TITLE 22. EXAMINING BOARDS

PART 5. STATE BOARD OF DENTAL EXAMINERS

CHAPTER 108. PROFESSIONAL CONDUCT

SUBCHAPTER A. PROFESSIONAL RESPONSIBILITY

22 TAC §108.7

The State Board of Dental Examiners is renewing the effectiveness of emergency amended §108.7 for a 60-day period. The text of the emergency rule was originally published in the September 4, 2020, issue of the Texas Register (45 TexReg 6172).

Filed with the Office of the Secretary of State on December 11, 2020.

TRD-202005451

Lauren Studdard

General Counsel

State Board of Dental Examiners

Original effective date: August 25, 2020

Expiration date: February 20, 2021

For further information, please call: (512) 305-8910


PART 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS

CHAPTER 133. LICENSING

SUBCHAPTER G. EXAMINATIONS

22 TAC §133.67

The Texas Board of Professional Engineers and Land Surveyors is renewing the effectiveness of emergency amended §133.67 for a 60-day period. The text of the emergency rule was originally published in the September 4, 2020, issue of the Texas Register (45 TexReg 6173).

Filed with the Office of the Secretary of State on December 10, 2020.

TRD-202005379

Lance Kinney, Ph.D., P.E.

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Original effective date: August 20, 2020

Expiration date: February 15, 2021

For further information, please call: (512) 440-3080


PART 36. COUNCIL ON SEX OFFENDER TREATMENT

CHAPTER 810. COUNCIL ON SEX OFFENDER TREATMENT

SUBCHAPTER A. LICENSED SEX OFFENDER TREATMENT PROVIDERS

22 TAC §810.3

The Council on Sex Offender Treatment (Council) adopts on an emergency basis an amendment to Title 22, Texas Administrative Code, §810.3, concerning License Required, to provide Licensed Sex Offender Treatment Provider (LSOTP) applicants with the flexibility to satisfy education requirements for licensure online.

BACKGROUND AND PURPOSE

The purpose of the emergency rulemaking is to support the Governor's March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In response to the COVID-19 outbreak and national, state, and local community efforts to contain the spread of the virus, including social distancing, the Council amends §810.3 to remove the prohibition of online education hours toward an applicant's satisfaction of education requirements for licensure.

As authorized by Government Code, §2001.034, the Council may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days' notice. Emergency rules adopted under Government Code, §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.

The Council finds that an imminent peril to the public health, safety, and welfare requires immediate adoption of this emergency rule. The amendment is necessary to provide LSOTP applicants with the flexibility to satisfy education requirements for licensure online.

SECTION-BY-SECTION SUMMARY

The amendment to §810.3 edits subsection (c)(1)(B)(ii) to indicate that online hours are acceptable. There are no further changes to §810.3.

STATUTORY AUTHORITY

The emergency rulemaking is adopted under Government Code, §2001.034, which authorizes the adoption of emergency rules without prior notice and hearing, if an agency finds that an imminent peril to the public health, safety, or welfare requires adoption of a rule on fewer than 30 days' notice; under Occupations Code, §110.158, which authorizes the Council to adopt rules necessary for the performance of its duties; and under Occupations Code, §110.302, which requires the Council to adopt licensing requirements for sex offender treatment providers.

The emergency rule implements Occupations Code, Chapter 110.

§810.3.License Required.

(a) - (b) (No change.)

(c) Sex offender treatment does not include general rehabilitation or clinical services provided in a criminal justice or juvenile justice institution as a part of the mainstream adjunct treatment programs.

(1) Licensed Sex Offender Treatment Provider (LSOTP). To be eligible as a LSOTP, the applicant shall meet all of the following criteria:

(A) (No change.)

(B) experience and training required as listed in clauses (i) - (ii) of this subparagraph:

(i) possess a minimum of 1000 documented and verified hours of clinical experience while under the supervision of a council approved supervisor in the areas of assessment and treatment of sex offenders, obtained within the past 7-year period, and provide 1 reference letter from a licensed sex offender treatment provider who has actual knowledge of the applicant's clinical work in sex offender assessment and treatment; and

(ii) submit proof of completion of a minimum of 40 hours of documented continuing education training obtained within 3 years prior to the application date, in the specific area of sex offender assessment and treatment. Online hours are [not] acceptable. Of the initial 40 hours training required, 30 hours shall be in the specific area of sex offender assessment and treatment. Ten hours shall be in sexual assault victim related training;

(C) - (H) (No change.)

(2) - (11) (No change.)

The agency certifies that legal counsel has reviewed the emergency adoption and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 8, 2020.

TRD-202005350

Aaron Pierce, PhD, LPC, LSOTP-S

Chairman

Council on Sex Offender Treatment

Effective date: December 29, 2020

Expiration date: April 27, 2021

For further information, please call: (512) 231-5721