The Texas State Board of Examiners of Marriage and Family Therapists (board) proposes amendments to §§801.2, 801.11 - 801.19, 801.42 - 801.58, 801.71 - 801.73, 801.91 - 801.93, 801.111 - 801.115, 801.141, 801.174, 801.203, 801.204, 801.232 - 801.235, 801.237, 801.262, 801.268, 801.291 - 801.294, 801.297 - 801.303, 801.331, 801.332, 801.351, and 801.362 - 801.364; new §§801.74 - 801.76, 801.142, 801.143, 801.201, 801.202, 801.236, 801.263, 801.264, 801.266, 801.296, and 801.304; and the repeal of §§801.142, 801.143, 801.172, 801.173, 801.201, 801.202, 801.236, 801.263 - 801.267, and 801.296, concerning the licensing and regulation of marriage and family therapists.

BACKGROUND AND PURPOSE

Texas Government Code, §2001.039, requires that each state agency review and consider for readoption each rule adopted by that agency. Sections 801.1, 801.2, 801.11 - 801.19, 801.41 - 801.58, 801.71 - 801.73, 801.91 - 801.93, 801.111 - 801.115, 801.141 - 801.143, 801.171, 801.174, 801.201 - 801.204, 801.231 - 801.237, 801.261 - 801.264, 801.266, 801.268, 801.291 - 801.303, 801.331, 801.332, 801.351, and 801.361 - 801.364 have been reviewed, and the board has determined that the reasons for adopting the sections continue to exist in that rules concerning the licensing and regulation of marriage and family therapists are still needed; however, changes are needed as described in this preamble and are the result of the comprehensive rule review undertaken by the board and the board's staff. The board proposes introduction of new §§801.74 - 801.76, and §801.304. Sections 801.172, 801.173, 801.265, and 801.267 are proposed for repeal as explained in this preamble.

In general, each section was reviewed and proposed for readoption in order to ensure appropriate subchapter, section, and paragraph organization; to ensure clarity; to improve spelling, grammar, and punctuation; to ensure that the rules reflect current legal and policy considerations; to ensure accuracy of legal citations; to eliminate unnecessary catch-titles; to delete repetitive, obsolete, unenforceable, or unnecessary language; to improve draftsmanship; and to make the rules more accessible, understandable, and usable.

SECTION-BY-SECTION SUMMARY

This section-by-section summary considers only those sections which were substantially changed in language, meaning, or intent. A number of modifications are proposed for the chapter in order to meet the objectives of the agency review of rules as described in this preamble, such as improving draftsmanship and ensuring clarity.

Non-substantive changes were made to various sections of the chapter, including conformance to HHSC Rule Drafting Guidelines, such as use of parallel construction: §801.114; separate ideas: §§801.18, 801.112, 801.235, 801.263, and 801.351; use active voice: §§801.11, 801.18, 801.72, 801.92, 801.112, 801.201, 801.268, 801.292, 801.297, 801.300, and 801.363; use present tense: §§801.51, 801.72, 801.112, 801.174, 801.201, 801.203, 801.204, 801.232, 801.233, 801.234, 801.268, 801.291, 801.297 - 801.300, 801.303, 801.331, 801.351, and 801.364; use singular, not plural nouns: §§801.2, 801.13801.44, 801.56, 801.58, 801.113, 801.232, 801.266, 801.268, and 801.303; specify time period: §801.18, 801.142, 801.143, and 801.297; do not use "and/or" or other sets of words with slash marks: §§801.44, 801.58, 801.91, 801.114, 801.297, and 801.331; use the defined terminology consistently: §§801.17, 801.18, 801.42 - 801.44, 801.57, 801.71, 801.111, 801.114, 801.115, 801.141, 801.143, 801.202, 801.232, 801.233, 801.235, 801.263, 801.298, 801.300, 801.331, and 801.351; "Including" is term of enlargement, omit "but not limited to,": §§801.2, 801.44, 801.43, 801.53, 801.58, 801.133, and 801.204; spell out numbers one through ten and use numerals for numbers 11 and above, unless the number is the first word in a sentence: §§801.48, 801.56, 801.114, 801.115, and 801.263; use obligation words appropriately, such as 1) "must" imposes a duty (never use shall): §§801.12, 801.44, 801.46, 801.48, 801.49, 801.51 - 801.58, 801.112, 801.142, 801.143, 801.174, 801.204, 801.232, 801.235, 801.237, 801.262, 801.268, 801.291, 801.297, and 801.364; 2) "may" indicates discretion to act or grants permission: §§801.237, 801.262, and 801.298; and 3) "may not" imposes a prohibition: §§801.11 - 801.19, 801.44 - 801.48, 801.50, 801.52, 801.53, 801.56 - 801.58, 801.204, 801.232, 801.268, and 801.297; use simple words instead of complex words or phrases; such as 1) "before" for "prior to": §§801.11, 801.44, 801.56, 801.73, 801.93, 801.74, 801.234, 801.293, 801.300, 801.301, 801.351, and 801.363; 2) "begin" for "initiate" or "commence": §§801.12, 801.44, and 801.56; 3) "end" for "terminate": §801.44; and 4) "use" for "utilize": §801.42 and §801.56; omit needless words: §§801.2, 801.11, 801.1, 801.13, 801.18, 801.19, 801.43 - 801.45, 801.143, 801.174, 801.201, 801.203, 801.232, 801.235, 801.237, 801.291, 801.292, 801.297, 801.300, 801.331, 801.351, 801.362, and 801.363; avoid redundancies: §801.12, 801.44, 801.115, 801.174, 801.202, 801.267, and 801.362; cross-reference to law: §§801.2, 801.11, 801.13, 801.14, 801.18, 801.42, 801.44, 801.48, 801.57, 801.58, 801.204, and 801.291; cross-reference another rule: §§801.2, 801.174, 801.203, 801.235, and 801.351 and cross-reference Code of Federal Regulations: §801.2; as well as the addition of clarifying language to sections entitled "Purpose": §§801.1, 801.71, 801.91, 801.111, 801.141, 801.171, 801.231, 801.261, 801.331, and 801.361; and the addition of clarifying language to sections entitled "General": §§801.72, 801.112, 801.232, and 801.291.

The following are proposed changes concerning Subchapter A. Introduction.

The amendments to §801.2 add definitions for "Disciplinary action," "Health and Human Services Commission," "Informal settlement conference," "Jurisprudence exam," "Licensure examination," "Respondent," and "Supervision hour"; combine definitions of "Associate" and "Licensed marriage and family therapist associate"; expand the definition of "Supervision"; and update and clarify statutory and rule references. As a result of the new definitions, the definitions are renumbered accordingly.

The following are proposed changes concerning Subchapter B. The Board.

Amendment to §801.11(e)(1)(C) removes the chair's obligation to sign approved meeting minutes.

Amendments to §801.13 replace "Department" with "HHSC" to reflect that the 84th Texas Legislature transferred the regulatory functions of the Department of State Health Service (department or DSHS) to the Health and Human Services Commission (HHSC) via Senate Bill 200. Effective September 1, 2017, HHSC provides personnel and facilities necessary for the administration of the board's functions. In addition, amendment to (g) removes the executive director's obligation to sign approved meeting minutes.

Amendments to §801.14 in subsection (b) replace "department" with "HHSC" to reflect changes made by the 84th Texas Legislature as noted above.

Amendments to §801.18 in subsection (a) remove the annual continuing education sponsor fee.

Amendments to §801.19 replace "department" with "staff" to reflect changes made by the 84th Texas Legislature as noted above.

The following are proposed changes concerning Subchapter C. Guidelines for Professional Therapeutic Services and Code of Ethics.

Amendments to §801.42 include reformatting and non-substantive changes.

Amendments to §801.43 include reformatting and non-substantive changes.

Amendments to §801.44 remove redundant subsections (m) and (x) and move subsection (n) to §801.48 Record Keeping, Confidentiality, Release of Records, and Required Reporting - see subsections (e) and (f); and remove redundant subsection (w), - see §801.47 Drug and Alcohol Use.

Amendments to §801.45 clarify in subsections (b) and (f) that the board may take action if a licensee engages in sexual misconduct with "a supervisee, an LMFT Associate, or an intern for whom the licensee has administrative or clinical responsibility" as well as "a student in a marriage and family therapy graduate program in which the licensee offers professional or educational services." Non-substantive changes were also made to this section.

Amendments to §801.46 include reformatting and non-substantive changes.

Amendments to §801.47 include reformatting and non-substantive changes.

Amendments to §801.48 reorganize the elements under subsection (d) related to required reporting and move provisions under (h) related to reporting of sexual misconduct so they are under (d)(5) related to duty to report sexual misconduct; align subsection (e) with HIPAA requirements of record retention for six years; and add subsection (f) related to exemptions from subsection (e), which was moved from §801.44 Relationships with Clients. Reformatting and non-substantive changes were also made to this section.

Amendments to §801.49 clarify in subsection (c) the required documentation to submit to the board within 30 days of the granting of an academic degree relevant to marriage and family therapy is an official transcript. Reformatting and non-substantive changes were also made to this section.

Amendments to §801.50 include reformatting and non-substantive changes.

Amendments to §801.51 include non-substantive changes.

Amendments to §801.52 include non-substantive changes.

Amendments to §801.53 include non-substantive changes.

Amendments to §801.54 include non-substantive changes.

Amendments to §801.55 include non-substantive changes.

Amendments to §801.56 include non-substantive changes.

Amendments to §801.57 clarify in subsection (d) prohibition that a licensee who has conducted a child custody evaluation may not provide any other type of service unless court-ordered to do so. Non-substantive changes were also made to this section.

Amendments to §801.58 clarify in subsection (d) required training or experience before a licensee may provide technology-assisted services and removed unnecessary language regarding a deadline for compliance in effect when the provision was introduced; repeal requirements that licensee disclose credentials and obtain client consent at the onset of each technology-assisted session; repeal subsection (j) concerning a compliance deadline imposed with this section was introduced. Non-substantive changes were also made to this section.

The following are proposed changes concerning Subchapter D. Application Procedures.

Amendments to §801.71 include non-substantive changes.

Amendments to §801.72 include non-substantive changes.

Amendments to §801.73 simplify subsection (a) by removing list of data required on application form and stating application form approved by the board; move provision that requires supervised experience form to new section §801.76 Licensed Marriage and Family Therapist (LMFT); add subsection (b) to require an applicant to submit appropriate fee(s); clarify requirements for official transcript in subsection (c); remove old effective date from subsection (e) and clarify requirements for jurisprudence exam. Non-substantive changes were also made to this section.

New §801.74 organizes and clarifies application and academic requirements for licensure examination.

New §801.75 organizes and clarifies qualifications, application and academic requirements for LMFT Associate license.

New §801.76 organizes and clarifies qualifications, application, academic, and supervised clinical experience requirements for LMFT license.

The following are proposed changes concerning Subchapter E. Criteria for Determining Fitness of Applicants for Examination and Licensure.

Amendments to §801.91 include non-substantive changes.

Amendments to §801.92 include non-substantive changes.

No changes were made to §801.93.

The following are proposed changes concerning Subchapter F. Academic Requirements for Examination and Licensure.

Amendments to §801.111 include non-substantive changes.

Amendments to §801.112 define the start of an academic program in subsection (a)(2) and move provision regarding remedy for graduate internship deficiency in subsection (a)(3) - see §801.114. Non-substantive changes were also made to this section.

Amendments to §801.113 define the start of an academic program in subsection (b)(3); organize provision regarding 45 or 60 semester hours under subsection (b); and redesignate subsections (c) and (d). Non-substantive changes were also made to this section.

Amendments to §801.114 clarify required semester hours in subsection (a); define the start of an academic program in subsection (b); clarify graduate internship hour requirements in subsection (b)(8); and add subsection (d) regarding remedy for graduate internship deficiency, which was moved from §801.112. Non-substantive changes were also made to this section.

Amendments to §801.115 in subsection (1) reduced requirement from five years to two years immediately preceding the date the application is received from an LMFT of another U.S. jurisdiction so the academic requirements (including the internship) are considered met; in subsection (2) reduced the threshold from five years to two years immediately preceding the date the application is received from an LMFT from a U.S. jurisdiction other than Texas that allows staff to grant one month of credit for every two months of independent practice toward a deficit in the academic internship requirement; and removed unnecessary and redundant subsection (3) - see §801.114. Non-substantive changes were also made to this section.

The following are proposed changes concerning Subchapter G. Experience Requirements for Licensure.

Amendments to §801.141 include non-substantive changes.

Amendments to §801.142 clarify supervised clinical experience requirement in subsection (1); clarify application of excess graduate internship hours in subsection (2); move a number of provisions regarding duties of the supervisor to §801.143; renumbered subsections (3) through (7); require the LMFT Associate to submit a Supervisory Agreement Form for each supervisor within 30 days of the date supervision began in subsection (5); and in subsection (7) reduced requirement from five years to two years immediately preceding the date the application is received from an LMFT of another U.S. jurisdiction so supervised clinical experience requirements are considered met. Non-substantive changes were also made to this section.

Amendments to §801.143 clarify requirements to apply for supervisor status in subsection (a); supervised clinical experience requirement in subsection (1); redesignate and reorganize subsections (b) through (n); in subsection (d), include supervisor's duties toward an LMFT Associate - moved from §801.142; in subsection (f) require a supervisor to report the end of supervision within 30 days; broadens supervisor's duty to ensure LMFT Associate knows and follows all statutes and rules that govern the practice of marriage and family therapy in subsection (g); in subsections (j) through (l), clarify consequences in the event that the supervisor fails to renew his or her license and supervisor status or the supervisor becomes subject to disciplinary action. Non-substantive changes were also made to this section.

The following are proposed changes concerning Subchapter H. Examinations.

The repeal of §801.172 is proposed because it no longer reflects current operational procedures. The requirement that the board offer the examination "at least semiannually" remains in Title 3 of the Texas Occupations Code, Sec. 502.155. However, the board's licensure examination vendor, the Association of Marital and Family Therapy Regulatory Boards (AMFTRB), offers the licensure examination more frequently than required by statute. The board also accepts verification of passing the California state licensing examination, which is also offered more frequently than twice per year.

The repeal of §801.173 is proposed because it no longer reflects current operational procedures. After staff has verified an applicant is eligible to sit for the AMFTRB licensure examination, staff sends a letter to the applicant with instructions to register with AMFRB. Application and academic requirements to take the licensure examination are in new §801.74.

Amendments to §801.174 in subsection (e) allow an applicant to retake the examination as many times as needed until the expiration of the application - one year from the date of the first unsuccessful examination (registration and scheduling limits set by the board's vendor still apply); redesignate subsections (f) through (h); in subsection (f) remove effective date and add reference to definition of jurisprudence exam in §801.2; clarify the jurisprudence exam must be completed no more than six months before the date the application is received in subsection (g); and remove redundant language in subsections (h) and (j) that has been moved to the definition of jurisprudence exam in §801.2. Non-substantive changes were also made to this section.

The following are proposed changes concerning Subchapter I. Licensing.

Amendments to §801.201 add subsection (d) regarding the licensee's responsibility for use or misuse of original or duplicate license. Non-substantive changes were also made to this section.

Amendments to §801.202 remove redundant language regarding application requirements for the LMFT Associate - see new §801.75; redesignate subsections (a), (b), and (c); in subsection (c) an LMFT Associate who failed to meet all requirements by the end of 72 (or in some cases 96) months, may reapply for LMFT Associate, meeting all current requirements and passing the national licensure examination no more than six months before the date the application is received; and repeal provision for board review of clinical supervision experience accrued under a previously held LMFT Associate license. Non-substantive changes were also made to this section.

Amendments to §801.203 include non-substantive changes.

Amendments to §801.204 include non-substantive changes.

The following are proposed changes concerning Subchapter J, including changing the subchapter heading to License Renewal, Inactive Status, and Surrender of License.

Amendments to §801.232 include non-substantive changes.

Amendments to §801.233 include non-substantive changes.

Amendments to §801.234 include non-substantive changes.

Amendments to §801.235 include non-substantive changes.