March 22 issue (all sections) - Texas Secretary of State

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(e) Upon a licensee's petition, the executive director may waive part, but not all, of the continuing education renewal requirements for good and just cause or may permit the licensee additional time to complete all continuing education requirements. If the director decides not to waive requirements, a licensee may appeal to the board, which may elect to waive the late fees accrued. Should the board not uphold the licensee's petition, all late fees accrued will apply. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on March 8, 2013. TRD-201301036 Timothy M. Brown, LCSW Chair Texas State Board of Social Worker Examiners Effective date: March 28, 2013 Proposal publication date: October 5, 2012 For further information, please call: (512) 776-6972 ♦ ♦ ♦ SUBCHAPTER F. COMPLAINTS AND VIOLATIONS 22 TAC §781.603 STATUTORY AUTHORITY The amendment is adopted under Texas Occupations Code, §505.201, which authorizes the board to adopt rules necessary for the performance of its duties. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on March 8, 2013. TRD-201301037 Timothy M. Brown, LCSW Chair Texas State Board of Social Worker Examiners Effective date: March 28, 2013 Proposal publication date: October 5, 2012 For further information, please call: (512) 776-6972 ♦ ♦ ♦ PART 35. TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS The Texas State Board of Examiners of Marriage and Family Therapists (board) adopts amendments to §§801.1, 801.2, 801.11 - 801.19, 801.41 - 801.56, 801.71 - 801.73, 801.91 - 801.93, 801.111 - 801.115, 801.141 - 801.143, 801.171 - 801.174, 801.201 - 801.203, 801.231 - 801.237, 801.261 - 801.268, 801.291 - 801.303, 801.331, 801.332, 801.351, and 801.361 - 801.364 and new §801.204, concerning the licensing and regulation of marriage and family therapists. Sections 801.11, 801.41, 801.42, 801.44, 801.142, 801.203, and 801.297 are being adopted with changes to the proposed text as published in the September 28, 2012, issue of the Texas Register (37 TexReg 7660). Amendments 801.1, 801.2, 801.12 - 801.19, 801.43, 801.45 - 801.56, 801.71 - 801.73, 801.91 - 801.93, 801.111 - 801.115, 801.141, 801.143, 801.171 - 801.174, 801.201, 801.202, 801.231 - 801.237, 801.261 - 801.268, 801.291 - 801.296, 801.298 - 801.303, 801.331, 801.332, 801.351, and 801.361 - 801.364 and new §801.204 are adopted without changes and, therefore, will not be republished. BACKGROUND AND PURPOSE Texas Government Code, §2001.039, requires that each state agency review and consider for readoption each rule adopted by that agency pursuant to the Texas Government Code, Chapter 2001 (Administrative Procedure Act). Sections 801.1, 801.2, 801.11 - 801.19, 801.41 - 801.56, 801.71 - 801.73, 801.91 - 801.93, 801.111 - 801.115, 801.141 - 801.143, 801.171 - 801.174, 801.201 - 801.203, 801.231 - 801.237, 801.261 - 801.268, 801.291 - 801.303, 801.331, 801.332, 801.351, and 801.361 - 801.364 have been reviewed, and the board has determined that the reasons for adopting the sections continue to exist in that rules concerning the licensing and regulation of marriage and family therapists are still needed; however, changes are needed as described in this preamble, and are the result of the comprehensive rule review undertaken by the board and the board's staff. In general, each section was reviewed and readopted in order to ensure appropriate subchapter, section, and paragraph organization; to ensure clarity; to improve spelling, grammar, and punctuation; to ensure that the rules reflect current legal and policy considerations; to ensure accuracy of legal citations; to eliminate unnecessary catch-titles; to delete repetitive, obsolete, unenforceable, or unnecessary language; to improve draftsmanship; and to make the rules more accessible, understandable, and usable. The new section establishes procedures for issuance of licenses to military spouses, as required by Senate Bill 1733, 82nd Legislature, 2011, amending Texas Occupations Code, Chapter 55, relating to the licensing process for military spouses. SECTION-BY-SECTION SUMMARY The following section-by-section summary considers only those sections which were substantially changed in language, meaning, or intent. A number of modifications were adopted for the chapter in order to meet the objectives of the rule review as described previously, such as improving draftsmanship and ensuring clarity. Nonsubstantive changes were adopted to various sections of the chapter, including §§801.1, 801.14, 801.15, 801.17, 801.19, 801.42, 801.43, 801.46 - 801.48, 801.51, 801.53, 801.54, 801.72, 801.91, 801.111 - 801.115, 801.141, 801.143, 801.171, 801.172, 801.201, 801.203, 801.231, 801.233, 801.235 - 801.237, 801.263, 801.266, 801.267, 801.292 - 801.296, 801.298 - 801.302, 801.331, 801.332, 801.351, and 801.361 - 801.364. The following changes are adopted concerning Subchapter A (relating to the Introduction). Adopted changes to §801.2 demonstrate the board no longer recognizes educational institutions registered by the California 38 TexReg 1982 March 22, 2013 Texas Register
Bureau for Private Postsecondary and Vocational Education and relies instead on accredited institutions and programs of or by the Council for Higher Education (CHEA). Additional amendments to §801.2 clarify the correct terminology for "associate" and expand the definition of "client." Nonsubstantive changes were also made to various portions of §801.2. The following changes are adopted concerning Subchapter B (relating to The Board). Amendments to §801.11 alter the procedures for submitting an agenda item and participation during the Public Comment period. Additionally, changes to §801.11 recognize the board's expectation that licensees seek professional consultation and legal advice from qualified individuals for resolution of ethical dilemmas or practice issues not explicitly articulated in board law, rule or policy. An amendment to §801.12 deletes paragraph (2) concerning rulemaking procedures as unnecessary since the provision is spelled out in Texas Government Code, §2001.021. The remaining paragraphs are renumbered accordingly. To reflect current operational procedures, an amendment to §801.13 deletes the requirement that the executive director sign the approved minutes of each meeting. A reference to 42 U.S.C. §12101 et seq. was added to §801.16 for the Americans with Disabilities Act. Amended §801.18 reflects the current electronic address to which applications and renewal applications are sent and processed. The following changes are adopted concerning Subchapter C (relating to Guidelines for Professional Therapeutic Services and Code of Ethics). Amended §801.41 adds the requirement that a licensee observe and comply with the code of ethics and standards of practice and that failure to do so is grounds for disciplinary action. Amended §801.42 reflects that the practice of marriage and family therapy is not limited to the marital relationship but includes couples therapy; the term "marriage" is deleted in the context of describing the changing life cycle. Amended §801.44 clarifies confidentiality provisions, specifies requirements related to soliciting and contracting with certain referral sources, prohibits a licensee from exploiting a position of trust, simplifies, removes redundancies with other sections and reorders subsections (l) - (s) to accommodate changes. Amended §801.44 also adds new subsections related to exempting certain licensees from the record keeping requirements, prohibiting a licensee from knowingly offering or providing professional services to an individual concurrently receiving professional services for another mental health service provider unless special precautions are taken; changes to §801.44 also add new subsections that restrict an impaired licensee from providing services and require a licensee to take reasonable steps to facilitate the transfer of a client. Changes to §801.44 prohibit a licensee from aiding or abetting the unlicensed practice of marriage and family therapy, require the licensee to report unlicensed practice to the board and prohibit a licensee from entering into a non-professional relationship with certain persons related to or known by a client if the licensee knows or reasonably should have known such a relationship could be detrimental to the client. Regarding §801.45, the board adopts several substantive changes including expanding the scope of individuals with whom the licensee may not engage in sexual conduct, deleting the previous time limitation on sexual contact, permanently barring sexual contact with a current client or a former client. Amended §801.48 requires a licensee also comply with Texas Health and Safety Code, Chapter 181, in addition to those statutes or rules regarding access to mental health records and confidentiality. Amended §801.49 mandates certain written reports that must be made to the board and states that the failure to do so may result in disciplinary action against the licensee. Amended §801.50 changes the section name from "Assumed Names" to "Corporation and Business Names" to provide clarity about the intent of the section. Changes to §801.52 modify the existing language of subsection (a) for clarity and add new subsection (e), regarding responsibility of the licensee for any use or misuse of a reproduced board-issued license. Amended §801.53 references the exceptions to allowable advertising; amended §801.55 and §801.56 make changes throughout the section to recognize the terminology "parenting coordinator." The following changes are adopted concerning Subchapter D (relating to Application Procedures). Amended §801.71 adds "marriage and family therapist associate" as being covered by Subchapter D of this chapter; changes to §801.73 include the requirement that applicants report any disciplinary actions taken by other jurisdictions on the application form. The board also adopts edits to §801.73(a)(2) and (7) for clarity. The following changes are adopted concerning Subchapter E (relating to the Criteria for Determining Fitness of Applicants for Examination and Licensure). Changes to §801.92 remove the requirement that an applicant may be considered unfit for licensure only if he or she lacks the necessary skills and abilities to provide adequate marriage and family therapy in an independent practice setting. Regarding §801.93, the board adopts a change to allow the board to discipline a licensee based upon information received after license issuance even if it determines the violation occurred prior to the license issuance date. The adopted changes concerning Subchapter F (relating to the Academic Requirements for Examination and Licensure) are editorial for clarity and improved draftsmanship. The following changes are adopted concerning Subchapter G (relating to the Experience Requirements for Licensure). Regarding §801.142, the board adopts amendments to reorganize and rework paragraph (1)(A) for clarity and consistency with current board policies related to minimum requirements for licensure for supervision and supervised experience. The deletion of subparagraph (G) of the paragraph eliminates redundancy with the changes as adopted in paragraph (1)(A); the following subparagraphs were reordered accordingly. The following changes are adopted concerning Subchapter H (relating to Examinations). Section 801.171 and §801.172 specify licensure must be boardapproved. Section 801.173 states that when an applicant is no- ADOPTED RULES March 22, 2013 38 TexReg 1983
Page 1 and 2: Volume 38 Number 12 March 22, 2013
Page 3 and 4: GOVERNOR IN THIS ISSUE Appointments
Page 5 and 6: Texas Ethics Commission List of Lat
Page 7 and 8: Appointments Appointments for Febru
Page 9 and 10: Advisory Opinion Requests AOR-578.
Page 11 and 12: ing the license of a delinquent obl
Page 13 and 14: and adds the following civil case t
Page 15 and 16: the cenotaph is of inferior quality
Page 17 and 18: Matagorda proposes to adopt the ERP
Page 19 and 20: The Board has determined that the p
Page 21 and 22: Vehicle permits may not be moved fr
Page 23 and 24: DIVISION 3. DIVISION FOR EARLY CHIL
Page 25 and 26: As a result of the four-year rule r
Page 27 and 28: 40 TAC §§106.1485, 106.1487, 106.
Page 29 and 30: (20) Referral--A child who has been
Page 31 and 32: The BCVDD Program pays for restorat
Page 33 and 34: the value of all goods sold and ser
Page 35 and 36: SUBCHAPTER B. PROCEDURAL SAFEGUARDS
Page 37 and 38: TITLE 1. ADMINISTRATION PART 15. TE
Page 39 and 40: To qualify for an exemption from Gr
Page 41 and 42: to the administration of assessment
Page 43 and 44: ing the applicant from the examinat
Page 45 and 46: commenters oppose the proposed lang
Page 47: oard to retake the examination a fo
Page 51 and 52: Response: The board agrees and has
Page 53 and 54: (1) Marriage and couples therapy wh
Page 55 and 56: Michael Miller Chair Texas State Bo
Page 57 and 58: This agency hereby certifies that t
Page 59 and 60: (g) Release from Probation. (1) If
Page 61 and 62: Response: The commission agrees and
Page 63 and 64: (8) Dog--Any domestic dog, excludin
Page 65 and 66: (4) The local rabies control author
Page 67 and 68: dent Prevention Services. The Divis
Page 69 and 70: guidance on which specific elements
Page 71 and 72: sion and insurance company as to th
Page 73 and 74: eady solicited by the Division in i
Page 75 and 76: An insurance company has the author
Page 77 and 78: assessment of the worksite, reviews
Page 79 and 80: file with the division an annual re
Page 81 and 82: Dirk Johnson General Counsel Texas
Page 83 and 84: County Erosion Response Plan (ERP),
Page 85 and 86: Larry Laine Chief Clerk, Deputy Lan
Page 87 and 88: without an operator. Those items li
Page 89 and 90: TABLES AND GRAPHICS March 22, 2013
Page 91 and 92: TABLES AND GRAPHICS March 22, 2013
Page 93 and 94: call center and related services, o
Page 95 and 96: failing to submit to the TCEQ by Ju
Page 97 and 98: ing to maintain UST records and mak
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an actual or potential contaminatio
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Information concerning any aspect o
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An agreed order was entered regardi
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A default and shutdown order was en
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Notice issued March 6, 2013. APPLIC
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Glen F. Fuller, Plumbers PAC, 11501
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The Health and Human Services Commi
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TRD-201301021 Lisa Hernandez Genera
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E. Serial Number - A unique 14 (fou
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the Ticket, the Executive Director
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NUMBERS Play Symbols to any of the
Page 121 and 122:
A. The actual number of Tickets in
Page 123 and 124:
The term of this contract was for t
Page 125:
How to Use the Texas Register Infor
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March 22 issue (all sections) - Texas Secretary of State

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