Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 3. Oil and Gas Division Conservation Rules and Regulations 16 TAC sec.sec.3.5, 3.8, 3.14, 3.68, 3.76 The Railroad Commission of Texas is renewing the effectiveness of the emergency adoption of amended sec.sec.3.5, 3.8, 3.14, 3.68, and 3.76, for a 60-day period effective December 30, 1991. The text of amended sec.sec.3.5, 3.8, 3.14, 3.68, and 3.76 was originally published in the August 30, 1991, issue of the Texas Register (16 TexReg 4711). Issued in Austin, Texas, on December 18, 1991. TRD-9116069 Martha V. Swanger Hearings Examiner, Gas Utilities-LP Gas Section/Legal Division Railroad Commission of Texas Effective date: December 30, 1991 Expiration date: February 28, 1992 For further information, please call: (512) 463-6768 Chapter 5. Transportation Division Subchapter B. Operating Certificates, Permits, and Licenses 16 TAC sec.5.37 The Railroad Commission of Texas is renewing the effectiveness of the emergency adoption of amended sec.5.37, for a 60-day period effective December 30, 1991. The text of amended sec.5.37 was originally published in the August 27, 1991, issue of the Texas Register (16 TexReg 4673). Issued in Austin, Texas, on December 18, 1991. TRD-9116059 Martha V. Swanger Hearings Examiner, Gas Utilities-LP Gas Section/Legal Division Railroad Commission of Texas Effective date: December 30, 1991 Expiration date: January 14, 1992 For further information, please call: (512) 463-7094 16 TAC sec.5.40 The Railroad Commission of Texas is renewing the effectiveness of the emergency adoption of amended sec.5.40, for a 60-day period effective December 30, 1991. The text of amended sec.5.40 was originally published in the August 27, 1991, issue of the Texas Register (16 TexReg 4673). Issued in Austin, Texas, on December 18, 1991. TRD-9116060 Martha V. Swanger Hearings Examiner, Gas Utilities-LP Gas Section/Legal Division Railroad Commission of Texas Effective date: December 30, 1991 Expiration date: January 14, 1992 For further information, please call: (512) 463-7094 Subchapter L. Insurance Requirements 16 TAC sec.5.184 The Railroad Commission of Texas is renewing the effectiveness of the emergency adoption of amended sec.5.184, for a 60-day period effective December 30, 1991. The text of amended sec.5.184 was originally published in the August 27, 1991, issue of the Texas Register (16 TexReg 4673). Issued in Austin, Texas, on December 18, 1991. TRD-9116061 Martha V. Swanger Hearings Examiner, Gas Utilities-LP Gas Section/Legal Division Railroad Commission of Texas Effective date: December 30, 1991 Expiration date: January 14, 1992 For further information, please call: (512) 463-7094 Subchapter R. Registration of Interstate Operting Authority 16 TAC sec.5.346 The Railroad Commission of Texas is renewing the effectiveness of the emergency adoption of amended sec.5.346, for a 60-day period effective December 30, 1991. The text of amended sec.5.346 was originally published in the August 27, 1991, issue of the Texas Register (16 TexReg 4673). Issued in Austin, Texas, on December 18, 1991. TRD-9116062 Martha V. Swanger Hearings Examiner, Gas Utilities-LP Gas Section/Legal Division Railroad Commission of Texas Effective date: December 30, 1991 Expiration date: January 14, 1992 For further information, please call: (512) 463-7094 Subchapter T. Registration of Operations Exempt from ICC Registrations 16 TAC sec.5.386 The Railroad Commission of Texas is renewing the effectiveness of the emergency adoption of amended sec.5.386, for a 60-day period effective December 30, 1991. The text of amended sec.5.386 was originally published in the August 27, 1991, issue of the Texas Register (16 TexReg 4674). Issued in Austin, Texas, on December 18, 1991. TRD-9116063 Martha V. Swanger Hearings Examiner, Gas Utilities-LP Gas Section/Legal Division Railroad Commission of Texas Effective date: December 30, 1991 Expiration date: January 14, 1992 For further information, please call: (512) 463-7094 Subchapter U. General and Special Rules of Practice and Procedure 16 TAC sec.5.458 The Railroad Commission of Texas is renewing the effectiveness of the emergency adoption of amended sec.5.458, for a 60-day period effective December 30, 1991. The text of amended sec.5.458 was originally published in the August 27, 1991, issue of the Texas Register (16 TexReg 4674). Issued in Austin, Texas, on December 18, 1991. TRD-9116064 Martha V. Swanger Hearings Examiner, Gas Utilities-LP Gas Section/Legal Division Railroad Commission of Texas Effective date: December 30, 1991 Expiration date: January 14, 1992 For further information, please call: (512) 463-7094 Subchapter W. Registration of Commerical Carriers 16 TAC sec.5.502 The Railroad Commission of Texas is renewing the effectiveness of the emergency adoption of amended sec.5.502, for a 60-day period effective December 30, 1991. The text of amended sec.5.502 was originally published in the August 27, 1991, issue of the Texas Register (16 TexReg 4674). Issued in Austin, Texas, on December 18, 1991. TRD-9116065 Martha V. Swanger Hearings Examiner, Gas Utilities-LP Gas Section/Legal Division Railroad Commission of Texas Effective date: December 30, 1991 Expiration date: January 14, 1992 For further information, please call: (512) 463-7094 16 TAC sec.5.503 The Railroad Commission of Texas is renewing the effectiveness of the emergency adoption of amended sec.5.503, for a 60-day period effective December 30, 1991. The text of amended sec.5.503 was originally published in the August 27, 1991, issue of the Texas Register (16 TexReg 4674). Issued in Austin, Texas, on December 18, 1991. TRD-9116066 Martha V. Swanger Hearings Examiner, Gas Utilities-LP Gas Section/Legal Division Railroad Commission of Texas Effective date: December 30, 1991 Expiration date: January 14, 1992 For further information, please call: (512) 463-7094 16 TAC sec.5.507 The Railroad Commission of Texas is renewing the effectiveness of the emergency adoption of amended sec.5.507, for a 60-day period effective December 30, 1991. The text of amended sec.5.507 was originally published in the August 27, 1991, issue of the Texas Register (16 TexReg 4675). Issued in Austin, Texas, on December 18, 1991. TRD-9116067 Martha V. Swanger Hearings Examiner, Gas Utilities-LP Gas Section/Legal Division Railroad Commission of Texas Effective date: December 30, 1991 Expiration date: January 14, 1992 For further information, please call: (512) 463-7094 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 128. Licensure and Regulation of Marriage and Family Therapists Subchapter A. Introduction. The Texas Department of Health (department) adopts on an emergency basis new sec.sec.128.1, 128.2, 128.11-128.20, 128.41-128.51, 128.71-128.73, 128.91- 128.94, 128.111-128.114, 128.141-128.144, 128.171-128.174, 128.201-128.203, 128.231-128.237, 128.261-128.270, 128.291-128. 295, 128.321, 128.322, 128.331- 128.339, concerning licensure and regulation of marriage and family therapists. The new sections will implement the Licensed Marriage and Family therapists Act, Acts 1991, 72nd Legislature, Chapter 824 (Senate Bill 181) concerning the licensure and regulation of marriage and family therapists. The new sections will cover the following areas: purpose; definitions; procedure and duties of the Texas State Board of Examiners of Marriage and Family Therapists; a code of ethics for therapists; application procedures for examination and licensure; criteria for determining fitness of applicants for examination and licensure; academic and experience requirements for examination and licensure; licensure examinations; issuance of licenses; license renewal and inactive status; continuing education requirements; complaints and violations; licensing persons with criminal backgrounds; and hearing procedures for denial, suspension, or revocation of licenses. The reason for the emergency adoption is as follows. Senate Bill 181 became effective on September 1, 1991, and requires the Texas Board of Health to adopt rules to implement the law. Since it is imperative that the board adopt rules as soon as possible to comply with the statutory mandate, the board is adopting the rules on an emergency basis. The rules also are being proposed for permanent adoption in this issue of the Texas Register. 25 TAC sec.128.1, sec.128.2 The new sections are adopted on an emergency basis under Acts 1991, 72nd Legislature, Chapter 824, (Senate Bill 181), sec.13, which provides the Texas Board of Health, with the advice of the Texas State Board of Examiners of Marriage and Family Therapists, with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists; Health and Safety Code, sec.12.001, which provides the Texas Board of Health with the authority to adopt rules to implement every duty imposed by law on the Texas Board of Health, the department, and the commissioner of health; and Texas Civil Statutes, Article 6252-13a, sec.5, which provide the board with authority to adopt emergency rules. sec.128.1. Purpose. The purpose of these sections is to implement the provisions in the Marriage and Family Therapist Act, Acts 1991, 72nd Legislature, Chapter 824, (Senate Bill 181) concerning the licensure and regulation of marriage and family therapists. sec.128.2. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Act-The Licensed Marriage and Family Therapist Act relating to the licensing and regulation of marriage and family therapists, Acts 1991, 72nd Legislature, Chapter 824 (Senate Bill 181). APTRA-The Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a. Board-The Texas State Board of Examiners of Marriage and Family Therapists. Board of Health -The Texas Board of Health. Contested case -A proceeding in accordance with APTRA and this chapter, including, but not limited to, rule enforcement and licensing, in which the legal rights, duties, or privileges of a party are to be determined by the board after an opportunity for an adjudicative hearing. Department-The Texas Department of Health. Formal hearing -A hearing or proceeding in accordance with this chapter, including a contested case as defined in this section to address the issues of a contested case. Hearing examiner -An attorney duly designated and appointed by the chairperson of the board who conducts hearings under this chapter on behalf of the board. Investigator-A professional complaint investigator employed by the Texas Department of Health. Licensed marriage and family therapist-An individual who offers to provide marriage and family therapy for compensation. Licensee-Any person licensed by the Texas State Board of Examiners of Marriage and Family Therapists. Marriage and family therapy-The rendering of professional therapeutic services to individuals, families, or married couples, singly or in groups, and involves the professional application of family systems, theories, and techniques in the delivery of therapeutic services to those persons. The term includes the evaluation and remediation of cognitive, affective, behavioral, or relational dysfunction within the context of marriage or family systems. Month-A calendar month. Party-Each person, governmental agency, or officer or employee of a governmental agency named by the hearing examiner as having a justiciable interest in the matter being considered, or any person, governmental agency, or officer or employee of a governmental agency meeting the requirements of a party as prescribed by applicable law. Person-An individual, corporation, partnership, or other legal entity. Pleading-Any written allegation filed by a party concerning its claim or position. Revoke/revocation-The board may recognize that the license of a person is expired and that person may not advertise, practice, or represent himself or herself as a therapist in any manner. Rules-The rules in this chapter covering the designated policies and procedures of operation for the board and for individuals affected by the Act. Therapist-A Texas licensed marriage and family therapist. Waiver-The suspension of educational, professional, and/or examination requirements for applicants who meet the criteria for licensure under special conditions. Year-A calendar year. Issued in Austin, Texas, on December 16, 1991. TRD-9115925 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: December 16, 1991 Expiration date: April 14, 1992 For further information, please call: (512) 459-2912 Subchapter B. The Board 25 TAC sec.sec.128.11-128.20 The new sections are adopted on an emergency basis under Acts 1991, 72nd Legislature, Chapter 824, (Senate Bill 181), sec.13, which provides the Texas Board of Health, with the advice of the Texas State Board of Examiners of Marriage and Family Therapists, with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists; Health and Safety Code, sec.12.001, which provides the Texas Board of Health with the authority to adopt rules to implement every duty imposed by law on the Texas Board of Health, the department, and the commissioner of health; and Texas Civil Statutes, Article 6252-13a, sec.5, which provide the board with authority to adopt emergency rules. sec.128.11. General/Introduction. (a) Purpose. The purpose of this subchapter is to clarify the organization, administration, and other general procedures and policies concerning the operation of the Texas State Board of Examiners of Marriage and Family Therapists (board). (b) Board. The Texas State Board of Examiners of Marriage and Family Therapists is composed of nine members appointed by the governor. Four members must be selected from the general public. Five members must be eligible for licensure under the Act, at least one of whom must be a professional educator in marriage and family therapy. These members must have engaged in the practice or education of marriage and family therapy for at least five years, or have 5,000 hours of clinical experience in the practice of marriage and family therapy. (c) Terms. Members of the board hold office for staggered six-year terms. Three members' terms expire February 1 of each odd-numbered year. (d) Vacancies. In the event of a vacancy, the governor shall appoint a replacement who meets the qualifications of the vacated office to fill the unexpired part of the term. (e) Elections. At the meeting held nearest to August 31 of each year, the board shall elect, by a majority vote of the members present, a chair, and a vice- chair. (f) Officers. (1) Chair. (A) The chair shall preside at all meetings at which he or she is in attendance and shall perform all duties prescribed by law and board rules. (B) The chair is authorized by the board to make minor procedural decisions regarding board activities in order to facilitate the responsiveness and effectiveness of the board. The executive director shall keep a tabulation of the minor procedural decisions and include them in the executive director's report to the board. (C) The chair shall sign the approved minutes of each meeting. (2) Vice-chair. (A) The vice-chair shall perform the duties of the chair in the absence or disability of the chair. (B) Should the office of the chair become vacant, the vice-chair shall serve until a successor is named. (g) Committees. The chair may appoint board members to committees to assist the board in its work. All committees appointed by the chair shall consist of no more than four members and shall make regular reports to the board by interim written reports or at regular meetings. The board shall direct all such reports to the executive director for distribution. (h) Compensation. No member of the board may receive compensation for serving on the board. Each member is entitled to the per diem set by legislature for each day that the member performs functions as a member of the board. (i) Meetings. (1) Agendas. (A) Seven days prior to each meeting, the executive director or the executive director's designee shall prepare and submit to each member of the board an agenda which includes items required by law, items requested by members, and other matters of board business which have been approved by the chair. (B) The official agenda of a board meeting shall be filed with the Texas Secretary of State as required by the Texas Open Meetings Act. (C) Any individual wishing to be on the agenda to present or speak on a specified topic at a meeting of the board must provide a written request to the chair which describes the topic to be addressed. The chair may limit as appropriate the time for public participation. (2) Frequency of meetings. The board shall meet at least biannually and may meet at other times as the chair deems necessary. All meetings shall be conducted in accordance with the Texas Open Meetings Act. (3) Attendance. If a member is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during the calendar year, unless the absence is excused by majority vote of the board, a potential ground for removal from the board may exist. The chair shall notify the governor that a potential ground for removal exists. The attendance records of the members may be made available to the governor of the State of Texas and/or the Texas Sunset Advisory Commission. (4) Rules of parliamentary procedure. All official decisions made by the board shall be made according to parliamentary procedure as set forth in the latest edition of Robert's Rules of Order Revised
    . If a question arises concerning interpretation of the latest edition of Robert's Rules of Order Revised
      , the chair, or acting chair will make the decision. (5) Transaction of official business. The board may transact official business only when it is a legally constituted meeting with a quorum present. Five members of the board constitute a quorum. (j) The board shall not be bound in any way by any statement or action on the part of any board member, subcommittee, or staff member, except when a statement or action is in pursuance of the specific instruction of the board. sec.128.12. Executive Director. (a) The commissioner of health shall appoint an employee of the Texas Department of Health as executive director for the board after consultation with the board members. (b) The executive director shall keep the minutes of the meetings and proceedings of the board and shall be the custodian of the files and records of the board. (c) The executive director shall exercise general supervision over individuals employed in the administration of the Act, at the direction of the board or the commissioner of health. (d) The executive director shall be responsible for the preliminary information regarding complaints and for the presentation of the formal complaints to the board. A committee may be appointed for extensive investigation. (e) The executive director shall handle all correspondence for the board and obtain, assemble, or prepare reports and information that the board may modify or authorize. (f) The executive director or the executive director's designee shall have the responsibility of assembling and reviewing materials submitted by applicants for licensure. Determinations made by the executive director or the executive director's designee are subject to the approval and/or modification of the board, which shall make the final decision regarding the eligibility of the applicants. (g) The executive director or the executive director's designee may serve as the administrator of licensure examinations, as directed by the board or the commissioner of health. (h) The executive director shall sign the approved minutes of each meeting. sec.128.13. Official Records. (a) All official records of the board, except files containing information considered confidential under the provisions of the Texas Open Records Act, Texas Civil Statutes, Article 6252-17a, shall be open for public inspection during regular office hours. (b) A person desiring to examine official records shall be required to identify himself or herself and sign statements listing the records requested and examined. (c) Official records shall not be taken from board offices; however, persons may obtain copies of files upon written request and by paying the cost per page set by the State Purchasing and General Services Commission and the Texas Department of Health. sec.128.14. Impartiality and Non-discrimination. (a) The board shall make no decision in the discharge of its statutory authority with regard to any person's race, religion, color, sex, or national origin. (b) Any board member who is unable to be impartial in the determination of an applicant's eligibility for licensure or specialty or in a disciplinary action against a licensee shall so declare this to the board and shall not participate in any board proceedings involving that applicant or licensee. sec.128.15. Policy on Handicapped Applicants. (a) The board recognizes that handicapped applicants may encounter unusual problems in applying for licensure and will make an effort to accommodate these applicants. (b) The board, on an individual basis, may consider requests for special arrangements for handicapped applicants including assistance in taking the examination provided that such requests are reasonable and do not violate this Act and this chapter. sec.128.16. License Certificate. (a) The board shall prepare and provide to each therapist a license certificate which contains the licensee's name and license number. (b) Any license certificate issued by the board remains the property of the board and must be surrendered to the board if the license is suspended or revoked. sec.128.17. Directory. (a) Each year the board shall publish a directory of therapists. (b) The directory shall include, but not be limited to, the name, business addresses, and telephone numbers of current licensees. (c) The board shall make a copy of the directory available to each licensee, and upon request, copies to other state agencies and the public. sec.128.18. Consumer Information. (a) The board shall prepare information of consumer interest which describes the regulatory functions of the board and board procedures for handling and resolving complaints. (b) The board shall make consumer information available to the public and appropriate state agencies. sec.128.19. Fees. (a) The board of health has established the following fees for licenses, license renewals, examinations, and all other administrative expenses under the Act. (b) The schedule of fees shall be as follows: (1) application fee-$30; (2) licensure examination fee-$30; (3) licensure fee-$36; (4) renewal fee-$30; (5) late renewal fee-$60; (6) inactive status (administrative) fee-$75; and (7) duplicate license fee-$10; (c) All fees are not refundable. (d) Remittances submitted to the board in payment of fees may be in the form of a cashier's check, or money order. Personal checks will not be accepted. (e) The board shall make periodic reviews of its fee schedule and make any adjustments necessary to provide funds to meets its expenses without creating an unnecessary surplus. All fee changes shall be made through rule making procedures. sec.128.20. Processing Applications. (a) The board shall investigate each application and other evidence submitted. (b) The board shall notify each applicant whether the application has been accepted or rejected not later than the 30th day before the date of the examination. (c) Within 90 days of receipt of a completed application from a person seeking licensure without examination or under Act, sec.20, the board shall notify the applicant that: (1) the applicant may be licensed without examination; (2) an examination is required; or (3) the application is denied. (d) A notice under subsection (c) of this section to an applicant who is required to take an examination must state the reason for requiring the examination, the time and manner of conducting the examination, and the acts required of the applicant in connection with the examination. (e) A notice that an application is rejected must state the reason for the rejection. Issued in Austin, Texas, on December 16, 1991. TRD-9115926 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: December 16, 1991 Expiration date: April 14, 1992 For further information, please call: (512) 459-2912 Subchapter C. Code of Ethics. 25 TAC sec.sec.128.41-128. 51 The new sections are adopted on an emergency basis under Acts 1991, 72nd Legislature, Chapter 824, (Senate Bill 181), sec.13, which provides the Texas Board of Health, with the advice of the Texas State Board of Examiners of Marriage and Family Therapists, with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists; Health and Safety Code, sec.12.001, which provides the Texas Board of Health with the authority to adopt rules to implement every duty imposed by law on the Texas Board of Health, the department, and the commissioner of health; and Texas Civil Statutes, Article 6252-13a, sec.5, which provide the board with authority to adopt emergency rules. sec.128.41. Purpose and Scope. (a) The purpose of this subchapter is to implement the provisions of the Act, concerning a code of ethics. (b) The scope of this subchapter establishes standards of professional and ethical conduct required of a therapist. sec.128.42. Professional Representation. (a) A therapist shall not misrepresent any professional qualifications or associations. (b) A therapist shall not misrepresent any agency or organization by presenting it as having attributes which it does not possess. (c) A therapist shall not make unreasonable, misleading, deceptive, fraudulent, exaggerated, or unsubstantiated claims about the efficacy of any services. (d) A therapist shall not encourage or, within the therapist's power, allow a client to hold exaggerated ideas about the efficacy of services provided by the therapist. sec.128.43. Relationships with Clients. (a) A therapist shall make known to a prospective client the important aspects of the professional relationship including fees and arrangements for payment which might affect the client's decision to enter into the relationship. (b) A therapist shall inform the client of the purposes, goals, techniques, rules of procedure, and limitations that may affect the relationship at or before the time that the therapeutic relationship is entered. (c) A therapist shall provide therapeutic services only in the context of a professional relationship and not by means of newspaper articles, radio or television programs, mail, or means of a similar nature. (d) No commission or rebate or any other form of renumeration shall be given or received by a therapist for the referral of clients for professional services. (e) A therapist shall not use relationships with clients to promote, for personal gain or for the profit of an agency, commercial enterprises of any kind. (f) Under normal circumstances a therapist shall not be involved in the therapy of family members, intimate friends, close associates, or others whose welfare might be jeopardized by such a dual relationship. (g) Under normal circumstances a therapist shall not offer professional services to a person concurrently receiving therapy assistance from another professional except with the knowledge of that professional. (h) A therapist shall personally take reasonable action to inform responsible authorities and appropriate individuals in cases where a client's condition indicates a clear and imminent danger to the client or others. (i) In group therapy settings, the therapist shall take reasonable precautions to protect individuals from physical or emotional trauma resulting from interaction within the group. (j) A therapist shall not engage in activities that seek to meet the therapist's personal needs at the expense of a client. (k) A therapist shall not engage in sexual intercourse, sexual contact, deviate sexual intercourse, or sexual intimacies of any kind, including, but not limited to, kissing or fondling with any client or with a person who has been a client within the past two years. "Sexual intercourse," "sexual contact" and "deviate sexual intercourse" shall mean the activities or behaviors described in the Texas Penal Code, sec.21.01. A therapist shall not provide therapeutic services to a person with whom the therapist has had a sexual relationship. (l) A therapist shall keep accurate records of therapeutic services to include, but not be limited to, dates of services, types of services, progress or case notes, and billing information. (m) A therapist shall bill clients or third parties for only those services actually rendered or as agreed to by mutual understanding at the beginning of services or as later modified by mutual agreement. Supervisory relationships between a therapist and any other person used by the therapist to provide services to a client shall be clearly explained to the client and shall be so reflected on billing documents. (n) A therapist shall terminate a professional relationship when it is reasonably clear that the client is not benefiting from it. sec.128.44. Testing. (a) A therapist shall make known to clients the purposes and explicit use to be made of any testing done as a part of a professional relationship. (b) A therapist shall not appropriate, reproduce, or modify published tests or parts thereof without the acknowledgment and permission of the publisher. (c) A therapist shall not administer any test without the appropriate training and experience to administer and interpret the test. (d) A therapist must observe the necessary precautions to maintain the security of any test administered by the therapist or under the therapist's supervision. sec.128.45. Drug and Alcohol Use. A therapist shall not abuse the use of alcohol or drugs, use illegal drugs of any kind, or promote, encourage, or condone the illegal use or possession of alcohol or drugs. sec.128.46. Confidentiality.
        Communication between a therapist and client and the client's records are confidential to the extent authorized by law. sec.128.47. Therapists and the Board. (a) Any person licensed as a therapist is bound by the provisions of the Act and this chapter. (b) A therapist shall have the responsibility of reporting alleged misrepresentations or violations of this chapter to the board's executive director. (c) The board is not responsible for any lost or misdirected mail if sent to the address last reported by the licensee. (d) The board may ask any applicant for licensure as a therapist whose file contains negative references of substance to come before the board for an interview before the license process may proceed. (e) the board shall consider the failure of a therapist to respond to a request from the board or executive director for information or other correspondence as unprofessional conduct and grounds for disciplinary proceedings in accordance with Subchapter L of this Chapter (relating to Complaints and Violations). (f) Applicants for licensure shall not use current members of the board as references. sec.128.48. Assumed Names. (a) An individual practice by a therapist may be incorporated in accordance with the Professional Corporation Act or other applicable law. (b) When an assumed name is used in any practice of therapy, the name of the therapist must be listed in conjunction with the assumed name. An assumed name used by a therapist must not be false, deceptive, or misleading. sec.128.49. Display of License Certificate. (a) A therapist shall display the license certificate and annual renewal card, issued by the board, in a prominent place in the primary location of practice. (b) An applicant shall display only an original of the license certificate or annual renewal card issued by the board. (c) A therapist shall not make any alteration on a license certificate or annual renewal card issued by the board. sec.128.50. Advertising and Announcements. (a) Information used by a therapist in any advertisement or announcement of services shall not contain information which is deceptive, inaccurate, incomplete, or out of context. Only the highest academic degree earned from an accredited college or university and relevant to the profession of therapy or a therapy-related field shall be used when advertising or announcing therapeutic services to the public or in therapy-related professional representations. A therapist may advertise or announce his or her other degrees from accredited colleges or universities if the subject of the degree is specified. (b) The board imposes no restrictions on advertising by a therapist with regard to the use of any medium, the therapist's personal appearance, or the use of his or her personal voice, the size or duration of an advertisement by a therapist, or the use of a trade name. (c) All advertisements or announcements of therapeutic services including telephone directory listings by a person licensed by the board shall clearly state the therapist's licensure status by the use of a title such as "licensed therapist," or "licensed marriage and family therapist," or "L.M.F.T., " or a statement such as "licensed by the Texas State Board of Examiners of Marriage and Family Therapists." (d) A therapist shall not include in advertising or announcements any information or any reference to certification in a field outside of therapy or membership in any organization which may be confusing or misleading to the public as to the services or legal recognition of the therapist. sec.128.51. Research and Publications. (a) In research with a human subject, a therapist is responsible for the subject's welfare throughout a project and shall take reasonable precautions so that the subject shall suffer no injurious emotional, physical, or social effect. (b) A therapist shall disguise data obtained from a therapeutic relationship for the purposes of education or research to ensure full protection of the identity of the subject client. (c) When conducting and reporting research, a therapist must give recognition to previous work on the topic as well as observe all copyright laws. (d) A therapist must give due credit through joint authorship, acknowledgment, footnote statements, or other appropriate means to those who have contributed significantly to the therapist's research and/or publication. Issued in Austin, Texas, on December 16, 1991. TRD-9115927 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: December 16, 1991 Expiration date: April 14, 1992 For further information, please call: (512) 459-2912 Subchapter D. Application Procedures. 25 TAC sec.sec.128.71-128.73 The new sections are adopted on an emergency basis under Acts 1991, 72nd Legislature, Chapter 824, (Senate Bill 181), sec.13, which provides the Texas Board of Health, with the advice of the Texas State Board of Examiners of Marriage and Family Therapists, with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists; Health and Safety Code, sec.12.001, which provides the Texas Board of Health with the authority to adopt rules to implement every duty imposed by law on the Texas Board of Health, the department, and the commissioner of health; and Texas Civil Statutes, Article 6252-13a, sec.5, which provide the board with authority to adopt emergency rules. sec.128.71. Purpose. The purpose of this subchapter is to set out the application procedures for examination and licensure. sec.128.72. General. (a) Unless otherwise indicated, an applicant must submit all required information and documentation of credentials on official Texas State Board of Examiners of Marriage and Family Therapists forms. (b) The board will not consider an application as officially submitted until the applicant pays the application fee. The fee must accompany the application form and both the application and fee must be received at least 90 days prior to the date the applicant wishes to take the examination. (c) The board will send an annual notice determined by the anniversary date of the filing of an application to an applicant who does not complete an application in a timely manner. An application not completed within 30 days after the date of the board's annual notice may be voided; however, by written request to the board an applicant may request that his or her application be kept active for an additional year. Following each additional year another annual notice will be sent to the applicant and the applicant may again request that his or her application be kept active for an additional year. Deleted applications will be retained for one year; however, after that year an applicant will be required to submit a new application and all required materials in addition to paying a new application fee. sec.128.73. Required Application Materials. (a) Application form. The application form shall contain: (1) specific information regarding personal data, employment and type of practice, other state licenses and certifications held, felony or misdemeanor convictions, educational background including direct clinical experience, supervised experience, and references; (2) a statement that the applicant has read the Act and board rules and agrees to abide by them; (3) the applicant's permission to the board to seek any information or references it deems necessary to determine the applicant's qualifications; (4) a statement that the applicant, if issued a license, shall return the license to the board upon the revocation or suspension or the license; (5) a statement that the applicant understands that the fees submitted in the licensure process are nonrefundable; (6) the applicant's dated and notarized signature; and (7) the signature of the supervisor or agency or school official who can formally attest to the applicant's direct clinical experience. (b) Supervised experience form. The supervised experience form must be completed by the applicant's supervisor and contain: (1) the name of the applicant; (2) the name, address, degree, licensure status, and credentials of the applicant's supervisor; (3) the name and address of the agency or organization where the experience was gained; (4) the inclusive dates of the supervised experience and the total number of hours of practice; (5) the number of hours of direct, on-site, weekly supervision given to the applicant, the total number of supervisory hours received by the applicant in the experience, and the types of supervision used; (6) the applicant's employment status during supervised experience; (7) the types of clients seen and therapy methods used; (8) the supervisor's evaluation of the applicant's therapeutic skills and competence for independent or private practice; and (9) the supervisor's notarized signature. (c) Graduate or doctorate transcripts. An applicant must have the official transcript(s) showing all relevant graduate or doctoral work sent directly to the board by the applicant's school(s). (d) References. An applicant must have board reference forms submitted by three persons who can attest to the applicant's therapy skills and professional standards of practice. (1) The references shall be persons who are not named elsewhere in the applicant's application and are not current members of the board. (2) References must include at lease one instructor and one licensed or certified professional in a therapy related profession. All references must be from persons in the therapeutic profession or appropriately related professions. (e) Other documents. Vita, resume, and other documentation of the applicant's credentials may be submitted. Issued in Austin, Texas, on December 16, 1991. TRD-9115928 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: December 16, 1991 Expiration date: April 14, 1992 For further information, please call: (512) 459-2912 Subchapter E. Criteria for Determining Fitness of Applicants for Examination and Licensure 25 TAC sec.sec.128.91-128.94 The new sections are adopted on an emergency basis under Acts 1991, 72nd Legislature, Chapter 824, (Senate Bill 181), sec.13, which provides the Texas Board of Health, with the advice of the Texas State Board of Examiners of Marriage and Family Therapists, with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists; Health and Safety Code, sec.12.001, which provides the Texas Board of Health with the authority to adopt rules to implement every duty imposed by law on the Texas Board of Health, the department, and the commissioner of health; and Texas Civil Statutes, Article 6252-13a, sec.5, which provide the board with authority to adopt emergency rules. sec.128.91. Purpose. The purpose of this subchapter is to set forth the criteria by which the board will determine the qualifications of applicants required for approval for licensure. sec.128.92. Qualifications of Applicants for Licensure. In determining the qualifications of an applicant for licensure, the board shall consider the following: (1) the skills and abilities of an applicant to provide adequate therapeutic services to clients; and (2) the ethical behavior of an applicant in relationships with other professionals and clients. sec.128.93. Materials Considered in Determining the Qualifications of Applicants. In determining the fitness of applicants for licensure, the board shall consider the following: (1) evaluations of supervisors or instructors; (2) statements from persons submitting references for the applicant; (3) evaluations of employers and/or professional associations; (4) allegations of clients; (5) transcripts or findings from official court, hearing, or investigative proceedings; and (6) any other information which the board considers pertinent to determining the fitness of an applicant. sec.128.94. Finding of Non-Fitness for Licensure. The substantiation of any of the following items related to an applicant may be, as the board determines, the basis for the denial of licensure of the applicant: (1) lack of the necessary skills and abilities to provide adequate therapeutic services in independent practice; (2) misrepresentation of professional qualifications or association; (3) misrepresentation of services and efficacy of services to clients; (4) use of misleading or false advertising; (5) use of relationships with clients to promote personal gain or for the profit of an agency or commercial enterprises of any kind; (6) engaging in sexual contact or intimacies of any kind with any client or with a person who has been a client within the past two years; (7) a breach of confidentiality of a client except where allowed by law or rules of the board; (8) abuse of the use of alcohol or drugs or the use of illegal drugs of any kind; (9) any misrepresentation in the application or other materials submitted to the board; and (10) the violation of any provision of the Act or this chapter at any time of application which is applicable to an unlicensed person. Issued in Austin, Texas, on December 16, 1991. TRD-9115929 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: December 16, 1991 Expiration date: April 14, 1992 For further information, please call: (512) 459-2912 Subchapter F. Academic Requirements for Examination and Licensure. 25 TAC sec.sec.128.111-128.114 The new sections are adopted on an emergency basis under Acts 1991, 72nd Legislature, Chapter 824, (Senate Bill 181), sec.13, which provides the Texas Board of Health, with the advice of the Texas State Board of Examiners of Marriage and Family Therapists, with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists; Health and Safety Code, sec.12.001, which provides the Texas Board of Health with the authority to adopt rules to implement every duty imposed by law on the Texas Board of Health, the department, and the commissioner of health; and Texas Civil Statutes, Article 6252-13a, sec.5, which provide the board with authority to adopt emergency rules. sec.128.111. Purpose. The purpose of this subchapter is to set out the academic requirements for examination and licensure as a therapist. sec.128.112. General. (a) The board shall accept as meeting licensure requirements graduate work done at American universities which hold accreditation or candidacy status from accepted regional educational accrediting associations as reported by the American Association of Collegiate Registrars and Admissions Officers. (b) Degrees and coursework received at foreign universities shall be acceptable only if such coursework may be counted as transfer credit by accredited universities as reported by the American Association of Collegiate Registrars and Admissions Officers. If degrees or coursework cannot be documented because the foreign university refuses to issue a transcript or other evidence of the degrees or coursework, the board may consider, on an individual basis, accepting degrees or coursework based on other evidence presented by the foreign graduate applicant. (c) The relevance to the licensing requirements of academic courses, the titles of which are not self-explanatory, must be substantiated through course descriptions in official school catalogs or bulletins or by other means. (d) The board shall count no undergraduate level courses taken by an applicant as meeting any academic requirements unless the applicant's official transcript clearly shows that the course was awarded graduate credit by the school. (e) The board shall accept no coursework which an applicant's transcript indicates was not completed with a passing grade or for credit. (f) In the case of coursework taken outside of a program of studies for which a degree was granted, no course in which the applicant received a grade below "B" or pass shall be counted toward meeting academic requirements for examination or licensure. (g) In evaluating transcripts, the board shall consider a quarter hour of academic credit as two-thirds of a semester hour. (h) A person who wishes to make up academic deficiencies may be assured that the additional work done will be acceptable to the board by submitting an official application and a proposed plan to complete academic requirements which the board will evaluate. sec.128.113. Academic Requirements. (a) Persons applying for examinations and licensure must have: (1) a master's or doctorate degree in marriage and family therapy or in a related mental health field with coursework and training equivalent to a graduate degree in marriage and family therapy. (2) a planned graduate program in therapy or its substantial equivalent of at least 45 semester hours which an applicant completed at an accredited school. The 45 semester hours may be coursework taken in the required graduate degree program. (b) A graduate degree under subsection (a)(1) of this section or the substantial equivalent of a planned graduate program in therapy must be any planned graduate program of at least 45 semester hours which was designed to train a person to provide direct services to assist individuals, families, or couples in a therapeutic relationship in the resolution of cognitive, affective, behavioral, or relational dysfunctions within the context of marriage or family systems. (c) After receipt of a degree meeting the requirements of subsection (a)(1) of this section, the applicant must have completed two years of work experience in marriage and family therapist services that must: (1) include at least 1,000 hours of direct clinical services to individuals, couples, or families, of which at least 500 hours must be direct clinical services to couples or families; and (2) be supervised in a manner acceptable to the board, including at least 200 hours of supervision of the provision of direct clinical services by the applicant, of which at least 100 hours must be supervised on an individual basis. (d) Academic credit or other acknowledgment of the direct clinical services must appear on the applicant's official graduate transcript. (e) No direct clinical services course intended primarily for practice in the administration and grading of appraisal or assessment instruments shall count toward the 1,000 clock-hour requirement. sec.128.114. Academic Course Content. (a) An applicant must have as a part of the required graduate degree, a planned graduate program in marriage and family therapy, or the substantial equivalent course work in each of the following specific areas: (1) marital therapy-any course which details counseling theories and the therapy applied to marital and other dyadic relationships; (2) family therapy-any course which researches basic techniques for family therapy, the theoretical basis for techniques used and application of theory principles to family situations; (3) family systems-any course which analyzes the transactional relationships that exist between the family and its environment; (4) life cycles-any course which traces the human life cycle, growth and development of marital and family relationships and the modern family; (5) therapy methods or techniques-at least two courses in methods or techniques used to provide therapeutic services, including one course in therapy to couples or families; (6) human sexuality-any course which deals with basic responses, behavior and attitudes, physiological, psychological and social aspects of human sexuality; (7) law/ethics-any course dealing primarily with professional identity, ethical standards, family law, and other legal and professional issues; (8) psychopathology-any course which focuses on the study of human behavior and the treatment of behavior disorders; (9) family crisis-any course which offers study in crisis or unique stresses encountered in family systems; and (10) aging process-any course which examines issues relating to the elderly, family relationships of adults in late life with an emphasis on death and dying, intergenerational issues and the enhancement of development and family life in later years. (b) The remaining courses needed to meet the graduate requirement shall be in areas directly supporting the development of an applicant's therapeutic skills and/or courses related primarily to marriage and family therapy. (c) If an applicant completes a titled course which does not meet the entire content requirements of a course(s) named in subsections (a) and (b) of this section, the applicant may submit evidence to the board that the required content was covered in portions of more than one course. Issued in Austin, Texas, on December 16, 1991. TRD-9115930 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: December 16, 1991 Expiration date: April 14, 1992 For further information, please call: (512) 459-2912 Subchapter G. Experience Requirements for Examination and Licensure 25 TAC sec.sec.128.141-128.144 The new sections are adopted on an emergency basis under Acts 1991, 72nd Legislature, Chapter 824 (Senate Bill 181), sec.13, which provides the Texas Board of Health, with the advice of the Texas State Board of Examiners of Marriage and Family Therapists, with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists; Health and Safety Code, sec.12.001, which provides the Board of Health with the authority to adopt rules to implement every duty imposed by law on the Board of Health, the department, and the commissioner of health; and Texas Civil Statutes, Article 6252-13a, sec.5, which provide the board with authority to adopt emergency rules. sec.128.141. Purpose. The purpose of this subchapter is to set out the experience requirements for examination and licensure as a therapist. sec.128.142. Experience Requirements. (a) Applicants for examination must have completed two years of work experience acceptable to the board. (b) Applicants must complete the required 200 clock hours of supervised experience in a time period of no less than 12 months. (c) Experience shall be acceptable to the board if: (1) it was begun and completed after the completion of a graduate degree in marriage and family therapy or its substantial equivalent or after the completion of a planned graduate program of at least 45 semester hours in marriage and family therapy or its substantial equivalent; however, on an individual basis, the board may count hours toward the experience requirements of this subchapter if: (A) the hours were part of the applicant's direct clinical services or work experience accumulated after the commencement of the applicant's master's level graduate program; (B) the hours are in excess of the 1,000 hour direct clinical services required by sec.128.113 of this title (relating to Academic Requirements) ; (C) the hours to be counted are not more than 50 hours; and (D) the applicant requests this consideration in writing. (2) it consisted primarily of the provision of direct therapeutic services within a professional relationship to individuals or groups to assist them in the resolution of personal-social, educational, or occupational problems. Internships must include 1,000 hours of direct client therapy; (3) the applicant received direct supervision consisting of at least one hour per week of direct, on-site supervision in individual or group settings with no more than half of the total hours of supervision having been received in group supervision; (4) the experience was under the direct supervision of a supervisor acceptable to the board; and (5) the applicant completed at least 45 graduate semester hours in therapy or its substantial equivalent before beginning the supervised experience. sec.128.143. Supervisor Requirements. (a) A supervisor acceptable to the board must be one of the following: (1) a person licensed by the board or a person licensed as a therapist in another state who has the academic training and experience or specialty designation to supervise the therapeutic services being provided by an intern; (2) a person licensed or certified by this state or any other state in a profession that provides therapy with the academic training and experience to supervise the therapeutic services offered by the intern. This person may be a licensed psychologist, a licensed physician with board certification as a psychiatrist, or a certified social worker advanced clinical practitioner. The person must submit to the board proof of licensure and certification, official graduate transcripts, and other appropriate documentation; or (3) a person in a geographical area where no appropriate licensure or state certification is available who submits to the board relevant official graduate transcripts, documentation of practicum and experience, and any professional certifications which demonstrate that the person is qualified to supervise the type of therapy performed by the intern. (b) A supervisor under this section must have met the following requirements. (1) The supervisor must have held an active state license or certification in good standing for at least 24 months from the date of issuance. Completion of a doctoral degree in therapy or the equivalent at an accredited university may be substituted for 12 months of the 24-month requirement. (2) A person who begins the supervision of an intern must have completed 40 clock hours of training in the supervision of therapeutic services through an accredited graduate course, training program, or clinical supervision provided by a person who meets the requirements of this section. (3) Evidence of a supervisor meeting the requirements of this section may be submitted with a supervision contract or with the board's approved supervised experience documentation form. Supervisors must apply for supervisory approval and be listed on the roster of supervisors prepared by the board. Credentials must be submitted with the roster application form. (c) A supervisor must be approved by the board by submitting a notarized board form as well as other documentation of credentials, if required. Supervised experience will not be approved until all required documentation has been received. To ensure that a supervisor will be approved at the completion of the supervision, an applicant may submit this information prior to or while accumulating time or hours toward supervised experience requirements. sec.128.144. Other Conditions for Supervised Experience. (a) A person who is in the process of completing the 24 months or 200 hours of supervised experience may not practice within his or her own private independent practice of therapy as part of such months or hours and may not count the months or hours spent in the person's private independent practice of therapy as part of the supervised experience; however, the person may be employed in his or her supervisor's private practice of therapy as part of the internship. (b) A supervisor may not be employed by the person whom he or she is supervising. (c) A supervisor may not be related within the second degree by affinity or within the third degree by consanguinity to an intern. (d) During the period of supervised experience, an intern may be employed on a salary basis or be used within an established supervisory setting. The established settings must be structured with clearly defined job descriptions and areas of responsibility. The board may require that the applicant provide documentation of all work experience. (e) During internship, the full professional responsibility for the therapeutic activities of an intern shall rest with the intern's official supervisor. (f) All supervised experience submitted in fulfillment of the board's requirements must have been on a formal basis by contract or other specific arrangement prior to the period of supervision. Supervisory arrangements must include all specific conditions agreed to by the supervisor and intern. (g) If an intern enters into contracts with both a supervisor and an organization with which the supervisor is employed or affiliated: (1) the therapeutic services will be performed on the site(s) of the organization; (2) no payment for services are to be made directly by a client to the intern; (3) clients records remain the property of the organization; (4) liability remains with the organization and/or the supervisor; and (5) there are no financial arrangements between the organization and intern that have been made that extend beyond the period of supervision. (h) Group supervised experience of an applicant for examination may count toward an applicant's experience requirement only if the supervision group consisted of no more than six interns. (i) Individual supervision of an applicant shall count toward the applicant's experience requirement only if the supervisor oversaw no more than eight persons at any one time either in group or individual supervision for the inclusive dates of the applicant's supervised experience. (j) An applicant may have no more than two supervisors unless board approval is received for further supervisors. The applicant's former supervisor or agency must submit a notarized statement explaining the reasons for the change of supervisor. (k) A person beginning internship may assure that the internship meets the requirements of the board by submitting an application, documentation of practicum, a copy of the signed supervisory contract, and a notarized statement from the supervisor or official document from an agency or other organization outlining the details of the internship to which the board will reply. The documents and fee submitted will be considered part of the application for examination and licensure and will not need to be resubmitted. A supervisor must comply with the provisions of sec.128.42 of this title (relating to Professional Representation) and of sec.128.43 of this title (relating to Relationships With Clients). Issued in Austin, Texas, on December 16, 1991. TRD-9115931 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: December 16, 1991 Expiration date: April 14, 1992 For further information, please call: (512) 459-2912 Subchapter H. Licensure Examinations 25 TAC sec.sec.128.171-128.174 The new sections are adopted on an emergency basis under Acts 1991, 72nd Legislature, Chapter 824 (Senate Bill 181), sec.13, which provides the Texas Board of Health, with the advice of the Texas State Board of Examiners of Marriage and Family Therapists, with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists; Health and Safety Code, sec.12.001, which provides the Board of Health with the authority to adopt rules to implement every duty imposed by law on the Board of Health, the department, and the commissioner of health; and Texas Civil Statutes, Article 6252-13a, sec.5, which provide the board with authority to adopt emergency rules. sec.128.171. Purpose. The purpose of this subchapter is to establish the rules governing the administration, content, grading, and other procedures for examination for licensure. sec.128.172. Frequency. The board shall administer licensure examinations at least biannually or as often as deemed necessary. sec.128.173. Applying for Examination. A person must apply for examination in accordance with sec.128.112 of this title (relating to General) and sec.128.73 of this title (relating to Required Application Materials). The board shall notify an applicant of application approval or disapproval and if disapproved, state the reason. sec.128.174. Examination. (a) The application may be composed of: (1) a written examination; (2) a field examination, through questionnaires answered by the applicant's instructors, employers, supervisors, or other persons who are individuals who are competent in the judgment of the board to assess the applicant's professional ability, and that may include written case studies and taped interviews; (3) an oral examination; or (4) any combination of the examinations described in paragraphs (1)-(3) of this subsection. (b) An applicant shall apply to take the examination on a form prescribed by the board and approved by the commissioner of health. The examination application must be accompanied by the examination fee stated in Subchapter B, sec.128.19(b)(2) of this title (relating to Fees). (c) The board shall determine the times and places for licensing examinations and give reasonable public notice. (d) Examination results shall be as follows. (1) If the examination is graded or reviewed by the board, the examinee shall be notified of the results of the examination within 30 days of the examination date. (2) If the examination is graded or reviewed by a national testing service, the board shall notify each examinee within 15 days of the date which the board receives the results from the national testing service. (3) If the examination results will be delayed more than 90 days after the examination date, the board shall notify each examinee of the reason for the delay within 90 days of the examination date. (e) Failure of an examination procedures shall be as follows. (1) An applicant who fails an examination may retake the examination after payment of an additional examination fee. (A) The applicant must be reexamined within 12 months of the unsuccessful examination. (B) If the applicant fails the second examination, the board may require the applicant to submit evidence of satisfactory completion of additional courses of study prescribed by the board. (2) The board shall furnish the person who failed the examination with an analysis of that person's performance on the examination if so requested in writing by the examinee. Issued in Austin, Texas, on December 16, 1991. TRD-9115932 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: December 16, 1991 Expiration date: April 14, 1992 For further information, please call: (512) 459-2912 Subchapter I. Issuance of License 25 TAC sec.sec.128. 201-128.203 The new sections are adopted on an emergency basis under Acts 1991, 72nd Legislature, Chapter 824 (Senate Bill 181), sec.13, which provides the Texas Board of Health, with the advice of the Texas State Board of Examiners of Marriage and Family Therapists, with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists; Health and Safety Code, sec.12.001, which provides the Board of Health with the authority to adopt rules to implement every duty imposed by law on the Board of Health, the department, and the commissioner of health; and Texas Civil Statutes, Article 6252-13a, sec.5, which provide the board with authority to adopt emergency rules. sec.128.201. Purpose. The purpose of this subchapter is to set out licensing procedures of the board. sec.128.202. Issuance of Licenses. (a) The board will send each applicant whose application has been approved and who has passed the examination, if applicable, a licensure form to complete and return with the licensure fee. (b) Upon receiving an applicant's licensure form and fee, the board shall issue the person a license containing a license number. (c) The board will replace a lost, damaged, or destroyed license certificate upon a written request from the therapist and payment of the license replacement fee. Requests must include a notarized statement detailing the loss or destruction of the therapist's original license or be accompanied by the damaged certificate. (d) Upon the written request and payment of the license certificate duplicate fee by a licensee, the board will provide a licensee with a duplicate for a second place of practice which is designated in a licensee's file. sec.128.203. Reciprocity. (a) The board may grant a license without examination to a person who holds, at the time of application, a license or certificate issued by another state or territory that is acceptable to the board if the minimum requirements for the license or certificate are substantially the same as or exceed the licensing requirements of the board which are in effect at the time of application. The requirements of another state or territory are substantially the same as the board's requirements only if the applicant passed an examination which was required for licensure or certification in the other state or territory. (b) The board shall consider only states and territories of the United States as acceptable for the purposes of licensure by reciprocity. (c) In the case of licensing by reciprocity, the board shall waive only the examination requirement for licensure. Required application materials must be provided, and the application and licensure fees must be paid by the applicant. The board may accept an official copy of an applicant's file sent directly from the state board that issued the original license. (d) An applicant applying for licensure by reciprocity must submit: (1) a copy of a current license or certificate by which the reciprocal licensure is requested; (2) a copy of the statute and rules of the agency issuing the license and the name and address of the licensing agency; (3) evidence that the applicant successfully passed a state licensing examination; (4) a statement concerning complaints status; and (5) evidence of good standing from the state board. Issued in Austin, Texas, on December 16, 1991. TRD-9115933 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: December 16, 1991 Expiration date: April 14, 1992 For further information, please call: (512) 459-2912 Subchapter J. License Renewal and Inactive Status 25 TAC sec.sec.128.231-128.237 The new sections are adopted on an emergency basis under Acts 1991, 72nd Legislature, Chapter 824 (Senate Bill 181), sec.13, which provides the Texas Board of Health, with the advice of the Texas State Board of Examiners of Marriage and Family Therapists, with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists; Health and Safety Code, sec.12.001, which provides the Board of Health with the authority to adopt rules to implement every duty imposed by law on the Board of Health, the department, and the commissioner of health; and Texas Civil Statutes, Article 6252-13a, sec.5, which provide the board with authority to adopt emergency rules. sec.128.231. Purpose. The purpose of this subchapter is to set out the rules governing license and inactive status. sec.128.232. General. (a) A therapist must renew licensure annually. (b) Each therapist is responsible for renewing licensure and paying the renewal fee before the expiration date and shall not be excused from paying late renewal fees or renewal penalty fees. (c) The board shall deny the renewal of a license of a therapist who is in violation of the Act or this chapter at the time of application for renewal. (d) A therapist must have fulfilled continuing education requirements prescribed by the board rule in order to renew licensure. (e) A therapist whose license is not renewed due to failure to meet all requirements for licensure renewal shall return his or her license certificate to the board and shall not advertise or represent himself or herself as a therapist in any manner. sec.128.233. Staggered Renewals. (a) The board shall use a staggered system for licensure renewals. (b) The renewal date of a license shall be the last day of the licensee's birth month. (c) Licensure fees will be prorated if the licensee's initial renewal date as determined by the board occurs less than 12 months after the original date of licensure. (d) Prorated fees shall be rounded off to the nearest dollar. sec.128.234. License Renewal. (a) At least 30 days prior to the expiration date of a person's license, the board will send notice to the licensee of the expiration date of the license, the amount of the renewal fee due, and a licensure renewal form which the licensee or the licensee's authorized representative must complete and return to the board with the required fee. (b) The licensure renewal form shall require the licensee to provide current addresses, telephone numbers, and other information such as continuing education completed and type of practice. (c) The board shall not consider a license to be renewed until it receives the completed license renewal form and the renewal fee, and the licensee has complied with applicable continuing education requirements. No renewal fee shall be received and accepted by the board until the licensee has met the applicable continuing education requirements. (d) The board shall issue a renewal certificate to a licensee who has met all requirements for renewal. The licensee must display the renewal certificate in association with the license. (e) The license of a person who made a timely request for renewal of his or her license does not expire until the application for renewal is finally determined by the board, or in case the application is denied or the terms of the new license limited, until the last day for seeking review of the board's order or a later date fixed by order of a reviewing court. (f) The board will not process the licensure renewal of a licensee who is a party to a formal license revocation or suspension proceedings. A formal proceeding commences when the notice described in Subchapter L of this chapter (relating to Complaints and Violations) is mailed by the board. (1) A licensee whose license is not revoked or suspended as a result of formal proceedings shall be renewed provided that all other requirements are met. (2) In the case of delay in the licensure renewal process because of formal licensure suspension or revocation proceedings, late renewal penalty fees shall not apply. sec.128.235. Late Renewal. (a) A person who renews a license after the expiration date but on or within 90 days after the expiration date shall pay the appropriate late renewal fee. (b) The board shall revoke the license of any person who has not renewed by paying the required fees on or within 90 days of the expiration date. (1) The board shall revoke an unrenewed license by a majority vote at a regular meeting and no formal hearing will be scheduled unless the revocation is contested. (2) Upon the expiration and revocation of a person's license for failure to renew, the board may notify the person by certified mail and may require the person to return the license card and certificate to the board. (c) A person whose license has been revoked for failure to pay the renewal fee or whose license was not renewed on or within 90 days of the expiration date may obtain a new license by submitting to reexamination and complying with the requirements and procedures for obtaining an original license. sec.128.236. Inactive Status. (a) A licensee may request that his or her license be declared inactive by written request to the board prior to the expiration of the license. Inactive status periods shall not be granted to persons whose licenses are not current and in good standing. Inactive status periods shall not exceed three years; however, consecutive inactive status periods may be approved by the board. An inactive status fee is required for each three-year period of inactive status. (b) If a licensee fails to renew his or her license because the licensee is called to or on active duty with the armed forces of the United States serving outside the State of Texas, the licensee or the licensee's authorized representative may request that the license be declared inactive or be renewed. A request for inactive status shall be made in writing to the board prior to expiration of the license or within one year from the expiration date. This subsection is an exception to the requirement in subsection (a) of this section that the request be made prior to expiration of the license. A request for renewal may be made before or after the expiration date. (1) If the request is made by the licensee's authorized representative, the request must include a copy of the appropriate power of attorney or written evidence of a spousal relationship. (2) The written request shall include a copy of the official transfer orders of the licensee or other official military documentation showing that the licensee is called to or on active duty serving outside the State of Texas. (3) The payment of the inactive status fee, late renewal fee, and licensure renewal penalty fee is waived for a licensee under this subsection. (4) An active duty licensee shall be allowed to renew under this subsection without submitting proof of continuing education hours if proof is required for renewal; however, the licensee must submit proof of completion of the required number of continuing education hours by the end of the following time period. The time period shall start on the actual date of renewal of the license and be equal to the length of time the licensee was on active duty serving outside the State of Texas during the three-year continuing education period or following expiration of the license. If the licensee fails to submit proof of continuing education by the end of the time period, the board may suspend or revoke or deny renewal of the license. (5) The written request shall include a current address and telephone number for the licensee or the licensee's authorized representative. (6) The board may periodically notify the licensee or the licensee's authorized representative that the license of the licensee remains in inactive status, if applicable. (7) Except in extraordinary circumstances, a licensee on active duty serving outside the State of Texas shall notify the board that the licensee is on active duty. The board shall note in the licensee's file that the licensee may be eligible for renewal under this subsection. (8) If a licensee is a civilian impacted or displaced for business purposes outside of the State of Texas due to a national emergency or war, the licensee or the licensee's authorized representative may request that the license be declared inactive in the same manner as described in this subsection for military personnel. The written request shall include an explanation of how the licensee is impacted or displaced, which explanation shall be on the official letterhead of the licensee's business. The requirements of this subsection relating to renewal by active duty licensees shall not apply to a civilian under this paragraph. (c) An inactive status period shall begin on the first day of the month following board approval and payment of an inactive status fee. (d) All privileges, fees, and continuing education requirements are not applicable during the period of inactive status. A person may not act as a therapist or represent himself or herself as a therapist during the period of inactive status. (e) Continuing education credit cannot be earned while on inactive status. (f) A person is subject to investigation and action under Subchapter L of this chapter (relating to Complaints and Violations) during the period of inactive status. (g) A therapist may return to active status by written request to, and approval by, the board. Active status shall begin the first day of the month following board approval and payment of a license fee. The license fee shall be prorated to the next renewal date in accordance with sec.128.233 of this title (relating to Staggered Renewals). (h) If continuing education requirements have not been met prior to the time that a therapist goes on inactive status, upon return to active status the hours that were remaining to complete the continuing education requirement described in s128.262 of this title (relating to Deadlines) must be completed in a time period equal to the time that was remaining in the therapist's cycle at the time that the therapist went into inactive status. Section 128.270 of this title (relating to Failure to Complete Required Continuing Education) will be applicable at the end of this additional time period. (i) Upon return to active status, the therapist's next continuing education cycle will begin on the first day of the month following the licensee's birth month; however, the start date for the next cycle will begin following the additional time period described in subsection (h) of this section. sec.128.237. Surrender of License. (a) Surrender by licensee. (1) A licensee may at any time voluntarily offer to surrender his or her license for any reason, without compulsion. (2) Payment for the license may be delivered by any means to the board office, return receipt requested. (b) Acceptance by the board. (1) The board, at its next duly scheduled meeting, shall decide whether to formally accept the voluntary surrender of a license. (2) Surrender of a license without the acceptance of the board or a licensee's failure to renew the license shall not deprive the board of jurisdiction against the licensee under the Act or any other statute. (c) Formal disciplinary action. When a licensee has offered the surrender of his or her license after a complaint has been filed alleging violations of the Act or this chapter and the board has accepted such a surrender, that surrender is deemed to be the result of a formal disciplinary action. (d) Reinstatement. A license which has been surrendered and accepted may not be reinstated; however, a person may apply for a new license in accordance with the Act and this chapter. Issued in Austin, Texas, on December 16, 1991. TRD-9115934 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: December 16, 1991 Expiration date: April 14, 1992 For further information, please call: (512) 459-2912 Subchapter K. Continuing Education Requirements 25 TAC sec.sec.128.261-128.270 The new sections are adopted on an emergency basis under Acts 1991, 72nd Legislature, Chapter 824 (Senate Bill 181), sec.13, which provides the Texas Board of Health, with the advice of the Texas State Board of Examiners of Marriage and Family Therapists, with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists; Health and Safety Code, sec.12.001, which provides the Board of Health with the authority to adopt rules to implement every duty imposed by law on the Board of Health, the department, and the commissioner of health; and Texas Civil Statutes, Article 6252-13a, sec.5, which provide the board with authority to adopt emergency rules. sec.128.261. Purpose. The purpose of this section is to establish the continuing education requirements for the renewal of licensure which a therapist must complete periodically toward furthering of professional development in marriage and family therapy. These requirements are intended to maintain and improve the quality of professional services in marriage and family therapy provided to the public and keep the therapist knowledgeable of current research, techniques, and practice and provide other resources which will improve skill and competence in marriage and family therapy. sec.128.262. Deadlines. (a) Continuing education requirements for renewal shall be fulfilled during each year beginning on the first day of a therapist's renewal year and ending on the last day of the therapist's renewal year. (b) The initial period for each therapist shall include the period of time from the date of issuance of the licensee's first license to the first renewal date. sec.128.263. Hour Requirements for Continuing Education. A licensee must complete 24 clock hours of continuing education acceptable to the board during each year as described in sec.128.262 of this title (relating to Deadlines). Three of the 24 hours must be directly related to therapist ethics. (1) A clock hour shall be 60 minutes of attendance and participation in an acceptable continuing education experience. (2) Continuing education experiences acceptable to the board shall be those set forth in sec.128.264 of this title (relating to Types of Acceptable Continuing Education). sec.128.264. Types of Acceptable Continuing Education.
          Continuing education undertaken by a therapist shall be acceptable if the experience falls in one or more of the following categories: (1) participation in those sections of programs (e.g., institutes, seminars, workshops, and conferences) which employ didactic and experiential methods to increase skill and competence in therapy taught by persons who hold licensure granted by the board or an equivalent therapist licensure board in another state; (2) participation in those sections of programs (e.g., institutes, seminars, workshops, and conferences) which are designed to increase professional knowledge related to the practice of therapy and are conducted by persons qualified within their respective professions by appropriate state licensure or certification where state licensure or certification exists, or in states outside of Texas where licensure or certification does not exist by completion of a graduate degree and certification by their respective professional associations; (3) teaching or consultation in programs such as institutes, seminars, workshops, and conferences which are designed to increase professional knowledge related to the practice of therapy provided that such teaching and consultation is not a part of, or required as a part of, one's employment; (4) completion of graduate academic courses in areas supporting development of skill and competence in therapy at an institution which meets the accreditation standards acceptable to the board (e.g., accreditation by a recognized accrediting agency); or (5) participation in case supervision or consultation provided that such supervision or consultation is not required as a part of a therapist's employment; is conducted according to stated training or didactic goals such as expertise in specific techniques including supervision techniques or certification in specialty areas of therapy; and is conducted by an appropriately state-licensed or state-certified mental health professional who meets board requirements for supervisors, demonstrates training and expertise in the specific area for which supervision is provided, and has received prior approval by the board for the program which does not exceed six months in length. sec.128.265. Procedures for Approval of Programs. Individuals and organizations may initiate requests for board approval and hour credits of specific programs for continuing education credit either before or after these programs occur. Approval shall be given only for the specific program described in the request. (1) The licensee is ultimately responsible for providing, or arranging for sponsors to provide, the information necessary for the board to make a determination of the applicability of the program to the continuing education requirements. (2) Sponsors may initiate their own requests and may, when approval is obtained in advance, announce such approval in connection with the continuing education experience utilizing statements prescribed by the board. sec.128.266. Criteria for Approval of Continuing Education Activities. (a) Each continuing education experience submitted by a licensee will be evaluated on the basis of the following criteria. Attendance at programs shall be in accordance with sec.128.264 of this title (relating to Types of Acceptable Continuing Education) and shall consider the following: (1) relevance of the subject matter to increase or support the development of skill and competence in therapy; (2) objectives of specific information and/or skill to be learned; (3) subject matter, education methods, materials, and facilities utilized including the frequency and duration of sessions and the adequacy to implement learner objectives; and (4) sponsorship and leadership of programs including the name of the sponsoring individual(s) or organization(s); program leaders if different from sponsors; and contact person if different from the preceding. (b) Teaching in approved programs shall be in accordance with sec.128.264. Documentation from the sponsor(s) including an evaluative statement of performance is required. (c) Completion of academic work shall be in accordance with sec.128.264. Official graduate transcripts from an accredited school showing completion of graduate hours in appropriate areas for which the licensee received at least a grade of "B" is required. sec.128.267. Determination of Clock Hour Credits. The board shall credit continuing education experiences as follows. (1) Parts of programs which meet the criteria of sec.128.263 of this title (relating to Hour Requirements for Continuing Education) and sec.128.262 of this title (relating to Criteria for Approval of Continuing Education Activities) shall be credited on a one-for-one basis with one clock hour credit for each clock hour spent in the continuing education activity. (2) Teaching in programs which meet the board's criteria as set out in sec.128.264 of this title (relating to Types of Acceptable Continuing Education) shall be credited one clock hour for one clock hour taught plus one clock hour for preparation for each hour actually taught. No more than one-third of the continuing education requirements can be credited under this option, and credit may be not be granted more than twice for the same presentation or program during any year cycle. The remaining two-thirds of the continuing education requirement in each year cycle must be obtained under another of the available options in accordance with sec.128.264. (3) Completion of academic work at an institution which meets the accreditation standards acceptable to the board shall be credited on the basis of 10 clock hours of credit for each semester hour, five clock hours of credit for each quarter hour completed and for which a grade of "B" or above was received as evidenced on an official graduate transcript. (4) No more than 12 clock hours of the 24 clock hour continuing education requirement can be obtained under the option of participation in case supervision and consultation programs set out in sec.128.264. sec.128.268. Reporting of Continuing Education. The requirement for continuing education shall be as follows. (1) A licensee's continuing education report shall be filed on a form provided by the board which the licensee shall complete or sign. (2) A licensee shall submit the required report only at the time of renewal at the end of the continuing education cycle. The continuing education sponsor may submit a roster on a form provided by the board of those therapists completing a continuing education experience; however, the licensee is ultimately responsible for ensuring that the board receives timely notice of the licensee's completion of any continuing education activity. (3) Each report must be accompanied by appropriate documentation of the continuing education claimed on the report as follows: (A) for a program attended, signed certification on a certificate, letter, or letterhead of the sponsoring agency, or official continuing education validation form of the sponsoring agency by a program leader or instructor of the licensee's participation in the program; (B) for teaching or consultation in approved programs, a letter on the sponsoring agency's letterhead giving name of program, location, dates, and subjects taught and giving total clock hours of teaching or consultation. Documentation such as the board's roster form, official programs, or other appropriate documentation may be accepted; or (C) for completion of academic work from accredited schools, an official graduate transcript showing course credit with at least a "B" or pass grade. sec.128.269. Activities Unacceptable as Continuing Education. The board will not give continuing education credit to any therapist for: (1) education incidental to the regular professional activities of a therapist such as learning occurring from experience or research; (2) organizational activity such as serving on committees or councils or as an officer in a professional organization; (3) meetings and activities such as in-service programs which are required as a part of one's job; (4) any experience which does not fit the types of acceptable continuing education in sec.128.264 of this title (relating to Types of Acceptable Continuing Education). sec.128.270. Failure to Complete Required Continuing Education. (a) The board shall not renew the license of a person who fails to complete the required continuing education within any reporting period. (b) A person who failed to complete all requirements for licensure renewal may complete the required continuing education within one year after the end of his or her continuing education period. The person's license shall be renewed upon submission of the required continuing education report within the one-year period and upon payment of the required late renewal fee and penalty fees as appropriate. The ending dates of a therapist's subsequent continuing education cycle under sec.128.262 of this title (relating to Deadlines) is not changed or extended when a licensee did not meet continuing education requirements in any previous period(s). Issued in Austin, Texas, on December 16, 1991. TRD-9115935 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: December 16, 1991 Expiration date: April 14, 1992 For further information, please call: (512) 459-2912 Subchapter L. Complaints and Violations 25 TAC sec.sec.128.291-128.295 The new sections are adopted on an emergency basis under Acts 1991, 72nd Legislature, Chapter 824 (Senate Bill 181), sec.13, which provides the Texas Board of Health, with the advice of the Texas State Board of Examiners of Marriage and Family Therapists, with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists; Health and Safety Code, sec.12.001, which provides the Board of Health with the authority to adopt rules to implement every duty imposed by law on the Board of Health, the department, and the commissioner of health; and Texas Civil Statutes, Article 6252-13a, sec.5, which provide the board with authority to adopt emergency rules. sec.128.291. Purpose. The purpose of this subchapter is to set forth the valid causes for the denial, revocation, or suspension of licensure and the procedures for filing complaints and allegations of statutory or rule violations. (1) Prior to denying, suspending, or revoking a license, the subcommittee shall give the applicant or licensee the opportunity for a formal hearing in accordance with the provisions of Subchapter L of this chapter (relating to Complaints and Violations) and Subchapter M of this chapter (relating to Formal Hearings). (2) The following shall be grounds for denial, suspension, or revocation of a license, if a person has: (A) obtained or attempted to obtain licensure by fraud or deception; (B) been declared mentally incompetent by a court of competent jurisdiction; (C) misrepresented himself or herself as a licensed marriage and family therapist; (D) had a license or certification revoked by a licensing agency or by a certifying professional organization; or (E) has otherwise violated the Act, or a rule or code of ethics adopted under this Act. sec.128.292. Procedures for Revoking, Suspending, or Denying a License to Persons with Criminal Backgrounds. (a) The board's executive director will give written notice to the person that the board intends to deny, suspend, or revoke the license after a hearing in accordance with the provisions of the Administrative Procedure and Texas Register Act (APTRA), Texas Civil Statutes, Article 6252-13a, and the board's hearing procedures in Subchapter N of this chapter (relating to Formal Hearings). (b) If the board denies, suspends, or revokes a license under these rules, the executive director will give that person written notice: (1) of the reasons for the decision; (2) that the person, after exhausting administrative appeals, may file an action in a district court of Travis County, for review of the evidence presented to the board and its decision in accordance with APTRA; and (3) that the person must begin the judicial review by filing a petition with the court within 30 days after the board's action is final and appealable. sec.128.293. Violations by an Unlicensed Person. (a) A person commits an offense if he or she knowingly or intentionally acts as a licensed professional marriage and family therapist without being licensed by the board. Such an offense is a Class B misdemeanor. (b) An unlicensed person who facilitates or coordinates the provision of professional services but does not act as a licensed marriage and family therapist is not in violation of the Act. sec.128.294. Power to Sue. The board may institute a suit in its own name and avail itself of any other action, proceeding, or remedy authorized by law to enjoin the violation of the Act. sec.128.295. Complaint Procedures. (a) A person wishing to report a complaint against or alleged violation of the Act or these rules by a licensee or other person shall notify the executive director, Texas State Board of Examiners of Marriage and Family Therapists, 1100 West 49th Street, Austin, Texas 78756-3183. The initial notification of a complaint may be in writing, by telephone, or by personal visit to the board office. (b) Upon receipt of a complaint, the executive director may send to the complainant an official form which the complainant should complete and return to the board office. (c) Upon receipt of a complaint, the executive director shall notify the alleged violator of the complaint and request a written response within 45 days. (d) The executive director shall collect all information related to the complaint. The chair shall appoint a committee to review the complaint and the supporting documentation to determine if there is sufficient evidence to request further investigation. (e) The executive director shall keep an information file about each complaint, and shall notify the parties to the complaint of the status of the complaint, on a quarterly basis, until the complaint is resolved. (f) The committee may request further investigation of the complaint. After investigation has been completed, the person completing the investigation shall submit his or her findings to the committee and the executive director. The written investigative report shall set out all facts obtained during the investigation. (g) If the committee determines that there are insufficient grounds to support or act upon the complaint, the committee may dismiss the complaint and give written notice of the dismissal to the complainant and the licensee or person against whom the complaint has been filed. (h) If the committee determines that there are sufficient grounds to support the complaint, the committee may recommend to the board that the license be denied, suspended, or revoked, or that other appropriate action as authorized by law be taken. Issued in Austin, Texas, on December 16, 1991. TRD-9115936 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: December 16, 1991 Expiration date: April 14, 1992 For further information, please call: (512) 459-2912 Subchapter M. Licensing of Persons with Criminal Backgrounds. 25 TAC sec.128.321, sec.128.322 The emergency rules are adopted under Acts 1991, 72nd Legislature, Chapter 824, (Senate Bill 181), sec.13, which provides the Texas Board of Health, with the advice of the Texas State Board of Examiners of Marriage and Family Therapists, with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists; Health and Safety Code, sec.12.001, which provides the Board of Health with the authority to adopt rules to implement every duty imposed by law on the Board of Health, the Department, and the Commissioner of Health; and Texas Civil Statutes, Article 6252-13a, sec.5, which provides the board with authority to adopt emergency rules. sec.128.321. Purpose. The purpose of this subchapter is to establish guidelines and criteria on the eligibility of persons with criminal backgrounds to obtain licenses as marriage and family therapists. sec.128.322. Criminal Conviction. (a) The board shall consider the felony or misdemeanor conviction of a therapist as grounds for the suspension or revocation of the therapist's license and shall review the conviction. (b) The board may suspend or revoke an existing license, disqualify a person from receiving a license, or deny a person the opportunity to be examined for a license because of a person's conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of a therapist. (c) In considering whether a criminal conviction directly relates to the occupation of a therapist, the board shall consider: (1) the nature and seriousness of the crime; (2) the relationship of the crime to the purposes for requiring a licensee to be a therapist. The following felonies and misdemeanors relate to the license of a therapist because these criminal offenses indicate an inability or a tendency to be unable to perform as a therapist: (A) the misdemeanor of knowingly or intentionally acting as a therapist without a license; (B) a misdemeanor and/or a felony offense under various titles of the Texas Penal Code: (i) concerning Title 5, which relates to offenses against the person; (ii) concerning Title 7, which relates to offenses against property; (iii) concerning Title 9, which relates to offenses against public order and decency; (iv) concerning Title 10, which relates to offenses against public health, safety, and morals; and (v) concerning Title 4, which relates to offenses of attempting or conspiring to commit any of the offenses in clauses (i)-(iv) of this subparagraph; (C) misdemeanors and felonies listed in subparagraph (B)(i)-(ii) of this paragraph are not inclusive in that the board may consider other particular crimes in special cases in order to promote the intent of the Act and this chapter; (3) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and (4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a therapist. In making this determination, the board will apply the criteria outlined in Texas Civil Statutes, Article 6252-13c, sec.4(c)(1)-(7). Issued in Austin, Texas, on December 16, 1991. TRD-9115937 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: December 16 1991 Expiration date: April 14, 1992 For further information, please call: (512) 459-2912 Subchapter N. Formal Hearings 25 TAC sec.sec.128. 331-128.339 The emergency rules are adopted under Acts 1991, 72nd Legislature, Chapter 824, (Senate Bill 181), sec.13, which provides the Texas Board of Health, with the advice of the Texas State Board of Examiners of Marriage and Family Therapists, with the authority to adopt rules concerning the regulation and licensure of marriage and family therapists; Health and Safety Code, sec.12.001, which provides the Board of Health with the authority to adopt rules to implement every duty imposed by law on the Board of Health, the Department, and the Commissioner of Health; and Texas Civil Statutes, Article 6252-13a, sec.5, which provides the board with authority to adopt emergency rules. sec.128.331. Purpose. The purpose of this subchapter is to set forth the formal hearing procedures and practices that will be used by the board in handling denials, suspensions, and revocations of licenses and other contested cases and implements the contested case provisions of the Administrative Procedure and Texas Register Act (APTRA), Texas Civil Statutes, Article 6252-13a. sec.128.332. General. (a) The board on its own motion or on request from a licensee or applicant may initiate a formal hearing. A formal hearing and all related proceedings shall be conducted in accordance with the provision of APTRA, applicable state statutes, and this chapter. (b) A formal hearing or contested case proceeding unless otherwise determined by board shall be held in Travis County. (c) The appropriate committee may determine whether a hearing will be held before a hearing examiner of the board. If a hearing examiner is not utilized, the board shall conduct the formal hearing and contested case proceedings, and all references in this subchapter to the hearing examiner shall be references to the board. sec.128.333. Notice. (a) The hearing examiner shall give notice of the formal hearing according to the notice requirements of APTRA. (b) If a party fails to appear or be represented at a hearing or proceeding after receiving notice, the hearing examiner may proceed with the hearing or proceeding or take whatever action is fair and appropriate under the circumstances. sec.128.334. Parties to the Hearing. (a) All parties must have a justiciable interest in the proceedings to be designated as parties. All appearances are subject to a motion to strike upon a showing that the party has no justiciable interest in the proceeding. (b) A party has the privilege to participate fully in any prehearing and formal hearing, to appeal as provided by law, and to perform any and all duties and privileges provided by APTRA and other applicable laws. (c) Any person not wishing to be designated as a party but desiring only to appear for the purpose of showing support or opposition or to make general relevant statements showing support or opposition may appear at the hearing and make or file statements. (d) The hearing examiner shall designate parties at any time prior to final closing of the hearing. No person shall be admitted as a party later except upon a finding by the hearing examiner of good cause and extenuating circumstances and that the hearing will not be unreasonably delayed. (e) In their pleadings, parties may classify themselves as applicants, petitioners, respondents, protesters, complainants, etc., but regardless of such classification, the hearing examiner has the authority to determine and designate their true status whenever necessary. (f) A party may appear personally and/or be represented by counsel or other authorized representative. (g) The hearing examiner may require parties of each class of affected persons to select one person to represent them in the proceedings. sec.128.335. Subpoenas. (a) On the hearing examiner's own motion or on the written request of any party to the hearing, the hearing examiner shall issue a subpoena to the appropriate sheriff or constable to require the attendance of witnesses or the production of documents. (b) There must be a showing of good cause for the subpoena, i.e., the witnesses or documents must have information that is relevant and material to the hearing. The subpoena should not result in undue harassment, imposition, inconvenience, or unreasonable expense to a party. (c) A party or witness may seek to nullify the subpoena or move for a protective order as provided in the Texas Rules of Civil Procedure. (d) Witnesses may be subpoenaed. (e) Documents include books, papers, accounts, and similar materials or objects. (f) The payment of subpoena costs or fees and the failure to comply with a subpoena shall be governed by the APTRA, s14. sec.128.336. Depositions. The taking and use of depositions in any contested case proceeding shall be governed by the APTRA, sec.14. sec.128.337. Pre-hearing Conferences. (a) In a contested case, the hearing examiner, on his or her own motion or the motion of a party, may direct the parties, their attorneys, or representatives to appear at a specified time and place for a conference prior to the hearing for the purpose of: (1) the formulation and simplification of issues; (2) the necessity or desirability of amending the pleading; (3) the possibility of making admissions or stipulations; (4) the procedure at the hearing; (5) specifying the number of witnesses; (6) the mutual exchange of prepared testimony and exhibits; (7) designation of parties; and (8) other matters which may expedite the hearing. (b) The hearing examiner shall conduct the pre-hearing conference in such a manner and with the necessary authority to expedite the conference while reaching a fair, just, and equitable determination of any matters or issues being considered. (c) The hearing examiner shall have the minutes of the conference recorded in an appropriate manner and shall issue whatever orders are necessary covering the said matters or issues. (d) Any action taken at the pre-hearing conference shall be reduced to writing, signed by the parties, and made a part of the record. sec.128.338. Hearing Procedures. (a) The hearing examiner's duties. The hearing examiner shall preside over and conduct the hearing. On the day and time designated for the hearing, the hearing examiner shall: (1) convene and call the hearing to order; (2) state the purpose of and the legal authority for the hearing; (3) announce that a record of the hearing will be made; (4) outline the procedure and order of presentation that will be followed; (5) administer oaths to those who intend to testify; and (6) take any and all other actions as authorized by applicable law and this subchapter to provide for a fair, just, and proper hearing. (b) Order of presentation. (1) After making the necessary introductory and explanatory remarks on the purpose of and other matters related to the hearing, the hearing examiner will begin receiving testimony and evidence from the witnesses. (2) Each party may present evidence and testimony and cross-examine or ask clarifying question of any witness who presents evidence or testimony. (3) In the request for relief or action of any kind, the party seeking such relief or action has the burden of proving entitlement to the same; provided, however, that the order of the proceeding may be altered or modified by the hearing examiner either upon agreement of the parties or upon his or her own motion when such action will expedite the hearing without prejudice to any party. (4) When the party first proceeding finishes his or her case, the remaining party or parties will be allowed to present evidence and testimony in the same manner. Each witness is subject to cross-examination and clarifying questions by other participants to the proceedings. (5) The hearing examiner may limit the number of witnesses whose testimony will be repetitious, and the hearing examiner may also establish time limits for testimony so long as all viewpoints are given a reasonable opportunity to be expressed. (6) When the parties have concluded their testimony and evidence, the hearing examiner will ask the audience if any interested person desires to make a statement. If so, the interested person will be allowed to make his or her statement subject to cross-examination and clarifying questions by any party. (7) After interested persons make statements or if there are no such statements, the hearing examiner, at his or her discretion, may allow final arguments or take the case under advisement, and shall note the time and close the hearing. For sufficient cause, the hearing examiner may hold the record open for a stated number of days for the purpose of receiving additional evidence into the record. (c) Consolidation. The hearing examiner, upon his or her own motion or upon motion by any party, may consolidate for hearing two or more proceedings which involve substantially the same parties or issues. Proceedings before the agency shall not be consolidated without consent of all parties to such proceedings unless the hearing examiner finds that such consolidation will be conducive to a fair, just, and proper hearing and will not result in unwarranted expense or undue delay. (d) The hearing record. The hearing record will include: (1) all pleadings, motions, and intermediate rulings; (2) evidence received or considered; (3) a statement of matters officially noticed; (4) questions and offers of proof, objections, and rulings of them; (5) proposed findings and exceptions; (6) any decision, opinion, or report by the hearing examiner; and (7) all staff memoranda or data submitted to or considered by the hearing examiner or members of the agency who are involved in making the decision. (e) Recording the hearing. The hearing examiner will keep either a stenographic or audio record of the hearing proceeding. In the event an independently contracted court reporter is utilized in the making of the record of the proceedings, the board shall bear the cost of the per diem or other appearance fee for such a reporter. Any party desiring a written transcript of the proceedings shall contract directly with such court reporter and be responsible for payment of same pursuant to the authority of the APTRA, s13(g). In those cases when a tape recording of the formal hearing is made, the board shall make such recording available to any party requesting permission to hear or, with appropriate protective measures, allow such recording to be duplicated. Upon appeal of any final order of the board necessitating the forwarding of the record to a court of law, the board may assess the cost of the transcript to the appealing party. (f) Rules of evidence. The hearing examiner, at a hearing, a reopened hearing, or a rehearing will apply the rules of evidence under the APTRA, sec.14(a), and the following rules. (1) Consolidation. The hearing examiner may consolidate the testimony of parties or persons if the evidence can be effectively consolidated into one document or the testimony of one witness. The standard by which the hearing examiner should judge this consolidation is whether each party or person can offer unique or new evidence that has not been previously introduced. Any party, under oath, may make an offer of proof of the testimony or evidence excluded through consolidation by dictating into the record or submitting in writing the substance of the proposed testimony prior to the conclusion of the hearing. (2) Documentary evidence. Documentary evidence should be presented in its original form but if the original is not readily available, documentary evidence may be received in the form of copies or excerpts. On request, parties shall be given an opportunity to compare the copy with the original. When numerous documents are offered, the hearing examiner may limit those admitted to a number which is typical and representative, and may, at his or her discretion, require the abstracting of the relevant data from the documents and presentation of the abstracts in the form of exhibits; provided, however, that before making such requirement, the hearing examiner shall require that all parties of record or their representatives be given the right to examine the documents from which such abstracts were made. Any party may make an offer of proof of the documents which are excluded by a hearing examiner's decision to remove only typical or representative documents. (3) Exhibits. (A) Form. Exhibits of documentary character shall be limited to facts material and relevant to the issues involved in a particular proceeding, and the parties shall make a reasonable effort to introduce exhibits which will not unduly encumber the files and records of the board. (B) Tender and service. The original of each exhibit offered shall be tendered to the hearing examiner or a designee for identification and shall be offered to the parties for their inspection prior to offering or receiving the same into evidence. (C) Excluded exhibits. In the event an exhibit has been identified, objected to, and excluded, it shall be given an exhibit number for purposes of identification and shall be included in the record under seal. (D) After hearing. Unless specifically directed by the hearing examiner, no exhibit will be permitted to be filed in any proceeding after the conclusion of the hearing except in a reopened hearing or a rehearing. (4) Admissibility of prepared testimony and exhibits. When a proceeding will be expedited and the interests of the parties will not be prejudiced substantially, evidence may be received in written form. The prepared testimony of a witness upon direct examination, either in narrative or question and answer form, may be incorporated in the record as if read or received as an exhibit, upon the witness being sworn and identifying the same as a true and accurate record of what his or her testimony would be if he or she were to testify orally. The witness shall be subject to clarifying questions and to cross-examination and his or her prepared testimony shall be subject to a motion to strike either in whole or in part. (5) Offer of proof. When testimony is excluded by the hearing examiner, the party offering such evidence shall be permitted to make an offer of proof by dictating into the record or submitting in writing the substance of the proposed testimony prior to the conclusion of the hearing, and such offer of proof shall be sufficient to preserve the point for review by the board. The hearing examiner may ask such questions of the witness as he or she deems necessary to satisfy himself or herself that the witness would testify as represented in the offer of proof. An alleged error in sustaining any objections to questions asked on cross-examination may be preserved without making an offer of proof. (6) Official notice. Official notice by the hearing examiner of the board shall be governed by the APTRA, sec.14(q). Official notice may be taken of any statute, ordinance, or duly promulgated and adopted rules or regulations of any governmental agency. The examiner shall indicate during the course of a hearing that information of which he or she will take official notice. When an examiner's findings are based upon official notice of a material fact not appearing in the evidence of record, the examiner shall set forth in his or her proposal for decision those items with sufficient particularity so as to advise the parties of the matters which have been officially noticed. The parties shall have the opportunity to show to the contrary through the filing of exceptions to the hearing examiner's proposal for decision. sec.128.339. Action After the Hearing. (a) Reopening of hearing for new evidence. (1) The board may reopen a hearing where new evidence is offered which was unobtainable or unavailable at the time of the hearing. (2) The board will reopen a hearing to include such new evidence as part of the record if the board deems such evidence necessary for a proper and fair determination of the case. The reopened hearing will be limited to only such new evidence. (3) Notice and procedural requirements will be the same as for the original hearing. (b) Proposal for decision. (1) If a proposal for decision is necessary under the APTRA, sec.15, the hearing examiner shall prepare the proposal and provide copies of the same to all parties. (2) Each party having the right and desire to file exceptions and briefs shall file them with the hearing examiner within the time designated by the hearing examiner. (3) Parties desiring to do so shall file written replies to these exceptions and briefs as soon as possible after receiving same and within the time designated by the hearing examiner. (4) All exceptions and replies to them shall be succinctly stated. (c) Pleadings after close. At any time after the record has been closed in a contested case, and prior to the administrative decision becoming final in such case, all briefs, exceptions, written objections, motions (including motion for rehearing), replies to the foregoing, and all other written documents shall be filed with the hearing examiner. The party filing such instrument shall provide copies of the same to all other parties of record by first class United States mail or personal service and certify, in writing thereon, the names and addresses of the parties to whom copies have been furnished, as well as the date and manner of service. (d) Final orders or decisions. (1) The final order or decision will be rendered by the board. (2) All final orders or decisions shall be in writing and shall set forth the findings of fact and conclusions required by law, either in the body of the order or by reference to the hearing examiner's proposal for decision. (3) All final orders shall be signed by the executive director and the chairperson of the board; however, interim orders may be issued by the hearing examiner in accordance with his or her order of appointment. (4) A copy of all final orders and decisions shall be timely provided to all parties as required by law. (e) Motion for rehearing. A motion for rehearing shall be governed by the APTRA, sec.16, or other pertinent statute and shall be addressed to the executive director of the board and filed with the hearing examiner. (f) Appeals. All appeals from final board orders or decisions shall be governed by the APTRA, sec.19 and sec.20, or other pertinent statute and communications regarding any appeal shall be to the executive director of the board. Issued in Austin, Texas, on December 16, 1991. TRD-9115938 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: December 16, 1991 Expiration date: April 14, 1992 For further information, please call: (512) 459-2912 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part IX. Texas Water Commission Chapter 335. Industrial Solid Waste and Municipal Hazardous Waste Subchapter J. Industrial Solid Waste and Hazardous Waste Fee System 16 TAC sec.sec.335.321-335.332 The Texas Water Commission is renewing the effectiveness of the emergency adoption of amended and new sec.sec.335.321-335.332, for a 60-day period effective December 30, 1991. The text of amended and new sec.sec.335.321-335.332 was originally published in the September 3, 1991, issue of the Texas Register (16 TexReg 4780). Issued in Austin, Texas, on December 18, 1991. TRD-9116040 John Vay Director, Legal Services Texas Water Commission Effective date: December 26, 1991 Expiration date: February 24, 1992 For further information, please call: (512) 463-8069 22 point=10.94p set=10.94p>sec.sec.335.325-335.333 The Texas Water Commission is renewing the effectiveness of the emergency adoption of the repeals of sec.sec.335.325-335.333, for a 60-day period effective December 30, 1991. The text of the repeals of sec.sec.335.325-335.333 was originally published in the September 3, 1991, issue of the Texas Register (16 TexReg 4795). Issued in Austin, Texas, on December 18, 1991. TRD-9116039 John Vay Director, Legal Services Texas Water Commission Effective date: December 26, 1991 Expiration date: February 24, 1992 For fur--ther information, please call: (512) 463-8069