Texas Register Table of Contents
- 1 Texas Animal Health Commission
- 2 Texas Board of Occupational Therapy Examiners
- 3 Texas State Board of Examiners of Psychologists
- 3.0.1 Adopted Rules Re:
- 3.0.1.1 Adopting 22 TAC §463.9, to allow an unlicensed individual to complete an internship or other program if begun while enrolled in a psychology program in accordance with the current statute.
- 3.0.1.2 Adopting 22 TAC §463.10, to waive experience requirements for applicants with a license in another jurisdiction in accordance with the current statute.
- 3.0.1.3 Adopting 22 TAC §463.31, to reduce the required passing score on the psychology jurisprudence exam.
- 3.0.1 Adopted Rules Re:
- 4 Texas State Board of Examiners of Professional Counselors
- 4.0.1 Adopted Rules Re:
- 4.0.1.1 Adopting 22 TAC §681.37, to remove language to better align the rule with the agency’s statute.
- 4.0.1.2 Adopting 22 TAC §681.41, to remove potentially unenforceable language related to the substantive requirement that a licensee not make or benefit from certain claims.
- 4.0.1.3 Adopting 22 TAC §681.44, to remove unnecessary and duplicative language.
- 4.0.1.4 Adopting 22 TAC §681.47, to remove language that potentially conflicts with the Texas Business and Commerce Code.
- 4.0.1.5 Adopting 22 TAC §681.49, to potentially unenforceable language concerning the requirement that a licensee not make or benefit from certain types of advertising.
- 4.0.1.6 Adopting 22 TAC §681.81, to remove language that is superseded by Council Rule § 882.11.
- 4.0.1.7 Adopting 22 TAC §681.92, to remove unnecessary and duplicative language.
- 4.0.1.8 Adopting 22 TAC §681.101, to remove unnecessary language.
- 4.0.1.9 Adopting 22 TAC §681.204, to remove language to better align the schedule with the statute.
- 4.0.1.10 Adopting 22 TAC §681.205, to update the schedule of sanctions to reflect amendments proposed in other rules.
- 4.0.1 Adopted Rules Re:
- 5 Texas State Board of Social Worker Examiners
- 5.0.1 Adopted Rules Re:
- 5.0.1.1 Adopting 22 TAC §781.306, to remove potentially unenforceable language related to a requirement that a licensee not make or benefit from certain claims.
- 5.0.1.2 Adopting 22 TAC §781.310, to remove language to better align with the current statute.
- 5.0.1.3 Adopting 22 TAC §781.313, to remove language that potentially conflicts with the Texas Business and Commerce Code.
- 5.0.1.4 Adopting 22 TAC §781.804, to remove language that does not align with the current statute.
- 5.0.1.5 Adopting 22 TAC §781.805, to update the schedule of sanctions to reflect amendments proposed in other rules.
- 5.0.1 Adopted Rules Re:
- 6 Texas State Board of Examiners of Marriage and Family Therapists
- 6.0.1 Adopted Rules Re:
- 6.0.1.1 Adopting 22 TAC §801.43, to remove potentially unenforceable language related to the requirement that a licensee not make or benefit from certain claims.
- 6.0.1.2 Adopting 22 TAC §801.44, to remove language to better align with the current statute.
- 6.0.1.3 Adopting 22 TAC §801.50, to remove language that potentially conflicts with the Texas Business and Commerce Code.
- 6.0.1.4 Adopting 22 TAC §801.53, to remove language that is potentially unenforceable concerning the requirement that a licensee not make or benefit from certain advertising practices.
- 6.0.1.5 Adopting 22 TAC §801.115, to allow marriage and family therapists applicants who are licensed to practice independently in other jurisdictions if certain licensure requirements are met.
- 6.0.1.6 Adopting 22 TAC §801.204, to remove language to better align with the current statute.
- 6.0.1.7 Adopting 22 TAC §801.303, to remove language to better align with the current statute.
- 6.0.1.8 Adopting 22 TAC §801.305, to update the schedule of sanctions to reflect amendments proposed in other rules.
- 6.0.1 Adopted Rules Re:
- 7 Texas Behavioral Health Executive Council
- 8 Texas Department of State Health Services
- 8.0.1 Transferred Rules Re:
- 8.0.1.1 Transferring certain rules in Texas Administrative Code, Title 25, Part 1, Chapter 417, Subchapter A to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 910, Subchapter D; Subchapter E; and Subchapter F.
- 8.0.1.2 Transferring DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 417, Subchapter K to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 926, Subchapter D.
- 8.0.1 Transferred Rules Re:
- 9 Texas Health and Human Services Commission
- 9.0.1 Transferred Rules Re:
- 9.0.1.1 Transferring certain rules in Texas Administrative Code, Title 25, Part 1, Chapter 417, Subchapter A, to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 910, Subchapter D; Subchapter E; and Subchapter F.
- 9.0.1.2 Transferring certain DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 417, Subchapter K to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 926, Subchapter D.
- 9.0.1 Transferred Rules Re:
Texas Animal Health Commission
Proposed Rules Re:
Amending 4 TAC §51.1, §51.4, to replace definitions and set forth the requirements for entry to shows, fairs, and exhibitions.
CHAPTER 51. ENTRY REQUIREMENTS
4 TAC §51.1, §51.4
OVERVIEW
The Texas Animal Health Commission (Commission) proposes amendments to Title 4, Texas Administrative Code, Chapter 51 titled “Entry Requirements.” Specifically, the Commission proposes amendments to §51.1 regarding Definitions and §51.4 regarding Shows, Fairs, and Exhibitions.
BACKGROUND AND JUSTIFICATION
A member of the public petitioned the Commission for a rule change to modify the requirements for Texas origin animals entering Texas exhibition events. The petitioner explained that the current regulations made it expensive for youth competitors to participate in small family-run or 4H/FFA volunteer shows because of the cost of obtaining a certificate of veterinary inspection (CVI) for each show when out-of-state animals are present.
The petitioner requested that the Commission consider removing the requirement that Texas origin animals obtain a CVI for each exhibition.
According to the petitioner, many exhibitors are unable to obtain CVIs for multiple shows due to the cost, only allowing wealthy exhibitors to attend multiple shows, causing a disadvantage to some youth exhibitors. Elimination of the requirement would help level the playing field for all youth competitors.
The petitioner also pointed out that the current rule requires show sponsors to bar out-of-state participants for Texas only shows if they want to eliminate the requirement for Texas participants to have CVIs, resulting in loss revenue from out-of-state participants. The petitioner noted that out-of-state participants provide additional income to local businesses, particularly restaurants, hotels, gas stations, and feed/tack supply stores.
Currently, Commission rules distinguish between interstate shows and intrastate shows and have different entry requirements for each. The Commission considers shows, fairs, and exhibitions to be interstate if they permit livestock and poultry from other states to enter for show or exhibition and be held or exhibited in common facilities with Texas origin livestock and poultry of the same species. For interstate shows all animals must meet the out-of-state entry requirements which includes obtaining a CVI. The Commission considers shows, fairs, or exhibitions to be intrastate if they only allow Texas animals to enter or if they require Texas livestock and poultry of the same species to be housed and exhibited separately from livestock and poultry from out of state. For intrastate exhibitions, CVIs are not generally required.
Any time animals congregate from multiple premises there is an increased risk of disease transmission. The purpose of the entry requirements for shows, fairs, and exhibitions is to reduce the risk of disease transmission and ensure the Commission can perform a disease investigation if needed.
In reviewing the petition, staff at the Commission looked at the overall risk of disease transmission from Texas origin animals and at alternative ways a disease investigation could be conducted. Staff concluded that disease risk was not appreciably higher for interstate shows as long as out-of-state origin animals meet the Texas entry requirements. Staff also concluded that a disease investigation could be accomplished by obtaining information about participants from the show sponsor. Because sponsors typically gather information regarding the animals during the registration process, such as owner information, species, breed, sex, and age, it should not cause unreasonable burden on show sponsors. Commission staff found this recordkeeping would eliminate the need for CVIs for Texas origin animals.
After consideration of the petition, the Commission proposes amendments to the rules that will add a recordkeeping requirement for sponsors of shows, eliminate the distinction between interstate and intrastate shows, maintain entry requirements for out-of-state participants, and eliminate the need for Texas participants to meet the same standards of out-of-state participation. These proposed changes will reduce the barriers for entry to shows, fairs, and exhibitions for Texas participants. Entry requirements for out-of-state participants cannot be reduced further without conflicting with existing federal requirements.
SECTION-BY-SECTION DISCUSSION
Section 51.1 removes the definition of “interstate show” and adds a definition for “official identification.”
Section 51.4 sets forth the requirements for entry requirements for shows, fairs, and exhibitions. The proposed amendments add a recordkeeping requirement for sponsors of shows, eliminate the distinction between interstate and intrastate shows, maintain entry requirements for out-of-state participants, and eliminate the need for Texas participants to meet the same standards of out-of-state participation.
Adopted Rules Re:
Adopting 4 TAC §41.8, to establish guidelines for the treatment methods of disease caused by fever ticks, including scheduled dipping, injectable doramectin, vacating premises, and approved acaricides.
CHAPTER 41. FEVER TICKS
4 TAC §41.8
OVERVIEW
The Texas Animal Health Commission (Commission) in a duly noticed meeting on February 25, 2025, adopted amendments to §41.8, concerning Dipping, Treatment, and Vaccination of Animals. Section 41.8 is adopted without changes to the proposed text published in the December 13, 2024, issue of the Texas Register (49 TexReg 10091) and will not be republished.
BACKGROUND AND JUSTIFICATION
Cattle Fever Ticks are a significant threat to the United States cattle industry. These ticks are capable of carrying the protozoa, or microscopic parasites, Babesia bovis or B. bigemina , commonly known as cattle fever. This disease caused enormous economic losses to the U.S. cattle industry in the late 1800s and early 1900s. Since that time, the Commission works to protect the state and nation from the pest and its repercussions.
Section 41.8 establishes guidelines for various treatment methods for fever ticks. These treatments include scheduled dipping, injectable doramectin, vacating premises, and approved acaricides. The proposed amendments to §41.8 update the doramectin administration schedule from 25-28 days to 21-28 days. The proposed amendments also change the extended withdrawal period from 35 days to a period determined by TAHC and USDA APHIS. These changes follow current recommendations from the Food Animal Residue Avoidance Databank (FARAD) and are made in collaboration with the USDA’s Cattle Fever Tick Eradication Program.
Texas Board of Occupational Therapy Examiners
Proposed Rules Re:
Amending 40 TAC §374.1, §374.2, to update definitions and clarify situations in which disciplinary action is appropriate.
CHAPTER 374. DISCIPLINARY ACTIONS/DETRIMENTAL PRACTICE/COMPLAINT PROCESS/CODE OF ETHICS/LICENSURE OF PERSONS WITH CRIMINAL CONVICTIONS
40 TAC §374.1, §374.2
OVERVIEW
The Texas Board of Occupational Therapy Examiners proposes amendments to the Schedule of Sanctions figure in 40 Texas Administrative Code §374.1, Disciplinary Actions, and §374.2, Detrimental Practice.
The amendments to §374.2 will update the definition of “practiced occupational therapy in a manner detrimental to the public health and welfare” and clarify conduct that constitutes grounds to take disciplinary action against license holders.
Amendments to the Schedule of Sanctions in §374.1 will align the provisions therein with the proposed changes to §374.2; update the minimum, intermediate, and maximum discipline columns to reflect current trends in disciplinary action; and update administrative penalties for each day a violation continues or occurs. The amendments to the Schedule of Sanction also include the addition of a violation related to failure to inform the Board of information changes pursuant to §369.2, Changes of Name or Contact Information. The amendments also include general cleanups, including the removal of the current §374.2(12) and corresponding item in the Schedule of Sanctions, which concerned deceptive and fraudulent advertising, as a related item is already listed under Texas Occupations Code §454.301, Grounds for Denial of License or Discipline of License Holder; in tandem with the change, that related item from §454.301 has been added to the Schedule of Sanctions.
The amendments are proposed to ensure that the rules clearly identify the conduct that may be considered detrimental practice and the corresponding discipline. The changes will also facilitate the ability of individuals and the Board to identify violations and related discipline in order to ensure the health, safety, and welfare of the public.
Texas State Board of Examiners of Psychologists
Adopted Rules Re:
Adopting 22 TAC §463.9, to allow an unlicensed individual to complete an internship or other program if begun while enrolled in a psychology program in accordance with the current statute.
CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER B. LICENSING REQUIREMENTS
22 TAC §463.9
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Psychologists adopts the amendments to §463.9, relating to Licensed Specialist in School Psychology. Section 463.9 is adopted without changes as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9696) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments adjust language identified during the quadrennial rule review to better align with statute regarding unlicensed practice of school psychology outside an educational program. The amendment will clarify an unlicensed individual may complete an internship or other program if begun while enrolled in a psychology program.
Adopting 22 TAC §463.10, to waive experience requirements for applicants with a license in another jurisdiction in accordance with the current statute.
CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER B. LICENSING REQUIREMENTS
22 TAC §463.10
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Psychologists adopts the amendments to §463.10, relating to Licensed Psychologists. Section 463.10 is amended without changes as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9698) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments remove language identified during the quadrennial rule review to align with statute regarding waiving experience requirements for applicants with a license in another jurisdiction.
Adopting 22 TAC §463.31, to reduce the required passing score on the psychology jurisprudence exam.
CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER E. EXAMINATIONS
22 TAC §463.31
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Psychologists adopts the amendment to §463.31, relating to Minimum Passing Scores for Examinations. Section 463.31 is amended without changes as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9700) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments reduce the required passing score on the psychology jurisprudence exam from 90% to 85%.
Texas State Board of Examiners of Professional Counselors
Adopted Rules Re:
Adopting 22 TAC §681.37, to remove language to better align the rule with the agency’s statute.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §681.37
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors adopts amendments to §681.37, relating to Billing and Financial Arrangements. Section 681.37 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9702) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments remove language identified during the quadrennial rule review to better align with the agency’s statute.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §681.41
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors adopts amendments to §681.41, relating to General Ethical Requirements. Section 681.41 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9703) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments remove language identified during the quadrennial rule review as potentially unenforceable, while not changing the substantive requirement that a licensee not make or benefit from false, misleading, deceptive, fraudulent, or exaggerated claims.
Adopting 22 TAC §681.44, to remove unnecessary and duplicative language.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §681.44
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors adopts the repeal of §681.44, relating to Drugs and Alcohol Use. Section 681.44 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9705) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted repeal removes language identified during the quadrennial rule review as unnecessary and duplicative, without changing the substantive impact of the rules.
Adopting 22 TAC §681.47, to remove language that potentially conflicts with the Texas Business and Commerce Code.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §681.47
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors adopts the repeal of §681.47, relating to Assumed Names. Section 681.47 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9706) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted repeal removes language identified during the quadrennial rule review as potentially in conflict with the Texas Business and Commerce Code, while not changing the substantive requirement in other rules that a licensee not make or benefit from false, misleading, deceptive, fraudulent, or exaggerated claims.
Adopting 22 TAC §681.49, to potentially unenforceable language concerning the requirement that a licensee not make or benefit from certain types of advertising.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §681.49
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors adopts amendments to §681.49, relating to Advertising and Announcements. Section 681.49 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9707) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments remove language identified during the quadrennial rule review as potentially unenforceable, while not changing the substantive requirement that a licensee not make or benefit from false, misleading, or deceptive advertising.
Adopting 22 TAC §681.81, to remove language that is superseded by Council Rule § 882.11.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §681.81
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors adopts amendments to §681.81, relating to General Academic Requirements. Section 681.81 is adopted with changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9709) and will be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments remove language identified during the quadrennial rule review that is superseded by Council rule §882.11.
Adopting 22 TAC §681.92, to remove unnecessary and duplicative language.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §681.92
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors adopts amendments to §681.92, relating to Experience Requirements. Section 681.92 is adopted with changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9710) and will be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments remove language identified during the quadrennial rule review as unnecessary and duplicative, without changing the substantive impact of the rule.
Adopting 22 TAC §681.101, to remove unnecessary language.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §681.101
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors adopts amendments to §681.101, relating to Examinations. Section 681.101 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9712) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments remove language identified during the quadrennial rule review as unnecessary and duplicative, without changing the substantive impact of the rule.
Adopting 22 TAC §681.204, to remove language to better align the schedule with the statute.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER D. SCHEDULE OF SANCTIONS
22 TAC §681.204
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors adopts amendments to §681.204, relating to Other Actions. Section 681.204 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9713) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments remove language identified during the quadrennial rule review to better align with the agency’s statute.
Adopting 22 TAC §681.205, to update the schedule of sanctions to reflect amendments proposed in other rules.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER D. SCHEDULE OF SANCTIONS
22 TAC §681.205
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors adopts amendments to §681.205, relating to Schedule of Sanctions. Section 681.205 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9714) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments update the schedule of sanctions to reflect amendments proposed in other rules.
Texas State Board of Social Worker Examiners
Adopted Rules Re:
CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §781.306
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners adopts amended §781.306, relating to Professional Representation. Section 781.306 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9715) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments remove language identified during the quadrennial rule review as potentially unenforceable, while not changing the substantive requirement that a licensee not make or benefit from false, misleading, deceptive, fraudulent, or exaggerated claims.
Adopting 22 TAC §781.310, to remove language to better align with the current statute.
CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §781.310
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners adopts amendments to §781.310, relating to Billing and Financial Relationships. Section 781.310 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9717) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments remove language identified during the quadrennial rule review to better align with the agency’s statute.
Adopting 22 TAC §781.313, to remove language that potentially conflicts with the Texas Business and Commerce Code.
CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §781.313
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners adopts the repeal of §781.313, relating to Corporations and Business Names. Section 781.313 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9718) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted repeal remove language identified during the quadrennial rule review as potentially in conflict with the Texas Business and Commerce Code, while not changing the substantive requirement in other rules that a licensee not make or benefit from false, misleading, deceptive, fraudulent, or exaggerated claims.
Adopting 22 TAC §781.804, to remove language that does not align with the current statute.
CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER D. SCHEDULE OF SANCTIONS
22 TAC §781.804
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners adopts amended §781.804, relating to Other Actions. Section 781.804 is adopted with changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9719) and will be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments remove language identified during the quadrennial rule review to better align with the agency’s statute.
Adopting 22 TAC §781.805, to update the schedule of sanctions to reflect amendments proposed in other rules.
CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER D. SCHEDULE OF SANCTIONS
22 TAC §781.805
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners adopts amendments to §781.805, relating to Schedule of Sanctions. Section 781.805 is adopted with changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9720) and will be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments update the schedule of sanctions to reflect amendments proposed in other rules.
Texas State Board of Examiners of Marriage and Family Therapists
Adopted Rules Re:
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §801.43
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts amendments to §801.43, relating to Professional Representation. Section 801.43 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9722) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments remove language identified during the quadrennial rule review as potentially unenforceable, while not changing the substantive requirement that a licensee not make or benefit from false, misleading, deceptive, fraudulent, or exaggerated claims.
Adopting 22 TAC §801.44, to remove language to better align with the current statute.
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 Therapists adopts amendments to §801.44, relating to Relationships with Clients. Section 801.44 is adopted with changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9723) and will be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments will remove language identified during the quadrennial rule review to better align with the agency’s statute.
Adopting 22 TAC §801.50, to remove language that potentially conflicts with the Texas Business and Commerce Code.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §801.50
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts the repeal of §801.50, relating to Corporation and Business Names. Section 801.50 is repealed without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9725) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments remove language identified during the quadrennial rule review as potentially in conflict with the Texas Business and Commerce Code, while not changing the substantive requirement in other rules that a licensee not make or benefit from false, misleading, deceptive, fraudulent, or exaggerated claims.
Adopting 22 TAC §801.53, to remove language that is potentially unenforceable concerning the requirement that a licensee not make or benefit from certain advertising practices.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §801.53
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts amendments to §801.53, relating to Advertising and Announcements. Section 801.53 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9726) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments remove language identified during the quadrennial rule review as potentially unenforceable, while not changing the substantive requirement that a licensee not make or benefit from false, misleading, or deceptive advertising.
Adopting 22 TAC §801.115, to allow marriage and family therapists applicants who are licensed to practice independently in other jurisdictions if certain licensure requirements are met.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.115
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts new §801.115, relating to Applicants Currently Licensed as an LMFT in Another Jurisdiction. Section 801.115 is adopted with changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9728) and will be republished.
BACKGROUND AND JUSTIFICATION
The adopted new rule deems marriage and family therapist applicants who are licensed to practice independently in another jurisdiction for two years to have met all academic and experience requirements if they meet all minimum statutory requirements for licensure.
Adopting 22 TAC §801.204, to remove language to better align with the current statute.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.204
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts amendments to §801.204, relating to Licensing of Military Service Members, Military Veterans, and Military Spouses. Section 801.204 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9730) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments remove language identified during the quadrennial rule review to better align with the agency’s statute.
Adopting 22 TAC §801.303, to remove language to better align with the current statute.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER D. SCHEDULE OF SANCTIONS
22 TAC §801.303
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts amendments to §801.303, relating to Other Actions. Section 801.303 is adopted with changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9731) and will be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments remove language identified during the quadrennial rule review to better align with the agency’s statute.
Adopting 22 TAC §801.305, to update the schedule of sanctions to reflect amendments proposed in other rules.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER D. SCHEDULE OF SANCTIONS
22 TAC §801.305
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts amendments to §801.305, relating to Schedule of Sanctions. Section 801.305 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9732) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments update the schedule of sanctions to reflect amendments proposed in other rules.
Texas Behavioral Health Executive Council
Adopted Rule Re:
Adopting 22 TAC §881.20, to remove unnecessary and duplicative language.
CHAPTER 881. GENERAL PROVISIONS
SUBCHAPTER B. RULEMAKING
22 TAC §881.20
OVERVIEW
The Texas Behavioral Health Executive Council adopts amendments to §881.20, relating to Rulemaking by the Executive Council. Section 881.20 is adopted without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9733) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments remove language identified during the quadrennial rule review as unnecessary and duplicative, without changing the substantive impact of the rule.
Texas Department of State Health Services
Transferred Rules Re:
Transferring certain rules in Texas Administrative Code, Title 25, Part 1, Chapter 417, Subchapter A to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 910, Subchapter D; Subchapter E; and Subchapter F.
OVERVIEW
During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. Certain rules in Texas Administrative Code, Title 25, Part 1, Chapter 417, Agency and Facility Responsibilities, Subchapter A, Standard Operating Procedures, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 910, State Facility Business Operations, Subchapter D, Personal Funds of Individuals Served in State Hospitals; Subchapter E, Personal Property of Individuals Served in State Hospitals; and Subchapter F, Fees for Guests of Individuals Served by State Facilities.
Transferring DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 417, Subchapter K to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 926, Subchapter D.
OVERVIEW
During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. Certain DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 417, Agency and Facility Responsibilities, Subchapter K, Abuse, Neglect, and Exploitation in TDMHMR Facilities, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 926, State Facility Requirements to Enhance the Safety of Individuals Receiving Services, Subchapter D, Abuse, Neglect, and Exploitation at State Hospitals. Subchapter C in Chapter 926 is also being renamed from Abuse, Neglect, and Exploitation at State Facilities to Abuse, Neglect, and Exploitation at State Supported Living Centers.
Texas Health and Human Services Commission
Transferred Rules Re:
Transferring certain rules in Texas Administrative Code, Title 25, Part 1, Chapter 417, Subchapter A, to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 910, Subchapter D; Subchapter E; and Subchapter F.
OVERVIEW
During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. Certain rules in Texas Administrative Code, Title 25, Part 1, Chapter 417, Agency and Facility Responsibilities, Subchapter A, Standard Operating Procedures, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 910, State Facility Business Operations, Subchapter D, Personal Funds of Individuals Served in State Hospitals; Subchapter E, Personal Property of Individuals Served in State Hospitals; and Subchapter F, Fees for Guests of Individuals Served by State Facilities.
Transferring certain DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 417, Subchapter K to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 926, Subchapter D.
OVERVIEW
During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. Certain DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 417, Agency and Facility Responsibilities, Subchapter K, Abuse, Neglect, and Exploitation in TDMHMR Facilities, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 926, State Facility Requirements to Enhance the Safety of Individuals Receiving Services, Subchapter D, Abuse, Neglect, and Exploitation at State Hospitals. Subchapter C in Chapter 926 is also being renamed from Abuse, Neglect, and Exploitation at State Facilities to Abuse, Neglect, and Exploitation at State Supported Living Centers.