Board News

NEW RULES – 22 TAC CHAPTERS 801 and 885
– EFFECTIVE NOVEMBER 23, 2022

Executive Council published adopted rules in 22 TAC Chapters 801 and 885

The following adopted rules, affecting Title 22 of the Texas Administrative Code, can be found in the November 18, 2022, Texas Register and become effective November 23, 2022:
  • §801.2 Definitions with preamble, which includes reasoned justification for
     the rule;
  • §801.43 Professional Representation with preamble;
  • §801.302 Severity Level and Sanction Guide with preamble;
  • §801.305 Schedule of Sanctions (Repeal and Replace) with preamble; and
  • §885.1 Executive Council Fees with preamble.

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

Requests for subscription to Email Updates from the Executive Council and the member boards may be submitted via the Executive Council’s Email Updates webpage.

Posted on November 17, 2022

Insights Over the Lunch Hour: An Opportunity to Visit with MFT Board Members

The Texas Behavioral Health Executive Council is pleased to announce an upcoming webinar entitled Insights Over the Lunch Hour: An Opportunity to Visit with MFT Board Members. During this webinar, licensees and members of the public will have the opportunity to hear from and visit with the following members of the Texas State Board of Examiners of Marriage and Family Therapists and staff:
   •  Lisa Merchant, PhD, LMFT, Board Chair;
   •  Russell Bartee, PhD, LPC-S, LMFT-S;
   •  Jodie Elder, PhD, LPC-S, LMFT;
   •  Jeanene Smith, MA, LPC-S, LMFT-S; and
   •  Sarah Faszholz, Board Administrator.

Board members and staff will present recently adopted rules, rule changes being considered, as well as day-to-day operational issues. Attendees will be given the opportunity – and are encouraged – to ask any questions they may have. NOTE: Panelists will not answer questions about a pending application or complaint.

The webinar will begin at 12 p.m. on December 2, 2022, and may run longer than the noon hour, depending upon attendee interest and questions. There will be ample time for the question-and-answer period. To register for this virtual event, please click here.

Posted on November 2, 2022

CALL FOR PUBLIC COMMENT –
PROPOSED RULES PUBLISHED OCTOBER 7, 2022

The Texas Behavioral Health Executive Council published proposed rules regarding 22 TAC, Chapter 801

The Texas Behavioral Health Executive Council voted to propose the following rule(s) at its August 23, 2022, meeting. These proposed rules are published in the October 7, 2022, edition of the Texas Register.

You may view the proposed changes by clicking on the rule below. The preamble includes the rationale for the rule change and request for public comment.
22 TAC §801.143 Supervisor Requirements with preamble.

Request for Public Comments
Comments on the proposed rule may be submitted to Brenda Skiff, Executive Assistant, Texas Behavioral Health Executive Council, George H. W. Bush State Office Building, 1801 Congress Ave., Ste. 7.300, Austin, Texas 78701, or by email to rules@bhec.texas.gov. The deadline for receipt of comments is 5:00 p.m., Central Time, on November 7, 2022, which is at least 30 days from the date of publication in the Texas Register.

Posted on October 7, 2022

CALL FOR PUBLIC COMMENT –
PROPOSED RULES PUBLISHED SEPTEMBER 30, 2022

The Texas Behavioral Health Executive Council published proposed rules regarding 22 TAC, Chapter 801

The Texas Behavioral Health Executive Council voted to propose the following rule(s) at its August 23, 2022, meeting. These proposed rules are published in the September 30, 2022, edition of the Texas Register.

You may view the proposed changes by clicking on the rule below. The preamble includes the rationale for the rule change and request for public comment.
22 TAC §801.142 Supervised Clinical Experience Requirements and Conditions with preamble

Request for Public Comments
Comments on the proposed rule may be submitted to Brenda Skiff, Executive Assistant, Texas Behavioral Health Executive Council, George H. W. Bush State Office Building, 1801 Congress Ave., Ste. 7.300, Austin, Texas 78701, or by email to rules@bhec.texas.gov. The deadline for receipt of comments is 5:00 p.m., Central Time, on October 30, 2022, which is at least 30 days from the date of publication in the Texas Register.

Posted on September 30, 2022

NEW RULES – 22 TAC CHAPTERS 801, 882, and 884
– EFFECTIVE SEPTEMBER 21, 2022

Executive Council published adopted rules in 22 TAC Chapters 801, 882, and 884

The following adopted rules, affecting Title 22 of the Texas Administrative Code, can be found in the September 16, 2022, Texas Register and become effective September 21, 2022:
  • §801.44 Relationships with Clients with preamble, which includes reasoned
     justification for the rule;
  • §801.58 Technology-Assisted Services with preamble;
  • §801.143 Supervisor Requirements with preamble;
  • ***§801.261 Requirements for Continuing Education with preamble***;
  • §801.263 Requirements for Continuing Education [Repeal] with preamble
  • §801.264 Types of Acceptable Continuing Education [Repeal] with preamble;
  • §801.266 Determination of Clock Hour Credits and Credit Hours Granted
    [Repeal] with preamble;
  • §882.2 General Application File Requirements with preamble;
  • §882.22 Reinstatement of a License with preamble; and
  • §884.20 Disciplinary Guidelines and General Schedule of Sanctions
    with preamble.
***Provision in §801.261(f) will not be enforced until January 1, 2024. Amendment with this effective date will be recommended to the MFT Board at its meeting on October 21, 2022.***

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

Requests for subscription to Email Updates from the Executive Council and the member boards may be submitted via the Executive Council’s Email Updates webpage.

Posted on September 16, 2022

Jurisprudence Exams Unavailable Sunday, August 14, 2022 from 7am until 9am

On Sunday, August 14, 2022, from 7am until 9am CDT, the Jurisprudence Exams will be unavailable while eStrategy Solutions performs scheduled maintenance.

Your Lifelong Learning Portal will be unavailable for user registrations and login during this time.

The time for this maintenance window has been chosen to minimize user inconvenience and reflects a time of lowest overall user activity in the system.

A warning message that explains this scheduled outage has been posted to appear for all users at registration and at login.

Posted August 12, 2022

CALL FOR PUBLIC COMMENT –
PROPOSED RULES PUBLISHED AUGUST 5, 2022

The Texas Behavioral Health Executive Council published proposed rules regarding 22 TAC, Chapters 801 and 885

The Texas Behavioral Health Executive Council voted to propose the following rule(s) at its May 18, 2022, meeting. These proposed rules are published in the August 5, 2022, edition of the Texas Register.

You may view the proposed changes by clicking on the rule below. The preamble includes the rationale for the rule change and request for public comment.
22 TAC §801.2 Definitions with preamble
22 TAC §801.43 Professional Representation with preamble
22 TAC §801.302 Severity Level and Sanction Guide with preamble
22 TAC §801.305 Schedule of Sanctions (Proposed Repeal) with preamble
22 TAC §801.305 Schedule of Sanctions with preamble and
22 TAC §885.1 Executive Council Fees with preamble

Request for Public Comments
Comments on the proposed rule may be submitted to Brenda Skiff, Executive Assistant, Texas Behavioral Health Executive Council,1801 Congress Ave., Ste. 7.300, Austin, Texas 78701, or by email to rules@bhec.texas.gov. The deadline for receipt of comments is 5:00 p.m., Central Time, on September 4, 2022, which is at least 30 days from the date of publication in the Texas Register.

Posted on August 4, 2022

CALL FOR PUBLIC COMMENT –
PROPOSED RULES PUBLISHED APRIL 22, 2022

The Texas Behavioral Health Executive Council published proposed rules regarding 22 TAC, Chapters 801, 882, and 884

The Texas Behavioral Health Executive Council voted to propose the following rule(s) at its February 1, 2022, meeting.  These proposed rules are published in the April 22, 2022, edition of the Texas Register.

You may view the proposed changes by clicking on the rule below. The preamble includes the rationale for the rule change and request for public comment.
22 TAC §801.44 Relationships with Clients with preamble
22 TAC §801.58 Technology-Assisted Services with preamble
22 TAC §801.143 Supervisor Requirements with preamble
22 TAC §801.261 Requirements for Continuing Education with preamble
22 TAC §801.263 Requirements for Continuing Education with preamble
22 TAC §801.264 Types of Acceptable Continuing Education with preamble
22 TAC §801.266 Determination of Clock Hour Credits and Credit Hours Granted with preamble
22 TAC §801.305 Schedule of Sanctions with preamble
22 TAC §882.2 General Application File Requirements with preamble
22 TAC §882.22 Reinstatement of a License with preamble
22 TAC §884.20 Disciplinary Guidelines and General Schedule of Sanctions with preamble

Request for Public Comments
Comments on the proposed rule may be submitted to Brenda Skiff, Executive Assistant, Texas Behavioral Health Executive Council, 333 Guadalupe, Ste. 3-900, Austin, Texas 78701 or by email to rules@bhec.texas.gov. The deadline for receipt of comments is 5:00 p.m., Central Time, on May 22, 2022, which is at least 30 days from the date of publication in the Texas Register.

Posted on April 19, 2022

Insights Over the Lunch Hour: An Opportunity to Visit with MFT Board Members

The Texas Behavioral Health Executive Council is pleased to announce an upcoming webinar entitled Insights Over the Lunch Hour: An Opportunity to Visit with MFT Board Members. During this webinar, licensees and members of the public will have the opportunity to hear from and visit with the following members of the Texas State Board of Examiners of Marriage and Family Therapists and staff:
   •  Lisa Merchant, PhD, LMFT, Board Chair;
   •  Daniel Parrish, public member;
   •  Jeanene Smith, MA, LPC-S, LMFT-S; and
   •  Sarah Faszholz, Board Administrator.

Board members and staff will present recently adopted rules to streamline applications to sit for AMFTRB national exam, rule changes being considered, as well as day-to-day operational issues. Attendees will be given the opportunity and are encouraged to ask any questions they may have. NOTE: Panelists will not answer questions about a pending application or complaint.

The webinar will begin at 12 p.m. on March 10, 2022, and may run longer than the noon hour, depending upon attendee interest and questions. There will be ample time for the question-and-answer period. If you are interested in attending this virtual event, please click here.

Posted on February 22, 2022

NEW RULES – 22 TAC CHAPTERS 801, 881, 882, 884, and 885 – EFFECTIVE FEBRUARY 27, 2022

Executive Council published adopted rules in 22 TAC Chapters 801, 881, 882, 884, and 885

The following adopted rules, affecting Title 22 of the Texas Administrative Code, can be found in the February 18, 2022, Texas Register and become effective February 27, 2022:
  • §801.2 Definitions with preamble, which includes reasoned justification for the rule;
  • §801.74 Application to Take Licensure Examination with preamble;
  • §881.33 Family Leave Pool with preamble;
  • §882.21 License Statuses with preamble;
  • §882.37 COVID-19 Vaccine Passports Prohibited with preamble
  • §882.60 Special Provisions Applying to Military Service Members, Veterans and Spouses with preamble;
  • §882.61 Special Licensing Provisions for Military Spouses with preamble;
  • §882.70 Emergency Temporary License with preamble;
  • §884.4 Special Requirements for Complaints Alleging Violations Related to Court-ordered Therapy or
     Parenting Facilitator Services
with preamble; and
  • §885.1 Executive Council Fees with preamble.

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

Requests for subscription to Email Updates from the Executive Council and the member boards may be submitted via the Executive Council’s Email Updates webpage.

Posted on February 17, 2022

CALL FOR PUBLIC COMMENT –
PROPOSED RULES PUBLISHED DECEMBER 10, 2021

The Texas Behavioral Health Executive Council published proposed rules regarding 22 TAC, Chapters 881 and 882

The Texas Behavioral Health Executive Council voted to propose the following rule(s) at its October 26, 2021 meeting.  These proposed rules were published in the December 10, 2021 edition of the Texas Register [46 TexReg 8311]. 

You may view the proposed changes by clicking on the rule below. The preamble includes the rationale for the rule change and request for public comment.
22 TAC §881.33 Family Leave Pool with preamble
22 TAC §882.21 License Statuses with preamble
22 TAC §882.60 Special Provisions Applying to Military Service Members, Veterans and Spouses with preamble
22 TAC §882.61 Special Licensing Provisions for Military Spouses with preamble

Request for Public Comments
Request for Public Comments. Comments on the proposed rule may be submitted to Brenda Skiff, Executive Assistant, Texas Behavioral Health Executive Council, 333 Guadalupe, Ste. 3-900, Austin, Texas 78701 or by email to rules@bhec.texas.gov. The deadline for receipt of comments is 5:00 p.m., Central Time, on January 10, 2022, which is at least 30 days from the date of publication in the Texas Register.

Posted on December 10, 2021

NEW RULES – 22 TAC CHAPTER 883 –
EFFECTIVE NOVEMBER 21, 2021

Executive Council published adopted rules in 22 TAC Chapter 883

On May 4, 2021, the Texas Behavioral Health Executive Council voted to publish proposed rule changes to Title 22 of the Texas Administrative Code, §883.1 Renewal of a License.

On June 18, 2021, the Council’s proposed rules were published in – then on August 2, due to technical correction, withdrawn from – the Texas Register [46 TexReg 3698]. On August 13, 2021, the Council’s corrected proposed rules were published in the Texas Register [46 TexReg 4973]. Public comment was reviewed by the Council on October 26,, 2021, and the Council adopted rules as proposed.

On November 12, 2021, adopted rules were published in the Texas Register [46 TexReg 7788], effective November 21, 2021. On and after November 21, 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 Executive Council’s Email Updates webpage. 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 November 12, 2021.

CALL FOR PUBLIC COMMENT –
PROPOSED RULES PUBLISHED OCTOBER 1, 2021

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

On July 23, 2021, the Texas State Board of Social Worker Examiners (SW Board) voted to recommend changes to Title 22 of the Texas Administrative Code §§801.2 and 801.74, concerning Definitions and Application to Take Licensure Examination, respectively.

On August 24, 2021, the Texas Behavioral Health Executive Council (Council) voted to publish proposed changes to the above-listed sections.

On October 1, 2021, the Council’s proposed rules were published in the Texas Register [46 TexReg 6496] with call for public comments.

Request for Public Comments
Comments on the proposed rule may be submitted to Brenda Skiff, Executive Assistant, Texas Behavioral Health Executive Council, 333 Guadalupe, Ste. 3-900, Austin, Texas 78701 or by email to rules@bhec.texas.gov. The deadline for receipt of comments is 5:00 p.m., Central Time, on October 31, 2021, which is at least 30 days from the date of publication in the Texas Register.

Posted on October 1, 2021

CALL FOR PUBLIC COMMENT –
PROPOSED RULES PUBLISHED OCTOBER 1, 2021

The Texas Behavioral Health Executive Council published proposed rules regarding 22 TAC, Chapters 882, 884, and 885

On August 24, 2021, the Texas Behavioral Health Executive Council (Council) voted to publish proposed changes to Title 22 of the Texas Administrative Code §§882.37, 882.70, 884.4 and 885.1, concerning COVID-19 Vaccine Passports Prohibited, Emergency Temporary License, Special Requirements for Complaints Alleging Violations Related to Court-ordered Therapy or Parenting Facilitator Services, and Executive Council Fees, respectively.

On October 1, 2021, the Council’s proposed rules were published in the Texas Register [46 TexReg 6500] with call for public comments.

Request for Public Comments
Comments on the proposed rule may be submitted to Brenda Skiff, Executive Assistant, Texas Behavioral Health Executive Council, 333 Guadalupe, Ste. 3-900, Austin, Texas 78701 or by email to rules@bhec.texas.gov. The deadline for receipt of comments is 5:00 p.m., Central Time, on October 31, 2021, which is at least 30 days from the date of publication in the Texas Register.

Posted on October 1, 2021

NEW RULES – 22 TAC CHAPTER 801,
EFFECTIVE SEPTEMBER 19, 2021

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

On January 22, 2021, the Texas State Board of Examiners of Marriage and Family Therapists (MFT Board) recommended changes to Title 22 of the Texas Administrative Code (22 TAC), §801.205 Remedy for Incomplete License Requirements. On May 4, 2021, the Executive Council voted to publish proposed new rule to 22 TAC, §801.205.

On June 18, 2021, the Executive Council’s proposed new rule 22 TAC, §801.205 was published in the Texas Register [46 TexReg 3694].

On July 23, 2021, the MFT Board reviewed public comment concerning 22 TAC, §801.205 and recommended adoption as proposed. On August 24, 2021, the Executive Council adopted new rule as proposed.

On September 17, 2021, adopted new rule was published in the Texas Register [46 TexReg 6261], effective September 19, 2021. On and after September 19, 2021, this new rule will be available on the Texas Secretary of State’s webpage for 22 TAC Part 35.

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

Posted on September 17, 2021.

NEW RULES – 22 TAC CHAPTERS 881, 882, AND 885
EFFECTIVE SEPTEMBER 19, 2021

Executive Council published adopted rules in 22 TAC Chapters 881, 882, and 885

On May 4, 2021, the Texas Behavioral Health Executive Council voted to publish proposed rule changes to Title 22 of the Texas Administrative Code, §§881.21, 882.11, and 885.1, concerning Petition for Rulemaking, Applicants with Foreign Degrees, and Executive Council Fees, respectively.

On June 18, 2021, Executive Council’s proposed rules were published in the Texas Register [46 TexReg 3696]. Public comment was reviewed by the Executive Council on August 24, 2021, and the Executive Council adopted rules as proposed.

On September 17, 2021, adopted rules were published in the Texas Register [46 TexReg 6262], effective September 19, 2021. On and after September 19, 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 Executive Council’s Email Updates webpage. 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 September 17, 2021.

CALL FOR PUBLIC COMMENT –
PROPOSED RULES PUBLISHED AUGUST 13, 2021

The Texas Behavioral Health Executive Council published proposed rules regarding 22 TAC, Chapter 883

On May 4, 2021, the Texas Behavioral Health Executive Council (Council) voted to publish proposed changes to Title 22 of the Texas Administrative Code §883.1, concerning Renewal of a License.

On June 18, 2021, the Council’s proposed rules were published in the Texas Register [46 TexReg 3696]. Effective August 2, 2021, the Council’s proposed rules were withdrawn [46 TexReg 5013]. On August 13, 2021, the Council’s revised proposed rules were published in the Texas Register [46 TexReg 4973]

Call for Public Comment
Within 30 days of publication of this proposal in the Texas Register, 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 or via email to rules@bhec.texas.gov.

Posted on August 26, 2021

CALL FOR PUBLIC COMMENT –
PROPOSED RULES PUBLISHED JUNE 18, 2021

MFT Board recommended and Executive Council published proposed rules regarding 22 TAC §801.205 Remedy for Incomplete License Requirements

On January 22, 2021, 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), §801.205 Remedy for Incomplete License Requirements to allow the MFT Board to make exception for an applicant who has difficulty fulfilling certain licensing requirements due to a declared disaster. For example, some LMFT Associates have expressed difficulty in meeting the required in-person supervised experience hours because some supervisors or employers allowed only telehealth services during the COVID-19 pandemic. If adopted, the proposed rule will grant the Board flexibility in considering an LMFT Associate’s application for full LMFT license despite impact of declared disaster.

On May 4, 2021, the Texas Behavioral Health Executive Council (Executive Council) considered the MFT Board’s recommended changes and approved publication of proposed rules.

On June 18, 2021, the Executive Council’s proposed rules were published in the Texas Register [46 TexReg 3694].

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.

Posted on June 18, 2021.

CALL FOR PUBLIC COMMENT –
PROPOSED RULES PUBLISHED JUNE 18, 2021

The Texas Behavioral Health Executive Council published proposed rules regarding 22 TAC, Chapters 881, 882, 883, and 885

On May 4, 2021, the Texas Behavioral Health Executive Council (Council) voted to publish proposed changes to Title 22 of the Texas Administrative Code §§881.21, 882.11, 883.1, and 885.1, concerning Petition for Rulemaking, Applicants with Foreign Degrees, Renewal of a License, and Executive Council Fees, respectively.

On June 18, 2021, the Council’s proposed rules were published in the Texas Register [46 TexReg 3696].

Call for Public Comment
Within 30 days of publication of this proposal in the Texas Register, 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 or via email to rules@bhec.texas.gov.

Posted on June 18, 2021.

NEW RULES –
22 TAC CHAPTER 882, EFFECTIVE JUNE 1, 2021

Executive Council published adopted rules regarding 22 TAC Chapter 882

On January 12, 2021, the Texas Behavioral Health Executive Council voted to publish proposed rule changes to Title 22 of the Texas Administrative Code, §§882.21 and 882.50, concerning License Statuses and Continuing Education and Audits, respectively.

On February 19, 2021, the Executive Council’s proposed rules were published in the Texas Register [46 TexReg 1181]. Public comment was reviewed by the Executive Council on May 4, 2021, and the Executive Council adopted rules as proposed.

On May 28, 2021, adopted rules were published in the Texas Register [46 TexReg 3414], effective June 1, 2021. On and after May 28, 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 May 28, 2021.

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.