Texas Register March 2, 2023 Volume: 48 Number: 9

posted in: Uncategorized

Texas Register Table of Contents

Texas Health and Human Services Commission

Adopted Rules Re:

New 1 TAC §354.5001, §354.5003, describing the purpose of the new Subchapter and providing new definitions.

CHAPTER 354. MEDICAID HEALTH SERVICES
SUBCHAPTER P. AUTISM SERVICES
1 TAC §354.5001, §354.5003

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts in the Texas Administrative Code (TAC), Title 1, Part 15, Chapter 354, new Subchapter P, Autism Services, Division 1, General Provisions, comprising §354.5001, concerning Purpose and Applicability; §354.5003, concerning Definitions; §354.5011, concerning Providers of Applied Behavior Analysis (ABA) Services; §354.5021, concerning Service Description, Requirements, and Limitations for Providing Applied Behavior Analysis (ABA) Services; and §354.5023, concerning Additional Medicaid Reimbursement Limitations and Exclusions Specific to Applied Behavior Analysis (ABA) Services.

Section 354.5021 and §354.5023 are adopted with changes to the proposed text as published in the October 21, 2022, issue of the Texas Register (47 TexReg 6937). These rules will be republished.

Sections 354.5001, 354.5003, and 354.5011 are adopted without changes to the proposed text as published in the October 21, 2022, issue of the Texas Register (47 TexReg 6937). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted rules implement the legislative direction in Senate Bill 1, 87th Texas Legislature, Regular Session, 2021 (Article II, HHSC, Rider 28). Rider 28 appropriated funding for Applied Behavior Analysis (ABA) services for autism and directed HHSC to implement the services as soon as practicable, but not later than February 1, 2022. A proposed Medicaid state plan amendment (SPA) was submitted to the Centers for Medicare & Medicaid Services (CMS) on September 3, 2021. The SPA amended the state plan to clarify that, to the extent required by Early and Periodic Screening, Diagnosis, and Treatment (EPSDT), a licensed behavior analyst (LBA) operating within the LBA’s state scope of practice and licensure requirements may provide ABA evaluation and treatment services to eligible children under 21 years of age who have a diagnosis of autism spectrum disorder (ASD). On January 27, 2022, CMS approved the SPA with an effective date of February 1, 2022.

The adoption of new Subchapter P in Title 1, Part 15, Chapter 354 outlines the requirements for LBAs and other providers of Medicaid ABA services, with a focus on how services should be provided. The adopted rules are consistent with the Medicaid Autism Services section (Austin Section) in the Children’s Services Handbook (Children’s Handbook) in the Texas Medicaid Provider Procedures Manual (TMPPM) that went into effect on February 1, 2022.


New 1 TAC §354.5011, describing authorized providers of Applied Behavior Analysis (ABA) Services and the requirements for licensing, certification and registration.

CHAPTER 354. MEDICAID HEALTH SERVICES
SUBCHAPTER P. AUTISM SERVICES
1 TAC §354.5011

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts in the Texas Administrative Code (TAC), Title 1, Part 15, Chapter 354, new Subchapter P, Autism Services, Division 1, General Provisions, comprising §354.5001, concerning Purpose and Applicability; §354.5003, concerning Definitions; §354.5011, concerning Providers of Applied Behavior Analysis (ABA) Services; §354.5021, concerning Service Description, Requirements, and Limitations for Providing Applied Behavior Analysis (ABA) Services; and §354.5023, concerning Additional Medicaid Reimbursement Limitations and Exclusions Specific to Applied Behavior Analysis (ABA) Services.

Section 354.5021 and §354.5023 are adopted with changes to the proposed text as published in the October 21, 2022, issue of the Texas Register (47 TexReg 6937). These rules will be republished.

Sections 354.5001, 354.5003, and 354.5011 are adopted without changes to the proposed text as published in the October 21, 2022, issue of the Texas Register (47 TexReg 6937). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted rules implement the legislative direction in Senate Bill 1, 87th Texas Legislature, Regular Session, 2021 (Article II, HHSC, Rider 28). Rider 28 appropriated funding for Applied Behavior Analysis (ABA) services for autism and directed HHSC to implement the services as soon as practicable, but not later than February 1, 2022. A proposed Medicaid state plan amendment (SPA) was submitted to the Centers for Medicare & Medicaid Services (CMS) on September 3, 2021. The SPA amended the state plan to clarify that, to the extent required by Early and Periodic Screening, Diagnosis, and Treatment (EPSDT), a licensed behavior analyst (LBA) operating within the LBA’s state scope of practice and licensure requirements may provide ABA evaluation and treatment services to eligible children under 21 years of age who have a diagnosis of autism spectrum disorder (ASD). On January 27, 2022, CMS approved the SPA with an effective date of February 1, 2022.

The adoption of new Subchapter P in Title 1, Part 15, Chapter 354 outlines the requirements for LBAs and other providers of Medicaid ABA services, with a focus on how services should be provided. The adopted rules are consistent with the Medicaid Autism Services section (Austin Section) in the Children’s Services Handbook (Children’s Handbook) in the Texas Medicaid Provider Procedures Manual (TMPPM) that went into effect on February 1, 2022.


New 1 TAC §354.5021, §354.5023, concerning service descriptions, requirements, and limitations for providing Applied Behavior Analysis (ABA) Services and Medicaid reimbursement limitations and exclusions for ABA Services.

CHAPTER 354. MEDICAID HEALTH SERVICES
SUBCHAPTER P. AUTISM SERVICES
1 TAC §354.5021, §354.5023

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts in the Texas Administrative Code (TAC), Title 1, Part 15, Chapter 354, new Subchapter P, Autism Services, Division 1, General Provisions, comprising §354.5001, concerning Purpose and Applicability; §354.5003, concerning Definitions; §354.5011, concerning Providers of Applied Behavior Analysis (ABA) Services; §354.5021, concerning Service Description, Requirements, and Limitations for Providing Applied Behavior Analysis (ABA) Services; and §354.5023, concerning Additional Medicaid Reimbursement Limitations and Exclusions Specific to Applied Behavior Analysis (ABA) Services.

Section 354.5021 and §354.5023 are adopted with changes to the proposed text as published in the October 21, 2022, issue of the Texas Register (47 TexReg 6937). These rules will be republished.

Sections 354.5001, 354.5003, and 354.5011 are adopted without changes to the proposed text as published in the October 21, 2022, issue of the Texas Register (47 TexReg 6937). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted rules implement the legislative direction in Senate Bill 1, 87th Texas Legislature, Regular Session, 2021 (Article II, HHSC, Rider 28). Rider 28 appropriated funding for Applied Behavior Analysis (ABA) services for autism and directed HHSC to implement the services as soon as practicable, but not later than February 1, 2022. A proposed Medicaid state plan amendment (SPA) was submitted to the Centers for Medicare & Medicaid Services (CMS) on September 3, 2021. The SPA amended the state plan to clarify that, to the extent required by Early and Periodic Screening, Diagnosis, and Treatment (EPSDT), a licensed behavior analyst (LBA) operating within the LBA’s state scope of practice and licensure requirements may provide ABA evaluation and treatment services to eligible children under 21 years of age who have a diagnosis of autism spectrum disorder (ASD). On January 27, 2022, CMS approved the SPA with an effective date of February 1, 2022.

The adoption of new Subchapter P in Title 1, Part 15, Chapter 354 outlines the requirements for LBAs and other providers of Medicaid ABA services, with a focus on how services should be provided. The adopted rules are consistent with the Medicaid Autism Services section (Austin Section) in the Children’s Services Handbook (Children’s Handbook) in the Texas Medicaid Provider Procedures Manual (TMPPM) that went into effect on February 1, 2022.


In Addition Re:

Public Hearing Notice: Proposed Rule for the Minimum Performance Standards for Nursing Facilities that Participate in the STAR+PLUS Program

OVERVIEW

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing to receive comments on the proposed new §353.610, concerning Minimum Performance Standards for Nursing Facilities that Participate in the STAR+PLUS Program.

This hearing will be webcast. Members of the public may attend the meeting in person at the address above or access a live stream of the meeting at https://texashhsmeetings.org/HHSWebcast. Select the tab for the Winters Public Hearing Room Live on the date and time for this meeting. Please e-mail Webcasting@hhsc.state.tx.us if you have any problems with the webcasting function.

BACKGROUND AND JUSTIFICATION

The proposed new rule implements Texas Government Code §533.00251(h), added by House Bill 2658, 87th Legislature, Regular Session, 2021. Texas Government Code §533.00251 requires HHSC to establish minimum performance standards for nursing facility providers seeking to participate in the STAR+PLUS Medicaid managed care program. Subsection (h) directs HHSC to adopt rules establishing standards for nursing facility providers that participate in the STAR+PLUS Program; monitor provider performance in accordance with the standards and requiring corrective action, as HHSC determines necessary, from providers that do not meet the standards; and share data regarding the requirements with STAR+PLUS Medicaid managed care organizations, as appropriate.


Public Notice – Texas State Plan for Medical Assistance Amendment

OVERVIEW

The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act.

BACKGROUND AND JUSTIFICATION

The purpose of the amendment is to amend the methodology to establish retention payments for Home and Community-Based Services (HCBS) under HHSC’s spending plan pursuant to section 9817 of the American Rescue Plan Act.

This methodology for retention payments applies to providers delivering HCBS attendant and nursing services through the provider agency and consumer directed services option in the following state plan services: Community Attendant Services program; Primary Home Care program; day activity and health services; Community first choice (CFC) personal assistance services and CFC habilitation services; 1915(i) Home and Community-Based Services–Adult Mental Health Program; and personal care services.


Texas State Board of Pharmacy

Adopted Rules Re:

Amending 22 TAC §291.76, regarding Class C Pharmacies located in a freestanding ambulatory surgical center.

CHAPTER 291. PHARMACIES
SUBCHAPTER D. INSTITUTIONAL PHARMACY (CLASS C)
22 TAC §291.76

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §291.76, concerning Class C Pharmacies Located in a Freestanding Ambulatory Surgical Center. These amendments are adopted without changes to the proposed text as published in the December 23, 2022, issue of the Texas Register (47 TexReg 8460). This rule will not be republished.

The amendments clarify that a pharmacist must verify the completeness and reconciliation of the perpetual inventory of controlled substances for an ASC pharmacy.


Amending 22 TAC §291.104, which will correct a drafting error in a section regarding operational standards.

CHAPTER 291. PHARMACIES
SUBCHAPTER F. NON-RESIDENT PHARMACY (CLASS E)
22 TAC §291.104

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §291.76, concerning Class C Pharmacies Located in a Freestanding Ambulatory Surgical Center. These amendments are adopted without changes to the proposed text as published in the December 23, 2022, issue of the Texas Register (47 TexReg 8460). This rule will not be republished.

The amendments clarify that a pharmacist must verify the completeness and reconciliation of the perpetual inventory of controlled substances for an ASC pharmacy.


Amending 22 TAC §303.1, addressing the destruction of dispensed drugs.

CHAPTER 303. DESTRUCTION OF DRUGS
22 TAC §303.1

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §303.1, concerning Destruction of Dispensed Drugs. These amendments are adopted without changes to the proposed text as published in the December 23, 2022, issue of the Texas Register (47 TexReg 8473). The rule will not be republished.

The amendments remove the inventory requirements for destruction using a waste disposal service of dangerous drugs dispensed in health care facilities or institutions and clarify dangerous drugs may be comingled with controlled substances in a shared container prior to destruction as allowed by federal laws and regulations.


Amending 22 TAC §315.6, regarding pharmacy responsibility and electronic reporting.

CHAPTER 315. CONTROLLED SUBSTANCES
22 TAC §315.6

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §315.6, concerning Pharmacy Responsibility – Electronic Reporting. These amendments are adopted without changes to the proposed text as published in the December 23, 2022, issue of the Texas Register (47 TexReg 8475). The rule will not be republished.

The amendments specify that a pharmacy must report the data elements indicated as required by the board’s Data Submission Guide for Dispensers.


Texas State Board of Examiners of Psychologists

Adopted Rules Re:

Amending 22 TAC §463.9, clarifying that accredited programs by NASP are considered to have met all training and internship requirements for licensure.

CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER B. LICENSING REQUIREMENTS
22 TAC §463.9

OVERVIEW

The Texas Behavioral Health Executive Council adopts amendment §463.9, relating to Licensed Specialist in School Psychology. Section 463.9 is adopted with changes to the proposed text as published in the September 30, 2022, issue of the Texas Register (47 TexReg 6384) and will be republished.

BACKGROUND AND JUSTIFICATION

The adopted amendment to subsection (c) makes clear that accredited programs by NASP are considered to meet all training and internship requirements for licensure under this rule, the same as NASP approved programs. Subsection (d) has been amended to allow for those that did not obtain a specialist degree from a school psychology program to apply for licensure if they have obtained a certificate of completion from a graduate-level training course designed to train individuals from related disciplines in the practice of school psychology.


Amending 22 TAC §463.10, removing the criteria for applicants with a doctoral degree conferred prior to January 1, 1979.

CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER B. LICENSING REQUIREMENTS
22 TAC §463.10

OVERVIEW

The Texas Behavioral Health Executive Council adopts amendment §463.9, relating to Licensed Specialist in School Psychology. Section 463.9 is adopted with changes to the proposed text as published in the September 30, 2022, issue of the Texas Register (47 TexReg 6384) and will be republished.

BACKGROUND AND JUSTIFICATION

The adopted amendment to subsection (c) makes clear that accredited programs by NASP are considered to meet all training and internship requirements for licensure under this rule, the same as NASP approved programs. Subsection (d) has been amended to allow for those that did not obtain a specialist degree from a school psychology program to apply for licensure if they have obtained a certificate of completion from a graduate-level training course designed to train individuals from related disciplines in the practice of school psychology.


Amending 22 TAC §463.11, adding the Psychological Clinical Science Accreditation to the list of accredited programs and removing time requirements between when a degree is awarded and when the individual applies for licensure.

CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER B. LICENSING REQUIREMENTS
22 TAC §463.11

OVERVIEW

The Texas Behavioral Health Executive Council adopts amendment §463.9, relating to Licensed Specialist in School Psychology. Section 463.9 is adopted with changes to the proposed text as published in the September 30, 2022, issue of the Texas Register (47 TexReg 6384) and will be republished.

BACKGROUND AND JUSTIFICATION

The adopted amendment to subsection (c) makes clear that accredited programs by NASP are considered to meet all training and internship requirements for licensure under this rule, the same as NASP approved programs. Subsection (d) has been amended to allow for those that did not obtain a specialist degree from a school psychology program to apply for licensure if they have obtained a certificate of completion from a graduate-level training course designed to train individuals from related disciplines in the practice of school psychology.


Amending 22 TAC §463.12, which repeals the requirement that temporary license holders get pre-approval 24 hours before one intends to use such a license in Texas.

CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER B. LICENSING REQUIREMENTS
22 TAC §463.12

OVERVIEW

The Texas Behavioral Health Executive Council adopts amendment §463.9, relating to Licensed Specialist in School Psychology. Section 463.9 is adopted with changes to the proposed text as published in the September 30, 2022, issue of the Texas Register (47 TexReg 6384) and will be republished.

BACKGROUND AND JUSTIFICATION

The adopted amendment to subsection (c) makes clear that accredited programs by NASP are considered to meet all training and internship requirements for licensure under this rule, the same as NASP approved programs. Subsection (d) has been amended to allow for those that did not obtain a specialist degree from a school psychology program to apply for licensure if they have obtained a certificate of completion from a graduate-level training course designed to train individuals from related disciplines in the practice of school psychology.


Amending 22 TAC §463.15, to move the criteria for applicants with a doctoral degree conferred prior to January 1, 1979, from current rule §463.10 to this new rule.

CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER B. LICENSING REQUIREMENTS
22 TAC §463.15

OVERVIEW

The Texas Behavioral Health Executive Council adopts amendment §463.9, relating to Licensed Specialist in School Psychology. Section 463.9 is adopted with changes to the proposed text as published in the September 30, 2022, issue of the Texas Register (47 TexReg 6384) and will be republished.

BACKGROUND AND JUSTIFICATION

The adopted amendment to subsection (c) makes clear that accredited programs by NASP are considered to meet all training and internship requirements for licensure under this rule, the same as NASP approved programs. Subsection (d) has been amended to allow for those that did not obtain a specialist degree from a school psychology program to apply for licensure if they have obtained a certificate of completion from a graduate-level training course designed to train individuals from related disciplines in the practice of school psychology.


Repealing 22 TAC §463.35, which relates to Professional Development.

CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER F. PROFESSIONAL DEVELOPMENT
22 TAC §463.35

OVERVIEW

The Texas Behavioral Health Executive Council adopts the repeal of §463.35, relating to Professional Development. Section 463.35 is repealed without changes to the proposed text as published in the October 7, 2022, issue of the Texas Register (47 TexReg 6554) and will not be republished. This adopted repeal corresponds with the adoption of a new rule elsewhere in this issue of the Texas Register.

BACKGROUND AND JUSTIFICATION

This rule is adopted to be repealed and replaced by a new §465.35, pertaining to Requirements for Professional Development, which is formatted similarly to the other Boards under the Executive Council.


New 22 TAC §463.35, streamlining all the continuing eduction into a rule that is formatted similarly to other Boards under the Executive Counsel.

CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER F. PROFESSIONAL DEVELOPMENT
22 TAC §463.35

OVERVIEW

The Texas Behavioral Health Executive Council adopts the repeal of §463.35, relating to Professional Development. Section 463.35 is repealed without changes to the proposed text as published in the October 7, 2022, issue of the Texas Register (47 TexReg 6554) and will not be republished. This adopted repeal corresponds with the adoption of a new rule elsewhere in this issue of the Texas Register.

BACKGROUND AND JUSTIFICATION

This rule is adopted to be repealed and replaced by a new §465.35, pertaining to Requirements for Professional Development, which is formatted similarly to the other Boards under the Executive Council.


Texas State Board of Examiners of Professional Counselors

Adopted Rules Re:

New 22 TAC §681.140, which would consolidate all continuing education requirements.

CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §681.140

OVERVIEW

The Texas Behavioral Health Executive Council adopts new §681.140, relating to Requirements for Continuing Education. Section 681.140 is adopted without changes to the proposed text as published in the December 16, 2022, issue of the Texas Register (47 TexReg 8226) and will not be republished.

Reasoned Justification.

This adopted new rule consolidates all the continuing education requirements contained in multiple rules into this single rule. Additionally, this rule adds and changes some of the requirements for each renewal cycle. For example, LPCs will now be required to complete three hours of cultural diversity or competency; licensees with supervisor status will be required to complete six hours in supervision, but these hours will count towards the minimum required hours instead of in addition to the required hours; licensees may carry up to 10 unclaimed continuing education hours of from one renewal period to the next; and lastly licensees can now claim up to one hour of self-study continuing education credit.

The Executive Council had previously received public comments both in support and in opposition to subsection (f), which requires licensees to obtain at least fifty percent of their continuing education hours from one of the providers listed in subsection (f). The requirements of subsection (f) are intended to make sure that at least some of the continuing education that licensees receive is from sources that have a level of organization and oversight available to ensure the quality of the coursework provided. This requirement will alleviate the risk that licensees receive all of their continuing education from one individual or single source provider that has never been reviewed, edited, or vetted by any other individual or organization. Many of the comments in opposition to subsection (f) request that the Executive Council include other groups of individuals or entities to this list. The Executive Council believes the currently adopted list is sufficient and declines to include an exhaustive list of every individual or entity that may be worthy of inclusion because, as the Texas Court of Civil Appeals for Texarkana concluded in Marrs v. Matthews, 270 S.W. 586, at 588 (Tex. Civ. App.-Texarkana 1925, writ ref’d):

Different minds might reach different conclusions as to what qualities of character should render one unworthy to hold a certificate to teach. But there can be no difference of opinion about the fact that an unworthy person should not be permitted to teach in the public schools. What qualities, or lack of qualities, should render one unworthy would be difficult for legislative enumeration. They are so numerous, and their combinations so varied in different individuals, that a statute which undertakes to be more specific would either be incomplete, or so inflexible as to defeat the ends sought. In the very nature of the subject there must be lodged somewhere a personal discretion for determining who are the “unworthy.”


Repealing 22 TAC §§681.141 – 681.143, 681.145, which related to General Continuing Education Requirements; Acceptable Continuing Education; Activities Unacceptable as Continuing Education; and Determination of Clock-hours Granted.

CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §§681.141 – 681.143, 681.145

OVERVIEW

The Texas Behavioral Health Executive Council adopts new §681.140, relating to Requirements for Continuing Education. Section 681.140 is adopted without changes to the proposed text as published in the December 16, 2022, issue of the Texas Register (47 TexReg 8226) and will not be republished.

Reasoned Justification.

This adopted new rule consolidates all the continuing education requirements contained in multiple rules into this single rule. Additionally, this rule adds and changes some of the requirements for each renewal cycle. For example, LPCs will now be required to complete three hours of cultural diversity or competency; licensees with supervisor status will be required to complete six hours in supervision, but these hours will count towards the minimum required hours instead of in addition to the required hours; licensees may carry up to 10 unclaimed continuing education hours of from one renewal period to the next; and lastly licensees can now claim up to one hour of self-study continuing education credit.

The Executive Council had previously received public comments both in support and in opposition to subsection (f), which requires licensees to obtain at least fifty percent of their continuing education hours from one of the providers listed in subsection (f). The requirements of subsection (f) are intended to make sure that at least some of the continuing education that licensees receive is from sources that have a level of organization and oversight available to ensure the quality of the coursework provided. This requirement will alleviate the risk that licensees receive all of their continuing education from one individual or single source provider that has never been reviewed, edited, or vetted by any other individual or organization. Many of the comments in opposition to subsection (f) request that the Executive Council include other groups of individuals or entities to this list. The Executive Council believes the currently adopted list is sufficient and declines to include an exhaustive list of every individual or entity that may be worthy of inclusion because, as the Texas Court of Civil Appeals for Texarkana concluded in Marrs v. Matthews, 270 S.W. 586, at 588 (Tex. Civ. App.-Texarkana 1925, writ ref’d):

Different minds might reach different conclusions as to what qualities of character should render one unworthy to hold a certificate to teach. But there can be no difference of opinion about the fact that an unworthy person should not be permitted to teach in the public schools. What qualities, or lack of qualities, should render one unworthy would be difficult for legislative enumeration. They are so numerous, and their combinations so varied in different individuals, that a statute which undertakes to be more specific would either be incomplete, or so inflexible as to defeat the ends sought. In the very nature of the subject there must be lodged somewhere a personal discretion for determining who are the “unworthy.”


Amending 22 TAC §681.147, to update requirements related to 40-Clock-Hour Supervisor Training Course.

CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §681.147

OVERVIEW

The Texas Behavioral Health Executive Council adopts new §681.140, relating to Requirements for Continuing Education. Section 681.140 is adopted without changes to the proposed text as published in the December 16, 2022, issue of the Texas Register (47 TexReg 8226) and will not be republished.

Reasoned Justification.

This adopted new rule consolidates all the continuing education requirements contained in multiple rules into this single rule. Additionally, this rule adds and changes some of the requirements for each renewal cycle. For example, LPCs will now be required to complete three hours of cultural diversity or competency; licensees with supervisor status will be required to complete six hours in supervision, but these hours will count towards the minimum required hours instead of in addition to the required hours; licensees may carry up to 10 unclaimed continuing education hours of from one renewal period to the next; and lastly licensees can now claim up to one hour of self-study continuing education credit.

The Executive Council had previously received public comments both in support and in opposition to subsection (f), which requires licensees to obtain at least fifty percent of their continuing education hours from one of the providers listed in subsection (f). The requirements of subsection (f) are intended to make sure that at least some of the continuing education that licensees receive is from sources that have a level of organization and oversight available to ensure the quality of the coursework provided. This requirement will alleviate the risk that licensees receive all of their continuing education from one individual or single source provider that has never been reviewed, edited, or vetted by any other individual or organization. Many of the comments in opposition to subsection (f) request that the Executive Council include other groups of individuals or entities to this list. The Executive Council believes the currently adopted list is sufficient and declines to include an exhaustive list of every individual or entity that may be worthy of inclusion because, as the Texas Court of Civil Appeals for Texarkana concluded in Marrs v. Matthews, 270 S.W. 586, at 588 (Tex. Civ. App.-Texarkana 1925, writ ref’d):

Different minds might reach different conclusions as to what qualities of character should render one unworthy to hold a certificate to teach. But there can be no difference of opinion about the fact that an unworthy person should not be permitted to teach in the public schools. What qualities, or lack of qualities, should render one unworthy would be difficult for legislative enumeration. They are so numerous, and their combinations so varied in different individuals, that a statute which undertakes to be more specific would either be incomplete, or so inflexible as to defeat the ends sought. In the very nature of the subject there must be lodged somewhere a personal discretion for determining who are the “unworthy.”


State Board of Social Worker Examiners

Adopted Rules Re:

Amending 22 TAC §781.303 in order to better align the rule with the statutory rights and duties listed in sections of the Family Code.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §781.303

OVERVIEW

The Texas Behavioral Health Executive Council adopts amendment §781.303, relating to General Standards of Practice. Section 781.303 is adopted without changes to the proposed text as published in the September 30, 2022, issue of the Texas Register (47 TexReg 6397) and will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted amendments have been made to better align this rule with the statutory rights and duties listed in Sections 151.001, 153.132, and 153.371 of the Family Code.


Texas State Board of Examiners of Marriage and Family Therapists

Adopted Rules Re:

Amending 22 TAC §801.142 to correct typographical errors.

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.142

OVERVIEW

The Texas Behavioral Health Executive Council adopts amendment §801.142, relating to Supervised Clinical Experience Requirements and Conditions. Section 801.142 is adopted without changes to the proposed text as published in the December 16, 2022, issue of the Texas Register (47 TexReg 8240) and will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted amendments add new subsection (10) which allows for students in doctoral programs to count supervised experience hours toward licensure requirements when obtained after the conferral of their master’s degree that meets licensure requirements. Additionally, other amendments have been adopted to correct typographical errors.


Amending 22 TAC §801.143, providing specific details regarding the minimum standards for the forty hours of eduction requirement for supervisor status.

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.143

OVERVIEW

The Texas Behavioral Health Executive Council adopts amendment §801.142, relating to Supervised Clinical Experience Requirements and Conditions. Section 801.142 is adopted without changes to the proposed text as published in the December 16, 2022, issue of the Texas Register (47 TexReg 8240) and will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted amendments add new subsection (10) which allows for students in doctoral programs to count supervised experience hours toward licensure requirements when obtained after the conferral of their master’s degree that meets licensure requirements. Additionally, other amendments have been adopted to correct typographical errors.


Amending 22 TAC §801.202, to change the LMFT Associate license to a five-year non-renewable term.

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.202

OVERVIEW

The Texas Behavioral Health Executive Council adopts amendment §801.142, relating to Supervised Clinical Experience Requirements and Conditions. Section 801.142 is adopted without changes to the proposed text as published in the December 16, 2022, issue of the Texas Register (47 TexReg 8240) and will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted amendments add new subsection (10) which allows for students in doctoral programs to count supervised experience hours toward licensure requirements when obtained after the conferral of their master’s degree that meets licensure requirements. Additionally, other amendments have been adopted to correct typographical errors.


Amending 22 TAC §801.261, to include new hospitals and hospital systems to the continuing education requirements under subsection (f).

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.261

OVERVIEW

The Texas Behavioral Health Executive Council adopts amendment §801.142, relating to Supervised Clinical Experience Requirements and Conditions. Section 801.142 is adopted without changes to the proposed text as published in the December 16, 2022, issue of the Texas Register (47 TexReg 8240) and will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted amendments add new subsection (10) which allows for students in doctoral programs to count supervised experience hours toward licensure requirements when obtained after the conferral of their master’s degree that meets licensure requirements. Additionally, other amendments have been adopted to correct typographical errors.


Texas Department of State Health Services

In Addition Re:

Licensing Actions for Radioactive Materials

For more information, please visit this week’s edition of the Texas Register at 48 Tex Reg 1343.


Licensing Actions for Radioactive Materials

For more information, please visit this week’s edition of the Texas Register at 48 Tex Reg 1349.