(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 [thirty (30) days after issuance or]
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 emergency temporary license
may be renewed in thirty (30) day increments if the disaster declaration
has not expired or been terminated. To renew a license, an individual
must submit a renewal application on a board-approved form on or before
the license expiration date.]
(f)[(g)] 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)[(h)] There is no fee associated
with the application[,] or issuance[, or
renewal] of an emergency temporary license.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on September 16, 2021
TRD-202103684 Darrel D. Spinks
Executive Director
Texas Behavioral Health Executive Council
Earliest possible date of adoption: October 31, 2021
For further information, please call: (512)
305-7706
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