The Texas Behavioral Health Executive Council adopts amendment §463.9, relating to Licensed Specialist in School Psychology. Section 463.9 is adopted with changes to the proposed text as published in the September 30, 2022, issue of the Texas Register (47 TexReg 6384) and will be republished.

Reasoned Justification.

The adopted amendment to subsection (c) makes clear that accredited programs by NASP are considered to meet all training and internship requirements for licensure under this rule, the same as NASP approved programs. Subsection (d) has been amended to allow for those that did not obtain a specialist degree from a school psychology program to apply for licensure if they have obtained a certificate of completion from a graduate-level training course designed to train individuals from related disciplines in the practice of school psychology.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

A commenter believes the rule should be amended to allow any appropriate degree in psychology to qualify for licensure as an LSSP. The commenter asserts that if one passes the Jurisprudence and Praxis Examinations then that person should be given a license.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

None.

Agency Response.

The Executive Council declines to make changes to this rule as requested by the commenter. The rule requires applicants for an LSSP to complete a graduate degree in psychology from a regionally accredited institution of higher education, and a graduate degree in psychology means the name of the candidate's major or program of study is titled psychology. The rule does not require qualifying degrees to only be titled psychology or school psychology, but the major or program of study must have psychology in the title. This allows for any appropriate degree in psychology to potentially qualify for licensure. The Executive Council is not legally permitted to issue an LSSP to an applicant that only passes the Jurisprudence and Praxis Examinations. Section 501.260 of the Occupations Code requires the Executive Council to set certain minimum standards for the issuance of an LSSP, and these include additional requirements such as the completion of certain graduate level coursework and the completion of at least 1,200 hours of supervised experience. These adopted rule amendments are consistent with state policy, therefore the Executive Council adopts this rule without any changes.

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 §501.1515 of the Tex. Occ. Code the Texas State Board of Examiners of Psychologists previously voted and, by a majority, approved to propose the adoption of this rule to the Executive Council. The rule is specifically authorized by §501.1515 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 the rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 501 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.