reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 881 - GENERAL PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 881.12 - Statutory or Rule References

Current through Reg. 49, No. 28; July 12, 2024
Unless expressly provided otherwise, a reference to any
					 portion of a statute or rule applies to all reenactments, revisions, or
					 amendments of the statute or rule.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 881 - GENERAL PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 881.13 - Conduct and Decorum

Current through Reg. 49, No. 28; July 12, 2024
(a) Persons
				  having business with or interacting with the Council, member boards, or agency
				  staff shall conduct themselves with proper dignity, courtesy, and respect.
				  Disorderly or disruptive conduct will not be tolerated.
(b) The presiding officers for the Council
				  and member boards may, in their own discretion, exclude from a meeting or
				  proceeding, a person who, with intent to prevent or disrupt an agency meeting
				  or proceeding, obstructs or interferes with the meeting or proceeding by
				  physical action or verbal utterance. A person excluded under this rule may be
				  excluded for the remainder of the meeting or proceeding or for a shorter period
				  of time as is deemed just and reasonable by the presiding officer.
(c) Conduct or language directed at agency
				  officials or staff by applicants or licensees that a reasonable person would
				  find abusive or threatening is considered unprofessional conduct and 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 881 - GENERAL PROVISIONS › Subchapter B - RULEMAKING › Section 881.20 - Rulemaking by the Executive Council

Current through Reg. 49, No. 28; July 12, 2024
(a) The Council shall adopt rules necessary
				  to perform its duties and implement Title 3, Subtitle I, Chapter 507 of the
				  Occupations Code. When carrying out its rulemaking functions, the Council shall
				  abide by the requirements of the Administrative Procedure Act found in Chapter
				  2001 of the Government Code.
(b)
				  The Council shall have exclusive rulemaking authority for the agency, including
				  rules governing general agency operations, administration of licensure,
				  investigation of complaints, and sanction procedures. In connection with this
				  rulemaking authority, the Council must also review draft rules proposed by each
				  member board for anti-competitive impacts, administrative consistency, and good
				  governance concerns.
(c) The
				  Council may propose and adopt a rule governing those matters set forth in
				  §
										507.153(a)
				  of the Occupations Code if a draft rule has been proposed by the member board
				  for the profession. Member boards may not propose new draft rules or changes to
				  rules except as authorized by §507.153(a).
(d) Member boards must submit a new draft
				  rule or rule change to the Council for consideration by submitting a draft of
				  the rule with any deletions crossed through and additions underlined. The draft
				  must also contain each of the notice components required in a preamble (e.g.,
				  §
										2001.024 of the
				  Government Code) when proposing a new rule or changes to an existing rule. When
				  submitting a new draft rule or rule change to the Council, member boards must
				  also submit any information or comments received from the public in connection
				  with the proposed rule.
(e) When
				  reviewing a draft rule proposed by a member board, the Council may:
(1) Request additional information relevant
				  to the rule from the member board;
(2) Require the member board to conduct new
				  or additional analysis of possible implications of the rule;
(3) Solicit public comment or hold public
				  hearings, or alternatively, request the member board do so; and
(4) Make non-substantive, editorial changes
				  to the rule as necessary.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 881 - GENERAL PROVISIONS › Subchapter B - RULEMAKING › Section 881.21 - Petition for Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Any interested person may petition for rulemaking in accordance with §
										2001.021
				  of the Government Code by submitting to the Council a written request for the
				  adoption of a rule or rule change. The written request must contain a return
				  mailing address for the agency's response.
(b) The written request must, at a minimum,
				  set forth or identify the rule the petitioner wants the Council to adopt or
				  change, reasons why the petitioner believes the requested rulemaking is
				  necessary, and include a copy of the proposed rule or any proposed changes with
				  deletions crossed through and additions underlined. Additionally, the written
				  request must affirmatively show that the requestor qualifies as an interested
				  person under this rule. Requests which do not affirmatively show that the
				  requestor qualifies as an interested person under this rule may be
				  denied.
(c) The written request
				  should also address the economic cost to persons required to comply with the
				  rule, the effects of the rule on small or micro-businesses or rural
				  communities, and the impact the rule would have on local employment or
				  economics, if such information can be derived from available sources without
				  undue cost or burden.
(d) A
				  petition for rulemaking which involves any of those matters set forth in §
										507.153(a)
				  of the Occupations Code will be submitted by agency staff to the appropriate
				  member board for initial review and consideration.
(e) The Council will respond to a written
				  request for adoption of a rule from an interested person in accordance with
				  §
										2001.021
				  of the Government Code.
(f) The
				  term "interested person" as used in this rule, shall have the same meaning as
				  that assigned by §
										2001.021(d)
				  of the Government Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 881 - GENERAL PROVISIONS › Subchapter C - PERSONNEL › Section 881.30 - Executive Director

Current through Reg. 49, No. 28; July 12, 2024
(a) The Council
				  shall determine qualifications for and employ an Executive Director who shall
				  be the Chief Executive Officer of the agency.
(b) The duties of the Executive Director
				  shall be to administer and enforce the applicable law, to assist in conducting
				  Council meetings, and to carry out other responsibilities as assigned by the
				  Council.
(c) The Executive Director
				  shall have the authority and responsibility for the operations and
				  administration of the agency and such additional powers and duties as
				  prescribed by the Council. As chief executive of the agency, the Executive
				  Director shall be responsible for the management of all aspects of
				  administration of the agency to include personnel, financial and other
				  resources in support of the applicable law, rules, policies, mission and
				  strategic plan of the agency. The Executive Director may delegate any
				  responsibility or authority to an employee of the Council. Responsibility or
				  authority granted to the Executive Director shall include an employee
				  designated by the Executive Director, yet accountability to the Council for all
				  management and activity rests with the Executive Director.
(d) The Executive Director may implement any
				  emergency orders or proclamations issued by the Governor to suspend or amend
				  existing statutes and rules. The Executive Director will notify the Council of
				  the actions taken to comply with the Governor's emergency orders or
				  proclamations.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 881 - GENERAL PROVISIONS › Subchapter C - PERSONNEL › Section 881.31 - Agency Staff Training and Education

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with the State Employee
				  Training Act found at Government Code, Chapter 656, Subchapter C, agency staff
				  may be permitted or required to attend training or education programs if those
				  programs relate to the employee's duties or prospective duties, materially aid
				  effective administration of the agency's functions, and serve an important
				  public purpose.
(b) The Council's
				  Executive Director shall be eligible to attend training and education programs,
				  and shall determine which other employees will be permitted or required to
				  attend training.
(c) Employees who
				  receive training must utilize the training opportunity to prepare for
				  technological and legal developments facing the agency, or to increase
				  professional capabilities or competence directly related to the work of the
				  agency.
(d) An employee, prior to
				  receiving training for three or more months, during which the employee does not
				  perform the employee's regular duties, must enter into a written agreement with
				  the Council to comply with the requirements of §
										656.103(a)
				  of the Government Code. Employees who fail or refuse to enter into such an
				  agreement shall not be permitted to attend training lasting three or more
				  months.
(e) The Council shall pay
				  the costs and expenses related to approved training in accordance with the
				  State Employee Training Act, the Comptroller's rules and regulations, and the
				  Council's own policies relating to employee reimbursement.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 881 - GENERAL PROVISIONS › Subchapter C - PERSONNEL › Section 881.32 - Sick Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
(a) The Council
				  hereby establishes a sick leave pool to assist employees and their immediate
				  families in dealing with catastrophic illness or injury that forces them to
				  exhaust all accrued sick leave.
(b)
				  The Council's sick leave pool shall be administered by the Executive Director
				  in accordance with Chapter 661 of the Government Code, the rules and
				  regulations of the Employees Retirement System of Texas, and the Texas Human
				  Resources Statutes Inventory manual published by the Texas State Auditor's
				  Office.
(c) The Executive Director
				  shall develop and prescribe procedures for the operation of the sick leave
				  pool, and include such procedures in the Council's personnel manual.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 881 - GENERAL PROVISIONS › Subchapter C - PERSONNEL › Section 881.33 - Family Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
(a) The Council
				  hereby establishes a family leave pool to provide eligible employees more
				  flexibility in bonding with and caring for children during a child's first year
				  following birth, adoption, or foster placement, and to care for themselves or
				  family members suffering from serious illness, including pandemic-related
				  illnesses or complications caused by a pandemic.
(b) The Council's family leave pool shall be
				  administered by the Executive Director in accordance with Chapter 661 of the
				  Government Code and the Texas Human Resources Statutes Inventory manual
				  published by the Texas State Auditor's Office.
(c) The Executive Director shall develop and
				  prescribe procedures for the operation of the family leave pool and include
				  such procedures in the Council's personnel manual.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 881 - GENERAL PROVISIONS › Subchapter D - CONTRACTS AND PROCUREMENT › Section 881.40 - Agency Contracts and Purchasing

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with §
										2155.076 of the
				  Government Code, the Council adopts by reference the rules of the Comptroller
				  of Public Accounts regarding purchasing protest procedures set forth in 34 TAC,
				  Part 1, Chapter 20, Subchapter F, Division 3. All vendor protests under this
				  rule must be submitted to the Council's Chief Financial Officer, who shall
				  initiate a review of the protest. Any appeal to a determination of a protest by
				  the Chief Financial Officer shall be to the Executive Director, who may elect
				  to submit the appeal to the Council for final determination. The Council shall
				  maintain all documentation on the purchasing process that is the subject of a
				  protest or appeal in accordance with the Council's retention
				  schedule.
(b) In accordance with
				  §
										2156.005 of the
				  Government Code, the Council adopts by reference the rules of the Comptroller
				  of Public Accounts regarding bid opening and tabulation set forth in 34 TAC,
				  Part 1, Chapter 20, Subchapter C, Division 2.
(c) In accordance with §
										2260.052 of the
				  Government Code, the Council adopts by reference the rules of the Office of the
				  Attorney General in 1 TAC Part 3, Chapter 68 (relating to Negotiation and
				  Mediation of Certain Contract Disputes). The rules set forth a process to
				  permit parties to structure a negotiation or mediation in a manner that is most
				  appropriate for a particular dispute regardless of the contract's complexity,
				  subject matter, dollar amount, or method and time of performance.
(d) In accordance with §
										2261.202 of the
				  Government Code, the Executive Director shall be responsible for monitoring
				  agency contracts and for monitoring agency compliance with all applicable laws
				  governing agency contracting. The Executive Director may delegate those duties
				  necessary to carry out this responsibility to other agency staff who report
				  directly to the Executive Director.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 881 - GENERAL PROVISIONS › Subchapter D - CONTRACTS AND PROCUREMENT › Section 881.41 - Use of Historically Underutilized Businesses (HUBS)

Current through Reg. 49, No. 28; July 12, 2024
In accordance with §
										2161.003 of the
					 Government Code, the Council adopts by reference the rules of the Comptroller
					 of Public Accounts in 34 TAC Part 1, Chapter 20, Subchapter D, Division
					 1.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter A - LICENSE APPLICATIONS › Section 882.1 - Application Process

Current through Reg. 49, No. 28; July 12, 2024
Applications for licensure are processed in the following
					 manner:
(1) Applicants must submit for
				  review an official application form, the corresponding application fee, and all
				  information required by law to the Council. The responsibility for submitting a
				  complete application resides solely with the applicant. An application
				  submitted with the incorrect fee amount will be returned to the
				  applicant.
(2) Applications are
				  reviewed in the order in which they are received, unless the applicant
				  qualifies for expedited processing under §
										55.005 of the
				  Occupations Code. Applicants who qualify for expedited processing will have
				  their applications processed as soon as practicable. The Council will notify
				  applicants of any deficiency in their application.
(3) Applications for licensure under Chapters
				  502, 503, and 505 of the Occupations Code which are incomplete will be held
				  open for one year from the date of receipt, after which, if still incomplete,
				  they will expire. Applications for licensure under Chapter 501 of the
				  Occupations Code which are incomplete will be held open for 90 days from the
				  date of receipt, after which, if still incomplete, they will expire. If
				  licensure is sought after an application has expired, a new application and
				  filing fee must be submitted.
(4)
				  Applications containing a substantive problem with an applicant's
				  qualifications that cannot be resolved by reviewing staff shall proceed through
				  the following chain of review until such matter is resolved to the agency's
				  satisfaction:
(A) Reviewing staff's immediate
				  supervisor;
(B) Licensing Manager;
(C) Executive Director;
(D) Committee established by the member board
				  for the profession charged with addressing application or licensing matters;
				  and
(E) Full member board for the
				  profession.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter A - LICENSE APPLICATIONS › Section 882.2 - General Application File Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To be complete,
				  an application file must contain all information needed to determine an
				  applicant's eligibility to sit for the required examinations, or the
				  information and examination results needed to determine an applicant's
				  eligibility for licensure. At a minimum, all applications for licensure must
				  contain:
(1) An application in the form
				  prescribed by the Council based on member board rules and corresponding
				  fee(s);
(2) An official transcript
				  from a properly accredited institution indicating the date the degree required
				  for licensure was awarded or conferred. Transcripts must be received by the
				  Council directly from the awarding institution, a transcript or credential
				  delivery service, or a credentials bank that utilizes primary source
				  verification;
(3) A fingerprint
				  based criminal history record check through the Texas Department of Public
				  Safety and the Federal Bureau of Investigation;
(4) A self-query report from the National
				  Practitioner Data Bank (NPDB) reflecting any disciplinary history or legal
				  actions taken against the applicant. A self-query report must be submitted to
				  the agency as a PDF that ensures the self-query is exactly as it was issued by
				  the NPDB (i.e., a digitally certified self-query response) or in the sealed
				  envelope in which it was received from the NPDB;
(5) Verification of the citizenship and
				  immigration status information of non-citizen, naturalized, or derived U.S.
				  citizen applicants through the DHS-USCIS Systematic Alien Verification for
				  Entitlements Program (SAVE). Applicants must submit the documentation and
				  information required by the SAVE program to the Council;
(6) Examination results for any required
				  examinations taken prior to applying for licensure;
(7) Documentation of any required supervised
				  experience, supervision plans, and agreements with supervisors; and
(8) Any other information or supportive
				  documentation deemed relevant by the Council and specified in its application
				  materials.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter A - LICENSE APPLICATIONS › Section 882.3 - Review and Appeal of License Denials

Current through Reg. 49, No. 28; July 12, 2024
(a) If an application for licensure is denied
				  at the staff or committee level, the applicant will have 30 days from the date
				  of denial as shown on the letter to submit a written request to the Council for
				  review by the member board. The written request must be received on or before
				  the 30th day following the date of denial for the request to be timely. If a
				  timely written request for review is not made, the denial is final.
(b) If an application for licensure is denied
				  by a member board, the applicant will have 30 days from the date of denial as
				  shown on the letter to submit a written request to the Council for a hearing at
				  SOAH. The Council must receive the written request on or before the 30th day
				  following the date of denial for the request to be timely. If a timely request
				  is made, the Council shall refer the contested case to SOAH for a hearing. If a
				  timely written request is not made, the denial is final.
(c) The Council shall render a final decision
				  on an application for licensure based upon the record following an appeal at
				  SOAH. The final decision shall be in writing and shall be signed by the
				  presiding officer for the Council or the Executive Director.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter A - LICENSE APPLICATIONS › Section 882.4 - Assistance in Licensing Determinations

Current through Reg. 49, No. 28; July 12, 2024
(a) Each member board shall be responsible
				  for reviewing any licensing matters and questions raised or brought to it by
				  agency staff regarding an application or renewal. The member boards may utilize
				  committees to address application or licensing matters, and shall provide the
				  Council with a recommendation as to any licensing matters or questions raised
				  or brought to it by agency staff regarding an application or renewal.
(b) The Council shall review all licensing
				  matters for anti-competitive impacts, administrative consistency, and good
				  governance concerns. The Council may not substitute its judgment in licensing
				  determinations for that of a member board where, in its sole determination,
				  none of the aforementioned concerns are present.
(c) The Council shall solicit input from and
				  request the assistance of a member board when considering an application for
				  issuance or renewal of a license if there are concerns about an applicant
				  related to the standard of care or professional qualifications. The Council may
				  specify the format of the input and assistance requested to satisfy the
				  requirements of this rule.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter A - LICENSE APPLICATIONS › Section 882.5 - Jurisprudence Examination Requirement

Current through Reg. 49, No. 28; July 12, 2024
Applicants must take and pass the jurisprudence
					 examination no more than 6 months prior to submitting an application for
					 licensure to the Council.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter A - LICENSE APPLICATIONS › Section 882.6 - Limitation on Number of Examination Attempts

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant may take an examination
				  administered or required by the Council no more than three times. Failure to
				  pass an examination subject to this rule within three attempts, will result in
				  an automatic denial of an application.
(b) Notwithstanding subsection (a) of this
				  section, an applicant whose application is denied under this rule may reapply
				  for licensure, but will not be allowed or approved to sit for the exam again
				  until the applicant has submitted a detailed study plan designed to address the
				  known or suspected areas of deficiency. The study plan must be approved by the
				  relevant member board before authorization will be given to retake the
				  examination.
(c) Examinations which
				  do not require pre-authorization by the Council to take, are not subject to
				  this rule.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter A - LICENSE APPLICATIONS › Section 882.7 - Reasonable Accommodations for Persons with Disabilities and Dyslexia

Current through Reg. 49, No. 28; July 12, 2024
(a) The Council
				  shall comply with applicable provisions of the Americans with Disabilities Act
				  (ADA) in its applications procedures by providing reasonable accommodations
				  that do not violate or undermine the agency's mission or state law.
(b) It is the responsibility of the
				  individual applicant to inform the Council in advance of any reasonable
				  accommodations needed during the application process, including any
				  examinations conducted by the agency. Only requests which give the Council
				  sufficient notice and opportunity to provide reasonable accommodations without
				  disrupting the normal business of the agency will be considered.
(c) Requests for reasonable accommodations
				  under this rule must contain each of the following:
(1) a written description of the disability,
				  as well as the functional limitations resulting from the disability;
(2) the specific accommodations
				  requested;
(3) a description of any
				  accommodations received in the past for the disability; and
(4) a formal medical or mental health
				  diagnosis made or confirmed within the last five years by a licensed
				  professional qualified to make the diagnosis describing the need for specific
				  accommodations. The diagnosis must have been made or confirmed within the last
				  12 months for psychiatric disabilities. This requirement does not apply to
				  physical or sensory disabilities of a permanent or unchanging
				  nature.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter A - LICENSE APPLICATIONS › Section 882.8 - Rescheduling of Examination Due to Religious Holy Day

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicants wishing to observe a religious
				  holy day on which their religious beliefs prevent them from taking an
				  examination scheduled by the Council on that religious holy day will be allowed
				  to take the examination on an alternate date.
(b) Applicants wishing to take an
				  examination, scheduled on a religious holy day, on an alternate date must
				  submit a written request to take the examination on an alternate date and state
				  the religious holy day they wish to observe. Applicants must submit their
				  written request prior to being scheduled for an examination.
(c) The Council may extend any time periods
				  for completing an examination, as needed when scheduling an alternate
				  examination date.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter A - LICENSE APPLICATIONS › Section 882.9 - Established Application Processing Times

Current through Reg. 49, No. 28; July 12, 2024
(a) The Council shall publish the minimum,
				  maximum, and median times for processing applications during the preceding
				  12-month period on its website, together with a justification for each of these
				  periods. These figures will be updated on an annual basis.
(b) Applicants whose application processing
				  time exceeds 90 days or the maximum processing time published on the agency's
				  website, whichever is greater, may submit a written complaint to the Executive
				  Director requesting a timely resolution of any dispute arising from the
				  delay.
(c) The Executive Director
				  shall, upon receipt of a proper complaint, review the matter to determine
				  whether the agency has good cause, as that term is defined in §
										2005.004 of the
				  Government Code, for exceeding the maximum application processing time. If the
				  maximum application processing time was exceeded and good cause is not found,
				  the Council shall refund any application fee paid in connection with the
				  delayed application.
(d) There is
				  no appeal of the determination made by the Executive Director under this rule.
				  A complaint is waived if not filed within 30 days of licensure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter A - LICENSE APPLICATIONS › Section 882.10 - Applicants with Pending Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) The Council may
				  hold an application in abeyance up to 180 days if there is a high priority
				  complaint pending against the applicant. Alternatively, the Council may issue a
				  license subject to an eligibility order in lieu of abatement.
(b) An applicant will be permitted to take
				  all required exams while an application is abated.
(c) Notwithstanding any other rule, the
				  Council may enter findings of fact and conclusions of law and take disciplinary
				  action against a license for acts or omissions that occurred prior to the
				  issuance of the license.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter A - LICENSE APPLICATIONS › Section 882.11 - Applicants with Foreign Degrees

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  applicant with a foreign degree must submit an official transcript and
				  certified translation when applying for licensure. The official transcript must
				  be translated to English by the issuing institution, a translator that is
				  certified by the American Translators Association, a reputable foreign
				  translator or translation service, or a U.S. college or university
				  official.
(b) An applicant with a
				  foreign degree must have the degree evaluated to determine if it is comparable
				  to the degree required for the particular license sought. Foreign degree
				  evaluations must be sent directly to the Council from the evaluation service,
				  submitted by the applicant in the sealed envelope in which they are received
				  from the evaluation service, or be submitted as directed by agency
				  staff.
(c) Foreign degree
				  evaluations must be conducted by a foreign degree evaluation service that is a
				  member of the National Association of Credential Evaluation Services (NACES) or
				  the Association of International Credential Evaluators, Inc. (AICE).
				  Alternatively, the Council will accept foreign degree evaluations from the
				  National Register of Health Service Psychologists for persons applying under
				  Chapter 501 of the Occupations Code and the International Social Work Degree
				  Recognition and Evaluation Service for persons applying under Chapter 505 of
				  the Occupations Code.
(d) The
				  Council retains the exclusive authority to determine whether a foreign degree
				  is comparable to the degree required for licensure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter A - LICENSE APPLICATIONS › Section 882.12 - Refusal to Issue License 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 issue a license to an individual if the Council receives notice
				  from a child support agency that the applicant 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 issuance of a license.
(b) Following receipt of notice from a child
				  support agency, the Council may not issue a license until the child support
				  agency has notified the Council that the applicant has met one or more of the
				  requirements set out in §
										232.0135(b)
				  of the Family Code.
(c) The Council
				  may charge the applicant a fee equal to the application fee for a refusal under
				  this rule.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter A - LICENSE APPLICATIONS › Section 882.13 - 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 may not deny an application or renewal of a license based wholly or
					 partly on a 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 882 - APPLICATIONS AND LICENSING › Subchapter B - LICENSE › Section 882.20 - Form of License

Current through Reg. 49, No. 28; July 12, 2024
(a) Each member
				  board shall be responsible for the content and design of its licenses, subject
				  to the approval of the Council. A license issued by the Council shall
				  prominently reflect the member board for the profession and reference the board
				  being a member of the Council.
(b)
				  A license shall include the full legal name of the license holder at the time
				  of licensure and the unique license number assigned to the license.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter B - LICENSE › Section 882.21 - License Statuses

Current through Reg. 49, No. 28; July 12, 2024
(a) Active Status.
				  Any licensee with a license on active status may practice pursuant to that
				  license, subject to any restrictions imposed by the Council. Active status is
				  the only status under which a licensee may engage in the practice of the
				  licensee's respective profession.
(b) Inactive Status.
(1) A licensee with an unrestricted active
				  license may elect inactive status through the Council's online licensing
				  system. A licensee who elects inactive status must pay the associated
				  fee.
(2) A licensee with an
				  inactive license is not required to comply with continuing education
				  requirements while the license is inactive.
(3) The inactive status period for a license
				  shall coincide with the license renewal period. At the end of the renewal
				  period, if the inactive status has not been renewed or the license returned to
				  active status, the license will expire.
(4) In order to continue on inactive status,
				  an inactive licensee must renew the inactive status each renewal period.
				  Licensees may renew their inactive status through the Council's online
				  licensing system by completing the online renewal requirements and paying the
				  associated fee.
(5) A licensee with
				  a pending complaint may not place a license on inactive status. If disciplinary
				  action is taken against a licensee's inactive license, the licensee must
				  reactivate the license until the terms of the disciplinary action or restricted
				  status have been terminated. Failure to reactivate a license when required by
				  this paragraph shall constitute grounds for further disciplinary
				  action.
(6) An inactive license may
				  be reactivated at any time by applying for active status through the online
				  licensing system. When reactivating a license, a licensee must pay the renewal
				  fee associated with the license. A license that has been reactivated is subject
				  to the standard renewal schedule and requirements, including renewal and late
				  fees. Notwithstanding the foregoing, a license that is reactivated within 60
				  days of its renewal date will be considered as having met all renewal
				  requirements and will be renewed for the next renewal period.
(7) Any licensee reactivating a license from
				  inactive status must provide proof of completion of the continuing education
				  requirements for renewal of that particular license before reactivation will
				  occur.
(8) A licensee wishing to
				  reactivate a license that has been on inactive status for four years or more
				  must take and pass the relevant jurisprudence exam with the minimum acceptable
				  score, unless the licensee holds another license on active status within the
				  same profession.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter B - LICENSE › Section 882.22 - Reinstatement of a License

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  whose full license has expired or been retired, revoked, or resigned, may apply
				  for reinstatement of the license. A person seeking re-licensure must apply for
				  reinstatement, rather than applying for a new full license.
(b) An application for reinstatement shall be
				  in writing and in the form prescribed by the Council.
(c) In the case of revocation or resignation,
				  application for reinstatement shall not be made prior to one year after the
				  effective date of the revocation or resignation or prior to any time period
				  specified in the order of revocation or resignation. A person whose license was
				  revoked under §108.053 may apply for reinstatement of the license if the
				  person meets the requirements of §
										108.055 of the
				  Occupations Code.
(d) A person
				  seeking reinstatement of a license shall appear before the Council or member
				  board to answer any questions or address any concerns raised by the person's
				  application if requested by a council or board member or the Executive
				  Director. Failure to comply with this paragraph shall constitute grounds for
				  denial of the application for reinstatement.
(e) The Council may approve or deny an
				  application for reinstatement, and in the case of a denial, the Council may
				  also set a reasonable period that must elapse before another application may be
				  filed. The Council may also impose reasonable terms and conditions that an
				  applicant must satisfy before reinstatement of an unrestricted
				  license.
(f) An application for
				  reinstatement of an expired, retired, revoked, or resigned license may be
				  granted upon proof of each of the following:
(1) payment of the application fee;
(2) submission of a self-query report from
				  the National Practitioner Data Bank (NPDB) reflecting any disciplinary history
				  or legal actions taken against the applicant. A self-query report must be
				  submitted to the agency as a PDF that ensures the self-query is exactly as it
				  was issued by the NPDB (i.e., a digitally certified self- query response) or in
				  the sealed envelope in which it was received from the NPDB;
(3) a fingerprint based criminal history
				  check which reflects no disqualifying criminal history;
(4) passage of any examinations required by a
				  member board;
(5) documentation of
				  any continuing education required by a member board; and
(6) submission of any other documentation or
				  information requested in the application or which the Council or a member board
				  may deem necessary in order to ensure the public's safety.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter B - LICENSE › Section 882.24 - Authorized Practice of Marriage and Family Therapy Without a License

Current through Reg. 49, No. 28; July 12, 2024
Notwithstanding Rule § 882.23 of this chapter, the
					 activities or services described in §502.004 of the Licensed Marriage and
					 Family Therapist Act are exempt from the Council's jurisdiction and do not
					 require a license.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter B - LICENSE › Section 882.25 - Authorized Practice of Professional Counseling Without a License

Current through Reg. 49, No. 28; July 12, 2024
Notwithstanding Rule § 882.23 of this chapter, the
					 activities or services described in Subchapter B of the Licensed Professional
					 Counselor Act, together with the use of titles and descriptions of persons as
					 contemplated therein, are exempt from the Council's jurisdiction and do not
					 require a license.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter B - LICENSE › Section 882.26 - Authorized Practice of Psychology Without a License

Current through Reg. 49, No. 28; July 12, 2024
(a) Notwithstanding Rule §882.23 of the
				  chapter, the activities or services described in §501.004 of the
				  Psychologists' Licensing Act are exempt from the Council's jurisdiction and do
				  not require a license.
(b) The
				  activity or service of a post-doctoral fellow or resident in psychology is
				  exempt from the Council's jurisdiction pursuant to §501.004(a)(2) of the
				  Psychologists' Licensing Act if all of the following criteria are met:
(1) The person is enrolled in a formal
				  post-doctoral program that is:
(A) accredited
				  by the American Psychological Association (APA) or is a member of the
				  Association of Psychology Postdoctoral and Internship Centers (APPIC);
				  or
(B) substantially equivalent to
				  a program described in subparagraph (A) of this paragraph;
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter B - LICENSE › Section 882.27 - Authorized Practice of Social Work Without a License

Current through Reg. 49, No. 28; July 12, 2024
Notwithstanding Rule §882.23, the activities or
					 services described in §505.003 of the Social Work Practice Act are exempt
					 from the Council's jurisdiction and do not require a license.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter B - LICENSE › Section 882.28 - Update to Degree on a License

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee may
				  update a sub-doctoral degree listed on his or her official license to a
				  doctoral degree if the licensee submits a complete application and transcript,
				  pays the required fee, and provides any other information or supportive
				  documentation deemed relevant by the Council.
(b) Licensees must submit an official
				  transcript in accordance with §
										882.2 of this chapter indicating
				  the date the doctoral degree was awarded or conferred. Foreign doctoral degrees
				  must be evaluated in accordance with §
										882.11 of this chapter.
(c) A doctoral degree must meet the minimum
				  degree requirements for the applicable license.
(d) An application to update the degree on a
				  license is not an application for licensure, and therefore is not subject to
				  any appeal or review under §
										882.3 of this chapter or Chapter
				  2001 of the
				  Government Code. Further, the staff review and processing of an application
				  under this rule is not subject to the processing times referenced in §
										882.9 of this chapter.
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 882.30 - Display of License

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee
				  must display an official copy of the holder's license in a prominent place in
				  the office, building, complex, or facility where services are delivered. An
				  official copy of a license is the original or a copy issued by the Council
				  bearing the state agency's seal.
(b) In lieu of subsection (a) of this
				  section, a person licensed under Chapter 501 or 505 may provide to a patient or
				  client written notification of the holder's license number accompanied by
				  instructions for verification of same.
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 882.31 - Advertising Restrictions

Current through Reg. 49, No. 28; July 12, 2024
Licensees may not authorize, use, or make any public
					 statements or advertisements that are false, deceptive, misleading or
					 fraudulent, either because of what they state, convey or suggest or what they
					 omit concerning their own training, experience, supervision status, abilities
					 or competence; their academic degrees; their credentials; their institutional
					 or association affiliations; or their publications or
					 research.
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 882.32 - Duty to Update Name and Address

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicants and licensees must update their name, main address, business
				  address, email address, and phone number in the Council's online licensing
				  system within 30 days of a change. The main address entered by an applicant or
				  licensee must be capable of receiving mail addressed to the applicant or
				  licensee from the agency. It is the responsibility of the individual to ensure
				  the agency has the correct contact information for that individual.
(b) Official agency correspondence will be
				  sent to an applicant's or licensee's main address, unless otherwise required by
				  law. The street address portion of an applicant's or licensee's main address
				  will not be displayed in results returned from the online licensee search
				  function and will not be publicly available via the Public Information Act.
				  Applicants and licensees may also enter a business address in the agency's
				  online licensing system which will be displayed, without redaction, in public
				  search results.
(c) A name change
				  request must be accompanied by a copy of a current driver's license, social
				  security card, marriage license, divorce decree or court order reflecting the
				  change of name.
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 882.33 - Disclosure of Proprietary Examination Materials or Information Prohibited

Current through Reg. 49, No. 28; July 12, 2024
It is considered unprofessional conduct and grounds for
					 disciplinary action, including denial of licensure or renewal, for any
					 applicant or licensee to disclose the contents or any proprietary materials or
					 information from the examinations utilized by the Council.