The Texas Behavioral Health Executive Council adopts amendments to §781.501, relating to Requirements for Continuing Education. Section 781.501 is adopted with changes to the proposed text as published in the December 16, 2022, issue of the Texas Register (47 TexReg 8238) and will 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.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

A commenter voiced concern about the maximum number of hours being proposed for self-study, the commenter requests that the present method remain in place because individuals who are confined to their homes or in rural communities will have problems taking courses in person.

Another commenter requested that continuing education courses or conferences provided by the military be included in the list of providers in subsection (f) of this rule.

A commenter opined that a letter, email, or transcript from an approved supervisor should qualify as continuing education towards advanced licensure.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

A commenter voiced support for these rule amendments.

Agency Response.

The Executive Council thanks the commenter for the supportive comments and declines to amend the rule as requested by the commenters. Foremost, all of the changes requested by the commenters are beyond the scope of what was originally proposed, therefore if the Executive Council wanted to make any of the changes requested by the commenters a new rulemaking proposal would be required. Therefore none of these requested changes can be made at this time.

The comment regarding the self-study part of this rule, that it somehow limits the ability of licensees from taking online courses, is misplaced. As it currently states in part of §781.501(h)(5): "Time spent individually viewing or listening to audio, video, digital, or print media as part of an organized continued education activity, program or offering from a third-party is not subject to this self-study limitation and may count as acceptable continuing education under other parts of this rule." Therefore there is no one hour limit for online continuing education. Self-study is defined in the rule as: "credit that is obtained from any type of activity that is performed by an individual licensee acting alone. Such activities include, but are not limited to, reading materials directly related to the practice of social work."

The comment regarding adding military continuing education courses or conferences to subsection (f) is already covered by this rule. Section 781.501(f)(3) states: "city, county, state, or federal governmental entities" and the United States military is a federal government entity.

Lastly, the comment regarding a letter, email, or transcript from an approved supervisor should qualify as continuing education is covered by the current rule. Section 781.501(f) states that licensees must obtain at least fifty percent of their continuing education hours from a provider listed in subsection (f), and in subsection (f)(6) it lists a licensee that is a Council-approved supervisor. Additionally, a letter, email or transcript is what is required by §781.501(e)(3) to document the continuing education course was completed by the licensee. As for counting these continuing education courses towards advanced licensure, that is not the purpose of this rule. The continuing education rule, §781.501, lists some of the requirements for the renewal of a license but the rule has never been intended to be used for the standards for initial licensure or the upgrade of a license.

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 §505.2015 of the Tex. Occ. Code the Texas State Board of Social Worker Examiners previously voted and, by a majority, approved to propose the adoption of this rule to the Executive Council. The rule is specifically authorized by §505.2015 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 the rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 505 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.