The Texas Behavioral Health Executive Council adopts new §463.35, relating to Requirements for Professional Development. Section 463.35 is adopted with changes to the proposed text as published in the October 7, 2022, issue of the Texas Register (47 TexReg 6555) and will be republished.

Reasoned Justification.

This adopted new rule is intended to streamline all the continuing education into a rule formatted similarly to the other Boards under the Executive Counsel. Additionally, this rule adds and changes some of the requirements for each renewal cycle. For example, licensees will be able to carry forward up to ten hours from the previous cycle if they were not used, licensees can opt to take the jurisprudence examination for one hour of ethics credit, and lastly licensees can now claim up to one hour of self-study continuing education credit. The rule is adopted with changes in response to comments made on other continuing education rules for other boards regulated by the Council, these changes add hospitals and hospital systems to the list of providers that licensees must obtain at least fifty percent of their professional development from for each renewal cycle.

List of interested groups or associations against the rule.

Texas Association of Psychological Associates

Summary of comments against the rule.

A commenter requested that "long-term residence in rural areas" be added to subsection (c) of the adopted rule, because, as the commenter opined, Texas has vast rural areas and the majority of licensees live in urban areas so the commenter wanted rural culture to be specifically identified in the rule.

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. Subsection (c) provides a non-exhaustive list of what would be acceptable to meet the cultural diversity or competency professional development hours requirements in the rule. The Executive Council believes the list of examples in subsection (c) is sufficient and declines to include an exhaustive list of every type of culture or competency that may be worthy of inclusion because, as the Texas Court of Civil Appeals for Texarkana concluded in Marrs v. Matthews, 270 S.W. 586, at 588 (Tex. Civ. App.-Texarkana 1925, writ ref'd) :

Different minds might reach different conclusions as to what qualities of character should render one unworthy to hold a certificate to teach. But there can be no difference of opinion about the fact that an unworthy person should not be permitted to teach in the public schools. What qualities, or lack of qualities, should render one unworthy would be difficult for legislative enumeration. They are so numerous, and their combinations so varied in different individuals, that a statute which undertakes to be more specific would either be incomplete, or so inflexible as to defeat the ends sought. In the very nature of the subject there must be lodged somewhere a personal discretion for determining who are the "unworthy."

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.