Amendments to §801.236 implement recommendations of the Texas Sunset Commission to standardize conditions for inactive licensees and clarify how licensee may request inactive status and remove the limit of 24 months of inactive status in subsection (a); in subsection (b) a licensee cannot practice while the license is inactive; impose forfeiture of supervisory status with inactive status in subsection (c); inactive licenses remain subject to disciplinary action in subsection (d); in subsection (e) no continuing education is required while license is inactive; steps for converting from inactive to active status are set in subsection (f), including proof of jurisprudence exam no more than six months before the date request for status change is received and proof of completion of required continuing education for current renewal period; subsection (g) states neither continuing education nor fees will be prorated; and subsection (h) requires a licensee to reapply and meet all current requirements to regain supervisor status.

Amendments to §801.237 include non-substantive changes.

The following are proposed changes concerning Subchapter K. Continuing Education Requirements.

Amendments to §801.262 include non-substantive changes.

Amendments to §801.263 include non-substantive changes.

Amendments to §801.264 simplify the types of acceptable continuing education, requiring providers: to ensure the education is directly related to the practice of marriage and family therapy in subsection (1); to confirm presenters have the necessary experience and knowledge of the topic in subsection (2); to verify attendance and provide proof of completion in subsection (3); to collect participants' evaluation in subsection (4); and to maintain records at least three years in subsection (5). Some categories of acceptable continuing education are repealed and some are moved to §801.266 related to Determination of Clock Hour Credits and Credit Hours Granted. The limit of 12 hours by non-interactive study is repealed along with credit attending an ethics committee meeting. Credit for completing the jurisprudence exam is moved to §801.266.

The repeal of §801.265 regarding Continuing Education Sponsor is proposed to comport with changes proposed to §801.264.

Amendments to §801.266 credit continuing education activities on a one-for-one basis with one credit hour for each clock hour spent in the continuing education activity, except that in subsection (1) completion of the jurisprudence exam once per renewal period may count for one hour of the ethics requirement; credit for passing graduate coursework is removed and subsections are renumbered; hours spent providing clinical supervision may count for no more than one-half of the renewal period's continuing education requirement is subsection (2); in subsection (3) a presenter may earn 1.5 hours for each approved hour of continuing education presented, not to exceed one-half of the renewal period's continuing education requirement and the same topic may not be used more than once biennially; an author of a book or peer reviewed article that enhances a licensee's marriage and family therapy knowledge or skill may claim credit not to exceed one-half of the renewal period's continuing education requirement.

The repeal of §801.267 regarding Determination of Clock Hour Credits is proposed to remove redundant language which is now proposed in §801.266.

Amendments to §801.268 include non-substantive changes.

The following are proposed changes concerning Subchapter L. Complaints and Violations.

Amendments to §801.291 include non-substantive changes.

Amendments to §801.292 include non-substantive changes.

Amendments to §801.293 include non-substantive changes.

Amendments to §801.294 include non-substantive changes.

No changes to §801.295.

Amendments to §801.296 simplify Complaint Procedures and implement recommendations made by the Texas Sunset Advisory Commission, employing appropriate penalty matrices in subsection (k); and allowing staff to dismiss baseless and nonjurisdictional complaints in subsection (l).

Amendments to §801.297 in subsections (c) and (d) conform to changes proposed in §801.296 (related to Complaint Procedures); in subsection (f) clarify that a licensee on probation must submit proof or required notification within 30 days of moving to another jurisdiction and within 30 days after the date the probationary order takes effect a licensee must submit proof of required notification to the principle(s) of each practice location; also in subsection (f) remove confusing language to clarify that a supervisor who becomes subject to a disciplinary order is no longer an approved supervisor per §801.143(l); reorganize provisions regarding board-ordered supervision under subsection (g) and provisions concerning release from probation in subsection (h); also in subsection (h) conform to changes proposed in §801.296 (related to Complaint Procedures). Non-substantive changes were also made to this section.

Amendments to §801.298 include non-substantive changes.

Amendments to §801.299 move language regarding administrative penalty from §801.302 to subsection (a); remove unnecessary provisions that repeat statute and redesignate subsections (b) through (d); and move provisions regarding severity level and sanction guide to §801.302 as referenced in subsection (d). Non-substantive changes were also made to this section.

Amendments to §801.300 include non-substantive changes.

No changes to §801.301.

Amendments to §801.302 incorporate language regarding administrative penalty amounts for each severity level from §801.299 to subsections (1) through (3); remove statement in subsection (1) regarding regaining licensure after revocation of license because it appears to conflict with Texas Occupations Code, Sec. 502.252(b)(8) related to qualifications for licensure. Non-substantive changes were also made to this section.

Amendments to §801.303 conform to changes proposed in §801.296 (related to Complaint Procedures). Non-substantive changes were also made to this section.

New §801.304 introduces reciprocal discipline: in subsection (a) Staff opens a complaint upon receipt of a report of disciplinary action imposed by another health licensing board in this state or any other jurisdiction; subsection (b) provides that the disciplinary action imposed is the action applicable to the same conduct or rule violation under board rules; and subsection (c) provides that a voluntary surrender of a license in lieu of disciplinary action or during an investigation by another health licensing board in this state or any other jurisdiction constitutes disciplinary action under this rule. Staff opens a complaint and the disciplinary action imposed is the disciplinary action applicable under board rules to the alleged conduct as if proved.

The following are proposed changes concerning Subchapter M. Licensing of Persons with Criminal Backgrounds.

Amendments to §801.331 include non-substantive changes.

Amendments to §801.332 include non-substantive changes.

The following are proposed changes concerning Subchapter N, including changing the subchapter heading to Informal Settlement Conference.

Amendments to §801.351 conform to changes proposed in §801.296 (related to Complaint Procedures); remove language regarding ethics committee's or executive director's discretion to hold a conference and redesignate subsections (b) through (q); reorganize and simplify provisions regarding notice of the informal settlement conference in subsection (c); also in subsection (c), incorporate language from §801.362 to eliminate redundancy; reorder subsections (e), (g), (i), (j), and (l) for more logical flow; and consolidate provisions regarding respondent's acceptance of rejection of settlement recommendations in subsection (o). Non-substantive changes were also made to this section.

The following are proposed changes concerning Subchapter O. Formal Hearings.

Amendments to §801.362 remove redundant language subsection (b) - see §801.351(c); and redesignate subsection (b). Non-substantive changes were also made to this section.

Amendments to §801.363 include non-substantive changes.

Amendments to §801.364 include non-substantive changes.

FISCAL NOTE

The board has determined that for each year of the first five years that the sections will be in effect, there will be no fiscal implications to state or local governments as a result of enforcing and administering the sections as proposed.

GOVERNMENT GROWTH IMPACT STATEMENT

The board has determined that during the first five years that these provisions will be in effect, the proposed rules neither create or nor eliminate a government program; implementation of the proposed rules requires neither the creation of new employee positions nor the elimination of existing employee positions; implementation of the proposed rules require neither an increase nor decrease in future legislative appropriations to the agency; the proposed rules require a decrease in fees paid to the agency; the proposed rules does not create a new rule; the proposed rules neither expand, limit, nor repeal an existing regulation; the proposed rules neither increase nor decrease the number of individuals subject to the rule's applicability; and the proposed rules neither positively nor adversely affect this state's economy.

SMALL AND MICRO-BUSINESS ECONOMIC IMPACT ANALYSIS

The board has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the sections as proposed. This was determined by interpretation of the rules that small businesses, micro-businesses, and rural communities will not be required to alter their business practices in order to comply with the sections.

ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT

There are no anticipated economic costs to persons who are required to comply with the sections as proposed. The proposal will not affect a local economy. There is no anticipated negative impact on local employment.

COSTS TO REGULATED PERSONS

Texas Government Code, §2001.0045 does not apply to these proposed rules because these rules are necessary to protect the health, safety, and welfare of the residents of Texas.

PUBLIC BENEFIT

In addition, the board has determined that for each year of the first five years the sections are in effect, the public will benefit from adoption of the sections. The public benefit anticipated as a result of enforcing or administering the sections is continued assurance of public health and safety through the effective licensing and regulation of marriage and family therapists. Finally, the restructuring of many of the rules should improve comprehension, resulting in fewer legal costs to the state and mental health care providers.

REGULATORY ANALYSIS

The board has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is specifically intended to protect the environment or reduce risks to human health from environmental exposure.

TAKINGS IMPACT ASSESSMENT

Board staff has determined that the proposed rules do not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, do not constitute a taking under Texas Government Code, §2007.043.

PUBLIC COMMENT

Comments on the proposed rules may be submitted to Sarah Faszholz, Interim Executive Director, Texas State Board of Examiners of Marriage and Family Therapists, Mail Code 1982, P.O. Box 149347, Austin, Texas 78714-9347 or by email to mft@hhsc.state.tx.us. When emailing comments, please indicate "Comments on Proposed Rules" in the subject line. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments and new sections are sanctioned by the following sections of the Texas Occupations Code, which authorize the board to adopt rules: §502.152, to establish the board's procedures; §502.153, to set fees reasonable and necessary to cover the costs of administering this chapter; §502.1565, to comply with Chapter 53, Consequences of Criminal Conviction; §502.158, to standardize information concerning complaints made to the board; §502.202, to establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board; §502.204, concerning the investigation of a complaint filed with the board; §502.2541, to administer a jurisprudence examination; §502.2545, to administer a waiver of examination for certain applicants; and §502.258, to provide for the issuance of a temporary license.

The amendments and new sections affect Texas Occupations Code, Chapter 502.