15 Sep 2023

Texas Register September 15, 2023 Volume: 48 Number: 37

by | posted in: Governor, Texas Behavioral Health Executive Council, Texas Council for Developmental Disabilities, Texas Department of Insurance, Texas Department of Licensing and Regulation, Texas Optometry Board, Texas State Board of Examiners of Psychologists, Texas State Board of Professional Counselors |

Texas Register Table of Contents

The Governor

Appointments Re:

The Governor reappointed two individuals to the Texas Commission of Licensing and Regulation.

Appointments for August 31, 2023

Appointed to the Texas Commission of Licensing and Regulation for a term to expire February 1, 2029:

  • Gerald R. “Ray” Callas, M.D. of Beaumont, Texas (Dr. Callas is being reappointed).
  • Gary F. Wesson, D.D.S. of Richmond, Texas (Dr. Wesson is being reappointed).

Texas Optometry Board

Withdrawn Rules Re:

Withdrawing proposed amendment to 22 TAC § 279.1, which would have required the optometrist or therapeutic optometrist to “examine in-person” instead of “personally make” certain findings during the initial visit.

CHAPTER 279. INTERPRETATIONS
22 TAC §279.1

OVERVIEW

The Texas Optometry Board withdraws proposed amendments to §279.1 which appeared in the May 26, 2023, issue of the Texas Register (48 TexReg 2654).

Withdrawing amendment to 22 TAC § 279.3, which described the requirements for a discipline charge.

CHAPTER 279. INTERPRETATIONS
22 TAC §279.3

OVERVIEW

The Texas Optometry Board withdraws proposed amendments to §279.3 which appeared in the May 26, 2023, issue of the Texas Register (48 TexReg 2656).

State Board of Examiners of Psychologists

Adopted Rules Re:

Amending 22 TAC §463.8, to correct typographical errors and explaining what kind of experience can count towards licensure.

CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER B. LICENSING REQUIREMENTS
22 TAC §463.8

OVERVIEW

The Texas Behavioral Health Executive Council adopts amendments to §463.8, relating to Licensed Psychological Associate. Section 463.8 is adopted without changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1700) and will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted amendments correct typographical errors in subsections (a)(3), (b)(3), and (c)(3). The adopted amendment to subsection (a)(2) will allow for the supervised experience from an internship, practicum, or the like to count towards licensure if it is obtained under an individual licensed as an LSSP, instead of only under the supervision of a psychologist. Subsection (c)(5) has been amended to allow a provisionally licensed psychologist to count supervision hours obtained towards the independent practice requirements as an LPA. Subsection (d) has been deleted to correspond with the adopted change to §463.11, which deletes the gap requirements for when supervised experience was obtained and when an application was submitted. Subsection (f) extends a grandfathering provision for degrees in psychology that began before August 31, 2019. And subsection (g) creates a way for applicants with deficiencies to petition for permission to remediate certain areas of deficiency.

Texas State Board of Examiners of Professional Counselors

Adopted Rules Re:

New 22 TAC §681.35, to transfer the existing requirement for informed consent from one section to this new section, as well as new language.

CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §681.35

OVERVIEW

The Texas Behavioral Health Executive Council adopts new §681.35, relating to Informed Consent. Section 681.35 is adopted without changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1703) and will not be republished.

BACKGROUND AND JUSTIFICATION

This adopted new rule transfers the existing requirements for informed consent from current §681.41 to this new rule, and it adds new language in subsection (d). Subsection (d) is intended to create a standard by which informed consent can be provided by licensees to clients while licensees are employed by agencies or institutions, where obtaining signed documentation may not be possible or easily accomplished. The adopted new rule requires the same level of notice and public protection that is currently required, while also creating a regulation that is not overly burdensome or impossible to comply with for licensees.

New 22 TAC §681.36, to transfer the existing requirements for rules of practice from another section to the new section.

CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §681.36

OVERVIEW

The Texas Behavioral Health Executive Council adopts new §681.36, relating to Client Records. Section 681.36 is adopted without changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1704) and will not be republished.

BACKGROUND AND JUSTIFICATION

This adopted new rule transfers the existing requirements for records from current §681.41 to this new rule.

New 22 TAC §681.37, to transfer existing billing and financial arrangement requirements to this new section.

CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §681.37

OVERVIEW

The Texas Behavioral Health Executive Council adopts new §681.37, relating to Billing and Financial Arrangements. Section 681.37 is adopted with changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1706) and will be republished. The adopted changes make grammatical and technical corrections to subsection (a)(3) and (5) but substantially does not change the rule.

BACKGROUND AND JUSTIFICATION

This adopted new rule transfers the existing requirements for billing and financial arrangements from current §681.41 to this new rule.

New 22 TAC §681.38, to transfer existing requirements regarding conflicts, boundaries, dual relationships, and termination of relationships with clients to this new section.

CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §681.38

OVERVIEW

The Texas Behavioral Health Executive Council adopts new §681.38, relating to Conflicts, Boundaries, Dual Relationships, and Termination of Relationships. Section 681.38 is adopted without changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1707) and will not be republished.

BACKGROUND AND JUSTIFICATION

This adopted new rule transfers the existing requirements regarding conflicts, boundaries, dual relationships, and termination of relationships with clients from current §681.41 to this new rule.

Amending 22 TAC §681.41, to reorganize or delete certain subsections relating to rules of practice for professional counselors.

CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §681.41

OVERVIEW

The Texas Behavioral Health Executive Council adopts amended §681.41, relating to General Ethical Requirements. Section 681.41 is adopted without changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1709) and will not be republished.

BACKGROUND AND JUSTIFICATION

Subsections (e), (f), (h), (i), (j), (k), (l), (m), (n), (q), (r), (s), (t), (v), (w), and (x) have been deleted from this rule because these subsections have been moved to and adopted in separate rules to organize the rules of practice in a more accessible and intuitive manner. Additionally, subsection (u) was deleted because it was duplicative, the same requirement already exists in §681.45.

Amending 22 TAC §681.52, to update a rule citation to correspond with the amendments to §681.41.

CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §681.52

OVERVIEW

The Texas Behavioral Health Executive Council adopts amended §681.52, relating to Parenting Facilitation. Section 681.52 is adopted without changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1712) and will not be republished.

BACKGROUND AND JUSTIFICATION

An amendment to §681.41 has been adopted, so a corresponding amendment to subsection (y) of this rule has been adopted.

Amending 22 TAC §681.205, to comply with corresponding amendments to the rule.

CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER D. SCHEDULE OF SANCTIONS
22 TAC §681.205

OVERVIEW

The Texas Behavioral Health Executive Council adopts amended §681.205, relating to Schedule of Sanctions. Section 681.205 is adopted without changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1715) and will not be republished.

BACKGROUND AND JUSTIFICATION

Amendments to §681.41 and new §§681.35, 681.36, 681.37, and 681.38 have been adopted, so corresponding amendments to this rule must also being adopted.

Texas Behavioral Health Executive Council

Adopted Rules Re:

Amending 22 TAC §882.61, to align state and federal law pertaining to licensing exemptions for service members and military spouses.

CHAPTER 882. APPLICATIONS AND LICENSING
SUBCHAPTER F. LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, VETERANS, AND MILITARY SPOUSES
22 TAC §882.61

OVERVIEW

The Texas Behavioral Health Executive Council adopts amendments to §882.61, relating to Special Licensing Provisions for Service Members and Military Spouses. Section 882.61 is adopted with changes to the proposed text as published in the July 14, 2023, issue of the Texas Register (48 TexReg 3797) and will be republished.

BACKGROUND AND JUSTIFICATION

The adopted amendments better align this rule with both state and federal law regarding licensing exemptions for service members and military spouses. The rule is adopted with changes in response to recent amendments made to Section 55.0041 of the Occupations Code by S.B. 422, 88th Leg., R.S. (2023).

Texas Council for Developmental Disabilities

In Addition Re:

Request for Applications: TCDD Building Capacity for Culturally Competent Family Supports

OVERVIEW

The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for activities to support specific capacity-building and information-sharing activities lead by an organization who is considered a leader and trusted source for the cultural group with which they seek to connect. Activities will support individuals with developmental disabilities (DD) and families of individuals with DD to become active participants and advocates in the delivery of community-based services. Projects will also improve understanding of the different values, cultures, and customs that exist in Texas and inform how these factors may influence best practices in service delivery. This work is viewed as a necessary step towards TCDD’s mission to create change so that all people with DD are fully included in their communities.

Request for Applications: TCDD Storytelling Project: Understanding the Experience of Individuals with DD and their Families

OVERVIEW

The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for activities to collect, summarize, and distribute stories and personal experiences of people with developmental disabilities (DD). The project will seek professional writers and photographers to connect with people with DD including young adults, college students, adults, employees, entrepreneurs, siblings, parents, and others about their experiences across multiple issue areas related to TCDD Public Policy Priorities and other topics in the TCDD State Plan. Activities will also include technical assistance to TCDD state plan sub-grantees on collecting and summarizing both individual and system change stories within their projects.

Texas Department of Insurance, Division of Workers’ Compensation

In Addition Re:

Proposed Fiscal Year 2024 Research Agenda Workers’ Compensation Research and Evaluation Group

OVERVIEW

Texas Labor Code §405.0026 requires the commissioner of workers’ compensation to adopt a research agenda each year for the Workers’ Compensation Research and Evaluation Group (REG) at the Texas Department of Insurance (TDI).

Labor Code §405.0026 requires the REG to prepare a research agenda each year for the commissioner to review, approve, and publish in the Texas Register.

Labor Code §405.0025 requires the REG to conduct professional studies and research related to how effectively the workers’ compensation system operates.

Texas Insurance Code §1305.502 requires the REG to develop and issue an informational report card each even-numbered year that objectively identifies and compares certified health care networks with each other and with claims outside of those networks.

Texas Department of Licensing and Regulation

In Addition Re:

Notice of Vacancy on Midwives Advisory Board


The Texas Department of Licensing and Regulation (Department) announces one vacancy on the Midwives Advisory Board (Board) established by Texas Occupations Code, Chapter 203. The pertinent rules may be found in 16 Texas Administrative Code Chapter 55. The purpose of the Midwives Advisory Board is to provide advice and recommendations to the Department on technical matters relevant to the administration of this chapter. This announcement is for:

  • one midwife.
Notice of Vacancy on Orthotists and Prosthetists Advisory Board


The Texas Department of Licensing and Regulation (Department) announces one vacancy on the Orthotists and Prosthetists Advisory Board (Board) established by Texas Occupations Code, Chapter 605. The purpose of the Orthotists and Prosthetists Advisory Board is to provide advice and recommendations to the Department on technical matters relevant to the administration of this chapter. This announcement is for:

  • one member who is a representative of the public who uses an orthosis.