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Advocacy efforts by ALL professional counselors are needed over the next two weeks! Deadlines are quickly approaching for comments on rules proposed by the Texas State Board of Examiners of Professional Counselors as well as several Legislative Committees which are holding hearings in Austin - and McAllen - on hot topics that will impact your work, your clients and your students.
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#1. Proposed Rules by the Texas State Board of Examiners of Professional Counselors
Proposed rules are posted in the
January 15, 2016 issue of the Texas Register. Submit comments to: Sarah Faszholz, Interim Executive Director, Texas State Board of Examiners of Professional Counselors, Mail Code 1982, P.O. Box 149347, Austin, Texas 78714-9347 or by email to
[email protected] - include "Comments on Proposed Rules" in the email subject line.
February 14, 2016 is the Deadline to Submit Comments.
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- §681.15 (4):
This new rule would allow the Board to exceed statutorily established timelines for the review and processing of applications. □ LPCs and LPC-Interns should not be penalized because of increased volumes of work at the agency. Timelines are enforced for applicants and the same should hold true for the Board.
- §681.41 (g):
The amended rule would require an initial face-to-face intake session before beginning a distance counseling relationship; it would also require that the licensee reside in Texas and the client must be a resident of or in Texas, with the exception of the military. □ This rule will increase price, reduce access, reduce innovation and limit LPCs ability to work with large health care providers - without any indication that the rule will protect the public. A similar rule by the Texas Medical Board has been enjoined by the U.S. District Court Western District.
- §681.82(c):
This new rule will expedite the licensing of professional counselors who have been in practice in a U.S. jurisdiction for five years preceding their application by accepting their academic, including practicum, requirements.
- §681.83(e):
This new rule would deny an applicant the right to a hearing if an administrative review determines that the applicant does not meet academic requirements. □ Applicants who have invested in graduate study should be given an opportunity to appeal a decision and provide documentation that their academic records do meet the state's academic requirements.
- §681.93(a):
This amended rule would require those seeking the Supervisor credential after June 1, 2016 to be licensed in good standing in Texas for five years, up from the current three-year requirement.
- §681.93(n):
This amended rule expands the Board's ability to impose administrative penalties and would allow the Board to require a Supervisor who is violation of board rules, to refund all or a portion of fees received by the Supervisor from an LPC-Intern.
- §681.161(e):
This amended rule would require than an investigator request the entire client record for a case under investigation, regardless of the focus of the complaint. Such records would have to be produced in no more than 15 days.
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#2. Texas Legislative Committee Hearings
TCA encourages members to attend the following hearings to testify and/or submit written comments to Texas Legislative Committee members as they considering policy issues that will impact your work. Please send a copy of your testimony or comments to [email protected]. Receiving your comments helps TCA more effectively advocate for you.
Tuesday, February 9, 2016
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House Corrections Committee □ 9:30 am
E.2.028 (Capitol Extension)
The committee will meet to consider the following interim charges: 1) Study incarceration rates for non-violent drug offenses and the cost to the state associated with those offenses.
Identify alternatives to incarceration, including community supervision, that could be used to reduce incarceration rates of non-violent drug offenders. 2) Study inmate release policies of the Texas Department of Criminal Justice, including the release of inmates directly from administrative segregation.
Identify best practices and policies for the transitioning of these various inmate populations from the prison to appropriate supervision in the community. 3) Identify any needed legislative changes necessary to accomplish these goals.
Invited testimony will be followed by public testimony. Public testimony may be limited to 3-5 minutes. Committee Members are:
Murphy, Jim (R) /
White, James (R) /
Allen, Alma (D) /
Keough, Mark (R) /
Krause, Matt (R) /
Tinderholt, Tony (R) /
Schubert, Leighton (R).
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House Public Education Committee □ 10:00 am
E2.036 (Capitol Extension)
The committee will meet to consider the following interim charges: 1) Review the state's current education policies and initiatives regarding middle grades.
Make recommendations to ensure a comprehensive, research-based state strategy for preparing students at the middle grades for high school retention, success, and postsecondary readiness. This review should include an examination of school-based strategies and best practices that encourage at-risk youth to finish school. 2) Review current public education programs that address the needs of high performing students. Identify the adequacy of these programs statewide in meeting the needs of this specific student group and
explore additional means to promote high quality programs designed to meet the educational needs of these students. 3) Study ways to increase the recognition of the performance of higher performing students on test-based and non-test based measures. Examine whether the current and proposed state accountability systems adequately promote districts addressing the needs of students across the performance spectrum, including those students significantly outperforming their peers. Recommend whether the academic performance of high achieving students should be specifically addressed as a separate indicator in the accountability system.
Public testimony may be limited to 5 minutes. Committee Members are:
Aycock, Jimmie Don (R) /
Allen, Alma (D) /
Bohac, Dwayne (R) /
Deshotel, Joe (D) /
Dutton, Harold (D) /
Farney, Marsha (R) /
Galindo III, Rick (R) /
Gonzalez, Mary (D) /
Huberty, Dan (R) /
King, Ken (R) /
VanDeaver, Gary (R).
Wednesday, February 10, 2016
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Senate Education Committee □ 9:00 am
Quinta Mazatlan - 600 Sunset Drive, McAllen, Texas (Note Location)
The committee will meet to hear invited and public testimony on the following items: 1) Monitor the implementation of legislation addressed by the Senate Committee on Education and make recommendations for any legislation needed to improve, enhance, and/or complete implementation. Specifically, monitor the following: a) Program to require the placement and use of video cameras in self-services to students; and
Legislation to address training support for counselors, and advising courses for middle school students. b) Local briefing on English Language Learning.
Public testimony is limited to 3 minutes. If submitting written testimony during the hearing, please submit 20 copies, with your name on each copy. Committee Members are:
Taylor, Larry (R) /
Lucio, Eddie (D) /
Bettencourt, Paul (R) /
Campbell, Donna (R) /
Garcia, Sylvia (D) /
Huffines, Donald (R) /
Kolkhorst, Lois (R) /
Rodriguez, Jose (D) /
Seliger, Kel (R) /
Taylor, Van (R) /
West, Royce (D).
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House Public Health Committee □ 9:00 am
E2.012 (Capitol Extension)
The committee will meet to consider the following interim charges: 1) Study and assess the state's preparedness for public health threats and emergencies including responding to natural disasters and highly infectious diseases. Review current protocols and examine public health resources to determine if they are sufficient. Identify weaknesses within the public health response framework and make recommendations for improvement.
2) Examine the history of telemedicine in Texas and the adequacy of the technological infrastructure for use between Texas healthcare providers. Review the benefits of using telemedicine in rural and undeserved areas and current reimbursement practices. Explore opportunities to expand and improve the delivery of healthcare and identify methods to increase awareness by provider groups, including institutions of higher education, and payers of telemedicine activities being reimbursed in Texas.
Invited testimony will be followed by public testimony. Public testimony may be limited to 3-5 minutes.
Committee Members are: Crownover, Myra (R) / Naishtat, Elliott (D) / Blanco, Cesar (D) / Coleman, Garnet (D) / Collier, Nicole (D) / Davis, Sarah (R) / Guerra, Bobby (D) / Miller, Rick (R) / Sheffield, J.D. (R) / Zedler, Bill (R) / Zerwas, John (R).
Thursday, February 18, 2016
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Senate Health and Human Services Committee □ 9:00 am
Senate Chamber (Capitol Building)
The committee will meet to consider the following interim charges:
Study and make recommendations on innovative methods and best practices to promote healthy aging for the state's population and reduce chronic medical and behavioral health conditions. Identify opportunities for improved collaboration to promote healthy aging in the health and human services system at the state, regional and local levels. 2) Examine and recommend ways to improve quality and oversight in long-term care settings, including nursing homes and ICF/HCS programs. 3) Monitor the implementation of legislation addressed by the Senate Committee on Health and Human Services during the 84th Regular Session related to the revocation of nursing home licenses for repeated serious violations; and examine the cause of action known as wrongful birth. The study should examine (a) its history in Texas, (b) its effect on the practice of medicine, and (c) its effect on children with disabilities and their families. Examine related measures proposed or passed in other states.
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