Texas Association of Psychological Associates
Representing All Masters-Degreed Psychology Professionals in Texas
Revised Rules Adopted by the TSBEP
T.A.P.A.
P.O. Box 601374
Dallas, TX 75360
Voicemail
817.588.0476
P.O. Box 601374
Dallas, TX 75360
Voicemail
817.588.0476
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The most up-to-date versions of the TSBEP Rules always may be found here.
(The Secretary of State's website is updated weekly.)
(The Secretary of State's website is updated weekly.)
The next meeting of the TSBEP is Thursday, August 12, 2010
The Spring, 2010, issue of the TSBEP Newsletter is now on line
These Rules have been Adopted by the TSBEP since the July, 2009 Rule Book was printed:
Approved by TSBEP, November, 2009
463.7. Criminal History Record Reports.
(a) Before issuing a license, the Board will obtain or require the applicant to obtain a criminal history record report as determined by the Board.
(b) The Board will obtain updated criminal history record reports on all licensees quarterly from the Texas Department of Public Safety.
(c) The Board may obtain an updated criminal history record report at any time on a licensee alleged to have violated the Act or rules of the Board.
(d) Each licensee who was not required to submit a fingerprint criminal history record report as a condition of licensure must submit a fingerprint criminal history record report to the Board as a condition for renewal. This one-time renewal requirement begins for January 2011 renewals and will be phased in with approximately one-fourth of licensees required to submit their reports in the first calendar year and remaining licensees required to submit their reports in the following three calendar years as prescribed by the Board. A report must be received by the Board before the eligible licensee is allowed to renew the license.
Approved by TSBEP, February, 2010
465.2. Supervision.
(a) (No change.)
(b) Licensees ensure that their supervisees have legal authority to provide psychological services in adherence to Board rules.
(c)-(h) (No change)
(i) A licensee who is practicing subject to an agreed order is not qualified to provide supervision for a person seeking to fulfill the internship or practicum requirements set by Board rule §463.8 of this title (relating to Licensed Psychological Associate), §463.9 of this title (relating to Licensed Specialist in School Psychology), or §463.10 of this title (relating to Provisionally Licensed Psychologists).
(j) A licensee providing supervision must be actively licensed.
This provision has been DELETED; however the Supervision Requirement in §463.1 remains.
[(i) Licensed psychological associates and provisionally licensed psychologists must be under the supervision of a licensed psychologist and may not engage in independent practice.]
Approved by TSBEP, May, 2010
469.1. Timeliness of Complaints.
(a) A complaint is timely filed if it is received by the Board, in proper form, within five years of the date of the
termination of professional services and does not allege sexual misconduct or a violation of Board rule
§465.22(d) of this title relating to psychological records, test data and test protocols.
(b) A complaint alleging sexual misconduct by a licensee is timely filed if received within ten years of the
termination of services or the patient's reaching the age of majority.
(c) A complaint alleging a violation of Board rule §465.22(d) of this title relating to psychological records, test
data and test protocols is timely filed if received within ten years after the last contact with the client or
subject of forensic evaluation or, if the client or subject is a minor, until ten years after the minor reaches
the age of majority.
(d) Any statute of limitations applying to a complaint filed against a licensee by a health licensing board in
another jurisdiction, or filed by another health licensing board in Texas, begins after that jurisdiction's or
authority's investigation is complete.
(e) A complaint based on discipline in another jurisdiction is timely filed within five years of the date that
the board receives notice of the disciplinary action.
Approved by TSBEP, November, 2009
469.7. Persons with Criminal Backgrounds.
(a) (No change.)
(b) Criminal History Evaluation Letters:
(1) In compliance with Chapter 53 of the Texas Occupations Code, the Board will provide criminal history evaluation letters.
(2) A person may request the Board to provide a criminal history evaluation letter if the person is planning to enroll or is enrolled in an educational program that prepares the person for a license with this Board and the person has reason to believe that the person is ineligible for licensure due to a conviction or deferred adjudication for a felony or misdemeanor offense.
(3) The requestor must submit to the Board a completed Board application form requesting an evaluation letter, the required fee, and certified copies of court documentation about all convictions and resolution to the Board.
(4) Before submitting the application the requestor must obtain a fingerprint criminal history record check and have it mailed directly to the Board.
(5) The Board has the authority to investigate a request for a criminal history evaluation letter and may require that the requestor provide additional information about the convictions and other dispositions if requested by the Board.
(6)The Board will provide a written response to the requestor within 90 days of the Board’s receipt of the request, unless a more extensive investigation is required or the requestor fails to comply with a Board investigation. The Board’s evaluation letter will state the Board’s determination on each ground for potential ineligibility presented by the requestor.
(7)In the absence of new evidence known to but not disclosed by the requestor or not reasonably available to the Board at the time the letter is issued, the Board’s ruling on the request determines the requestor’s eligibility only with respect to the grounds for potential ineligibility set out in the letter.
(c) – (i) (Renumbered sections)
Approved by TSBEP, November, 2009
470.2. Definitions.
The following terms have the following meanings:
(1) Act--The Psychologists' Licensing Act, Texas Occupations Code, Title 3, Subtitle I, Chapter 501.
(2) - (22) (No change.)
(23) Public health agency--The Board is a public health agency.
(24) - (27) (Renumbered sections)
Approved by TSBEP, August, 2009
470.10. Subpoenas.
On its own motion or, on the written request of any party to a contested case pending before it, for good cause shown and on deposit of sums that will reasonably ensure payment of the amounts estimated to accrue under Administrative Procedure Act, Tex. Gov't Code Ann. §2001.103 (relating to expenses of witness or deponent), the agency shall issue a subpoena addressed to the sheriff or to a constable to require the attendance of a witness or the production of books, records, papers, or other objects that may be necessary and proper for the purpose of a proceeding.
Approved by TSBEP, May, 2010
473.3. Annual Renewal Fee (Not Refundable).
(a) Psychological Associate Licensure-- $114 [$124].
(b) (No change.)
(c) Provisionally Licensed Psychologist--$109 [$119].
(d) (No change.)
(e) Psychologist Licensure--$205 [$215].
(f) (No change.)
(g) (No change.)
(h) (No change.)
(i) Licensed Specialist in School Psychology-- $57 [$67].
(j) (No change.)
Approved by TSBEP, August, 2009
473.3. Annual Renewal Fees (Not Refundable).
(a) Psychological Associate Licensure--$124.
(b) (No change.)
(c) Provisionally Licensed Psychologist--$119.
(d) (No change.)
(e) Psychologist Licensure--$215.
(f) - (h) (No change.)
(i) Licensed Specialist in School Psychology--$67.
(j) (No change.)
Approved by TSBEP, November, 2009
473.5. Miscellaneous Fees (Not Refundable).
(a) – (i) (No change.)
(j) Preliminary Evaluation for Eligibility for Licensure of Person with Criminal Record--$150.
463.7. Criminal History Record Reports.
(a) Before issuing a license, the Board will obtain or require the applicant to obtain a criminal history record report as determined by the Board.
(b) The Board will obtain updated criminal history record reports on all licensees quarterly from the Texas Department of Public Safety.
(c) The Board may obtain an updated criminal history record report at any time on a licensee alleged to have violated the Act or rules of the Board.
(d) Each licensee who was not required to submit a fingerprint criminal history record report as a condition of licensure must submit a fingerprint criminal history record report to the Board as a condition for renewal. This one-time renewal requirement begins for January 2011 renewals and will be phased in with approximately one-fourth of licensees required to submit their reports in the first calendar year and remaining licensees required to submit their reports in the following three calendar years as prescribed by the Board. A report must be received by the Board before the eligible licensee is allowed to renew the license.
Approved by TSBEP, February, 2010
465.2. Supervision.
(a) (No change.)
(b) Licensees ensure that their supervisees have legal authority to provide psychological services in adherence to Board rules.
(c)-(h) (No change)
(i) A licensee who is practicing subject to an agreed order is not qualified to provide supervision for a person seeking to fulfill the internship or practicum requirements set by Board rule §463.8 of this title (relating to Licensed Psychological Associate), §463.9 of this title (relating to Licensed Specialist in School Psychology), or §463.10 of this title (relating to Provisionally Licensed Psychologists).
(j) A licensee providing supervision must be actively licensed.
This provision has been DELETED; however the Supervision Requirement in §463.1 remains.
[(i) Licensed psychological associates and provisionally licensed psychologists must be under the supervision of a licensed psychologist and may not engage in independent practice.]
Approved by TSBEP, May, 2010
469.1. Timeliness of Complaints.
(a) A complaint is timely filed if it is received by the Board, in proper form, within five years of the date of the
termination of professional services and does not allege sexual misconduct or a violation of Board rule
§465.22(d) of this title relating to psychological records, test data and test protocols.
(b) A complaint alleging sexual misconduct by a licensee is timely filed if received within ten years of the
termination of services or the patient's reaching the age of majority.
(c) A complaint alleging a violation of Board rule §465.22(d) of this title relating to psychological records, test
data and test protocols is timely filed if received within ten years after the last contact with the client or
subject of forensic evaluation or, if the client or subject is a minor, until ten years after the minor reaches
the age of majority.
(d) Any statute of limitations applying to a complaint filed against a licensee by a health licensing board in
another jurisdiction, or filed by another health licensing board in Texas, begins after that jurisdiction's or
authority's investigation is complete.
(e) A complaint based on discipline in another jurisdiction is timely filed within five years of the date that
the board receives notice of the disciplinary action.
Approved by TSBEP, November, 2009
469.7. Persons with Criminal Backgrounds.
(a) (No change.)
(b) Criminal History Evaluation Letters:
(1) In compliance with Chapter 53 of the Texas Occupations Code, the Board will provide criminal history evaluation letters.
(2) A person may request the Board to provide a criminal history evaluation letter if the person is planning to enroll or is enrolled in an educational program that prepares the person for a license with this Board and the person has reason to believe that the person is ineligible for licensure due to a conviction or deferred adjudication for a felony or misdemeanor offense.
(3) The requestor must submit to the Board a completed Board application form requesting an evaluation letter, the required fee, and certified copies of court documentation about all convictions and resolution to the Board.
(4) Before submitting the application the requestor must obtain a fingerprint criminal history record check and have it mailed directly to the Board.
(5) The Board has the authority to investigate a request for a criminal history evaluation letter and may require that the requestor provide additional information about the convictions and other dispositions if requested by the Board.
(6)The Board will provide a written response to the requestor within 90 days of the Board’s receipt of the request, unless a more extensive investigation is required or the requestor fails to comply with a Board investigation. The Board’s evaluation letter will state the Board’s determination on each ground for potential ineligibility presented by the requestor.
(7)In the absence of new evidence known to but not disclosed by the requestor or not reasonably available to the Board at the time the letter is issued, the Board’s ruling on the request determines the requestor’s eligibility only with respect to the grounds for potential ineligibility set out in the letter.
(c) – (i) (Renumbered sections)
Approved by TSBEP, November, 2009
470.2. Definitions.
The following terms have the following meanings:
(1) Act--The Psychologists' Licensing Act, Texas Occupations Code, Title 3, Subtitle I, Chapter 501.
(2) - (22) (No change.)
(23) Public health agency--The Board is a public health agency.
(24) - (27) (Renumbered sections)
Approved by TSBEP, August, 2009
470.10. Subpoenas.
On its own motion or, on the written request of any party to a contested case pending before it, for good cause shown and on deposit of sums that will reasonably ensure payment of the amounts estimated to accrue under Administrative Procedure Act, Tex. Gov't Code Ann. §2001.103 (relating to expenses of witness or deponent), the agency shall issue a subpoena addressed to the sheriff or to a constable to require the attendance of a witness or the production of books, records, papers, or other objects that may be necessary and proper for the purpose of a proceeding.
Approved by TSBEP, May, 2010
473.3. Annual Renewal Fee (Not Refundable).
(a) Psychological Associate Licensure-- $114 [$124].
(b) (No change.)
(c) Provisionally Licensed Psychologist--$109 [$119].
(d) (No change.)
(e) Psychologist Licensure--$205 [$215].
(f) (No change.)
(g) (No change.)
(h) (No change.)
(i) Licensed Specialist in School Psychology-- $57 [$67].
(j) (No change.)
Approved by TSBEP, August, 2009
473.3. Annual Renewal Fees (Not Refundable).
(a) Psychological Associate Licensure--$124.
(b) (No change.)
(c) Provisionally Licensed Psychologist--$119.
(d) (No change.)
(e) Psychologist Licensure--$215.
(f) - (h) (No change.)
(i) Licensed Specialist in School Psychology--$67.
(j) (No change.)
Approved by TSBEP, November, 2009
473.5. Miscellaneous Fees (Not Refundable).
(a) – (i) (No change.)
(j) Preliminary Evaluation for Eligibility for Licensure of Person with Criminal Record--$150.
ALERT! In the July 2009 TSBEP Rulebook, two subsections of Chapter 611, Texas Health and Safety Code, regarding Mental Health Records, were inadvertently omitted. Click on this link (Chapter 611.0045-611.005) to access these two subsections. (pdf file)