TITLE 22. EXAMINING BOARDS

PART 21. TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS

CHAPTER 463. APPLICATIONS AND EXAMINATIONS

22 TAC §463.11

The Texas State Board of Examiners of Psychologists adopts amendment §463.11, concerning Licensed Psychologist without changes to the proposed text published in the January 13, 2017, issue of the Texas Register (42 TexReg 42) and will not be republished.

The amendment is being adopted to ensure the protection and safety of the public. The amendment as adopted is necessary to continue recognizing the supervised experience acquired by psychological associates and specialists in school psychology for purposes of full licensure. Absent this amendment, an LPA or LSSP undergoing his or her informal year of supervised experience would be unable to count that experience toward the licensure requirements of subsection (d) of this rule if he or she were not also a provisional trainee or PLP. Because an applicant who holds an LPA or LSSP license is already subject to the full range of Board rules, and because any individual utilizing one of these licenses during their informal year of supervised experience must be supervised by a licensed psychologist, requiring an already licensed individual to obtain provisional trainee status or provisional licensure before acquiring any post-doctoral supervised experience is unnecessary.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists 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.

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 9, 2017.

TRD-201700950

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: March 29, 2017

Proposal publication date: January 13, 2017

For further information, please call: (512) 305-7706


CHAPTER 469. COMPLAINTS AND ENFORCEMENT

22 TAC §469.13

The Texas State Board of Examiners of Psychologists adopts a repeal to §469.13, concerning Non-Compliance with Professional Development Requirements without changes to the proposed text published in the December 16, 2016, issue of the Texas Register (41 TexReg 9873) and will not be republished.

The repeal is being adopted to ensure the protection and safety of the public. The repeal as adopted is reflects a shift in policy away from treating the failure to report compliance with the Board's professional development requirements as a rule violation that should result in discipline. The Board's intent behind this proposed change, together with the proposed change to Board rule §471.1, is to treat compliance with the professional development requirements as a prerequisite for renewing a license. This adopted change is also intended to ease the burden on enforcement staff by eliminating the need to open a CE complaint every time a licensee fails to indicate compliance with Board rule §461.11 when renewing his or her license.

No comments were received regarding the adoption of the repeal.

The repeal is adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists 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.

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 9, 2017.

TRD-201700951

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: March 29, 2017

For further information, please call: (512) 305-7706


CHAPTER 471. RENEWALS

22 TAC §471.1

The Texas State Board of Examiners of Psychologists adopts a repeal to §471.1, concerning Notification of Renewal without changes to the proposed text published in the December 16, 2016, issue of the Texas Register (41 TexReg 9874) and will not be republished.

The repeal is being adopted to ensure the protection and safety of the public. The repeal as adopted, together with the newly proposed version of the rule, reflects a shift in policy toward recognizing compliance with Board rule §461.11 as a condition of renewal, rather than noncompliance serving as a basis for disciplinary action. The Board's intent behind this proposed change is to treat compliance with the professional development requirements as a prerequisite for renewing a license, and thereby reduce the need to open complaints against those licensees who fail to report their professional development hours when renewing their license.

No comments were received regarding the adoption of the repeal.

The repeal is adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists 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.

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 9, 2017.

TRD-201700952

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: March 29, 2017

Proposal publication date: December 16, 2016

For further information, please call: (512) 305-7706

22 TAC §471.1

The Texas State Board of Examiners of Psychologists adopts new rule §471.1, concerning Renewal of a License without changes to the proposed text published in the December 16, 2016, issue of the Texas Register (41 TexReg 9874) and will not be republished.

The new rule is being adopted to ensure the protection and safety of the public. The new rule as adopted which reflects a shift in policy toward recognizing compliance with Board rule §461.11 as a condition of renewal, rather than noncompliance serving as a basis for disciplinary action. The Board's intent behind this proposed change is to treat compliance with the professional development requirements as a prerequisite for renewing a license, and thereby reduce the need to open complaints against those licensees who fail to report their professional development hours when renewing their license.

No comments were received regarding the adoption of the new rule.

The new rule is adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists 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.

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 9, 2017.

TRD-201700953

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: March 29, 2017

Proposal publication date: December 16, 2016

For further information, please call: (512) 305-7706


PART 22. TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY

CHAPTER 511. ELIGIBILITY

SUBCHAPTER F. EXPERIENCE REQUIREMENTS

22 TAC §511.123

The Texas State Board of Public Accountancy adopts an amendment to §511.123, concerning Reporting Work Experience, without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 381) and will not be republished.

The amendment to §511.123 is a clarification of full-time and part-time work experience needed for the issuance of the CPA certificate.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 9, 2017.

TRD-201700955

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


SUBCHAPTER H. CERTIFICATION

22 TAC §511.163

The Texas State Board of Public Accountancy adopts an amendment to §511.163, concerning Board-Approved Ethics Requirement and Examination on the Rules of Professional Conduct, without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 382). The amended rule will not be republished.

The amendment to §511.163 clarifies when an ethics course needs to be completed for the issuance of the CPA certificate.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 9, 2017.

TRD-201700956

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


CHAPTER 523. CONTINUING PROFESSIONAL EDUCATION

SUBCHAPTER A. CONTINUING PROFESSIONAL EDUCATION PURPOSE AND DEFINITIONS

22 TAC §523.102

The Texas State Board of Public Accountancy adopts an amendment to §523.102, concerning CPE Purpose and Definitions, without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 383). The amended rule will not be republished.

The amendment to §523.102 incorporates most of the recent changes to the Statement on Standards for Continuing Professional Education Programs (Standards) published jointly by the American Institute of Certified Public Accountants (AICPA) and the National Association of State Boards of Accountancy (NASBA).

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 9, 2017.

TRD-201700957

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


SUBCHAPTER B. CONTINUING PROFESSIONAL EDUCATION RULES FOR INDIVIDUALS

22 TAC §523.110

The Texas State Board of Public Accountancy adopts an amendment to §523.110, concerning Establishment of Required CPE Program Standards, without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 385). The amended rule will not be republished.

The amendment to §523.110 deletes the phrase "credit hours" and replaces it with "credits" and revises the title of §523.118 to more accurately reflect the regulation.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 9, 2017.

TRD-201700958

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


22 TAC §523.111

The Texas State Board of Public Accountancy adopts an amendment to §523.111, concerning Required CPE Reporting, without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 386). The amended rule will not be republished.

The amendment to §523.111 deletes the phrase "credit hours" and replaces it with "credits" and adds "or electronic record" in order to have a clearer understanding of acceptable evidence of CPE completion.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 9, 2017.

TRD-201700959

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


22 TAC §523.112

The Texas State Board of Public Accountancy adopts an amendment to §523.112, concerning Required CPE Participation, without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 387) and will not be republished.

The amendment to §523.112 deletes the word "hours" and replaces it with "CPE credits" or "credits" and makes other minor grammatical revisions.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 9, 2017.

TRD-201700960

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


22 TAC §523.113

The Texas State Board of Public Accountancy adopts an amendment to §523.113, concerning Exemptions from CPE, without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 388). The amended rule will not be republished.

The amendment to §523.113 incorporates most of the recent changes to the Statement on Standards for Continuing Professional Education Programs (Standards) published jointly by the American Institute of Certified Public Accountants (AICPA) and the National Association of State Boards of Accountancy (NASBA).

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 9, 2017.

TRD-201700961

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


22 TAC §523.114

The Texas State Board of Public Accountancy adopts an amendment to §523.114, concerning Disciplinary Actions Relating to CPE, without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 389) and will not be republished.

The amendment to §523.114 deletes the phrase "credit hours" and replaces it with "credits."

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 9, 2017.

TRD-201700962

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


22 TAC §523.115

The Texas State Board of Public Accountancy adopts an amendment to §523.115, concerning Credits for Instructors and Discussion Leaders, without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 390) and will not be republished.

The amendment to §523.115 clarifies that multiple instructors shall receive proportional CPE credit when serving at a program and deletes the phrase "credit hours" and replaces it with "CPE credits."

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 9, 2017.

TRD-201700963

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


22 TAC §523.116

The Texas State Board of Public Accountancy adopts an amendment to §523.116, concerning Authors of Published Articles and Books, without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 390) and will not be republished.

The amendment to §523.116 clarifies that reviewers of published articles and books may receive CPE credits, deletes the phrase "credit hours" and replaces it with "CPE credits" or "credits," and deletes subsection (c) so it can be relocated to a more appropriate rule.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 9, 2017.

TRD-201700964

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


22 TAC §523.118

The Texas State Board of Public Accountancy adopts an amendment to §523.118, concerning Limitations of Courses, without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 391) and will not be republished.

The amendment to §523.118 adds subsections (b) and (c) to clarify how many CPE credits can be awarded upon the completion of certain programs, revises the rule title and deletes the phrase "credit hours" and replaces it with "credits."

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 9, 2017.

TRD-201700965

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


22 TAC §523.119

The Texas State Board of Public Accountancy adopts an amendment to §523.119, concerning Alternative Sources of CPE, without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 392) and will not be republished.

The amendment to §523.119 deletes the phrase "credit hours" and replaces it with "CPE credits" or "credits" and clarifies reporting of those credits.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 9, 2017.

TRD-201700966

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


22 TAC §523.121

The Texas State Board of Public Accountancy adopts an amendment to §523.121, concerning CPE for Non-CPA Owners, without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 393) and will not be republished.

The amendment to §523.121 deletes the word "hours" and replaces it with "CPE credits" or "credits."

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 9, 2017.

TRD-201700967

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


SUBCHAPTER C. ETHICS RULES: INDIVIDUALS AND SPONSORS

22 TAC §523.130

The Texas State Board of Public Accountancy adopts an amendment to §523.130, concerning Ethics Course Requirements, without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 394) and will not be republished.

The amendment to §523.130 deletes the word "hour" and replaces it with "CPE credit" and deletes the phrase "if due" in subsection (c).

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 9, 2017.

TRD-201700968

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


22 TAC §523.131

The Texas State Board of Public Accountancy adopts an amendment to §523.131, concerning Board Approval of Ethics Course Content, without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 394) and will not be republished.

The amendment to §523.131 deletes the word "hour" and replaces it with "CPE credit" and makes a grammatical change in subsection (b)(3).

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 9, 2017.

TRD-201700969

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


22 TAC §523.132

The Texas State Board of Public Accountancy adopts an amendment to §523.132, concerning Board Contracted Ethics Instructors, without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 396) and will not be republished.

The amendment to §523.132 eliminates the requirement for ethics training for instructors and a minor clerical change in subsection (b)(1).

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 9, 2017.

TRD-201700970

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


SUBCHAPTER D. STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS AND RULES FOR SPONSORS

22 TAC §523.140

The Texas State Board of Public Accountancy adopts an amendment to §523.140, concerning Program Standards, with changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 397) and will be republished. The changes, a spelling correction, can be found in subsection (g)(2).

The amendment to §523.140 incorporates recent changes made to the Statement on Standards for Continuing Professional Education Programs (Standards) published jointly by the American Institute of Certified Public Accountants (AICPA) and the National Association of State Boards of Accountancy (NASBA).

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

§523.140.Program Standards.

(a) Potential participants should be informed in advance of course content, learning objectives, prerequisites, and recommended credits so they can determine whether they are qualified to participate in and benefit from the program. The stated learning objectives should clearly communicate the specific areas of knowledge that will be covered. If there are no prerequisites for the course, a statement to this effect must be made.

(b) The program developer must organize the program around the stated learning objectives and must retain a copy of the final program, including electronic media, in accordance with §523.143(b) of this chapter (relating to Sponsor's Record). The final program must contain sufficient documentation to support the number of CPE credits granted. The course materials must be periodically reviewed to assure that they are accurate and consistent with currently accepted standards relating to the program's subject matter. The program developer should provide the instructor with separate materials that emphasize sections of the course that need reinforcement, if appropriate.

(c) Instructors must be qualified both with respect to program content and teaching methods used. Sponsors shall evaluate the performance of instructors at the conclusion of each program to determine their suitability for continuing to serve as instructors.

(d) All programs must provide for some means to evaluate both the competence of the instructor and the course material. Refer to §523.141 of this chapter (relating to Evaluation).

(e) Self-study programs must conform to the requirements outlined in §523.102(c)(2) of this chapter (relating to CPE Purpose and Definitions).

(1) Program must include at least five review questions, or two review questions if the program is marketed for one-half CPE credits, at the end of each learning objective (section/chapter) to allow the participant the opportunity to understand the material. Evaluative feedback must be provided for each incorrect response. At least five review questions per CPE credit must be included.

(2) To provide evidence of satisfactory completion of the course, CPE sponsors must require participants to successfully complete a final exam with a passing grade of at least 70%. The final exam must have at least five questions for each CPE credit granted and no more than 25% of the questions be "true/false" in nature.

(3) Program or course expiration date. Course documentation must include an expiration date (the time by which the participant must complete the final exam). The expiration date should be no longer than one year from the date of purchase.

(f) Nano programs must use instructional methods that clearly define a minimum of one learning objective, guide the participant through a program of learning, and provide evidence of a participant's satisfactory completion of the program. Satisfactory completion of the program must be confirmed at the conclusion of the program by passing a final exam.

(1) To provide evidence of satisfactory completion of the course, CPE sponsors must require participants to successfully complete a final exam with a passing grade of 100 percent before issuing CPE credit for the course. The final exam may contain questions of varying format (for example, multiple choice, rank order, and matching). Only two questions must be included on the final exam. "True or false" questions are not permissible on the final exam. If the participant fails the final exam CPE credit will not be granted. The participant may re-take the program and the number of re-takes permitted is at the sponsor's discretion.

(2) Program or course expiration date. Course documentation must include an expiration date. The expiration date is no longer than one year from the date of purchase.

(3) Based on materials developed for instructional use, Nano programs must be based on materials specifically developed for instructional use and not on third-party materials. Nano learning programs requiring only the reading of general professional literature, IRS publications, or reference manuals followed by an assessment will not be acceptable.

(g) Blended programs must use instructional methods that clearly define learning objectives and guide the participant through a program of learning. Pre-program, post-program, and homework assignments should enhance the learning program experience and must relate to the defined learning objectives of the program.

(1) Blended programs include different learning or instructional methods (for example, lectures, discussion, guided practice, reading, games, case studies, and simulation); different delivery methods (group live, group Internet based, nano learning, or self study); and/or different levels of guidance (for example, individual, instructor or subject matter expert led, or group and social learning). To guide participants through the learning process, CPE program sponsors must provide clear instructions and information to participants that summarize the different components of the program and what must be completed or achieved during each component in order to qualify for CPE credits. The CPE program sponsor must document the process and components of the course progression and completion of components by the participants.

(2) To provide evidence of satisfactory completion of sections of the course that are not "live" (such as nano or self-study) CPE sponsors must require participants to successfully complete an exam with a passing grade appropriate to the delivery method (i.e. 70% for self-study, 100% for nano).

(h) Sponsors are responsible for ensuring the participants register their attendance during the program. Sponsors are responsible for assigning the appropriate number of CPE credits for participants, including reduced CPE credits for those participants who arrive late or leave early. Refer to §523.142 of this chapter (relating to Program Time Credit Measurement for Sponsors).

(i) Sponsors must comply with all CPE rules including §523.143 of this chapter.

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 9, 2017.

TRD-201700971

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


22 TAC §523.141

The Texas State Board of Public Accountancy adopts an amendment to §523.141, concerning Evaluation, without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 399). The amended rule will not be republished.

The amendment to §523.141 incorporates changes recently made to the Statement on Standards for Continuing Professional Education Programs (Standards) published jointly by the American Institute of Certified Public Accountants (AICPA) and the National Association of State Boards of Accountancy (NASBA).

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 9, 2017.

TRD-201700972

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


22 TAC §523.142

The Texas State Board of Public Accountancy adopts an amendment to §523.142, concerning Program Time Credit Measurement for Sponsors, without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 399). The amended rule will not be republished.

The amendment to §523.142 incorporates recent changes to the Statement on Standards for Continuing Professional Education Programs (Standards) published jointly by the American Institute of Certified Public Accountants (AICPA) and the National Association of State Boards of Accountancy (NASBA).

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 9, 2017.

TRD-201700973

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


22 TAC §523.143

The Texas State Board of Public Accountancy adopts an amendment to §523.143, concerning Sponsor's Record, without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 401). The amended rule will not be republished.

The amendment to §523.143 incorporates recent changes to the Statement on Standards for Continuing Professional Education Programs (Standards) published jointly by the American Institute of Certified Public Accountants (AICPA) and the National Association of State Boards of Accountancy (NASBA).

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 9, 2017.

TRD-201700974

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


22 TAC §523.144

The Texas State Board of Public Accountancy adopts an amendment to §523.144, concerning Board Registered CPE Sponsors, without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 402). The amended rule will not be republished.

The amendment to §523.144 makes a minor grammatical change in subsection (b).

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 9, 2017.

TRD-201700975

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


22 TAC §523.145

The Texas State Board of Public Accountancy adopts an amendment to §523.145, concerning Obligations of the Sponsor, without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 403) and will not be republished.

The amendment to §523.145 deletes the phrase "credit hours" and replaces it with "CPE credits."

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 9, 2017.

TRD-201700976

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: March 29, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 305-7842


PART 24. TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS

CHAPTER 571. LICENSING

SUBCHAPTER A. GENERAL

22 TAC §571.1

The Texas Board of Veterinary Medical Examiners (Board) adopts amendments to §571.1, concerning Definitions. The amendments are adopted without changes to the proposed text as published in the December 16, 2016, issue of the Texas Register (41 TexReg 9875) and will not be republished.

Reasoned Justification

The amendments are adopted to clarify that the first regular license issued to a person is valid for at least one full year, which is the Board's current practice. Effective January 1, 2016, the Board transitioned from a calendar year renewal cycle to a renewal cycle based upon each licensee's birth month. However, the definition for "renewal year" did not clearly identify the length of the first renewal year for newly issued licenses. Under the adopted amendments, new licenses will be valid for at least one year, regardless of the length of time between licensure and the licensee's birth month. The purpose of amendment is to clarify the Board's current practice and to ensure that new licensees have at least a full year period before they are required to renew their license and pay the associated renewal fees.

Summary of Comments and Agency Response

One commenter was concerned to see proposed rulemaking by a Board without complete membership, but did not specifically address the merits of this proposed change. Another commenter proposed using the term "renewal cycle" instead of "renewal year," reasoning that the first renewal term will sometimes be longer than a year. However, the agency disagrees with this proposed change as most renewal terms will be approximately a year in length, and because the term "renewal year" is used consistently in the Board's Rules.

Statutory Authority

The amendment is adopted under the authority of the Veterinary Licensing Act, Texas Occupations Code, §801.151(a), which states that the Board may adopt rules necessary to administer the chapter; and §801.301(b) which states that the board by rule may adopt a system under which licenses expire on various dates during the year.

No other statutes, articles, or codes are affected by the adoption.

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-201700857

Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Effective date: March 26, 2017

Proposal publication date: December 16, 2016

For further information, please call: (512) 305-7563


CHAPTER 573. RULES OF PROFESSIONAL CONDUCT

SUBCHAPTER G. OTHER PROVISIONS

22 TAC §573.64

The Texas Board of Veterinary Medical Examiners (Board) adopts amendments to §573.64, concerning Continuing Education Requirements. The amendments are adopted without changes to the proposed text as published in the December 16, 2016, issue of the Texas Register (41 TexReg 9879) and will not be republished.

Reasoned Justification

Effective January 1, 2016, the Board transitioned from a calendar year renewal cycle to a renewal cycle based upon each licensee's birth month. The amendments are adopted to reflect this transition by replacing the term "calendar year" with "renewal year." The amendment also amends the deadline for licensees to request a hardship extension. Under the previous system, licensees were required to request a hardship extension by no later than December 15th. Under the amendment, licensees will be able to request a hardship extension up to the 15th day of the month three months prior to the last day of the licensee's birth month. This amendment allows licensees the same approximate amount of time to request a hardship exemption as they were allowed under the previous renewal system.

Summary of Comments and Agency Response

One commenter was concerned to see proposed rulemaking by a Board without complete membership, but did not specifically address the merits of this proposed change.

Statutory Authority

The amendments are adopted under the authority of the Veterinary Licensing Act, Texas Occupations Code, §801.151(a), which states that the Board may adopt rules necessary to administer the chapter; and §801.301(b) which states that the board by rule may adopt a system under which licenses expire on various dates during the year.

No other statutes, articles or codes are affected by the adoption.

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-201700858

Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Effective date: March 26, 2017

Proposal publication date: December 16, 2016

For further information, please call: (512) 305-7563


PART 34. TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS

CHAPTER 781. SOCIAL WORKER LICENSURE

The Texas State Board of Social Worker Examiners (board) adopts new rule §781.222 and adopts an amendment to §781.419, concerning the licensure and regulation of social workers, without changes to the proposed text as published in the October 28, 2016, issue of the Texas Register (41 TexReg 8454), and therefore, the sections will not be republished.

BACKGROUND AND PURPOSE

The new rule in §781.222 implements House Bill (HB) 1449, 84th Legislature, Regular Session, 2015, as it relates to child custody and adoption evaluations in certain suits affecting the parent-child relationship, by stipulating minimum qualifications for licensees who hold doctoral degrees to serve as a child custody evaluator and prohibiting a holder of a baccalaureate social worker license (LBSW) from conducting a child custody or adoption evaluation under amended Family Code, Chapter 107, unless the individual is otherwise qualified by law to conduct the evaluation.

The amendments to §781.419 implement Senate Bill (SB) 807 and SB 1307, of the 84th Legislature, Regular Session, 2015, which amended the Texas Occupations Code, Chapter 55, relating to occupational license application and examination fees and to licensing and renewal of certain military service members, military veterans, and military spouses.

SECTION-BY-SECTION SUMMARY

This summary considers only those sections which were substantially changed in language, meaning, or intent.

New §781.222 implements HB 1449 of the 84th Legislature, Regular Session, 2015, as it relates to licensed social workers and child custody and adoption evaluations. HB 1449 amended the Family Code, Chapter 107, relating to child custody and adoption evaluations conducted and provided in certain suits affecting the parent-child relationship. New §781.222 prohibits licensed baccalaureate social workers from conducting those evaluations unless the individual is otherwise qualified by law to conduct the evaluation.

The amendment to §781.419 adds new language to define military service member, military spouse, and military veteran as well as application and eligibility procedures that apply to those individuals.

COMMENTS

The board received no public comments regarding the proposed rules during the comment period.

SUBCHAPTER B. CODE OF CONDUCT AND PROFESSIONAL STANDARDS OF PRACTICE

22 TAC §781.222

STATUTORY AUTHORITY

The new rule is authorized by Texas Occupations Code, §505.201, which authorizes the board to adopt rules necessary for the performance of its duties.

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 8, 2017.

TRD-201700880

Timothy Martel Brown, LCSW

Chair

Texas State Board of Social Worker Examiners

Effective date: March 28, 2017

Proposal publication date: October 28, 2016

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


SUBCHAPTER D. LICENSES AND LICENSING PROCESS

22 TAC §781.419

The amendment is authorized by Texas Occupations Code, §505.201, which authorizes the board to adopt rules necessary for the performance of its duties; and Chapter 55, which authorizes the board to adopt rules necessary for the licensing of military service members and military veterans.

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 8, 2017.

TRD-201700881

Timothy Martel Brown, LCSW

Chair

Texas State Board of Social Worker Examiners

Effective date: March 28, 2017

Proposal publication date: October 28, 2016

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