Texas Register Table of Contents
- 1 Texas State Board of Examiners of Psychologists
- 1.0.1 Proposed Rules Re:
- 1.0.1.1 Amending 22 TAC §465.2, to require supervisors to develop a custody plan for all supervision records in the event of death or disability.
- 1.0.1.2 Amending 22 TAC §465.34, to allow a licensee to form a collaborative relationship with other mental health service providers seen by the licensee’ client.
- 1.0.1 Proposed Rules Re:
- 2 Texas State Board of Examiners of Professional Counselors
- 2.0.1 Proposed Rules Re:
- 2.0.1.1 Amending 22 TAC §681.91, to update language concerning LPC Associate practice to be more plain and direct.
- 2.0.1.2 Amending 22 TAC §681.93, to require an LPC supervisor to document the duration of supervision sessions and the locations at which an Associate will practice as part of their supervision file.
- 2.0.1 Proposed Rules Re:
- 3 Texas State Board of Examiners of Marriage and Family Therapists
- 3.0.1 Proposed Rules Re:
- 3.0.1.1 Amending 22 TAC §801.44, to require a licensee who provides services to a client who concurrently receives services from another provider to seek consent from the client to contact the other provider and try to establish a collaborative relationship with that provider.
- 3.0.1.2 Amending 22 TAC §801.142, to set forth LMFT Associate notification requirements.
- 3.0.1.3 Amending 22 TAC §801.143, to clarify that a supervisor may share a copy of a remediation plan with other supervisor of an LMFT Associate.
- 3.0.1 Proposed Rules Re:
- 4 Texas Behavioral Health Executive Council
- 4.0.1 Proposed Rules Re:
- 4.0.1.1 Amending 22 TAC §882.1, to standardize the expiation of incomplete license applications.
- 4.0.1.2 Amending 22 TAC §882.2, to specify that time periods for licensed experience shall begin when the relevant license is issued.
- 4.0.1.3 Amending 22 TAC §882.21, to allow licensees with a delinquent license to transfer that license into inactive status.
- 4.0.1 Proposed Rules Re:
- 5 Texas Health and Human Services Commission
- 5.0.1 Withdrawn Rules Re:
- 5.0.2 Adopted Rules Re:
- 5.0.3 Proposed Rule Reviews Re:
- 5.0.4 Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal of the chapter concerning the client care of individuals receiving services at state supported living centers.
- 5.0.5 Adopted Rule Reviews Re:
- 6 Texas Department of State Health Services
Texas State Board of Examiners of Psychologists
Proposed Rules Re:
Amending 22 TAC §465.2, to require supervisors to develop a custody plan for all supervision records in the event of death or disability.
CHAPTER 465. RULES OF PRACTICE
22 TAC §465.2
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Psychologists proposes amendments to §465.2, relating to Supervision.
BACKGROUND AND PURPOSE
The proposed amendments would require supervisors to develop a custody plan for all supervision records in the event of death or disability. The amendments would also require supervisors to develop a written remediation plan to address any deficiencies identified in a supervisee’s practice skills. The amendments would require supervisees to provide any remediation plan to current and future supervisors, as well as to notify supervisors of any complaint against the supervisee. Finally, the amendments would remove the requirements that supervisors keep documentation of a supervisee’s professional liability insurance coverage.
Amending 22 TAC §465.34, to allow a licensee to form a collaborative relationship with other mental health service providers seen by the licensee’ client.
CHAPTER 465. RULES OF PRACTICE
22 TAC §465.34
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Psychologists proposes amendments to §465.34, relating to Providing Mental Health Services to Those Served by Others.
BACKGROUND AND PURPOSE
The proposed amendment requires a licensee, with the consent of a client, to attempt to form a collaborative relationship with any other mental health service provider seen by that client, rather than establishing a strict requirement that a licensee consult with the other provider.
Texas State Board of Examiners of Professional Counselors
Proposed Rules Re:
Amending 22 TAC §681.91, to update language concerning LPC Associate practice to be more plain and direct.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §681.91
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Licensed Professional Counselors proposes amendments to §681.91, relating to LPC Associate License.
BACKGROUND AND PURPOSE
The proposed amendments clarify rule language regarding supervised LPC Associate practice into more plain, direct language. The amendments confirm that a person cannot provide counseling services without a proper license and that an Associate may own and operate a private practice only under supervision. The amendments require an Associate to notify the Council and their supervisors when changing supervisors. The amendments require Associates to notify the supervisors of any pending complaints against the Associate, and to share a copy of any remediation plan with all current and future supervisors.
Amending 22 TAC §681.93, to require an LPC supervisor to document the duration of supervision sessions and the locations at which an Associate will practice as part of their supervision file.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §681.93
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Licensed Professional Counselors proposes amendments to §681.93, relating to Supervisor Requirements.
BACKGROUND AND PURPOSE
The proposed amendment requires an LPC supervisor to document the duration of supervision sessions and the locations at which an Associate will practice as part of their supervision file. The amendments also clarify the actions a supervisor must take if their supervisor status is revoked.
Texas State Board of Examiners of Marriage and Family Therapists
Proposed Rules Re:
Amending 22 TAC §801.44, to require a licensee who provides services to a client who concurrently receives services from another provider to seek consent from the client to contact the other provider and try to establish a collaborative relationship with that provider.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §801.44
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapist proposes amendments to §801.44, relating to Relationships with Clients.
BACKGROUND AND PURPOSE
The proposed amendment would require a licensee who provides services to a client who concurrently receives services from another provider to seek consent from the client to contact the other provider and to strive to establish a collaborative relationship with that provider.
Amending 22 TAC §801.142, to set forth LMFT Associate notification requirements.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.142
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists proposes amendments to §801.142, relating to Supervised Clinical Experience Requirements and Conditions.
BACKGROUND AND PURPOSE
The proposed amendments would require an LMFT Associate who becomes the subject of a complaint to notify their supervisor of the complaint. The amendments also clarify an Associate must file a Supervisory Agreement Form with the Council for each supervisor. The amendments would also require an Associate that receives a remediation plan to share a copy of that plan with any other current or future supervisors.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.143
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists proposes amendments to §801.143, relating to Supervisor Requirements.
BACKGROUND AND PURPOSE
The proposed amendment would clarify that a supervisor may share a copy of a remediation plan with any other supervisor of an LMFT Associate. The amendment would also clarify the actions a licensee must take upon the loss of supervisor status, either through a disciplinary revocation or a lapse in active licensure.
Texas Behavioral Health Executive Council
Proposed Rules Re:
Amending 22 TAC §882.1, to standardize the expiation of incomplete license applications.
CHAPTER 882. APPLICATIONS AND LICENSING
SUBCHAPTER A. LICENSE APPLICATIONS
22 TAC §882.1
OVERVIEW
The Texas Behavioral Health Executive Council proposes amendments to §882.1, relating to Application Process.
BACKGROUND AND PURPOSE
The proposed amendment will standardize the expiration of incomplete license applications at 180 days from the date of receipt.
Amending 22 TAC §882.2, to specify that time periods for licensed experience shall begin when the relevant license is issued.
CHAPTER 882. APPLICATIONS AND LICENSING
SUBCHAPTER A. LICENSE APPLICATIONS
22 TAC §882.2
OVERVIEW
The Texas Behavioral Health Executive Council proposes amendments to §882.2, relating to General Application File Requirements.
BACKGROUND AND PURPOSE
The proposed amendment will specify that calculation of time periods for licensed experience shall begin when the relevant license is issued. The amendments will also clarify that proration of experience requirements during less than full-time experience is allowed.
Amending 22 TAC §882.21, to allow licensees with a delinquent license to transfer that license into inactive status.
CHAPTER 882. APPLICATIONS AND LICENSING
SUBCHAPTER B. LICENSE
22 TAC §882.21
OVERVIEW
The Texas Behavioral Health Executive Council proposes amendments to §882.21, relating to License Statuses.
BACKGROUND AND PURPOSE
The proposed amendment will allow licensees with a delinquent license to transfer that license into inactive status.
Texas Health and Human Services Commission
Withdrawn Rules Re:
Withdrawing 26 TAC §745.8802, to outline a person’s ability to request an investigation report from certain databases in relation to a request for an administrative review.
CHAPTER 745. LICENSING
SUBCHAPTER M. ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS
DIVISION 1. ADMINISTRATIVE REVIEWS
26 TAC §745.8802
OVERVIEW
The Health and Human Services Commission withdraws proposed amendments to §745.8802 which appeared in the February 14, 2025, issue of the Texas Register (50 TexReg 816).
Adopted Rules Re:
Adopting 26 TAC §§745.8801, 745.8803, 745.8805, 745.8807, 745.8809, 745.8811, 745.8813, 745.8815, to update administrative reviews and due process hearings.
CHAPTER 745. LICENSING
SUBCHAPTER M. ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS
DIVISION 1. ADMINISTRATIVE REVIEWS
26 TAC §§745.8801, 745.8803, 745.8805, 745.8807, 745.8809, 745.8811, 745.8813, 745.8815
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §745.8801, concerning Introduction; §745.8803, concerning Administrative Review Requestors; §745.8805, concerning How to Request an Administrative Review; §745.8807, concerning Waiving the Right to an Administrative Review; §745.8809, concerning Administrative Review Conductors; §745.8811, concerning Conducting an Administrative Review; §745.8813, concerning Administrative Review Decisions and Actions; §745.8815, concerning Timeframe for Administrative Review Decisions; §745.8835, concerning Who may request a due process hearing; and new §745.8802, concerning Requesting Records for an Administrative Review.
Sections 745.8801, 745.8805, and 745.8813 are adopted with changes to the proposed text as published in the February 14, 2025, issue of the Texas Register (50 TexReg 816). These rules will be republished.
Sections 745.8803, 745.8807, 745.8809, 745.8811, 745.8815, and 745.8835 are adopted without changes to the proposed text as published in the February 14, 2025, issue of the Texas Register (50 TexReg 816). Section 745.8802 is withdrawn. These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments and new section are necessary to update Texas Administrative Code (TAC), Title 26, Part 1, Chapter 745, Licensing, as it relates to administrative reviews and due process hearings. The rule adoption establishes guidelines regarding records that an operation or individual requests in relation to an administrative review, including the records that are relevant to different administrative review subjects and the effect of a records request on when a review may occur. The rule adoption addresses the ability to request an administrative review related to a waiver or variance decision that matches the language in 26 TAC Chapter 745, Subchapter J, Waivers and Variances for Minimum Standards. The rule adoption also clarifies a person’s inability to request an administrative review or due process hearing related to certain subjects and amends certain rule titles from the question format.
Adopting 26 TAC §745.8835, to clarify when a person and operation cannot request a due process hearing.
CHAPTER 745. LICENSING
SUBCHAPTER M. ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS
DIVISION 2. DUE PROCESS HEARINGS
26 TAC §745.8835
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §745.8801, concerning Introduction; §745.8803, concerning Administrative Review Requestors; §745.8805, concerning How to Request an Administrative Review; §745.8807, concerning Waiving the Right to an Administrative Review; §745.8809, concerning Administrative Review Conductors; §745.8811, concerning Conducting an Administrative Review; §745.8813, concerning Administrative Review Decisions and Actions; §745.8815, concerning Timeframe for Administrative Review Decisions; §745.8835, concerning Who may request a due process hearing; and new §745.8802, concerning Requesting Records for an Administrative Review.
Sections 745.8801, 745.8805, and 745.8813 are adopted with changes to the proposed text as published in the February 14, 2025, issue of the Texas Register (50 TexReg 816). These rules will be republished.
Sections 745.8803, 745.8807, 745.8809, 745.8811, 745.8815, and 745.8835 are adopted without changes to the proposed text as published in the February 14, 2025, issue of the Texas Register (50 TexReg 816). Section 745.8802 is withdrawn. These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments and new section are necessary to update Texas Administrative Code (TAC), Title 26, Part 1, Chapter 745, Licensing, as it relates to administrative reviews and due process hearings. The rule adoption establishes guidelines regarding records that an operation or individual requests in relation to an administrative review, including the records that are relevant to different administrative review subjects and the effect of a records request on when a review may occur. The rule adoption addresses the ability to request an administrative review related to a waiver or variance decision that matches the language in 26 TAC Chapter 745, Subchapter J, Waivers and Variances for Minimum Standards. The rule adoption also clarifies a person’s inability to request an administrative review or due process hearing related to certain subjects and amends certain rule titles from the question format.
Proposed Rule Reviews Re:
Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal of the chapter concerning the client care of individuals receiving services at state supported living centers.
The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code (TAC):
Chapter 967, Client Care of Individuals Receiving Services at State Supported Living Centers
Adopted Rule Reviews Re:
Adopting Title 26, Part 1, concerning contracting to provide emergency response services.
The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code (TAC):
Chapter 279, Contracting to Provide Emergency Response Services
Texas Department of State Health Services
Proposed Rule Reviews Re:
Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal of the chapter concerning the occupational diseases.
The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1, of the Texas Administrative Code:
Chapter 99, Occupational Diseases
Adopted Rule Reviews Re:
Adopting Title 25, Part 1, concerning cancer.
The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts the review of the chapter below in Title 25, Part 1, of the Texas Administrative Code (TAC):
Chapter 91, Cancer
In Addition Re:
Correction of Error
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposed amendments to 25 TAC §13.81(a) in the July 25, 2025, issue of the Texas Register (50 TexReg 4204). Due to an error by the Texas Register, the original publication of the amendment was formatted incorrectly or was omitted from the original publication.