reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter C - DUTIES AND RESPONSIBILITIES › Section 882.34 - Filing of False or Misleading Information with the Council

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicants.
				  Applicants are prohibited from providing false or misleading statements,
				  information, or omissions in their applications, documents, and communications
				  with the Council or member boards. For an infraction of this type, the Council
				  may agree to process an application or other document pursuant to an
				  eligibility order. For a serious infraction of this type that could lead to
				  licensure of an unqualified person, the Council may deny licensure.
(b) Licensees. The Council will open a
				  complaint against a licensee for false or misleading statements, information,
				  or omissions made in connection with an application, renewal, document, or
				  other communication with the Council. For an infraction that led to the
				  licensure or renewal of an unqualified person or a change in license status,
				  the Council may revoke the license or deny any future renewal of the
				  license.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter C - DUTIES AND RESPONSIBILITIES › Section 882.35 - Required Profile Information

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to §
										2054.2606 of the
					 Government Code, all licensed psychologists must establish and maintain a
					 public profile within the profile system maintained by the Council. The
					 licensee's profile must contain all of the following information:
(1) the name of the license holder and the
				  address and telephone number of the license holder's primary practice
				  location;
(2) whether the license
				  holder's patient, client, user, customer, or consumer service areas, as
				  applicable, are accessible to disabled persons, as defined by federal
				  law;
(3) the type of language
				  translating services, including translating services for a person with
				  impairment of hearing, that the license holder provides for patients, clients,
				  users, customers, or consumers, as applicable;
(4) if applicable, insurance information,
				  including whether the license holder participates in the state child health
				  plan under Chapter 62, Health and Safety Code, or the Medicaid
				  program;
(5) the education and
				  training received by the license holder, as required by the licensing
				  entity;
(6) any specialty
				  certification held by the license holder;
(7) the number of years the person has
				  practiced as a license holder; and
(8) if applicable, any hospital affiliation
				  of the license holder.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter C - DUTIES AND RESPONSIBILITIES › Section 882.36 - Compliance with State and Federal Law

Current through Reg. 49, No. 28; July 12, 2024
Licensees comply with all applicable state and federal
					 laws affecting the practice of marriage and family therapy, professional
					 counseling, psychology, or social work including, but not limited to:
(1) Health and Safety Code, Chapter 611,
				  Mental Health Records;
(2) Family
				  Code:
(A) Chapter 32, Consent to Medical,
				  Dental, Psychological and Surgical Treatment,
(B) Chapter 153, Rights to Parents and Other
				  Conservators to Consent to Treatment and Access to Child's Records;
				  and
(C) Chapter 261, Duty to Report
				  Child Abuse and Neglect;
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter C - DUTIES AND RESPONSIBILITIES › Section 882.37 - COVID-19 Vaccine Passports Prohibited

Current through Reg. 49, No. 28; July 12, 2024
(a) In this rule, COVID-19 has the same
				  meaning assigned by § 161.0085 of the Health and Safety Code.
(b) A licensee shall not require an
				  individual to provide any documentation certifying the individual's COVID-19
				  vaccination or post-transmission recovery on entry to, to gain access to, or to
				  receive service from the licensee or the licensee's practice.
(c) Notwithstanding subsection (b) of this
				  section, licensees may implement COVID-19 screening and infection control
				  protocols in accordance with state and federal law to protect public
				  health.
(d) This rule shall not
				  operate or be construed to interfere with an individual's right to access the
				  individual's personal health information under federal law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter D - CRIMINAL HISTORY AND LICENSE ELIGIBILITY › Section 882.40 - Criminal History Background Checks

Current through Reg. 49, No. 28; July 12, 2024
(a) Before the Council will issue a license,
				  an applicant must undergo a fingerprint-based criminal history record
				  check.
(b) The Council may require
				  a licensee to obtain an updated fingerprint-based criminal history record check
				  at any time.
(c) A licensee who was
				  not required to undergo a fingerprint based criminal history record check as a
				  condition of licensure, must undergo a fingerprint based criminal history check
				  if directed by the Council as a condition for renewal of a license. A licensee
				  may fulfill all other renewal requirements, but a report must be received by
				  the Council from the Texas Department of Public Safety and the Federal Bureau
				  of Investigation before a license will be renewed.
(d) Applicants and licensees who hold a
				  license issued by the Council or one of its member boards and who underwent a
				  fingerprint-based criminal history record check as part of the licensing
				  process for that license, do not need to undergo another check.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter D - CRIMINAL HISTORY AND LICENSE ELIGIBILITY › Section 882.41 - Criminal History Evaluations

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  compliance with Chapter 53 of the Occupations Code, the Council will provide
				  criminal history evaluation letters.
(b) A person may request the Council provide
				  a criminal history evaluation letter if the person is planning to enroll or is
				  enrolled in an educational program that prepares the person for a license with
				  this agency and the person has reason to believe that the person may be
				  ineligible for licensure due to a conviction or deferred adjudication for a
				  felony or misdemeanor offense.
(c)
				  The requestor must submit to the Council a completed application form
				  requesting an evaluation letter, the required fee, and certified copies of
				  court documentation about all convictions, deferred adjudications, or other
				  final dispositions which may form the basis for the person's
				  ineligibility.
(d) Requestors must
				  obtain a fingerprint criminal history record check after they have submitted an
				  application for a criminal history evaluation letter.
(e) The Council has the authority to
				  investigate a request for a criminal history evaluation letter and may require
				  the requestor to provide additional information about the convictions and other
				  dispositions.
(f) The Council will
				  provide a written response to the requestor within 90 days of receipt of the
				  request, unless a more extensive investigation is required or the requestor
				  fails to comply with the Council's investigation.
(g) In the absence of new evidence known to
				  but not disclosed by the requestor or not reasonably available to the licensing
				  authority at the time the letter is issued, the Council's ruling on the request
				  determines the requestor's eligibility with respect to the grounds for
				  potential ineligibility set out in the letter.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter D - CRIMINAL HISTORY AND LICENSE ELIGIBILITY › Section 882.42 - Ineligibility Due to Criminal History

Current through Reg. 49, No. 28; July 12, 2024
(a) The Council may revoke or suspend a
				  license, disqualify a person from receiving or renewing a license, or deny a
				  person the opportunity to be examined for a license due to a felony or
				  misdemeanor conviction, or a plea of guilty or nolo contendere followed by
				  deferred adjudication, if the offense:
(1) is
				  listed in Article
				  42A.054 of
				  the Code of Criminal Procedure;
(2)
				  was a sexually violent offense, as defined by Article
				  62.001 of
				  the Code of Criminal Procedure; or
(3) directly relates to the duties and
				  responsibilities of a licensee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter E - CONTINUING EDUCATION › Section 882.50 - Continuing Education and Audits

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  All persons issued a license by the Council are obligated to continue their
				  professional education by completing a minimum amount of continuing education
				  during each renewal period that they hold a license from this agency. The
				  specific continuing education requirements for a license holder will be
				  determined by the member board authorized to set those requirements.
(b) The Council conducts two types of audits
				  regarding continuing education. Licensees shall comply with all agency requests
				  for documentation and information concerning compliance with continuing
				  education requirements.
(1) Random audits.
				  Each month, 5% of the licensees will be selected by an automated process for an
				  audit of the licensee's compliance with the agency's continuing education
				  requirements. The agency will notify a licensee of the audit. Upon receipt of
				  an audit notification, a licensee must submit continuing education
				  documentation through the agency's online licensing system, or by email, or
				  regular mail before a license will be renewed.
(2) Individualized audits. The Council may
				  also conduct audits of a specific licensee's compliance with its continuing
				  education requirements at any time the agency determines there are grounds to
				  believe that a licensee has not complied with the requirements of this rule.
				  Upon receipt of notification of an individualized audit, the licensee must
				  submit all requested documentation within the time period specified in the
				  notification.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter F - LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, VETERANS, AND MILITARY SPOUSES › Section 882.60 - Special Provisions Applying to Military Service Members, Veterans and Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) The Council
				  adopts by reference the definitions set forth in Chapter 55 of the Occupations
				  Code.
(b) A license may be issued
				  to a military service member, military veteran, or military spouse upon proof
				  of one of the following:
(1) the applicant
				  holds a current license in another jurisdiction that has licensing requirements
				  that are substantially equivalent to the requirements for the license sought in
				  this state; or
(2) within the five
				  years preceding the application date, the applicant held the license sought in
				  this state.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter F - LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, VETERANS, AND MILITARY SPOUSES › Section 882.61 - Special Licensing Provisions for Service Members and Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) Notwithstanding
				  §
										882.23 of this chapter and in
				  accordance with §
										55.0041 of the
				  Occupations Code and the Veterans Auto and Education Improvement Act of 2022
				  (Public Law No. 117-333), a service member or military spouse is authorized to
				  practice marriage and family therapy, professional counseling, psychology, or
				  social work without a license if the person meets each of the following
				  requirements:
(1) the service member or
				  military spouse notifies the Council on an agency approved form or as directed
				  by agency staff, of the service member's or military spouse's intent to
				  practice a particular profession in this state;
(2) the service member or military spouse
				  provides verification of licensure in good standing in another jurisdiction in
				  the similar scope of practice and in the discipline applied for in this state,
				  and:
(A) has actively used the license during
				  the two years immediately preceding the date of application; or
(B) holds a license that has licensing
				  requirements that are substantially equivalent to the requirements for
				  licensure in this state;
(3) the service member or military spouse
				  submits proof of residency in this state (e.g. copy of a permanent change of
				  station order) and a copy of the service member's or military spouse's military
				  identification card; and
(4) the
				  Council provides confirmation to the service member or military spouse that it
				  has verified the service member's or military spouse's license in the other
				  jurisdiction and that the service member or military spouse is authorized to
				  practice a particular profession.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter G - EMERGENCY TEMPORARY LICENSE › Section 882.70 - Emergency Temporary License

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Council shall issue an emergency temporary license to practice marriage and
				  family therapy, professional counseling, psychology, or social work if:
(1) the Governor declares a disaster under
				  §418.014 and issues a proclamation in accordance with Government Code
				  §
											418.016
				  suspending regulatory statutes and rules which would prevent, hinder, or delay
				  necessary action in coping with the declared disaster;
(2) the Executive Director determines that
				  enacting these emergency licensing provisions are necessary in that disaster
				  area; and
(3) the applicant meets
				  the requirements set forth herein below.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 883 - RENEWALS › Subchapter A - GENERAL PROVISIONS › Section 883.1 - Renewal of a License

Current through Reg. 49, No. 28; July 12, 2024
(a) All licenses
				  subject to the jurisdiction of the Council are renewable on a biennial basis
				  and must be renewed online.
(b)
				  Renewals are due on the last day of the license holder's birth month, but may
				  be completed up to 60 days in advance.
(c) Renewal Conditions:
(1) Licensees must pay all applicable renewal
				  and late fees, indicate compliance with any continuing education requirements,
				  and comply with any other requests for information or requirements contained
				  within the online renewal system as a prerequisite for renewal of a license.
				  This paragraph is effective for licenses with expiration dates prior to
				  November 30, 2021.
(2) Licensees
				  must pay all applicable renewal or late renewal fees, indicate compliance with
				  any continuing education requirements, and comply with any other requests for
				  information or requirements contained within the online renewal systems as a
				  prerequisite for renewal of a license. This paragraph is effective for licenses
				  with expiration dates on or after November 30, 2021.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 883 - RENEWALS › Subchapter A - GENERAL PROVISIONS › Section 883.2 - Initial License Renewal Dates

Current through Reg. 49, No. 28; July 12, 2024
(a) The license expiration date for a license
				  issued by this agency is the last day of the licensee's birth month.
(b) The initial renewal date for a license
				  issued or reinstated by this agency shall be set as follows:
(1) A license issued or reinstated within 180
				  days prior to the last day of a licensee's birth month shall be set for renewal
				  on the next expiration date following a period of two years from the date of
				  issuance or reinstatement.
(2) A
				  license issued or reinstated more than 180 days prior to the last day of a
				  licensee's birth month shall be set for renewal on the next expiration date
				  following a period of one year from the date of issuance or
				  reinstatement.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 883 - RENEWALS › Subchapter A - GENERAL PROVISIONS › Section 883.3 - Nonrenewal for Failure to Pay Child Support

Current through Reg. 49, No. 28; July 12, 2024
(a) The Council shall, in accordance with
				  §
										232.0135 of the Family
				  Code, refuse to renew a license if the Council receives notice from a child
				  support agency that the licensee has failed to pay child support under a
				  support order for six months or more and the child support agency requests the
				  Council to deny the renewal of an existing license.
(b) Following receipt of notice from a child
				  support agency, the Council may not renew a license until the child support
				  agency has notified the Council that the licensee has met one or more of the
				  requirements set out in §
										232.0135(b)
				  of the Family Code.
(c) The Council
				  may charge the licensee a fee equal to the renewal fee for a denial under this
				  rule.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 883 - RENEWALS › Subchapter B - RENEWAL PROVISIONS FOR MILITARY PERSONNEL › Section 883.10 - Renewal Terms for Military Personnel on Active Duty

Current through Reg. 49, No. 28; July 12, 2024
(a) Licensees serving on active duty, as
				  defined by §
										55.001 of the
				  Occupations Code, may request a waiver from the continuing education
				  requirements and renewal fees associated with the renewal of their license.
				  Licensees who submit a written request to the Council prior to their renewal
				  date each renewal period, and provide the Council with official verification of
				  active duty status during their renewal period, will be granted a waiver from
				  the continuing education requirements and renewal fees associated with the
				  renewal of their license for that renewal period.
(b) Licensees with an expired or delinquent
				  license may request their license be reinstated or returned to active status if
				  they would have been eligible for a waiver under subsection (a) of this
				  section, prior to their license expiring or becoming delinquent. Licensees
				  seeking relief under this subsection must do so within two years of their
				  license becoming delinquent.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter A - FILING A COMPLAINT › Section 884.1 - Timeliness of Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) A complaint not
				  involving sexual misconduct will be considered timely if brought within five
				  years of the date of the termination of professional services.
(b) A complaint alleging sexual misconduct
				  will be considered timely if brought within seven years after the date of
				  termination of services or within five years of the patient, client or
				  recipient of services reaching the age of majority, whichever is
				  greater.
(c) A complaint arising
				  out of a matter required to be reported to the Council pursuant to rule §
										884.32 of this chapter, will be
				  considered timely if brought within five years of the date the matter is
				  reported to the Council. Limitations shall not begin to run for any such
				  complaint until the matter is reported in accordance with Council
				  rules.
(d) This rule does not apply
				  to a complaint closed as a result of the expiration of a license and
				  subsequently reopened or initiated anew by the Council in connection with an
				  application for reinstatement under §
										882.22 of this chapter.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter A - FILING A COMPLAINT › Section 884.2 - Standardized Complaint Form

Current through Reg. 49, No. 28; July 12, 2024
All complaints must be submitted on the Council-approved
					 complaint form. The complaint form shall be obtained free of charge from the
					 Council's website or by requesting a copy from the Council.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter A - FILING A COMPLAINT › Section 884.3 - Special Requirements for Complaints Alleging Violations Related to Court Ordered Evaluations

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  who seeks to file a complaint alleging a statutory or rule violation arising
				  out of or related to a court ordered evaluation (e.g. child custody evaluation,
				  adoption evaluation, competency or insanity evaluation, psychological
				  evaluation) must, in addition to submitting a Council-approved complaint form,
				  comply with the requirements of this rule when filing a complaint. This rule
				  does not apply to evaluations conducted in administrative proceedings before a
				  state or federal agency.
(b) A
				  complaint subject to this rule may not be filed prior to entry of judgment or
				  final order by the trial court, or alternatively, prior to dismissal of the
				  case. A complaint received by the Council prior to these specified events will
				  be dismissed by staff as premature. A complaint dismissed as premature may be
				  resubmitted as a new complaint upon the occurrence of one of these events.
(c) A complaint subject to this
				  rule will be considered timely filed if brought within the time period
				  specified by the general rule governing timeliness of complaints or within one
				  year of the relevant event specified in subsection (b) of this section,
				  whichever is greater.
(d) A
				  complaint subject to this rule must include the following documentation or
				  information:
(1) A copy of the court order
				  appointing the licensee to conduct the evaluation, or alternatively, a
				  transcript or excerpt therefrom or written statement from an attorney-of-record
				  in the case reflecting the licensee's appointment;
(2) A copy of the licensee's expert report,
				  or a statement that no such report was produced or provided;
(3) A copy of any judgment, final order, or
				  dismissal entered by the trial court; and
(4) A copy of any documents provided by the
				  licensee describing the costs of services, the nature of the services provided,
				  as well as any limitations associated with those services, or a statement that
				  no such documents were provided.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter A - FILING A COMPLAINT › Section 884.4 - Special Requirements for Complaints Alleging Violations Related to Court-Ordered Therapy or Parenting Facilitator Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who seeks to file a complaint
				  alleging a statutory or rule violation arising out of or related to court
				  ordered therapy or parenting facilitator services must, in addition to
				  submitting a Council-approved complaint form, comply with the requirements of
				  this rule when filing a complaint.
(b) A complaint may not be filed while the
				  licensee is under appointment to provide therapy or parenting facilitator
				  services. A complaint received by the Council while the licensee is appointed
				  will be dismissed by staff as premature but may be resubmitted as a new
				  complaint after the appointment is concluded or terminated.
(c) A complaint will be considered timely
				  filed if brought within the time period specified by the general rule governing
				  timeliness of complaints or within one year of the appointment being concluded
				  or terminated, whichever is greater.
(d) A complaint must include each of the
				  following:
(1) Documentation reflecting the
				  licensee's appointment in the case. A copy of a court order, docket sheet, or
				  transcript from the proceedings or a letter from an attorney involved in the
				  case will meet the requirements of this rule;
(2) a copy of any documents provided by the
				  licensee describing the costs, nature, or limitations of the services to be
				  provided, or a statement that no such documents were provided;
(3) an attestation that the licensee's
				  appointment in the case has been concluded or terminated. A letter from an
				  attorney involved in the case will also meet the requirements of this
				  rule.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter A - FILING A COMPLAINT › Section 884.5 - Complaints Alleging Violation of Court Orders or Education Law

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who
				  seeks to file a complaint alleging a violation of a court order in connection
				  with the delivery of services by a licensee must, in addition to submitting a
				  Council-approved complaint form, submit a certified copy of the court order
				  violated and a certified copy of the judgment, order, or minutes of the court
				  reflecting a finding of violation by the licensee. A complaint subject to this
				  rule not in strict compliance with this requirement will be dismissed by agency
				  staff.
(b) Complaints Involving
				  Standard of Care Issues in Schools:
(1) An
				  individual wishing to file a complaint against a licensee for any matter
				  relating to the identification, evaluation, or educational placement of or the
				  provision of a free appropriate public education to a student, must first
				  exhaust all administrative remedies available to that individual under 19 TAC
				  §
											89.1150 of the
				  Commissioner's Rules Concerning Special Education Services, Texas Education
				  Agency. An individual that has gone through a due process hearing with the
				  Texas Education Agency will be considered to have exhausted all administrative
				  remedies.
(2) For purposes of this
				  rule, limitations shall not begin to run until all of the administrative
				  remedies referenced in paragraph (1) of this subsection, have been
				  exhausted.
(3) Notwithstanding
				  paragraph (1) of this subsection, an individual employed or contracted by the
				  same public or private school as the licensee may file a complaint covered by
				  paragraph (1) of this subsection, regardless of whether any administrative
				  remedies available under state or federal education law are utilized by the
				  parent or legal guardian of a student. A complaint brought under this provision
				  shall be subject to the rule of limitations.
(4) This rule shall not operate to preclude
				  any individual from filing a complaint against a licensee for any matter other
				  than those described in paragraph (1) of this subsection, nor shall it operate
				  to limit the Council's ability to bring a complaint for any matter within the
				  agency's jurisdiction.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter A - FILING A COMPLAINT › Section 884.6 - Protections Based On Affiliation with Religious Organizations

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Chapter 2400 of the Government Code,
					 the Council and member boards may not initiate or take disciplinary action,
					 including eligibility proceedings, against applicants or licensees based wholly
					 or partly on the person's membership in, affiliation with, or contribution,
					 donation, or other support provided to a religious
					 organization.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter B - INVESTIGATIONS AND DISPOSITION OF COMPLAINTS › Section 884.10 - Investigation of Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  priority rating system shall serve to distinguish between categories of
				  complaints. The priority rating system is as follows:
(1) High Priority - cases involving sexual
				  misconduct or a probability of imminent physical harm to the public or a member
				  of the public; and
(2) Regular
				  Priority - cases involving all other violations of state or federal
				  law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter B - INVESTIGATIONS AND DISPOSITION OF COMPLAINTS › Section 884.11 - Informal Conferences

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose
				  of an informal conference shall be to provide the complainant with an
				  opportunity to be heard, the respondent with an opportunity to show compliance
				  with the law, and for the agency staff or Disciplinary Review Panel to make a
				  recommendation regarding the informal disposition of the complaint. An informal
				  disposition may be made of any complaint by stipulation, conditional letter of
				  agreement, agreed or consent order, or dismissal.
(b) Agency staff may conduct an informal
				  conference if counsel for the agency reasonably believes that expert testimony
				  is not required to prove a violation of a standard of care or the scope of
				  practice for the profession. Agency staff shall exercise reasonable control
				  over the mode and order of the appearance by the parties, the presentation of
				  witnesses and evidence, and the overall order and decorum during the
				  proceedings. Complainants and respondents will be provided an opportunity to be
				  heard by staff, at a time separate and apart from the other.
(c) A Disciplinary Review Panel shall consist
				  of not more than three board members selected by the member board. The panel
				  shall confer with each other and select a chair for the informal conference.
				  The panel chair shall exercise reasonable control over the mode and order of
				  the appearance by the parties, the presentation of witnesses and evidence, and
				  the overall order and decorum during the proceedings. Complainants and
				  respondents will be provided an opportunity to be heard by the panel, at a time
				  separate and apart from the other.
(d) Complainants and respondents may appear
				  with legal counsel at informal conferences and shall be provided with an
				  opportunity to present witnesses and any evidence they believe is relevant to a
				  determination of the allegations, including written statements or
				  communications, medical or mental health records, recordings, photographs, or
				  other documentary evidence.
(e)
				  Complainants and respondents are encouraged to attend informal conferences, but
				  attendance is voluntary.
(1) Failure by a
				  respondent to attend an informal conference does not constitute professional
				  misconduct or failure to cooperate with a Council investigation, but a
				  respondent is not entitled to a new or additional informal conference if agency
				  staff or the panel makes a disciplinary recommendation regarding the licensee
				  in absentia.
(2) Failure by a
				  complainant to attend an informal conference may result in a recommendation for
				  dismissal of the complaint.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter B - INVESTIGATIONS AND DISPOSITION OF COMPLAINTS › Section 884.12 - Complaint Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a) The Council
				  must approve and enter all final orders following a contested case before SOAH
				  or where no agreement exists between the agency and the respondent regarding
				  the disposition of a contested enforcement related matter. However, each member
				  board shall be responsible for reviewing complaints involving the standard of
				  care, ethical guidelines, or scope of practice following a contested case
				  before SOAH and making a recommendation to the Council regarding the final
				  disposition. A recommendation from a member board must include any recommended
				  modifications to the findings of fact and conclusions of law in the PFD, as
				  well as the recommended sanction. A proposed final order reflecting a member
				  board's recommendations shall satisfy the requirements of this rule.
(b) The Council shall review recommendations
				  from member boards for anti-competitive impacts, administrative consistency,
				  and good governance concerns. The Council may not substitute its judgment in
				  contested enforcement matters for that of a member board where, in the
				  Council's determination, none of the aforementioned concerns are
				  present.
(c) The Council may
				  solicit input from and request the assistance of a member board when
				  considering a contested enforcement matter if there are concerns about the
				  standard of care or ethical practice shown by a licensee. The Council may
				  specify the format of the input and assistance requested to satisfy the
				  requirements of this rule.
(d) Each
				  member board is authorized to dismiss complaints and approve and enter agreed
				  final orders and informal dispositions; Council ratification is not required.
				  The Executive Director shall report the number of dismissals and agreed orders
				  entered under this rule at Council meetings.
(e) Disposition by the Executive Director.
(1) The Executive Director is authorized to:
(A) dismiss a complaint if the investigator
				  and legal counsel agree that a violation did not occur or that the agency lacks
				  jurisdiction over the complaint;
(B) dismiss a complaint recommended for
				  dismissal by a Disciplinary Review Panel;
(C) dismiss a complaint following a contested
				  case hearing before SOAH where the ALJ finds no violation of the law has
				  occurred;
(D) accept the voluntary
				  resignation of a license;
(E)
				  offer, approve, and enter agreed orders if the disciplinary sanction imposed
				  complies with the disciplinary guidelines and relevant schedule of sanctions;
				  and
(F) enter an order suspending a
				  license upon receipt of an order suspending a license issued under Chapter 232
				  of the Family Code. Council ratification is not required.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter C - DISCIPLINARY GUIDELINES AND SCHEDULE OF SANCTIONS › Section 884.20 - Disciplinary Guidelines and General Schedule of Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. These disciplinary sanction
				  guidelines are designed to provide guidance in assessing sanctions for
				  violations of the Occupations Code, Chapter 507, and the Council's rules. The
				  purpose of disciplinary sanctions is to protect the public, deter future
				  violations, offer opportunities for rehabilitation if appropriate, punish
				  violators, and deter others from violations. These guidelines are intended to
				  promote consistent sanctions for similar violations, facilitate timely
				  resolution of cases, and encourage settlements.
(1) Single Violation. The standard
				  disciplinary sanctions outlined in the applicable schedule of sanctions shall
				  apply to cases involving a single violation, and in which there are no
				  aggravating or mitigating factors.
(2) Multiple Violations. The Council may
				  impose more severe or restrictive sanctions for multiple violations.
(3) Aggravating and Mitigating Factors. The
				  Council may impose more or less severe or restrictive sanctions, based on any
				  aggravating and/or mitigating factors that are found to apply in a particular
				  case.
(4) The standard and minimum
				  disciplinary sanctions outlined below are applicable to persons who are being
				  sanctioned for the first time. The Council may consider more severe or
				  restrictive sanctions if a person has had a sanction assessed against them
				  previously.
(5) The maximum
				  disciplinary sanction in all cases is revocation of the license, which may be
				  accompanied by an administrative penalty of up to $5,000 per violation. In
				  accordance with §
											507.352 of the
				  Occupations Code, each day the violation continues or occurs is a separate
				  violation.
(6) Each violation
				  constitutes a separate offense, even if arising out of a single act.
(7) Failure to list a specific violation or
				  Council rule in this rule does not prevent the Council from taking disciplinary
				  action for such a violation.
(8) If
				  a sanction for a violation of state or federal law is not listed in this rule,
				  or specifically stated elsewhere, the sanction shall be a reprimand and
				  administrative penalty.
(9)
				  Notwithstanding paragraph (8) of this subsection, the Council will evaluate and
				  determine the appropriate sanction for a licensee with a qualifying criminal
				  conviction in accordance with §
											53.021
				  of the Occupations Code.
(10) The
				  Council may combine an administrative penalty with another standard
				  disciplinary sanction to protect the public or deter future
				  violations.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter C - DISCIPLINARY GUIDELINES AND SCHEDULE OF SANCTIONS › Section 884.21 - Assessment of Sanction

Current through Reg. 49, No. 28; July 12, 2024
The Council, subject to §
										507.306 of the
					 Occupations Code, has the exclusive authority to assess sanctions against
					 licensees who are found to have violated a law within its jurisdiction. While
					 the Council will consider an ALJ's recommendations as to the sanctions to be
					 imposed, it is not bound by such recommendations. The appropriate sanction is
					 not a proper finding of fact or conclusion of law, and the determination of the
					 appropriate sanction is reserved to the Council based upon the relevant
					 schedule of sanctions and record in a contested case.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter D - DUTIES AND RESPONSIBILITIES › Section 884.30 - Cooperation with Council Investigations

Current through Reg. 49, No. 28; July 12, 2024
Licensees must cooperate with and respond to Council
					 investigations. Failure to cooperate or respond may serve as grounds for a
					 Council-initiated complaint and disciplinary action.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter D - DUTIES AND RESPONSIBILITIES › Section 884.31 - Notice to the Public of Complaint Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Licensees shall provide notice to the
				  public (e.g., patients, clients) that complaints can be filed with the Council
				  by any of the following methods:
(1) on a
				  registration form, application, written contract for services, or other intake
				  paperwork required by licensees prior to delivering services;
(2) on a sign prominently displayed in the
				  licensee's place of business or location where services are delivered. The sign
				  must be printed on paper of no less than 8-1/2 inches by 11 inches in
				  size;
(3) in a prominent and easily
				  accessible location on the licensee's website; or
(4) in a bill for services.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter D - DUTIES AND RESPONSIBILITIES › Section 884.32 - Reportable Legal Action and Discipline

Current through Reg. 49, No. 28; July 12, 2024
(a) Licensees are required to report legal
				  actions as follows:
(1) Any conviction,
				  sentence, dispositive agreement, or order placing the licensee on community
				  supervision or pretrial diversion, must be reported in writing to the Council
				  within thirty days of the underlying event. A report must include the case
				  number, court, and county where the matter is filed, together with a
				  description of the matter being reported. A licensee shall provide copies of
				  court documents upon request from agency staff.
(2) Any lawsuit brought by or against a
				  licensee concerning or related to the delivery of services regulated by this
				  agency or billing practices by the licensee. A report must include a copy of
				  the initial pleading filed by or served upon the licensee, and must be
				  submitted to the Council within thirty days of either filing by or service upon
				  the licensee.
(3) Any
				  administrative or disciplinary action initiated against a licensee by another
				  health regulatory agency in this state or any other jurisdiction, or any agency
				  or office within the federal government, must be reported to the Council by
				  sending notification of the action within thirty days of the licensee receiving
				  notice of the action. A report must include a copy of any complaint, notice of
				  violation, or other documentation received by the licensee from the initiating
				  entity which describes the factual basis for the action. A licensee must also
				  supplement this report to the Council with a copy of any order, letter, or
				  determination setting forth the final disposition of the matter within thirty
				  days following the final disposition.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter E - LICENSE SUSPENSION › Section 884.40 - Temporary Suspension of a License

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with §
										507.302 of the
				  Occupations Code, a license shall be temporarily suspended when the Council or
				  an executive committee of the Council determines that the continued practice by
				  a licensee (respondent) would constitute a continuing and imminent threat to
				  the public welfare.
(b) An
				  executive committee of the Council shall convene as follows:
(1) For each temporary suspension proceeding,
				  the Council shall appoint a three-member executive committee, called a
				  "suspension panel," to consider the information and evidence presented by
				  agency staff. The suspension panel must have at least one member from the same
				  profession as the respondent and a majority of members from the respondent's
				  member board. The suspension panel shall confer with each other and name a
				  chair of the suspension panel.
(2)
				  In the event of the recusal of a suspension panel member or the inability of a
				  suspension panel member to attend a temporary suspension proceeding, the
				  presiding officer for the Council may appoint an alternate council member to
				  serve on the suspension panel.
(3)
				  The suspension panel may convene in-person or via telephone, video conference,
				  or other electronic means.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter E - LICENSE SUSPENSION › Section 884.41 - Suspension of License for Failure to Pay Child Support

Current through Reg. 49, No. 28; July 12, 2024
(a) On receipt of a final court order or
				  order from a Title IV-D agency (e.g. the Texas Attorney General) suspending a
				  license due to failure to pay child support, the Executive Director shall
				  immediately determine if the Council has issued a license to the obligor named
				  on the order, and, if a license has been issued:
(1) enter an order of suspension of the
				  license;
(2) report the suspension
				  as appropriate; and
(3) demand
				  surrender of the suspended license.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter F - SPECIAL PROVISIONS FOR PERSONS LICENSED TO PRACTICE PSYCHOLOGY › Section 884.50 - Competency Evaluations under Chapter 501 of the Occupations Code

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
				  with §
										501.158 of the
				  Occupations Code, based upon the Council's reasonable belief that an applicant
				  or person licensed under Chapter 501 is not physically or mentally competent to
				  provide psychological services with reasonable skill and safety to patients or
				  has a physical or mental disease or condition that would impair the person's
				  competency to provide psychological services, the Council may request the
				  person submit to:
(1) a physical examination
				  by a physician approved by the Council; or
(2) a mental examination by a physician or
				  psychologist approved by the Council.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter F - SPECIAL PROVISIONS FOR PERSONS LICENSED TO PRACTICE PSYCHOLOGY › Section 884.51 - Remedial Plans under Chapter 501 of the Occupations Code

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
				  with §
										501.411 of the
				  Occupations Code, the Council may issue and establish the terms of a
				  non-disciplinary remedial plan to resolve the investigation of a complaint
				  against a person licensed under Chapter 501.
(b) A remedial plan may not contain a
				  provision that:
(1) revokes, suspends,
				  limits, or restricts a person's license or other authorization to practice
				  psychology; or
(2) assesses an
				  administrative penalty against a person.