TITLE 22. EXAMINING BOARDS

PART 21. TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS

CHAPTER 465. RULES OF PRACTICE

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Psychologists adopts amendments to §465.2, relating to Supervision. Section 465.2 is amended without changes as published in the August 8, 2025, issue of the Texas Register (50 TexReg 5127) and will not be republished.

Reasoned Justification.

The adopted amendments would require supervisors to develop a custody plan for all supervision records in the event of death or disability. The amendments would also require supervisors to develop a written remediation plan to address any deficiencies identified in a supervisee's practice skills. The amendments would require supervisees to provide any remediation plan to current and future supervisors, as well as to notify supervisors of any complaint against the supervisee. Finally, the amendments would remove the requirements that supervisors keep documentation of a supervisee's professional liability insurance coverage.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

None.

List of interested groups or associations for the rule.

Texas Psychological Association.

Summary of comments for the rule.

The agency received three comments in favor of the rule change, noting support for requiring documentation during supervision while also requesting further guidance from the agency in the future.

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Agency Response.

The agency appreciates the public input and support. The adopted amendments will ensure those being supervised are given clear feedback and expectations for their performance.

Statutory Authority.

The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.

In accordance with §501.1515 of the Tex. Occ. Code the Texas State Board of Examiners of Psychologists previously voted and, by a majority, approved to propose the adoption of this rule to the Executive Council. The rule is specifically authorized by §501.1515 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.

The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed the rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 501 and 507 of the Texas Occupations Code and may adopt this rule.

Lastly, the Executive Council adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 20, 2025.

TRD-202503761

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: November 9, 2025

Proposal publication date: August 8, 2025

For further information, please call: (512) 305-7706

22 TAC §465.34

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Psychologists adopts amendments to §465.34, relating to Providing Mental Health Services to Those Served by Others. Section 465.34 is amended without changes as published in the August 8, 2025, issue of the Texas Register (50 TexReg 5129) and will not be republished.

Reasoned Justification.

The adopted amendment requires a licensee, with the consent of a client, to attempt to form a collaborative relationship with any other mental health service provider seen by that client, rather than establishing a strict requirement that a licensee consult with the other provider.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

None.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

The agency received one comment in favor of harmonizing the requirements for licensed providers to collaborate.

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Agency Response.

The agency appreciates the public input and support. The adopted amendment will help ensure licensees communicate with each other to prevent client harm.

Statutory Authority.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 20, 2025.

TRD-202503762

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: November 9, 2025

Proposal publication date: August 8, 2025

For further information, please call: (512) 305-7706

PART 35. TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS

SUBCHAPTER B. RULES OF PRACTICE

22 TAC §801.44

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts amendments to §801.44, relating to Relationships with Clients. Section 801.44 is adopted without changes to the proposed text as published in the August 8, 2025, issue of the Texas Register (50 TexReg 5134). The rule will not be republished.

Reasoned Justification.

The adopted amendment would require a licensee who provides services to a client who concurrently receives services from another provider to seek consent from the client to contact the other provider and to strive to establish a collaborative relationship with that provider.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

The agency received three comments against the rule proposal. Concerns raised included the potential that clients will not share information about other therapists, that licensees may improperly pressure clients to consent to sharing information, or that licensees will be confused that they are required to collaborate together.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

None.

Agency Response.

The agency appreciates the public comment, but believes the text of the rule makes clear the minimal obligation expected when a client is served by multiple therapists. Clients are free not to share information with their therapists and not to consent to the therapists speaking with each other. If authorized, however, licensees should at a minimum communicate with each other to ensure no harm comes to the client.

Statutory Authority.

In accordance with §502.1515 of the Tex. Occ. Code the Texas State Board of Examiners of Marriage and Family Therapists previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §502.1515 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.

The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 502 and 507 of the Texas Occupations Code and may adopt this rule.

Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 20, 2025.

TRD-202503766

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Marriage and Family Therapists

Effective date: November 9, 2025

Proposal publication date: August 8, 2025

For further information, please call: (512) 305-7706

SUBCHAPTER C. APPLICATIONS AND LICENSING

22 TAC §801.142

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts amendments to §801.142, relating to Supervised Clinical Experience Requirements and Conditions. Section 801.142 is adopted without changes to the proposed text as published in the August 8, 2025, issue of the Texas Register (50 TexReg 5136). The rule will not be republished.

Reasoned Justification.

The adopted amendments would require an LMFT Associate who becomes the subject of a complaint to notify their supervisor of the complaint. The amendments also clarify an Associate must file a Supervisory Agreement Form with the Council for each supervisor. The amendments would also require an Associate that receives a remediation plan to share a copy of that plan with any other current or future supervisors.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

The agency received one comment against the proposed amendment, stating disagreement that an LMFT associate should be required to share a remediation plan from one supervisor with another.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

None.

Agency Response.

The agency appreciates the public comment, but believes it is prudent to require LMFT associates that receive a remediation plan from a supervisor to share that plan with any other or future supervisors. This will ensure that any potential deficits in an associates training or skills can be remediated before the associate becomes fully licensed and practicing independently.

Statutory Authority.

The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 502 and 507 of the Texas Occupations Code and may adopt this rule.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 20, 2025.

TRD-202503767

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Marriage and Family Therapists

Effective date: November 9, 2025

Proposal publication date: August 8, 2025

For further information, please call: (512) 305-7706

22 TAC §801.143

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts amendments to §801.143, relating to Supervisor Requirements. Section 801.143 is adopted without changes to the proposed text as published in the August 8, 2025, issue of the Texas Register (50 TexReg 5138). The rule will not be republished.

Reasoned Justification.

The adopted amendment would clarify that a supervisor may share a copy of a remediation plan with any other supervisor of an LMFT Associate. The amendment would also clarify the actions a licensee must take upon the loss of supervisor status, either through a disciplinary revocation or a lapse in active licensure.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

The agency received one comment against the proposed amendment, stating disagreement that an LMFT associate should be required to share a remediation plan from one supervisor with another.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

None.

Agency Response.

Statutory Authority.

The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 502 and 507 of the Texas Occupations Code and may adopt this rule.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 20, 2025.

TRD-202503768

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Marriage and Family Therapists

Effective date: November 9, 2025

Proposal publication date: August 8, 2025

For further information, please call: (512) 305-7706

PART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL

CHAPTER 882. APPLICATIONS AND LICENSING

SUBCHAPTER A. LICENSE APPLICATIONS

22 TAC §882.1

The Texas Behavioral Health Executive Council adopts amendments to §882.1, relating to Application Process. Section 882.1 is adopted without changes to the proposed text as published in the August 8, 2025, issue of the Texas Register (50 TexReg 5140) and will not be republished.

Reasoned Justification.

The adopted amendment will standardize the expiration of incomplete license applications at 180 days from the date of receipt.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

The agency received one comment against the proposed amendment, which stated opposition to lessening supervision requirements for licensure that were not the subject of the amendment.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

The agency received two comments in favor of the amendment, stating that the proposed amendment would harmonize application deadlines across the agency and provide a realistic timeframe for completing an application.

Agency Response.

The agency appreciates the public comments. The agency believe standardizing application expiration timeframes at 180 days will provide sufficient time for applicants to supply necessary information while not burdening agency staff with old application files that are abandoned by applicants.

Statutory Authority.

The Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 20, 2025.

TRD-202503763

Darrel D. Spinks

Executive Director

Texas Behavioral Health Executive Council

Effective date: November 9, 2025

Proposal publication date: August 8, 2025

For further information, please call: (512) 305-7706

22 TAC §882.2

The Texas Behavioral Health Executive Council adopts amendments to §882.2, relating to General Application File Requirements. Section 882.2 is adopted with changes to the proposed text as published in the August 8, 2025, issue of the Texas Register (50 TexReg 5142). The rule will be republished.

Reasoned Justification.

The adopted amendment will specify that calculation of time periods for licensed experience shall begin when the relevant license is issued.

List of interested groups or associations against the rule.

Texas Counseling Association.

Summary of comments against the rule.

The agency received three comments against the proposed amendments. Generally, the comments raised concerns about potential ambiguity created in the rule language surrounding proportions of licensure requirements not being defined by the individual boards. The comments raised concerns that the propose language allowing proportionate experience hours could conflict with existing board requirements or at least confuse applicants.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

The agency received ten comments in favor of the rule amendments. Commenters believed creating an avenue for proportionate supervision hours to be based on full- or part-time work would make these professions more accessible for those who cannot work full time. The commenters also noted the potential cost savings to those who would currently pay for more supervision hours than were required to meet licensing requirements.

Agency Response.

The agency appreciates the public comments. The agency determined that the amendment establishing the licensure date as the relevant date for counting time periods in licensure requirement should be adopted as it provides a clear and transparent standard. The agency has decided not to adopt the provision related proportionate hours, in light of concerns over existing board rules and confusion for applicants, and will instead seek to clarify each individual board rule regarding these requirements.

Statutory Authority.

§882.2. General Application File Requirements.

(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.

(b) The Council will accept examination results and other documentation required or requested as part of the application process from a credentials bank that utilizes primary source verification.

(c) The Council may rely upon the following when verifying information from another jurisdiction: official written verification received directly from the other jurisdiction; a government website reflecting the information (e.g., active licensure and good standing); or verbal or email verification directly from the other jurisdiction.

(d) For purposes of calculating time periods related to experience requirements completed while holding a license, the Council shall consider the time period to begin at the issuance of the relevant license.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 20, 2025.

TRD-202503764

Darrel D. Spinks

Executive Director

Texas Behavioral Health Executive Council

Effective date: November 9, 2025

Proposal publication date: August 8, 2025

For further information, please call: (512) 305-7706

SUBCHAPTER B. LICENSE

22 TAC §882.21

The Texas Behavioral Health Executive Council adopts amendments to §882.21, relating to License Statuses. Section 882.21 is adopted without changes to the proposed text as published in the August 8, 2025, issue of the Texas Register (50 TexReg 5143) and will not be republished.

Reasoned Justification.

The adopted amendment will allow licensees with a delinquent license to transfer that license into inactive status.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

The agency received three comments against the proposed amendments. Generally the comments wished for more clarity in the use of terms like "delinquent" or "inactive." One comment disagreed with existing rule language related to failure to pay child support that was not the subject of the amendments.

List of interested groups or associations for the rule.

Texas Counseling Association.

Summary of comments for the rule.

The agency received one comment in favor of the rule change that noted it produces a "clear, logical, and fair framework that benefits both licensees and the public."

Agency Response.

The agency appreciates the public comments. The agency believes creating a clear mechanism for licensees to place their licenses on inactive status, particularly when they have gone into delinquent status, will provide an efficient method of placing the license in a dormant status when the licensee is no longer practicing and does not wish to maintain an active status. The terms "delinquent" and "inactive" are sufficiently defined in the rule language.

Statutory Authority.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 20, 2025.

TRD-202503765

Darrel D. Spinks

Executive Director

Texas Behavioral Health Executive Council

Effective date: November 9, 2025

Proposal publication date: August 8, 2025

For further information, please call: (512) 305-7706