The Texas State Board of Examiners of Psychologists adopts new rule §465.2, Supervision, with changes to the proposed text as published in the December 25, 2015, issue of the Texas Register (40 TexReg 9453). The rule will be republished.

The new rule is being adopted to ensure the protection and safety of the public.

The new rule as adopted reflects a collaborative effort by the Board and its stakeholders to align the rules governing supervision with generally acknowledged practice standards, and to consolidate the rules governing supervision into a more intuitive format. The adopted new rule also serves to provide greater protection to the public by establishing clarity and guidance in areas such as documentation of supervision, amounts of direct supervision, and the permissible number of supervisees.

General comments were received regarding the adoption of the new rule.

Comment

The comments received from Texas Association of School Psychologists (TASP) were generally supportive of the proposed changes. TASP requested clarification of proposed §465.2(b)(5), and voiced opposition to the following proposed changes: Repeals of supervision requirement for LSSPs during the first year of licensure; Requiring a supervisor's signature on all educational documents completed for students by supervisees; Requiring three years of independent practice experience within the public schools before being eligible to serve as a supervisor and Supervision rules applying to practicum students.

Response

With regard to TASP's request for clarification, it is the Board's intent, by and through the adoption of proposed §465.2(b)(5), to recognize the long-standing practice whereby students and individuals acting under the supervision of a qualified supervisor, provide supervision as part of their education and training. Such activity is already permitted under §501.004 of the Psychologists' Licensing Act, thus the proposed rule merely seeks to recognize this important training component.

With regard to the comments in opposition, the Board declines to withdraw or repeal the proposed changes. The Board is required by Texas Occupations Code Ann. §501.260 to develop and implement rules of practice that comply with nationally recognized standards for the practice of school psychology. The Board believes that the proposed changes help ensure this statutory requirement is met, while also reducing the regulatory complexity and burden on licensees. The Board also believes that requiring three years of independent practice within the public schools will ensure the competency of supervisors, adequacy of supervision, and provide a greater measure of protection for the public than the current rules provide. Lastly, the Board disagrees that the proposed rule changes will apply to practicum students. Nothing in the proposed changes operate to override or detract from the exemptions afforded in Texas Occupations Code Ann. §501.004, nor does the express text of the proposed changes impose any requirements on practicum students. Rather, the proposed changes are directed toward and will only affect those individuals who are subject to the Board's jurisdiction.

Comment

The commenter disagreed with the proposed change requiring three years of independent practice experience within the public schools before being eligible to serve as a supervisor.

Response

The Board declines to repeal the proposed change. The Board is required by Texas Occupations Code Ann. §501.260 to develop and implement rules of practice that comply with nationally recognized standards for the practice of school psychology. The Board believes that the proposed change helps ensure this statutory requirement is met, and also believes that requiring three years of independent practice within the public schools will ensure the competency of supervisors, adequacy of supervision, and provide a greater measure of protection for the public than the current rules provide.

The new rule is adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.