PART 21. TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
CHAPTER 469. COMPLAINTS AND ENFORCEMENT
The Texas State Board of Examiners of Psychologists adopts amendments to §469.1, Timeliness of Complaints, with changes to the proposed text published in the February 27, 2009, issue of the Texas Register (34 TexReg 1373) and will be republished.
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.
§469.1.Timeliness of Complaints.
(a) A complaint is timely filed if it is received by the Board, in proper form, within five years of the date of the termination of professional services.
(b) A complaint alleging sexual misconduct by a licensee is timely filed if received within ten years of the termination of services or the patient's reaching the age of majority.
(c) Any statute of limitations applying to a complaint filed against a licensee by a health licensing board in another jurisdiction, or filed by another health licensing board in Texas, begins after that jurisdiction's or authority's investigation is complete.
(d) A complaint based on discipline in another jurisdiction is timely filed within five years of the date that the board receives notice of the 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 1, 2009.
TRD-200901647
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: May 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts the repeal of §469.11, Legal Actions Reported, without changes to the proposed text published in the February 27, 2009, issue of the Texas Register (34 TexReg 1373) and will not be republished.
The repeal is being adopted to be replaced with an extended, clarified rule.
The adopted repeal will help to ensure protection of the public.
No comments were received regarding the adoption of the repeal.
The repeal is 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 1, 2009.
TRD-200901648
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: May 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 305-7706
The Texas State Board of Examiners of Psychologists adopts new §469.11, Legal Actions Reported and Reciprocal Discipline, without changes to the proposed text published in the February 27, 2009, issue of the Texas Register (34 TexReg 1374) and will not be republished.
The new rule is adopted to replace the repealed §469.11 with an extended, clarified rule.
The adopted new rule is to clarify the former rule and to add a new provision regarding disciplinary actions.
No comments were received regarding the adoption of the new rule.
The new rule is 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 1, 2009.
TRD-200901649
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: May 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 305-7706