The Texas Behavioral Health Executive Council adopts amended §781.404, relating to Recognition as a Council-approved Supervisor and the Supervision Process. Section 781.404 is adopted without changes to the proposed text as published in the April 22, 2022, issue of the Texas Register (47 TexReg 2085) and will not be republished.

Reasoned Justification.

This adopted amendment removes the requirements for maintaining and renewing a licensee's supervisor status from subsection (b) of this rule, because similar requirements have been added to new §781.501, pertaining to requirements for continuing education, where it is more appropriate.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

A commenter suggested that instead of removing the continuing education requirements in the rule and moving them to a new rule, the rule should clearly identify the requirements of the new rule here in this rule. And the commenter requests the Executive Council to identify specific time frames that supervisors are required to maintain supervision records.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

None.

Agency Response.

The Executive Council declines to amend the rule as requested by the commenter. The purpose of adopting new §781.501 is so all continuing education requirements will be located in one rule, and not throughout multiple rules. Therefore, the repeal of continuing education requirements in this rule is in line with this purpose. The current rules address record retention requirements, for example see §781.309, and at this time the Executive Council declines to make the requested changes regarding supervision records; additionally, such a requested change is beyond the scope and purpose of this proposed and adopted rule change which pertains to continuing education.