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TEXAS ADMINISTRATIVE CODE
TITLE 22. EXAMINING BOARDS
PART 36. COUNCIL ON SEX OFFENDER TREATMENT
CHAPTER 810. COUNCIL ON SEX OFFENDER TREATMENT
SUBCHAPTER A. LICENSED SEX OFFENDER TREATMENT PROVIDERS
Date:
08/31/2009
Document:
§ 810.3. License Required
(a) A person shall not provide sex offender treatment or act as a sex offender treatment provider unless the person is licensed by the council. A person may not claim to be a sex offender treatment provider or use the title or an abbreviation that implies the person is a sex offender treatment provider unless the person is licensed under this chapter.
(b) The council shall maintain a list of licensees who meet the council's licensure criteria to assess and treat adult sex offenders and/or juveniles with sexual behavior problems. The council shall recognize the experience and training of treatment providers in the following licensure categories: "Licensed Sex Offender Treatment Provider", "Affiliate Sex Offender Treatment Provider", or "Provisional Sex Offender Treatment Provider".
(c) Sex offender treatment does not include rehabilitation or clinical services provided in a criminal justice or juvenile justice institution as a part of the mainstream adjunct treatment programs.
(1) Licensed Sex Offender Treatment Provider (LSOTP). To be eligible as a LSOTP, the applicant shall meet all of the following criteria:
(A) licensed in Texas to practice as a physician, psychiatrist, psychologist, licensed professional counselor, licensed marriage and family therapist, licensed clinical social worker, or advanced nurse practitioner recognized as a psychiatric clinical nurse specialist or psychiatric mental health nurse practitioner who provides services for the assessment and treatment of adult sex offenders and/or juveniles with sexual behavior problems. The mental health or medical license status shall be current and active:
(B) experience and training required as listed in clauses (i) - (ii) of this subparagraph: (i) possess a minimum of 1000 documented and verified hours of clinical experience in the areas of assessment and treatment of sex offenders, obtained within a within the past 7-year period, and provide 1 reference letter from a licensed sex offender treatment provider or mental health professional who has actual knowledge of the applicant's clinical work in sex offender assessment and treatment; and (ii) possess a minimum of 40 hours of documented continuing education training obtained within 3 years prior to the application date, in the specific area of sex offender assessment and treatment. Of the initial 40 hours training required, 30 hours shall be in the specific area of sex offender assessment and treatment. Ten hours shall be in sexual assault victim related training;
(C) submit a complete and accurate description of the applicant's treatment program on a form provided by the council;
(D) persons making initial application or renewing their eligibility for licensure shall adhere to Subchapter C. Standards of Practice and Subchapter D. Code of Professional Ethics to the extent the adherence does not conflict with other laws and shall comply with the following requirements: (i) not have been convicted and/or adjudicated of any felony, or of any misdemeanor involving a sex offense or sexually motivated offense, nor have received deferred adjudication for a sex offense, and/or required to register as a sex offender under Texas Code of Criminal Procedure, Chapter 62; (ii) not have had licensure revoked or canceled by any professional licensing body; (iii) submit to a criminal history background check. An applicant shall be required to submit a complete set of fingerprints on the card provided by the council with the application documents, or other information necessary to conduct a criminal history background check to be submitted to the Texas Department of Public Safety or to another law enforcement agency unless exempt under this section. Fingerprints shall be taken by a peace officer or a person authorized by the council and shall be placed on a form prescribed by the Texas Department of Public Safety; and (iv) not have violated the Act or any rule adopted by the council;
(E) submit an application fee as defined in § 810.5 of this title (relating to Fees);
(F) submit a copy of his or her mental health or medical license, as set out in subparagraph (A) of this paragraph, and indicated that the applicant's license is current and in good standing;
(G) sign the application form(s) and attest to the accuracy of the application information; and
(H) complete the process within 90 days of the application's receipt in the council office.
(2) Affiliate Sex Offender Treatment Provider (ASOTP). To be eligible as a licensed ASOTP, the applicant shall meet all of the following criteria:
(A) licensed in Texas to practice as a physician, psychiatrist, psychologist, psychological associate, provisionally licensed psychologist, licensed professional counselor, licensed professional counselor intern, licensed marriage and family therapist, licensed marriage and family associate, licensed clinical social worker, licensed master social worker under a TSBSWE's approved clinical supervision plan, or an advanced nurse practitioner recognized as a psychiatric clinical nurse specialist or psychiatric mental health nurse practitioner who provides services for the assessment and treatment of adult sex offenders and/or juveniles with sexual behavior problems. The mental or medical health license status shall be current and active;
(B) experience and training required as listed in clauses (i) - (iii) of this subparagraph: (i) possess a minimum of 250 documented and verified hours of clinical experience in the areas of assessment and treatment of sex offenders and/or juveniles with sexual behavior problems, obtained within the past 7-year period, and provide 1 reference letter from a licensed sex offender treatment provider or mental health professional who has actual knowledge of the applicant's clinical work in sex offender assessment and treatment; (ii) be supervised by a LSOTP in accordance with paragraph (6)(A) - (D) of this subsection until LSOTP status is obtained and submit a copy of the LSOTP supervisor's license indicating that the applicant is current and in good standing; and (iii) possess a minimum of 40 hours of documented continuing education training obtained within 3 years prior to application date, in the specific area of sex offender assessment and treatment. Of the initial 40 hours training required, 30 hours shall be in sex offender specific training. Ten hours shall be in sexual assault victim related training;
(C) submit a complete and accurate description of the applicant's treatment program on a form provided by the council;
(D) comply with paragraph (1)(D)(i) - (iv) of this subsection;
(E) persons making initial application or renewing their eligibility for licensure shall adhere to Subchapter C. Standards of Practice and Subchapter D. Code of Professional Ethics to the extent the adherence does not conflict with other laws;
(F) submit an application fee as defined in § 810.5 of this title;
(G) submit a copy of the applicant's medical or mental health license as set out in subparagraph (A) of this paragraph, indicating the applicant is current and in good standing;
(H) sign the application form(s) and attest to the accuracy of the application information; and
(I) complete the process within 90 days of the application's receipt in the council office.
(J) After completing the required documented clinical and continuing education hours and depending upon the status of the licensee's mental or medical license, the ASOTP may be upgraded to a LSOTP. The licensee does not need to submit a new application if the ASOTP license is current. Licensees will be notified if there are any deficiencies.
(3) Provisional Sex Offender Treatment Provider (PSOTP). To be eligible as a licensed PSOTP, the applicant shall meet all of the following criteria:
(A) licensed in Texas to practice as a physician, psychiatrist, psychologist, psychological associate, provisionally licensed psychologist, licensed professional counselor, licensed professional counselor intern, licensed marriage and family therapist, licensed marriage and family associate, licensed clinical social worker, licensed master social worker under a TSBSWE's approved clinical supervision plan, or an advanced nurse practitioner recognized as a psychiatric clinical nurse specialist or psychiatric mental health nurse practitioner who provides services for the assessment and treatment of adult sex offenders and/or juveniles with sexual behavior problems. The mental or medical health license status shall be current and active;
(B) experience and training required as listed in clauses (i) - (iii) of this subparagraph: (i) possess 0 to 1000 documented and verified hours of clinical experience in the areas of assessment and treatment of sex offenders, obtained within the past 7-year period, and provide 1 reference letter from a licensed sex offender treatment provider or mental health professional who has actual knowledge of the applicant's clinical work in sex offender assessment and treatment; (ii) supervised by a LSOTP in accordance with paragraph (6)(A) - (D) of this section until LSOTP status is obtained and submit a copy of the LSOTP supervisor's license, and indicated that the applicant is current and in good standing. A PSOTP applicant is exempt from supervision if the applicant is only lacking the CE requirements necessary to become a LSOTP; and (iii) possess a minimum of 40 hours of documented continuing education training obtained within 24 months of the date of application, in the specific area of sex offender assessment and treatment. Of the initial 40 hours training required, 30 hours shall be in sex offender specific training. Ten hours shall be in sexual assault victim related training;
(C) submit a complete and accurate description of the applicant's treatment program on a form provided by the council;
(D) comply with paragraph (1)(D)(i) - (iv) of this subsection;
(E) persons making initial application or renewing their eligibility for licensure shall adhere to Subchapter C. Standards of Practice and adhere to Subchapter D. Code of Professional Ethics to the extent the adherence does not conflict with other laws;
(F) submit an application fee defined in § 810.5 of this title;
(G) submit a copy of the applicant's medical or mental health license as set out in subparagraph (A) of this paragraph, indicating the applicant is current and in good standing;
(H) sign the application form(s) and attest to the accuracy of the application information; and
(I) complete the process within 90 days of the application's receipt in the council office.
(J) After completing the required documented clinical and continuing education hours, the PSOTP may be upgraded to the LSOTP or ASOTP license based on the number of completed hours and depending upon the status of the licensee's medical or mental health license. The licensee does not need to submit a new application if the PSOTP license is current. Licensees will be notified if there are any deficiencies.
(4) Licensing Out-of-State Applicants/Reciprocity. The council may waive any prerequisite to licensing for an application after receiving the applicant's credentials and determining that the applicant holds a valid sex offender treatment license from another state that has license requirements substantially equivalent to those of this state.
(5) Request for Criminal History Evaluation Letter.
(A) In accordance with Occupations Code, § 53.102, a person may request the council to issue a criminal history evaluation letter regarding the person's eligibility for a license if the person: (i) is enrolled or planning to enroll in an educational program that prepares a person for an initial license or is planning to take an examination for an initial license; and (ii) has reason to believe that the person is ineligible for the license due to a conviction for a felony or misdemeanor offense.
(B) A person making a request for issuance of a criminal history evaluation letter shall submit the request on a form prescribed by the council, accompanied by the criminal history evaluation letter fee and the required supporting documentation, as described on the form. The request shall state the basis for the person's potential ineligibility.
(C) The council has the same authority to investigate a request submitted under this section and the requestor's eligibility that the council has to investigate a person applying for a license.
(D) If the council determines that a ground for ineligibility does not exist, the council shall notify the requestor in writing of the determination. The notice shall be issued not later than the 90th day after the date the council received the request form, the criminal history evaluation letter fee, and any supporting documentation as described in the request form.
(E) If the council determines that the requestor is ineligible for a license, the council shall issue a letter setting out each basis for potential ineligibility and the council's determination as to eligibility. The letter shall be issued not later than the 90th day after the date the council received the request form, the criminal history evaluation fee, and any supporting documentation as described in the request form. In the absence of new evidence known to but not disclosed by the requestor or not reasonably available to the council at the time the letter is issued, the board's ruling on the request determines the requestor's eligibility with respect to the grounds for potential ineligibility set out in the letter.
(6) Inactive Status.
(A) A licensee may place his or her license on inactive status by submitting a written request prior to the expiration of the license along with the inactive fee to the council. Inactive status periods shall be granted only to persons whose licenses are current or whose licenses have been expired for less than 1 year.
(B) An inactive status period shall begin on the first day of the month following payment of an inactive status fee.
(C) A person may not act as a licensee, represent himself or herself as a licensee, or provide sex offender treatment during the inactive status period, unless exempted by the Act.
(D) A person may remain subject to investigation and action under § 810.9 of this title (relating to Complaints, Disciplinary Actions, Administrative Hearings, and Judicial Review) during the period of inactive status.
(E) A person must notify the council in writing to return to active status. Active status shall begin after receipt of proof of successful completion of 24 hours continuing education within the 2 years preceding reinstatement of active status and payment of applicable fees.
(F) The person's next continuing education cycle will begin upon return to active status and end on the day of license expiration.
(G) A person previously approved as a supervisor whose license has been inactive for more than 2 years and who resumes active license status may become a supervisor by again completing the supervision requirements of the council.
(H) A person who is granted an inactive status by the person's mental health or medical license under § 810.2(a)(12) of this title (relating to Definitions) shall be required to request an inactive status under this section.
(I) The licensee must renew the inactive status every 2 years.
(7) Active Military.
(A) For purposes of this section, a "designated representative" is a person authorized in writing by the licensee to act on behalf of the licensee. A copy of the written designation must be provided to the council.
(B) If a licensee fails to renew his or her license because the licensee is called to or is on active duty with the armed forces of the United States serving outside of the State of Texas, the licensee or the licensee's designated representative may request that the license be declared inactive or be renewed. A request for inactive status shall be made in writing to the council prior to expiration of the license or within one year from the expiration date. A request for renewal may be made before or after the expiration date. (i) A written request shall include a copy of the official transfer orders of the licensee or other official military documentation showing that the licensee is called to or on active duty serving outside of the State of Texas. (ii) The payment of the inactive status fee, late renewal fee and licensure renewal penalty fee is waived for a licensee under this section. (iii) An active duty licensee shall be allowed to renew under this section without submitting proof of continuing education hours. (iv) The written request shall include a current address and telephone number for the licensee or the licensee's designated representative. (v) The council may periodically notify the licensee or the licensee's designated representative that the license of the licensee remains in inactive status. (vi) If a licensee is a civilian impacted or displaced for business purposes outside of the State of Texas due to a national emergency or war, the licensee or the licensee's designated representative may request that the license be declared inactive in the same manner as described in this section for military personnel. The written request shall include an explanation of how the licensee is impacted or displaced, which explanation shall be on the official letterhead of the licensee's business. The requirements of this section relating to renewal by active duty licensees shall not apply to a civilian under this paragraph.
(8) Specialized Competencies. Licensed Sex Offender Treatment Providers with specialized competencies in the assessment and treatment of juveniles with sexual behavior problems, female sex offenders, and/or developmentally delayed sex offenders may have those competencies documented by the council, provided the following criteria is met:
(A) possess at least 250 documented and verified hours experience with each population in the assessment and treatment of juveniles with sexual behavior problems, female sex offenders, and/or developmentally delayed sex offenders; these hours may be part of the original training and experience hours required for the new application and original CE requirements up to 7 years prior;
(B) possess a minimum of 24 hours of documented continuing education training with each population in the assessment and treatment of juveniles with sexual behavior problems, female sex offenders, developmentally delayed sex offenders; and/or deregistration evaluation specialist these hours may be part of the original training and experience hours required for the original certification;
(C) possess a minimum of 3 hours of documented continuing education training with each population in the assessment and treatment of juveniles with sexual behavior problems, female sex offenders, and/or developmentally delayed sex offenders for renewal of the specialized competencies; and
(D) pay a biennial fee for each specialty as defined in § 810.5(e) of this title.
(9) Supervision. All ASOTPs and PSOTPs providing sex offender assessment and treatment shall be supervised unless exempt under paragraph (3)(B)(ii) of this subsection. Supervision will include the following:
(A) An ASOTP and PSOTP providing sex offender assessment and treatment is required to be under the supervision of a LSOTP supervisor approved by the council unless exempt under paragraph (3)(B)(ii) of this subsection. The ASOTP and PSOTP shall provide a copy of supervision documentation to the council during the renewal period unless exempt under paragraph (3)(B)(ii) of this subsection.
(B) An LSOTP that has not been a supervisor approved by the council prior to the effective date of this rule shall meet the following criteria: (i) possess 5 years experience as a RSOTP, or 5 years documented experience in the field of sex offender assessment and treatment, and/or an approved supervisor with another mental health license who has documented experience in the field of sex offender assessment and treatment; (ii) sign and acknowledge the LSOTP supervisor's responsibilities form; (iii) submit a biennial fee as defined in § 810.5(f) of this title; and (iv) obtain 3 hours documented continuing education in the supervision of sex offender treatment providers or in general supervision of other mental health professionals every 4 years.
(C) An ASOTP and PSOTP shall receive face-to-face supervision at least 1 hour per 20 hours of assessment and treatment with a minimum of 2 hours per month during any time period in which the supervisee provides sex offender treatment unless exempt under subparagraph (B)(ii) of this paragraph. Exceptions to supervision requirements shall be approved on a case-by-case basis by the council.
(D) The supervising LSOTP shall submit the required documentation to the council at the time of the renewal; the documentation shall contain the name(s) of the ASOTP(s) and PSOTP(s) and hours that each has been supervised during the renewal cycle. The supervising LSOTP shall be required to use the form(s) provided by the council.
(10) License Certificates. Upon completion of the application or renewal process, licensees shall receive an official certificate and renewal cards from the council. The certificate shall be displayed at all locations where sex offender assessment and treatment is provided. As set forth in § 810.5(g) of this title, duplicate certificates may be obtained for a nominal fee.
(A) The council shall prepare and provide to each licensee a certificate and initial and renewal cards which contain the licensee's name and certificate number.
(B) A licensee shall not display a license certificate(s) or renewal card(s) which have been reproduced or are expired, suspended, or revoked.
(C) A license certificate(s) or renewal card(s) issued by the council remains the property of the council and shall be surrendered to the council upon demand.
(D) The address and telephone number of the council shall be displayed at all locations where sex offender assessment and treatment is conducted and/or the licensee shall provide a copy to the client on initial intake for the purpose of directing complaints against the licensee to the council.
(11) Application processing. The council shall comply with the following procedures in processing applications for a license.
(A) The following times shall apply from a completed application receipt and acceptance date for filing, or until the date a written notice is issued stating the application is deficient and additional specific information is required. A written notice of application approval may be sent instead of the notice of acceptance of a complete application. The times are as follows: (i) letter of acceptance of application for licensure--30 days; (ii) letter of acceptance of application for renewal--30 days; and (iii) letter of initial application deficiency--30 days.
(B) The following times shall apply from the receipt of the last item necessary to complete the application until the date of issuance of written notice approving or denying the application. The times for denial include notification of the proposed decision and of the opportunity, if required, to show compliance with the law and of the opportunity for a formal hearing. The times are as follows: (i) approval of application--42 days; and (ii) letter of denial of licensure--90 days.
(12) Refund processing. The council shall comply with the following procedures in processing refunds of fees paid to the council. In the event an application is not processed in the times stated in paragraph (11)(A) - (B) of this subsection.
(A) An applicant has the right to request reimbursement of all fees paid in that particular application process. Application for reimbursement shall be made to the executive director. If the executive director does not agree that the time has been violated or finds that good cause existed for exceeding the time, the request shall be denied.
(B) Good cause for exceeding the time is considered to exist if the number of applications for a license or renewal exceeds by 15% or more the applications processed in the same calendar quarter of the preceding year; another public or private entity relied upon by the council in the application process caused the delay; or any other condition exists giving the council good cause for exceeding the time.
(C) If the executive director denies a request for reimbursement under subparagraph (A) of this paragraph the applicant may appeal to the council for a timely resolution of any dispute arising from a violation of the processing times. The applicant shall give written notice to the council at the address of the council that he or she requests full reimbursement of all fees paid because his or her application was not processed within the applicable time. The executive director shall submit a written report of the facts related to the processing of the application and of any good cause for exceeding the applicable time. The council shall provide written notice of the decision to the applicant and the executive director. The council shall decide an appeal in favor of the applicant, if the applicable time was exceeded and good cause was not established. If the council decides the appeal in favor of the applicant, full reimbursement of all fees paid in that particular application process shall be made.
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