The Texas Behavioral Health Executive Council adopts new §882.10, relating to Applicants with Pending Complaints. Section 882.10 is adopted without changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1717) and will not be republished.

Reasoned Justification.

The adopted new rule changes the way Council staff will process applications when the applicant has a pending complaint. If the applicant has a pending complaint that involves sexual misconduct or imminent physical harm to the public then the application may be held in abeyance for up to 180 days while a determination on the complaint is made. All other applicants with complaints will have their application processed as normal, the complaint will not impact the licensure application. The pending complaint will still be investigated and processed according to the normal route as well.

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.

None.

Summary of comments for the rule.

A commenter voiced support for this rule change. The commenter believes that this rule change will help prevent supervisors or group practice owners from using the agency’s complaint process in a retaliatory way. The commenter asserts that a false complaint was filed against her by her former employer when she left a group practice and applied for an upgrade or change in licensure. Further, the commenter states that the complaint was eventually dismissed but the complaint and investigation slowed the approval of her application by several months. Therefore, the commenter believes, this rule change will not cause the same problems for applicants if they are leaving a group practice or supervisory relationship for their own independent practice and their former employer files a retaliatory complaint against them.

Agency Response.

The Executive Council appreciates the supportive comment.

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.

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.