Part 14. TEXAS OPTOMETRY BOARD
The Texas Optometry Board adopts amendments to §273.10 with changes to the proposed text published in the March 14, 2008, issue of the Texas Register (33 TexReg 2104).
The amendments impose the procedure authorized by Senate Bill 288, 80th Legislature, which limits license renewal when the agency is notified that a licensee is in arrears on court ordered child support, and permits the agency to charge a fee to recover administrative costs
No comments were received.
The amendment is adopted under the Texas Optometry Act, Texas Occupations Code, §351.151 and Senate Bill 288, 80th Legislature, Texas Family Code §232.0135. No other sections are affected by the amendments.
The Texas Optometry Board interprets §351.151 as authorizing the adoption of procedural and substantive rules for the regulation of the optometric profession. Texas Family Code §232.0135 requires the agency to refuse to renew a license when requested to do so by a child support agency and allows the agency to recoup costs.
§273.10.Licensee Compliance with Payment Obligations.
(a) Texas Guaranteed Student Loan Corporation
(1) If, after a hearing or an opportunity for hearing, the board determines that a licensee is in default on a loan guaranteed by the Texas Guaranteed Student Loan Corporation, the license shall not be renewed unless the licensee presents a certificate issued by the corporation certifying that:
(A) the licensee has entered into a repayment agreement on the defaulted loan; or
(B) the licensee is not in default on a loan guaranteed by the corporation.
(2) If, after a hearing or an opportunity for hearing, the board determines that a licensee has defaulted on a repayment agreement with the Texas Guaranteed Student Loan Corporation, the license shall not be renewed unless the licensee presents a certificate issued by the corporation certifying that:
(A) the licensee has entered into another repayment agreement on the defaulted loan; or
(B) the licensee is not in default on a loan guaranteed by the corporation or on a repayment agreement.
(b) Child support payments; Chapter 232 of the Texas Family Code
(1) An application for license renewal will not be accepted if a child support agency provides the board with notice that a licensee has failed to pay child support for six months or more and requests that the board not accept the application.
(2) The application will be considered once the board receives notice from the child support agency that the licensee is in compliance with the requirements of Chapter 232 of the Texas Family Code.
(3) The board may charge the licensee a fee in an amount sufficient to recover the administrative costs incurred by the board under this chapter.
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 May 14, 2008.
TRD-200802521
Chris Kloeris
Executive Director
Texas Optometry Board
Effective date: June 3, 2008
Proposal publication date: March 14, 2008
For further information, please call: (512) 305-8502
The Texas Optometry Board adopts amendments to §275.1 with changes to the proposed text published in the March 14, 2008, issue of the Texas Register (33 TexReg 2105).
The amendments require licensees to obtain one of the 16 hours of continuing education in a course covering professional responsibility administered by an instate optometry school or college.
No comments were received.
The amendment is adopted under the Texas Optometry Act, Texas Occupations Code, §351.151 and §351.308. No other sections are affected by the amendments.
The Texas Optometry Board interprets §351.151 as authorizing the adoption of procedural and substantive rules for the regulation of the optometric profession. Section 351.308 sets the requirements for the continuing education each licensee must take annually.
§275.1.General Requirements.
(a) The Act requires each optometrist licensed in this state to take 16 hours of continuing education per calendar year with at least six hours in the diagnosis or treatment of ocular disease. Beginning with the 2010 license renewal, the subject of at least one hour of the required 16 hours shall be professional responsibility. The calendar year is considered to begin January 1 and run through December 31.
(b) The board accepts for continuing education credit all courses sponsored by any board-accredited college or schools of optometry and such other programs or courses of other organizations as are approved by the board upon recommendation from the Continuing Education Committee, appointed by the Board Chair. The Continuing Education Committee will consider, among other things in its discretion, the following criteria in approving courses and classifying the hours as general, diagnosis or treatment of ocular disease, and professional responsibility:
(1) all subjects of education must be directly related to optometry;
(2) courses sponsored by or given by accredited optometry schools will be granted automatic approval as limited by paragraph (9) of this subsection;
(3) courses meeting evaluation standards and receiving approval of the Association of Regulatory Boards of Optometry will be granted automatic approval as limited by paragraph (9) of this subsection;
(4) courses sponsored by optometric organizations may be given approval;
(5) courses sponsored by universities or accredited nonoptometric schools may be given approval if the subject matter is directly related to optometry;
(6) correspondence courses sponsored and graded by accredited optometry schools may be given approval. The maximum number of hours allowed for these courses is set out in §275.2(f) of this title;
(7) courses sponsored by individual providers may be approved but providers must supply the committee with a synopsis of the lecture material to be presented, itinerary including time in the class, and resumes of the lecturers;
(8) on-line computer courses with post-course testing sponsored by the Association of Regulatory Boards of Optometry or by accredited optometry schools. The maximum number of hours allowed for these courses is set out in §275.2(f) of this title.
(9) courses in professional responsibility given by a board accredited instate college or school of optometry may be given approval if the course:
(A) is made available as a live course in this state and on the internet, and
(B) includes the study of professional ethics, the Texas Optometry Act and Board Rules, judicious prescribing of dangerous drugs, pain management, or drug abuse by professionals.
(c) Licensees who have not complied with the education requirements may not be issued a renewal license unless such person is entitled to an exemption under Section 351.309 of the Act. The following persons are exempt:
(1) a licensee who holds a Texas license, but does not practice optometry in Texas; provided, however, that if at any time during the calendar year for which such exemption has been obtained such person desires to practice optometry, such person shall not be entitled to practice optometry in Texas until 16 hours of continuing education credits are obtained and the board has been notified of the completion of such continuing education requirements;
(2) a licensee who served in the regular armed forces of the United States during part of the 12 months immediately preceding the annual license renewal date;
(3) a licensee who submits proof satisfactory to the board that the licensee suffered a serious or disabling illness or physical disability which prevented the licensee from complying with the requirements of this section during the 12 months immediately preceding the annual license renewal date; provided, however, that in lieu of claiming the exemption, a licensee who has submitted the requisite proof of illness or disability may elect to obtain the education requirement by correspondence or multi-media courses sponsored, monitored, or graded by colleges of optometry; or
(4) a licensee who is first licensed within the 12 months immediately preceding the annual renewal date.
(d) Approved courses must be available to all Texas licensed optometrists at a fee considered reasonable and nondiscriminatory.
(e) Summaries of the courses and resumes of those teaching must be submitted to the board's Continuing Education Committee for approval or disapproval. This information should be received 60 days prior to the date the course is to take place.
(f) Written proof of attendance and completion of approved courses must be supplied by the licensed optometrist to the board in conjunction with the renewal application for an optometry license. If the licensed optometrist is practicing in Texas, the licensee should submit the original proof of attendance or the approved sponsors of continuing education may submit to the board written proof of attendance and completion of approved courses on behalf of the licensed optometrist. Information such as the following will be required: sponsoring organizations; location and dates; course names; instructors; names of attendee; number of education hours completed; and any other information deemed necessary by the board. Proof of attendance supplied by the sponsor should contain at least one signature of the sponsor's designee.
(g) An applicant for or a licensee renewing the Retired License shall obtain 8 hours of board approved continuing education prior to receiving or renewing the license. All of the hours may be obtained on the Internet or by correspondence. At least one half of these hours must be diagnostic/therapeutic as approved by the board.
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 May 14, 2008.
TRD-200802522
Chris Kloeris
Executive Director
Texas Optometry Board
Effective date: June 3, 2008
Proposal publication date: March 14, 2008
For further information, please call: (512) 305-8502
The Texas Optometry Board adopts amendments to §280.8 without changes to the proposed text published in the March 7, 2008, issue of the Texas Register (33 TexReg 1954).
The amendments allow approved schools or colleges of optometry to show that the course work, examination and skill evaluation requirements of the optometric glaucoma specialist application are part of the current course work and examination curriculum. Applicants from such programs may have the required skills evaluation performed by an optometric glaucoma specialist.
No comments were received.
The amendment is adopted under the Texas Optometry Act, Texas Occupations Code, §351.151 and §351.3581. No other sections are affected by the amendments.
The Texas Optometry Board interprets §351.151 as authorizing the adoption of procedural and substantive rules for the regulation of the optometric profession. Section 351.3581 sets the requirements for optometric glaucoma specialist license.
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 May 14, 2008.
TRD-200802523
Chris Kloeris
Executive Director
Texas Optometry Board
Effective date: June 3, 2008
Proposal publication date: March 7, 2008
For further information, please call: (512) 305-8502
Chapter 281. ADMINISTRATIVE PRACTICE AND PROCEDURES
Subchapter C. DISCIPLINARY GUIDELINES
The Texas State Board of Pharmacy adopts amendments to §281.63, concerning Considerations for Criminal Offenses, and §281.64, concerning Sanctions for Criminal Offenses. The amendments are adopted without changes to the proposed text as published in the March 21, 2008, issue of the Texas Register (33 TexReg 2454).
The amendments clarify that the crime of driving while intoxicated is considered to be directly related to the duties and responsibilities of licensees and registrants, and clarify that the sanction guidelines apply to licensees and registrants including applicants. In addition, the amendments change the title of §281.64 from Sanctions for Applicants with Criminal Offenses to Sanctions for Criminal Offenses.
Written comments regarding §281.63 were received from the Texas Pharmacy Association. The Texas Pharmacy Association commented that including the offense of driving while intoxicated would inordinately heighten the severity and consequences of driving while intoxicated and suggested that the crime not be included on the list. The Board disagrees with this comment. Including the crime of driving while intoxicated in the list of crimes directly related to the duties and responsibilities of board licensees or registrants gives the Board the authority to review the matter when considering crimes but does not associate a specific sanction with the crime.
The amendments are adopted under §551.002, and §554.051 of the Texas Pharmacy Act (Chapters 551 - 566 and 568 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by the amendments: Chapters 551 - 566 and 568 - 569, Texas Occupations Code.
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 May 19, 2008.
TRD-200802581
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: June 8, 2008
Proposal publication date: March 21, 2008
For further information, please call: (512) 305-8028
22 TAC §§283.1, 283.2, 283.4 - 283.6
The Texas State Board of Pharmacy adopts amendments to §283.1, concerning Purpose, §283.2, concerning Definitions, §283.4, concerning Internship Requirements, §283.5, concerning Pharmacist-Intern Duties, and §283.6, concerning Preceptor Requirements and Ratio of Preceptors of Pharmacist-Interns. The amendments to §§283.2, 283.5, and 283.6 are adopted with changes to the proposed text to further clarify definition of an intern-trainee and the ratio of preceptors to pharmacist-interns. The amendments to §283.1 and §283.4 are adopted without changes to the proposed test as published in the March 21, 2008, issue of the Texas Register (33 TexReg 2456).
The amendments implement recommendations from the Task Force on Internship Requirements; update definitions and add a new definition for an intern-trainee; update the goals and objectives to be consistent with new guidelines set forth by the Accreditation Council for Pharmacy Education; outline the requirements for individuals applying to the Board as an intern-trainee; authorize the executive director to extend the terms of an extended internship if the administration of the NAPLEX and/or Texas Jurisprudence Examinations is delayed; clarify the duties that may be performed by an intern-trainee working under a pharmacist preceptor serving as an instructor for a Texas college/school-based internship program; define the ratios of preceptors to pharmacist-interns; and rename §283.6 to Preceptor Requirements and Ratio of Preceptors of Pharmacist-Interns.
Written comments were received: H.E.B., the National Association of Chain Drug Stores (NACDS), and the Texas Federation of Drug Stores commented that the intern-trainees should included students from out-of-state schools/colleges of pharmacy not only Texas schools/colleges and intern-trainees should not be restricted to working only at sites assigned by the schools/colleges. The Board disagrees with this comment. Intern-trainees are first year pharmacy students, possibly with limited pharmacy experience. Allowing intern-trainees to work outside the school/college programs could potentially create confusion regarding the activities perform by intern-trainees. NACDS also commented that the ratio requirements should allow a pharmacist-preceptor to supervise more than one pharmacist-intern in certain circumstances. The rules do allow a pharmacist-preceptor to supervise one intern-trainee and one student-intern and there is no ratio requirement for preceptors supervising intern-trainees and student interns when the intern-trainees and student-interns are not engaging in dispensing activities, patient counseling, or any activities requiring independent judgment.
The amendments are adopted under §551.002, and §554.051 of the Texas Pharmacy Act (Chapters 551 - 566 and 568 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by the amendments: Chapters 551 - 566 and 568 - 569, Texas Occupations Code.
§283.2.Definitions.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) ACPE--Accreditation Council for Pharmacy Education.
(2) Applicant--An individual having applied for licensure to act as a pharmacist in Texas.
(3) Approved continuing education--Continuing education which meets the requirements of §295.8 of this title (relating to Continuing Education Requirements).
(4) Board--The Texas State Board of Pharmacy; all members, divisions, departments, sections, and employees thereof.
(5) BS in pharmacy--A Bachelor of Science degree in pharmacy.
(6) Competency--A demonstrated state of preparedness for the realities of professional pharmacy practice.
(7) Didactic--Systematic classroom instruction.
(8) Direct supervision--A pharmacist preceptor or healthcare professional preceptor is physically present and on-site at the licensed location of the pharmacy where the pharmacist-intern is performing pharmacist-intern duties.
(9) Extended-intern--An intern, registered with the board, who has:
(A) applied to the board for licensure by examination and has successfully passed the NAPLEX and Texas Pharmacy Jurisprudence Examination but lacks the required number of hours of internship for licensure; or
(B) applied to the board to take the NAPLEX and Texas Jurisprudence Examinations within three calendar months after graduation and has either:
(i) graduated and received a professional degree from a college/school of pharmacy the professional degree program of which has been accredited by ACPE and approved by the board; or
(ii) completed all of the requirements for graduation and for receipt of a professional degree from a college/school of pharmacy the professional degree program of which has been accredited by ACPE and approved by the board; or
(C) applied to the board to take the NAPLEX and Texas Jurisprudence Examinations within three calendar months after obtaining full certification from the Foreign Pharmacy Graduate Equivalency Commission; or
(D) applied to the Board for re-issuance of a pharmacist license which has been expired for more than two years but less than ten years and has successfully passed the Texas Pharmacy Jurisprudence examination, but lacks the required number of hours of internship or continuing education required for licensure; or
(E) been ordered by the Board to complete an internship.
(10) Foreign pharmacy graduate--A pharmacist whose pharmacy degree was conferred by a pharmacy school whose professional degree program has not been accredited by ACPE and approved by the board.
(11) FPGEC--The Foreign Pharmacy Graduate Equivalency Commission.
(12) FPGEE--The Foreign Pharmacy Graduate Equivalency Examination, given by FPGEC.
(13) Healthcare Professional--An individual licensed as:
(A) a physician in Texas or another state; or
(B) a pharmacist in a state other than Texas but not licensed in Texas.
(14) Healthcare Professional Preceptor--A healthcare professional serving as an instructor for a Texas college/school-based internship program who is recognized by a Texas college/school of pharmacy to supervise and be responsible for the activities and functions of a student-intern or intern-trainee in the internship program.
(15) Intern-trainee--A pharmacist intern, registered with the board, who is enrolled in the first year of the professional sequence of a Texas college/school of pharmacy and who may only work during times and in sites assigned by a Texas college/school of pharmacy.
(16) Internship--A practical experience program that is approved by the board.
(17) MPJE--Multistate Pharmacy Jurisprudence Examination.
(18) NABP--The National Association of Boards of Pharmacy.
(19) NAPLEX--The North American Pharmacy Licensing Examination, or its predecessor, the National Association of Boards of Pharmacy Licensing Examination.
(20) Pharm D--A doctorate in pharmacy.
(21) Pharmaceutical care--The provision of drug therapy and other pharmaceutical services defined in the rules of the board and intended to assist in the cure or prevention of a disease, elimination or reduction of a patient's symptoms, or arresting or slowing of a disease process.
(22) Pharmacist-intern--An intern-trainee, a student-intern, or an extended-intern who is participating in a board approved internship program.
(23) Pharmacist Preceptor--A pharmacist licensed in Texas to practice pharmacy who meets the requirements under board rules and is recognized by the board to supervise and be responsible for the activities and functions of a pharmacist-intern in an internship program.
(24) Preceptor--A pharmacist preceptor or a healthcare professional preceptor.
(25) Professional degree--A baccalaureate in pharmacy (BS) or a doctorate of pharmacy (Pharm D) degree.
(26) State--One of the 50 United States of America, the District of Columbia, and Puerto Rico.
(27) Student-intern--A pharmacist-intern, registered with the board who is enrolled in the professional sequence of a college/school of pharmacy, has completed the first professional year and obtained a minimum of 30 credit hours of work towards a professional degree in pharmacy, and is participating in a board-approved internship program.
(28) Texas Pharmacy Jurisprudence Exam or Texas Drug and Pharmacy Jurisprudence Examination--A licensing exam developed or approved by the Board which evaluates an applicant's knowledge of the drug and pharmacy requirements to practice pharmacy legally in the state of Texas.
§283.5.Pharmacist-Intern Duties.
(a) A student-intern or an extended-intern participating in a board-approved internship program may perform any duty of a pharmacist provided the duties are delegated by and under the supervision of:
(1) a pharmacist licensed by the board and approved as a preceptor by the board; or
(2) a pharmacist licensed in a state other than Texas when working in a federal facility and serving as an instructor for a Texas college-based internship program.
(b) A pharmacist preceptor serving as an instructor for a Texas college/school-based internship program, may delegate the following duties to an intern-trainee working in a site assigned by a Texas college/school of pharmacy board approved program provided the intern-trainee is under the direct supervision of the pharmacist preceptor:
(1) initiating and receiving refill authorization requests;
(2) entering prescription data into a data processing system;
(3) taking a stock bottle from the shelf for a prescription;
(4) preparing and packaging prescription drug orders (i.e., counting tablets/capsules, measuring liquids, and placing them in the prescription container);
(5) affixing prescription labels and auxiliary labels to the prescription container;
(6) reconstituting medication;
(7) prepackaging and labeling prepackaged drugs;
(8) loading bulk unlabeled drugs into an automated dispensing system provided a pharmacist verifies that the system is properly loaded prior to use;
(9) bulk compounding;
(10) compounding non-sterile preparations provided the intern-trainee has completed the training required for pharmacists in §291.131 of this title (relating to Pharmacist Compounding Non-sterile Preparations);
(11) compounding sterile preparations provided the intern-trainee has completed the training required for pharmacists in §291.133 of this title (relating to Pharmacies Compounding Sterile Preparations); and
(12) administering immunizations provided the intern-trainee has completed the training required for pharmacists in §295.15 of this title (relating to Administration of Immunizations or Vaccinations by a Pharmacist under Written Protocol of a Physician).
(c) When not under the supervision of a pharmacist preceptor, a student-intern or an extended-intern may function as a pharmacy technician and perform all of the duties of a pharmacy technician without registering as a pharmacy technician provided the pharmacist-intern:
(1) is registered with the board as a pharmacist-intern;
(2) is under the direct supervision of a pharmacist;
(3) has completed the pharmacy's on-site technician training program;
(4) has completed the training required for pharmacists in §291.133 of this title (relating to Pharmacies Compounding Sterile Preparations); and
(5) is not counted as a pharmacy technician in the ratio of pharmacists to pharmacy technicians. The ratio of pharmacists to pharmacist-interns shall be 1:1 when performing pharmacy technician duties.
(d) A pharmacist-intern may not:
(1) present or identify himself/herself as a pharmacist;
(2) sign or initial any document which is required to be signed or initialed by a pharmacist unless a preceptor cosigns the document; or
(3) independently supervise pharmacy technicians or pharmacy technician trainees.
§283.6.Preceptor Requirements and Ratio of Preceptors to Pharmacist-Interns.
(a) Preceptor requirements.
(1) Preceptors shall be:
(A) a pharmacist whose license to practice pharmacy in Texas is current and not on inactive status with the board; or
(B) a healthcare professional preceptor.
(2) A pharmacist preceptor shall publicly display the pharmacist preceptor certificate with his/her license to practice pharmacy and the license renewal certificate.
(3) To be recognized as a pharmacist preceptor, a pharmacist must:
(A) have at least:
(i) one year of experience as a licensed pharmacist in the type of internship practice setting; or
(ii) six months of residency training if the pharmacy resident is in a program accredited by the American Society of Health-System Pharmacists;
(B) have completed:
(i) for initial certification, three hours of pharmacist preceptor training provided by an ACPE approved provider within the previous two years. Such training shall be:
(I) developed by a Texas college/school of pharmacy; or
(II) approved by:
(-a-) a committee comprised of the Texas college/schools of pharmacy; or
(-b-) the board; or
(ii) to continue certification, three hours of pharmacist preceptor training provided by an ACPE approved provider within the pharmacist's current license renewal period. Such training shall be:
(I) developed by a Texas college/school of pharmacy; or
(II) approved by:
(-a-) a committee comprised of the Texas college/schools of pharmacy; or
(-b-) the board; and
(C) meet the requirements of subsection (c) of this section.
(b) Ratio of preceptors to pharmacist-interns.
(1) A preceptor may supervise only one pharmacist-intern at any given time (1:1 ratio) except as provided in paragraph (2) of this subsection.
(2) The following is applicable to Texas college/school of pharmacy internship program only.
(A) Supervision. Supervision of a pharmacist-intern shall be:
(i) direct supervision when the student-intern or intern-trainee is engaged in functions associated with the preparation and delivery of prescription or medication drug orders; and
(ii) general supervision when the student-intern or intern-trainee is engaged in functions not associated with the preparation and delivery of prescription or medication drug orders.
(B) Exceptions to the 1:1 ratio.
(i) There is no ratio requirement for preceptors supervising intern-trainees and student-interns as a part of a Texas college/school of pharmacy when the intern-trainees and student-interns are not engaging in dispensing activities, patient counseling, or any activities requiring independent judgement.
(ii) A preceptor for a Texas college/school of pharmacy internship program may supervise one intern-trainee and one student-intern except as described in clause (i) of this subparagraph.
(iii) Texas college/schools of pharmacy may request a different preceptor to pharmacist-intern ratio during the board's annual review and approval of their college/school based, structured internship program. Any such ratio shall apply only to the internship experience acquired as a part of the college/school based, structured internship program.
(iv) In an emergency caused by a natural or manmade disaster or any other exceptional situation that causes an extraordinary demand for preceptors, the executive director of the board, in his/her discretion, may allow a preceptor in a Texas college/school of pharmacy internship program to supervise up to two interns. The executive director shall notify the Texas colleges/schools of pharmacy of the length of time a preceptor may supervise up to two interns.
(c) No pharmacist may serve as a pharmacist preceptor if his or her license to practice pharmacy has been the subject of an order of the board imposing any penalty set out in the Act, §565.051, during the period he or she is serving as a pharmacist preceptor or within the three-year period immediately preceding application for approval as a pharmacist preceptor. Provided, however, a pharmacist who has been the subject of such an order of the board may petition the board, in writing, for approval to act as a pharmacist preceptor. The board may consider the following items in approving a pharmacist's petition to act as a pharmacist preceptor:
(1) the type and gravity of the offense for which the pharmacist's license was disciplined;
(2) the length of time since the action that caused the order;
(3) the length of time the pharmacist has previously served as a preceptor;
(4) the availability of other preceptors in the area;
(5) the reason(s) the pharmacist believes he/she should serve as a preceptor;
(6) a letter of recommendation from a Texas college/school of pharmacy if the pharmacist will be serving as a pharmacist preceptor for a Texas college/school of pharmacy; and
(7) any other factor presented by the pharmacist demonstrating good cause why the pharmacist should be allowed to act as a pharmacist preceptor.
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 May 19, 2008.
TRD-200802582
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: June 8, 2008
Proposal publication date: March 21, 2008
For further information, please call: (512) 305-8028
Subchapter F. NON-RESIDENT PHARMACY (CLASS E)
The Texas State Board of Pharmacy adopts amendments to §291.104, concerning Operation Standards. The amendments are adopted with changes to the proposed text published in the March 21, 2008, issue of the Texas Register (33 TexReg 2467) based on comments received.
The amendments clarify the labeling requirements for Class E pharmacies shipping prescriptions to Texas residents.
Written comments were received from the National Association of Chain Drug Stores. The National Association of Chain Drug Stores (NACDS) commented that it may be problematic for some non-resident pharmacies to comply with placing the dispensing pharmacist's initials or identification code on the prescription label. NACDS recommended deleting these requirements. NACDS also commented that non-resident pharmacies generally provide notification to patients regarding the generic substitution of a drug product but in slightly different language. NACDS recommended that the requirement be modified to allow statements with the same intent. The Board agrees with these comments and modified the rules for the non-resident pharmacies.
The amendments are adopted under §551.002 and §554.051 of the Texas Pharmacy Act (Chapters 551 - 566 and 568 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by the amendments: Chapters 551 - 566 and 568 - 569, Texas Occupations Code.
§291.104.Operational Standards.
(a) Licensing requirements.
(1) A Class E pharmacy shall register annually or biennially with the board on a pharmacy license application provided by the board.
(2) On initial application, the pharmacy shall follow the procedures specified in §291.1 of this title (relating to Pharmacy License Application) and the provide the following additional information specified in §560.052(c) and (f) of the Act (relating to Qualifications):
(A) evidence that the applicant holds a pharmacy license, registration, or permit issued by the state in which the pharmacy is located;
(B) the name of the owner and pharmacist-in-charge of the pharmacy for service of process;
(C) evidence of the applicant's ability to provide to the board a record of a prescription drug order dispensed by the applicant to a resident of this state not later than 72 hours after the time the board requests the record;
(D) an affidavit by the pharmacist-in-charge which states that the pharmacist has read and understands the laws and rules relating to a Class E pharmacy;
(E) proof of creditworthiness; and
(F) an inspection report issued not more than two years before the date the license application is received and conducted by the pharmacy licensing board in the state of the pharmacy's physical location.
(i) A Class E pharmacy may submit an inspection report issued by an entity other than the pharmacy licensing board of the state in which the pharmacy is physically located if the state's licensing board does not conduct inspections as follows:
(I) an individual approved by the board who is not employed by the pharmacy but acting as a consultant to inspect the pharmacy;
(II) an agent of the National Association of Boards of Pharmacy;
(III) an agent of another State Board of Pharmacy; or
(IV) an agent of an accrediting body, such as the Joint Commission on Accreditation of Healthcare Organizations.
(ii) The inspection must be substantively equivalent to an inspection conducted by the board.
(3) On renewal of a license, the pharmacy shall complete the renewal application provided by the board and, as specified in §561.031 of the Act, provide an inspection report issued not more than three years before the date the renewal application is received and conducted by the pharmacy licensing board in the state of the pharmacy's physical location.
(A) A Class E pharmacy may submit an inspection report issued by an entity other than the pharmacy licensing board of the state in which the pharmacy is physically located if the state's licensing board does not conduct inspections as follows:
(i) an individual approved by the board who is not employed by the pharmacy but acting as a consultant to inspect the pharmacy;
(ii) an agent of the National Association of Boards of Pharmacy;
(iii) an agent of another State Board of Pharmacy; or
(iv) an agent of an accrediting body, such as the Joint Commission on Accreditation of Healthcare Organizations.
(B) The inspection must be substantively equivalent to an inspection conducted by the board.
(4) A Class E pharmacy which changes ownership shall notify the board within ten days of the change of ownership and apply for a new and separate license as specified in §291.3 of this title (relating to Required Notifications).
(5) A Class E pharmacy which changes location and/or name shall notify the board within ten days of the change and file for an amended license as specified in §291.3 of this title.
(6) A Class E pharmacy owned by a partnership or corporation which changes managing officers shall notify the board in writing of the names of the new managing officers within ten days of the change, following the procedures in §291.3 of this title.
(7) A Class E pharmacy shall notify the board in writing within ten days of closing.
(8) A separate license is required for each principal place of business and only one pharmacy license may be issued to a specific location.
(9) A fee as specified in §291.6 of this title (relating to Pharmacy License Fees) will be charged for the issuance and renewal of a license and the issuance of an amended license.
(10) The board may grant an exemption from the licensing requirements of this Act on the application of a pharmacy located in a state of the United States other than this state that restricts its dispensing of prescription drugs or devices to residents of this state to isolated transactions.
(11) A Class E pharmacy engaged in the centralized dispensing of prescription drug or medication orders shall comply with the provisions of §291.125 of this title (relating to Centralized Prescription Dispensing).
(12) A Class E pharmacy engaged in central processing of prescription drug or medication orders shall comply with the provisions of §291.123 of this title (relating to Central Prescription or Medication Order Processing).
(13) A Class E (Non-Resident) pharmacy engaged in the compounding of non-sterile preparations shall comply with the provisions of §291.131 of this title (relating to Pharmacies Compounding Non-Sterile Preparations).
(14) A Class E (Non-Resident) pharmacy engaged in the compounding of sterile preparations shall comply with the provisions of §291.133 of this title (relating to Pharmacies Compounding Sterile Preparations).
(b) Prescription dispensing and delivery.
(1) General.
(A) All prescription drugs and/or devices shall be dispensed and delivered safely and accurately as prescribed.
(B) The pharmacy shall maintain adequate storage or shipment containers and use shipping processes to ensure drug stability and potency. Such shipping processes shall include the use of packaging material and devices to ensure that the drug is maintained at an appropriate temperature range to maintain the integrity of the medication throughout the delivery process.
(C) The pharmacy shall utilize a delivery system which is designed to assure that the drugs are delivered to the appropriate patient.
(D) All Pharmacists shall exercise sound professional judgment with respect to the accuracy and authenticity of any prescription drug order they dispense. If the pharmacist questions the accuracy or authenticity of a prescription drug order, he/she shall verify the order with the practitioner prior to dispensing.
(E) Prior to dispensing a prescription, pharmacists shall determine, in the exercise of sound professional judgment, that the prescription is a valid prescription. A pharmacist may not dispense a prescription drug if the pharmacist knows or should have known that the prescription was issued on the basis of an Internet-based or telephonic consultation without a valid patient-practitioner relationship.
(F) Subparagraph (E) of this paragraph does not prohibit a pharmacist from dispensing a prescription when a valid patient-practitioner relationship is not present in an emergency situation (e.g. a practitioner taking calls for the patient's regular practitioner).
(2) Drug regimen review.
(A) For the purpose of promoting therapeutic appropriateness, a pharmacist shall prior to or at the time of dispensing a prescription drug order, review the patient's medication record. Such review shall at a minimum identify clinically significant:
(i) inappropriate drug utilization;
(ii) therapeutic duplication;
(iii) drug-disease contraindications;
(iv) drug-drug interactions;
(v) incorrect drug dosage or duration of drug treatment;
(vi) drug-allergy interactions; and
(vii) clinical abuse/misuse.
(B) Upon identifying any clinically significant conditions, situations, or items listed in subparagraph (A) of this paragraph, the pharmacist shall take appropriate steps to avoid or resolve the problem including consultation with the prescribing practitioner. The pharmacist shall document such occurrences.
(3) Patient counseling and provision of drug information.
(A) To optimize drug therapy, a pharmacist shall communicate to the patient or the patient's agent, information about the prescription drug or device which in the exercise of the pharmacist's professional judgment the pharmacist deems significant, such as the following:
(i) the name and description of the drug or device;
(ii) dosage form, dosage, route of administration, and duration of drug therapy;
(iii) special directions and precautions for preparation, administration, and use by the patient;
(iv) common severe side or adverse effects or interactions and therapeutic contraindications that may be encountered, including their avoidance, and the action required if they occur;
(v) techniques for self monitoring of drug therapy;
(vi) proper storage;
(vii) refill information; and
(viii) action to be taken in the event of a missed dose.
(B) Such communication:
(i) shall be provided with each new prescription drug order;
(ii) shall be provided for any prescription drug order dispensed by the pharmacy on the request of the patient or patient's agent;
(iii) shall be communicated orally in person unless the patient or patient's agent is not at the pharmacy or a specific communication barrier prohibits such oral communication; and
(iv) shall be reinforced with written information. The following is applicable concerning this written information:
(I) Written information designed for the consumer, such as the USP DI patient information leaflets, shall be provided.
(II) When a compounded product is dispensed, information shall be provided for the major active ingredient(s), if available.
(III) For new drug entities, if no written information is initially available, the pharmacist is not required to provide information until such information is available, provided:
(-a-) the pharmacist informs the patient or the patient's agent that the product is a new drug entity and written information is not available;
(-b-) the pharmacist documents the fact that no written information was provided; and
(-c-) if the prescription is refilled after written information is available, such information is provided to the patient or patient's agent.
(C) Only a pharmacist may orally provide drug information to a patient or patient's agent and answer questions concerning prescription drugs. Non-pharmacist personnel may not ask questions of a patient or patient's agent which are intended to screen and/or limit interaction with the pharmacist.
(D) If prescriptions are routinely delivered outside the area covered by the pharmacy's local telephone service, the pharmacy shall provide a toll-free telephone line which is answered during normal business hours to enable communication between the patient and a pharmacist.
(E) The pharmacist shall place on the prescription container or on a separate sheet delivered with the prescription container in both English and Spanish the local and toll-free telephone number of the pharmacy and the statement: "Written information about this prescription has been provided for you. Please read this information before you take the medication. If you have questions concerning this prescription, a pharmacist is available during normal business hours to answer these questions at (insert the pharmacy's local and toll-free telephone numbers)."
(F) The provisions of this paragraph do not apply to patients in facilities where drugs are administered to patients by a person required to do so by the laws of the state (i.e., nursing homes).
(G) Upon delivery of a refill prescription, a pharmacist shall ensure that the patient or patient's agent is offered information about the refilled prescription and that a pharmacist is available to discuss the patient's prescription and provide information.
(H) Nothing in this subparagraph shall be construed as requiring a pharmacist to provide consultation when a patient or patient's agent refuses such consultation. The pharmacist shall document such refusal for consultation.
(4) Labeling. At the time of delivery, the dispensing container shall bear a label with the name, physical address, and phone number of the pharmacy and comply with the pharmacy or drug laws or rules in the state in which the pharmacy is located.
(c) Generic Substitution. Unless compliance would violate the pharmacy or drug laws or rules in the state in which the pharmacy is located:
(1) a pharmacist in a Class E pharmacy may dispense a generically equivalent drug product if:
(A) the generic product costs the patient less than the prescribed drug product;
(B) the patient does not refuse the substitution; and
(C) the prescribing practitioner authorizes the substitution of a generically equivalent product; or
(D) the practitioner or practitioner's agent does not clearly indicate that the oral or electronic prescription drug order shall be dispensed as ordered; and
(2) Pharmacists shall use as a basis for the determination of generic equivalency as defined in the Subchapter A, Chapter 562 of the Act, the following.
(A) For drugs listed in the publication, pharmacists shall use Approved Drug Products with Therapeutic Equivalence Evaluations (Orange Book) and current supplements published by the Federal Food and Drug Administration, within the limitations stipulated in that publication, to determine generic equivalency. Pharmacists may only substitute products that are rated therapeutically equivalent in the Orange Book and have an "A" rating. "A" rated drug products include but are not limited to, those designated AA, AB, AN, AO, AP, or AT in the Orange Book.
(B) For drugs not listed in the Orange Book, pharmacists shall use their professional judgment to determine generic equivalency.
(3) The pharmacy must include on the prescription order form completed by the patient or the patient's agent information that clearly and conspicuously:
(A) states that if a less expensive generically equivalent drug is available for the brand prescribed, the patient or the patient's agent may choose between the generically equivalent drug and the brand prescribed; and
(B) allows the patient or the patient's agent to indicate the choice of the generically equivalent drug or the brand prescribed.
(d) Therapeutic Drug Interchange. A switch to a drug providing a similar therapeutic response to the one prescribed shall not be made without prior approval of the prescribing practitioner. This subsection does not apply to generic substitution. For generic substitution, see the requirements of subsection (c) of this section.
(1) The patient shall be notified of the therapeutic drug interchange prior to, or upon delivery, of the dispensed prescription to the patient. Such notification shall include:
(A) a description of the change;
(B) the reason for the change;
(C) whom to notify with questions concerning the change; and
(D) instructions for return of the drug if not wanted by the patient.
(2) The pharmacy shall maintain documentation of patient notification of therapeutic drug interchange which shall include:
(A) the date of the notification;
(B) the method of notification;
(C) a description of the change; and
(D) the reason for the change.
(e) Transfer of Prescription Drug Order Information. Unless compliance would violate the pharmacy or drug laws or rules in the state in which the pharmacy is located, a pharmacist in a Class E pharmacy may not refuse to transfer prescriptions to another pharmacy that is making the transfer request on behalf of the patient.
(f) Prescriptions for Schedule II controlled substances. Unless compliance would violate the pharmacy or drug laws or rules in the state in which the pharmacy is located, a pharmacist in a Class E pharmacy who dispenses a prescription for a Schedule II controlled substance issued on a Texas Official Prescription Form shall:
(1) mail a copy of the form to the Texas Department of Public Safety, Electronic Prescription Section, P.O. Box 4087, Austin, Texas 78773 within 30 days of dispensing; or
(2) electronically send the prescription information to the Texas Department of Public Safety per their requirements for electronic submissions within 30 days of dispensing.
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 May 19, 2008.
TRD-200802584
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: June 8, 2008
Proposal publication date: March 21, 2008
For further information, please call: (512) 305-8028
The Texas State Board of Pharmacy adopts amendments to §297.7 concerning Exemption from Pharmacy Certification Requirements. The amendments are adopted without changes to the proposed text as published in the March 21, 2008, issue of the Texas Register (33 TexReg 2469).
The amendments clarify that pharmacy technicians exempted from the certification requirements are required to register with the Board and are not exempted from registration requirements.
No comments were received.
The amendments are adopted under §551.002 and §554.051 of the Texas Pharmacy Act (Chapters 551 - 566 and 568 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by the amendments: Chapters 551 - 566 and 568 - 569, Texas Occupations Code.
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 May 19, 2008.
TRD-200802583
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: June 8, 2008
Proposal publication date: March 21, 2008
For further information, please call: (512) 305-8028
The Texas State Board of Pharmacy adopts amendments to §309.3 concerning Generic Substitution. The amendments are adopted with changes to the proposed text published in the March 21, 2008, issue of the Texas Register (33 TexReg 2471) based on comments received.
The amendments implement S.B. 625 passed by the 80th Texas Legislature requiring a joint committee comprised of equal number of members from the Texas State Board of Pharmacy (TSBP) and the Texas Medical Board to make a recommendation to TSBP on whether to include a drug on the list of narrow therapeutic index (NTI) drugs as required by §562.0142. The Joint Committee met on November 19, 2007, to consider adding certain immunosuppressant drugs to the NTI list. The Joint Committee met on January 14, 2008, to consider adding certain epileptic drugs to the NTI list. The Joint Committee recommended on both occasions that no drugs be added to the NTI list. In addition, the amendments rename Chapter 309 to Substitution of Drug Products.
Comments were received from Gardere, Wynne, Sewell, LLP and the National Association of Chain Drug Stores regarding typographical errors in the rule and the preamble. An incorrect section of the Texas Pharmacy Act was referenced. The Board agrees with the comments and changed the reference to the correct section of the Texas Pharmacy Act.
The amendments are adopted under §§551.002, 554.051, and 562.014 of the Texas Pharmacy Act (Chapters 551 - 566 and 568 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act. The Board interprets §562.014 as authorizing the Board in consultation with the Texas Medical Board, to establish by a rule a list of NTI drugs.
The statutes affected by the amendments: Chapters 551 - 566 and 568 - 569, Texas Occupations Code.
§309.3.Generic Substitution.
(a) General requirements.
(1) In accordance with Chapter 562 of the Act, a pharmacist may dispense a generically equivalent drug product if:
(A) the generic product costs the patient less than the prescribed drug product;
(B) the patient does not refuse the substitution; and
(C) the practitioner does not certify on the prescription form that a specific prescribed brand is medically necessary as specified in a dispensing directive described in subsection (c) of this section.
(2) If the practitioner has prohibited substitution through a dispensing directive in compliance with subsection (c) of this section, a pharmacist shall not substitute a generically equivalent drug product unless the pharmacist obtains verbal or written authorization from the practitioner and notes such authorization on the original prescription drug order.
(b) Prescription format for written prescription drug orders.
(1) A written prescription drug order issued in Texas may:
(A) be on a form containing a single signature line for the practitioner; and
(B) contain the following reminder statement on the face of the prescription: "A generically equivalent drug product may be dispensed unless the practitioner hand writes the words 'Brand Necessary' or 'Brand Medically Necessary' on the face of the prescription."
(2) A pharmacist may dispense a prescription that is not issued on the form specified in paragraph (1) of this subsection, however, the pharmacist may dispense a generically equivalent drug product unless the practitioner has prohibited substitution through a dispensing directive in compliance with subsection (c)(1) of this section.
(3) The prescription format specified in paragraph (1) of this subsection does not apply to the following types of prescription drug orders:
(A) prescription drug orders issued by a practitioner in a state other than Texas;
(B) prescriptions for dangerous drugs issued by a practitioner in the United Mexican States or the Dominion of Canada; or
(C) prescription drug orders issued by practitioners practicing in a federal facility provided they are acting in the scope of their employment.
(4) In the event of multiple prescription orders appearing on one prescription form, the practitioner shall clearly identify to which prescription(s) the dispensing directive(s) apply. If the practitioner does not clearly indicate to which prescription(s) the dispensing directive(s) apply, the pharmacist may substitute on all prescriptions on the form.
(c) Dispensing directive.
(1) Written prescriptions.
(A) A practitioner may prohibit the substitution of a generically equivalent drug product for a brand name drug product by writing across the face of the written prescription, in the practitioner's own handwriting, the phrase "brand necessary" or "brand medically necessary."
(B) The dispensing directive shall:
(i) be in a format that protects confidentiality as required by the Health Insurance Portability and Accountability Act of 1996 (29 U.S.C. Section 1181 et seq.) and its subsequent amendments; and
(ii) comply with federal and state law, including rules, with regard to formatting and security requirements.
(C) The dispensing directive specified in this paragraph may not be preprinted, rubber stamped, or otherwise reproduced on the prescription form.
(D) A practitioner may prohibit substitution on a written prescription only by following the dispensing directive specified in this paragraph. Two-line prescription forms, check boxes, or other notations on an original prescription drug order which indicate "substitution instructions" are not valid methods to prohibit substitution, and a pharmacist may substitute on these types of written prescriptions.
(2) Verbal Prescriptions.
(A) If a prescription drug order is transmitted to a pharmacist orally, the practitioner or practitioner's agent shall prohibit substitution by specifying "brand necessary" or "brand medically necessary." The pharmacists shall note any substitution instructions by the practitioner or practitioner's agent, on the file copy of the prescription drug order. Such file copy may follow the one-line format indicated in subsection (b)(1) of this section, or any other format that clearly indicates the substitution instructions.
(B) If the practitioner's or practitioner's agent does not clearly indicate that the brand name is medically necessary, the pharmacist may substitute a generically equivalent drug product.
(C) To prohibit substitution on a verbal prescription reimbursed through the medical assistance program specified in 42 C.F.R., §447.331:
(i) the practitioner or the practitioner's agent shall verbally indicate that the brand is medically necessary; and
(ii) the practitioner shall mail or fax a written prescription to the pharmacy which complies with the dispensing directive for written prescriptions specified in paragraph (1) of this subsection within 30 days.
(3) Electronic prescription drug orders.
(A) To prohibit substitution, the practitioner or practitioner's agent shall note "brand necessary" or "brand medically necessary" in the electronic prescription drug order.
(B) If the practitioner or practitioner's agent does not clearly indicate in the electronic prescription drug order that the brand is medically necessary, the pharmacist may substitute a generically equivalent drug product.
(C) To prohibit substitution on an electronic prescription drug order reimbursed through the medical assistance program specified in 42 C.F.R., §447.331, the practitioner shall fax a copy of the original prescription drug order which complies with the requirements of a written prescription drug order specified in paragraph (1) of this subsection within 30 days.
(4) Prescriptions issued by out-of-state, Mexican, Canadian, or federal facility practitioners.
(A) The dispensing directive specified in this subsection does not apply to the following types of prescription drug orders:
(i) prescription drug orders issued by a practitioner in a state other than Texas;
(ii) prescriptions for dangerous drugs issued by a practitioner in the United Mexican States or the Dominion of Canada; or
(iii) prescription drug orders issued by practitioners practicing in a federal facility provided they are acting in the scope of their employment.
(B) A pharmacist may not substitute on prescription drug orders identified in subparagraph (A) of this paragraph unless the practitioner has authorized substitution on the prescription drug order. If the practitioner has not authorized substitution on the written prescription drug order, a pharmacist shall not substitute a generically equivalent drug product unless:
(i) the pharmacist obtains verbal or written authorization from the practitioner (such authorization shall be noted on the original prescription drug order); or
(ii) the pharmacist obtains written documentation regarding substitution requirements from the State Board of Pharmacy in the state, other than Texas, in which the prescription drug order was issued. The following is applicable concerning this documentation.
(I) The documentation shall state that a pharmacist may substitute on a prescription drug order issued in such other state unless the practitioner prohibits substitution on the original prescription drug order.
(II) The pharmacist shall note on the original prescription drug order the fact that documentation from such other state board of pharmacy is on file.
(III) Such documentation shall be updated yearly.
(d) Substitution of dosage form.
(1) As specified in §562.012 of the Act, a pharmacist may dispense a dosage form of a drug product different from that prescribed, such as tablets instead of capsules or liquid instead of tablets, provided:
(A) the patient consents to the dosage form substitution;
(B) the pharmacist notifies the practitioner of the dosage form substitution; and
(C) the dosage form so dispensed:
(i) contains the identical amount of the active ingredients as the dosage prescribed for the patient;
(ii) is not an enteric-coated or time release product; and
(iii) does not alter desired clinical outcomes;
(2) Substitution of dosage form may not include the substitution of a product that has been compounded by the pharmacist unless the pharmacist contacts the practitioner prior to dispensing and obtains permission to dispense the compounded product.
(e) Refills.
(1) Original substitution instructions. All refills shall follow the original substitution instructions unless otherwise indicated by the practitioner or practitioner's agent.
(2) Narrow therapeutic index drugs.
(A) The board and the Texas Medical Board shall establish a joint committee to recommend to the board a list of narrow therapeutic index drugs and the rules, if any, by which this paragraph applies to those drugs. The committee must consist of an equal number of members from each board. The committee members shall select a member of the committee to serve as presiding officer for a one year term. The presiding officer may not represent the same board as the presiding officer's predecessor.
(B) The board, on the recommendation of the joint committee, has determined that no drugs shall be included on a list of narrow therapeutic index drugs as defined in §562.014, Occupations Code.
(i) The board has specified in §309.7 of this title (relating to dispensing responsibilities) that for drugs listed in the publication, pharmacist shall use as a basis for determining generic equivalency, Approved Drug Products with Therapeutic Equivalence Evaluations and current supplements published by the Federal Food and Drug Administration, within the limitations stipulated in that publication. For drugs listed in the publications, pharmacists may only substitute products that are rated therapeutically equivalent in the Approved Drug Products with Therapeutic Equivalence Evaluations and current supplements.
(ii) Practitioners may prohibit substitution through a dispensing directive in compliance with subsection (c) of this section.
(C) The board shall reconsider the contents of the list if:
(i) the Federal Food and Drug Administration determines a new equivalence classification which indicates that certain drug products are equivalent but special notification to the patient and practitioner is required when substituting these products; or
(ii) any interested person petitions the board to reconsider the list. If the board receives a petition to include a drug on the list, the joint committee specified in subparagraph (A) of this paragraph shall review the request and make a recommendation to the board.
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 May 19, 2008.
TRD-200802585
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: June 8, 2008
Proposal publication date: March 21, 2008
For further information, please call: (512) 305-8028
The Texas State Board of Examiners of Psychologists adopts amendments to §461.1, References by Board Members, with no changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1719).
The amendments are being adopted to make grammatical corrections to the rule.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
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 May 16, 2008.
TRD-200802555
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §461.2, Unofficial Statements and/or Decisions, with no changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1720).
The amendments are being adopted to make grammatical corrections to the rule.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
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 May 16, 2008.
TRD-200802556
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §461.5, Contents of License, with no changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1720).
The amendments are being adopted to make grammatical corrections to the rule.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
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 May 16, 2008.
TRD-200802557
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §461.6, File Updates, with no changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1721).
The amendments are being adopted to make grammatical corrections to the rule.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
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 May 16, 2008.
TRD-200802558
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §461.7, License Statuses, with changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1721).
The amendments are being adopted to clarify the rule.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
§461.7.License Statuses.
(a) Active Status. Any licensee with a license on active status may practice psychology pursuant to that license. Any license that is not on inactive, delinquent, retired, resigned, void or revoked status is considered to be on active status. Active status is the only status under which a licensee may engage in the practice of psychology.
(b) Inactive Status.
(1) A licensee may elect inactive status by applying to the Board and paying the fee set in Board rule §473.5(b) of this title (relating to Miscellaneous Fees (Not Refundable).
(2) Licensees who seek inactive status must return their license to the Board. A licensee may not practice psychology under an inactive license.
(3) A licensee may place his/her active license on inactive status for a period of two years. Reactivation of this license may occur at any time during this two-year period without the person having to take an exam provided that the person has notified the Board and has paid the required fees. At the end of the two-year period, if the license has not been reactivated, the license automatically becomes void. The inactive status may be extended for additional increments of two years if, prior to the end of each two-year period, the person notifies the Board in writing that an extension is requested and submits proof to the Board of continuous licensure by a psychology licensing board in this or another jurisdiction for the past two-year period and payment of all required fees. A licensee may indefinitely remain on inactive status if he/she is licensed in this or another jurisdiction and complies with the extension requirements set forth in this paragraph. Any licensee wishing to reactivate his/her license that has been on inactive status for four years or more must take and pass the Jurisprudence Exam with the minimum acceptable score as set forth in Board rule §463.14 of this title (relating to Written Examinations) unless the licensee holds another license on active status with this Board.
(4) Any licensee who returns to active status after having been on inactive status must provide proof of compliance with Board rule §461.11 of this title (relating to Continuing Education) before reactivation will occur.
(5) A licensee with a pending complaint may not place a license on inactive status. If disciplinary action is taken against a licensee's inactive license, the licensee must reactivate the license until the action has been terminated.
(6) Inactive status may be extended for two additional years upon the Board's review and approval of medical documentation of a catastrophic medical condition of the licensee. The request for this extension must be received in writing before the end of the current inactive status period and requires payment of the $100 inactive status fee.
(c) Delinquent Status. A licensee who fails to renew his/her license for any reason when required is considered to be on delinquent status. Any license delinquent for more than 12 consecutive months shall be void (non-payment). A licensee may not engage in the practice of psychology under a delinquent license. The Board may sanction a delinquent licensee for violations of Board rules.
(d) Restricted status. Any license that is currently suspended, on probated suspension, or is currently required to fulfill some requirements in a Board order is considered to be on restricted status. A licensee practicing under a restricted license must comply with any restrictions placed thereon by the Board.
(e) Retirement Status. A licensee who is on active or inactive status with the Board may retire by notifying the Board in writing prior to the renewal date for the license. A licensee seeking to retire after his or her renewal date must submit proof of compliance with the Board's continuing education requirement. A licensee with a pending complaint, a restricted license, or who is otherwise not in compliance with all applicable Board rules may not retire his or her license. Permission to retire will not be granted for the purpose of allowing a licensee to avoid compliance with Board rule §461.11 of this title applies, unless the licensee presents to the Board evidence of extreme medical hardship and the Board grants the request. A licensee who retires shall be reported to have retired in good standing.
(f) Resignation Status. A licensee may resign only upon express agreement by the Board. A licensee who resigns shall be reported as:
(1) Resigned in lieu of adjudication if permitted to resign while a complaint is pending;
(2) Resigned in lieu of further disciplinary action if permitted to resign while the license is subject to restriction; and
(g) Void (Non-Payment) Status. The Board may void any license that has been delinquent for 12 months or more or any inactive license that has expired. An individual may not engage in the practice of psychology under a void license. A license that has been voided may not be reinstated for any reason. A licensee whose license has been voided must submit a new application if he or she wishes to obtain a new license with the Board.
(h) Revoked Status. A license is revoked pursuant to Board Order requiring revocation as a disciplinary action.
This agency hereby certifies that the 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 May 16, 2008.
TRD-200802559
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §461.13, Errors, with no changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1722).
The amendments are being adopted to make grammatical corrections to the rule.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
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 May 16, 2008.
TRD-200802561
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §463.6, Regionally Accredited Institutions, with no changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1722).
The amendments are being adopted to make corrections to the rule.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
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 May 16, 2008.
TRD-200802562
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §463.8, Licensed Psychological Associate, with no changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1723).
The amendments are being adopted to make grammatical corrections to the rule.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
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 May 16, 2008.
TRD-200802560
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §463.9, Licensed Specialist in School Psychology, with changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1724).
The amendments are being adopted to clarify the requirement that LSSP interns enrolled in formal programs and LSSP trainees approved by the Board may provide psychological services in the public schools before obtaining licensure as LSSPs.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
§463.9.Licensed Specialist in School Psychology.
(a) Application Requirements. A completed application for licensure as a specialist in school psychology includes the following, in addition to the requirements set forth in §463.5 of this title (relating to Application File Requirements):
(1) Documentation of an appropriate graduate degree; and
(2) Documentation from the National School Psychologists' Certification Board sent directly to the Board indicating the applicant holds current valid certification as a National Certified School Psychologist (NCSP); or
(3) Documentation of the following sent directly to the Board:
(A) transcripts that verify that the applicant has met the requirements set forth in subsection (b) of this section;
(B) proof of the internship required by subsection (c) of this section if the applicant did not graduate from either a training program approved by the National Association of School Psychologists (NASP) or a training program in school psychology accredited by the American Psychological Association (APA);
(C) the score that the applicant received on the School Psychology Examination sent directly from the Education Testing Service; and
(D) three acceptable reference letters from three different individuals who are licensed as psychologists or specialists in school psychology or are credentialed in school psychology in their respective jurisdictions.
(b) Training Qualifications. Candidates for licensure as a specialist in school psychology who hold a currently valid NCSP certification or who have graduated from a training program approved by the NASP or accredited in School Psychology by the APA will be considered to have met the training and internship qualifications. All other applicants must have completed a graduate degree in psychology from a regionally accredited academic institution, and have completed at least 60 graduate level semester credit hours, also from a regionally accredited academic institution, no more than 12 of which may be internship hours. All 60 hours do not have to be obtained prior to the conferral of the graduate degree and the applicant need not be formally enrolled in a psychology program to obtain graduate hours after the degree date. For purposes of this rule, a graduate degree in psychology means the name of the candidate's major or program of studies must be titled psychology. These applicants must submit evidence of graduate level coursework as follows:
(1) Psychological Foundations, including:
(A) biological bases of behavior;
(B) human learning;
(C) social bases of behavior;
(D) multi-cultural bases of behavior;
(E) child or adolescent development;
(F) psychopathology or exceptionalities;
(2) Research and Statistics;
(3) Educational Foundations, including any of the following:
(A) instructional design;
(B) organization and operation of schools;
(C) classroom management; or
(D) educational administration;
(4) Assessment, including:
(A) psychoeducational assessment;
(B) socio-emotional, including behavioral and cultural, assessment;
(5) Interventions, including:
(A) counseling;
(B) behavior management;
(C) consultation;
(6) Professional, Legal and Ethical Issues; and
(7) A Practicum.
(c) Completion of internship. Applicants must have completed a minimum of 1200 hours, of which 600 must be in a public school. A formal internship or other site-based training must be provided through a formal course of supervised study from a regionally accredited institution of higher education in which the applicant was enrolled or be obtained in accordance with §463.11(c)(1) and (c)(2)(C) of this title (relating to Licensed Psychologist). The internship in the public school must be supervised by an individual qualified in accordance with §465.38 of this title (relating to Psychological Services in the Schools). Internship which is not obtained in a public school must be supervised by a licensed psychologist. No experience with a supervisor who is related within the second degree of affinity or within the second degree by consanguinity to the person, or is under Board disciplinary order, may be considered for specialist in school psychology licensure. Internships may not involve more than two sites (a school district is considered one site) and must be obtained in not less than one or more than two academic years. These individuals must be designated as interns. Direct, systematic supervision must involve a minimum of one face-to-face contact hour per week or two consecutive face-to-face contact hours once every two weeks with the intern. The internship must include direct intern application of assessment, intervention, behavior management, and consultation, for children representing a range of ages, populations and needs.
(d) Additional Requirements. In addition to the requirements of subsection (a) through (c) of this section, applicants for licensure as a specialist in school psychology must meet the requirements imposed under §501.255(a)(2) - (9) of the Psychologists' Licensing Act.
(e) Examinations. Applicants must take the National School Psychology Examination administered by the Educational Testing Service and obtain at least the current cut-off score for the NCSP before applying for the licensed specialist in school psychology. Following Board approval, an applicant for licensure as a specialist in school psychology must take and pass the Board's Jurisprudence Examination.
(f) Trainee Requirements. An applicant for the specialist in school psychology license who meets all requirements, prior to taking and passing the Jurisprudence examination, may, in accordance with §465.38(4) of this title (relating to Psychological Services in the Schools), practice under supervision as a trainee for not more than one calendar year.
(g) Provision of psychological services in the public schools by unlicensed individuals. An individual may legally provide psychological services in the public schools as an intern provided that the individual is enrolled in an internship, practicum or other site based training in a school psychology program in a regionally accredited institution of higher education. Once the individual has completed the internship required for licensure as an LSSP and is no longer enrolled in a formal program, the individual may not provide psychological services in the public schools. After the individual has passed the National School Psychology Examination, he or she must apply for licensure as an LSSP with the Board. After the Board has reviewed the LSSP application and approved the training of the applicant, the applicant will be issued an LSSP trainee status letter which allows the applicant to practice in accordance with the LSSP trainee requirements of this rule.
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 May 16, 2008.
TRD-200802563
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §463.10, Provisionally Licensed Psychologist, with changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1725).
The amendments are being adopted to make grammatical corrections to the rule.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
§463.10.Provisionally Licensed Psychologist.
(a) Application Requirements. An application for provisional licensure as a psychologist includes, in addition to the requirements set forth in Board rule §463.5 of this title (relating to Application File Requirements), an official transcript which indicates that the applicant has received a doctoral degree in psychology. Additionally, the applicant must meet the requirements of §501.255 of the Psychologists' Licensing Act.
(b) Degree Requirements.
(1) The applicant's transcript must state that the applicant has a doctoral degree that designates a major in psychology. Additionally, the doctoral degree must be from a regionally accredited institution.
(2) The substantial equivalence of a doctoral degree received prior to January 1, 1979, based upon a program of studies whose content is primarily psychological means a doctoral degree based on a program which meets the following criteria:
(A) Post-baccalaureate program in a regionally accredited institution of higher learning. The program must have a minimum of 90 semester hours, not more than 12 of which are credit for doctoral dissertation and not more than six of which are credit for master's thesis.
(B) The program, wherever it may be administratively housed, must be clearly identified and labeled. Such a program must specify in pertinent institutional catalogs and brochures its intent to educate and train professional psychologists.
(C) The program must stand as a recognizable, coherent organizational entity within the institution. A program may be within a larger administrative unit, e.g., department, area, or school.
(D) There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines. The program must have identifiable faculty and administrative heads who are psychologists responsible for the graduate program. Psychology faculty are individuals who are licensed or provisionally licensed or certified psychologists, or specialists of the American Board of Professional Psychology (ABPP), or hold a doctoral degree in psychology from a regionally accredited institution.
(E) The program must be an integrated, organized sequence of studies, e.g., there must be identifiable curriculum tracks wherein course sequences are outlined for students.
(F) The program must have an identifiable body of students who matriculated in the program.
(G) The program must include supervised practicum, internship, field or laboratory training appropriate to the practice of psychology. The supervised field work or internship must have been a minimum of 1,500 supervised hours, obtained in not less than a 12 month period nor more than a 24 month period. Further, this requirement cannot have been obtained in more than two placements or agencies.
(H) The curriculum shall encompass a minimum of two academic years of full-time graduate studies for those persons who have enrolled in the doctoral degree program after completing the requirements for a master's degree. The curriculum shall encompass a minimum of four academic years of full-time graduate studies for those persons who have entered a doctoral program following the completion of a baccalaureate degree and prior to the awarding of a master's degree. It is recognized that educational institutions vary in their definitions of full-time graduate studies. It is also recognized that institutions vary in their definitions of residency requirements for the doctoral degree.
(I) The following curricular requirements must be met and demonstrated through appropriate course work:
(i) Scientific and professional ethics related to the field of psychology.
(ii) Research design and methodology, statistics.
(iii) The applicant must demonstrate competence in each of the following substantive areas. The competence standard will be met by satisfactory completion at the B level of a minimum of six graduate semester hours in each of the four content areas. It is recognized that some doctoral programs have developed special competency examinations in lieu of requiring students to complete course work in all core areas. Graduates of such programs who have not completed the necessary semester hours in these core areas must submit to the Board evidence of competency in each of the four core areas.
(I) Biological basis of behavior: physiological psychology, comparative psychology, neuropsychology, sensation and perception, psycho-pharmacology.
(II) Cognitive-affective basis of behavior: Learning, thinking, motivation, emotion.
(III) Social basis of behavior: social psychology, group processes, organizational and system theory.
(IV) Individual differences: personality theory, human development, abnormal psychology.
(J) All educational programs which train persons who wish to be identified as psychologists will include course requirements in specialty areas. The applicant must demonstrate a minimum of 24 hours in his/her designated specialty area.
(3) Any person intending to apply for provisional licensure under the substantial equivalence clause must file with the Board an affidavit showing:
(A) Courses meeting each of the requirements noted in paragraph (2) of this subsection verified by official transcripts;
(B) Information regarding each of the instructors in the courses submitted as substantially equivalent;
(C) Appropriate, published information from the university awarding the degree, demonstrating that in paragraph (2)(A) - (J) of this subsection have been met.
(c) An applicant for provisional licensure as a psychologist who is accredited by Certificate of Professional Qualification in Psychology (CPQ) or the National Register or who is a specialist of ABPP will have met the following requirements for provisional licensure: submission of an official transcript which indicates the date the doctoral degree in psychology was awarded or conferred, submission of documentation of the passage of the national psychology examination at the doctoral level at the Texas cut-off score, and submission of three acceptable reference letters. All other requirements for provisional licensure must be met by these applicants. Additionally, these applicants must provide documentation sent directly from the qualifying entity to the Board office declaring that the applicant is a current member in the organization and has had no disciplinary action from any state or provincial health licensing board.
This agency hereby certifies that the 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 May 16, 2008.
TRD-200802564
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §463.11, Licensed Psychologist, with changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1726).
The amendments are being adopted to make grammatical corrections to the rule.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
§463.11.Licensed Psychologist.
(a) Application Requirements by Provisional Licensure. This application is provided free of charge to the applicant who has taken the Oral Examination. Upon passage of the Oral Examination, the applicant may submit the licensed psychologist application. An application for licensure as a psychologist includes, in addition to the requirements set forth in Board rule §463.5(1) of this title (relating to Application File Requirements):
(1) Documentation of current licensure as a provisionally licensed psychologist in good standing.
(2) Documentation indicating passage of the Board's Oral Examination.
(3) Documentation of two years of supervised experience from a licensed psychologist which satisfies the requirements of the Board. The formal year must be documented by the Director of Internship Training.
(4) Documentation of licensure in other jurisdictions, including information on disciplinary action and pending complaints, sent directly to the Board.
(b) Degree Requirements. The degree requirements for licensure as a psychologist are the same as for provisional licensure as stated in Board rule §463.10 of this title (relating to Provisionally Licensed Psychologist).
(c) Supervised Experience. In order to qualify for licensure, a psychologist must submit proof of two years of supervised experience, at least one year of which must have been received after the doctoral degree was officially conferred or completed, whichever is earliest, as shown on the official transcript, and at least one year of which must have been a formal internship. The formal internship year may be met either before or after the doctoral degree is conferred or completed. Supervised experience must be obtained in a minimum of two, and no more than three, calendar years, for full-time experience.
(1) General. All supervised experience for licensure as a psychologist, including the formal internship, must meet the following requirements:
(A) Experience may be obtained only in either a full-time or half-time setting.
(B) A year of full-time supervised experience is defined as a minimum of 35 hours per week employment/experience in not less than 12 consecutive calendar months in not more than two placements.
(C) A year of half-time supervised experience is defined as a minimum of 20 hours per week employment/experience in not less than 24 consecutive calendar months in not more than two placements.
(D) A year of full-time experience may be acquired through a combination of half-time and full-time employment/experience provided that the equivalent of a full-time year of supervision experience is satisfied.
(E) One calendar year from the beginning of ten consecutive months of employment/experience in an academic setting constitutes one year of experience.
(F) When supervised experience is interrupted, the Board may waive upon a showing of good cause by the supervisee, the requirement that the supervised experience be completed in consecutive months. Any consecutive experience obtained before or after the gap must be at least six months unless the supervisor remains the same. Waivers for such gaps are rarely approved and must be requested in writing and include sufficient documentation to permit verification of the circumstances supporting the request. No waiver will be granted unless the Board finds that the supervised experience for which the waiver is sought was adequate and appropriate. Good cause is defined as:
(i) unanticipated discontinuance of the supervision setting,
(ii) maternity or paternity leave of supervisee,
(iii) relocation of spouse or spousal equivalent,
(iv) serious illness of the supervisee, or serious illness in supervisee's immediate family.
(G) A rotating internship organized within a doctoral program is considered to be one placement.
(H) The experience requirement must be obtained after official enrollment in a doctoral program.
(I) All supervised experience must be received from a psychologist licensed at the time supervision is received.
(J) The supervising psychologist must be trained in the area of supervision provided to the supervisee.
(K) No experience which is obtained from a psychologist who is related within the second degree of affinity or within the second degree by consanguinity to the person may be considered.
(L) All supervised experience obtained for the purpose of licensure must be conducted in accordance with all applicable Board rules.
(M) Experience received from a psychologist while the psychologist is practicing subject to an Agreed Board Order or Board Order shall not, under any circumstances, qualify as supervised experience for licensure purposes regardless of the setting in which it was received. Psychologists who become subject to an Agreed Board Order or Board Order shall inform all supervisees of the Agreed Board Order or Board Order and assist all supervisees in finding appropriate alternate supervision.
(N) The supervisee shall be designated by a title that clearly indicates a supervisory licensing status such as "intern," "resident," "trainee," or "fellow." An individual who is a provisionally licensed psychologist may use this title so long as those receiving psychological services are clearly informed that the individual is under the supervision of a licensed psychologist. Use of a different job title is permitted only if the supervisee is providing services for a government facility or other facility exempted under §501.004 of the Act (Applicability) and the supervisee is using a title assigned by that facility.
(O) The supervisee and supervisor must clearly inform those receiving psychological services as to the supervisory status of the individual and how the patient or client may contact the supervising licensed psychologist directly.
(2) Formal Internship. At least one year of experience must be satisfied by one of the following types of formal internship:
(A) The successful completion of an internship program accredited by the American Psychological Association (APA); or
(B) The successful completion of an organized internship meeting all of the following criteria:
(i) It must constitute an organized training program which is designed to provide the intern with a planned, programmed sequence of training experiences. The primary focus and purpose of the program must be to assure breadth and quality of training.
(ii) The internship agency must have a clearly designated staff psychologist who is responsible for the integrity and quality of the training program and who is actively licensed/certified by the licensing board of the jurisdiction in which the internship takes place and who is present at the training facility for a minimum of 20 hours a week.
(iii) The internship agency must have two or more full-time licensed psychologists on the staff as primary supervisors.
(iv) Internship supervision must be provided by a staff member of the internship agency or by an affiliate of that agency who carries clinical responsibility for the cases being supervised.
(v) The internship must provide training in a range of assessment and intervention activities conducted directly with patients/clients.
(vi) At least 25% of trainee's time must be in direct patient/client contact (minimum 375 hours).
(vii) The internship must include a minimum of two hours per week (regardless of whether the internship was completed in one year or two) of regularly scheduled formal, face-to-face individual supervision. There must also be at least two additional hours per week in learning activities such as: case conferences involving a case in which the intern was actively involved; seminars dealing with psychology issues; co-therapy with a staff person including discussion; group supervision; additional individual supervision.
(viii) Training must be post-clerkship, post-practicum and post-externship level.
(ix) The internship agency must have a minimum of two full-time equivalent interns at the internship level of training during applicant's training period.
(x) The internship agency must inform prospective interns about the goals and content of the internship, as well as the expectations for quantity and quality of trainee's work; or
(C) The successful completion of an organized internship program in a school district meeting the following criteria:
(i) The internship experience must be provided at or near the end of the formal training period.
(ii) The internship experience must occur on a full-time basis over a period of one academic year, or on a half-time basis over a period of two consecutive academic years.
(iii) The internship experience must be consistent with a written plan and must meet the specific training objectives of the program.
(iv) The internship experience must occur in a setting appropriate to the specific training objectives of the program.
(v) At least 600 clock hours of the internship experience must occur in a school setting and must provide a balanced exposure to regular and special educational programs.
(vi) The internship experience must occur under conditions of appropriate supervision. Field-based internship supervisors, for the purpose of the internship that takes place in a school setting, must be licensed as a psychologist and, if a separate credential is required to practice school psychology, must have a valid credential to provide psychology in the public schools. The portion of the internship which appropriately may take place in a non-school setting must be supervised by a psychologist.
(vii) Field-based internship supervisors must be responsible for no more than two interns at any given time. University internship supervisors shall be responsible for no more than twelve interns at any given time.
(viii) Field-based internship supervisors must provide at least two hours per week of direct supervision for each intern. University internship supervisors must maintain an ongoing relationship with field-based internship supervisors and shall provide at least one field-based contact per semester with each intern.
(ix) The internship site shall inform interns concerning the period of the internship and the training objectives of the program.
(x) The internship experience must be systematically evaluated in a manner consistent with the specific training objectives of the program.
(xi) The internship experience must be conducted in a manner consistent with the current legal-ethical standards of the profession.
(xii) The internship agency must have a minimum of two full-time equivalent interns at the internship level during the applicant's training period.
(xiii) The internship agency must have the availability of at least two full-time equivalent psychologists as primary supervisors, at least one of whom is employed full time at the agency and is a school psychologist.
(3) Industrial/Organizational Requirements. Individuals enrolled in an Industrial/Organizational doctoral degree program are exempt from the formal internship requirement and must complete two full years of supervised experience, at least one of which must be received after the doctoral degree is conferred and both of which must meet the requirements of paragraph (1) of this subsection. Individuals who do not undergo a formal internship pursuant to this paragraph should note that Board rules prohibit a psychologist from practicing in an area in which she does not have sufficient training and experience, of which a formal internship year is considered to be an integral requirement.
This agency hereby certifies that the 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 May 16, 2008.
TRD-200802565
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §463.14, Written Examinations, with no changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1729).
The amendments are being adopted to make grammatical corrections to the rule.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
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 May 16, 2008.
TRD-200802566
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §463.15, Oral Examination, with changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1729).
The amendments are being adopted to make grammatical corrections to the rule.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
§463.15.Oral Examination.
(a) Application Requirements. An application for the Oral Examination includes an application form, current passport picture of the applicant and required fee.
(b) Eligibility. To be eligible for licensure as a psychologist, all provisionally licensed psychologists shall be required to take and pass the Oral Examination administered by the Board. Only provisionally licensed psychologists may apply to take the Oral Examination. The Board shall waive this requirement for Specialists of the American Board of Professional Psychology, Health Service Providers listed in the National Register and for individuals who qualify for licensure under reciprocity.
(c) A candidate for the Oral Examination must demonstrate sufficient entry-level knowledge of the practice of psychology to pass the examination based on the following standards:
(1) A candidate must have a total score of 64 or above from each of the two examiners to pass the examination.
(2) Scores are based on the demonstrated abilities of the candidate in nine content areas with a possible score in each content score of 9 points for a well articulated verbal answer, 8 points for a good or passing answer, 3 points for a weak, vague or incomplete answer, and minus 10 points for an answer that is substantially incomplete or incorrect.
(3) The nine content areas are as follows:
(A) Identifies the problems (e.g. initial hypotheses, differential diagnoses, etc.);
(B) Identifies a specific and plausible strategy for gathering further data to refine the problem definition (e.g. psychometrics, observation data collection, etc.);
(C) Develops a realistic intervention or action plan on the basis of the initial formulation;
(D) Recognizes and can formulate an effective response to crises;
(E) Attends to cultural and diversity issues;
(F) Demonstrates awareness of professional limitations;
(G) Can recognize and apply laws which are relevant to the case;
(H) Can recognize and apply professional standards that are relevant; and
(I) Can recognize and apply ethical standards or ethical reasoning pertinent to the case.
(4) Each candidate is presented with a vignette, which is representative of a situation commonly encountered in the area of testing. Candidates are required to articulate a case formulation according to a standard or model that is generally recognized in their area of testing. Candidates are required to respond to questions associated with each vignette.
(5) Areas of psychology in which a candidate may choose to be tested are: clinical, counseling, school, neuropsychological, and industrial and organizational.
(d) Each candidate receives an informational brochure prior to the Oral Examination.
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 May 16, 2008.
TRD-200802567
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §463.18, Failing Written/Oral Examinations, with changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1730).
The amendments are being adopted to make grammatical corrections to the rule.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
§463.18.Failing Written/Oral Examinations.
Applicants who fail the written examinations or the Oral Examination are permitted to take them again by paying additional examination fees. Split decisions on the Oral Examination are considered to be failures.
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 May 16, 2008.
TRD-200802568
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §463.21, Board Members as Reviewers of Examination, with changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1731).
The amendments are being adopted to make grammatical corrections to the rule.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
§463.21.Board Members as Reviewers of Examination.
All Board members serve as reviewers of written and Oral Examination materials and procedures unless a member is matriculated in a graduate program in psychology or is related within the second degree of affinity or within the second degree of consanguinity to a person who matriculated in a graduate program in psychology.
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 May 16, 2008.
TRD-200802578
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §463.24, Oral Examination Work Group, with changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1731).
The amendments are being adopted to make grammatical corrections to the rule.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
§463.24.Oral Examination Work Group.
(a) The Board establishes a work group of Oral Examination consultants for the purpose of improving the consistency of the administration and the objectivity of the examination. Qualifications of the consultants are set by Board rule §463.23 of this title (relating to Criteria for Examination Consultants). Members of the work group must be approved by the Board or its designee.
(b) The work group will include persons interested in or affected by the regulation of the practice of psychology, including faculty members of college or university psychology departments and licensees with varying levels of experience.
(c) The work group shall:
(1) review audiotapes of passed or failed examinations;
(2) review analyses of the performance of persons who failed the examination provided under §501.256(e) of the Act;
(3) assess scoring criteria and clinical scenarios used in the administration of the examination;
(4) recommend improvements to standardize the administration of the examination; and
(5) conduct other appropriate tasks.
(6) The Chair of the Work Group will be appointed by the Board from among the consultants. The Chair will call the meetings of the consultants and direct the work group's activities.
(e) The Chair of the Board's Oral Examination Committee will serve as the Board's liaison to the Oral Examination work group. This Board member will communicate the mission, goals and tasks to the work group. This Board member will serve as a resource to the work group but will not directly participate in the evaluation of the Oral Examination. This Board member will be responsible for ensuring that the recommendations of the work group approved by the Board are implemented.
(f) The work group will report at least biennially to the Board the group's recommendations for improving the consistency of the administration and objectivity of the Oral Examination. The Board will modify the oral examination, as necessary, based on the work group's recommendations for the next administration of the Oral Examination.
(g) The first report of the work group must be submitted to the Board no later than January 2006. Necessary modifications to the Oral Examination based on the recommendations of the work group must be made to the examination by the January 2007 examination.
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 May 16, 2008.
TRD-200802569
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §463.26, Health Service Provider in Psychology, with changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1732).
The amendments are being adopted to make grammatical corrections to the rule.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
§463.26.Health Service Provider in Psychology Specialty Certification.
(a) Health Service Provider (HSP) in Psychology is a specialty certification from the Board available to Texas licensed psychologists who are listed in the National Register of Health Service Providers. The National Register defines a health service provider as one who is trained and experienced in the delivery of direct, preventive, assessment, and therapeutic intervention services to individuals whose growth, adjustment, or functioning is impaired, or to individuals who otherwise seek services. This credential does not constitute a license to practice psychology under the Act. The Board will continue to recognize all individuals who were certified as HSP by the Board prior to January 1, 1998, and who remain in good standing.
(b) Requirements for this credential as of January 1, 1998, are:
(1) Current, active licensure by the Board as a psychologist; and
(2) Documentation submitted directly to the Board from the National Register of HSP in Psychology that the applicant is currently designated as an HSP with the National Register.
(3) Active status as an HSP in psychology requires annual renewal and payment of an annual renewal fee. After one year, if the licensee fails to renew this specialty certification, it is void. To obtain specialty certification again, reapplication is required.
This agency hereby certifies that the 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 May 16, 2008.
TRD-200802570
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §463.27, Temporary License for Persons Licensed in Other States, with changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1732).
The amendments are being adopted to make grammatical corrections to the rule.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
§463.27.Temporary License for Persons Licensed in Other States.
(a) Temporary licensure is available to applicants for a period of not longer than 30 days from the time the application is approved until the expiration of the 30 days, provided the applicant meets the following conditions:
(1) Submission of a completed application for temporary licensure, including a brief description of the type of psychological service to be provided which is acceptable to the Board and the requested time period for the temporary license;
(2) Submission of the required fee;
(3) Submission of proof that the applicant holds current licensure to practice as a licensed psychologist or a licensed psychological associate in another state where licensing requirements are substantially equivalent to the Act and Rules of the Board;
(4) Submission of documentation directly from the state in which the applicant is currently licensed indicating that the applicant is in good standing; and
(5) The applicant provides documentation that the applicant has passed the Examination for Professional Practice in Psychology at the Texas cut-off for the type of temporary license sought.
(b) Licensed psychologists and licensed psychological associates with temporary licenses must practice in adherence to the Board rule §465.2(h) of this title (relating to Supervision), and may consult with the supervising Texas licensed psychologist.
(c) The specific period of time for which the applicant is issued a temporary license is stated in the Board's approval letter which issues the temporary license.
(d) Substantial equivalency of the other state may be documented by the applicant providing a copy of the other board's rules and regulations with pertinent sections highlighted to indicate training and exam requirements for a particular type of license. This material is then reviewed for substantial equivalency by the Board.
(e) A temporary license is not available to an applicant for permanent licensure in this state. Upon receipt of an application for a permanent license, the Board nullifies a temporary license and the individual can no longer practice legally in Texas.
(f) The holder of a temporary license will not be further notified as to the ending date of the temporary license, other than the ending date that is provided in the initial issuance letter. Practicing with an expired temporary license is illegal and may subject the individual to disciplinary review by the Board.
(g) Purposes for which a temporary license may be issued include: to serve as an expert witness in court, to assist a patient in transition to a mental health practitioner in Texas, and otherwise as approved by the Board.
(h) Applicants for temporary licenses who hold current status as Certificate of Professional Qualification in Psychology National Health Service Provider, or American Board of Professional Psychology may have documentation from the credentialing entity sent directly to the Board as compliance with and in lieu of subsections (a)(3) and (5) of this section.
This agency hereby certifies that the 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 May 16, 2008.
TRD-200802571
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §465.3, Providers of Psychological Services, with no changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1734).
The amendments are being adopted to clarify the requirements for contracting for psychological services in exempt settings.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
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 May 16, 2008.
TRD-200802572
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §465.16, Evaluation, Assessment, Testing, and Reports, with no changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1735).
The amendments are being adopted to clarify the rule.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
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 May 16, 2008.
TRD-200802573
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §465.22, Psychological Records, Test Data and Test Protocols, with no changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1737).
The amendments are being adopted to correct grammatical and punctuation errors in this rule.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
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 May 16, 2008.
TRD-200802574
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §465.37, Compliance with All Applicable Laws, with no changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1738).
The amendments are being adopted to identify an important state law to which licensees must adhere.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
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 May 16, 2008.
TRD-200802575
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §469.7, Persons with Criminal Backgrounds, with no changes to the proposed text published in the March 28, 2008, issue of the Texas Register (33 TexReg 2636).
The amendments are being adopted to clarify the rule and make it concur with Chapter 53 of the Occupations Code.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
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 May 16, 2008.
TRD-200802577
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: March 28, 2008
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts amendments to §470.9, Witness Fees, with no changes to the proposed text published in the February 29, 2008, issue of the Texas Register (33 TexReg 1739).
The amendments are being adopted to make grammatical corrections to the rule.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
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 May 16, 2008.
TRD-200802576
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 5, 2008
Proposal publication date: February 29, 2008
For further information, please call: (512) 305-7706
Chapter 543. RULES RELATING TO THE PROVISIONS OF THE TEXAS TIMESHARE ACT
The Texas Real Estate Commission (TREC) adopts amendments to §543.2, concerning Amendments, §543.4, concerning Forms, and §543.10, concerning Escrow Requirements without changes to the proposed text as published in the March 21, 2008, issue of the Texas Register (33 TexReg 2478) and will not be republished.
The amendments to §543.2 and §543.10 change the notice requirements for developers to notify TREC of a change in the amount of a surety bond under §221.063(a) of the Texas Timeshare Act. Currently, a developer is required to file an amendment to a registration if there is a change of more than 20% in the amount of an original surety bond. The amendments would delete that requirement to amend the registration, but a developer would be required to notify the commission of any increase or decrease in the original surety bond as provided for in §221.063(a) of the Texas Timeshare Act.
The amendment to §543.4 would adopt by reference an amended Application for Abbreviated Registration of a Timeshare Plan, Form TSR 3-2 to make the form consistent with the text in the Application to Register a Timeshare Plan, Form TSR 1-4.
The reasoned justification for the rule as adopted is efficiency and cost savings to TREC. Processing developers' written notification of changes to the amount of surety bonds will require dramatically less staff time than processing formal amendments to their timeshare registrations, while still ensuring that the information is provided to the agency.
No comments were received regarding the amendments as proposed.
The amendments are adopted under the Texas Government Code, §221.024, which authorizes the Texas Real Estate Commission to prescribe and publish forms and adopt rules necessary to carry out the provisions of The Texas Timeshare Act.
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 May 19, 2008.
TRD-200802603
Loretta R. DeHay
General Counsel and Assistant Administrator
Texas Real Estate Commission
Effective date: June 8, 2008
Proposal publication date: March 21, 2008
For further information, please call: (512) 465-3900