TITLE 22. EXAMINING BOARDS

PART 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS

CHAPTER 5. REGISTERED INTERIOR DESIGNERS

Introduction. The Texas Board of Architectural Examiners (Board) adopts amendments to §5.5, concerning Terms Defined Herein, and the repeal of §5.34, concerning Fees. The amendments are adopted without changes to the proposed text published in the December 23, 2016, issue of the Texas Register(41 TexReg 10058).

Reasoned Justification. The adopted rules implement changes resulting from the Board’s review of 22 Tex. Admin. Code Chapter 5, as required under Texas Government Code, §2001.039.

Amendment of §5.5

The Board amends §5.5 to modify certain terms and definitions. Under §5.5(2), the Board previously defined the term "actual signature." However, the term "actual signature" does not appear in the Board’s rules. Rather, the Board’s rules make reference to the term "signature." Because the Board’s rules do not include the term "actual signature," the Board amends the rule to define the term "signature" with the definition previously used for "actual signature."

The Board adopts a definition for "Architectural Barriers Act" under §5.5(5). The Architectural Barriers Act is contained in Government Code Chapter 469, and requires certain buildings and facilities to be accessible to and functional for persons with disabilities. §5.180 references the Architectural Barriers Act, but does not provide a citation. Defining this term will promote greater understanding of the Board’s rules.

The Board deletes the term and definition for "authorship" under previous §5.5(7). The Board rules do not contain any references to the terms "authorship" or "author." Therefore, it is unnecessary to define this term.

The Board adopts clarifying amendments to §5.5(15) and (37), relating to the definitions for "Consultant" and "Registrant." Previously, these definitions referred to the term "interior designer" rather than "registered interior designer." Since "registered interior designer" is the regulated term under Tex. Occ. Code 1053.151 and the term used elsewhere in the Board’s rules, the Board amends these definitions to refer to "registered interior designer."

The Board deletes the term and definition for "e-mail directory" under former §5.5(22). The Board rules do not reference the term "e-mail directory." Therefore, it is unnecessary to define this term.

The Board amends the definition for "Interior Designers’ Registration Law," which is the Board’s common title for Occupations Code Chapter 1053. In defining this term, the rule previously referred to Chapter 1053, as well as Article 249e, Vernon's Texas Civil Statutes. Because the citation to Article 249e is obsolete following the 2003 codification of Occupations Code Chapter 1053, the Board has eliminated this reference in the definition.

Due the addition and/or deletion of the definitions for "Architectural Barriers Act," "authorship," and "e-mail directory," and the alphabetical re-ordering of the definition for "signature," §5.5 is renumbered accordingly.

Repeal of §5.34

The Board repeals §5.34. Previously, this rule stated that the Board shall establish a schedule of fees, and that the schedule shall be published and copies made available at the Board’s office. This rule was adopted at a time, prior to 2005, when the Board did not adopt a fee schedule by rule, and instead made copies of the fee schedule available in the Board’s offices. Under current practices, in which the fee schedule is adopted and published under §7.10, this rule is inaccurate and redundant.

Summary of Comments and Agency Response. The Board did not receive any comments on the proposed rules.

SUBCHAPTER A. SCOPE; DEFINITIONS

22 TAC §5.5

Statutory Authority.

Amended §5.5 is adopted under Sections 1051.202, 1053.058 and 1053.252(8) of the Texas Occupations Code.

Section 1051.202 authorizes the Board to adopt reasonable rules as necessary to regulate the practices of architecture, landscape architecture, and interior design.

Section 1053.058 requires the Board to prescribe and approve the seal to be used by a registered interior designer. Pursuant to this authority, the Board has adopted rules which require an registered interior designer to seal certain documents, and to include his or her signature with the seal. For this reason, the Board adopts a definition for the term "signature."

Section 1053.252(8) authorizes the Board to take disciplinary action against a person who fails to provide or to timely provide to the Texas Department of Licensing and Regulation any document designated by Chapter 469, Government Code, as a document the person is required to provide to the department. The common name for Chapter 469 is the Architectural Barriers Act, a term which the Board defines in this rulemaking action.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 3, 2017.

TRD-201700839

Lance Brenton

General Counsel

Texas Board of Architectural Examiners

Effective date: March 23, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 305-8519


SUBCHAPTER B. ELIGIBILITY FOR REGISTRATION

22 TAC §5.34

STATUTORY AUTHORITY

The repeal of §5.34 is adopted under Sections 1051.202, 1051.305, 1051.355, 1051.357, 1053.052, and 1053.156 of the Texas Occupations Code. The repealed rule described the processes the Board used in establishing a fee schedule. The cited statutes provide the Board with obligations and authorizations with respect to collection of fees, as follows:

1051.202 authorizes the Board to adopt reasonable rules as necessary to regulate the practices of architecture, landscape architecture, and interior design.

Section 1051.305 authorizes the Board to set a fee in a reasonable and necessary amount to cover the cost of processing and investigating an application for registration by reciprocity.

Section 1051.355 requires the Board to prescribe a renewal fee for a registrant on inactive status.

Section 1051.357 requires the Board to set a renewal fee for registrants on emeritus status in an amount reasonable and necessary to recover the costs to administer this section.

Section 1053.052 requires the Board to set certain fees, in amounts that are reasonable and necessary to cover the costs of administering Chapter 1053 (Interior Designers), including a registration application fee, an annual registration renewal fee, a reciprocal registration fee and an examination fee. Furthermore, Section 1053.052 authorizes the Board to set fees for other services, in amounts that are reasonable and necessary to cover the costs of administering Chapter 1053, including providing a duplicate certificate of registration, providing a roster of interior designers, reinstating a revoked or suspended certificate of registration, and performing any other board action involving an administrative expense. Additionally, Section 1053.052 authorizes the Board to accept payment of a fee by electronic means, and to charge a fee for such collection in an amount that is reasonably related to the expense incurred by the board in processing the payment.

Section 1053.156 requires the Board to set a renewal fee for interior designer registrants on emeritus status in an amount reasonable and necessary to recover the costs to administer such registrations.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 3, 2017.

TRD-201700840

Lance Brenton

General Counsel

Texas Board of Architectural Examiners

Effective date: March 23, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 305-8519


PART 5. STATE BOARD OF DENTAL EXAMINERS

CHAPTER 104. CONTINUING EDUCATION

22 TAC §104.6

The State Board of Dental Examiners (Board) adopts amended rule §104.6 concerning continuing education audits. This rule is adopted without changes to the proposed text as published in the December 16, 2016, issue of the Texas Register (41 TexReg 9855).

Amended rule §104.6 establishes a process for the auditing of continuing education requirements upon renewal of licensure.

The Board received no written comments on this rule.

Rule §104.6 is adopted under Texas Occupations Code §254.001(a). The Board interprets §254.001(a) to give the Board authority to adopt rules necessary to perform its duties and ensure compliance with state law relating to the practice of dentistry to protect the public health and safety. No other statutes, articles, or codes are affected by the rule.

No statutes are affected by these adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 28, 2017.

TRD-201700788

Kelly Parker

Executive Director

State Board of Dental Examiners

Effective date: March 20, 2017

Proposal publication date: December 16, 2016

For further information, please call: (512) 475-0977


CHAPTER 107. DENTAL BOARD PROCEDURES

SUBCHAPTER E. DATA REPORTING

22 TAC §107.400

The State Board of Dental Examiners (Board) adopts new rule §107.400 concerning collection and reporting of enforcement and licensing data. This rule is adopted without changes to the proposed text as published in the December 16, 2016, issue of the Texas Register (41 TexReg 9855).

New rule §107.400 establishes the types of licensing data the Board will collect and report on.

The Board received no written comments on this rule.

Rule §107.400 is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety. No statutes are affected by this adopted new rule.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 28, 2017.

TRD-201700787

Kelly Parker

Executive Director

State Board of Dental Examiners

Effective date: March 20, 2017

Proposal publication date: December 16, 2016

For further information, please call: (512) 475-0977


PART 35. TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS

The Texas State Board of Examiners of Marriage and Family Therapists (board) adopts amendments to §§801.2, 801.44, 801.48, 801.115, 801.142, 801.143, 801.204, 801.235, and 801.236, and adopts new 801.57 and §801.58, concerning marriage and family therapists, without changes to the proposed text as published in the December 2, 2016, issue of the Texas Register (41 TexReg 9435), and, therefore, the sections will not be republished.

BACKGROUND AND PURPOSE

The amendments and new sections modify requirements for technology-assisted services, supervised clinical experience, requirements for supervisors, and late renewal. The amendments also implement House Bill (HB) 1449 of the 84th Legislature, Regular Session, 2015, relating to child custody evaluations and adoption evaluations conducted and testimony provided in certain suits affecting the parent-child relationship; and Senate Bill (SB) 807 and SB 1307 of the 84th Legislature, Regular Session, 2015, relating to occupational licenses for military service members, military veterans, and military spouses.

HB 1449 amended Family Code, Chapter 107, relating to Special Appointments, Child Custody Evaluations, and Adoption Evaluations. SB 1307 amended Occupations Code, Chapter 55, relating to Licensing of Military Service Members, Military Veterans, or Military Spouses.

SECTION-BY-SECTION SUMMARY

Subchapter A. Introduction.

Amendments to §801.2 define "technology-assisted services" and conform the definition of "administrative law judge" to the definition in Government Code, Chapter 2003 (relating to State Office of Administrative Hearings).

Subchapter C. Guidelines for Professional Therapeutic Services and Code of Ethics.

Amendments to §801.44 replace outdated language with "technology-assisted services."

Amendments to §801.48 update and correct citations, grammar, and other technical form.

New §801.57 implements HB 1449, establishing requirements regarding child custody evaluations and adoption evaluations, and prohibiting licensed marriage and family therapist associates from conducting child custody evaluations or adoption evaluations unless allowed by law.

New §801.58 establishes requirements for the practice of technology-assisted services.

Subchapter F. Academic Requirements for Examination and Licensure.

Amendments to §801.115 clarify the requirements for education endorsement for applicants who hold current out-of-state licenses.

Subchapter G. Experience Requirements for Licensure.

Amendments to §801.142 modify requirements for supervised clinical experience for licensed marriage and family therapy associates regarding practicum hours; update language regarding technology-assisted services; delete the requirement for a licensed marriage and family associate to have a Supervisory Agreement Form on file for each location where the licensed marriage and family associate practices; and require the supervisor to retain information on where the associate practices.

Amendments to §801.143 delete obsolete requirements for a continuing education course in clinical supervision and add the requirement for supervisors to take the jurisprudence exam each license renewal period.

Subchapter I. Licensing.

Amendments to §801.204 add definitions for active duty, license, and U.S. Armed Forces; update definitions for military service member, military veteran, and military spouse; delete outdated language relating to licensing; and update requirements in accordance with Occupations Code, Chapter 55.

Subchapter J. License Renewal and Inactive Status.

Amendment to §801.235 clarifies late renewal fees.

Amendments to §801.236 add continuing education requirements to licensees on inactive status and require a licensee on inactive status to complete the jurisprudence exam before returning to active status.

In all amended sections, the amendments revise grammar and citations, correct errors, and renumber divisions as necessary.

COMMENTS

The board has reviewed and prepared responses to the comments received regarding the proposed rules during the comment period. The commenters included Texas Counseling Association (TCA) and Texas Association for Marriage and Family Counselors (TAMFC). Commenters were generally in favor of the rules; however, some commenters suggested recommendations for change as discussed in the summary of comments.

COMMENT: Concerning §801.2(29) and §801.58, TCA stated that they honored and respected the thorough research and discussion that the board conducted during the process of developing the rules regarding technology-assisted services (TAS). The board diligently reviewed rules not only from other licensing boards, but also investigated how other fields are managing the use of technology, and the board created language that is comprehensive and that clearly delineates minimum standards of practice.

RESPONSE: The board appreciates the support. No changes were made as a result of the comments.

COMMENT: Concerning §801.58(c), TCA stated that they understood that the purpose of this section is to limit clinicians from other states from practicing therapy with Texas residents unless they are licensed in Texas. If this understanding is correct, then the commenter suggested that this restriction belies the purpose of TAS and unnecessarily limits the Texas public's access to critical care provided by clinicians from other states. The commenter encouraged the board to pursue reciprocity agreements with other states, wherein Texas licenses are honored in their states to practice with their residents and vice versa.

RESPONSE: The board concurs with your understanding; however reciprocity agreements with other states are the jurisdiction of the Texas Legislature. No changes were made as a result of the comments.

COMMENT: Concerning §801.58(c), TAMFC requested to have a reciprocity agreement among other states to provide therapeutic services to individuals living in other states. The commenter also requested to have a section in the informed consent for clients to use TAS regardless of residency.

RESPONSE: The board concurs with your comments, however reciprocity agreements with other states are the jurisdiction of the Texas Legislature. No changes were made as a result of the comments.

COMMENT: Concerning §801.58(d), TCA appreciated the board's desire to ensure that clinicians providing TAS have received adequate training to do so, and agreed with the requirements set forth in this section.

RESPONSE: The board appreciates the support. No changes were made as a result of the comments.

COMMENT: Concerning §801.58(e)(3), TCA stated that at the start of each session with a client, licensees should obtain "appropriate consents from clients;" it appears as if an informed consent form must be reviewed and signed each time. However, the commenter did not think this interpretation was the intent of the board, and suggested that the board give details about what constitutes "appropriate consent" for each session so that clinicians can understand and comply with the board's expectations.

RESPONSE: The board's current interpretation of "appropriate consent" is client approval, verbal or written, of TAS for the current session's location and time. No changes were made as a result of the comments.

COMMENT: Concerning §801.58(e)(3), TAMFC requested that the board be more specific on what "appropriate consent" would look like.

RESPONSE: The board will research creating guidelines or policies that address the "appropriate consent." No changes were made as a result of the comment.

COMMENT: Concerning §801.115(1), TCA agreed with the board's efforts to ensure that persons applying for reciprocity to practice in Texas meet minimum standards and are competent. The commenter stated that the changes in this rule allow adequate latitude for the board to review applicants who may be competent to practice but do not meet the "immediate 5 years" requirement, and appreciated the board's willingness to review and offer expanded reciprocity.

RESPONSE: The board appreciates the support. No changes were made as a result of the comments.

COMMENT: Concerning §801.142(1)(A)(i)(IV), TCA and TAMFC thanked the board for allowing excess pre-graduate practicum hours to count toward post-graduate licensure supervised clinical experience hours. This allowance removes obstacles and encourages clinicians to pursue this important licensure.

RESPONSE: The board appreciates the support. No changes were made as a result of the comments.

COMMENT: Concerning §801.142, a commenter thanked the board for removing the requirement to submit a new "Supervisory Agreement Form" for each location of practice and for allowing supervisors to track LMFT-Associates' practice locations. This change reduces confusion and paperwork for all involved, including Texas State Board of Examiners of Marriage and Family Therapists' staff, LMFT-Supervisors, and LMFT-Associates.

RESPONSE: The board appreciates the support. No changes were made as a result of the comments.

COMMENT: Concerning §801.142(1)(D), TCA thanked the board for adding specific requirements for LMFT-Supervisors' supervision files for LMFT-Associates. This clarity helps both LMFT-Supervisors and LMFT-Associates to ensure they understand and are in compliance with board expectations.

RESPONSE: The board appreciates the support. No changes were made as a result of the comments.

COMMENT: Concerning §801.142(1)(D)(ii), TCA requested clarification as to what constitutes "proof of board approval of the Supervisory Agreement Form," as this broad expectation makes the board's expectations unclear. Will supervisors receive a letter of approval? Does the LMFT-Associate receiving their license (when the Supervisory Agreement Form was submitted with their application packet) constitute approval? Clarification is requested on what documentation is needed to satisfy this requirement.

RESPONSE: The board defines "proof of board approval of the Supervisory Agreement Form" as a copy of the Supervisory Agreement Form with the date approved and board's staff initials or a letter stating approval of the supervisor from the board's staff. No changes were made as a result of the comments.

COMMENT: Concerning §801.143(o), TCA agreed with the board to ensure that competent supervision is being provided by requiring supervisors to complete the Jurisprudence Exam every licensure renewal period.

RESPONSE: The board appreciates the support. No changes were made as a result of the comments.

COMMENT: Concerning §801.235(a), TCA agreed with increasing fees required for renewing a license based on longer periods of expiration.

RESPONSE: The board appreciates the support. No changes were made as a result of the comments.

COMMENT: Concerning §801.236(d), TCA agreed with the board's concern regarding ensuring competence before clinicians' return to active status after a period of inactivity, but the commenter was concerned about requiring the completion of continuing education units (CEUs) during the inactive status period. Inactive status is essentially helpful to clinicians who wish to maintain their licensure but are unable to practice, which the commenter assumed would also make it difficult to gain CEUs. The commenter supported requiring the completion of 15 CEUs prior to returning to active status, but not for "each renewal period" during inactive status.

RESPONSE: The board disagrees with the comments because the board wants to insure the continued competence of licensees. No changes were made as a result of the comments.

COMMENT: Concerning §801.236, TAMFC stated that a licensee has to report inactive status and pay a fee of $75. In subsection (d), before returning to active status, a licensee will have to complete the 15 hours of continuing education per year of inactive period before a licensee can return to active status. After 5 years of inactive status, a clinician must report in front of the board and the board will discern what steps are necessary to become active.

RESPONSE: The board disagrees with the comment because the board wants to insure the continued competence of licensees and feels that having the person appear in front of the board is too broad or creates inconsistency. No changes were made as a result of the comments.

SUBCHAPTER A. INTRODUCTION

22 TAC §801.2

STATUTORY AUTHORITY

The amendment is adopted under Occupations Code §502.152, which authorizes the board to adopt rules necessary for the performance of its duties; Occupations Code §§55.002, 55.004, and 55.007, which authorize the board to adopt rules related to licensing military service members, military veterans, and military spouses; Occupations Code §55.007; HB 1449, Article 5, which directs the board to adopt rules that require license holders to comply with Family Code, Chapter 107, Subchapters D-F.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 6, 2017.

TRD-201700849

Jennifer Smothermon, M.A., LPC, LMFT

Chair

Texas State Board of Examiners of Marriage and Family Therapists

Effective date: March 26, 2017

Proposal publication date: December 2, 2016

For further information, please call: (512) 776-6972


SUBCHAPTER C. GUIDELINES FOR PROFESSIONAL THERAPEUTIC SERVICES AND CODE OF ETHICS

22 TAC §§801.44, 801.48, 801.57, 801.58

STATUTORY AUTHORITY

The amendments and new rules are adopted under Occupations Code §502.152, which authorizes the board to adopt rules necessary for the performance of its duties; Occupations Code §§55.002, 55.004, and 55.007, which authorize the board to adopt rules related to licensing military service members, military veterans, and military spouses; Occupations Code §55.007; HB 1449, Article 5, which directs the board to adopt rules that require license holders to comply with Family Code, Chapter 107, Subchapters D-F.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 6, 2017.

TRD-201700850

Jennifer Smothermon, M.A., LPC, LMFT

Chair

Texas State Board of Examiners of Marriage and Family Therapists

Effective date: March 26, 2017

Proposal publication date: December 2, 2016

For further information, please call: (512) 776-6972


SUBCHAPTER F. ACADEMIC REQUIREMENTS FOR EXAMINATION AND LICENSURE

22 TAC §801.115

STATUTORY AUTHORITY

The amendment is adopted under Occupations Code §502.152, which authorizes the board to adopt rules necessary for the performance of its duties; Occupations Code §§55.002, 55.004, and 55.007, which authorize the board to adopt rules related to licensing military service members, military veterans, and military spouses; Occupations Code §55.007; HB 1449, Article 5, which directs the board to adopt rules that require license holders to comply with Family Code, Chapter 107, Subchapters D-F.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 6, 2017.

TRD-201700851

Jennifer Smothermon, M.A., LPC, LMFT

Chair

Texas State Board of Examiners of Marriage and Family Therapists

Effective date: March 26, 2017

Proposal publication date: December 2, 2016

For further information, please call: (512) 776-6972


SUBCHAPTER G. EXPERIENCE REQUIREMENTS FOR LICENSURE

22 TAC §801.142, §801.143

STATUTORY AUTHORITY

The amendments are adopted under Occupations Code §502.152, which authorizes the board to adopt rules necessary for the performance of its duties; Occupations Code §§55.002, 55.004, and 55.007, which authorize the board to adopt rules related to licensing military service members, military veterans, and military spouses; Occupations Code §55.007; HB 1449, Article 5, which directs the board to adopt rules that require license holders to comply with Family Code, Chapter 107, Subchapters D-F.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 6, 2017.

TRD-201700852

Jennifer Smothermon, M.A., LPC, LMFT

Chair

Texas State Board of Examiners of Marriage and Family Therapists

Effective date: March 26, 2017

Proposal publication date: December 2, 2016

For further information, please call: (512) 776-6972


SUBCHAPTER I. LICENSING

22 TAC §801.204

STATUTORY AUTHORITY

The amendment is adopted under Occupations Code §502.152, which authorizes the board to adopt rules necessary for the performance of its duties; Occupations Code §§55.002, 55.004, and 55.007, which authorize the board to adopt rules related to licensing military service members, military veterans, and military spouses; Occupations Code §55.007; HB 1449, Article 5, which directs the board to adopt rules that require license holders to comply with Family Code, Chapter 107, Subchapters D-F.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 6, 2017.

TRD-201700853

Jennifer Smothermon, M.A., LPC, LMFT

Chair

Texas State Board of Examiners of Marriage and Family Therapists

Effective date: March 26, 2017

Proposal publication date: December 2, 2016

For further information, please call: (512) 776-6972


SUBCHAPTER J. LICENSE RENEWAL AND INACTIVE STATUS

22 TAC §801.235, §801.236

STATUTORY AUTHORITY

The amendments are adopted under Occupations Code §502.152, which authorizes the board to adopt rules necessary for the performance of its duties; Occupations Code §§55.002, 55.004, and 55.007, which authorize the board to adopt rules related to licensing military service members, military veterans, and military spouses; Occupations Code §55.007; HB 1449, Article 5, which directs the board to adopt rules that require license holders to comply with Family Code, Chapter 107, Subchapters D-F.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 6, 2017.

TRD-201700854

Jennifer Smothermon, M.A., LPC, LMFT

Chair

Texas State Board of Examiners of Marriage and Family Therapists

Effective date: March 26, 2017

Proposal publication date: December 2, 2016

For further information, please call: (512) 776-6972