reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter B - RULES OF PRACTICE › Section 781.322 - Child Custody Evaluations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Licensees shall comply with Texas Family Code, Chapter 107, Subchapters D, E,
				  and F, concerning Child Custody Evaluation, Adoption Evaluation, and
				  Evaluations in Contested Adoptions.
(b) A licensee who has completed a doctoral
				  degree and at least 10 court-ordered child custody evaluations under the
				  supervision of an individual qualified by the Texas Family Code, Chapter 107 to
				  perform child custody evaluations is qualified to conduct child custody
				  evaluations under Texas Family Code, Chapter 107. All other licensees must
				  comply with the qualification requirements stipulated in Texas Family Code,
				  Chapter 107.
(c) Any complaint
				  relating to the outcome of a child custody evaluation or adoption evaluation
				  conducted by a licensee must be re-ported to the court that ordered the
				  evaluation.
(d) Disclosure of
				  confidential information in violation of Texas Family Code, §
										107.111 or §
										107.163 is grounds for
				  disciplinary action, up to and including revocation of license, by the Council.
(e) A licensee who provides
				  services concerning a matter which the licensee knows or should know will be
				  utilized in a legal proceeding, such as a divorce, child custody determination,
				  disability claim, or criminal prosecution, must comply with all applicable
				  Council rules in this chapter regardless of whether the licensee is acting as a
				  factual witness or an expert.
(f) A
				  licensee may not provide therapy and any other type of service, including but
				  not limited to a child custody evaluation or parenting facilitation, in the
				  same case, whether such services are delivered sequentially or
				  simultaneously.
(g) Licensees may
				  not offer an expert opinion or recommendation relating to the conservatorship
				  of or possession of or access to a child unless the licensee has conducted a
				  child custody evaluation relating to the child under Texas Family Code, Chapter
				  107, Subchapter D.
(h) Licensees
				  providing child custody evaluations or adoption evaluations shall, prior to
				  beginning the evaluation, in writing inform the parties of:
(1) the limitations on confidentiality in the
				  evaluation process; and
(2) the
				  basis of fees and costs and the method of payment, including any fees
				  associated with postponement, cancelation and/or nonappearance, and the
				  parties' pro rata share of the fees and costs as determined by the court order
				  or written agreement of the parties.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter B - RULES OF PRACTICE › Section 781.323 - Technology in Social Work Practice

Current through Reg. 49, No. 28; July 12, 2024
When social workers use technology to provide services,
					 they are subject to all rules and statutes, including this chapter and
					 Occupations Code, Chapter 505, as if providing face to face
					 services.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter C - APPLICATION AND LICENSING › Section 781.401 - Qualifications for Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) Licensure. The
				  following education and experience is required for licensure as designated. If
				  an applicant for a license has held a substantially equivalent license in good
				  standing in another jurisdiction for one year immediately preceding the date of
				  application, the applicant will be deemed to have met the experience
				  requirement under this chapter.
(1) Licensed
				  Clinical Social Worker (LCSW).
(A) Has been
				  conferred a master's degree in social work from a CSWE-accredited social work
				  program, or a doctoral degree in social work from an accredited institution of
				  higher learning acceptable to the Council, and has documentation in the form of
				  a university transcript of successfully completing a field placement in social
				  work.
(B) Has had 3000 hours of
				  supervised professional clinical experience over a period of at least 24
				  months, or its equivalent if the experience was completed in another
				  jurisdiction. Hours accrued in non-clinical settings may be used to satisfy the
				  requirements of this rule if the applicant works at least 4 hours per week
				  providing clinical social work as defined in §
												781.102 of this title.
(C) Has had a minimum of 100 hours of
				  supervision, over the course of the 3000 hours of supervised experience, with a
				  Council approved supervisor. If the social worker completed supervision in
				  another jurisdiction, the social worker shall have the supervision verified by
				  the regulatory authority in the other jurisdiction. If such verification is
				  impossible, the social worker may request that the Council accept alternate
				  verification of supervision.
(D)
				  Has passed the Clinical examination administered nationally by
				  ASWB.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter C - APPLICATION AND LICENSING › Section 781.402 - Clinical Supervision for LCSW and Non-Clinical Supervision for Independent Practice Recognition

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  who has obtained a temporary license may not begin the supervision process
				  toward independent non-clinical practice or independent clinical practice until
				  the regular license is issued.
(b)
				  To accrue supervised clinical experience required for the issuance of a LCSW:
(1) an LMSW shall complete a supervision plan
				  form prescribed by the Council, or a form with substantially equivalent
				  information, and signed by both the LMSW and the Council-approved clinical
				  supervisor;
(2) the
				  Council-approved clinical supervisor shall keep a supervision file on the LMSW
				  that includes the supervision plan, list of locations where the LMSW provides
				  supervised clinical services, and a log of clinical experience and supervision
				  earned by the LMSW;
(3) the
				  Council-approved clinical supervisor shall submit a completed and signed
				  supervision verification form prescribed by the Council when the LMSW submits
				  an application for re-categorization; and
(4) the LMSW shall submit an application for
				  re-categorization of his or her licensure to LCSW upon fulfillment of the
				  supervision requirements.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter C - APPLICATION AND LICENSING › Section 781.404 - Recognition as a Council-approved Supervisor and the Supervision Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Types of supervision include:
(1) administrative or work-related
				  supervision of an employee, contractor or volunteer that is not related to
				  qualification for licensure, practice specialty recognition, a disciplinary
				  order, or a condition of new or continued licensure;
(2) clinical supervision of a Licensed Master
				  Social Worker in a setting in which the LMSW is providing clinical services;
				  the supervision may be provided by a Licensed Professional Counselor, Licensed
				  Psychologist, Licensed Marriage and Family Therapist, Licensed Clinical Social
				  Worker or Psychiatrist. This supervision is not related to qualification for
				  licensure, practice specialty recognition, a disciplinary order, or a condition
				  of new or continued licensure;
(3)
				  clinical supervision of a Licensed Master Social Worker, who is providing
				  clinical services and is under a supervision plan to fulfill supervision
				  requirements for achieving the LCSW; a Licensed Clinical Social Worker who is a
				  Council-approved supervisor delivers this supervision;
(4) non-clinical supervision of a Licensed
				  Master Social Worker or Licensed Baccalaureate Social Worker who is providing
				  non-clinical social work service toward qualifications for independent
				  non-clinical practice recognition; this supervision is delivered by a
				  Council-approved supervisor; or
(5)
				  Council-ordered supervision of a licensee by a Council-approved supervisor
				  pursuant to a disciplinary order or as a condition of new or continued
				  licensure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter C - APPLICATION AND LICENSING › Section 781.405 - Application for Licensure

Current through Reg. 49, No. 28; July 12, 2024
A licensure or specialty application must be submitted in
					 accordance with Council rules § 882.1 of this title (relating to
					 Application Process) and § 882.2 of this title (relating to General
					 Application File Requirements).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter C - APPLICATION AND LICENSING › Section 781.406 - Required Documentation of Qualifications for Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) Application
				  form. An applicant for licensure must submit a completed official application
				  form with all requested information.
(b) Education verification.
(1) The applicant's education must be
				  documented by official college transcripts from social work educational units
				  accredited by CSWE.
(2) Degrees for
				  licensure as an LBSW or LMSW must be from programs accredited or in candidacy
				  for accreditation by CSWE.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter C - APPLICATION AND LICENSING › Section 781.411 - Temporary License

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to
				  examination, a licensure applicant may obtain a temporary social work license
				  as long as the applicant meets all the requirements, except the licensing
				  examination, for the license category the applicant seeks.
(b) A person holding a temporary license must
				  take the designated examination within six months of issuance of the temporary
				  license.
(c) The temporary license
				  is valid until the licensee attempts the appropriate examination or the end of
				  the six-month issuance of the temporary license.
(d) A person holding a temporary license must
				  display the license at the licensee's place of business and must use the
				  appropriate licensed title or initials followed by the word "Temporary" in all
				  professional use of the licensee's name.
(e) Should the applicant take and fail the
				  examination, the temporary license is no longer valid. The applicant must
				  immediately cease and desist from using the temporary license and title, and
				  return the license certificate and certificate card to the Council.
(f) Should the applicant pass the
				  examination, the Council will issue the license or specialty recognition. A
				  temporary license holder who has passed the licensing examination continues to
				  be temporarily licensed until the Council issues a regular license or the
				  temporary license expires.
(g) A
				  person who failed the examination and is without a valid temporary license may
				  retake the examination under §
										781.412
				  of this title (relating to Examination Requirement).
(h) A temporary license will not be granted
				  to an applicant who has held a temporary license for the same license category
				  previously within his/her lifetime.
(i) An applicant for LCSW or specialty
				  recognition is not eligible for a temporary or provisional license.
(j) Applicants requesting a temporary license
				  must submit the application form and fee required by the Council.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter C - APPLICATION AND LICENSING › Section 781.412 - Examination Requirement

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for
				  licensure or specialty recognition must pass an examination designated by the
				  Council.
(b) Applicants must have
				  received a passing score on the ASWB national examination prior to the date of
				  the application.
(c) The Council
				  may waive the examination for an applicant with a valid certificate or license
				  from another state if the certificate or license was issued before January 1,
				  1986, if petitioned in writing.
(d)
				  On the basis of a verified report from ASWB that an applicant has cheated on
				  the examination, the application shall be denied.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter C - APPLICATION AND LICENSING › Section 781.414 - Issuance License Certificates

Current through Reg. 49, No. 28; July 12, 2024
The licensee must include the license title or associated
					 initials in all professional uses of the licensee's name as required by the
					 Act, §505.351, as in Licensed Clinical Social Worker - LCSW; Licensed
					 Master Social Worker - LMSW; or Licensed Baccalaureate Social Worker - LBSW. If
					 the licensee holds a specialty recognition, he or she shall use the specialty
					 recognition initials as well: Licensed Master Social Worker with non-clinical
					 Independent Practice Recognition - LMSW-IPR; Licensed Baccalaureate Social
					 Worker with non-clinical Independent Practice Recognition - LBSW-IPR; or
					 Licensed Master Social Worker with Advanced Practitioner Recognition
					 -LMSW-AP.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter C - APPLICATION AND LICENSING › Section 781.418 - Issuance of Licenses to Certain Out-of-State Applicants

Current through Reg. 49, No. 28; July 12, 2024
(a) Notwithstanding
				  any other licensing requirement of this chapter or the Act:
(1) The Council may not require an applicant
				  who is licensed in good standing in another state to retake a licensing
				  examination conducted by the Council under the Act if the applicant has passed
				  the same examination in another jurisdiction.
(2) The Council may issue a license to an
				  applicant who is currently licensed in another jurisdiction to independently
				  practice social work if the Council determines that the applicant demonstrates
				  sufficient experience and competence; has passed the licensing examination
				  appropriate to the category of licensure the applicant seeks; has passed the
				  jurisprudence examination conducted by the Council under the Texas Occupations
				  Code, §
											505.3545; and is in
				  good standing with the regulatory body of the licensing jurisdiction at the
				  time the applicant applied in Texas.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter C - APPLICATION AND LICENSING › Section 781.419 - Licensing of Military Service Members, Military Veterans, and Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				  applying for licensure under this section must comply with Council §882.60
				  (relating to Special Provisions Applying to Military Service Members, Veterans,
				  and Spouses).
(b) Licensing
				  requirements that either match or exceed Texas requirements are considered
				  substantially equivalent.
(c) For
				  an application for a license submitted by a verified military service member or
				  military veteran, the applicant shall receive credit towards any licensing or
				  apprenticeship requirements, except an examination requirement, for verified
				  military service, training, or education that is relevant to the occupation,
				  unless he or she holds a restricted license issued by another jurisdiction or
				  if he or she has an unacceptable criminal history as described by the Act and
				  this chapter.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter C - APPLICATION AND LICENSING › Section 781.420 - Licensing of Persons with Criminal Convictions

Current through Reg. 49, No. 28; July 12, 2024
The following felonies and misdemeanors directly relate to
					 the duties and responsibilities of a licensee:
(1) offenses listed in Article
				  42A.054 of
				  the Code of Criminal Procedure;
(2)
				  a sexually violent offense, as defined by Article
				  62.001 of
				  the Code of Criminal Procedure;
(3)
				  any felony offense wherein the judgment reflects an affirmative finding
				  regarding the use or exhibition of a deadly weapon;
(4) any criminal violation of Chapter 505
				  (Social Work Practice Act) of the Occupations Code;
(5) any criminal violation of Chapter 35
				  (Insurance Fraud) or Chapter 35A (Medicaid Fraud) of the Penal Code;
(6) any criminal violation involving a
				  federal health care program, including
				  42
				  USC Section 1320a-7b (Criminal penalties for
				  acts involving Federal health care programs);
(7) any offense involving the failure to
				  report abuse or neglect;
(8) any
				  state or federal offense not otherwise listed herein, committed by a licensee
				  while engaged in the practice of social work;
(9) any criminal violation of Section 22.041
				  (abandoning or endangering a child) of the Penal Code;
(10) any criminal violation of Section 21.15
				  (invasive visual recording) of the Penal Code;
(11) any criminal violation of Section 43.26
				  (possession of child pornography) of the Penal Code;
(12) any criminal violation of Section 22.04
				  (injury to a child, elderly individual, or disabled individual) of the Penal
				  Code;
(13) three or more drug or
				  alcohol related convictions within the last 10 years, evidencing possible
				  addiction that will have an effect on the licensee's ability to provide
				  competent services; and
(14) any
				  attempt, solicitation, or conspiracy to commit an offense listed
				  herein.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter C - APPLICATION AND LICENSING › Section 781.421 - Remedy for Incomplete License Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				  who does not meet all of the prerequisites for a particular license under
				  Chapter
				  505 of the
				  Occupations Code, may petition the Council for a waiver or modification of the
				  prerequisite(s). An applicant may not petition for the waiver or modification
				  of the degree required for the particular license sought or passage of the
				  requisite examinations.
(b) The
				  Council may waive or modify a prerequisite for obtaining a license under
				  Chapter
				  505 of the
				  Occupations Code, subject to subsection (a) of this section, if:
(1) the prerequisite is not mandated by
				  federal law, the state constitution or statute, or 22 TAC Part 41;
				  and
(2) the failure or inability to
				  meet the prerequisite was due to a disaster declared under Chapter
				  418 of the Government
				  Code or under similar authority in another jurisdiction.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter C - APPLICATION AND LICENSING › Section 781.501 - Requirements for Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a) Minimum
				  Continuing Education Hours Required:
(1) A
				  licensee must complete 30 hours of continuing education during each renewal
				  period that they hold a license. The 30 hours of continuing education must
				  include 6 hours in ethics and 3 hours in cultural diversity or
				  competency.
(2) A licensee may
				  carry forward to the next renewal period, a maximum of 10 hours accrued during
				  the current renewal period if those hours are not needed for renewal.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter D - SCHEDULE OF SANCTIONS › Section 781.801 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The schedule of sanctions is adopted by rule pursuant to
					 the Act, §505.2015(2).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter D - SCHEDULE OF SANCTIONS › Section 781.803 - Severity Levels

Current through Reg. 49, No. 28; July 12, 2024
The following are severity levels for the schedule of
					 sanctions.
(1) Level One--Revocation
				  of license. These violations evidence the licensee's intentional or gross
				  misconduct, cause or pose a high degree of harm to the public, and/or require
				  severe punishment to deter the licensee, or other licensees. The fact that a
				  license is ordered revoked does not necessarily mean the licensee can never
				  regain licensure. The Council may also impose an administrative penalty of not
				  less than $250 or more than $5,000 for each Level One violation. Each day a
				  violation continues or occurs is a separate violation for the purpose of
				  imposing a financial penalty.
(2)
				  Level Two--Suspension of license. These violations involve less misconduct,
				  harm, or need for deterrence than Level One violations, but require suspension
				  of licensure for a period of time. The Council may also impose an
				  administrative penalty of not less than $250 or more than $5,000 for each Level
				  Two violation. Each day a violation continues or occurs is a separate violation
				  for the purpose of imposing a penalty.
(3) Level Three --Probated suspension of
				  license. These violations do not involve enough harm, misconduct, or need for
				  deterrence to warrant suspension of licensure, yet are severe enough to warrant
				  monitoring of the licensee to ensure future compliance. The Council may also
				  impose an administrative penalty of not less than $250 or more than $5,000 for
				  each Level Three violation. Each day a violation continues or occurs is a
				  separate violation for the purpose of imposing a penalty.
(4) Level Four --Reprimand. These violations
				  involve minor misconduct not directly involving the health, safety or welfare
				  of the particular member of the public at issue. The Council may also impose an
				  administrative penalty of not less than $250 or more than $5,000 for each Level
				  Four violation. Each day a violation continues or occurs is a separate
				  violation for the purpose of imposing a penalty.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter D - SCHEDULE OF SANCTIONS › Section 781.804 - Other Disciplinary Actions

Current through Reg. 49, No. 28; July 12, 2024
Complaints may be resolved by issuance of a warning letter
					 or a conditional letter of agreement, which do not involve a formal
					 disciplinary action.
(1) Warning
				  letters informing licensees of their duties under the Act or this chapter, and
				  whether the conduct or omission complained of may appear to violate such
				  duties.
(2) A conditional letter of
				  agreement informs the licensee of the licensee's duties under the Act of this
				  chapter, whether the conduct or omission complained of may appear to violate
				  such duties, and creating Council ordered conditions for the resolution of the
				  issues in the complaint. Staff may issue the conditional letter of agreement to
				  the licensee, a signature by the licensee is required, and the letter will
				  specify the disposition of the complaint. If the licensee fails to comply with
				  all the Council ordered conditions in the specified time frame outlined in the
				  conditional letter agreement, staff will open a new complaint arising out of
				  non-compliance with the conditional letter agreement and/or the underlying
				  conduct.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 34 - TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS › Chapter 781 - SOCIAL WORKER LICENSURE › Subchapter D - SCHEDULE OF SANCTIONS › Section 781.805 - Schedule of Sanctions

Current through Reg. 49, No. 28; July 12, 2024
The following standard sanctions shall apply to violations
					 of the Act and these rules.
Attached
					 Graphic
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter A - GENERAL PROVISIONS › Section 801.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to implement the Licensed
					 Marriage and Family Therapist Act, Texas Occupations Code, Chapter 502,
					 concerning licensure and regulation of marriage and family
					 therapists.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter A - GENERAL PROVISIONS › Section 801.11 - The Board

Current through Reg. 49, No. 28; July 12, 2024
(a) Membership. The
				  board is composed of nine members appointed by the governor. Four members must
				  be selected from the general public. Five members must be eligible for
				  licensure under the Act, at least one of whom must be a professional educator
				  in marriage and family therapy. These members must have engaged in the practice
				  or education of marriage and family therapy for at least five years, or have
				  5,000 hours of clinical experience in the practice of marriage and family
				  therapy.
(b) Terms. Members of the
				  board hold office for staggered six-year terms. Three members' terms expire
				  February 1 of each odd-numbered year.
(c) Vacancies. In the event of a vacancy, the
				  governor will appoint a replacement who meets the qualifications of the vacated
				  office to fill the unexpired part of the term.
(d) Elections. At the meeting held nearest to
				  August 31 of each year, the board will elect a vice-chair by a majority vote of
				  the members present.
(e) Officers.
(1) Chair. The chair is appointed by the
				  governor and serves at the will of the governor.
(A) The chair presides at all meetings he or
				  she attends and performs all duties prescribed by law and board rules.
(B) The chair is authorized by the
				  board to make minor procedural decisions regarding board activities in order to
				  facilitate the responsiveness and effectiveness of the board. The executive
				  director or the executive director's designee will keep a record of the minor
				  procedural decisions and include them in a report to the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter B - RULES OF PRACTICE › Section 801.41 - Purpose of Rules of Practice

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to provide guidelines
					 regarding the provision of professional therapeutic services and to establish
					 standards of professional and ethical conduct required of a licensee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter B - RULES OF PRACTICE › Section 801.43 - Professional Representation

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee is
				  subject to and bound by provisions of the Act, the Council Act, and council
				  rules.
(b) A licensee that becomes
				  aware of another licensee violating state or federal law within the
				  jurisdiction of the Council, may attempt to resolve the violation informally
				  with the other licensee if the violation does not involve actual or likely harm
				  to an individual or the public. Any unresolved violations must be reported to
				  the Council. A licensee that becomes aware of another licensee violating a
				  state or federal law within the jurisdiction of the Council involving actual or
				  likely harm to an individual or the public, must report the violation to the
				  Council.
(c) Licensure and
				  Supervisory Status.
(1) When providing
				  professional therapeutic services as defined in §
											801.42
				  of this title (relating to Professional Therapeutic Services), a licensee must
				  indicate his or her licensure status as an LMFT or LMFT Associate, including
				  any probationary status or other restrictions placed on the licensee by the
				  council.
(2) An LMFT Associate must
				  not represent themselves as an independent practitioner. An LMFT Associate's
				  name must be followed by a statement such as "supervised by (name of
				  supervisor)" or a statement of similar effect, together with the name of the
				  supervisor. This disclosure must appear on all marketing materials, billing
				  documents, and practice related forms and documents where the LMFT Associate's
				  name appears, including websites and intake documents. This paragraph is
				  effective January 1, 2023.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter B - RULES OF PRACTICE › Section 801.45 - Sexual Misconduct

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  following words and terms, when used in this section, have the following
				  meanings, unless the context clearly indicates otherwise.
(1) Mental health services--The assessment,
				  diagnosis, treatment, or therapy in a professional relationship to assist an
				  individual or group in:
(A) alleviating
				  mental or emotional illness, symptoms, conditions, or disorders, including
				  alcohol or drug addiction;
(B)
				  understanding conscious or subconscious motivations;
(C) resolving emotional, attitudinal, or
				  relationship conflicts; or
(D)
				  modifying feelings, attitudes, or behaviors that interfere with effective
				  emotional, social, or intellectual functioning.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter B - RULES OF PRACTICE › Section 801.46 - Testing

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee must
				  make known to clients the purposes and explicit use of any testing done as part
				  of a professional relationship.
(b) A licensee may not appropriate,
				  reproduce, or modify published tests or parts thereof without the
				  acknowledgment and permission of the publisher.
(c) A licensee may not administer and
				  interpret any test without the appropriate training and experience to
				  administer and interpret the test.
(d) A licensee must observe the necessary
				  precautions to maintain the security of any test administered by the licensee
				  or under the licensee's supervision.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter B - RULES OF PRACTICE › Section 801.47 - Drug and Alcohol Use

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  licensee may not use alcohol or drugs in a manner which adversely affects the
				  licensee's ability to provide marriage and family therapy services.
(b) A licensee may not promote or encourage
				  the illegal use of alcohol or drugs by a client.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter B - RULES OF PRACTICE › Section 801.50 - Corporation and Business Names

Current through Reg. 49, No. 28; July 12, 2024
When an assumed name is used in any practice of therapy,
					 the name of the licensee must be listed in conjunction with the assumed name.
					 An assumed name used by a licensee may not be false, deceptive, or misleading.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter B - RULES OF PRACTICE › Section 801.53 - Advertising and Announcements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Information used by a licensee in any advertisement or announcement of services
				  may not contain information which is false, misleading, deceptive, inaccurate,
				  incomplete, out of context, or not readily verifiable. Advertising includes any
				  announcement of services, letterhead, business cards, commercial products, and
				  billing statements. Only the highest academic degree earned from an accredited
				  college or university or only the highest academic degree earned at a foreign
				  university that has been determined to be equivalent to a degree from an
				  accredited institution or program by a member of the National Association of
				  Credential Evaluation Services and relevant to the profession of therapy or a
				  therapy-related field shall be used when advertising or announcing therapeutic
				  services to the public or in therapy-related professional representations. A
				  licensee may advertise or announce his or her other degrees or equivalent
				  degrees earned at foreign institutions from accredited colleges or universities
				  if the subject of the degree is specified.
(b) False, misleading, or deceptive
				  advertising or advertising that is not readily subject to verification includes
				  advertising that:
(1) makes any material
				  misrepresentation of fact or omits a fact necessary to make the statement as a
				  whole not materially misleading;
(2) makes any representation likely to create
				  an unjustified expectation about the results of a health care service or
				  procedure;
(3) compares a health
				  care professional's services with another health care professional's services
				  unless the comparison can be factually substantiated;
(4) contains a testimonial that includes
				  false, deceptive, or misleading statements, or fails to include disclaimers or
				  warnings as to the credentials of the person making the testimonial;
(5) causes confusion or misunderstanding as
				  to the credentials, education, or licensure of a health care
				  professional;
(6) advertises or
				  represents that health care insurance deductibles or co-payments may be waived
				  or are not applicable to health care services to be provided if the deductibles
				  or co-payments are required;
(7)
				  advertises or represents that the benefits of a health benefit plan will be
				  accepted as full payment when deductibles or co-payments are
				  required;
(8) makes a
				  representation that is designed to take advantage of the fears or emotions of a
				  particularly susceptible type of patient; or
(9) advertises or represents in the use of a
				  professional name a title or professional identification that is expressly or
				  commonly reserved to or used by another profession or professional.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter B - RULES OF PRACTICE › Section 801.54 - Research and Publications

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  research with a human subject, a licensee is responsible for the welfare of the
				  human subject throughout a project and must take reasonable precautions so the
				  human subject suffers no injurious emotional, physical, or social effect.
(b) A licensee must disguise data
				  obtained from a therapeutic relationship for the purposes of education or
				  research to ensure full protection of the identity of the human subject client.
(c) When conducting and reporting
				  research, a licensee must give recognition to previous work on the topic as
				  well as observe all copyright laws.
(d) A licensee must give due credit through
				  joint authorship, acknowledgment, footnote statements, or other appropriate
				  means to those who have contributed significantly to the licensee's research or
				  publication.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter B - RULES OF PRACTICE › Section 801.55 - Parenting Coordination

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  accordance with the Texas Family Code, §
										153.601(3),
				  "parenting coordinator" means an impartial third party:
(1) who, regardless of the title by which the
				  person is designated by the court, performs any function described in the Texas
				  Family Code, §
											153.606, in a suit
				  affecting the parent-child relationship; and
(2) who:
(A) is appointed under Texas Family Code,
				  Subchapter K (relating to Parenting Plan, Parenting Coordinator, and Parenting
				  Facilitator) by the court on its own motion, or on a motion or agreement of the
				  parties, to assist parties in resolving parenting issues through confidential
				  procedures; and
(B) is not
				  appointed under another statute or a rule of civil procedure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter B - RULES OF PRACTICE › Section 801.56 - Parenting Facilitation

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  accordance with House Bill 1012, 81st Legislature, Regular Session, 2009, and
				  Texas Family Code, Chapter 153, this section establishes the practice standards
				  for licensees who desire to serve as parenting facilitators.
(b) In accordance with the Texas Family Code,
				  §
										153.601 (3-a), a
				  "parenting facilitator" means an impartial third party:
(1) who, regardless of the title by which the
				  person is designated by the court, performs any function described by the Texas
				  Family Code, §
											153.6061, in a suit
				  affecting the parent-child relationship; and
(2) who:
(A) is appointed under Texas Family Code,
				  Subchapter K (relating to Parenting Plan, Parenting Coordinator, and Parenting
				  Facilitator) by the court on its own motion, or on a motion or agreement of the
				  parties, to assist parties in resolving parenting issues through procedures
				  that are not confidential; and
(B)
				  is not appointed under another statute or a rule of civil procedure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter B - RULES OF PRACTICE › Section 801.57 - Child Custody Evaluations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Licensees must comply with all applicable statutes and rules, including but not
				  limited to Texas Family Code, Chapter 107, Subchapters D, E, and F (relating to
				  Child Custody Evaluation, Adoption Evaluation, and Evaluations in Contested
				  Adoptions).
(b) When a licensee
				  who has conducted a court-ordered child custody evaluation or adoption
				  evaluation receives any complaint relating to the outcome of the evaluation,
				  the licensee must report the complaint to the court that ordered the
				  evaluation. See council rules, found in § 884.3 of this title (relating to
				  Special Requirements for Complaints Alleging Violations Related to Court
				  Ordered Evaluations).
(c)
				  Disclosure of confidential information in violation of Texas Family Code,
				  §
										107.111 (relating to
				  Child Custody Evaluator Access to Investigative Records of Department of Family
				  and Protective Services; Offense) or §107.163 (Adoption Evaluator Access
				  to Investigative Records of Department of Family and Protective Services;
				  Offense) is grounds for disciplinary action, up to and including license
				  revocation.
(d) A licensee may not
				  provide any other type of service, neither sequentially nor simultaneously in
				  the same case that he or she provides a child custody evaluation, unless
				  required by court order.
(e) A
				  licensee may not offer an expert opinion or recommendation relating to the
				  conservatorship of or possession of or access to a child unless the licensee
				  has conducted a child custody evaluation relating to the child in accordance
				  with Texas Family Code, Chapter 107, Subchapter D.
(f) Before beginning child custody
				  evaluations or adoption evaluations, a licensee must inform the parties in
				  writing of:
(1) the limitations on
				  confidentiality in the evaluation process; and
(2) the basis of fees and costs and the
				  method of payment, including any fees associated with postponement,
				  cancellation, and/or nonappearance, and the parties' pro rata share of the fees
				  and costs as determined by the court order or written agreement of the parties.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter B - RULES OF PRACTICE › Section 801.58 - Technology-Assisted Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Licensees who
				  provide marriage and family therapy to clients or supervision to supervisees
				  outside the State of Texas must comply with the laws and rules of Texas and of
				  the out-of-state authority which govern the practice of marriage and family
				  therapy.
(b) Licensees who provide
				  treatment, consultation, and supervision using technology-assisted services
				  must meet the same standards of appropriate practice as licensees who practice
				  in traditional (i.e., in-person) settings.
(c) In accordance with Texas Occupations
				  Code, §
										502.251
				  (relating to License Required), a person may not practice as a marriage and
				  family therapist unless the person holds a license under this chapter or is
				  exempt under Texas Occupations Code, §
										502.004
				  (relating to Application of Chapter)
(d) A licensee may provide
				  technology-assisted services. To ensure the competent delivery of services by
				  technology-assisted means, a licensee must maintain an appropriate level of
				  education, training, or experience in using relevant technology.
(e) A licensee may not render therapy using
				  technology-assisted services without complying with the following at the onset
				  of each session:
(1) fully verifying the
				  location and identity of the client, to the most reasonable extent possible;
				  and
(2) disclosing the identity of
				  the licensee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter C - APPLICATIONS AND LICENSING › Section 801.71 - Purpose of Applications and Licensing

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to set out the
					 application procedures for examination and licensure as an LMFT and LMFT
					 Associate.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter C - APPLICATIONS AND LICENSING › Section 801.74 - Application to Take Licensure Examination

Current through Reg. 49, No. 28; July 12, 2024
An applicant must submit a complete application to sit for
					 examination as prescribed by the Council.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter C - APPLICATIONS AND LICENSING › Section 801.75 - Application for Licensed Marriage and Family Therapist Associate (LMFT Associate)

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Qualifications. An applicant for LMFT Associate must meet the qualifications
				  required by §502.252(b) of the Act.
(b) Application Requirements. An applicant
				  must submit:
(1) all requirements in council
				  rules, 22 Texas Administrative Code, § 882.1 and § 882.2(concerning
				  Application Process and General Application File Requirements);
(2) Supervisory Agreement Form; and
(3) proof of achieving a passing score on a
				  licensure examination.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter C - APPLICATIONS AND LICENSING › Section 801.76 - Application for Licensed Marriage and Family Therapist (LMFT)

Current through Reg. 49, No. 28; July 12, 2024
(a) Qualifications.
				  An applicant for LMFT must meet the qualifications required by §502.252(b)
				  of the Act.
(b) Application
				  Requirements. An applicant must submit:
(1)
				  all requirements in council rules, 22 Texas Administrative Code, §§
				  882.1 and 882.2(relating to Application Process and General Application File
				  Requirements;
(2) a licensed
				  Supervised Experience Verification Form; and
(3) proof of achieving a passing score on a
				  licensure examination.