EMERGENCY RULESAn 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 and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional 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 22. EXAMINING BOARDS PART XXI. Texas State Board of Examiners of Psychologists CHAPTER 463.Applications 22 TAC sec.463.5 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.463.5 on an emergency basis. This emergency rule is effective immediately for no more than 120 days after publication in the Texas Register. The amended section is necessary to effectively implement the requirements of Senate Bill 673 of the 74th Legislature of Texas. The emergency amended section establishes standards to define the term "substantial equivalent" for purposes of sec.15A of the Psychologists' Certification and Licensing Act which permits the Texas State Board of Examiners of Psychologists to issue a one-year temporary license to individuals licensed in another jurisdiction who are seeking permanent licensure from the Board. The amended section tracks the criteria and/or qualifications for determining if the licensing laws under which the applicant is currently licensed in another jurisdiction has requirements for licensure that are substantially equivalent to the Board's requirement to permit temporary licensure of the applicant by the Board. In addition, it sets forth additional requirements that the applicant must meet to qualify for temporary licensure with the Board while the applicant satisfies the Board's requirements for permanent licensure. The Texas State Board of Examiners of Psychologists is mandated by the Legislature to regulate the licensure and practice of all individuals who offer psychological services to the public. The fact that the Board has no current rules to permit the Board to adequately assess the qualifications of applicants for temporary licensure based on both the individual merits of the applicant and the law under which the applicant is currently licensed, along with the influx of applicants for temporary licensure under Section 15A of the Psychologists' Certification and Licensing Act, creates an imminent peril to the health, safety and welfare of the public and necessitates the emergency adoption of amended sec.463.5. The amendment is adopted on an emergency basis under the Psychologists' Certification and Licensing Act, sec.8(a) and sec.15A. Section 8(a) of the Psychologists' Certification and Licensing Act provides the Board with authority to promulgate rules in accordance with the Constitution and Laws of this State. Section 15A authorizes the Board to grant temporary licenses to individuals who meet certain criteria and/or qualifications. sec.463.5. Application File Requirements. An application file must be complete and contain whatever information or examination results the Board requires. An incomplete application remains in the active file for 90 days, at the end of which time, if still incomplete, it is void. If certification or licensure is sought again, a new application and filing fee must be submitted. No applicant can have more than one application as described in paragraphs (2), (3) and/or (5) of this section pending before the Board at one time. For any applicant against whom a complaint is filed with this Board, any final decision on the application will be held in abeyance until the Board has made a final determination on the complaint filed. If the complaint is not resolved within 180 days after an application has been held in abeyance, the Board shall review the complaint and make a determination as to whether to issue the license notwithstanding the complaint. In making the determination, the Board shall consider any relevant factor, including the potential for harm to the public if the license is granted, and the nature and severity of the allegations. The applicant will be permitted to take all required exams as scheduled but will not be certified or licensed until approved by the Board. (1)-(7) (No change.) (8) Temporary License/Certificate. (A) (No change.) (B) A completed application for a temporary license or certificate must include, in addition to the requirements stated in paragraph (1) of this section for all applicants: (i) a statement which has a notary seal or a state seal from the appropriate psychology licensing agency in another jurisdiction confirming that the applicant has an active license, certificate,
    [license/certificate] or registration
      and is in good standing with that jurisdiction; and (ii) proof of any other applicable requirement set forth in Board Rule sec.463.7 of this title (relating to Temporary Licensure Requirements for Applicants Seeking Permanent Licensure as Psychologists or Psychological Associates)
        [an official notification] sent
          directly from the appropriate source to the Board
            [professional examination service that the applicant has passed the required appropriate examination with a score that meets or exceeds the cut-off score in Texas at the time the application is filed with the Board; and] [(iii) proof that the requirements for licensure/certification in the other jurisdiction are substantially equal to those prescribed by the Psychologists' Certification and Licensing Act for the State of Texas. [(C) In addition to the requirements listed in subparagraph (B) of this paragraph, all applications must include the following: [(i) For temporary licensure as a psychological associate, official transcripts sent directly to the Board's office from all colleges/universities where post- baccalaureate course work was completed as found in Board Rule sec.463.8 of this title (relating to Educational Requirements for the Licensed Psychological Associate); or [(ii) For temporary certification or licensure as a psychologist, an official transcript which indicates that an applicant has received a doctoral degree in psychology and meets the requirements of either sec.11(b) or (c) of the Psychologists' Certification and Licensing Act, for the State of Texas.] (C)
              [(iii)] For temporary licensure as a Licensed Specialist in School Psychology, proof that the individual has been certified as a National Certified School Psychologist, or official transcripts sent directly to the Board from all colleges/universities where applicant completed post-baccalaureate course work verifying the requirements set forth in Board Rule sec.463.32 of this title (relating to Licensed Specialist in School Psychology); and, if the applicant did not graduate from either a training program accredited by the National Association of School Psychologists or a training program in school psychology accredited by the American Psychological Association, proof of the internship. (9) (No change.) This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 26, 1997. TRD-9702802 Sherry L. Lee Executive Director Texas State Board of Examiners of Psychologists Effective date: February 27, 1997 Expiration date: June 28, 1997 For further information, please call: (512) 305-7700 22 TAC sec.463.7 The Texas State Board of Examiners of Psychologists adopts new sec.463.7 on an emergency basis. This emergency rule is effective immediately for no more than 120 days after publication in the Texas Register. The new section is necessary to effectively implement the requirements of Senate Bill 673 of the 74th Legislature of Texas. The emergency rule establishes standards to define the term "substantial equivalent" for purposes of sec.15A of the Psychologists' Certification and Licensing Act which permits the Texas State Board of Examiners of Psychologists to issue a one-year temporary license to individuals licensed in another jurisdiction who are seeking permanent licensure from the Board. The new section sets forth the criteria and/or qualifications for determining if the licensing laws under which the applicant is currently licensed in another jurisdiction has requirements for licensure that are substantially equivalent to the Board's requirement to permit temporary licensure of the applicant by the Board. In addition, it sets forth additional requirements that the applicant must meet to qualify for temporary licensure with the Board while the applicant satisfies the Board's requirements for permanent licensure. The Texas State Board of Examiners of Psychologists is mandated by the Legislature to regulate the licensure and practice of all individuals who offer psychological services to the public. The fact that the Board has no current rules to permit the Board to adequately assess the qualifications of applicants for temporary licensure based on both the individual merits of the applicant and the law under which the applicant is currently licensed, along with the influx of applicants for temporary licensure under Section 15A of the Psychologists' Certification and Licensing Act, creates an imminent peril to the health, safety and welfare of the public and necessitates the emergency adoption of new sec.463.7. The new section is adopted on an emergency basis under the Psychologists' Certification and Licensing Act, sec.8(a) and sec.15A. Section 8(a) of the Psychologists' Certification and Licensing Act provides the Board with authority to promulgate rules in accordance with the Constitution and Laws of this State. Section 15A authorizes the Board to grant temporary licenses to individuals who meet certain criteria and/or qualifications. sec.463.7. Temporary Licensure Requirements for Applicants Seeking Permanent Licensure as Psychologists or Psychological Associates. (a) For purposes of Section 15A, Endorsement, of the Psychologists' Certification & Licensing Act, an applicant for temporary licensure or certification as a psychologist or an applicant for temporary licensure as a psychological associate must establish that the requirements for licensing, certification, or registration in the jurisdiction in which the applicant for temporary license is currently licensed "are substantially equal to those prescribed by this Act" by demonstrating that: (1) The jurisdiction requires: (A) A doctoral degree in psychology for licensure, certification or registration as a psychologist, if the applicant seeks temporary licensure or certification as a psychologist; or (B) A master's degree from a program that is primarily psychological in nature, if the applicant seeks temporary licensure as a psychological associate; and (2) The jurisdiction requires that the licensee, certificand, or registrant has passed the EPPP; and (3) For applicants seeking temporary licensure as a psychologist: (A) That the jurisdiction requires, as a condition for licensure, certification, or registration as a psychologist, that all applicants either: (i) Successfully pass an oral examination; or (ii) Complete two years of supervised experience in the field of psychological services, at least one year of which must have been received after the conferring of the doctoral degree; and (B) That the jurisdiction permits all psychologists so licensed, certified, or registered to engage in the independent practice of psychology. (b) In addition to establishing that the jurisdiction in which the applicant is currently licensed, certified, or registered meets the criteria set forth in subsection (a) of this section, an applicant for temporary licensure or certification must also show: (1) If the applicant is applying for a temporary license as a psychological associate: (A) That the applicant has a master's degree of at least 42 semester hours from a program which is primarily psychological in nature from a regionally accredited university or college; and (B) That the applicant has passed the EPPP at a 55% level or greater; and (C) That the applicant completed prior to licensure, certification or registration at least four hundred 50 hours of a practicum, internship or work experience in psychology under the supervision of a qualified psychologist. (2) If the applicant is applying for temporary certification as a psychologist: (A) That the applicant has completed a doctoral degree in psychology from a regionally accredited institution; and (B) That the applicant has passed the EPPP at a 70% level or greater. (3) If the applicant is applying for temporary licensure as a psychologist, that, in addition to meeting all requirements set forth in this paragraph for temporary certification as a psychologist, the applicant has either: (A) Completed two years of supervised experience in the field of psychological services, at least one year of which must have been received after the conferring of the doctoral degree; or (B) Taken and passed an oral examination for the purposes of licensure as a psychologist in a jurisdiction whose requirements are substantially equal to those prescribed under this Act as defined in subsection (a) of this section. (c) An applicant for temporary licensure is responsible for providing the Board with the most current requirements from the jurisdiction in which the applicant is currently licensed, certified, or registered for purposes of establishing that the jurisdiction's requirements for licensure, certification, or registration are substantially equal to those prescribed by this Act as defined in this rule. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 26, 1997. TRD-9702803 Sherry L. Lee Executive Director Texas State Board of Examiners of Psychologists Effective date: February 27, 1997 Expiration date: June 28, 1997 For further information, please call: (512) 305-7700 TITLE 25. HEALTH SERVICES PART VIII. Interagency Council on Early Childhood Intervention Services CHAPTER 621. Early Childhood Intervention Early Childhood Intervention Service Delivery 25 TAC sec.621.23, sec.621.24 The Interagency Council on Early Childhood Intervention Services is renewing the effectiveness of the emergency adoption of amended sec.621.23 and sec.621.24, for a 60-day period. The text of amended sec.621.23 and sec.621.24 was originally published in the November 15, 1996, issue of the Texas Register (21 TexReg 11149). Issued in Austin, Texas, on February 28, 1997. TRD-9702881 Donna Samuelson Deputy Executive Director Interagency Council on Early Childhood Intervention Services Effective date: March 6, 1997 Expiration date: May 6, 1997 For further information, please call: (512) 424-6754 Procedural Safeguards and Due Process Procedures 25 TAC sec.621.46 The Interagency Council on Early Childhood Intervention Services is renewing the effectiveness of the emergency adoption of amended sec.621.46, for a 60-day period. The text of amended sec.621.46 was originally published in the November 15, 1996, issue of the Texas Register (21 TexReg 11150). Issued in Austin, Texas, on February 28, 1997. TRD-9702880 Donna Samuelson Deputy Executive Director Interagency Council on Early Childhood Intervention Services Effective date: March 6, 1997 Expiration date: May 6, 1997 For further information, please call: (512) 424-6754