SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 502.001 - Short Title
This chapter may be cited as the Licensed Marriage and Family Therapist Act. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
- Texas Section 502.002 - Definitions
In this chapter: (1) "Board" means the Texas State Board of Examiners of Marriage and Family Therapists. (2) "Commissioner" means the commissioner of state health...
- Texas Section 502.003 - Application Of Sunset Act
The Texas State Board of Examiners of Marriage and Family Therapists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence...
SUBCHAPTER B BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS
- Texas Section 502.004 - Application Of Chapter
This chapter does not apply to: (1) the activities, within the scope of a person's employment, of a person employed to perform marriage and family...
- Texas Section 502.051 - Board; Membership
(a) The Texas State Board of Examiners of Marriage and Family Therapists consists of nine members appointed by the governor with the advice and consent...
- Texas Section 502.052 - Membership; Restrictions
(a) A board member appointed under Section 502.051(a)(1) must: (1) be eligible for a license under this chapter; and (2) have been engaged in the...
- Texas Section 502.053 - Membership And Employee Restrictions
(a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to...
- Texas Section 502.054 - Terms; Vacancy
(a) Members of the board serve staggered six-year terms. The terms of three members expire on February 1 of each odd-numbered year. (b) If a...
- Texas Section 502.055 - Officers
(a) The governor shall designate a board member as the presiding officer. The presiding officer serves in that capacity at the will of the governor....
- Texas Section 502.056 - Grounds For Removal
(a) It is a ground for removal from the board that a member: (1) does not have at the time of taking office the qualifications...
- Texas Section 502.057 - Compensation; Reimbursement
(a) A board member may not receive compensation for service on the board. (b) A board member is entitled to reimbursement for expenses as provided...
- Texas Section 502.058 - Meetings
(a) The board shall meet at least twice during each year. (b) The board may meet at other times at the call of the presiding...
SUBCHAPTER C EXECUTIVE DIRECTOR AND OTHER BOARD PERSONNEL
- Texas Section 502.059 - Training Requirements
(a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as...
- Texas Section 502.101 - Executive Director
After consulting with the board's members, the commissioner shall appoint an executive director for the board. The executive director must be an employee of the...
- Texas Section 502.102 - Powers And Duties Of Executive Director
The executive director shall administer the licensing activities under this chapter as directed by the board or the commissioner. Acts 1999, 76th Leg., ch. 388,...
- Texas Section 502.103 - Personnel
(a) The commissioner shall designate and make available to the board personnel and facilities necessary for the efficient administration of the board's duties. (b) The...
- Texas Section 502.104 - Division Of Responsibilities
The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and...
SUBCHAPTER D BOARD POWERS AND DUTIES
- Texas Section 502.105 - Qualifications And Standards Of Conduct Information
The board shall provide, as often as necessary, to its members and employees information regarding their: (1) qualifications for office or employment under this chapter;...
- Texas Section 502.151 - General Powers And Duties Of Board
The board shall: (1) determine the qualifications and fitness of a license applicant under this chapter; and (2) adopt a code of professional ethics for...
- Texas Section 502.152 - Rules Regarding Board Procedures
The board may adopt rules establishing the board's procedures. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
- Texas Section 502.153 - Fees
(a) The board by rule shall set fees in amounts reasonable and necessary to cover the costs of administering this chapter. The board shall set...
- Texas Section 502.154 - Expenditure Of Funds
The general rules of the General Appropriations Act apply to the expenditure of funds under this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1,...
- Texas Section 502.155 - Powers And Duties Regarding Examination
The board shall: (1) determine the times and places for licensing examinations; (2) offer examinations at least semiannually; and (3) give reasonable public notice of...
- Texas Section 502.156 - Rules Restricting Advertising Or Competitive Bidding
(a) The board may not adopt rules restricting advertising or competitive bidding by a person regulated by the board except to prohibit false, misleading, or...
- Texas Section 502.1565 - Rules On Consequences Of Criminal Conviction
(a) The board shall adopt rules necessary to comply with Chapter 53. (b) In its rules under this section, the board shall list the specific...
- Texas Section 502.157 - Annual Registry
(a) The board shall annually prepare a registry of all license holders. (b) The board shall make the registry available to the public, license holders,...
- Texas Section 502.158 - Board Duties Regarding Complaints
(a) The board by rule shall: (1) adopt a form to standardize information concerning complaints made to the board; and (2) prescribe information to be...
- Texas Section 502.159 - Ex Parte Communication Prohibited
A board member or department employee who performs functions for the board and who is assigned to make a decision, a finding of fact, or...
- Texas Section 502.161 - Board Committees
(a) The board may appoint committees to assist the board with its functions under this chapter. (b) Only a member of the board may serve...
- Texas Section 502.162 - Use Of Technology
The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions. The policy...
SUBCHAPTER E PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
- Texas Section 502.163 - Negotiated Rulemaking And Alternative Dispute Resolution Policy
(a) The board shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the...
- Texas Section 502.201 - Public Interest Information
(a) The board shall prepare information of public interest describing the functions of the board and the procedures by which complaints are filed with and...
- Texas Section 502.202 - Complaints
(a) The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of...
- Texas Section 502.203 - Records Of Complaints
(a) The board shall keep an information file about each complaint filed with the board. The information file shall be kept current and must contain...
- Texas Section 502.204 - General Rules Regarding Complaint Investigation And Disposition
(a) The board shall adopt rules concerning the investigation of a complaint filed with the board. The rules adopted under this subsection must: (1) distinguish...
- Texas Section 502.2041 - Complaint Committee
The board shall appoint at least one public member to any board committee established to review a complaint filed with the board or review an...
- Texas Section 502.2045 - Subpoenas
(a) In an investigation of a complaint filed with the board, the board may request that the department approve the issuance of a subpoena. If...
SUBCHAPTER F LICENSE REQUIREMENTS AND EXEMPTIONS
- Texas Section 502.205 - Public Participation
(a) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on...
- Texas Section 502.251 - License Required
(a) A person may not practice as a marriage and family therapist unless the person holds a license under this chapter or is exempt under...
- Texas Section 502.252 - License Application
(a) An applicant for a license must: (1) file a written application with the board on a form prescribed by the board; and (2) pay...
- Texas Section 502.253 - Application Review; Eligibility Examination
(a) The board shall investigate each application and any other information submitted by the applicant. (b) Not later than the 90th day after the date...
- Texas Section 502.254 - License Examination
(a) Each applicant for a license under this chapter must pass an examination described by Section 502.252(b)(3). (b) An applicant for a license as a...
- Texas Section 502.2541 - Jurisprudence Examination
(a) The board shall develop and administer at least twice each calendar year a jurisprudence examination to determine an applicant's knowledge of this chapter, board...
- Texas Section 502.2545 - Waiver Of Examination For Certain Applicants
(a) The board may waive the requirement that an applicant for a license as a licensed marriage and family therapist pass the examination required by...
- Texas Section 502.255 - Examination Results
(a) The board shall notify each examinee of the results of the examination not later than the 30th day after the date the examination is...
- Texas Section 502.256 - Reexamination
(a) If an applicant fails an examination, the applicant may retake the examination by: (1) paying an additional examination fee; and (2) retaking the examination...
- Texas Section 502.257 - Issuance Of License
The board shall issue a license as a licensed marriage and family therapist associate or licensed marriage and family therapist, as appropriate, to an applicant...
- Texas Section 502.258 - Temporary License
(a) The board by rule may provide for the issuance of a temporary license. (b) Rules adopted under this section must include a time limit...
- Texas Section 502.259 - Provisional License
(a) The board may grant a provisional license to practice as a marriage and family therapist in this state without examination to an applicant who...
- Texas Section 502.260 - Inactive Status
(a) The board may place a license holder's license under this chapter on inactive status if the holder is not actively engaged in the practice...
SUBCHAPTER G LICENSE RENEWAL
- Texas Section 502.261 - Duties Of License Holder
(a) A license holder shall display the license holder's license in a conspicuous manner in the person's principal place of practice. (b) Each license holder...
- Texas Section 502.301 - Renewal Of License
(a) A license issued under this chapter is subject to biennial renewal. The board shall adopt a system under which licenses expire on various dates...
- Texas Section 502.302 - Renewal Of Expired License By Out-of-state Practitioner
(a) The board may renew without reexamination an expired license of a person who was licensed in this state, moved to another state, and is...
SUBCHAPTER H DISCIPLINARY ACTIONS AND PROCEDURES
- Texas Section 502.303 - Continuing Education
(a) The board shall establish a mandatory continuing education program for license holders. (b) The board by rule shall establish: (1) the minimum number of...
- Texas Section 502.351 - Grounds For Disciplinary Actions
The board shall reprimand a license holder, place on probation a person whose license has been suspended, refuse to renew a person's license, or suspend...
- Texas Section 502.352 - Probation
If a license suspension is probated, the board may require the license holder to: (1) report regularly to the board on matters that are the...
- Texas Section 502.353 - Informal Proceedings
(a) The board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) an informal...
- Texas Section 502.354 - Hearing
A license holder is entitled to a hearing before the State Office of Administrative Hearings before a sanction is imposed under this subchapter. Acts 1999,...
- Texas Section 502.355 - Sanctions
(a) The board by rule shall adopt a broad schedule of sanctions for violations under this chapter. (b) The State Office of Administrative Hearings shall...
- Texas Section 502.356 - Emergency Suspension
(a) The board or a three-member committee of board members designated by the board shall temporarily suspend the license of a license holder if the...
- Texas Section 502.357 - Grounds For Refusing Renewal
The board may refuse to renew the license of a person who fails to pay an administrative penalty imposed under Subchapter I unless enforcement of...
SUBCHAPTER I ADMINISTRATIVE PENALTY
- Texas Section 502.358 - Refund
(a) Subject to Subsection (b), the board may order a license holder to pay a refund to a consumer as provided in an agreement resulting...
- Texas Section 502.401 - Imposition Of Penalty
The board may impose an administrative penalty on a person licensed or regulated under this chapter who violates this chapter or a rule or order...
- Texas Section 502.402 - Amount Of Penalty
(a) The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation...
- Texas Section 502.403 - Notice Of Violation And Penalty
If the department determines that a violation has occurred, the department shall give written notice of the violation to the person on whom the penalty...
- Texas Section 502.404 - Penalty To Be Paid Or Hearing Requested
(a) Not later than the 20th day after the date the person receives the notice under Section 502.403, the person, in writing, may: (1) accept...
- Texas Section 502.405 - Hearing
(a) If the person requests a hearing or fails to respond in a timely manner to the notice, the department shall set a hearing and...
- Texas Section 502.406 - Decision By Board
(a) Based on the findings of fact, conclusions of law, and proposal for decision, the board by order may determine that: (1) a violation occurred...
- Texas Section 502.407 - Options Following Decision: Pay Or Appeal
(a) Not later than the 30th day after the date the board's order becomes final, the person shall: (1) pay the penalty; (2) pay the...
- Texas Section 502.408 - Collection Of Penalty
If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the department may refer the matter to...
- Texas Section 502.409 - Determination By Court
(a) If a court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order...
- Texas Section 502.410 - Remittance Of Penalty And Interest
(a) If, after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final: (1)...
SUBCHAPTER J OTHER PENALTIES AND ENFORCEMENT PROVISIONS
- Texas Section 502.411 - Administrative Procedure
A proceeding under this subchapter is subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
- Texas Section 502.451 - Injunction
(a) In addition to any other action authorized by law, the board or department may institute an action to enjoin a violation of this chapter....
- Texas Section 502.452 - Monitoring Of License Holder
The board by rule shall develop a system to ensure that a license holder complies with this chapter. Rules adopted under this section must include...
- Texas Section 502.453 - Civil Penalty
(a) A person who violates this chapter or a rule or order adopted by the board under this chapter is liable for a civil penalty...
- Texas Section 502.454 - Criminal Penalty
(a) A person required to hold a license under this chapter commits an offense if the person knowingly acts as a marriage and family therapist...
- Texas Section 502.455 - Cease And Desist Order
(a) If it appears to the board that a person who is not licensed under this chapter is violating this chapter, a rule adopted under...