The Texas State Board of Examiners of Professional Counselors (board) adopts amendments to §§681.2, 681.31, 681.41, 681.52, 681.92, 681.93, 681.114, 681.161, and 681.171, concerning the licensing and regulation of professional counselors. Sections 681.2, 681.41, and 681.114 are adopted with changes to the proposed text as published in the July 11, 2014, issue of the Texas Register (39 TexReg 5280). Sections 681.31, 681.52, 681.92, 681.93, 681.161, and 681.171 are adopted without changes, and the sections will not be republished.

BACKGROUND AND PURPOSE

The amendments are adopted to specify new methods of counseling, requirements associated with the new counseling methods, limitations on Licensed Professional Counselor (LPC) Interns and the acceptance of post graduate supervised experience hours. The amendments specify responsibilities of a board approved supervisor; the amendments also set forth licensing procedures required under Occupations Code, Chapter 55 for licensing military service members, military veterans and military spouses. The amendments specify the procedure for processing a complaint filed against and LPC. Finally, the amendments ensure that the rules are updated to reflect current legal, policy, and operational considerations; to improve draftsmanship; and to make the rules more accessible, understandable, and usable.

SECTION-BY-SECTION SUMMARY

The following amendment is adopted concerning Subchapter A (relating to The Board).

The definition of "distance counseling" is revised in §681.2 to define how counseling can be conducted if the counselor and client are not in the same location when the counseling is provided.

The following amendment is adopted concerning Subchapter B (relating to Authorized Counseling Methods and Practices).

Section 681.31 adds the term marriage/couples counseling to the approved modalities used by a licensed counselor.

The following amendments are adopted concerning Subchapter C (relating to Code of Ethics).

Section 681.41 is amended to allow technological means of communication as a permitted type of counseling, provided certain conditions are met in most cases.

Amendments to §681.52(e) preclude an LPC Intern from holding oneself out as being in independent practice; this limitation applies but is not limited to websites, advertisements, or intake documents.

The following amendment is adopted concerning Subchapter F (relating to Experience Requirements for Licensure).

Amendments to §681.92 prohibit the acceptance of post graduate supervised experience hours earned with a previous temporary license if those hours were earned over 5 years ago.

Section 681.93 is amended to specify the responsibility of the board approved supervisor to ensure the supervised hours of the LPC Intern are earned in accordance with board rules.

The following amendments are adopted concerning Subchapter H (relating to Licensing).

Section 681.114 is amended to reflect the implementation of Senate Bill 1733, 82nd Legislature, 2011, Regular Session, Senate Bill 162 and House Bill 2254 of the 83rd Legislature, Regular Session, 2013, which amended Occupations Code, Chapter 55, relating to Licensing of Military Service Members, Military Veterans, and Military Spouses.

The following amendments are adopted concerning Subchapter K (relating to Complaints and Violations).

Amendments to §681.161 expand the complaint procedure and resulting process of handling the complaint.

Section 681.171 is amended to remove the reference to the Act (Texas Occupations Code), Chapter 503, Subchapter K, in order to provide the board with more flexibility regarding administrative penalties.

COMMENTS

The board received many comments to the proposed rules and prepared responses to the comments received. There were 28 commenters included multiple individuals and the following associations, organizations and universities including the Texas Counseling Association, and the Texas Association for Counselor Education and Supervision. Commenters were generally in favor of the rules; however, some commenters suggested recommendations for change as discussed in the summary of comments.

COMMENT: There were 28 commenters, including the Texas Counseling Association, Texas Association for Counselor Education and Supervision and multiple individuals, opposing the definition of distance counseling which requires that the counselor and client be within the State of Texas.

RESPONSE: The board agrees and amended §681.2(10) to require that the client be a resident of or within the State of Texas and the counselor be licensed in the State of Texas.

COMMENT: There were 28 commenters, including the Texas Counseling Association, Texas Association for Counselor Education and Supervision and multiple individuals, opposing the recommendation that an LPC have a face to face session with a client before beginning a distance counseling relationship; these commenters also opposed the requirement that the counselor and client be within the borders of Texas at the time the counseling session is conducted.

RESPONSE: The board agrees in part, and §681.41(g) was revised and now allows technological means of communication as long as all rules of the board are followed.

COMMENT: A commenter stated that §681.114(f) needs to be revised to correct a grammatical statement.

RESPONSE: The rule was revised to state that "The board shall issue a license..." instead of "The license issue a license...".

COMMENT: There were 3 commenters opposing the requirement that the Executive Director request the entire client file when a complaint is filed against a licensee.

RESPONSE: The board disagrees. The board feels that in order to determine if a rule or statutory violation occurred, the complaints committee members need all documentation in the client file for review by the committee. No changes were made to §681.161 as a result of these comments.

STATUTORY AUTHORITY

The amendment is authorized by Occupations Code, §503.203, which authorizes the board to adopt rules necessary for the performance of the board's duties.