Board News

NEW RULES –
22 TAC CHAPTER 801, EFFECTIVE FEBRUARY 9, 2021

MFT Board recommended and Executive Council published adopted rules regarding 22 TAC Chapter 801

On April 17, 2020, the Texas State Board of Marriage and Family Therapists (MFT Board) recommended changes to Title 22 of the Texas Administrative Code (22 TAC), §§801.206 Licensing of Persons with Criminal Convictions and 801.305 Schedule of Sanctions. On June 16, 2020, the Texas Behavioral Health Executive Council (Executive Council) rejected the recommendation concerning 22 TAC, §801.206. On July 24, 2020, the MFT Board recommended revised changes to 22 TAC, §801.206.

On August 14, 2020, the MFT Board recommended changes to 22 TAC, §801.204 Licensing of Military Service Members, Military Veterans, and Military Spouses.

On August 28, 2020, the Executive Council voted to publish proposed rule changes to 22 TAC, §§801.204, 801.206, and 801.305.

On October 2, 2020, the Executive Council’s proposed rules 22 TAC, §801.206 were published in the Texas Register [45 TexReg 6956].

On October 23, 2020, the Executive Council’s proposed rules 22 TAC, §§801.204 and 801.305 were published in the Texas Register [45 TexReg 7515].

On December 11, 2020, the MFT Board reviewed public comment concerning 22 TAC, §§801.204, 801.206 ,and 801.305 and recommended adoption as proposed. On January 12, 2021, the Executive Council adopted rules as proposed.
On February 5, 2021, adopted rules were published in the Texas Register [46 TexReg 912], effective February 9, 2021. On and after February 9, 2021 these new rules will be available on the Texas Secretary of State’s webpage for 22 TAC Part 41.

Updated Consolidated Rulebooks will soon be available on the Executive Council’s Statutes and Rules webpage.

Posted on February 5, 2021.

NEW RULES –
22 TAC CHAPTERS 881 and 885, EFFECTIVE FEBRUARY 9, 2021

Executive Council published adopted rules regarding 22 TAC Chapters 881 and 885

On August 28, 2020, the Texas Behavioral Health Executive Council voted to publish proposed rule changes to Title 22 of the Texas Administrative Code, §§881.21 and 885.1, concerning Petition for Rulemaking and Executive Council Fees.
On October 2, 2020, the Executive Council’s proposed rules were published in the Texas Register [45 TexReg 6958]. Public comment was reviewed by the Executive Council on January 12, 2021, and the Executive Council adopted rules as proposed.

On February 5, 2021, adopted rules were published in the Texas Register [46 TexReg 915], effective February 9, 2021. On and after February 9, 2021 these new rules will be available on the Texas Secretary of State’s webpage for 22 TAC Part 41.

Updated Consolidated Rulebooks will soon be available on the Executive Council’s Statutes and Rules webpage.

Subscription to email updates from the Executive Council and the member boards may be entered via the Email Updates form at the bottom of the Executive Council’s homepage. Members of the public may also sign-up to receive email notification of any rule action taken by the Executive Council as published in the Texas Register via the Texas Secretary of State’s Subscription Formats and Options webpage.

Posted on February 5, 2021.

BHEC moving to 100% Online for Marriage and Family Therapist (MFT) Applications

Beginning February 1, 2021 online application submission will be required for Marriage and Family Therapist – Associate, Upgrade to Marriage and Family Therapist, and Marriage and Family Therapist (from out of state).  Paper applications received on or after February 1st will be returned to the sender with instruction to apply online.  

Posted January 15, 2021

Call for Public Comment –
Proposed Rules Published December 11, 2020

MFT Board recommended and Executive Council published proposed rules regarding 22 TAC §801.305 Schedule of Sanctions

On July 24, 2020, the Texas State Board of Examiners of Marriage and Family Therapists (MFT Board) voted to recommend changes to Title 22 of the Texas Administrative Code (22 TAC), §801.305 Schedule of Sanctions to align with statutory amendments made by House Bill 1501, 86th Legislature, Regular Session (2019) to Title 3 of the Texas Occupations Code, Chapters 502 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 August 28, 2020, The Texas Behavioral Health Executive Council (Executive Council) considered the MFT Board’s recommended changes and approved publication of proposed rules 22 TAC §801.305.

On October 23, 2020, the Executive Council’s proposed rules, concerning 22 TAC §801.305 Schedule of Sanctions, were published in the Texas Register [45 TexReg 7515]. Staff discovered an error in the publication of proposed rules and the §801.305 proposed rule was withdrawn on November 30, 2020.

On December 4, 2020, the Executive Council’s corrected proposed rules, concerning 22 TAC §801.305 Schedule of Sanctions, were published in the Texas Register, available on the Texas Secretary of State’s website at https://www.sos.texas.gov/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.

Click the link below to view the Texas Register in HTML or Adobe Acrobat (PDF) format.

Posted on December 11, 2020

CALL FOR PUBLIC COMMENT –
PROPOSED RULES PUBLISHED OCTOBER 23, 2020

MFT Board recommended and Executive Council published proposed rules regarding 22 TAC §§801.204 Licensing of Military Service Members, Military Veterans, and Military Spouses and 801.305 Schedule of Sanctions

On July 24, 2020, the Texas State Board of Examiners of Marriage and Family Therapists (MFT Board) voted to recommend changes to Title 22 of the Texas Administrative Code (22 TAC), §801.305 Schedule of Sanctions; and on August 14, 2020, the MFT Board voted to recommend changes to 22 TAC §801.204 Licensing of Military Service Members, Military Veterans, and Military Spouses, to align with statutory amendments made by House Bill 1501, 86th Legislature, Regular Session (2019) to Title 3 of the Texas Occupations Code, Chapters 502 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 August 28, 2020, The Texas Behavioral Health Executive Council (Executive Council) considered the MFT Board’s recommended changes and approved publication of proposed rules §§801.204 and 801.305.

On October 23, 2020, the Executive Council’s proposed rules, concerning 22 TAC §801.305 Schedule of Sanctions, were published in the Texas Register [45 TexReg 7515], 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 7515], MFT §§801.204 and 801.305 Proposed Rules (HTML format)

·         Texas Register [45 TexReg 7515], MFT §§801.204 and 801.305 Proposed Rules pages 5-9 (Adobe Acrobat format)

Posted on October 23, 2020

CALL FOR PUBLIC COMMENT –
PROPOSED RULES PUBLISHED OCTOBER 2, 2020

MFT Board recommended and Executive Council published proposed rules regarding 22 TAC §801.206 Licensing of Persons with Criminal Convictions

On April 17, 2020, the Texas State Board of Examiners of Marriage and Family Therapists (MFT Board) voted to recommend changes to Title 22 of the Texas Administrative Code, §801.206, concerning 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 502 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 MFT Board’s recommended changes and rejected proposed rule §801.206. On July 24, 2020 the MFT Board recommended for publication of revised proposed rule §801.206. On August 28, 2020 the Executive Council approved publication of revised proposed rule §801.206.

On October 2, 2020, the Executive Council’s proposed rules concerning 22 TAC §801.206 Licensing of Persons with Criminal Convictions were published in the Texas Register [45 TexReg 6956], 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 (formerly Public Information Officer, Texas State Board of Examiners of Psychologists), 333 Guadalupe, Ste 3-900 (formerly Ste. 2-450), Austin, Texas 78701, within 30 days of publication of this proposal in the Texas Register. Comments may also be submitted via email to Open.Records@bhec.texas.gov (formerly Open.Records@tsbep.texas.gov). Note: public comment sent to Ste. 2-450 or Open.Records@tsbep.texas.gov are forwarded to the Executive Council’s new suite and email address.

Click the link below to view the Texas Register in HTML or Adobe Acrobat (PDF) format.

Posted on October 19, 2020

NEW RULES –
22 TAC CHAPTERS 881 – 885, EFFECTIVE SEPTEMBER 1, 2020, AND 22 TAC CHAPTER 801, EFFECTIVE OCTOBER 5, 2020

MFT Board recommended and Executive Council published adopted rules regarding 22 TAC Chapter 801

On April 17, 2020, the Texas State Board of Examiners of Marriage and Family Therapists (MFT Board) voted to recommend changes to Title 22 of the Texas Administrative Code, Chapter 801 to align with statutory amendments made by House Bill 1501, 86th Legislature, Regular Session (2019) to Title 3 of the Texas Occupations Code, Chapters 502 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 Executive Council considered the MFT Board’s recommended changes and voted to publish proposed rules.

On July 10, 2020, the Executive Council’s proposed rules concerning Chapter 801 were published in the Texas Register [45 TexReg 4661]. Public comment was reviewed by the MFT Board on August 14, 2020, and the MFT Board recommend adoption of the proposed rules with some changes to the Executive Council. On August 28,2020, the Executive Council approved publication of adopted rules in the Texas Register. On October 2, 2020, adopted rules were published in the Texas Register [45 TexReg 7021] and became effective October 5, 2020. These new rules are available on the Texas Secretary of State’s website at https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=3&ti=22&pt=35.

Reminder: MFT Board applicants and licensees are also subject to 22 TAC Part 41
MFT Board applicants and licensees are subject to Title 22 of the Texas Administrative Code, Part 41 (Chapters 881 through 885), which became effective September 1, 2020 and are available on the Secretary of State’s website at https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=3&ti=22&pt=41.

A Consolidated Rulebook for Marriage and Family Therapy and other resources are available from Executive Council’s Statutes and Rules webpage.

Members of the public may also signup to receive email notifications when any rule actions taken by the Executive Council are published in the Texas Register via the Texas Secretary of State’s Subscription Formats and Options webpage.

Posted on October 19, 2020.

COVID-19 Response for MFTs

Texas Governor Greg Abbott has created a process for the MFT Board to request temporary waiver of rules and statutes that may mitigate the impact of the COVID-19 outbreak.  The MFT Board continues to monitor the situation.  If the MFT Board requests and the Governor grants a waiver, this site will be updated with that information.  The MFT Board appreciates your patience and your dedication to the citizens of Texas.

Update 04/23/2020 – Governor Abbott issued Guidance Letter (GL) 20 – 5000, which temporarily waives board rule §801.58(d), which requires 15 hours of training before engaging in technology assisted services or supervision. The waiver is in effect until terminated by the Office of the Governor or until the March 13, 2020, disaster declaration is lifted or expires. See GL 20-5000.

Effective March 17, 2020: The Office for Civil Rights (OCR) at the Department of Health and Human Services (HHS) is responsible for enforcing certain regulations issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health (HITECH) Act, to protect the privacy and security of protected health information, namely the HIPAA Privacy, Security and Breach Notification Rules (the HIPAA Rules). OCR will exercise its enforcement discretion and will not impose penalties for noncompliance with the regulatory requirements under the HIPAA Rules against covered health care providers in connection with the good faith provision of telehealth during the COVID-19 nationwide public health emergency. Please read the entire OCR Notification of Enforcement Discretion.

MFT National Examination Candidates, please see the following sites for updates:
Association of Marriage and Family Therapy Regulatory Boards’ (AMFTRB) Guidelines for taking the national exam during COVID-19 pandemic
Prometric.com’s Corona Virus Update, including site openings, test center policies, reschedule your exam, FAQ, and travel advisory
Professional Testing Corporation’s (PTC) Update on the Coronavirus Outbreak

Posted on July 22, 2020