| (G) In accordance with Occupations Code, §55.004(c),
the executive director may waive any prerequisite to obtaining a license
after reviewing the applicant's credentials and determining that the
applicant holds a license issued by another jurisdiction that has
licensing requirements substantially equivalent to those of this state.
(H) A military spouse who within the five years preceding
the application date held the license in this state that expired while
the applicant lived in another state for at least six months is qualified
for licensure based on the previously held license, if there are no
unresolved complaints against the applicant and if there is no other
bar to licensure, such as criminal background or non-compliance with
a board order.
(I) If the council issues an initial license to an
applicant who is a military spouse in accordance with subparagraph
(F) of this paragraph, the council shall assess whether the applicant
has met all licensing requirements of this state by virtue of the
current license issued by another jurisdiction. The council shall
provide this assessment in writing to the applicant at the time the
license is issued. If the applicant has not met all licensing requirements
of this state, the applicant must provide proof of completion at the
time of the first application for license renewal. A license shall
not be renewed, shall be allowed to expire, and shall become ineffective
if the applicant does not provide proof of completion at the time
of the first application for licensure renewal.
(J) If a licensee fails to renew his or her license
because the licensee is called to or is on active duty with the armed
forces of the United States serving outside of the State of Texas,
the licensee or the licensee's designated representative may request
that the license be declared inactive or be renewed. A "designated
representative" is a person authorized in writing by the licensee
to act on behalf of the licensee. A copy of the written designation
must be provided to the council. A request for inactive status shall
be made in writing to the council prior to expiration of the license
or within one year from the expiration date. A request for renewal
may be made before or after the expiration date.
(i) A written request shall include a copy of the official
transfer orders of the licensee or other official military documentation
showing that the licensee is called to or on active duty serving outside
of the State of Texas.
(ii) The payment of the inactive status fee, late renewal
fee and licensure renewal penalty fee is waived for a licensee under
this section.
(iii) An active duty licensee shall be allowed to renew
under this section without submitting proof of continuing education
hours.
(iv) The written request shall include a current address
and telephone number for the licensee or the licensee's designated
representative.
(v) The council may periodically notify the licensee
or the licensee's designated representative that the license of the
licensee remains in inactive status.
(vi) If a licensee is a civilian impacted or displaced
for business purposes outside of the State of Texas due to a national
emergency or war, the licensee or the licensee's designated representative
may request that the license be declared inactive in the same manner
as described in this section for military personnel. The written request
shall include an explanation of how the licensee is impacted or displaced,
which explanation shall be on the official letterhead of the licensee's
business. The requirements of this section relating to renewal by
active duty licensees shall not apply to a civilian under this paragraph.
(7) Specialized Competencies. Licensed Sex Offender
Treatment Providers with specialized competencies in the assessment
and treatment of juveniles with sexual problems, female sex offenders,
and/or developmentally delayed sex offenders may have those competencies
documented by the council, provided the following criteria is met:
(A) possess at least 250 documented and verified hours
experience with each population in the assessment and treatment of
juveniles who commit sexual offenses, female sex offenders, and/or
developmentally delayed sex offenders; these hours may be part of
the original training and experience hours required for the new application
and original CE requirements up to 7 years prior;
(B) possess a minimum of 24 hours of documented continuing
education training with each population in the assessment and treatment
of juveniles who commit sexual offenses, female sex offenders, developmentally
delayed sex offenders; and/or deregistration evaluation specialist
these hours may be part of the original training and experience hours
required for the original certification;
(C) possess a minimum of 3 hours of documented continuing
education training with each population in the assessment and treatment
of juveniles who commit sexual offenses, female sex offenders, and/or
developmentally delayed sex offenders for renewal of the specialized
competencies; and
(D) pay a biennial fee for each specialty as defined
in §810.5(f) of this title.
(8) Supervision. All ASOTPs providing sex offender
assessment and treatment shall be supervised. Supervision will include
the following:
(A) An ASOTP providing sex offender assessment and
treatment is required to be under the supervision of a LSOTP supervisor
approved by the council. The ASOTP shall provide a copy of supervision
documentation to the council.
(B) An LSOTP that has not been a supervisor approved
by the council prior to the effective date of this rule shall meet
the following criteria:
(i) possess 5 years experience as an LSOTP;
(ii) sign and acknowledge the LSOTP supervisor's responsibilities
form;
(iii) submit a biennial fee as defined in §810.5(f)
of this title; and
(iv) obtain 3 hours documented continuing education
in the supervision of sex offender treatment providers or in general
supervision of other mental health professionals every 4 years.
(C) An ASOTP shall receive face-to-face supervision
at least 1 hour per 20 hours of assessment and treatment with a minimum
of 2 hours per month during any time period in which the supervisee
provides sex offender assessment and treatment. Exceptions to supervision
requirements shall be approved on a case-by-case basis by the council.
Face-to-face supervision may be conducted through audio-visual means
when distance or other factors preclude in-person meetings.
(D) The supervising LSOTP shall submit the required
documentation to the council at the time of the renewal; the documentation
shall contain the name(s) of the ASOTP(s) and hours that each has
been supervised. The supervising LSOTP shall use the form(s) provided
by the council.
(9) License Certificates. Upon completion of the application
or renewal process, licensees shall receive an official certificate
and renewal cards from the council. As set forth in §810.5(i)
of this title, duplicate certificates may be obtained for a nominal
fee.
(A) The council shall prepare and provide to each licensee
a certificate and renewal cards which contain the licensee's name
and certificate number.
(B) A license certificate(s) or renewal card(s) issued
by the council remains the property of the council and shall be surrendered
to the council upon demand.
(C) The address and telephone number of the council
shall be displayed at all locations where sex offender assessment
and treatment is conducted and/or the licensee shall provide a copy
to the client on initial intake for the purpose of directing complaints
against the licensee to the council.
(10) Application processing. The council shall comply
with the following procedures in processing applications for a license.
(A) The following times shall apply from a completed
application receipt and acceptance date for filing, or until the date
a written notice is issued stating the application is deficient and
additional specific information is required. A written notice of application
approval may be sent instead of the notice of acceptance of a complete
application. The times are as follows:
(i) letter of acceptance of application for licensure--30
days;
(ii) letter of acceptance of application for renewal--30
days; and
(iii) letter of initial application deficiency--30
days.
(B) The following times shall apply from the receipt
of the last item necessary to complete the application until the date
of issuance of written notice approving or denying the application.
The times for denial include notification of the proposed decision
and of the opportunity, if required, to show compliance with the law
and of the opportunity for a formal hearing. The times are as follows:
(i) approval of application--42 days; and
(ii) letter of denial of licensure--90 days.
(11) Refund processing. The council shall comply with
the following procedures in processing refunds of fees paid to the
council. In the event an application is not processed in the times
stated in paragraph (10)(A) - (B) of this subsection.
(A) An applicant has the right to request reimbursement
of all fees paid in that particular application process. Application
for reimbursement shall be made to the executive director. If the
executive director does not agree that the time has been violated
or finds that good cause existed for exceeding the time, the request
shall be denied.
(B) If the executive director denies a request for
reimbursement under subparagraph (A) of this paragraph the applicant
may appeal to the council for a timely resolution of any dispute arising
from a violation of the processing times.
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| Source Note: The provisions of this §810.3 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748 |
