The Texas Behavioral Health Executive Council adopts amended §781.404, relating to Recognition as a Council-approved Supervisor and the Supervision Process. Section 781.404 is adopted with changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5438) and will be republished.

Reasoned Justification.

The adopted amendments are intended to clarify the allowable fee arrangements between supervisor and supervisee.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

A commenter raises concerns about the potential for dual relationships in supervision and maintaining ethical boundaries in supervisor-supervisee relationships, particularly when a supervisor is also the employer of a supervisee and the supervisee pays for the supervision. The commenter questions whether the proposed change may inadvertently allow supervisors in independent practice to accept payment from their employees for supervision. The commenter suggests that if the goal is to prevent supervisors from being paid twice (by both employer and supervisee), the rule should explicitly state this.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

None

Agency Response.

The purpose of this rule amendment is to provide clarity in the rule, that a supervisor may not exploit their supervisees by being paid twice for the supervision they are providing. Therefore, in response to the comment, the Council adopts this rule with a change to make it clear that, a Council-approved supervisor who is otherwise compensated for supervisory duties may not charge or collect a fee or anything of value from the supervisee for the supervision services provided to the supervisee.

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.