The Texas Behavioral Health Executive Council adopts amendments to §781.401, relating to Qualifications for Licensure. Section 781.401 is adopted without changes to the proposed text as published in the August 5, 2022, issue of the Texas Register (47 TexReg 4616) and will not be republished.

Reasoned Justification.

The adopted amendment removes the requirements that supervised experience must be obtained within five years immediately preceding the date of application for specialty recognition.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

A commenter opined that the 3000 hours, and 100 supervision hours, over 24-48 months does not meet requirements consistent in other states.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

A commenter voiced support for the deletion of the five year requirement, but then voiced concern that the opportunity created by this change is defeated by the requirement that the 100 supervision hours must be with a Council approved supervisor. The commenter opined that this will not help applicants that previously completed their 100 supervision hours with a Board approved supervisor, since the Council was not formed until 2019, and asked that the Council approved supervisor part of this rule be deleted.

Agency Response.

The commenter's concerns regarding the 24-48 month requirement in this rule were not part of the proposed rule amendments. This proposed change removed the requirement that supervised experience must be obtained within five years immediately preceding the date of application for specialty recognition. Therefore, the Executive Counsel declines to make any requested changes to the 24-48 month requirement in this rule adoption because it would be beyond the scope of this rule proposal. Additionally, the Executive Council declines to delete the requirement that 100 supervision hours must be completed by a Council approved supervisor, because the Executive Council will accept previous supervised experience hours completed under a former Board approved supervisor. When H.B. 1501, 86th Leg., R.S. (2019), created the Executive Council it consolidated the authority to issue licenses, rules, and regulate the professions for the underlying Boards to the Executive Council. Therefore, when a license is issued or status change granted, such as supervisor status, it is now done so by the Executive Council with input from the member Boards, see 22 Texas Administrative Code §882.20. The supervisor status for social workers has not changed, only the government entity issuing the supervisor stats has, so if the required 100 supervision hours were completed under a previous Board approved supervisor they will still qualify, just as if they are currently completed under a Council approved supervisor.

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 §505.2015 of the Tex. Occ. Code the Texas State Board of Social Worker Examiners previously voted and, by a majority, approved to propose the adoption of this rule to the Executive Council. The rule is specifically authorized by §505.2015 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 505 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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.