The Texas State Board of Examiners of Psychologists adopts an amendment to rule §463.27, Temporary License for Persons Licensed in Other States, without changes to the proposed text as published in the September 14, 2018, issue of the Texas Register (43 TexReg 5914). The amended rule will not be republished.

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

The amendment as adopted is necessary to ensure that only actively licensed individuals in other jurisdictions may apply for temporary licensure. As currently written, the rule would allow an individual with an inactive license, but who otherwise meets the requirements of the rule, to receive a temporary license. The Board believes this represents an unreasonable risk of harm to the public because inactive license requirements vary and do not necessarily require a licensee to maintain his or her competence through professional development. Generally speaking, it is only once a licensee elects to return his or her license to active status that steps must then be taken to ensure the individual is current on professional development and thus competent to practice. Without this adopted amendment, an applicant from another jurisdiction with an inactive license, who would be precluded from practicing in his or her home state, can deliver services via a temporary license in Texas without the competency assurances afforded by professional development.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under Tex. Occ. 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.