The Texas Behavioral Health Executive Council adopts new §882.28, relating to Update to Degree on a License. Section 882.28 is adopted without changes to the proposed text as published in the November 17, 2023, issue of the Texas Register (48 TexReg 6726) and will not be republished.

Reasoned Justification.

The adopted new rule implements a process to update the degree listed on a license.

List of interested groups or associations against the rule.

AMHP-Association for Mental Health Professionals.

Summary of comments against the rule.

Two commenters voiced objections to the proposed new rule, which allows licensees to add a doctoral degree to their license. The commenters argue that no substantial reasons for the new rule have been provided, and no evidence of negative impact on the public has been demonstrated for not having such a rule. They highlight that a doctoral degree is not mandatory for licensure, deeming the proposal a poor use of regulatory resources. The commenters also emphasize existing rules allow licensees, such as counselors, to publicly market their educational achievements. The commenters believe the claim that displaying a doctoral degree on a license leads to higher insurance reimbursements is inaccurate, and that other documentation, such as a degree, could be provided to prove an individual's academic achievements. Overall, the commenters contend that the proposed new rule lacks justification, practical benefits, and is unnecessary.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

A commenter believed it would be appropriate to recognize an eligible and applicable doctoral degree on a license, and that it would be misleading and confusing to clients to not accurately display such qualifications on a license. The commenter further opined that there are many licenses already in existence with the acknowledgment of a doctorate degree, and it would be inequitable for licensees with a newly acquired doctoral degree to be excluded from this historical practice.

A commenter opined that new licensees with a doctoral degree have it listed but someone who earns their doctorate post licensure should also have the ability to have their doctoral degree added to their license. Further, the commenter stated that insurance companies compensate doctoral level mental health professionals at a higher rate and by not allowing the inclusion of a doctoral degree on a license it creates inequities for experienced counselors who deferred their doctoral studies.

Agency Response.

The Council declines to amend or not adopt the rule as requested by the commenters. Council and Board members voiced their support for this new rule and opined that it will provide greater notice to the public regarding a particular licensee's educational and academic background. Previously, when several of the underlying Boards were administered by the HHSC, licensees were allowed to add their doctoral degrees to their already issued license but there was no formal process in place to accomplish this task. This new rule establishes such a process, and with a corresponding amendment to the Council's fee rule, §885.1, allows for the collection of a fee to process such a request. The commenters are correct, that most licensing rules do not require a doctoral degree for the issuance of a license, except for licensed psychologists, but many of these same licensing rules will accept any type of relevant graduate degree, meaning a master's or doctoral degree, so a doctoral degree can qualify an individual for licensure. The additional public notice this rule will create is similar to other rules that allow for licensees to list a particular certification or designation on their license. For example, Council rule §463.25 allows psychologists to indicate they are certified as a Health Service Psychologist (HSP) and Council rule §681.73 allows LPCs to be licensed with an art therapy designation. Neither of these are required for licensure, but these certifications or designations get listed on a license to provide additional notice to the public regarding a licensee's educational and academic background. This new rule follows this same tradition, and therefore the Council declines to amend or not adopt the rule as requested by the commenters.

The Council thanks the commenters for their supportive comments.

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.