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RULE §810.4License Issuance and/or Renewal

Beginning September 1, 2006, all new initial licenses shall expire on the last day of the licensee's birth month. The initial licensing period shall be at least 13 months and no more than 30 months. Subsequent licensing periods will be 24 months. In order to maintain eligibility for the licensure as a sex offender treatment provider, the mental health or medical license of each renewal shall be current and active. All renewal applicants shall comply with the following:

  (1) Number of continuing education (CE) hours. All renewal applicants shall acquire by the end of the 2-year cycle, a minimum of 24 hours of documented continuing education. Six hours shall be in ethics and 12 shall be in sex offender assessment and treatment of which 6 hours shall be in sexual assault victim-related training, beginning September 1, 2011.

  (2) All renewal applicants shall submit renewal forms provided by the council and renewal fees defined in §810.5 of this title (relating to Fees).

  (3) The council shall employ an audit system for continuing education reporting. The licensee shall be responsible for maintaining a record of his or her continuing education experiences. The certificates or other documentation verifying earning of continuing education hours are not to be forwarded to the council at the time of renewal unless the licensee has been selected for audit.

  (4) The audit process shall be as follows.

    (A) The department shall select for audit a random sample of licensees for each renewal. Audit forms shall be sent to the selected licenses.

    (B) All licensees selected for audit will furnish documentation of certificates, an affidavit identifying the continuing education experience satisfactory to the council, or any other documentation requested by the council to verify having earned the continuing education hours listed on the continuing education report. The documentation shall be provided to the council upon request.

    (C) Failure to furnish this information within 2 weeks of receipt of the audit forms or knowingly providing false information during the audit process or the renewal process are grounds for disciplinary action against the licensee.

  (5) Beginning September 1, 2007, licensees may choose to renew biennially by September 30 or on the last day of the licensee's birth month. Fees shall not be prorated if the licensee chooses the birth month option. The first renewal period shall be at least 13 months and no more than 30 months. This option shall not be available to persons whose initial licenses were issued on or after September 1, 2006.

  (6) Renewal applications for those persons initially licensed on or after September 1, 2006 shall be postmarked by the last day of the licensee's birth month or a late fee shall be assessed. Renewal applications for those initially licensed prior to September 1, 2006 shall be postmarked by September 30 or the last day of the licensee's birth month, depending on the chosen option, or a late fee shall be assessed.

  (7) To ensure approval of continuing education hours, licensees should request pre-approval of hours from the council before attending continuing educational training. Instructors or sponsoring bodies may request pre-approval of hours from the council before conducting continuing education trainings. Continuing education activities related to the assessment and treatment of sex offenders or sexual assault victim related training shall be instructor-directed activities such as conferences, symposia, seminars, and workshops.

  (8) Continuing education hours will be credited for approved, didactic presentations within the context of a professional conference or seminar. On the job training and field trips shall not be credited with continuing education hours.

  (9) Licensees shall request pre-approval from the council for all online courses and courses taken at an institution of higher learning. All renewal applicants may count a maximum of 6 online hours per biennial renewal period not including ethic hours.

  (10) All renewal applicants may count a maximum of 4 hours per biennial renewal period for the presentation of continuing education training, lectures, or courses in the specific area of sex offender assessment and treatment, sexual assault issues and/or victim training.

  (11) A maximum of 3 hours may be carried over per renewal period for sexual assault issues or sexual assault victim training hours.

  (12) Continuing education extension.

    (A) A licensee who has failed to complete the requirements for continuing education may be granted a 90-day extension by the executive director.

    (B) The request for an extension of the CE period shall be made in writing and shall be postmarked prior to September 30.

    (C) If an extension is requested, a late fee equal to one-half of the renewal fee stated in §810.5(b)(2)(B) of this title will be assessed.

    (D) If an extension is granted, the next CE period shall begin the day after the CE requirement has been satisfied.

    (E) Credit earned during the extension period cannot be applied toward the next CE period.

    (F) A person who fails to complete the CE requirements during the extension period or who does not request an extension and holds an expired license, shall not use the title of LSOTP, ASOTP, and PSOTP, practice as a sex offender treatment provider, or provide sex offender treatment.

  (13) A license shall be renewed upon completion of the required CE within the given extension period, submission of the license form, and payment of the applicable late renewal fee.

  (14) A person who fails to complete CE requirements for renewal and failed to request an extension to the CE period may not renew the license. The person may obtain a new license by complying with the current requirements and procedures for obtaining a license.

Source Note: The provisions of this §810.4 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396

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