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TITLE 22EXAMINING BOARDS
PART 36COUNCIL ON SEX OFFENDER TREATMENT
CHAPTER 810COUNCIL ON SEX OFFENDER TREATMENT
SUBCHAPTER ALICENSED SEX OFFENDER TREATMENT PROVIDERS
RULE §810.3License 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.

Cont'd...

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