The Texas Behavioral Health Executive Council adopts amendments to §781.412, relating to Examination Requirement. Section 781.412 is adopted without changes to the proposed text as published in the October 1, 2021, issue of the Texas Register (46 TexReg 6494) and will not be republished.

Reasoned Justification.

The amended rule clarifies and simplifies the examination requirements for applicants. The amended rule clarifies that applicants must pass the national examination with two years prior to their initial or upgrade application. Previously the rule required passage within one year of application. And if an applicant applies for reinstatement of a license, under §882.22, the amended rule clarifies that this part of the rule would not apply. The amended rule also deletes a reference to §882.6, pertaining to limitation on number of examination attempts; even though the limitation on examination attempts will still apply the reference to that rule here is duplicative and unnecessary.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

None.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

None.

Agency Response.

None.

Statutory Authority.

The 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 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.