40 TAC §§150.1, 150.11 - 150.14, 150.21 - 150.28, 150.31 - 150.34, 150.41 - 150.43, 150.51 - 150.56, 150.62
The Texas Commission on Alcohol and Drug Abuse adopts new §§150.1,
150.11 - 150.14, 150.21 - 150.28, 150.31 - 150.34, 150.41 - 150.43, 150.51
- 150.56, and 150.62, concerning Counselor Licensure. Sections 150.11, 150.24,
150.26, 150.31, 150.42, 150.43, 150.51, 150.52, 150.54 and are adopted with
changes to the proposed text that appeared in the November 23, 2001, issue
of the
Texas Register
(26 TexReg 9538). Editing
changes were made to these sections.
Section 150.55 is also adopted with changes. Changes were made to this
section to clarify the responsibility of the qualified credentialed counselor
with regard to supervising interns. Sections 150.1, 150.12 - 150.14, 150.21
- 150.23, 150.25, 150.27, 150.28, 150.32 - 150.34, 150.41, 150.53, 150.56,
150.62, are adopted without changes to the proposed text and will not be republished.
The Commission adopts these rules to reflect statutory changes resulting
from this year's legislative session. Content changes have been made in other
areas as well, including revisions that strengthen the counselor training
system and provide consumer protection for the students. The defining reference
for chemical dependency counseling services has been updated to incorporate
new national standards. New sections have been added to establish minimum
documentation standards, a continuing education program administered by the
commission, and a system for monitoring the conduct of interns. The rules
have also been reorganized to provide a more accessible format.
Section 150.1 and §§150.11 - 150.14 of the new rules define terms,
state the scope of practice, and list the schedule for fees.
Sections 150.21 - 150.28 of the new rules establish requirements for licensure,
establish educational, practicum and supervised work experience standards,
as well as delineate processes for issuing licenses through examination and
reciprocity.
Sections 150.31 - 150.34 of the new rules establish criminal history standards,
delineate procedures for renewing a license and requesting inactive status,
and establish criteria for continuing education hours.
Sections 150.41 - 150.43 of the new rules describe minimal standards for
clinical documentation, establish ethical standards and grounds for taking
action against a licensee.
Sections 150.51 - 150.56 of the new rules establish guidelines for transition
from pre-service education institutions and practicum providers to proprietary
schools, and establish criteria for becoming a clinical training institution.
Additionally, standards for clinical training institutions, supervising interns,
and grounds for taking action against an intern are described.
Section 150.62 of the new rules establish continuing education provider
standards.
The following is a summary of general comments received.
Comment: Texas Association of Addiction Professionals (TAAP) supports the
revised rules and applauds TCADA's efforts in working to ensure that the new
rules do not have the unintended consequence of diminishing the number or
quality of professional counselors entering the field of substance abuse treatment.
Comment: Association of Substance Abuse Programs (ASAP) supports the proposed
Chapter 150 rules as revised.
Comment: I have reviewed the proposed changes and find them very appropriate.
I believe 150 serves the best interest of the clients and counseling field.
The following comments were received regarding §150.21.
Comment: Reduce the LCDC continuing education hours to match other mental
health professionals. After a counselor has been in the field a certain number
of years (e.g., 10 or 12) and reached a certain age (e.g., 50 or 55), waive
the continuing education hours. If we as a group are now required to face
criminal background checks all mental health worker should also have to meet
this requirement. No matter what their training or education.
Response: Requirements for continuing education are set by the Texas Occupations
Code. The commission does not have authority to reduce or waive continuing
education hours.
Comment: If we as a group are now required to face criminal background
checks all mental health workers should also have to meet this requirement.
Response: The requirement for criminal background checks is established
by statute.
Comment: Consider requiring a degree to qualify as LCDC and make it a competency
based credential.
Response: Requirements for licensure, including education and testing,
are established by statute.
The following comments were received regarding §150.23 and §150.26.
Comment: Does the practicum provider, accredited institution of higher
education, or proprietary school maintain a record of practicum hours? Will
a list of registered education institutions be posted? Should currently registered
practicum providers solicit new contracts with educational institutions?
Response: Educational institutions maintain records of completed coursework.
Because these entities will not be registered with the commission, a list
cannot be compiled or posted. Current practicum providers may choose to solicit
new contracts with educational institutions.
Comment: Consider allowing people to take the test as many times as needed
since it is hard and many people have learning disabilities.
Response: These rules implement new legislation allowing additional opportunities
for testing. An individual who fails the examination four times can become
eligible for additional testing opportunities by completing 24 hours of approved
coursework.
Comment: Does the five year time limit and number of times an applicant
can take the exam (four) start over if an applicant reapplies for licensure?
Response: Yes. For individuals who have already submitted an application
to the commission, a new five-year time limit begins from the date of registration.
The following comments were received regarding §§150.54, 150.55,
and 150.62.
Comment: Bravo for the proposed CTI, direct supervision and CEP guidelines.
They will close up loopholes that have existed for some years. On the downside,
it will increase the initial cost of becoming an LCDC and maintaining the
license.
Response: The commission has not identified any increased cost associated
with the proposed CTI, direct supervision, and CEP standards. Fees charged
by providers are not regulated under current or proposed rules.
Comment: I suggest a statement such as the following be added: The qualified
credentialed counselor shall assume responsibility for the actions of the
intern within the scope of the intern's clinical training.
Response: The language in §150.55(a) has been revised to include the
suggested language.
Comment: I feel that Level III and graduate counselor interns should be
allowed to co-facilitate continuing education sessions under the direct observation
and supervision of qualified credentialed counselors. This would help improve
the intern's presentation skills and reinforce the knowledge of the subject
matter being presented.
Response: The Commission disagrees. Individuals teaching courses should
not be less experienced and knowledgeable than those they are teaching. A
clinical training institution instructor may use a variety of teaching techniques
to reinforce an intern's knowledge of subject matter, including having the
intern give a supervised presentation of information to peers in the classroom
setting.
The new rules are adopted under the Texas Occupations Code, Chapter
504, which provides the Texas Commission on Alcohol and Drug Abuse with the
authority to adopt rules for the licensure of chemical dependency counselors.
The code affected by the new rules is the Texas Occupations Code, Chapter
504.
§150.11.License Required.
(a)
An individual identified to the public as a chemical dependency
counselor must be licensed or exempt under this chapter. Except as provided
by this section, individuals who are not licensed chemical dependency counselors
shall not:
(1)
offer or provide chemical dependency counseling services
other than education;
(2)
represent themselves as chemical dependency counselors;
or
(3)
use any name, title, or designation that implies licensure
as a chemical dependency counselor.
(b)
The following people are exempt from this chapter when
they are acting within the scope of their authorized duties:
(1)
counselors employed by federal institutions;
(2)
school counselors certified by the Texas Education Agency;
(3)
licensed psychologists, licensed professional counselors,
licensed marriage and family therapists, and licensed master social workers;
(4)
religious leaders of congregations providing pastoral counseling
within the scope of their congregational duties and people who are working
for or providing counseling with a program exempted under Chapter 145 of this
title (relating to Faith-Based Chemical Dependency Treatment Centers);
(5)
students who are participating in a practicum as part of
a supervised course of clinical training at a regionally accredited institution
of higher education or a proprietary school; and
(6)
counselor interns who are registered with the commission
and working under the auspices of a registered Clinical Training Institution.
(c)
Residents of other states are exempt if they:
(1)
are legally authorized to provide chemical dependency counseling
in those states; and
(2)
do not offer or provide chemical dependency counseling
in Texas for more than 30 days in any 12-month period.
(d)
A person who qualifies for an exemption but chooses to
get a license from the commission is subject to the same rules and sanctions
as other licensees.
§150.24.Standards for Supervised Work Experience.
(a)
An applicant must be registered with the commission as
described in §150.21 of this title (relating to Requirements for Licensure
by Examination) before accumulating supervised work experience with the following
exceptions.
(1)
Individuals with an application on file with the commission
who began accumulating work experience at a Clinical Training Institution
before March 1, 2002 shall submit fingerprint cards by August 31, 2002. Registration
must be complete to provide chemical dependency counseling services and accumulate
additional hours after October 15, 2002.
(2)
Individuals who began accumulating supervised work experience
hours at a Clinical Training Institution before March 1, 2002 but had not
submitted an application to the commission by that date shall submit an application
and the fingerprint cards by August 31, 2002. Registration must be complete
to provide chemical dependency counseling services and accumulate additional
hours after October 15, 2002.
(3)
The commission shall not accept work experience completed
more than five years preceding the date of registration.
(b)
All supervised work experience obtained in Texas must be
completed at a registered clinical training institution (CTI).
(c)
Work experience must be documented on the commission's
Supervised Work Experience Documentation Form and signed by the agency's CTI
coordinator.
(1)
All hours included in the documented supervised work experience
must be performed within the KSA domains.
(2)
The supervised work experience form must be accompanied
by the intern's job description reflecting duties in the KSA domains.
(d)
Out of state work experience will be accepted only if the
following conditions are met.
(1)
The applicant is either certified or licensed or in the
process of seeking licensure or certification in the other state.
(2)
The standards for clinical supervision of work experience
must meet or exceed Texas standards and be outlined in the governing agency's
rules or standards. A copy of the governing rules or standards must be submitted
with the other required documentation of supervised work experience.
(3)
The supervised work experience must be documented on the
commission's Supervised Work Experience form or a comparable form used by
the governing agency of the other state.
(e)
Supervised work experience may be paid or voluntary.
(f)
An intern must complete all supervised work experience
and pass the written and oral examination within five years from the date
of registration.
(g)
A person who has completed the 4,000 hours of supervised
work experience and is currently eligible to take or retake the examination
is a graduate intern and may continue to provide chemical dependency services
under the auspices of a registered clinical training institution during the
five-year registration period.
(h)
It is the applicant's responsibility to verify that the
training institution is registered with the commission. The commission shall
not accept hours from an unregistered provider. A list of registered CTIs
is available on the commission's website.
§150.26.Examination.
(a)
To be eligible for examination, an applicant shall:
(1)
be registered with the commission as an intern as described
in §150.25 of this title (relating to Licensure Application and Registration
Process);
(2)
submit an acceptable case study to the test administrator;
and
(3)
pay the examination fee to the test administrator.
(b)
All required documentation and fees must be submitted to
the test administrator by the specified deadlines. It is the applicant's responsibility
to obtain testing information.
(c)
An applicant may only take the examination four times,
and all testing must be completed within five years from the date of registration.
An applicant shall take the written and oral portions of the examination together
unless the applicant has already passed one part of the examination.
(d)
If an applicant does not pass both parts of the examination
within five years of the date of registration and/or does not complete the
required 4,000 hours of supervised work experience, the commission shall deny
the application.
(1)
A person whose license application has been denied is no
longer an intern or a graduate and cannot provide chemical dependency counseling
services under the auspices of a clinical training institution.
(2)
A person whose application has been denied under this section
may reapply for licensure only after completing 24 semester hours of course
work pre-approved by the commission at an institution of higher education.
The new application shall not be considered complete without an official college
transcript documenting the required coursework.
(3)
If the commission accepts the new application, the person
may take the failed portion(s) of the examination an additional three times.
The additional tests must be completed within three years of the new date
of registration. During this period, the applicant may provide chemical dependency
counseling services as an intern under the auspices of a registered clinical
training institution.
§150.31.Criminal History Standards.
(a)
The commission reviews the criminal history of every applicant
for licensure. Reviews are conducted when:
(1)
an applicant for licensure through examination registers
with the commission as an intern;
(2)
an applicant has met all other requirements for licensure;
(3)
a licensed chemical dependency counselor applies for license
renewal; and
(4)
the commission receives information that a counselor or
intern has been charged, indicted, placed on deferred adjudication, community
supervision, or probation, or convicted of an offense described in subsection
(d) of this section.
(b)
An applicant shall disclose and provide complete information
about all misdemeanor and felony charges, indictments, deferred adjudications,
episodes of community supervision or probation, and convictions. Failure to
make full and accurate disclosure will be grounds for immediate application
denial, disciplinary action, or license revocation.
(c)
The commission obtains criminal history information from
the Texas Department of Public Safety, including information from the Federal
Bureau of Investigations (FBI).
(d)
The commission determines whether an offense is directly
related to the duties and responsibilities of a licensed chemical dependency
counselor. The commission has identified the following related offenses and
categorized them according to the seriousness of the offense. If an offense
is not listed in one of these categories and the commission determines that
it is directly related to chemical dependency counseling, the commission shall
determine the appropriate category.
(1)
Category X includes:
(A)
capital offenses;
(B)
sexual offenses involving a child victim;
(C)
felony sexual offenses involving an adult victim who is
a client (single count);
(D)
multiple counts of felony sexual offenses involving any
adult victim; and
(E)
homicide.
(2)
Category I includes:
(A)
kidnapping;
(B)
arson;
(C)
manslaughter; and
(D)
felony sexual offenses involving an adult victim who is
not a client (single count).
(3)
Category II includes felony offenses that result in actual
or potential harm to others and/or animals not listed separately in this section.
(4)
Category III includes:
(A)
class A misdemeanor alcohol and drug offenses;
(B)
class A misdemeanor offenses resulting in actual or potential
harm to others or animals;
(C)
felony alcohol and drug offenses; and
(D)
other felony offenses that do not result in actual or potential
harm to others and/or animals.
(5)
Category IV includes:
(A)
class B misdemeanor alcohol and drug offenses; and
(B)
class B misdemeanor offenses resulting in actual or potential
harm to others or animals.
(e)
The commission shall deny the initial or renewal license
application of a person who has been convicted or placed on community supervision
in any jurisdiction for a:
(1)
category X offense during the person's lifetime;
(2)
category I offense during the fifteen years preceding the
date of application;
(3)
category II offense during the ten years preceding the
date of application;
(4)
category III offense during the seven years preceding the
date of application; or
(5)
category IV offense during the five years preceding the
date of application.
(f)
Except as provided in subsection (j) of this section, the
commission shall deny the intern registration application of a person who
has been convicted or placed on community supervision in any jurisdiction
for a:
(1)
category X offense during the person's lifetime;
(2)
category I offense during the ten years preceding the date
of application;
(3)
category II offense during the five years preceding the
date of application;
(4)
category III offense during the two years preceding the
date of application; or
(5)
category IV offense during the year preceding the date
of application.
(g)
The commission shall defer action on the application of
a person who has been charged, indicted, or placed on deferred adjudication,
community supervision, or probation for an offense described in subsection
(d) of this section. The person may reapply when:
(1)
the charges are dropped or the person is found not guilty;
or
(2)
the timeframes established in subsection (e) of this section
have been met.
(h)
The commission shall suspend a counselor's license or an
intern's registration if the commission receives notice from the Texas Department
of Public Safety or another law enforcement agency that the individual has
been charged, indicted, placed on deferred adjudication, community supervision,
or probation, or convicted of an offense described in subsection (d) of this
section.
(1)
The commission shall send notice stating the grounds for
summary suspension by certified mail to the license holder at the address
listed in the commission's records. The suspension is effective five days
after the date of mailing.
(2)
The commission shall restore the person's license upon
receipt of official documentation that the charges have been dismissed or
the person has been found not guilty.
(i)
A person whose license has been denied or suspended under
this section may only appeal the action if:
(1)
The person was convicted or placed on community supervision;
and
(2)
The appeal is based on the grounds that the timeframes
defined in subsection (e) of this section have been met.
(j)
Transitional provisions for criminal background standards
apply to intern registration applicants who enrolled in a course of study
to become licensed chemical dependency counselors on or before March 1, 2002.
(1)
To qualify for the transitional provisions, a person must
submit a complete application for intern registration by March 1, 2003.
(2)
The commission shall deny the intern registration application
if the applicant has ever been convicted or placed on community supervision
for a Category X offense in any jurisdiction.
(3)
If the applicant has been convicted or placed on community
supervision in any jurisdiction for a category I, II, III, or IV offense,
the commission shall approve the registration application if the applicant
provides a letter of present fitness from a Clinical Training Institution.
The letter of present fitness shall state that the Clinical Training Institution:
(A)
currently employs the applicant or has agreed to employ
the applicant pending intern registration;
(B)
has reviewed the applicant's criminal background and evaluated
the applicant's present fitness to provide chemical dependency counseling
services in relation to the criminal history;
(C)
has explained the commission's criminal history standards
and timeframes applied at the time of licensure to the applicant; and
(D)
is satisfied that the applicant is presently fit and appropriate
to provide chemical dependency counseling services.
(4)
If the applicant has been convicted or placed on community
supervision in any jurisdiction for a category I, II, III, or IV offense and
is unable to provide a letter of present fitness, the commission shall apply
the criminal history standards stated in subsection (f) of this section.
§150.42.Ethical Standards.
(a)
All applicants, and licensed chemical dependency counselors
shall comply with these ethical standards.
(b)
The licensed chemical dependency counselor shall not discriminate
against any client or other person on the basis of gender, race, religion,
age, national origin, disability, sexual orientation, or economic condition.
(c)
The licensed chemical dependency counselor shall maintain
objectivity, integrity, and the highest standards in providing services to
the client.
(d)
The licensed chemical dependency counselor shall:
(1)
promptly report to the commission any suspected, alleged,
or substantiated incidents of abuse, neglect, or exploitation committed by
self or other licensed chemical dependency counselors or registered counselor
interns;
(2)
promptly report to the commission violations of Texas Occupations
Code, Chapter 504, or rules adopted under the statute, including violations
of this section by self or others, unless making such a report would violate
federal confidentiality regulations found in 42 CFR Part 2;
(3)
recognize the limitations of his or her ability and shall
not offer services outside the counselor's scope of practice or use techniques
that exceed his or her professional competence; and
(4)
try to prevent the practice of chemical dependency counseling
by unqualified or unauthorized persons.
(e)
The licensed chemical dependency counselor shall not engage
in the practice of chemical dependency counseling if impaired by, intoxicated
by, or under the influence of chemicals, including alcohol.
(f)
The licensed chemical dependency counselor shall uphold
the law and refrain from unprofessional conduct. In so doing, the licensed
chemical dependency counselor shall:
(1)
comply with all applicable laws and regulations;
(2)
not make any claim, directly or by implication, that the
counselor possesses professional qualifications or affiliations that the counselor
does not possess;
(3)
not mislead or deceive the public or any person; and
(4)
refrain from any act which might tend to discredit the
profession.
(g)
The licensed chemical dependency counselor shall:
(1)
report information fairly, professionally, and accurately
to clients, other professionals, the commission, and the general public;
(2)
maintain appropriate documentation of services provided;
and
(3)
provide responsible and objective training and supervision
to interns and subordinates under the counselor's supervision. This includes
properly documenting supervision and work experience and providing supervisory
documentation needed for licensure.
(h)
In any publication, the licensed chemical dependency counselor
shall give written credit to all persons or works, which have contributed
to or directly influenced the publication.
(i)
The licensed chemical dependency counselor shall respect
a client's dignity, and shall not engage in any action that may injure the
welfare of any client or person to whom the counselor is providing services.
The licensed chemical dependency counselor shall:
(1)
make every effort to provide access to treatment, including
advising clients about resources and services, taking into account the financial
constraints of the client;
(2)
remain loyal and professionally responsible to the client
at all times, disclose the counselor's ethical code of standards, and inform
the client of the counselor's loyalties and responsibilities;
(3)
not engage in any activity which could be considered a
professional conflict, and shall immediately remove himself or herself from
such a conflict if one occurs;
(4)
terminate any professional relationship or counseling service
which is not beneficial, or is in any way detrimental to the client;
(5)
always act in the best interest of the client;
(6)
not abuse, neglect, or exploit a client;
(7)
not have sexual contact with or intentionally enter into
a personal or business relationship with a client (including any client receiving
services from the counselor's employer) for at least two years after the client's
services end;
(8)
not request a client to divulge confidential information
that is not necessary and appropriate for the services being provided; and
(9)
not offer or provide chemical dependency counseling or
related services in settings or locations which are inappropriate, harmful
to the client or others, or which would tend to discredit the profession of
chemical dependency counseling.
(j)
The licensed chemical dependency counselor shall protect
the privacy of all clients and shall not disclose confidential information
without express written consent, except as permitted by law. The licensed
chemical dependency counselor shall remain knowledgeable of and obey all state
and federal laws and regulations relating to confidentiality of chemical dependency
treatment records, and shall:
(1)
inform the client, and obtain the client's consent, before
tape-recording the client, allowing another person to observe or monitor the
client;
(2)
ensure the security of client records;
(3)
not discuss or divulge information obtained in clinical
or consulting relationships except in appropriate settings and for professional
purposes which clearly relate to the case;
(4)
avoid invasion of the privacy of the client;
(5)
provide the client his/her rights regarding confidentiality
in writing as part of informing the client in any areas likely to affect the
client's confidentiality; and
(6)
ensure the data requested from other parties is limited
to information that is necessary and appropriate to the services being provided
and is accessible only to appropriate parties.
(k)
The licensed chemical dependency counselor shall inform
the client about all relevant and important aspects of the professional relationship
between the client and the counselor, and shall:
(1)
in the case of clients who are not their own consenters,
inform the client's parent(s) or legal guardian(s) of circumstances which
might influence the professional relationship;
(2)
not enter into a professional relationship with members
of the counselor's family, close friends or associates, or others whose welfare
might be jeopardized in any way by such relationship;
(3)
not establish a personal relationship with any client (including
any individual receiving services from the counselor's employer) for at least
two years after the client's services end;
(4)
neither engage in any type or form of sexual behavior with
a client (including any individual receiving services from the counselor's
employer) for at least two years after the client's services end nor accept
as a client anyone with whom they have engaged in sexual behavior; and
(5)
not exploit relationships with clients for personal gain.
(l)
The licensed chemical dependency counselor shall treat
other professionals with respect, courtesy, and fairness, and shall:
(1)
refrain from providing or offering professional services
to a client who is receiving chemical dependency treatment from another professional,
except with the knowledge of the other professional and the consent of the
client, until treatment with the other professional ends;
(2)
cooperate with the commission, professional peer review
groups or programs, and professional ethics committees or associations, and
promptly supply all requested or relevant information unless prohibited by
law; and
(3)
ensure that his/her actions in no way exploit relationships
with supervisees, employees, students, research participants or volunteers.
(m)
Prior to treatment, the licensed chemical dependency counselor
shall inform the client of the counselor's fee schedule and establish financial
arrangements with a client. The counselor shall not:
(1)
charge exorbitant or unreasonable fees for any treatment
service;
(2)
pay or receive any commission, consideration, or benefit
of any kind related to the referral of a client for treatment;
(3)
use the client relationship for the purpose of personal
gain, or profit, except for the normal, usual charge for treatment provided;
or
(4)
accept a private professional fee or any gift or gratuity
from a client if the client's treatment is paid for by another funding source,
or if the client is receiving treatment from a facility where the counselor
provides services (unless all parties agree to the arrangement in writing).
§150.43.Actions Against a License.
(a)
Actions against a license include:
(1)
refusal to issue or renew a license;
(2)
suspension or revocation of a license;
(3)
placing a counselor on probation if the counselor's license
has been suspended; and
(4)
reprimand of a license holder.
(b)
The commission shall take action against a license for:
(1)
violating or assisting another to violate the statute or
these rules;
(2)
circumventing or attempting to circumvent the statute or
these rules;
(3)
participating, directly or indirectly, in a plan to evade
the statute or these rules;
(4)
engaging in false, misleading, or deceptive conduct as
defined by Business and Commerce Code, §17.46;
(5)
engaging in conduct that discredits or tends to discredit
the profession of chemical dependency counseling;
(6)
revealing or causing to be revealed, directly or indirectly,
a confidential communication made to the licensed chemical dependency counselor
by a client or recipient of services, except as required by law;
(7)
having a license to practice chemical dependency counseling
in another jurisdiction refused, suspended, or revoked for a reason that the
commission finds would constitute a violation of this chapter;
(8)
refusing to perform an act or service for which the person
is licensed to perform under this chapter on the basis of the client's or
recipient's sex, race, religion, age, national origin, or handicaps; or
(9)
committing an act for which liability exists under Civil
Practice and Remedies Code, Chapter 81.
(c)
The commission will determine the length of the probation
or suspension. The commission may hold a hearing at any time and revoke the
probation or suspension.
(d)
The commission may impose an administrative penalty against
a licensee who violates Texas Occupations Code, Chapter 504, or a rule or
order adopted under the statute.
(e)
Surrender or expiration of a license does not interrupt
an investigation or disciplinary action. The individual is not eligible to
regain the license until all outstanding investigations, disciplinary actions,
or hearings are resolved.
(f)
An individual whose license has been revoked is not eligible
to apply for licensure until two years have passed since the date of revocation.
During the period of revocation, the individual cannot become a counselor
intern.
(g)
The commission shall deny, suspend, and/or refuse to renew
the license of a person based on criminal history as provided in §150.31
of this title (relating to Criminal History Standards).
(h)
The commission shall implement a final order to suspend
the license of a counselor for failure to pay child support as provided by
the Texas Family Code, Chapter 232.
§150.51.Pre-Service Education Institution (PSEI) Transition.
(a)
The commission shall not register new Pre-Service Education
Institutions (PSEIs) after March 1, 2002. The registration of any PSEI registered
with the commission on March 1, 2002 is valid through and expires on August
31, 2002.
(b)
The PSEI shall ensure that all students admitted to the
program can complete the 270 hours before the program closes.
(c)
The PSEI shall maintain compliance with the standards for
PSEIs described in §150.72 of this title (relating to Pre-Service Education
Institution (PSEI) Standards) as published on January 1, 2000.
(d)
The PSEI shall notify the commission in writing within
30 days of any changes from the information submitted on the initial or renewal
application. This includes:
(1)
closure of the education program;
(2)
addition of a new education site; or
(3)
a change in the organization's name.
(e)
The commission may withdraw approval if the PSEI fails
to comply with all applicable commission rules.
§150.52.Practicum Provider Transition.
(a)
The commission shall not register new practicum providers
after March 1, 2002. The registration of any practicum provider registered
with the commission on March 1, 2002 is valid through and expires on August
31, 2002.
(b)
The practicum provider shall ensure that all students admitted
to the program can complete the 300-hour practicum before the program closes.
(c)
The practicum provider shall maintain compliance with the
standards for practicum provider described in §150.73 of this title (relating
to Practicum Provider Standards) as published on January 1, 2000.
(d)
The practicum provider shall notify the commission in writing
within 30 days of any changes from the information submitted on the initial
or renewal application. This includes:
(1)
closure of the practicum program;
(2)
addition of a new practicum site; or
(3)
a change in the organization's name.
(e)
The commission may withdraw approval if the practicum providers
fail to comply with all applicable commission rules.
§150.54.Clinical Training Institution (CTI) Standards.
(a)
The training program shall appoint a single training coordinator
who is a qualified credentialed counselor (QCC). The training coordinator
shall oversee all training activities and ensure compliance with commission
requirements and rules.
(b)
The clinical training institution (CTI) shall establish
admission criteria. No applicant shall be admitted without:
(1)
documentation that the applicant is registered with the
commission; and
(2)
a signed ethics agreement which is consistent with the
LCDC Ethical Standards in §150.42 of this title (relating to Ethical
Standards).
(c)
The CTI shall establish the following level system to classify
interns according to hours of supervised work experience:
(1)
Level I: 0-1,000 hours of work experience;
(2)
Level II: 1,001-2,000 hours of work experience;
(3)
Level III: 2,001-4,000 hours of work experience; and
(4)
Graduate Status: over 4,000 hours of work experience.
(d)
The CTI shall have an organizational structure that includes
all intern levels. The CTI shall designate each intern's level in writing
and provide the intern with a copy of the documentation.
(e)
All interns must be under the direct supervision of a QCC
as described in §150.55 of this title (relating to Direct Supervision
of Interns).
(f)
The CTI shall provide each Level I, II, and III intern
with reading assignments and training activities for the supervised work experience
that includes material in each KSA domain.
(g)
The CTI shall use the commission's KSA evaluation tool
to structure the intern's 4,000 hours of supervised work experience.
(1)
The clinical supervisor and the intern shall set weekly
objectives based on areas that targeted for improvement.
(2)
The supervisor shall provide reading, computer, and/or
video assignments that address areas needing improvement. The CTI shall allow
the intern two hours per month to complete these assignments.
(3)
The clinical supervisor shall monitor the intern's progress
and provide verbal and written feedback during weekly supervision meetings.
(4)
The intern shall complete a written KSA self-evaluation
during the first 50 hours of work experience.
(5)
The clinical supervisor and the intern shall complete and
discuss a written KSA evaluation at the completion of each level of experience
(after 1,000 hours, 2,000 hours, and 4,000 hours).
(h)
The CTI shall not allow a Level I, II, or III intern to
accrue more than 40 hours of work experience per week.
(i)
A person who has completed the 4,000 hours of supervised
work experience and is currently eligible to take or retake the examination
is a graduate intern and may continue to provide chemical dependency counseling
services at a registered clinical training institution during the five-year
registration period.
(j)
The CTI coordinator shall send the following documents
directly to the commission and provide the intern with copies within ten working
days from the date the intern completes the required 4,000 hours or leaves
the agency:
(1)
the Supervised Work Experience form signed by the CTI Coordinator;
and
(2)
a copy of the intern's job description showing job responsibilities
within the KSAs.
(k)
All activities counted towards the intern's supervised
work experience shall be within the scope of chemical dependency counseling
service as defined by the KSAs.
(l)
The CTI shall not approve hours for which the intern fails
to substantially complete related activities and supervision assignments.
Any failure to complete assignments shall be documented on the weekly supervision
form.
(m)
The CTI shall give each student the commission's Student
CTI Assessment Form with instructions to complete the assessment and mail
it directly to the commission's counselor licensure department.
(n)
The CTI shall use all current forms mandated by the commission.
(o)
The CTI shall ensure that each clinical supervisor obtains
three hours of continuing education in clinical supervision every two years.
(p)
The CTI shall inform students of testing requirements and
procedures, as well as testing schedules and information provided by the commission.
(q)
The CTI shall ensure that interns designate their status
by using "intern" or "CI" when signing client record entries.
(r)
The CTI shall maintain the following documentation for
four years:
(1)
documentation of supervised work experience reading assignments
and training activities;
(2)
verification of current credentials of all training personnel;
(3)
documentation of supervisor continuing education; and
(4)
student files, which shall include:
(A)
letter of registration;
(B)
ethics agreement signed by the student;
(C)
copies of KSA evaluations;
(D)
documentation of all supervision activities;
(E)
documentation of intern levels and accumulated hours; and
(F)
copy of the Supervised Work Experience Form.
(s)
The CTI shall give the student a copy of all information
contained in the intern file when the intern completes the required supervised
work experience and/or leaves the agency.
(t)
The CTI shall ensure that interns admitted to the program
before March 1, 2002 apply for registration with the commission as required
by §150.21 of this title (relating to Requirements for Licensure by Examination)
§150.55.Direct Supervision of Interns.
(a)
Direct supervision is oversight and direction of a counselor
intern provided by a qualified credentialed counselor (QCC) that complies
with the provisions in this section.
(b)
The qualified credentialed counselor (QCC) shall assume
responsibility for the actions of the intern within the scope of the intern's
clinical training.
(c)
If the intern has less than 2,000 hours of supervised work
experience, the supervisor must be on site when the intern is providing services.
If the intern has at least 2,000 hours of documented supervised work experience,
the supervisor may be on site or immediately accessible by telephone.
(d)
During an intern's first 1,000 hours of supervised work
experience (Level I), the CTI coordinator or QCC shall:
(1)
be on duty at the program site where the intern is working;
(2)
observe and document the intern performing assigned activities
at least once every two weeks (or 80 hours);
(3)
provide and document one hour of face-to-face individual
or group supervision each week; and
(4)
sign off on all clinical assessments, treatment plans,
and discharge summaries completed by the intern.
(e)
During an intern's second 1,000 hours of supervised work
experience (Level II), the CTI coordinator or QCC designee shall:
(1)
be on duty at the program site where the intern is working;
(2)
observe and document the intern performing assigned activities
at least once every month (160 hours);
(3)
provide and document one hour of face-to-face individual
or group supervision each week; and
(4)
sign off on all clinical assessments, treatment plans,
and discharge summaries completed by the intern.
(f)
During an intern's last 2,000 hours of required supervised
work experience (Level III), the CTI coordinator or QCC designee shall:
(1)
be available by phone while the intern is working;
(2)
observe and document the intern performing assigned activities
as determined necessary by the CTI coordinator;
(3)
provide and document one hour of face-to-face individual
or group supervision each week; and
(4)
sign off on all clinical assessments, treatment plans,
and discharge summaries completed by the intern.
(g)
After an intern achieves graduate status, the CTI coordinator
or QCC designee shall:
(1)
be available by phone while the graduate intern is working;
(2)
provide and document one hours of face-to-face individual
or group supervision each week; and
(3)
sign off on all clinical assessments, treatment plans,
and discharge summaries completed by the graduate intern.
(h)
A supervisor's schedule must allow an average of two hours
of supervision-related activity per week per intern.
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 January 16, 2002.
TRD-200200222
Karen Pettigrew
General Counsel
Texas Commission on Alcohol and Drug Abuse
Effective date: March 1, 2002
Proposal publication date: November 23, 2001
For further information, please call: (512) 349-6607