Texas Register, Volume 34, Number 33, Pages 5445-5614, August 14, 2009 Page: 5,535
5445-5614 p. ; 28 cm.View a full description of this periodical.
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approved national nursing certification within two years immediately
preceding the application for relicensure and by meeting all other board
requirements. A licensee shall be exempt from the continuing educa-
tion requirement for the immediate renewal period following renewal
of the delinquent license.
(2) A license that has been delinquent for four or more
years may be renewed upon completion of requirements listed in
217.6 of this title (relating to Failure to Renew License).
(e) Reactivation of a license.
(1) A license that has been inactive for less than four years
may be reactivated by the licensee submitting verification of having
completed at least 20 contact hours of continuing education or a current
approved national nursing certification in their current or prior area of
practice within the past two years immediately prior to application for
reactivation.
(2) A license that has been inactive for four or more years
may be reactivated upon completion of requirements in 217.9 of this
title (relating to Inactive Status).
(f) Reinstatement of a license. A licensee whose license has
been revoked and subsequently applies for reinstatement must show
evidence that the continuing competency requirement and other board
requirements have been met prior to reinstatement of the license by the
board.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on July 27, 2009.
TRD-200903177
James W. Johnston
General Counsel
Texas Board of Nursing
Effective date: August 16, 2009
Proposal publication date: May 15, 2009
For further information, please call: (512) 305-6811
PART 30. TEXAS STATE BOARD
OF EXAMINERS OF PROFESSIONAL
COUNSELORS
CHAPTER 681. PROFESSIONAL
COUNSELORS
The Texas State Board of Examiners of Professional Counselors
(board) adopts amendments to 681.45, 681.49, 681.72,
681.91, and 681.93, concerning the licensing and regulation of
professional counselors without changes to the proposed text
as published in the June 5, 2009, issue of the Texas Register
(34 TexReg 3491), and the sections will not be republished.
The amendments are adopted to ensure that the rules are up-
dated to reflect current legal, policy, and operational consider-
ations; to improve draftsmanship; and to make the rules more
accessible, understandable, and usable. The amendments are
also necessary to clarify supervision requirements and duties of
supervisors; to make the term of supervisor approval begin and
end on the same date as license renewal; and to provide penal-ties for continuing to act as a supervisor after approval has ex-
pired.
Government Code, 2001.039, requires that each state agency
review and consider for re-adoption each rule adopted by that
agency pursuant to the Government Code, Chapter 2001 (Ad-
ministrative Procedure Act). Sections 681.45, 681.49, 681.72,
681.91, and 681.93 have been reviewed and the board has de-
termined that the reasons for adopting the sections continue to
exist in that rules concerning the licensing and regulation of pro-
fessional counselors are still needed.
SECTION-BY-SECTION SUMMARY
Section 681.45(e) is added to require the licensee to report any
arrests, convictions, or disciplinary actions within 30 days to the
board.
Section 681.49(i) is amended to allow a licensed professional
counselor who carries the supervisor status to use the designa-
tion "LPC-S."
Section 681.72(d) is amended to require a current copy of the
supervisor's license to be attached to the supervisory agreement
form.
Section 681.91 (e) is amended to change the length of time a
temporary license is issued.
Section 681.91 (f) describes what happens if the required super-
vised experience hours needed for licensure are not met within
the time period of a temporary license.
Section 681.93(c) is amended to change the supervisor renewal
from one year to two years.
Section 681.93(f) is amended to allow for the board to decide if
supervisory hours can count if the supervisor's status has been
denied, revoked, or suspended.
Section 681.93(k) is added to require the supervisor to refund all
monies paid by the intern if the supervisor status expires during
the supervision and is not renewed.
Section 681.93(l) is added to allow for disciplinary action to be
taken against the supervisor for allowing the supervisor status to
expire.
COMMENTS
The board received two comments regarding the proposed rules
during the comment period. Both commenters agreed with the
proposed changes, and therefore, no action is necessary.
SUBCHAPTER C. CODE OF ETHICS
22 TAC 681.45. 681.49
STATUTORY AUTHORITY
The amendments are authorized by Occupations Code,
503.203, which authorizes the board to adopt rules necessary
for the performance of the board's duties. The review of the
rules implements Government Code, 2001.039.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on August 3, 2009.
TRD-200903311ADOPTED RULES August 14, 2009
34 TexReg 5535
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Texas. Secretary of State. Texas Register, Volume 34, Number 33, Pages 5445-5614, August 14, 2009, periodical, August 14, 2009; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90865/m1/88/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.