Texas Register July 17, 2020 Volume: 45 Number: 29

Texas Register Table of Contents

Governor

 

Appointments

Governor appoints Dr. Stanley M. Duchman to the Council on Cardiovascular Disease and Stroke

Appointments for July 6, 2020Appointed to the Council on Cardiovascular Disease and Stroke, for a term to expire February 1, 2021, Stanley M. Duchman, M.D. of Houston, Texas (replacing Melbert C. “Bob” Hillert, Jr., MD. of Dallas, who is deceased).


Governor

Appointments

Governor newly appoints Victoria Whitehead and reappoints Sue Allen and Dr. Michael White to the State Board of Veterinary Medical Examiners

Appointments for July 8, 2020:Appointed to the State Board of Veterinary Medical Examiners, for terms to expire August 26, 2025, the following individuals: Sue T. Allen of Waco, Texas (Ms. Allen is being reappointed)Michael A. White, D.V.M. of Conroe, Texas (Dr. White is being reappointed)Victoria R. Whitehead of Lubbock, Texas (replacing George Antuna, Jr. of Schertz, whose term expired)


Governor

Notices

Executive Order GA-29: Requiring individuals to wear face coverings in public

OVERVIEWGovernor orders the following on a statewide basis effective at 12:01 p.m. on July 3, 2020:Every person in Texas shall wear a face covering over the nose and mouth when inside a commercial entity or other building or space open to the public, or when in an outdoor public space, wherever it is not feasible to maintain six feet of social distancing from another person not in the same household; provided, however, that this face-covering requirement does not apply to the following:1. any person younger than 10 years of age;2. any person with a medical condition or disability that prevents wearing a face covering;3. any person while the person is consuming food or drink, or is seated at a restaurant to eat or drink;4. any person while the person is (a) exercising outdoors or engaging in physical activity outdoors, and (b) maintaining a safe distance from other people not in the same household;5. any person while the person is driving alone or with passengers who are part of the same household as the driver;6. any person obtaining a service that requires temporary removal of the face covering for security surveillance, screening, or a need for specific access to the face, such as while visiting a bank or while obtaining a personal-care service involving the face, but only to the extent necessary for the temporary removal;7. any person while the person is in a swimming pool, lake, or similar body of water;8. any person who is voting, assisting a voter, serving as a poll watcher, or actively administering an election, but wearing a face covering is strongly encouraged;9. any person who is actively providing or obtaining access to religious worship, but wearing a face covering is strongly encouraged;10. any person while the person is giving a speech for a broadcast or to an audience; or11. any person in a county (a) that meets the requisite criteria promulgated by the Texas Division of Emergency Management (TDEM) regarding minimal cases of COVID-19, and (b) whose county judge has affirmatively opted-out of this face-covering requirement by filing with TDEM the required face-covering attestation form–provided, however, that wearing a face covering is highly recommended, and every county is strongly encouraged to follow these face-covering standards.*Not excepted from this face-covering requirement is any person attending a protest or demonstration involving more than 10 people and who is not practicing safe social distancing of six feet from other people not in the same household.ENFORCEMENTTDEM shall maintain on its website a list of counties that are not subject to this face-covering requirement pursuant to paragraph number 11. The list can be found at: www.tdem.texas.gov/ga29.Following a verbal or written warning for a first-time violator of this face-covering requirement, a person’s second violation shall be punishable by a fine not to exceed $250. Each subsequent violation shall be punishable by a fine not to exceed $250 per violation.Local law enforcement and other local officials, as appropriate, can and should enforce this executive order, Executive Order GA-28, and other effective executive orders, as well as local restrictions that are consistent with this executive order and other effective executive orders. But no law enforcement or other official may detain, arrest, or confine in jail any person for a violation of this executive order or for related non-violent, non-felony offenses that are predicated on a violation of this executive order; provided, however, that any official with authority to enforce this executive order may act to enforce trespassing laws and remove violators at the request of a business establishment or other property owner.This executive order hereby prohibits confinement in jail as a penalty for the violation of any face-covering order by any jurisdiction.SCOPEExecutive Order GA-28 is hereby amended to delete from paragraph number 15 the phrase: “, but no jurisdiction can impose a civil or criminal penalty for failure to wear a face covering.”The governor may by proclamation amend this executive order or add to the list of people to whom this face-covering requirement does not apply.This executive order does not supersede Executive Orders GA-10, GA-13, GA-17, GA-19, GA-24, GA-25, GA-27, or GA-28 as amended. This executive order shall remain in effect and in full force until modified, amended, rescinded, or superseded by the governor.BACKGROUND AND JUSTIFICATIONThe Governor’s rationale for issuing Executive Order GA-29 is listed in this week’s edition of the Texas Register (45 TexReg 4849). 


Texas Board of Nursing

Emergency Rule

Amending 22 TAC §217.24 to allow certain Advanced Practice Registered Nurses to treat chronic pain with scheduled drugs using telemedicine medical services

CHAPTER 217. LICENSURE, PEER ASSISTANCE AND PRACTICE22 TAC §217.24OVERVIEWThe Texas Board of Nursing (Board) adopts emergency amendments to §217.24, relating to Telemedicine Medical Service Prescriptions, pursuant to a finding of imminent peril to the public health, safety, and welfare, which requires adoption in fewer than thirty (30) days’ notice, as authorized by Tex. Gov’t. Code §2001.034.Under the emergency amendments, an Advanced Practice Registered Nurse (APRN) may treat chronic pain with scheduled drugs through use of telemedicine medical services if a patient is an established chronic pain patient of the APRN, is seeking a telephone refill of an existing prescription, and the APRN determines that the telemedicine treatment is needed due to the COVID-19 pandemic. Additional limitations and requirements imposed by the emergency amendment are listed in this week’s edition of the Texas Register (45 TexReg 4853). BACKGROUND AND JUSTIFICATION On March 13, 2020, the Governor of the State of Texas certified COVID-19 as posing an imminent threat of disaster to the public health and safety and declared a state of disaster in all counties of Texas. On March 23, 2020, the Office of the Governor granted a waiver of 22 Texas Administrative Code §217.24(e)(1), which prohibits an advanced practice registered nurse (APRN) from treating chronic pain with scheduled drugs through the use of telemedicine medical services, unless otherwise permitted under federal and state law. The waiver, however, expired on June 6, 2020.The Board held an emergency meeting on June 8, 2020, to consider the adoption of an emergency rule to permit APRNs to treat chronic pain with scheduled drugs through the use of telemedicine medical services under certain conditions during the COVID-19 pandemic. At the conclusion of the meeting, the Board voted to adopt emergency amendments to §217.24(e)(1), which took effect June 8, 2020. The adopted emergency amendments were published in the Texas Register on June 19, 2020 (45 TexReg 4130). The emergency amendments will expire on July 7, 2020. However, the continuation of the effects of the COVID-19 pandemic necessitate the continuation of the emergency rule beyond the July 7, 2020 expiration date.The re-adoption of emergency amendments to §217.24(e)(1) is immediately necessary to allow APRNs to continue to provide necessary treatment to established patients with chronic pain while mitigating the risk of exposure to COVID-19.


Texas State Board of Examiners of Professional Counselors

Proposed Rules

Amending 22 TAC §§681.2, 681.4, 681.5, 681.9 and 681.11 to reflect shared responsibility of certain general duties with the Texas Behavioral Health Executive Council

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER A. GENERAL PROVISIONS [THE BOARD]22 TAC §§681.2, 681.4, 681.5, 681.9, 681.11OVERVIEWThe Texas Behavioral Health Executive Council proposes amended §§681.2, 681.4, 681.5, 681.9, and 681.11, relating to General Provisions.The proposed rules are the definitions for the rules in Chapter 681 and pertain to the general operations for the Texas State Board of Examiners of Professional Counselors; the rules also incorporate changes necessary to implement H.B. 1501 (2019), which created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers.BACKGROUND AND JUSTIFICATIONSections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The Texas State Board of Examiners of Professional Counselors, in accordance with §503.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Tex. Occ. Code and may propose these rules.


Texas State Board of Examiners of Professional Counselors

Proposed Rules

Repealing 22 TAC §§681.10, 681.12 – 681.17 to transfer certain general responsibilities from the Board to the Texas Behavioral Health Executive Counci

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER A. GENERAL PROVISIONS [THE BOARD]22 TAC §§681.10, 681.12 – 681.17OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of the following sections, relating to general provisions of the Board:§681.10.Executive Director.§681.12Official Records of the Board.§681.13Impartiality and Non-discrimination.§681.14Fees.§681.15Processing Procedures.§681.16Petition for the Adoption of a Rule.§681.17Request for Criminal History Evaluation Letter.The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.


Texas State Board of Examiners of Professional Counselors

Proposed Rules

Repealing 22 TAC §681.31 to transfer authority for authorizing counseling methods and practices from the Board to the Texas Behavioral Health Executive Council

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER B. AUTHORIZED COUNSELING METHODS AND PRACTICES22 TAC §681.31OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of §681.31, relating to Counseling Methods and Practices. The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.


Texas State Board of Examiners of Professional Counselors

Proposed Rules

New 22 TAC §§681.31, 681.41 – 681.47, 681.49 – 681.53, updating requirements for professional counselors’ scope of practice, standards of care, and ethical practice

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER B. AUTHORIZED COUNSELING METHODS AND PRACTICES22 TAC §§681.31, 681.41 – 681.47, 681.49 – 681.53OVERVIEWThe Texas Behavioral Health Executive Council proposes the following new rules, relating to Rules of Practice: §681.31.Counseling Methods and Practices§681.41.General Ethical Requirements§681.42.Sexual Misconduct§681.43.Testing§681.44.Drug and Alcohol Use§681.45.Confidentiality and Required Reporting§681.46.Licensees and the Council§681.47.Assumed Names§681.49.Advertising and Announcements§681.50.Research and Publications§681.51.Parenting Coordination§681.52.Parenting Facilitation§681.53.Child Custody Evaluation, Adoption Evaluation, and Evaluations in Contested AdoptionsThe proposed rules pertain to the scope of practice, standards of care, and ethical practice for professional counselors; and incorporate changes necessary to implement H.B. 1501 (2019), which created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers.BACKGROUND AND JUSTIFICATIONSections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The Texas State Board of Examiners of Professional Counselors, in accordance with §503.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Tex. Occ. Code and may propose these rules.


Texas State Board of Examiners of Professional Counselors

Proposed Rules

Repealing 22 TAC §§681.41 – 681.51 to transfer authority for the code of ethics from the Board to the Texas Behavioral Health Executive Council

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER C. CODE OF ETHICS22 TAC §§681.41 – 681.51OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of 22 TAC, Chapter 681, Subchapter C (§§681.41 – 681.51), relating to Code of Ethics, in its entirety. The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.


Texas State Board of Examiners of Professional Counselors

Proposed Rules

New 22 TAC, Ch. 681, Subchapter C, updating application and licensing requirements for professional counselors

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER C. APPLICATION AND LICENSING22 TAC §§681.71 – 681.73, 681.81 – 681.83, 681.91, 681.93, 681.101, 681.114, 681.141 – 681.143, 681.145, 681.147, 681.164OVERVIEWThe Texas Behavioral Health Executive Council proposes new Subchapter C (§§681.71 – 681.73, 681.81 – 681.83, 681.91, 681.93, 681.101, 681.114, 681.141 – 681.143, 681.145, 681.147, and 681.164), relating to Application and Licensing.The proposed rules pertain to the qualifications necessary to obtain a license and continuing education requirements for professional counselors; and incorporate changes necessary to implement H.B. 1501 (2019), which created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers.BACKGROUND AND JUSTIFICATIONSections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The Texas State Board of Examiners of Professional Counselors, in accordance with §503.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Tex. Occ. Code and may propose these rules.


Texas State Board of Examiners of Professional Counselors

Proposed Rules

Repealing 22 TAC, §§681.71 – 681.73 to transfer responsibility for licensing application procedures from the Board to the Texas Behavioral Health Executive Council

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER D. APPLICATION PROCEDURES22 TAC §§681.71 – 681.73OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of 22 TAC, Chapter 681, Subchapter D (§§681.71 – 681.73), relating to Application Procedures, in its entirety. The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Professional Counselors

Proposed Rules

New 22 TAC, Ch. 681, Subchapter D, updating the schedule of sanctions for professional counselors

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER D. SCHEDULE OF SANCTIONS22 TAC §§681.201, 681.203 – 681.205OVERVIEWThe Texas Behavioral Health Executive Council proposes new Subchapter D (§§681.201, 681.203 – 681.205), relating to Schedule of Sanctions.The proposed rules pertain to a schedule of sanctions for professional counselors; and incorporate changes necessary to implement H.B. 1501 (2019), which created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers.BACKGROUND AND JUSTIFICATIONSections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The Texas State Board of Examiners of Professional Counselors, in accordance with §503.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Tex. Occ. Code and may propose these rules.


Texas State Board of Examiners of Professional Counselors

Proposed Rules

Repealing 22 TAC §§681.81 – 681.83 to transfer oversight of academic licensure requirements from the Board to the Texas Behavioral Health Executive Council

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER E. ACADEMIC REQUIREMENTS FOR LICENSURE22 TAC §§681.81 – 681.83OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of 22 TAC, Chapter 681, Subchapter E (§§681.81 – 681.83), relating to Academic Requirements for Licensure, in its entirety. The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.


Texas State Board of Examiners of Professional Counselors

Proposed Rules

Repealing 22 TAC §681.91 and §681.93 to transfer oversight of certain experience requirements for licensure from the Board to the Texas Behavioral Health Executive Council

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER F. EXPERIENCE REQUIREMENTS FOR LICENSURE22 TAC §681.91, §681.93OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of the following provisions relating to Experience Requirements for Licensure:§681.91.LPC Intern License§681.93.Supervisor RequirementsThe proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.


Texas State Board of Examiners of Professional Counselors

Proposed Rules

Repealing 22 TAC §§681.101 – 681.103 to transfer oversight of licensure examinations from the Board to the Texas Behavioral Health Executive Council

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER G. LICENSURE EXAMINATIONS22 TAC §§681.101 – 681.103OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of 22 TAC, Chapter 681, Subchapter G (§§681.101 – 681.103), relating to Licensure Examinations, in its entirety. The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.


Texas State Board of Examiners of Professional Counselors

Proposed Rules

Repealing 22 TAC §§681.111 – 681.114 to transfer licensing authority from the Board to the Texas Behavioral Health Executive Council

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER H. LICENSING22 TAC §§681.111 – 681.114OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of 22 TAC, Chapter 681, Subchapter H (§§681.111 – 681.114), relating to Licensing, in its entirety. The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.


Texas State Board of Examiners of Professional Counselors

Proposed Rules

Repealing 22 TAC §§681.121 and 681.123 – 681.126 to transfer oversight of license renewals from the Board to the Texas Behavioral Health Executive Council

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER I. REGULAR LICENSE RENEWAL; INACTIVE AND RETIREMENT STATUS22 TAC §§681.121, 681.123 – 681.126OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of 22 TAC, Chapter 681, Subchapter I (§§681.121, 681.123 – 681.126), relating to Regular License Renewal and Inactive and Retirement Status, in its entirety. The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.


Texas State Board of Examiners of Professional Counselors

Proposed Rules

Repealing 22 TAC §§681.141 – 681.143, 681.145 – 681.147 to transfer oversight of continuing education requirements from the Board to the Texas Behavioral Health Executive Council

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER J. CONTINUING EDUCATION REQUIREMENTS22 TAC §§681.141 – 681.143, 681.145 – 681.147OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of 22 TAC, Chapter 681, Subchapter J (§§681.141 – 681.143, 681.145 – 681.147), relating to  Continuing Education Requirements, in its entirety. The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.


Texas State Board of Examiners of Professional Counselors

Proposed Rules

Repealing 22 TAC §§681.161, 681.162, 681.164 – 681.172 to transfer oversight of complaints and violations from the Board to the Texas Behavioral Health Executive Council

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER K. COMPLAINTS AND VIOLATIONS22 TAC §§681.161, 681.162, 681.164 – 681.172OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of 22 TAC, Chapter 681, Subchapter K (§§681.161, 681.162, 681.164 – 681.172), relating to Complaints and Violations, in its entirety. The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.


Texas State Board of Examiners of Professional Counselors

Proposed Rules

Repealing 22 TAC §§681.181, 681.182, 681.184 to transfer oversight of formal hearings from the Board to the Texas Behavioral Health Executive Council

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER L. FORMAL HEARINGS22 TAC §§681.181, 681.182, 681.184OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of 22 TAC, Chapter 681, Subchapter L (§§681.181, 681.182, 681.184), relating to Formal Hearings, in its entirety. The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.


Texas State Board of Examiners of Professional Counselors

Proposed Rules

Repealing 22 TAC §§681.201 – 681.204 to transfer oversight of the schedule of sanctions from the Board to the Texas Behavioral Health Executive Council

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER M. SCHEDULE OF SANCTIONS22 TAC §§681.201 – 681.204OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of 22 TAC, Subchapter M (§§681.201 – 681.204), relating to Schedule of Sanctions, in its entirety. The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.


Texas State Board of Examiners of Professional Counselors

Proposed Rules

Repealing 22 TAC §§681.251 – 681.253 to transfer authority for certain parental and custody issues from the Board to the Texas Behavioral Health Executive Council

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER N. PARENTING COORDINATION AND FACILITATION AND CHILD CUSTODY AND ADOPTION EVALUATIONS22 TAC §§681.251 – 681.253OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of 22 TAC, Chapter 681, Subchapter N (§§681.251 – 681.253), relating to Parenting Coordination and Facilitation and Child Custody and Adoption Evaluation, in its entirety. The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.


Texas State Board of Social Worker Examiners

Proposed Rules

Amending 22 TAC §§781.101, 781.102 and introducing new §§781.202, 781.203, 781.205 – 781.209 to reflect shared responsibility of certain general duties with the Texas Behavioral Health Executive Council

CHAPTER 781. SOCIAL WORKER LICENSURESUBCHAPTER A. GENERAL PROVISIONS22 TAC §§781.101, 781.102, 781.202, 781.203, 781.205 – 781.209OVERVIEWThe Texas Behavioral Health Executive Council proposes amended §781.101 and §781.102 and new §§781.202, 781.203, and 781.205 – 781.209, relating to General Provisions.The proposed rules are the definitions for the rules in Chapter 781 and pertain to the general operations for the Texas State Board of Social Worker Examiners; the rules also incorporate changes necessary to implement H.B. 1501 (2019), which created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers.BACKGROUND AND JUSTIFICATIONSections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The Texas State Board of Social Worker Examiners, in accordance with §505.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 505 and 507 of the Tex. Occ. Code and may propose these rules.


Texas State Board of Social Worker Examiners

Proposed Rules

Repealing 22 TAC §§781.201 – 781.223 to transfer oversight of professional standards from the Board to the Texas Behavioral Health Executive Council

CHAPTER 781. SOCIAL WORKER LICENSURESUBCHAPTER B. CODE OF CONDUCT AND PROFESSIONAL STANDARDS OF PRACTICE22 TAC §§781.201 – 781.223OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of 22 TAC, Chapter 781, Subchapter B (§§781.201 – 781.223), relating to code of conduct and professional standards of practice, in its entirety. The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.


Texas State Board of Social Worker Examiners

Proposed Rules

New 22 TAC §§781.301 – 781.313, 781.316 – 781.323, updating requirements for social worker examiners’ scope of practice, standards of care, and ethical practice

CHAPTER 781. SOCIAL WORKER LICENSURESUBCHAPTER B. RULES OF PRACTICE22 TAC §§781.301 – 781.313, 781.316 – 781.323OVERVIEWThe Texas Behavioral Health Executive Council proposes new §§781.301- 781.313, 781.316- 781.323, relating to Rules of Practice.The proposed rules pertain to the scope of practice, standards of care, and ethical practice for social workers; and incorporate changes necessary to implement H.B. 1501 (2019), which created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers.BACKGROUND AND JUSTIFICATIONSections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The Texas State Board of Social Worker Examiners, in accordance with §505.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 505 and 507 of the Tex. Occ. Code and may propose these rules.


Texas State Board of Social Worker Examiners

Proposed Rules

Repealing 22 TAC §§781.201 – 781.223 to transfer authority for certain Board duties to the Texas Behavioral Health Executive Council

CHAPTER 781. SOCIAL WORKER LICENSURESUBCHAPTER C. THE BOARD22 TAC §§781.301 – 781.317OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of 22 TAC, Chapter 781, Subchapter C (§§781.301 – 781.317), relating to the Board, in its entirety. The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.


Texas State Board of Social Worker Examiners

Proposed Rules

Sixteen new sections in 22 TAC, Ch. 781, Subchapter C, updating application and licensing requirements for social worker examiners

CHAPTER 781. SOCIAL WORKER LICENSURESUBCHAPTER C. APPLICATION AND LICENSING22 TAC §§781.401 – 781.406, 781.411, 781.412, 781.414, 781.418 – 781.420, 781.508 -781.510, 781.514OVERVIEWThe Texas Behavioral Health Executive Council proposes new §§781.401 – 781.406, 781.411, 781.412, 781.414, 781.418 – 781.420, 781.508 -781.510, 781.514, relating to Application and Licensing.The proposed rules pertain to the qualifications necessary to obtain a license and continuing education requirements for social workers; and incorporate changes necessary to implement H.B. 1501 (2019), which created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers.BACKGROUND AND JUSTIFICATIONSections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The Texas State Board of Social Worker Examiners, in accordance with §505.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 505 and 507 of the Tex. Occ. Code and may propose these rules.


Texas State Board of Social Worker Examiners

Proposed Rules

Repealing 22 TAC §§781.401 – 781.419 to transfer licensing authority from the Board to the Texas Behavioral Health Executive Council

CHAPTER 781. SOCIAL WORKER LICENSURESUBCHAPTER D. LICENSES AND LICENSING PROCESS22 TAC §§781.401 – 781.419OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of 22 TAC, Chapter 781, Subchapter D (§§781.401 – 781.419), relating to licenses and licensing process, in its entirety. The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.


Texas State Board of Social Worker Examiners

Proposed Rules

New 22 TAC §§781.801, 781.803 – 781.805, updating the schedule of sanctions for social worker examiners

CHAPTER 781. SOCIAL WORKER LICENSURESUBCHAPTER D. SCHEDULE OF SANCTIONS22 TAC §§781.801, 781.803 – 781.805OVERVIEWThe Texas Behavioral Health Executive Council proposes new §§781.801, 781.803 – 781.805, relating to Schedule of Sanctions.The proposed rules pertain to a schedule of sanctions for social workers; and incorporate changes necessary to implement H.B. 1501 (2019), which created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers.BACKGROUND AND JUSTIFICATIONSections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The Texas State Board of Social Worker Examiners, in accordance with §505.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 505 and 507 of the Tex. Occ. Code and may propose these rules.


Texas State Board of Social Worker Examiners

Proposed Rules

Repealing 22 TAC §§781.501 – 781.517 to transfer oversight of license renewal and continuing education from the Board to the Texas Behavioral Health Executive Council

CHAPTER 781. SOCIAL WORKER LICENSURESUBCHAPTER E. LICENSE RENEWAL AND CONTINUING EDUCATION22 TAC §§781.501 – 781.517OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of 22 TAC, Chapter 781, Subchapter E (§§781.501 – 781.517), relating to licensing renewal and continuing education, in its entirety. The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.


Texas State Board of Social Worker Examiners

Proposed Rules

Repealing 22 TAC §§781.601 – 781.610 to transfer oversight of complaints and violations from the Board to the Texas Behavioral Health Executive Council

CHAPTER 781. SOCIAL WORKER LICENSURESUBCHAPTER F. COMPLAINTS AND VIOLATIONS22 TAC §§781.601 – 781.610OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of 22 TAC, Chapter 781, Subchapter F (§§781.601 – 781.610), relating to complaints and violations, in its entirety. The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.


Texas State Board of Social Worker Examiners

Proposed Rules

Repealing 22 TAC §§781.701 – 781.704 to transfer authority over formal hearings from the Board to the Texas Behavioral Health Executive Council

CHAPTER 781. SOCIAL WORKER LICENSURESUBCHAPTER G. FORMAL HEARINGS22 TAC §§781.701 – 781.704OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of 22 TAC, Chapter 781, Subchapter G (§§781.701 – 781.704), relating to formal hearings, in its entirety. The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.


Texas State Board of Social Worker Examiners

Proposed Rules

Repealing 22 TAC §§781.801 – 781.808 to transfer sanctioning authority from the Board to the Texas Behavioral Health Executive Council

CHAPTER 781. SOCIAL WORKER LICENSURESUBCHAPTER H. SANCTION GUIDELINES22 TAC §§781.801 – 781.808OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of 22 TAC, Chapter 781, Subchapter H (§§781.801 – 781.808), relating to Sanctioning Guidelines, in its entirety. The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.


Texas Health and Human Services Commission

Adopted Rules

Amending 1 TAC §§377.201, 377.203, 377.205, 377.207, 377.209, 377.211 to update operational requirements for local Children’s Advocacy Centers

Adopted Rules

Amending 22 TAC §275.2 to require designated licensees to complete training on controlled substances and human trafficking

CHAPTER 275. CONTINUING EDUCATION22 TAC §275.2The Texas Optometry Board adopts amendments to §275.2 of Chapter 275, Title 22, with non-substantive changes to the proposed text published in the March 6, 2020, issue of the Texas Register (45 TexReg 1597). The rule will be republished.The amendments implement House Bill 2174, House Bill 3285, and House Bill 2059, Regular Session, 86th Legislature, requiring designated licensees to complete continuing education in prescribing controlled substances and opioids. The legislation also requires designated licensees to take a continuing education course regarding human trafficking.