Texas Register Preamble
The Texas Behavioral Health Executive Council adopts amendment §801.142, relating to Supervised Clinical Experience Requirements and Conditions. Section 801.142 is adopted without changes to the proposed text as published in the December 16, 2022, issue of the Texas Register (47 TexReg 8240) and will not be republished.
The adopted amendments add new subsection (10) which allows for students in doctoral programs to count supervised experience hours toward licensure requirements when obtained after the conferral of their master's degree that meets licensure requirements. Additionally, other amendments have been adopted to correct typographical errors.
List of interested groups or associations against the rule.
Summary of comments against the rule.
A commenter requests that this rule be amended to no longer place a limit on technology-assisted services and instead to require a portion of the hours required by the rule to be technology-assisted.
List of interested groups or associations for the rule.
Summary of comments for the rule.
The Executive Council declines to make changes to this rule as requested by the commenter because they are outside of the scope of the proposed amendments to this rule. The adopted amendments to this rule do not pertain to technology-assisted services, which is the subject of the commenter's proposed changes. This rule does not limit the amount of technology-assisted services hours a licensee can provide, it limits the amount of technology-assisted hours that an LMFT-Associate may use in their application for an LMFT to 500 hours. If the Council later decides to amend this rule and address technology-assisted services, as requested by the commenter, a new rulemaking proposal would be required. These adopted rule amendments are consistent with state policy, therefore the Executive Council adopts this rule without any changes.
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.
Next Page Previous Page