The Texas Behavioral Health Executive Council adopts amendments to §463.11, relating to Supervised Experience Required for Licensure as a Psychologist. In response to public comments, §463.11 is adopted with changes to the proposed text as published in the October 1, 2021, issue of the Texas Register (46 TexReg 6468) and will be republished below.

Reasoned Justification.

The adopted amendment is intended to allow applicants for licensure as a psychologist to petition the Texas State Board of Examiners of Psychologists regarding a deficiency in the applicant's required supervised experience for licensure. The Board can then examine the applicant and either approve, deny, or condition the approval on reasonable terms and conditions designed to ensure the applicant's education, training, and experience provide reasonable assurance that the applicant has the knowledge and skills necessary for entry-level practice as a licensed psychologist. Prior to submitting such a petition, an applicant must have completed at least 1,500 hours of supervised experience in a formal internship, obtained a doctoral degree in psychology, completed at least 1,500 hours of supervised experience following conferral of a doctoral degree, and obtained a passing score on all requisite examinations, the jurisprudence examination and the EPPP. If an applicant has not met these minimum requirements then an applicant is not eligible to submit the petition described in the adopted amendment. In response to public comments, this rule is being adopted with changes to clarify that licensure requirements are not being waived for any applicants, but if applicants have a deficiency and they meet the criteria of this rule then they can petition to remediate the deficiency, so long as it does not conflict with any applicable laws and would not adversely affect the public welfare.

List of interested groups or associations against the rule.

Dallas Psychology Association

Texas Psychological Association

Bexar County Psychological Association

Brazos Valley Psychological Association

Virginia Academy of Clinical Psychologists

Association of State and Provincial Psychology Boards

American Psychological Association

Texas Psychological Association Academic and Higher Education Committee

Association of Counseling Center Training Agencies

Sam Houston State Area Psychological Association

Summary of comments against the rule.

Commenters disagreed with this rule change because they believe the standard of practice of psychology in Texas will be diminished and patients will be negatively impacted. The commenters believe this rule will allow for a waiver of the formal internship, that applicants with a doctoral degree in psychology but no internship will be able to ask the Board to waive this requirement and be granted a license. Some commenters believe the Board should maintain a requirement of an APA accredited or APPIC member internship to become a licensed psychologist. Commenters believe this rule will dilute essential training requirements and is inconsistent with national training and education standards. Commenters believe Texas will become a safe haven for unqualified applicants seeking licensure if the rule is adopted. Some commenters believed this rule will negatively affect Texas' membership in PSYPACT. Some commenters do not trust the judgement of future BHEC members, which could greatly expand the latitude of this rule, and believe the review of applicants on a case by case basis places the burden of assessing a psychologist's qualifications on the consumer because the commenters believe licensure standards will no longer be consistent for all applicants. Commenters believe providers in other states may stop referring patients to psychologist in Texas because they are unsure of the quality of training required in Texas. Some commenters believe that barriers to obtaining appropriate internship experience should be addressed, such as working with universities to create scholarships or recruiting in rural areas, instead of this rule change. Commenters believes this rule exceeds the scope of authority for the Board and Council, and it is contrary to current legal licensing requirements. Commenters argue that this rule change effectively lowers the required hours for supervised experience for a formal internship to 1,500 hours, which conflicts with other licensing requirements. A commenter believes this rule change will negatively affect the portability of a current Texas licensee with other states.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

Commenters believes this rule will not threaten the quality of psychological services and has confidence in the Board's discretion to determine how best to protect the public while ensuring unnecessary regulations that create a barrier to entry are eliminated. Commenters state that there are not enough APA accredited internship programs to meet the demand for students coming out of APA accredited training programs, therefore this rule will allow the Council the flexibility to consider what would otherwise be an eligible professional for licensure. A commenter noted that there is a lack of licensed mental health professionals in Texas, especially in rural areas, and the commenter believes this rule change will potentially boost the number of licensed psychologists in rural areas. A commenter supports the rule because it will allow applicants with minor pre-doctoral deficits to be remedied, at the Board's discretion, so that person can go on to provide services which are much in need throughout Texas and especially in rural areas which are underserved. A commenter supports the rule because it will allow the Board to adapt to growth in the profession and changes in technology, allowing the Board to evaluate the true quality of an applicant's training. Another commenter believes this rule change will help boost the number of licensed psychologists in rural Texas, which will allow for more services to be provided to underserviced populations. Commenters believe the proposed rule will give the Board, and future Board members, an appropriate level of discretion to review, consider, and adapt licensing requirements in a way that protects the public and helps ensure that all Texans, even those in in rural and underserved areas, have access to psychological services.

Agency Response.

In response to public comments that mistakenly believe this rule amendment will waive or do away with the formal internship requirement the Council adopts this rule with amendments to clarify that licensing requirements are not being waived, but if an applicant meets the requirements of subsection (g) of this rule and still has a deficiency then the Board may condition the approval of the applicant on reasonable terms and conditions designed to ensure the applicant's education, training, and experience provide reasonable assurance that the applicant has the knowledge and skill necessary for entry-level practice as a licensed psychologist (e.g. establish a plan for the applicant to remediate the deficiency). This rule does not waive the formal internship requirement, in order to even request the remediation of a deficiency an applicant must have completed at least 1,500 hours of supervised experience in a formal internship as well as meet other requirements listed in the rule. Current licensing rules do not require all applicants to complete only APA accredited or APPIC member internships. Applicants can complete a CPA accredited internship or they can complete an internship that is not accredited but meets the criteria listed in §463.11(d)(2) to qualify for licensure. The changes to this rule will have no effect on Texas' standing or membership in PSYPACT, it is the Texas Legislature's enactment of Subchapter L in Chapter 501 of the Texas Occupations Code that made Texas a member of PSYPACT and this rule amendment has no impact on Subchapter L. As discussed below, this rule is within the legal authority of the Board to recommend to the Council, and for the Council to adopt; but this agency does not have legal authority to create scholarship programs for doctoral interns as a commenter suggested. The minimum of 1,500 hours for a formal internship was listed in subsection (g) of this amended rule in order to align with the requirements in §463.10(e), additionally the minimum required hours for an APPIC accredited internship is 1,500 so this matches with the requirement found in §463.11(d)(1). This rule amendment does not create a new or lower standard for the minimum amount of required formal internship hours, but it creates a minimum standard for when an applicant can petition the Board to remediate a deficiency. Currently Texas does not have any reciprocity agreements with any other states, so this rule should have no effect on license portability or reciprocity with other states.

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.

In accordance with §501.1515 of the Tex. Occ. Code the Texas State Board of Examiners of Psychologists previously voted and, by a majority, approved to propose the adoption of this rule to the Executive Council. The rule is specifically authorized by §501.1515 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.

The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed the rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 501 and 507 of the Texas Occupations Code and may adopt this rule.

Lastly, the Executive Council adopts this rule 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.