| (a) A person shall not provide sex offender treatment
or act as a sex offender treatment provider unless the person is licensed
by the council. A person may not claim to be a sex offender treatment
provider or use the title or an abbreviation that implies the person
is a sex offender treatment provider unless the person is licensed
under this chapter.
(b) The council shall maintain a list of licensees
who meet the council's licensure criteria to assess and treat adult
sex offenders and/or juveniles who commit sexual offenses. The council
shall recognize the experience and training of treatment providers
in the following licensure categories: "Licensed Sex Offender Treatment
Provider" and "Affiliate Sex Offender Treatment Provider."
(c) Sex offender treatment does not include general
rehabilitation or clinical services provided in a criminal justice
or juvenile justice institution as a part of the mainstream adjunct
treatment programs.
(1) Licensed Sex Offender Treatment Provider (LSOTP).
To be eligible as a LSOTP, the applicant shall meet all of the following
criteria:
(A) hold a mental health or medical license in Texas.
The mental health or medical license status shall be current and active;
(B) experience and training required as listed in clauses
(i) - (ii) of this subparagraph:
(i) possess a minimum of 1000 documented and verified
hours of clinical experience while under the supervision of a council
approved supervisor in the areas of assessment and treatment of sex
offenders, obtained within the past 7-year period, and provide 1 reference
letter from a licensed sex offender treatment provider who has actual
knowledge of the applicant's clinical work in sex offender assessment
and treatment; and
(ii) submit proof of completion of a minimum of 40
hours of documented continuing education training obtained within
3 years prior to the application date, in the specific area of sex
offender assessment and treatment. Online hours are not acceptable.
Of the initial 40 hours training required, 30 hours shall be in the
specific area of sex offender assessment and treatment. Ten hours
shall be in sexual assault victim related training;
(C) submit a complete and accurate description of the
applicant's treatment program on a form provided by the council;
(D) persons making initial application or renewing
their eligibility for licensure shall adhere to Subchapter C, Standards
of Practice and Subchapter D, Code of Professional Ethics and shall
comply with the following requirements:
(i) not have been convicted and/or adjudicated of any
felony, or of any misdemeanor involving a sex offense or sexually
motivated offense, nor have received deferred adjudication for a sex
offense, and/or required to register as a sex offender under Texas
Code of Criminal Procedure, Chapter 62;
(ii) not have had licensure revoked or canceled by
any professional licensing body;
(iii) submit to a criminal history background check.
An applicant shall be required to submit a complete set of fingerprints
on the card provided by the council with the application documents,
or other information necessary to conduct a criminal history background
check to be submitted to the Texas Department of Public Safety or
to another law enforcement agency unless exempt under this section.
Fingerprints shall be taken by a peace officer or a person authorized
by the council and shall be placed on a form prescribed by the Texas
Department of Public Safety; and
(iv) not have violated the Act or any rule adopted
by the council;
(E) submit an application fee as defined in §810.5
of this title (relating to Fees);
(F) submit a copy of his or her mental health or medical
license, as set out in subparagraph (A) of this paragraph, and indicated
that the applicant's license is current and in good standing;
(G) sign the application form(s) and attest to the
accuracy of the application information; and
(H) complete the process within 90 days of the application's
receipt in the council office.
(2) Affiliate Sex Offender Treatment Provider (ASOTP).
To be eligible as an ASOTP, the applicant shall meet all of the following
criteria:
(A) hold a mental health or medical license. The mental
or medical health license status shall be current and active; and
(B) supervised by a LSOTP in accordance with paragraph
(8)(A) - (D) of this section until LSOTP status is obtained and submit
a copy of the LSOTP supervisor's license, and indicated that the applicant
is current and in good standing.
(C) submit a complete and accurate description of the
applicant's treatment program on a form provided by the council;
(D) comply with paragraph (1)(D)(i) - (iv) of this
subsection;
(E) persons making initial application or renewing
their eligibility for licensure shall adhere to Subchapter C, Standards
of Practice and adhere to Subchapter D, Code of Professional Ethics
to the extent the adherence does not conflict with other laws;
(F) submit an application fee defined in §810.5
of this title;
(G) submit a copy of the applicant's medical or mental
health license as set out in subparagraph (A) of this paragraph, indicating
the applicant is current and in good standing;
(H) sign the application form(s) and attest to the
accuracy of the application information; and
(I) complete the process within 90 days of the application's
receipt in the council office.
(J) After completing the required documented clinical
and continuing education hours, the ASOTP may be upgraded to the LSOTP
based on the number of completed hours and depending upon the status
of the licensee's medical or mental health license.
(3) Licensing Out-of-State Applicants/Reciprocity.
The council may waive any prerequisite to licensing for an application
after either:
(A) receiving the applicant's credentials and determining
that the applicant holds a valid sex offender treatment license from
another state that has license requirements substantially equivalent
to those of this state; or
(B) determining, on a case by case basis, that the
applicant possesses comparable training and experience in the assessment
and treatment of sex offenders.
(4) Request for Criminal History Evaluation Letter.
(A) In accordance with Occupations Code, §53.102,
a person may request the council to issue a criminal history evaluation
letter regarding the person's eligibility for a license if the person:
(i) is enrolled or planning to enroll in an educational
program that prepares a person for an initial license or is planning
to take an examination for an initial license; and
(ii) has reason to believe that the person is ineligible
for the license due to a conviction for a felony or misdemeanor offense.
(B) A person making a request for issuance of a criminal
history evaluation letter shall submit the request on a form prescribed
by the council, accompanied by the criminal history evaluation letter
fee and the required supporting documentation, as described on the
form. The request shall state the basis for the person's potential
ineligibility.
(C) The council has the same authority to investigate
a request submitted under this section and the requestor's eligibility
that the council has to investigate a person applying for a license.
(D) If the council determines that a ground for ineligibility
does not exist, the council shall notify the requestor in writing
of the determination. The notice shall be issued not later than the
90th day after the date the council received the request form, the
criminal history evaluation letter fee, and any supporting documentation
as described in the request form.
(E) If the council determines that the requestor is
ineligible for a license, the council shall issue a letter setting
out each basis for potential ineligibility and the council's determination
as to eligibility. The letter shall be issued not later than the 90th
day after the date the council received the request form, the criminal
history evaluation fee, and any supporting documentation as described
in the request form. In the absence of new evidence known to but not
disclosed by the requestor or not reasonably available to the council
at the time the letter is issued, the board's ruling on the request
determines the requestor's eligibility with respect to the grounds
for potential ineligibility set out in the letter.
(5) Inactive Status.
(A) A licensee may place his or her license on inactive
status by submitting a written request prior to the expiration of
the license along with the inactive fee to the council. Inactive status
periods shall be granted only to persons whose licenses are current
or whose licenses have been expired for less than 1 year.
(B) An inactive status period shall begin on the first
day of the month following payment of an inactive status fee.
(C) A person may not act as a licensee, represent himself
or herself as a licensee, or provide sex offender treatment during
the inactive status period, unless exempted by the Act.
(D) A person may remain subject to investigation and
action under §810.9 of this title (relating to Complaints, Disciplinary
Actions, Administrative Hearings, and Judicial Review) during the
period of inactive status.
(E) A person must notify the council in writing to
return to active status. Active status shall begin after receipt of
proof of successful completion of 24 hours continuing education within
the 2 years preceding reinstatement of active status and payment of
applicable fees.
(F) The person's next continuing education cycle will
begin upon return to active status and end on the day of license expiration.
(G) A person previously approved as a supervisor whose
license has been inactive for more than 2 years and who resumes active
license status may become a supervisor by again completing the supervision
requirements of the council.
(H) A person who is granted an inactive status by the
person's mental health or medical license under §810.2(a)(12)
of this title (relating to Definitions) shall be required to request
an inactive status under this section.
(I) The licensee must renew the inactive status every
2 years.
(6) Licensing of Military Service Members, Military
Veterans, and Military Spouses.
(A) This paragraph sets out licensing and renewal procedures
for military service members, military veterans, and military spouses
required under Occupations Code, Chapter 55 (relating to Licensing
of Military Service Members, Military Veterans, and Military Spouses).
For purposes of this section:
(i) "Military service member" means a person who is
currently serving in the armed forces of the United States, in a reserve
component of the armed forces of the United States, including the
National Guard, or in the state military service of any state.
(ii) "Military spouse" means a person who is married
to a military service member who is currently on active duty.
(iii) "Military veteran" means a person who has served
in the army, navy, air force, marine corps, or coast guard of the
United States, or in an auxiliary service of one of those branches
of the armed forces.
(B) An applicant shall provide documentation of the
applicant's status as a military service member, military veteran,
or military spouse. Acceptable documentation includes, but is not
limited to, copies of official documents such as military service
orders, marriage licenses, and military discharge records. The application
of a person who fails to provide documentation of his or her status
shall not be processed under the requirements of this section.
(C) Upon request, an applicant shall provide acceptable
proof of current licensure issued by another jurisdiction. Upon request,
the applicant shall provide proof that the licensing requirements
of that jurisdiction are substantially equivalent to the licensing
requirements of this state.
(D) The council's authority to require an applicant
to undergo a criminal history background check, and the timeframes
associated with that process, are not affected by the requirements
of this section.
(E) For an application for a license submitted by a
verified military service member or military veteran, the applicant
shall receive credit towards any licensing or apprenticeship requirements,
except an examination requirement, for verified military service,
training, or education that is relevant to the occupation, unless
he or she holds a restricted license issued by another jurisdiction
or if he or she has an unacceptable criminal history as described
by the Act and this chapter.
(F) An applicant who is a military spouse who holds
a current license issued by another jurisdiction that has substantially
equivalent licensing requirements shall complete and submit an application
form and fee. The council shall issue a license to a qualified applicant
who holds such a license as soon as practicable and the renewal of
the license shall be in accordance with subparagraph (I) of this paragraph.
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