The Texas Behavioral Health Executive Council adopts new §781.501, relating to Requirements for Continuing Education. In response to comments, §781.501 is adopted with changes to the proposed text as published in the April 22, 2022, issue of the Texas Register (47 TexReg 2088) and will be republished.

Reasoned Justification.

This adopted new rule consolidates all the continuing education requirements contained in multiple rules into this single rule. Additionally, this rule adds and changes some of the requirements for each renewal cycle. For example, licensees will now be required to complete three hours of cultural diversity or competency, licensees with supervisor status will be required to complete six hours in supervision instead of three previously but these hours can be counted towards the minimum hours required, licensees who take the jurisprudence exam can claim one hour of ethics credit, and lastly licensees can now claim up to one hour of self-study continuing education credit.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

Many commenters objected to subsection (f), which requires at least fifty percent of continuing education to come from one of the providers listed in that subsection. Some commenters asked that subsection (f) not be included in the rule, while other comments asked for different types of providers to be added to subsection (f), such as teaching hospitals, non-profit hospitals, and other entities or stakeholders. Some commenters asked for clarification regarding the definition of self-study. Some commenters believe self-study will limit their ability to claim credit for continuing education, such as coursework completed by watching presentations online. Some commenters believe that this rule change, namely the addition of subsection (f), will require licensees to attend in person workshops, trainings, seminars, and the like in person, as opposed to virtually or online. A commenter opined that increasing the number of hours related to supervision for supervisors will potentially create a financial burden; and another commenter objected to the removal of the currently required three hours in supervision for a supervisor as the commenter believed this education to be essential for supervisors. A commenter objected to not including in this rule continuing education credit for some of the time a licensee spends under supervision. A commenter asked that undergraduate courses be included instead of just graduate ones. Commenters requested that credit be included for field instructors working with interns. A commenter believes there is a contradiction between subsection (a)(2), which allows up to ten hours to be carried forward to the next renewal cycle if not used, and subsection (e)(1), which requires all hours to be completed during a renewal period. A commenter asked for further clarity regarding what is required under certain parts of the rule, such as cultural diversity and if field instructors qualify as teaching a graduate level course. A commenter opposed this rule because the commenter believes it may limit private providers to provide only fifty percent of continuing education, which in turn may limit the diversification and accessibility of materials; the commenter suggested allowing licensed clinical practitioners to be able to provide continuing education.

List of interested groups or associations for the rule.

National Association of Social Workers - Texas

Summary of comments for the rule.

Some commenters appreciated the addition of requiring cultural competency to the continuing education rule, but some proposed adding additional subject matter requirements such as addiction and trauma. Other commenters voiced support for the changes to self-study and teaching, but requested the jurisprudence exam to be extended to three hours of credit and that credits for teaching and attending graduate-level courses be expanded to all college courses. A commenter supported the addition of cultural competency or diversity but the commenter requested that this requirement be combined with the ethics requirements, as there may be educational opportunities that cover both. A commenter voiced support for the increase of required supervision hours from three to six, but requested that additional language describing the type of supervision areas required be added. A commenter voice support for the list of providers in subsection (f) because this diverse list is an attempt to identify groups or organizations with a connection to social work. A commenter voiced support for the addition of self-study credit to the rule but requested the rule clarify that it is for activities that are done on your own, without any third-party or external provider.

Agency Response.

The Council declines to make all the changes requested by commenters, but the Council does adopt this rule with some changes responsive to comments. For example, the Council has included a definition for the term self-study in subsection (h), so that there should be no confusion as to what this term is intended to mean. Self-study is defined as credit that is obtained from any type of activity that is performed by an individual licensee acting alone. Such activities include, but are not limited to, reading materials directly related to the practice of social work. Time spent individually viewing or listening to audio, video, digital, or print media as part of an organized continuing education activity, program or offering from a third-party is not subject to this self-study limitation and may count as acceptable continuing education under other parts of this rule. Additionally, the Council has added licensees with supervisor status to the list of providers in subsection (f). Therefore, if a licensee with supervisor status provides continuing education or a licensee with supervisor status approves or endorses continuing education provided then the continuing education will qualify under subsection (f). While the rule will require at least fifty percent of a licensee's continuing education to come from a provider listed in subsection (f) there is no requirement that these providers only offer in-person continuing education, there is no prohibition or limitation regarding online continuing education hours. The Council believes the addition of licensees with supervisor status to subsection (f) should include other well-trained providers, as commenters requested, because other structured organizations or entities devoted and designed to address mental health issues will likely have a licensee with supervisor status on staff or under contract, and therefore should be able to qualify under subsection (f) if so desired. The Council added language to subsection (e)(1), in response to comments, to clarify that all hours must be completed during a renewal cycle except for those hours that are allowed to be carried forward from the previous cycle by subsection (a)(2). In response to comments, the Council changed subsection (h)(4) to allow for teaching or attending any university or college level course to be claimed for continuing education credit instead of just graduate-level courses. The Council has made other clarifying changes such as, that subsection (h) is not impacted by the requirements of subsection (f), meaning the activities stated in subsection (h) do not have to come from a provider listed in subsection (f).