The Texas State Board of Examiners of Psychologist proposes new rule §463.8, Licensed Psychological Associate. The proposed new rule is necessary to give full effect to the Sunset Advisory Commission's management action requiring the agency to conduct a rule review to identify all rules susceptible to legal challenge under the Sherman and Clayton Acts, and then either modify or repeal those rules. The proposed new rule is also directly responsive to stakeholder requests for changes allowing for independent practice by psychological associates, as well as requests from legislators who have expressed more than a passing interest in the same issue.

FISCAL NOTE. Darrel D. Spinks, Executive Director of the Board, has determined that for the first five-year period the proposed new rule is in effect, there will be no additional estimated cost, reduction in costs, or loss or increase in revenue to the state or local governments as a result of enforcing or administering the rule. Additionally, Mr. Spinks has determined that enforcing or administering the rule, does not have foreseeable implications relating to the costs or revenues of state or local government.

PUBLIC BENEFIT. Mr. Spinks, has determined for the first five-year period the proposed new rule is in effect, there will be a benefit to consumers due to greater competition between licensed mental health providers. Additionally, Mr. Spinks reasonably anticipates the proposed new rule to result in an increase in the number of mental health providers licensed by this agency, as well as an increase in the number of providers servicing mental health professional shortage areas throughout the state.

PROBABLE ECONOMIC COSTS. Mr. Spinks, has determined for the first five-year period the proposed new rule is in effect, the rule will carry a probable economic cost to some individuals required to comply with the rule. More specifically, once a psychological associate qualifies for independent practice under the rule, that individual would no longer be required to pay for supervision or split his or her revenue with a supervisor. Thus, psychologists who charge for their supervision services could see a reduction in their incomes. However, this reduction may be offset, either in whole or in part, if a psychologist provides other activities or services during the time previously utilized for supervision. Because of the lack of information available as to the number of psychologists providing supervision, as well as the fees charged, the agency is unable to provide a probable cost estimate at this time. To do so would require agency staff to engage in abstract factual determinations which are not appropriate for this process.

SMALL BUSINESS AND MICRO-BUSINESS IMPACT ANALYSIS. The proposed new rule could have an adverse effect on small or micro-businesses, but the agency cannot estimate the number of businesses impacted or the economic impact for the same reasons it cannot estimate the probable economic costs associated with the new rule. Furthermore, there are no reasonable alternative methods of achieving the purpose of the proposed new rule that would not run afoul of the Sherman and Clayton Acts.

LOCAL EMPLOYMENT IMPACT STATEMENT. The proposed new rule will not affect a local economy, thus a local employment impact statement is not required.

PUBLIC COMMENT. Comments on the proposed new rule may be submitted to Brenda Skiff, Public Information Officer, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Ste. 2-450, Austin, Texas 78701, within 30 days of publication of this proposal in the Texas Register. Comments may also be submitted via fax to (512) 305-7701, or via email to Open.Records@tsbep.texas.gov.

The Board specifically invites comments from the public on the issues of whether or not the proposed new rule will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted, finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See §2006.002(c) and (c-1) of the Texas Government Code.

STATUTORY AUTHORITY. The new rule is proposed 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.

No other code, articles or statutes are affected by this section.