Texas Register Preamble
The Texas Behavioral Health Executive Council adopts amended §801.302, relating to Severity Level and Sanction Guide. Section 801.302 is adopted with changes to the proposed text as published in the August 5, 2022, issue of the Texas Register (47 TexReg 4628) and will be republished. These changes further clarify and streamline the rule; references to the maximum penalty amounts have been removed from paragraphs (1) and (2) and have been consolidated under paragraph (5) which specifically covers the assessment of administrative penalties.
The adopted rule amendments are adopted, with changes, to make the rule clearer and to simplify the guide by combining levels 2 and 3 into a suspension for any amount of time. Additionally, the possible penalty amount for all levels has been clarified, to match Section 507.352 of the Occupations Code.
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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 §502.1515 of the Tex. Occ. Code the Texas State Board of Examiners of Marriage and Family Therapists previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §502.1515 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 this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 502 and 507 of the Texas Occupations Code and may adopt this rule.
Lastly, the Executive Council also 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.
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