviating mental, emotional or behavioral dysfunctions in an individual;
(7) divorce therapy which utilizes systems, methods, and processes which include interpersonal, cognitive, cognitive behavioral, developmental, psychodynamic, affective and family system methods and strategies with families to achieve mental, emotional, physical, moral, educational, spiritual, and career development and adjustment through the changing family life cycle. These family system approaches assist in stabilizing and alleviating mental, emotional, or behavioral dysfunctions of the partners;
(8) mediation which utilizes systems, methods, and processes to facilitate resolution of disputes between two or more dissenting parties, including but not limited to any issues in divorce settlements, parenting plan modifications, parent-child conflicts, pre-marital agreements, workplace conflicts, and estate settlements. Mediation involves specialized therapeutic skills that foster cooperative problem solving, stabilization of relationships, and amicable agreements. Court appointed mediation requires specialized training period;
(9) group therapy which utilizes systems methods and processes which include interpersonal, cognitive, cognitive-behavioral, developmental, psychodynamic, and affective methods and strategies to achieve mental, emotional, physical, moral, educational, spiritual, and career development and adjustment throughout the life span;
(10) chemical dependency therapy which utilizes systems methods and processes which include interpersonal, cognitive, cognitive-behavioral, developmental, psychodynamic, affective methods and strategies, and 12-step methods to promote the healing of the client;
(11) rehabilitation therapy which utilizes systems methods and processes which include interpersonal, cognitive, cognitive-behavioral, developmental, psychodynamic, and affective methods and strategies to achieve adjustment to a disabling condition and to reintegrate the individual into the mainstream of society;
(12) referral services which utilizes systems methods and processes which include evaluating and identifying needs of clients to determine the advisability of referral to other specialists, and informing the client of such judgment and communicating as requested or deemed appropriate to such referral sources. This includes social studies and family assessments of the individual within the family;
(13) diagnostic assessment which utilizes the knowledge organized in the Diagnostic and Statistical Manual of Mental Disorders (DSM) as well as the International Classification of Diseases (ICD) as part of their therapeutic role to help individuals identify their emotional, mental, and behavioral problems when necessary;
(14) psychotherapy which utilizes systems methods and processes which include interpersonal, cognitive, cognitive-behavioral, developmental, psychodynamic, and affective methods and strategies to assist clients in their efforts to recover from mental or emotional illness;
(15) hypnotherapy which utilizes systems methods and processes which include the principles of hypnosis and post-hypnotic suggestion in the treatment of mental and emotional disorders and addictions;
(16) biofeedback which utilizes systems methods and processes which include electronic equipment to monitor and provide feedback regarding the individual's physiological responses to stress. The therapist who uses biofeedback must be able to prove academic preparation and supervision in the use of the equipment as a part of the therapist's academic program or the substantial equivalent provided through continuing education;
(17) assessment and appraisal which utilizes systems methods and processes which include formal and informal instruments and procedures, for which the therapist has received appropriate training and supervision in individual and group settings for the purposes of determining the client's strengths and weaknesses, mental condition, emotional stability, intellectual ability, interests, aptitudes, achievement level and other personal characteristics for a better understanding of human behavior, and for diagnosing mental problems;
(18) consultation which utilizes systems, methods, and processes which include the application of specific principles and procedures in consulting to provide assistance in understanding and solving current or potential problems that the consultee may have in relation to a third party, whether individuals, groups, or organizations;
(19) activities under the Texas Family Code, Chapter 153, Subchapter K, pertaining to parenting plan and parenting coordinator;
(20) parent education and parent training including advice, counseling, or instructions to parents or children;
(21) life coaching; and any related techniques or modalities; and
(22) any other related services provided by a licensee.
§801.44.Relationships with Clients.
(a) A licensee shall provide marriage and family therapy professional services only in the context of a professional relationship.
(b) A licensee shall make known to a prospective client the important aspects of the professional relationship, including but not limited, to the licensee's status as a Licensed Marriage and Family Therapist, including any probationary status or other restrictions placed on the licensee by the board, office procedures, after-hours coverage, fees, and arrangements for payment (which might affect the client's decision to enter into the relationship).
(c) A licensee shall obtain an appropriate consent for treatment before providing professional services. A licensee shall make reasonable efforts to determine whether the conservatorship, guardianship, or parental rights of the client have been modified by a court.
(d) A licensee shall make known to a prospective client the confidential nature of the client's disclosures and the clinical record, including the legal limitations of the confidentiality of the mental health record and information.
(e) No commission or rebate or any other form of remuneration shall be given or received by a licensee for the referral of clients for professional services.
(f) A licensee shall not use relationships with clients to promote, for personal gain or for the profit of an agency, commercial enterprises of any kind.
(g) A licensee shall not engage in activities that seek to meet the licensee's personal needs instead of the needs of the client.
(h) A licensee shall not provide marriage and family therapy services to family members, personal friends, educational associates, business associates, or others whose welfare might be jeopardized by such a dual relationship.
(i) A licensee shall set and maintain professional boundaries. A licensee shall make a reasonable effort to avoid dual relationships. A dual relationship is considered any non-therapeutic activity initiated by either the licensee or the client for the purposes of establishing a non-therapeutic relationship. It is the responsibility of the licensee to ensure the welfare of the client if a dual relationship arises.
(j) A licensee may disclose confidential information to medical or law enforcement personnel if the licensee determines that there is a probability of imminent physical injury by the client to the client or others or there is a probability of immediate mental or emotional injury to the client.
(k) In group therapy settings, the licensee shall take reasonable precautions to protect individuals from physical or emotional trauma resulting from interaction within the group.
(l) A licensee shall keep accurate records of therapeutic services to include, but not be limited to, dates of services, types of services, progress or case notes, and billing information for a minimum of five years for an adult client and 5 years beyond the age of 18 years of age for a minor.
(m) A licensee shall bill clients or third parties for only those services actually rendered or as agreed to by mutual understanding at the beginning of services or as later modified by mutual agreement.
(n) A licensee shall terminate a professional relationship when it is reasonably clear that the client is not benefiting from it. Upon termination, if the client still requires mental health services, the licensee shall make reasonable efforts in writing to refer the client to appropriate services.
(o) A licensee who engages in interactive therapy via the telephone or internet must provide the client with his/her license number and information on how to contact the board by telephone or mail, and must adhere to all other provisions of this chapter.
(p) A licensee shall only offer those services that are within his or her professional competency, and the services provided shall be within accepted professional standards of practice and appropriate to the needs of the client.
(q) A licensee shall base all services on an assessment, evaluation, or diagnosis of the client.
(r) A licensee shall evaluate a client's progress on a continuing basis to guide service delivery and will make use of supervision and consultation as indicated by the client's needs.
(s) A licensee shall not promote or encourage the illegal use of alcohol or drugs by clients.
§801.46.Testing.
(a) A licensee shall make known to clients the purposes and explicit use to be made of any testing done as part of a professional relationship.
(b) A licensee shall not appropriate, reproduce, or modify published tests or parts thereof without the acknowledgment and permission of the publisher.
(c) A licensee shall not administer and interpret any test without the appropriate training and experience to administer and interpret the test.
(d) A licensee must observe the necessary precautions to maintain the security of any test administered by the licensee or under the licensee's supervision.
§801.47.Drug and Alcohol Use.
A licensee shall not:
(1) use alcohol or drugs in a manner which adversely affects the licensee's ability to provide treatment intervention services; or
(2) use illegal drugs of any kind.
§801.48.Record Keeping, Confidentiality and Release of Records, and Required Reporting.
(a) Communication between a licensee and client and the client's records, however created or stored, are confidential under the provisions of the Texas Health and Safety Code, Chapter 611, and other state or federal statutes or rules where such statutes or rules apply to a licensee's practice.
(b) A licensee shall not disclose any communication, record, or identity of a client except as provided in Texas Health and Safety Code, Chapter 611, or other state or federal statutes or rules.
(c) A licensee shall comply with Texas Health and Safety Code, Chapter 611, and other state or federal statutes or rules where such statutes or rules apply to a licensee's practice, concerning access to and release of mental health records and confidential information.
(d) A licensee shall report information if required by any of the following statutes:
(1) Texas Family Code, Chapter 2614, concerning abuse or neglect of minors;
(2) Texas Human Resources Code, Chapter 48, concerning abuse, neglect, or exploitation of elderly or disabled persons;
(3) Texas Health and Safety Code, Chapter 161, Subchapter K, §161.131 et seq., concerning abuse, neglect, and illegal, unprofessional, or unethical conduct in an in-patient mental health facility, a chemical dependency treatment facility or a hospital providing comprehensive medical rehabilitation services; and
(4) Texas Civil Practice and Remedies Code, §81.006, concerning sexual exploitation by a mental health services provider.
(5) A licensee shall comply with Occupations Code, Chapter 109, relating to the release and exchange of information concerning the treatment of a sex offender.
(e) A licensee shall keep accurate records of therapeutic services to include, but not be limited to, dates of services, types of services, progress or case notes and billing information for a minimum of 5 years for an adult client and 5 years beyond the age of 18 for a minor.
(f) A licensee shall retain and dispose of client records in such a way that confidentiality is maintained.
(g) In independent practice, establish a plan for the custody and control of the licensee's client mental health records in the event of the licensee's death or incapacity, or the termination of the licensee's professional services.
(h) A licensee shall report sexual misconduct as follows.
(1) In addition to the requirements under subsection (d) of this section, if a licensee has reasonable cause to suspect that a client has been the victim of a sexual exploitation, sexual contact, or therapeutic deception by another licensee or a mental health services provider during therapy or any other course of treatment, or if a client alleges sexual exploitation, sexual contact, or therapeutic deception by another licensee or mental health services provider (during therapy or any other course of treatment), the licensee shall report alleged misconduct not later than the 30th day after the date the licensee became aware of the misconduct or the allegations to:
(A) the district attorney in the county in which the alleged sexual exploitation, sexual contact, or therapeutic deception occurred;
(B) the board if the misconduct involves a licensee; and
(C) any other state licensing agency which licenses the mental health services provider.
(2) Before making a report under this subsection, the reporter shall inform the alleged victim of the reporter's duty to report and shall determine if the alleged victim wants to remain anonymous.
(3) A report under this subsection need contain only the information needed to:
(A) identify the reporter;
(B) identify the alleged victim, unless the alleged victim has requested anonymity;
(C) express suspicion that sexual exploitation, sexual contact, or therapeutic deception occurred; and
(D) provide the name of the alleged perpetrator.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802212
Waymon Hinson, Ph.D.
Chair
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: May 18, 2008
Proposal publication date: February 1, 2008
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The adopted amendment is authorized by Occupations Code, §502.104, which requires the board to develop policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and staff of the Department; by Occupations Code, §502.151, which authorizes the board to adopt rules necessary to determine the qualifications and fitness of a license applicant and to establish standards of conduct and ethics for license holders; by Occupations Code, §502.152, which authorizes the board to adopt rules establishing the board's procedures; by Occupations Code, §502.153, which authorizes the board to set fees; by Occupations Code, §502.204, which authorizes the board to adopt rules concerning the investigation of a complaint filed with the board; by Occupations Code, §502.303, which requires the board to establish mandatory continuing education requirements for license holders; and, by Occupations Code, §502.353, which requires the board to adopt procedures regard an informal proceeding held in compliance with Government Code, §2001.056. Review of the section implements Government Code, §2001.039.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802213
Waymon Hinson, Ph.D.
Chair
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: May 18, 2008
Proposal publication date: February 1, 2008
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The adopted amendment is authorized by Occupations Code, §502.104, which requires the board to develop policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and staff of the Department; by Occupations Code, §502.151, which authorizes the board to adopt rules necessary to determine the qualifications and fitness of a license applicant and to establish standards of conduct and ethics for license holders; by Occupations Code, §502.152, which authorizes the board to adopt rules establishing the board's procedures; by Occupations Code, §502.153, which authorizes the board to set fees; by Occupations Code, §502.204, which authorizes the board to adopt rules concerning the investigation of a complaint filed with the board; by Occupations Code, §502.303, which requires the board to establish mandatory continuing education requirements for license holders; and, by Occupations Code, §502.353, which requires the board to adopt procedures regarding an informal proceeding held in compliance with Government Code, §2001.056. Review of the section implements Government Code, §2001.039.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802214
Waymon Hinson, Ph.D.
Chair
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: May 18, 2008
Proposal publication date: February 1, 2008
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The adopted amendments and new section are authorized by Occupations Code, §502.104, which requires the board to develop policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and staff of the Department; by Occupations Code, §502.151, which authorizes the board to adopt rules necessary to determine the qualifications and fitness of a license applicant and to establish standards of conduct and ethics for license holders; by Occupations Code, §502.152, which authorizes the board to adopt rules establishing the board's procedures; by Occupations Code, §502.153, which authorizes the board to set fees; by Occupations Code, §502.204, which authorizes the board to adopt rules concerning the investigation of a complaint filed with the board; by Occupations Code, §502.303, which requires the board to establish mandatory continuing education requirements for license holders; and, by Occupations Code, §502.353, which requires the board to adopt procedures regarding an informal proceeding held in compliance with Government Code, §2001.056. Review of the sections implements Government Code, §2001.039.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802215
Waymon Hinson, Ph.D.
Chair
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: May 18, 2008
Proposal publication date: February 1, 2008
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The adopted amendments are authorized by Occupations Code, §502.104, which requires the board to develop policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and staff of the Department; by Occupations Code, §502.151, which authorizes the board to adopt rules necessary to determine the qualifications and fitness of a license applicant and to establish standards of conduct and ethics for license holders; by Occupations Code, §502.152, which authorizes the board to adopt rules establishing the board's procedures; by Occupations Code, §502.153, which authorizes the board to set fees; by Occupations Code, §502.204, which authorizes the board to adopt rules concerning the investigation of a complaint filed with the board; by Occupations Code, §502.303, which requires the board to establish mandatory continuing education requirements for license holders; and, by Occupations Code, §502.353, which requires the board to adopt procedures regarding an informal proceeding held in compliance with Government Code, §2001.056. Review of the sections implements Government Code, §2001.039.
§801.142.Supervised Clinical Experience Requirements and Conditions.
The following supervised clinical experience requirements and conditions shall apply.
(1) Supervised clinical experience accrued in Texas may only be accrued under licensure as a Licensed Marriage and Family Therapist Associate (with the exception noted in subparagraph (A)(i)(II) and (ii)(III) of this paragraph).
(A) The applicant must have completed a minimum of two years of work experience in marriage and family therapy services that:
(i) includes at least 3,000 hours of clinical services to individuals, couples or families:
(I) of which at least 1,500 hours must be direct clinical services, 750 hours to couples or families, and the remaining 1,500 hours may come from related experiences that may include but not be limited to workshops, public relations, writing case notes, consulting with referral sources, etc;
(II) of the 3,000 hours, no more than 500 hours may be transferred from a Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE) accredited doctoral program; and
(ii) the applicant must be supervised in a manner acceptable to the board, including:
(I) at least 200 hours of supervision;
(II) of the 200 hours, at least 100 hours must be individual supervision;
(III) of the 200 hours, no more than 100 hours may be transferred from the graduate program;
(IV) at least 50 hours of the post-graduate supervision must be individual supervision.
(B) An associate may practice marriage and family therapy in any established setting under supervision, such as a private practice, public or private agencies, hospitals, etc.
(C) During the period of supervised experience, an associate may be employed on a salary basis or be used within an established supervisory setting. The established settings must be structured with clearly defined job descriptions and areas of responsibility. The board may require that the applicant provide documentation of all work experience.
(D) During the post graduate supervision, both the supervisor and the associate may have disciplinary actions taken against their licenses for violations of the Act or rules.
(E) Supervision must be conducted under a supervision contract, which must be submitted to the board on the official form within 60 days of the initiation of supervision.
(F) Group supervised experience of an associate may count toward an associate's supervision requirement only if the supervision group consisted of a minimum of three and no more than six associates during the supervision hour.
(G) Individual supervised experience of an associate may count toward the associate's supervision requirement only if the supervision consisted of no more than two associates.
(H) The 200 hours of supervision must be face-to-face. The associate must receive a minimum of one hour of supervision every two weeks. A supervision hour is 45 minutes. Up to 50 hours of the 200 hours of face-to-face supervision may occur via telephonic or other electronic media, as approved by the supervisor.
(I) An associate may have no more than two board-approved supervisors at a time, unless given prior approval by the board or its designee.
(J) The associate may receive credit for up to 500 clock hours toward the required 3,000 hours of supervised clinical services by providing services via telephonic or other electronic media, as approved by the supervisor.
(2) Supervision and supervised clinical experience accrued toward licensure as a Licensed Marriage and Family Therapist in another jurisdiction are accepted by endorsement only (except as noted in paragraph (1)(A)(ii)(III) of this section).
(A) It is the applicant's responsibility to ensure that supervision and supervised experience accrued in another jurisdiction is verified by the jurisdiction in which it occurred and that the other jurisdiction provides verification of supervision to the board.
(B) If an applicant has been licensed as a marriage and family therapist in a United States jurisdiction for the 5 years preceding the application, the supervised clinical experience requirements will be considered to have been met. If licensed for any other period of 5 years, the board will determine whether clinical experience requirements have been met.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802216
Waymon Hinson, Ph.D.
Chair
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: May 18, 2008
Proposal publication date: February 1, 2008
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The adopted amendment is authorized by Occupations Code, §502.104, which requires the board to develop policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and staff of the Department; by Occupations Code, §502.151, which authorizes the board to adopt rules necessary to determine the qualifications and fitness of a license applicant and to establish standards of conduct and ethics for license holders; by Occupations Code, §502.152, which authorizes the board to adopt rules establishing the board's procedures; by Occupations Code, §502.153, which authorizes the board to set fees; by Occupations Code, §502.204, which authorizes the board to adopt rules concerning the investigation of a complaint filed with the board; by Occupations Code, §502.303, which requires the board to establish mandatory continuing education requirements for license holders; and, by Occupations Code, §502.353, which requires the board to adopt procedures regard an informal proceeding held in compliance with Government Code, §2001.056. Review of the section implements Government Code, §2001.039.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802217
Waymon Hinson, Ph.D.
Chair
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: May 18, 2008
Proposal publication date: February 1, 2008
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The adopted amendment is authorized by Occupations Code, §502.104, which requires the board to develop policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and staff of the Department; by Occupations Code, §502.151, which authorizes the board to adopt rules necessary to determine the qualifications and fitness of a license applicant and to establish standards of conduct and ethics for license holders; by Occupations Code, §502.152, which authorizes the board to adopt rules establishing the board's procedures; by Occupations Code, §502.153, which authorizes the board to set fees; by Occupations Code, §502.204, which authorizes the board to adopt rules concerning the investigation of a complaint filed with the board; by Occupations Code, §502.303, which requires the board to establish mandatory continuing education requirements for license holders; and, by Occupations Code, §502.353, which requires the board to adopt procedures regard an informal proceeding held in compliance with Government Code, §2001.056. Review of the section implements Government Code, §2001.039.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802218
Waymon Hinson, Ph.D.
Chair
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: May 18, 2008
Proposal publication date: February 1, 2008
For further information, please call: (512) 458-7111 x6972
22 TAC §§801.232, 801.235, 801.236
STATUTORY AUTHORITY
The adopted amendments are authorized by Occupations Code, §502.104, which requires the board to develop policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and staff of the Department; by Occupations Code, §502.151, which authorizes the board to adopt rules necessary to determine the qualifications and fitness of a license applicant and to establish standards of conduct and ethics for license holders; by Occupations Code, §502.152, which authorizes the board to adopt rules establishing the board's procedures; by Occupations Code, §502.153, which authorizes the board to set fees; by Occupations Code, §502.204, which authorizes the board to adopt rules concerning the investigation of a complaint filed with the board; by Occupations Code, §502.303, which requires the board to establish mandatory continuing education requirements for license holders; and, by Occupations Code, §502.353, which requires the board to adopt procedures regard an informal proceeding held in compliance with Government Code, §2001.056. Review of the sections implements Government Code, §2001.039.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802219
Waymon Hinson, Ph.D.
Chair
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: May 18, 2008
Proposal publication date: February 1, 2008
For further information, please call: (512) 458-7111 x6972
22 TAC §§801.261 - 801.264, 801.266
STATUTORY AUTHORITY
The adopted amendments are authorized by Occupations Code, §502.104, which requires the board to develop policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and staff of the Department; by Occupations Code, §502.151, which authorizes the board to adopt rules necessary to determine the qualifications and fitness of a license applicant and to establish standards of conduct and ethics for license holders; by Occupations Code, §502.152, which authorizes the board to adopt rules establishing the board's procedures; by Occupations Code, §502.153, which authorizes the board to set fees; by Occupations Code, §502.204, which authorizes the board to adopt rules concerning the investigation of a complaint filed with the board; by Occupations Code, §502.303, which requires the board to establish mandatory continuing education requirements for license holders; and, by Occupations Code, §502.353, which requires the board to adopt procedures regarding an informal proceeding held in compliance with Government Code, §2001.056. Review of the sections implements Government Code, §2001.039.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802220
Waymon Hinson, Ph.D.
Chair
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: May 18, 2008
Proposal publication date: February 1, 2008
For further information, please call: (512) 458-7111 x6972
22 TAC §§801.291, 801.294, 801.296, 801.297, 801.301, 801.303
STATUTORY AUTHORITY
The adopted amendments and new section are authorized by Occupations Code, §502.104, which requires the board to develop policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and staff of the Department; by Occupations Code, §502.151, which authorizes the board to adopt rules necessary to determine the qualifications and fitness of a license applicant and to establish standards of conduct and ethics for license holders; by Occupations Code, §502.152, which authorizes the board to adopt rules establishing the board's procedures; by Occupations Code, §502.153, which authorizes the board to set fees; by Occupations Code, §502.204, which authorizes the board to adopt rules concerning the investigation of a complaint filed with the board; by Occupations Code, §502.303, which requires the board to establish mandatory continuing education requirements for license holders; and, by Occupations Code, §502.353, which requires the board to adopt procedures regard an informal proceeding held in compliance with Government Code, §2001.056. Review of the sections implements Government Code, §2001.039.
§801.296.Complaint Procedures.
(a) A person wishing to report a complaint or allege a violation of the Act or this chapter by a licensee or other person may notify the department staff. The initial notification of a complaint may be in writing, by telephone, or by personal visit to the board office. A complaint shall not be accepted by the board office if the official complaint form is not filed within 5 years of the date of termination of the licensee-client relationship which gave rise to the alleged violations. If the client was a minor at the time of the alleged violation, this time limitation does not begin to run until the client reaches the age of 18 years. A complainant shall be notified of the non-acceptance of untimely complaints. This time limitation shall not apply to complaints involving violations of §801.45 of this title (relating to Sexual Misconduct) or any of the board's other rules relating to sexual misconduct. The board may waive this time limit in cases of egregious acts or continuing threats to public health or safety when presented with evidence that warrants such action.
(b) Upon learning of a complaint, the department staff may assist the person to obtain an official complaint form from the board's web site or offer to send to the complainant an official form which the complainant should complete and return to the board office. The executive director may refer an anonymous complaint for an investigation, if it appears that enough information has been provided regarding the alleged violation to conduct an investigation.
(c) Upon receipt of a written complaint, the department staff shall send an acknowledgment letter to the complainant. The executive director or executive director's designee shall determine whether the complaint appears to be within the jurisdiction of the board. If the complaint does not appear to be within the jurisdiction of the board, the complaint will not be referred for an investigation, and will be referred to the board for review for jurisdiction. If the complaint does appear to be within the jurisdiction of the board, the executive director shall refer the complaint for an investigation and determine whether to notify the alleged violator of the complaint by mail within 45 days and request that the alleged violator submit a written response regarding the complaint within 15 days of receipt of the notice. The board may consider failure to respond to a request for a response to a complaint or failure to respond to a request for information to be evidence of failure to cooperate in an investigation. If the executive director determines that the respondent to the complaint should not be notified within 45 days by mail, an investigator of the department shall notify the respondent of the complaint by letter, by telephone, or in person.
(d) Department investigative staff shall collect all information related to the complaint. Department investigative staff shall prepare an investigative report or summary. The chair shall appoint an ethics committee, which shall include at least one public board member, to review the complaint and the supporting documentation. The ethics committee shall be appointed to work with the executive director to:
(1) review each complaint and determine what action to take, if any;
(2) ensure that complaints are not dismissed without appropriate consideration;
(3) ensure that a person who files a complaint has an opportunity to explain the allegations made in the complaint; and
(4) dismiss complaint cases on which no formal action will be taken or recommend formal action to be taken and participate in subsequent due processes afforded to the respondent under the Act or this chapter.
(e) Department staff shall keep an information file about each complaint which will include the following:
(1) all persons contacted in relation to the complaint;
(2) a summary of findings made in each step of the complaint process;
(3) an explanation of the legal basis and reason for a complaint that is dismissed; and
(4) other relevant information.
(f) Department staff shall periodically notify the parties to the complaint of status of the complaint until the complaint is resolved.
(g) The ethics committee, executive director, or executive director's designee may request further investigation of the complaint.
(h) After an investigation has been completed, the person completing the investigation shall submit the findings to the ethics committee, executive director, or executive director's designee. The written investigative report shall set out all facts obtained during the investigation. If the ethics committee determines that there are insufficient grounds to support the finding of a violation or act upon the complaint, the ethics committee may dismiss the complaint with a finding of no violation. Department staff shall give written notice of the dismissal to the complainant and the licensee or person against whom the complaint has been filed.
(i) If the ethics committee determines that there are sufficient grounds to support the finding of one or more violations, the ethics committee will consider the relevant factors identified in §801.301 of this title and the severity level and sanction guide in §801.302 of this title and determine what recommended action to take against the respondent to the complaint, if any. The Ethics Committee will report to the board any proposed disciplinary actions to be taken against a licensee. If the respondent is not a licensee of the board or a person whose expired license is no longer renewable and is found to have violated the Occupations Code, Chapter 502, the board may issue an order to cease and desist and may refer the case to the Office of Attorney General for appropriate action.
(j) If the committee determines that a violation exists and that the circumstances surrounding the violation did not involve a serious risk of or did not result in significantly affecting the health and safety of clients or other persons, the committee may resolve the complaint by informal methods such as an advisory notice or warning letter. The committee may also issue an advisory notice or a warning letter if the complaint did not result in a violation, but the circumstances surrounding the complaint are of concern of the board.
(k) If the executive director receives credible evidence that a licensee is engaging in acts that pose an immediate and significant threat of physical or emotional harm to the public, the executive director shall consult with the members of the Ethics Committee for authorization for an emergency suspension of the license.
(l) Ethics Committee meetings and policy are as follows:
(1) The Ethics Committee will meet on a regular basis to review and recommend action on complaints filed against licensees. Additionally, the committee will hold informal hearings to review previous committee actions at the request of a respondent.
(2) An agenda and completed reports of complaint investigations will be sent to committee members approximately two weeks prior to each meeting. The agenda will list all items to be considered by the committee. Complaints will be listed on the agenda by the assigned complaint tracking number. At the discretion of the executive director or the ethics committee members, a recording may be made of the ethics committee meeting, with the exception that an executive session may not be recorded.
(3) Persons who are not members of the committee are permitted to observe committee work unless the committee enters into executive session for legal consultation. Committee members, staff, consultants and licensees against whom the complaint is filed and the person filing the complaint may participate in the discussion of a complaint pending action before the committee. The committee chair or committee by vote may impose time limitations on discussion.
(4) A report on all completed investigations will be provided to committee members. The report will include copies of information obtained in the investigation and a summary sheet with a staff recommendation for the disposition for each case. Cases that are recommended for closure may be listed together as a consent agenda item. Any committee member, consultant, or staff person may remove cases from the consent agenda for individual review upon request. All cases left on the consent agenda will be voted on as a group for closure. All other cases will be considered on an individual basis.
(5) The committee will base its decision regarding the validity of a complaint on the evidence documented in the report of the investigation. The committee may find that there is or is not evidence of a violation of licensing law or rules or the committee may request additional information of a case for later review. If the committee finds that a licensee has violated licensing law or rules, the committee will consider the established policy guidelines and other relevant factors in their recommendation of disciplinary action.
(6) All parties to a complaint will be notified of the findings and recommendations of the committee. The respondent to a complaint who disagrees with the action of the committee may submit a written statement of the reasons for his or her disagreement, and may request an informal hearing before the committee. Request for an informal hearing must be made within 10 days of the date of the letter stating the disposition of the case.
§801.297.Monitoring of Licensees.
(a) The department shall maintain a complaint tracking system.
(b) Each licensee that has had disciplinary action taken against his or her license shall be required to submit regularly scheduled reports, if ordered by the board. The report shall be scheduled at intervals appropriate to each individual situation.
(c) The executive director or executive director's designee shall review the reports and notify the ethics committee if the requirements of the disciplinary action are not met.
(d) The ethics committee may consider more severe disciplinary proceedings if non-compliance occurs.
(e) As an alternative to the denial of a license, the board may, as a condition of initial licensure, require monitoring of a licensee who may pose a potential threat to public health or safety, regardless of whether a formal complaint has been received by the board. The board may require a licensee on monitoring status to comply with specified conditions set forth by the board. A licensee placed on this type of monitoring is not considered to have formal disciplinary action taken against their license, but must comply fully with the order of the board or face possible formal disciplinary action levied by the board. Factors that may constitute a potential threat to public health or safety may include, but are not limited to, reports of chemical abuse by a licensee, mental and/or physical health concerns, and/or criminal activity or allegations, whether pending or in final disposition by a court of law.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802221
Waymon Hinson, Ph.D.
Chair
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: May 18, 2008
Proposal publication date: February 1, 2008
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The adopted amendment is authorized by Occupations Code, §502.104, which requires the board to develop policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and staff of the Department; by Occupations Code, §502.151, which authorizes the board to adopt rules necessary to determine the qualifications and fitness of a license applicant and to establish standards of conduct and ethics for license holders; by Occupations Code, §502.152, which authorizes the board to adopt rules establishing the board's procedures; by Occupations Code, §502.153, which authorizes the board to set fees; by Occupations Code, §502.204, which authorizes the board to adopt rules concerning the investigation of a complaint filed with the board; by Occupations Code, §502.303, which requires the board to establish mandatory continuing education requirements for license holders; and, by Occupations Code, §502.353, which requires the board to adopt procedures regard an informal proceeding held in compliance with Government Code, §2001.056. Review of the section implements Government Code, §2001.039.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802222
Waymon Hinson, Ph.D.
Chair
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: May 18, 2008
Proposal publication date: February 1, 2008
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The adopted amendment is authorized by Occupations Code, §502.104, which requires the board to develop policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and staff of the Department; by Occupations Code, §502.151, which authorizes the board to adopt rules necessary to determine the qualifications and fitness of a license applicant and to establish standards of conduct and ethics for license holders; by Occupations Code, §502.152, which authorizes the board to adopt rules establishing the board's procedures; by Occupations Code, §502.153, which authorizes the board to set fees; by Occupations Code, §502.204, which authorizes the board to adopt rules concerning the investigation of a complaint filed with the board; by Occupations Code, §502.303, which requires the board to establish mandatory continuing education requirements for license holders; and, by Occupations Code, §502.353, which requires the board to adopt procedures regarding an informal proceeding held in compliance with Government Code, §2001.056. Review of the section implements Government Code, §2001.039.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 28, 2008.
TRD-200802223
Waymon Hinson, Ph.D.
Chair
Texas State Board of Examiners of Marriage and Family Therapists
Effective date: May 18, 2008
Proposal publication date: February 1, 2008
For further information, please call: (512) 458-7111 x6972