Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 36 - COUNCIL ON SEX OFFENDER TREATMENT › Chapter 810 - COUNCIL ON SEX OFFENDER TREATMENT › Subchapter A - LICENSED SEX OFFENDER TREATMENT PROVIDERS › Section 810.3 - License Required

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  shall not provide sex offender treatment or act as a sex offender treatment
				  provider unless the person is licensed by the council. A person may not claim
				  to be a sex offender treatment provider or use the title or an abbreviation
				  that implies the person is a sex offender treatment provider unless the person
				  is licensed under this chapter.
(b)
				  The council shall maintain a list of licensees who meet the council's licensure
				  criteria to assess and treat adult sex offenders and/or juveniles who commit
				  sexual offenses. The council shall recognize the experience and training of
				  treatment providers in the following licensure categories: "Licensed Sex
				  Offender Treatment Provider" and "Affiliate Sex Offender Treatment
				  Provider."
(c) Sex offender
				  treatment does not include general rehabilitation or clinical services provided
				  in a criminal justice or juvenile justice institution as a part of the
				  mainstream adjunct treatment programs.
(1)
				  Licensed Sex Offender Treatment Provider (LSOTP). To be eligible as a LSOTP,
				  the applicant shall meet all of the following criteria:
(A) hold a mental health or medical license
				  in Texas. The mental health or medical license status shall be current and
				  active;
(B) experience and training
				  required as listed in clauses (i) - (ii) of this subparagraph:
(i) possess a minimum of 1000 documented and
				  verified hours of clinical experience while under the supervision of a council
				  approved supervisor in the areas of assessment and treatment of sex offenders,
				  obtained within the past 7-year period, and provide 1 reference letter from a
				  licensed sex offender treatment provider who has actual knowledge of the
				  applicant's clinical work in sex offender assessment and treatment;
				  and
(ii) submit proof of completion
				  of a minimum of 40 hours of documented continuing education training obtained
				  within 3 years prior to the application date, in the specific area of sex
				  offender assessment and treatment. Online hours are not acceptable. Of the
				  initial 40 hours training required, 30 hours shall be in the specific area of
				  sex offender assessment and treatment. Ten hours shall be in sexual assault
				  victim related training;
(C) submit a complete and accurate
				  description of the applicant's treatment program on a form provided by the
				  council;
(D) persons making initial
				  application or renewing their eligibility for licensure shall adhere to
				  Subchapter C. Standards of Practice and Subchapter D. Code of Professional
				  Ethics and shall comply with the following requirements:
(i) not have been convicted and/or
				  adjudicated of any felony, or of any misdemeanor involving a sex offense or
				  sexually motivated offense, nor have received deferred adjudication for a sex
				  offense, and/or required to register as a sex offender under Texas Code of
				  Criminal Procedure, Chapter 62;
(ii) not have had licensure revoked or
				  canceled by any professional licensing body;
(iii) submit to a criminal history background
				  check. An applicant shall be required to submit a complete set of fingerprints
				  on the card provided by the council with the application documents, or other
				  information necessary to conduct a criminal history background check to be
				  submitted to the Texas Department of Public Safety or to another law
				  enforcement agency unless exempt under this section. Fingerprints shall be
				  taken by a peace officer or a person authorized by the council and shall be
				  placed on a form prescribed by the Texas Department of Public Safety;
				  and
(iv) not have violated the Act
				  or any rule adopted by the council;
(E) submit an application fee as defined in
				  §
												810.5 of this
				  title (relating to Fees);
(F)
				  submit a copy of his or her mental health or medical license, as set out in
				  subparagraph (A) of this paragraph, and indicated that the applicant's license
				  is current and in good standing;
(G) sign the application form(s) and attest
				  to the accuracy of the application information; and
(H) complete the process within 90 days of
				  the application's receipt in the council office.