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(a)A person who seeks to file a complaint alleging
a statutory or rule violation arising out of or related to court ordered
therapy or parenting facilitator services must, in addition to submitting
a Council-approved complaint form, comply with the requirements of
this rule when filing a complaint.
(b)A complaint may not be filed while the licensee
is under appointment to provide therapy or parenting facilitator services.
A complaint received by the Council while the licensee is appointed
will be dismissed by staff as premature but may be resubmitted as
a new complaint after the appointment is concluded or terminated.
(c)A complaint will be considered timely filed if
brought within the time period specified by the general rule governing
timeliness of complaints or within one year of the appointment being
concluded or terminated, whichever is greater.
(d)A complaint must include each of the following:
(1)Documentation reflecting the licensee's appointment
in the case. A copy of a court order, docket sheet, or transcript
from the proceedings or a letter from an attorney involved in the
case will meet the requirements of this rule;
(2)a copy of any documents provided by the licensee
describing the costs, nature, or limitations of the services to be
provided, or a statement that no such documents were provided;
(3)an attestation that the licensee's appointment
in the case has been concluded or terminated. A letter from an attorney
involved in the case will also meet the requirements of this rule.
(e)A complaint that does not substantially comply
with subsection (d) of this section shall be dismissed by agency staff.
A complaint may be held open for no more than 30 days following notice
to the complainant regarding any such deficiency, after which, agency
staff shall dismiss the complaint if the deficiency is not cured.
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-202103685 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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