CALL FOR PUBLIC COMMENT – PROPOSED RULES PUBLISHED NOVEMBER 13, 2020

SW Board recommended and Executive Council published proposed rules regarding 22 TAC §781.420 Licensing of Persons with Criminal Convictions

On June 6, 2020, the Texas State Board of Social Worker Examiners (SW Board) voted to recommend changes to Title 22 of the Texas Administrative Code (22 TAC), §781.420 Licensing of Persons with Criminal Convictions, to align with statutory amendments made by House Bill 1501, 86th Legislature, Regular Session (2019) to Title 3 of the Texas Occupations Code, Chapters 505 and 507. This legislation created the Texas Behavioral Health Executive Council (Executive Council) and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of Title 3 of the Texas Occupations Code authorize the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of Title 3 of the Texas Occupations Code, as well as adopt rules as necessary to perform the Executive Council’s duties. On June 16, 2020, the Texas Behavioral Health Executive Council (Executive Council) considered the SW Board’s recommended changes and approved publication of proposed rules.

Proposed rules were published in the July 17, 2020 edition of the Texas Register. However, on September 11, 2020, the SW Board voted to withdraw proposed rule §781.420 and recommend other changes to §781.420 Licensing of Persons with Criminal Convictions, to align with statutory amendments, consider comments by the Governor’s Office, and to standardize language as much as possible with other member boards. In a joint meeting with the SW Board and the Executive Council, on October 12, 2020, the Council considered the SW Board’s recommended withdrawal and new proposal and  approved publication of proposed rules.

On November 13, 2020, the Executive Council’s proposed rules, concerning 22 TAC §781.420 Licensing of Persons with Criminal Convictions, were published in the Texas Register [45 TexReg 8097], available on the Texas Secretary of State’s website at https://www.sos.state.tx.us/texreg/index.shtml.

Call for Public Comment:
Comments on the proposed rules may be submitted to Brenda Skiff, Executive Assistant, Texas Behavioral Health Executive Council, 333 Guadalupe, Ste. 3-900, Austin, Texas 78701, within 30 days of publication of this proposal in the Texas Register. Comments may also be submitted via email to rules@bhec.texas.gov, within 30 days of publication of this proposal in the Texas Register.

Click the link below to view the Texas Register in HTML or Adobe Acrobat (PDF) format.
Texas Register [45 TexReg 8097], SW §781.420  Proposed Rules (HTML format)

Texas Register [45 TexReg 8097], SW §781.420 Proposed Rules pages 21-23 (Adobe Acrobat format)

Posted on November 13, 2020