| (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.
Cont'd... |
