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BHEC updates and proposed rules: investigation presumption, supervisor training and social-work reorganization
Summary
BHEC outlined adopted and proposed rule changes affecting continuing education, investigations (including a presumption that regulated activities fall under a license), supervisor training expiration, and a large reorganization of social-work rules.
Daryl Spinks, executive director of the Texas Behavioral Health Executive Council, and Robert Romig, deputy executive director, reviewed adopted and proposed rule changes that the council discussed at its recent meeting and summarized during a July 16 leadership listening hour.
Spinks said adopted changes include an explicit authorization in the continuing-education and audit rule (88250) to require use of an online CE-management system. He also said the council adopted an revisions to the agency’s investigation rule (884.1) that create a presumption: when an activity falls within the scope of a licensee’s regulated work, the activity will be treated as occurring under that license unless the practitioner takes very specific steps to disclaim licensed practice and secure informed consent.
Romig said the psychology board adopted continuing-education language addressing “distinct populations,” and adopted a clarified scope-of-practice definition for school psychology that aligns the rule text with national standards without expanding the board’s scope.
On the professional counseling board, Romig said the council repealed an expiration date for supervisor-training courses; courses that previously expired after five years will now remain valid, so long as the supervisor’s standing is not later revoked.
Romig said social-work rules are the subject of the most extensive proposed changes: the agency is reorganizing the application and supervision rules (the “400” series) to streamline and clarify requirements. Romig characterized the changes as largely non‑substantive reorganizations intended to make the rules easier to read.
Agency staff emphasized a few cross‑board proposed changes: a common obligation across boards to attempt to obtain client consent to notify a co‑treating provider when a client already receives care elsewhere; cleanup of supervision language requiring supervisees to notify supervisors of complaints and to provide remediation plans to future supervisors when applicable; and clearer requirements for supervisors regarding supervisee complaints and remediation.
Spinks noted that most proposed rules remain under informal review at the governor’s office and will be posted for public comment after that review is completed. He urged licensees to review posted preambles and submit comments when the materials are available.
None of the listening-hour comments constituted a formal board motion or vote during the session; staff directed listeners to the agency’s rulemaking page for full text and preambles and said posted materials will explain the legal citations and expected effective dates.
