Comment: Concerning §781.404(b)(12)(C), two commenters recommended modification of the proposed language for calculation of minimum requirements for supervised experience for licensure in terms of averages of hours per month as opposed to actual hours per month to allow for normal variation in people's work and supervision schedules.

Response: The board agrees and inserted "on average" in two places.

Comment: Concerning §781.418(a)(1), one commenter supports the proposed language.

Response: The board agrees.

Comment: Concerning introduction of a new rule in Subchapter E, License Renewal and Continuing Education, related to continuing education requirements, one commenter recommended creation of a new rule related to specifying a minimum requirement for the number of continuing education hours that must be obtained in face-to-face contact versus online contact.

Response: The board disagrees that introduction of a new rule is required at this time but will consider this issue in the future. No change was made as a result of the comment.

Comment: Concerning §781.511(c), one commenter suggested adding law as an automatically approved field of practice for continuing education providers, and one commenter opposed including law as an automatically approved field of practice for continuing education, instead recommending approval through §781.513.

Response: The board agreed and added both law and professional counseling as entities that receive automatic approval as providers to the subsection.

Comment: Concerning §781.516, one commenter opposes the board's language related to the requirement that licensees must take a course that is approved by the board in order to become a board approved supervisor. The recommendation for modification was to substitute language that the licensee "must have demonstrated competency in supervision acceptable to the board" and to allow alternative minimum requirements.

Response: The board disagrees with the modifications. No change was made as a result of the comment.

Comment: Concerning §781.602(b), one commenter identified a typographical error, namely that "he" should be "the."

Response: The board agrees and made this correction.

Comment: Concerning §781.603(e), one commenter recommended that the board should modify the language of the rule to include an absolute statute of limitations on the time period within which a complaint must be filed, instead of the current and proposed language that includes a provision that the board may waive the current time limitations in cases of egregious acts or continuing threats to public health or safety.

Response: The board disagrees. No change was made as a result of the comment.

Comment: Concerning §781.603(h), one commenter recommended including the language that had been included in the first draft of rules related to a new provision in which the executive director may close complaints that are non-jurisdictional, subject to subsequent review by the Ethics Committee.

Response: The board agrees and inserted the relevant language and deleted the outdated language.

Comment: Concerning §781.603(p), one commenter requested changes to the rule and process by which respondents are afforded the opportunity to access information related to the complaint against them, and more specifically related to allowing respondents the opportunity to review the allegations/findings contained in the investigation report prior to the Ethics Committee meeting to allow respondents opportunity to know the exact allegations against them.

Response: The board agrees in part and inserted, "If the investigation produces evidence of possible violations not described in the complaint, a separate complaint will be opened regarding such alleged violations. Notice will be given to the licensee that the new complaint will be heard at a subsequent meeting of the Ethics Committee. The committee may proceed with the action regarding the original complaint." The board deleted "The committee may take action based on the complaint allegations or any actions uncovered during the investigation."

Comment: Concerning §781.806(1)(E), one commenter requested clarification about how this rule relates to temporary relocations and the definition of "domicile."

Response: The board agrees in part and deleted "residency or" in connection with probation of licensees.

Comment: Concerning §781.806(2)(G), one commenter recommended replacing "disability" with "medical condition."

Response: The board disagrees and made no change at this time.

Comment: Concerning §781.806(2)(H), two commenters recommended replacing "disability" with "medical condition."

Response: The board agrees in part and deleted "or disability" and inserted "physical illness or."

Comment: Concerning §781.808, regarding authorization for the board to recognize peer assistance programs, two commenters supported this inclusion.

Response: The board agrees.

Comment: Concerning §781.808(g), one commenter recommended modified language.

Response: The board agrees and added "within 30 days."

STATUTORY AUTHORITY

The repeals are authorized by the Texas Occupations Code, §505.201, which authorizes the board to adopt rules necessary for the performance of its duties; and Texas Occupations Code, §502.203, which authorizes the board to set fees reasonable and necessary to cover the costs of administering this chapter; and Texas Occupations Code, Chapter 53, concerning criminal history evaluation. Review of the sections implements Government Code, §2001.039.