The Texas Behavioral Health Executive Council adopts amendment §801.261, relating to Requirements for Continuing Education. Section 801.261 is adopted without changes to the proposed text as published in the December 16, 2022, issue of the Texas Register (47 TexReg 8243) and will not be republished.

Reasoned Justification.

The adopted amendments to this rule add hospitals and hospital systems to subsection (f) and makes the effective date of subsection (f) January 1, 2024. Additionally, amendments to §801.202 are being adopted in this issue of the Texas Register so corresponding amendments to subsection (a)(2) are also being adopted.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

A commenter objects to the amendment being made to this rule which does away with the requirement that LMFT-Associates must obtain continuing education, the commenter opines that this requirement needs to remain in order to protect the public from someone who is still learning the craft.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

None.

Agency Response.

The Executive Council declines to amend the rule as requested by the commenter. Section 801.202 has been amended to make the LMFT-Associate license a five year term which cannot be renewed. Continuing education is a requirement for the renewal of a license, since the associate license cannot be renewed then there is no need to require continuing education for the associate license. Public protection is achieved by requiring all LMFT-Associates practice under the supervision of an LMFT-S, which is required by other rules. 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 §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.