reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter C - APPLICATIONS AND LICENSING › Section 801.112 - General Academic Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant must submit an official
				  transcript showing:
(1) a master's or
				  doctorate degree in marriage and family therapy from a program accredited by
				  the Commission on Accreditation for Marriage and Family Therapy Education
				  (COAMFTE);
(2) a master's degree
				  from a program accredited by the Council for Accreditation of Counseling and
				  Related Educational Programs (CACREP), Marriage, Couples, and Family Counseling
				  (MCFC) specialization which meets the requirements of §
											801.114(b)(8)
				  of this title (relating to Academic Course Content) and starts on or after
				  January 1, 2017, (the earliest class reported on one of an applicant's official
				  transcripts denotes the start of a program); or
(3) a master's or doctorate degree from a
				  regionally accredited institution of higher education in marriage and family
				  therapy or in a related mental health field with a planned course of study in
				  marriage and family therapy as described in §801.113(b), (c), and (d) of
				  this title (relating to Academic Requirements) with the required minimum course
				  content as described in §
											801.114
				  of this title.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter C - APPLICATIONS AND LICENSING › Section 801.113 - Academic Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  applicant for the licensure examination must have completed or be enrolled in a
				  council-approved marriage and family therapy graduate internship.
(b) An applicant for LMFT Associate or LMFT
				  must have a master's or doctorate degree in marriage and family therapy or a
				  master's or doctorate degree in a related mental health field with course work
				  and training determined by the council to be substantially equivalent to a
				  graduate degree in marriage and family therapy from a regionally accredited
				  institution of higher education or an institution of higher education approved
				  by the council with (the earliest class reported on one of an applicant's
				  official transcripts denotes the start of a program):
(1) at least 45 semester hours for an
				  applicant who started a program before August 1, 2017; or
(2) at least 60 semester hours for an
				  applicant who started a program on or after August 1, 2017.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter C - APPLICATIONS AND LICENSING › Section 801.114 - Academic Course Content

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  applicant who holds a graduate degree in a mental health-related field must
				  have course work in each of the following areas:
(1) theoretical foundations of marriage and
				  family therapy--three semester hours;
(2) assessment and treatment in marriage and
				  family therapy--12 semester hours;
(3) human development, gender, multicultural
				  issues and family studies--six semester hours;
(4) psychopathology--three semester
				  hours;
(5) professional
				  ethics--three semester hours;
(6)
				  applied professional research--three semester hours; and
(7) supervised clinical internship--12 months
				  or nine semester hours.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter C - APPLICATIONS AND LICENSING › Section 801.115 - Academic Requirements and Supervised Clinical Internship Equivalency for Applicants Currently Licensed as an LMFT in Another Jurisdiction

Current through Reg. 49, No. 28; July 12, 2024
An applicant currently licensed as a marriage and family
					 therapist in another jurisdiction of the United States who does not meet the
					 academic requirements in §
										801.114
					 of this title (relating to Academic Course Content) may be considered to have
					 met the requirements according to the following:
(1) If an applicant has been licensed as an
				  LMFT in another United States jurisdiction for the two years immediately
				  preceding the date the application is received, the academic requirements
				  (including the internship) are considered met.
(2) If an applicant has been licensed as an
				  LMFT in another United States jurisdiction for less than two consecutive years
				  immediately preceding the date the application is received, staff may grant one
				  month of credit for every two months of independent marriage and family therapy
				  practice toward any deficit in the academic internship requirement.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter C - APPLICATIONS AND LICENSING › Section 801.142 - Supervised Clinical Experience Requirements and Conditions

Current through Reg. 49, No. 28; July 12, 2024
An applicant for LMFT must complete supervised clinical
					 experience acceptable to the council.
(1) The LMFT Associate must have completed a
				  minimum of two years of work experience in marriage and family therapy, which
				  includes a minimum of 3,000 hours of supervised clinical practice. The required
				  3,000 must include:
(A) at least 1,500 hours
				  providing direct clinical services, of which:
(i) no more than 750 hours may be provided
				  via technology-assisted services (as approved by the supervisor); and
(ii) at least 500 hours must be providing
				  direct clinical services to couples or families.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter C - APPLICATIONS AND LICENSING › Section 801.143 - Supervisor Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To apply for
				  supervisor status, an LMFT in good standing must submit an application and
				  applicable fee as well as documentation of the following:
(1) completion of at least 3,000 hours of
				  LMFT practice over a minimum of 3 years; and
(A) successful completion of a
				  3-semester-hour, graduate course in marriage and family therapy supervision
				  from an accredited institution; or
(B) a 40-hour continuing education course in
				  clinical supervision; or
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter C - APPLICATIONS AND LICENSING › Section 801.174 - Licensure and Jurisprudence Examinations

Current through Reg. 49, No. 28; July 12, 2024
(a) The council will accept the national
				  licensure examination administered by the Association of Marital and Family
				  Therapy Regulatory Boards (AMFTRB) or the State of California marriage and
				  family therapy licensure examination.
(b) An applicant must apply to take the
				  licensure examination per §
										801.74
				  of this title (relating to Application to Take Licensure Examination). The
				  applicant must pay the examination fee to the appropriate party as dictated by
				  the current examination contract or agreement.
(c) The council, or its designee, will
				  determine the times and places for licensing examinations and give reasonable
				  public notice.
(d) The council, or
				  its designee, will notify the examinee of the results of the licensure
				  examination in accordance with the current examination contract or agreement.
				  If the council is notified of a potential delay of notification of exam
				  results, the council will notify the examinee as soon as possible regarding the
				  delay.
(e) An applicant who fails
				  the national licensure examination must comply with council rules, 22 Texas
				  Administrative Code, § 882.6(relating to Limitation on Number of
				  Examination Attempts).
(f) All
				  applicants must comply with council rules, 22 Texas Administrative Code, §
				  882.5(relating to Jurisprudence Examination Requirement).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter C - APPLICATIONS AND LICENSING › Section 801.202 - LMFT Associate license

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  LMFT Associate license expires 60 months from the date of issuance.
(b) An LMFT Associate who does not complete
				  the required supervised experience hours during the 60-month time period must
				  reapply for licensure.
(c) As of
				  the effective date of this rule, all active LMFT Associate licenses shall be
				  converted to a 60-month licensure term, with a new expiration date set 60
				  months after the effective date of this rule.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter C - APPLICATIONS AND LICENSING › Section 801.203 - Provisional LMFT License

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  provisional license may be granted to a person who:
(1) is licensed or otherwise registered as a
				  marriage and family therapist by another state or other jurisdiction, whose
				  requirements for licensure or registration, at the time the license or
				  registration was obtained, were substantially equivalent to the requirements
				  set out in §
											801.76
				  of this title (relating to Application for Licensed Marriage and Family
				  Therapist (LMFT));
(2) has
				  successfully passed a national examination relating to marriage and family
				  therapy or an examination approved by the council;
(3) is sponsored by a Texas LMFT with whom
				  the provisional license holder may practice under this section;
(4) provides documentation, on council
				  prescribed forms, of the experience requirements set out in §
											801.142
				  of this title (relating to Supervised Clinical Experience Requirements and
				  Conditions) and §
											801.143
				  of this title (relating to Supervisor Requirements); and
(5) meets any other requirements set forth
				  under the Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter C - APPLICATIONS AND LICENSING › Section 801.204 - Licensing of Military Service Members, Military Veterans, and Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				  for licensure under this section must comply with Council § 882.60 of this
				  title (relating to Special Provisions Applying to Military Service Members,
				  Veterans, and Spouses).
(b)
				  Licensed by another United States jurisdiction.
(1) If an applicant has been licensed as an
				  LMFT in another United States jurisdiction for the two years immediately
				  preceding the date the application is received, and has no disciplinary
				  history, the academic (including the internship) and experience requirements
				  shall be considered met.
(2) If an
				  applicant has been licensed as an LMFT in another United States jurisdiction
				  for less than two years immediately preceding the date the application is
				  received, and has no disciplinary history, staff may grant one month of credit
				  for every two months of independent marriage and family therapy practice toward
				  any deficit in the academic internship or experience
				  requirements.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter C - APPLICATIONS AND LICENSING › Section 801.205 - Remedy for Incomplete License Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant who does not meet all of the
				  prerequisites for a particular license under Chapter 502 of the Occupations
				  Code, may petition the Council for a waiver or modification of the
				  prerequisite(s). An applicant may not petition for the waiver or modification
				  of the degree required for the particular license sought or passage of the
				  requisite examinations.
(b) The
				  Council may waive or modify a prerequisite for obtaining a license under
				  Chapter 502 of the Occupations Code, subject to subsection (a) of this section,
				  if:
(1) the prerequisite is not mandated by
				  federal law, the state constitution or statute, or 22 TAC Part 41 (relating to
				  Texas Behavioral Health Executive Council); and
(2) the failure or inability to meet the
				  prerequisite was due to a disaster declared under Chapter 418 of the Government
				  Code or under similar authority in another jurisdiction.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter C - APPLICATIONS AND LICENSING › Section 801.206 - Licensing of Persons with Criminal Convictions

Current through Reg. 49, No. 28; July 12, 2024
The following felonies and misdemeanors directly relate to
					 the duties and responsibilities of a licensee:
(1) offenses listed in Articles
				  42A.054 of
				  the Code of Criminal Procedure;
(2)
				  a sexually violent offense, as defined by Article
				  62.001 of
				  the Code of Criminal Procedure;
(3)
				  any felony offense wherein the judgment reflects an affirmative finding
				  regarding the use or exhibition of a deadly weapon;
(4) any criminal violation of Chapter 502
				  (Licensed Marriage and Family Therapist Act of the Occupations Code;
(5) any criminal violation of Chapter 35
				  (Insurance Fraud) or Chapter 35A Medicaid Fraud) of the Penal Code;
(6) any criminal violation involving a
				  federal health care program, including 42 USC § 130a-7b (Criminal
				  penalties for acts involving Federal health care programs);
(7) any offense involving the failure to
				  report abuse or neglect;
(8) any
				  state or federal offense not otherwise listed herein, committed by a licensee
				  while engaged in the practice of marriage and family therapy;
(9) any criminal violation of §22.041
				  (Abandoning or Endangering a Child) of the Penal Code;
(10) any criminal violation of §21.15
				  (Invasive Visual Recording) of the Penal Code;
(11) any crimination violation of §43.26
				  (Possession of Child Pornography) of the Penal Code;
(12) any criminal violations of §22.04
				  (Injury to a Child, Elderly Individual, or Disabled Individual) of the Penal
				  Code;
(13) three or more drug or
				  alcohol related convictions within the last 10 years, evidencing possible
				  addiction that will have an effect on the licensee's ability to provide
				  competent services; and
(14) any
				  attempt, solicitation, or conspiracy to commit an offense listed
				  herein.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter C - APPLICATIONS AND LICENSING › Section 801.261 - Requirements for Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Minimum Continuing Education Hours Required
(1) An LMFT must complete 30 hours of
				  continuing education during each renewal period that they hold a license. The
				  30 hours of continuing education must include 6 hours in ethics and 3 hours in
				  cultural diversity or competency.
(2) A licensee may carry forward to the next
				  renewal period, a maximum of 10 hours accrued during the current renewal period
				  if those hours are not needed for renewal.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter D - SCHEDULE OF SANCTIONS › Section 801.302 - Severity Level and Sanction Guide

Current through Reg. 49, No. 28; July 12, 2024
The following severity levels and sanction guides are based
					 on the relevant factors in council rules, 22 Texas Administrative Code, §
					 884.20 (relating to Disciplinary Guidelines and General Schedule of
					 Sanctions).
(1) Level One--Revocation
				  of license. These violations evidence intentional or gross misconduct on the
				  part of the licensee or cause or pose a high degree of harm to the public or
				  may require severe punishment as a deterrent to the licensee, or other
				  licensees.
(2) Level
				  Two--Suspension of license. These violations involve less misconduct, harm, or
				  need for deterrence than Level One violations, but may require suspension of
				  licensure for a period of time.
(3)
				  Level Three--Probated suspension of license. These violations do not involve
				  enough harm, misconduct, or need for deterrence to warrant suspension of
				  licensure, yet are severe enough to warrant monitoring of the licensee to
				  ensure future compliance. Probationary terms may be ordered as
				  appropriate.
(4) Level
				  Four--Reprimand. These violations involve inadvertent or relatively minor
				  misconduct or rule violations not directly involving the health, safety and
				  welfare of the public.
(5) An
				  administrative penalty may be assessed for any violation, in lieu of, or in
				  addition to, other disciplinary actions. A maximum amount of $5,000 may be
				  imposed for each violation, each day a violation continues or occurs is a
				  separate violation for purposes of imposing a penalty.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter D - SCHEDULE OF SANCTIONS › Section 801.303 - Other Actions

Current through Reg. 49, No. 28; July 12, 2024
A complaint may be resolved by issuance of a warning
					 letter or a conditional letter of agreement which does not involve a formal
					 disciplinary action.
(1) A warning
				  letter informs the licensee of the licensee's duties under the Act, the Council
				  Act, or council rules and whether the council has a concern about the
				  circumstances surrounding the complaint.
(2) A "Conditional Letter of Agreement"
				  informs the licensee of the licensee's duties under the Act, the Council Act,
				  or council rules, whether the conduct or omission complained of appears to
				  violate such duties, and creating council-ordered conditions for the long-term
				  resolution of the issues in the complaint. This "Conditional Letter of
				  Agreement" specifies the immediate disposition of the complaint. The licensee
				  is issued the "Conditional Letter of Agreement" by staff; a signature of
				  agreement by the licensee is required. If the licensee fails to comply with all
				  the council-ordered conditions in the specified time frame outlined in the
				  "Conditional Letter of Agreement," staff will open a new complaint arising out
				  of the non-compliance with a "Conditional Letter of Agreement" or the
				  underlying conduct.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter D - SCHEDULE OF SANCTIONS › Section 801.305 - Schedule of Sanctions

Current through Reg. 49, No. 28; July 12, 2024
The following standard sanctions shall apply to violations
					 of the Texas Occupations Code, Chapter 502 and 22 Texas Administrative Code,
					 Part 35.
Attached Graphic
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 810.1 - Introduction

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  provisions of this chapter govern the procedures relating to the licensing of
				  individuals who assess and treat adult sex offenders and juveniles who commit
				  sexual offenses in the State of Texas.
(b) Construction. These sections cover
				  definitions, licensing criteria for application, fees, continuing education,
				  complaints, general procedures, standards of practice, and policies of the
				  Council on Sex Offender Treatment.
(c) History. The Council on Sex Offender
				  Treatment (council) was created by the 68th Legislature (Senate Bill 84) in
				  1983 under the name of the Interagency Council on Sex Offender Treatment and
				  its Act is codified in Occupations Code, Chapter 110. The council was designed
				  to coordinate effective assessment and treatment strategies to reduce
				  recidivism of sex offenders and to enhance public safety.
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 810.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  Definitions.
(1) Act--Texas Occupations Code,
				  Chapter 110, relating to the Council on Sex Offender Treatment.
(2) Biennium--Every 2 years.
(3) Case Management--The coordination and
				  implementation of activities directed toward supervising, treating, and
				  managing the adult sex offender or juvenile who commit sexual
				  offenses.
(4) Client(s)--Used
				  interchangeably with adult sex offenders and juveniles who commit sexual
				  offenses.
(5) Council--The Council
				  on Sex Offender Treatment.
(6)
				  Custodian--The adult who is responsible for an adult or child.
(7) Fiscal Year--September 1 through August
				  31.
(8) Guardian--The person who,
				  under court order, is the guardian of the person of the adult or the child, or
				  the public or private agency with whom the adult or juvenile has been placed by
				  a court.
(9) HIPAA--Health
				  Insurance Portability and Accountability Act, Title 45, Code of Federal
				  Regulations (CFR), Parts 160 and 164.
(10) Juvenile Court--A court designated under
				  the Family Code, Title 3, Juvenile Justice Code, §51.04, to exercise
				  jurisdiction over the proceedings.
(11) Licensee--A treatment provider licensed
				  by the council and who is recognized based on training and experience to
				  provide assessment and treatment to adult sex offenders and/or juveniles who
				  commit sexual offenses who have been convicted, adjudicated, deferred, or
				  referred by a State agency or court.
(12) Mental Health or Medical License--A
				  person licensed in Texas to practice as a physician, psychiatrist,
				  psychologist, psychological associate, provisionally licensed psychologist,
				  licensed professional counselor, licensed professional counselor intern,
				  licensed marriage and family therapist, licensed marriage and family associate,
				  licensed clinical social worker, licensed master social worker under a TSBSWE's
				  approved clinical supervision plan, or advanced practice registered nurse
				  recognized as a psychiatric clinical nurse specialist or psychiatric mental
				  health nurse practitioner, and who provides the treatment of sex offenders
				  and/or juveniles who commit sexual offenses.
(13) Reciprocity--The granting of an official
				  license based on the current status of licensure in a different jurisdiction.
				  Reciprocity is granted based on the formal written agreement between the
				  council and regulatory body in the other jurisdiction.
(14) Reportable Conviction or Adjudication--A
				  conviction or adjudication, regardless of the pendency of an appeal.
(15) TSBSWE--The Texas State Board of Social
				  Work Examiners.
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 810.4 - License Issuance and/or Renewal

Current through Reg. 49, No. 28; July 12, 2024
All new initial licenses shall expire on the last day of
					 the licensee's birth month. The initial licensing period shall be at least 13
					 months and no more than 24 months. Subsequent licensing periods will be 24
					 months. In order to maintain eligibility for the licensure as a sex offender
					 treatment provider, the mental health or medical license of each renewal shall
					 be current and active. All renewal applicants shall comply with the
					 following:
(1) Number of continuing
				  education (CE) hours. All renewal applicants shall acquire by the end of the
				  2-year cycle, a minimum of 24 hours of documented continuing education. Six
				  hours shall be in ethics, 12 hours shall be in sex offender assessment and
				  treatment, and 6 hours shall be in victim-related training. All accredited
				  mental health continuing education hours are accepted.
(2) All renewal applicants shall submit
				  renewal forms provided by the council and renewal fees defined in §
										810.5 of this
				  title (relating to Fees).
(3) The
				  council shall employ an audit system for continuing education reporting. The
				  licensee shall be responsible for maintaining a record of his or her continuing
				  education experiences. The certificates or other documentation verifying
				  earning of continuing education hours are not to be forwarded to the council at
				  the time of renewal unless the licensee has been selected for audit.
(4) The audit process shall be as follows.
(A) The department shall select for audit a
				  random sample of licensees for each renewal. Audit forms shall be sent to the
				  selected licenses.
(B) All
				  licensees selected for audit will furnish documentation of certificates, an
				  affidavit identifying the continuing education experience satisfactory to the
				  council, or any other documentation requested by the council to verify having
				  earned the continuing education hours listed on the continuing education
				  report. The documentation shall be provided to the council upon
				  request.
(C) Failure to furnish
				  this information or knowingly providing false information during the audit
				  process or the renewal process are grounds for disciplinary action against the
				  licensee.
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 810.5 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) New Applicant
				  Fees. The council has established the following license fees.
(1) All new LSOTP and ASOTP applicants shall
				  submit a non-refundable $375 fee for a biennial application. Additional fees
				  will be charged for Federal Bureau of Investigations and Texas Department of
				  Public Safety criminal background checks unless exempt under §
											810.34
				  of this title (Relating to Frequency of Criminal Background Checks). Fees shall
				  be determined by those agencies conducting the investigation.
(2) All applicants shall comply with the
				  following requirements:
(A) return the
				  completed, signed application form provided by the council;
(B) submit the license fee in the form of a
				  check or money order or if renewing online by credit card; and
(C) submit within 90 calendar days of written
				  notification from the council any documentation required.
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 810.8 - Revocation, Denial, or Non-Renewal of a License

Current through Reg. 49, No. 28; July 12, 2024
(a) The council may revoke a license, deny an
				  application for licensure, and/or refuse to renew a license upon proof that the
				  treatment provider has:
(1) been convicted or
				  received deferred adjudication for any misdemeanor involving a sexual offense
				  or sexually motivated offense; or any felony, sexual or otherwise;
(2) been determined by the council to have
				  engaged in deceit or fraud in connection with the delivery of services,
				  supervision, or documentation of licensure requirements;
(3) violated the Act or any rule adopted by
				  the council;
(4) been prohibited
				  from renewal by the Education Code, §
											57.491
				  (relating to Loan Default Ground for Non-renewal of Professional or
				  Occupational License); or
(5) been
				  prohibited from renewal by a court order or attorney general's order issued
				  pursuant to the Family Code, Chapter 232 (relating to Suspension of License for
				  Failure to Pay Child Support or to Observe a Child Custody Order).
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 810.9 - Complaints, Disciplinary Actions, Administrative Hearings, and Judicial Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Reporting a
				  complaint. A person shall report an alleged violation of the Act or this
				  chapter by a licensee or non-licensee by notifying the executive director. The
				  initial notification shall be in writing and sent by fax, U.S. Postal Service,
				  or email to the council's office.
(b) Review of a complaint.
(1) The executive director shall initially
				  review the complaint for violations of the Act or any rule adopted by the
				  council. The executive director may accept an anonymous complaint if there is
				  sufficient information for the investigation.
(2) If it is determined that the matters
				  alleged in the complaint are non-jurisdictional, the executive director, with
				  the concurrence of the Ethics Committee Chair, may close the complaint and give
				  written notice of closure to the licensee or person against whom the complaint
				  has been filed, the complainant, and the complaints committee. If it is
				  determined that a violation of the Act or these sections may have occurred, the
				  executive director or executive director's designee shall:
(A) notify the complainant in writing of
				  receipt of the complaint;
(B)
				  notify the licensee in writing that a complaint has been filed and provide a
				  copy of the complaint; and
(C)
				  provide a copy of the complaint to the licensee's mental health or medical
				  licensing agency.
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 810.10 - Recognition of Out-of-State License of Military Spouse

Current through Reg. 49, No. 28; July 12, 2024
(a) For the purposes of this section only,
				  the definitions found in Texas Occupations Code, Chapter 55 are hereby adopted
				  by reference.
(b) Notwithstanding
				  any other rule, a military spouse may practice as a sex offender treatment
				  provider as if licensed in the State of Texas without obtaining the applicable
				  license in Texas, if the military spouse:
(1)
				  is currently licensed in good standing by another jurisdiction that has
				  licensing requirements substantially similar to the requirements of a license
				  in this state;
(2) notifies the
				  council of the military spouse's intent to practice in Texas; and
(3) receives from the council a verification
				  letter that states:
(A) the council has
				  verified the military spouse's license in the other jurisdiction; and
(B) the military spouse is authorized to
				  engage as a sex offender treatment provider in accordance with Texas
				  Occupations Code, §
												55.0041.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 36 - COUNCIL ON SEX OFFENDER TREATMENT › Chapter 810 - COUNCIL ON SEX OFFENDER TREATMENT › Subchapter B - CRIMINAL BACKGROUND CHECK › Section 810.31 - Access to Criminal History Records

Current through Reg. 49, No. 28; July 12, 2024
The council is authorized to obtain information from the
					 Texas Department of Public Safety or the Federal Bureau of Investigation about
					 a conviction or deferred adjudication that relates to an applicant seeking
					 licensure. The council is authorized to obtain a criminal history record from
					 any law enforcement agency. The criminal history record information received
					 under this section is for the exclusive use of the council and is privileged
					 and confidential. The criminal history record information shall not be released
					 or otherwise disclosed to any person or agency except on court order or with
					 the written consent of the applicant.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 36 - COUNCIL ON SEX OFFENDER TREATMENT › Chapter 810 - COUNCIL ON SEX OFFENDER TREATMENT › Subchapter B - CRIMINAL BACKGROUND CHECK › Section 810.32 - Records

Current through Reg. 49, No. 28; July 12, 2024
All other records of the council that are not made
					 confidential by other law are open to inspection by the public during regular
					 office hours. The content of the criminal background checks on each licensee
					 are not public records and are confidential. Unless expressed in writing by the
					 chairperson of the council, the executive director and the executive director's
					 designee are the only staff authorized to have daily access to the criminal
					 history records. These records shall be maintained in separate files and not in
					 the licensee files.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 36 - COUNCIL ON SEX OFFENDER TREATMENT › Chapter 810 - COUNCIL ON SEX OFFENDER TREATMENT › Subchapter B - CRIMINAL BACKGROUND CHECK › Section 810.33 - Destruction of Criminal History Records

Current through Reg. 49, No. 28; July 12, 2024
In accordance with approved records retention schedules,
					 the council shall destroy conviction/adjudication information relating to a
					 person after the council makes a decision on the eligibility of the applicant
					 unless the information was the basis for a proposed denial, revocation,
					 suspension, or refusal to renew a person's license. The council shall destroy
					 the information provided by the Texas Department of Public Safety, the Federal
					 Bureau of Investigation or any other law enforcement agency. In the event that
					 information is collected online, all files created will be destroyed in the
					 aforementioned timeframe.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 36 - COUNCIL ON SEX OFFENDER TREATMENT › Chapter 810 - COUNCIL ON SEX OFFENDER TREATMENT › Subchapter B - CRIMINAL BACKGROUND CHECK › Section 810.34 - Frequency of Criminal Background Check

Current through Reg. 49, No. 28; July 12, 2024
(a) The council shall conduct a criminal
				  background check on each new applicant, randomly at the time of renewal, and as
				  deemed necessary.
(b) State or
				  Federal Governmental Employees Criminal History. Any employee of a state or
				  federal governmental agency that conducts annual national and Texas criminal
				  history checks on its employees may substitute a certification from that
				  employer for any requirement for a criminal background check. The governmental
				  entity shall provide a certification if the employee's criminal history
				  changes. Fees for criminal history records may be waived if the applicant is
				  unable to produce an employer certification.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 36 - COUNCIL ON SEX OFFENDER TREATMENT › Chapter 810 - COUNCIL ON SEX OFFENDER TREATMENT › Subchapter C - STANDARDS OF PRACTICE › Section 810.61 - Introduction to the State Standards of Practice

Current through Reg. 49, No. 28; July 12, 2024
These state standards were developed by the council to
					 delineate appropriate assessment and treatment procedures and policies in
					 Texas. These standards address the professional licensing expectations for the
					 assessment and treatment of adult sex offenders and juveniles who commit sexual
					 offenses.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 36 - COUNCIL ON SEX OFFENDER TREATMENT › Chapter 810 - COUNCIL ON SEX OFFENDER TREATMENT › Subchapter C - STANDARDS OF PRACTICE › Section 810.62 - State Standards of Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) Interventions shall be designed to assist
				  the individual to effectively manage thoughts, feelings, attitudes, and
				  behaviors associated with their risk to reoffend. Structured, cognitive
				  behavioral skills-oriented treatment programs shall target specific
				  criminogenic needs to reduce re-offense rates. Interventions utilized in the
				  assessment and treatment of sex offenders and juveniles who commit sexual
				  offenses shall be empirically supported and generally accepted by professionals
				  in this field.
(b) Licensees shall
				  utilize the following principles when providing sex offender assessment and
				  treatment:
(1) be committed to community
				  protection and safety and licensees shall be aware of any professional and
				  legal obligations regarding a duty to protect or warn;
(2) not make statements that a client is not
				  a risk to reoffend sexually;
(3)
				  act in the best interests of society, the victim, and the client;
(4) utilize empirically supported models for
				  treating sex offenders and juveniles who commit sexual offenses; and
(5) hold voluntary or mandated clients to the
				  same standards of practice and compliance.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 36 - COUNCIL ON SEX OFFENDER TREATMENT › Chapter 810 - COUNCIL ON SEX OFFENDER TREATMENT › Subchapter C - STANDARDS OF PRACTICE › Section 810.64 - Assessment and Treatment Standards for Adult Sex Offenders

Current through Reg. 49, No. 28; July 12, 2024
(a) Comprehensive
				  assessments shall provide recommendations regarding the intensity of
				  intervention, specific treatment protocol needed, amenability to treatment, and
				  the identified community risk.
(b)
				  A comprehensive assessment as cited in subsections (a) and (b) of this section
				  shall be completed within 60 days of a client's being accepted into treatment
				  program. The assessment of adult sex offenders shall include:
(1) mental status examination;
(2) clinical interview and
				  social/developmental history;
(3)
				  personality assessment;
(4) risk
				  for re-offense assessment;
(5)
				  sexual offense behaviors; and
(6)
				  recommendations for case management, treatment planning, and further
				  assessments.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 36 - COUNCIL ON SEX OFFENDER TREATMENT › Chapter 810 - COUNCIL ON SEX OFFENDER TREATMENT › Subchapter C - STANDARDS OF PRACTICE › Section 810.65 - Assessment and Treatment Standards for Juveniles Who Commit Sexual Offenses

Current through Reg. 49, No. 28; July 12, 2024
(a) Licensees
				  shall subscribe and adhere to the following tenets regarding juveniles with
				  sexual behavior problems:
(1) licensees shall
				  recognize that some children before age 10 begin displaying sexually
				  inappropriate behavior with others and children may duplicate sexual behavior
				  they have witnessed on the part of other children, older siblings, and/or
				  adults;
(2) licensees shall
				  recognize that juveniles are distinct from their adult counterparts;
(3) licensees shall recognize that sexual
				  arousal patterns of juveniles appear more fluid and less firmly established
				  than those of adult sex offenders and relate less directly to their patterns of
				  offending behavior;
(4) licensees
				  shall recognize that juveniles who display sexually abusive behavior are
				  heterogeneous; juveniles are children first with developmental needs, but also
				  have special needs and present special risks related to their abusive
				  behaviors; and
(5) licensees shall
				  recognize a holistic approach when treating juveniles with sexual behavior
				  problems.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 36 - COUNCIL ON SEX OFFENDER TREATMENT › Chapter 810 - COUNCIL ON SEX OFFENDER TREATMENT › Subchapter C - STANDARDS OF PRACTICE › Section 810.66 - Standards for Adult Female Sex Offenders

Current through Reg. 49, No. 28; July 12, 2024
Licensees shall subscribe and adhere to the following
					 tenets regarding female sex offenders:
(1) The treatment of female sex offenders
				  shall balance treatment issues with offender accountability to the victims and
				  the community at large.
(2)
				  Licensees shall recognize the female sex offenders may experience deviant
				  sexual arousal that can lead to sexual abuse and that female sex offenders may
				  experience sexual pleasure from the offending behavior.
(3) Female sex offenders shall be assessed
				  for deviant sexual interest and arousal using appropriate measures.
(4) Licensees shall communicate and exchange
				  information with the Department of Family Protective Services-Child Protective
				  Services, Child Care Licensing, and with appropriate agencies regarding the
				  safety of a child or children in the primary residence in which a sex offender
				  resides.
(5) Treatment of female
				  sex offenders shall be responsive to any abuse history as with males and
				  responsive to gender issues.
(6) In
				  assessing and treating female sex offenders, licensees shall refer to the
				  appropriate rules in §§
										810.62,
				  810.63,
				  and
				  810.64
				  of this title (relating to Standards of Practice).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 36 - COUNCIL ON SEX OFFENDER TREATMENT › Chapter 810 - COUNCIL ON SEX OFFENDER TREATMENT › Subchapter C - STANDARDS OF PRACTICE › Section 810.67 - Assessment and Treatment Standards for Developmentally Delayed Clients

Current through Reg. 49, No. 28; July 12, 2024
(a) These standards
				  delineate research-based practices for developmentally delayed clients.
				  Licensees shall subscribe and adhere to the following tenets for
				  developmentally delayed clients:
(1) the
				  assessment and treatment of developmentally delayed clients shall be conducted
				  in the context of the family and support system;
(2) managing the risk, behavioral
				  interventions, and the imposition of appropriate external controls shall be a
				  priority for clients with disabilities;
(3) licensees should guard against justifying
				  sexually deviant behavior by indicating that the developmental disability for
				  any client has any relation to his or her victim typology; and
(4) developmentally delayed clients shall be
				  given the opportunity to exercise their right to make a voluntary and informed
				  decision to participate in treatment. While clients may refuse to participate
				  in or attend treatment, the client shall be informed of the consequences of
				  such a decision. A client shall be fully informed of the nature of the
				  treatment, the benefits, and the available options. Written consent to proceed
				  with treatment shall be obtained by an interdisciplinary review and the parent
				  or legal guardian.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 36 - COUNCIL ON SEX OFFENDER TREATMENT › Chapter 810 - COUNCIL ON SEX OFFENDER TREATMENT › Subchapter D - CODE OF PROFESSIONAL ETHICS › Section 810.91 - General

Current through Reg. 49, No. 28; July 12, 2024
Licensees shall constitute a professional discipline
					 committed to establishing and maintaining the highest level of professional
					 standards related to the assessment and treatment of adult sex offenders and
					 juveniles with sexual behavior problems. In order to maintain the highest
					 ethical standard of service and consumer protection, licensees shall be
					 committed to the following principles designed to ensure the maximum level of
					 public confidence.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 36 - COUNCIL ON SEX OFFENDER TREATMENT › Chapter 810 - COUNCIL ON SEX OFFENDER TREATMENT › Subchapter D - CODE OF PROFESSIONAL ETHICS › Section 810.92 - Code of Ethics

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Professional Conduct. Licensees shall:
(1) not
				  discriminate against clients or withhold professional services from anyone,
				  regardless of age, race, national origin, religion, sex, disability, political
				  affiliation, social or economic status, sexual orientation, or proscribed by
				  law. A licensee shall not allow personal feelings related to a client's alleged
				  or actual crimes or behavior to interfere with professional judgment and
				  objectivity;
(2) make an
				  appropriate referral when a licensee cannot offer services to a client. Each
				  licensee shall facilitate follow-up services for clients who transition from
				  one program or one jurisdiction to another which includes a written summary of
				  the assessment of risk, offending pattern, level of participation, relevant
				  problems and treatment needs, client strengths and needs, support group, and
				  recommendations;
(3) perform their
				  professional duties with the highest level of integrity and appropriate
				  confidentiality within the scope of their statutory responsibilities;
(4) not hesitate to seek assistance from
				  other professional disciplines when circumstances dictate;
(5) report unethical, incompetent, or
				  dishonorable practices to the council;
(6) refrain from using his or her
				  professional relationship, to further personal, religious, political, or
				  economic interests, other than customary professional fees;
(7) have an obligation to engage in
				  continuing education and professional growth;
(8) refrain from diagnosing, treating, or
				  making recommendations outside the scope of the licensee's
				  competence;
(9) be knowledgeable of
				  legal statutes and scientific data relevant to the assessment and treatment of
				  clients; and
(10) display or
				  provide in writing the address and telephone number of the council in all sites
				  where sex offender treatment services are provided for the purpose of directing
				  complaints to the council.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 36 - COUNCIL ON SEX OFFENDER TREATMENT › Chapter 810 - COUNCIL ON SEX OFFENDER TREATMENT › Subchapter L - EARLY TERMINATION FOR CERTAIN PERSONS' OBLIGATION TO REGISTER › Section 810.301 - Introduction

Current through Reg. 49, No. 28; July 12, 2024
(a) General. The
				  provisions of this subchapter govern the procedures for the deregistration of
				  individuals on the public registry for sex offenders in the State of
				  Texas.
(b) Construction. These
				  sections cover definitions, criteria for deregistration; guidelines for
				  conducting deregistration assessments; and, the due process for determining if
				  a registrant may deregister.