Texas Register

TITLE 22 EXAMINING BOARDS
PART 41TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
CHAPTER 882APPLICATIONS AND LICENSING
SUBCHAPTER GEMERGENCY TEMPORARY LICENSE
RULE §882.70Emergency Temporary License
ISSUE 02/18/2022
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)The Council shall issue an emergency temporary license to practice marriage and family therapy, professional counseling, psychology, or social work if:

  (1)the Governor declares a disaster under §418.014 and issues a proclamation in accordance with Government Code §418.016 suspending regulatory statutes and rules which would prevent, hinder, or delay necessary action in coping with the declared disaster;

  (2)the Executive Director determines that enacting these emergency licensing provisions are necessary in that disaster area; and

  (3)the applicant meets the requirements set forth herein below.

(b)An emergency temporary license issued pursuant to this rule will expire upon termination of the suspension or state of disaster, whichever occurs first.

(c)An emergency temporary license issued pursuant to this rule is valid only for the practice of marriage and family therapy, professional counseling, psychology, or social work within the disaster area designated by the governor.

(d)To be eligible for an emergency temporary license, an applicant must:

  (1)submit an application in the form prescribed by the Council; and

  (2)submit written verification that the applicant is actively licensed, certified, or registered to practice, marriage and family therapy, professional counseling, psychology, or social work in another jurisdiction and that the licensure, certification, or registration is in good standing.

(e)For purposes of subsection (d) of this section, the term "good standing" means there is not current disciplinary action on the out-of-state license, certification, or registration.

(f)An individual practicing under an emergency temporary license must:

  (1)display a copy of the emergency temporary license in a conspicuous location when delivering services, or provide written notification of the license number and instructions on how to verify the status of a license when initiating services with a patient or client;

  (2)provide notification to the public and the patient or client regarding how a complaint may be filed with the Council; and

  (3)comply with all other applicable Council rules.

(g)There is no fee associated with the application or issuance of an emergency temporary license.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2022

TRD-202200400

Darrel D. Spinks

Executive Director

Texas Behavioral Health Executive Council

Effective date: February 27, 2022

Proposal publication date: October 1, 2021

For further information, please call: (512) 305-7706



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