The Texas Behavioral Health Executive Council adopts new §882.70, relating to Emergency Temporary License. The new section is adopted without changes to the proposed text as published in the April 24, 2020, issue of the Texas Register (45 TexReg 2663). The rule will not be republished.

Reasoned Justification.

The new rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Section 507.254 of the Tex. Occ. Code authorizes the Executive Council to issue a license, which must also include the name of the applicable board. Sections 501.263, 502.258, 503.308, and 505.357 of the Tex. Occ. Code require the adoption of rules for the Executive Council to issue a temporary license. This new rule implements this statutory duty.

List of interested groups or associations against the rule.

The Bluebonnet Counseling Association of Texas

The Texas Counseling Association

The Texas Psychological Association

The Texas Association of Marriage and Family Therapists

The National Association of Social Workers - Texas

The Texas Society for Clinical Social Work

Summary of comments against the rule.

Commenters have requested rule §882.70, pertaining to emergency temporary license, be amended to allow out-of-state licensees who are not in good standing the ability to apply for and be granted temporary licensure. Additionally, one commenter requested the emergency temporary license be made available for those applicants needing a job but waiting for the agency to process the application.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

None.

Agency Response.

To allow out-of-state licensees who are not in good standing, meaning they are subject to a current disciplinary action, to apply for and be granted emergency temporary licenses would be antithetical to the mission of this agency - to protect the public. Once the out-of-state licensee is no longer subject to a disciplinary action then the licensee may apply, but to allow potential bad actors a pathway to temporary licensure will increase the potential for more harm. The purpose for the emergency temporary license is to allow out-of-state licensees to provide services in Texas in response to a disaster, therefore this licensing rule is not something that should be used for the typical or regular licensing process. For these reasons the agency declines to make the requested changes, and hereby adopts the rule with no changes.

Statutory Authority.

The new rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council 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.

Additionally, the Executive Council adopts this new rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.

The Executive Council adopts this new rule pursuant to the authority found in §§501.263, 502.258, 503.308, and 505.357 of the Tex. Occ. Code which requires the Executive Council to adopt rules for the issuance of temporary licenses.

Lastly, the Executive Council adopts these new rules under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.