The Texas Behavioral Health Executive Council adopts amendment §681.147, relating to 40-Clock-Hour Supervisor Training Course. Section 681.147 is adopted without changes to the proposed text as published in the December 16, 2022, issue of the Texas Register (47 TexReg 8230) and will not be republished.

Reasoned Justification.

Section 681.142 has been repealed and replaced with new §681.140, so corresponding amendments have been made to this rule.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

None.

List of interested groups or associations for the rule.

Texas Counseling Association

Texas Medical Association

Summary of comments for the rule.

A commenter voiced support for this rule stating that it will help protect the public and allow flexibility for licensees.

One commenter voiced support for this rule change, the commenter believes this rule change aligns with the mission of the Texas State Board of Examiners of Professional Counselors, which the commenter states is to protect the protect the people of Texas by ensuring professional counselors are qualified and competent practitioners.

A commenter supports the rule amendments but requests a citation to Chapter 503 of the Occupations Code be added to this rule. The commenter opines that the addition of this citation will direct readers to the underlying authority, which will aid continuing education providers and licensees in developing and selecting courses that will meet approval.

Agency Response.

The Executive Council appreciates the supportive comments and declines to amend the rule as requested by the one commenter.

Section 681.1 states the purpose for the Texas State Board of Examiners of Professional Counselors' rules, which is to implement the provisions of Chapter 503 of the Occupations Code, the Licensed Professional Counselor Act. Additionally, §681.2(2) defines the term "Act" as the Licensed Professional Counselor Act, Chapter 503 of the Occupations Code; and this term is used throughout the Board's rules. With there already being references to Chapter 503 in the Board's rules, the Executive Council finds there is not a need to provide additional citations or references to the same statutory authority.

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 §503.2015 of the Tex. Occ. Code the Texas State Board of Examiners of Professional Counselors previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §503.2015 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 this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 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.