The Texas Behavioral Health Executive Council adopts new rule §882.14, relating to Petition for Waiver or Remediation of Deficiency. Section 882.14 is adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5640) and will not be republished.

Reasoned Justification.

The adopted new rule authorizes the Council through its member boards to accept remediation of any licensing requirement that is not required by statute or federal law.

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.

Two commenters expressed support for the rule as a reasonable and logical change to support those seeking licensure.

Agency Response.

The Council thanks 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.