The Texas Behavioral Health Executive Council adopts amended §801.2, relating to Definitions. Section 801.2 is adopted without changes to the proposed text as published in the August 5, 2022, issue of the Texas Register (47 TexReg 4624) and will not be republished.

Reasoned Justification.

The adopted amendment adds a definition for direct clinical services to couples or family for the purpose of providing greater clarity in the rules.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

A commenter opposed this rule change because the commenter believed this rule change could result in applicants becoming licensed as an LMFT without working clinically with any, or few, intact families or couples. The commenter requested the rule be amended to place a limit or cap on the number of these hours that could be counted towards licensure.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

A commenter voiced support for this rule, the commenter believed that residential groups and treatment groups should be included as part of the definition of direct clinical services to couples or family. The commenter believed that youths in detention who are in group counseling are treated as members of a system, which is much different than group counseling for members in the community. Therefore, the commenter supports the inclusion of these groups into the proposed definition for direct clinical services to couples or family.

Agency Response.

The Executive Council declines to make changes to the rule as requested. The services provided under this definition will always be systemic and the Texas State Board of Examiners of Marriage and Family Therapists did not want to limit these systemic hours as the commenter requested. Further, the Board felt placing numerical caps or limits on the types of systemic hours would create a more complicated licensing requirement than would be necessary to ensure public protection and that competent providers are licensed. The Executive Council agreed with the Board's recommendation not to amend this rule as requested by the commenter. The Executive Council thanks the commenter for the supportive comments.

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 §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.