BHEC Votes to Restore Anti-Discrimination Language in 

Social Worker Code of Conduct 

While the meeting continues, the Texas Behavioral Health Executive Council (BHEC) voted unanimously to restore the original rule language in connection with anti-discrimination provisions contained in the social worker code of conduct, which is welcome news! Also, the BHEC Board, which individually and collectively denounced any intention to discriminate, voted to seek an Attorney General’s opinion regarding the legal appropriateness of the code’s nondiscrimination protections in relation to the conformity with state and federal law.

TAMFT Statement on Recent Changes to Texas State Board of Social Work Examiners' Code of Conduct

TAMFT has taken note of the proposed changes approved by the Texas State Board of Social Work Examiners, in connection with certain anti-discriminatory provisions contained in their code of conduct. While we appreciate the gravity of this issue facing licensed social workers in Texas, we wanted to express our thoughts on the matter to help inform our members:

1. Our mission: TAMFT is a state association dedicated to the advancement and promotion of marriage and family therapy in Texas.
2. The Texas State Board of Social Worker Examiners does not have any governance over LMFTs or LMFT-Associates.
3. The Texas State Board of Examiners of Marriage and Family Therapists, our licensing board, at this time does not have language regarding the specific discrimination of groups and is therefore not directly affected by this particular rule change.
4. Texas MFTs have long adhered and continue to adhere to AAMFT’s code of conduct, as is taught and reiterated in our graduate coursework here in Texas, which states “Marriage and family therapists provide professional assistance to persons without discrimination on the basis of race, age, ethnicity, socioeconomic status, disability, gender, health status, religion, national origin, sexual orientation, gender identity or relationship status.”

With that said, TAMFT works very closely with the National Association of Social Workers, Texas Chapter, the Texas Society for Clinical Social Work, the Texas Counseling Association, the Texas Psychological Association, and others on a variety of state policy and regulatory issues designed to facilitate access to care, and protect the health and safety of the public. As part of the regulated community for over 29 years, TAMFT often shares its views through the public testimony process, which we believe helps inform our respective professional licensure boards on a range of substantive matters through constructive deliberation and input, as they seek to faithfully fulfill their appointed duties, by setting and enforcing appropriate qualifications and competency requirements, as well as establishing specific ethical and professional standards, which also includes the ability to modify, suspend, revoke or discipline licensees if needed. 

TSBEMFT OCTOBER 2020 UPDATE

On Wednesday, October 21, Governor Abbott's office officially announced the appointment of three new members to the Texas Board of Examiners of Marriage and Family Therapists, which licenses and regulates marriage and family therapists in Texas.

TAMFT is pleased to share that Jeanene Smith and Russ Bartee, both longtime TAMFT members, leaders, and advocates for MFTs in Texas, were appointed as professional members of the board. They have both worked tirelessly on behalf of TAMFT in the recent past, and they are well-acquainted with the issues facing LMFTs and the general public in Texas. Daniel Parrish was also appointed to the board as a public member. Furthermore, current board member, Lisa Merchant, also a TAMFT member, has been appointed chairperson of TSBEFMT. See the news announcement here.

TAMFT Legislative Update: Governor Abbott, HHSC Extend Flexibilities for Medicaid, CHIP Providers During COVID-19 Response

TSBEMFT Update: New BHEC Website

The Texas State Board of Examiners of Marriage and Family Therapists is an independent licensing board administratively attached to the Texas Health and Human Services Commission (HHSC). The Board, as an independent entity, maintains a management structure and decision-making authority separate from HHSC. This message is an official communication from the Texas State Board of Examiners of Marriage and Family Therapists that TAMFT wanted to share with its members:

Pursuant to House Bill 1501, 86th Legislature, Regular Session (2019), regulatory authority over Marriage and Family Therapists is transitioning from the Health and Human Services Commission (HHSC) to the Texas Behavioral Health Executive Council (BHEC) as of September 1, 2020. 

TSBEMFT Update: TSBEMFT Transfer to BHEC and Impact on August Renewals and Current and Future Applicants

TAMFT recently received the following update from TSBEMFT. Please take note of this important information.

The Texas State Board of Examiners of Marriage and Family Therapists is an independent licensing board administratively attached to the Texas Health and Human Services Commission (HHSC). The Board, as an independent entity, maintains a management structure and decision-making authority separate from HHSC. This message is an official communication from the Texas State Board of Examiners of Marriage and Family Therapists.

Legislative Update: TDI Extends Telemedicine Emergency Rule Into September

The Texas Department of Insurance (TDI) is extending a requirement that insurers cover telemedicine services, including mental health visits, at the same rate as in-person visits. An emergency rule in place since March helps doctors across Texas treat their patients and limit the spread of COVID-19.

“This extension will help protect patients and our state’s health-care professionals while maintaining access to care,” said Insurance Commissioner Kent Sullivan.

BHEC Releases Non-Discrimination Statement

The Texas Behavioral Health Executive Council recently released a non-discrimination statement, shared below:

Commitment to Non-discrimination and Reasonable Accommodations

We See You: A Letter From President Linda Metcalf

Dear TAMFT Members and Friends, 

The past week has presented our nation with tragic events that have caused many of us to take pause and consider how to help all of our communities. The TAMFT Board wanted to reach out to you with support—to write this letter, I asked every Board member to provide their thoughts so that together we could send our message to you and your community. I am grateful for their contributions and have crafted them into the rest of this letter. 

TAMFT Announces Attorney Partnership as a New Members-Only Benefit!

TAMFT is excited to announce a partnership with Texas-based attorney Kenda Dalrymple, of Dalrymple, Shellhorse, Ellis & Diamond, LLP, to provide TAMFT members with answers to frequently asked legal and ethical questions and the opportunity to consult with an attorney who understands Texas law and regulations when needed. 

Members can access our new members-only Legal &Ethical FAQs page starting May 1 by logging into the TAMFT site with your member information. Included on this new webpage is a form to submit requests for legal consultation. When seeking legal consultation, please first read the FAQs section, then submit your question via the form. If you are not an active TAMFT member and cannot view the FAQs page, you may join or renew your membership here.

HIPAA & TELETHERAPY UPDATES

HHS Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency

The Office for Civil Rights (OCR) at the Department of Health and Human Services (HHS) is responsible for enforcing certain regulations issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health (HITECH) Act, to protect the privacy and security of protected health information, namely the HIPAA Privacy, Security and Breach Notification Rules (the HIPAA Rules). 

During the COVID-19 national emergency, which also constitutes a nationwide public health emergency, covered health care providers subject to the HIPAA Rules may seek to communicate with patients, and provide telehealth services, through remote communications technologies. Some of these technologies, and the manner in which they are used by HIPAA covered health care providers, may not fully comply with the requirements of the HIPAA Rules. 

TSBEMFT REPORTS REDUCED STAFFING, SUSPENDS TELEPHONE ACCESS

TAMFT has received the following update from TSBEMFT to share with our members:

"Due to the response to the COVID-19 outbreak we are operating with significantly reduced staff. As a result we have been forced to suspend telephone access. This is being done so the remaining staff can devote their time strictly to processing license applications. Given the rapidly changing circumstances we cannot provide an estimate for the resumption of access to staff by telephone."

TSBEMFT can still be reached via email at the following addresses:

• Professional Counselors should use [email protected];
• Marriage and Family Therapists should use [email protected];
• Social Workers should use [email protected];
• Chemical Dependency Counselors should use [email protected];
• Sex Offender Treatment Providers should use [email protected].

Information is available on the TSBEMFT website at www.dshs.texas.gov/plc.

A Letter From TAMFT: Licensure Test Dates Rescheduled & Teletherapy Updates

Dear TAMFT members and Friends,

We received the following information today that I felt was important to send to you:

Emergency Rule for Telemedicine Announced by Governor Abbott

Governor Abbott announced on March 17 adoption of an emergency rule governing telemedicine and telehealth services provided by health professionals—specifically including mental health professionals—to reduce barriers to accessing services as a result of the coronavirus pandemic. Abbott directed the Texas Department of Insurance (TDI) to issue an emergency rule to help improve access to care, while mitigating the spread of COVID-19.

• TDI filed an emergency rule requiring insurers to pay the same amount for telemedicine and telehealth services, including specific coverage for mental health services, as they do for in-person services.
• The rule applies to in-network services for state-regulated health plans including Medicaid, Medicare, and TRS. In addition, health plans may not limit, deny, or reduce payments based on the platform used (i.e. Skype, FaceTime, and telephone) by the provider to deliver services, or require documentation beyond what is currently required for in-person visits. This applies specifically to HIPAA compliant platforms for telemedicine/technology assisted services. Essentially, at the federal level, Health and Human Services relaxed HIPAA standards to allow providers to use platforms that are not specifically HIPAA compliant (like FaceTime and Skype). In the HHS statement, they continued the prohibition on sites like TikTok and others that would explicitly break client confidentiality. The goal of the action is to provide access to care, whether it’s the provider or client/patient who needs to use a noncompliant platform in order for the care to take place. The emergency rule can remain in effect for up to 120 days.

The emergency rule does not expand coverage beyond what is currently included in an individual’s health care plan or cover services provided before March 17, 2020. The rule allowing health plans to deny payment for services delivered by audio-only telephone, text, or fax remains in effect.

TAMFT and TSBEMFT Ask Governor Abbott for Help With Coronavirus

The Texas State Board of Examiners of Marriage and Family Therapists requires MFTs to have 15 hours of training to perform teletherapy. TSBEMFT has informed TAMFT that it has petitioned the Governor's Office for a suspension of the rules related to training requirements and waits for Governor Abbott's approval.

TAMFT has also been working diligently with our Mental Health partners and delivered a letter to the Governor's office requesting help during this stressful time. Further updates will be shared with members via email and on our Latest News page.

TAKING CARE OF FAMILIES DURING THE CORONAVIRUS: A LETTER FROM TAMFT'S PRESIDENT

Dear Texas Marriage and Family Therapists,

On behalf of your TAMFT Board of Directors, we encourage you to keep yourself safe and mindful of others as we navigate through the coronavirus crisis. You are each very important to the couples and families of Texas. Family stress from employment difficulties and financial worries, to health concerns, can exacerbate and systemically erupt a family system into chaos. 

The TAMFT Membership Committee is excited to share the full schedule of 2020 TAMFT Member Meet-Ups. All Meet-Ups will be held online and are free to TAMFT members. Member Meet-Ups provide 1 hour of CEU credit to TAMFT members. TAMFT will share sign up details and other information with members prior to each event. All Meet-Ups take place from 1 p.m.-2 p.m. CST. Mark your calendars for the following dates!

• January 24, 2020: Websites 101 (Brighter Vision Webinar)
• February 21, 2020: Client Confidentiality and Avoiding Risks
• March 20, 2020: Path to Licensure Q&A
• April 24, 2020: Getting Involved Locally
• May 22, 2020: Brighter Vision Webinar
• June 19, 2020: Getting an Internship Q&A
• July 24, 2020: Ethical Dilemmas
• August 21, 2020: Brighter Vision Webinar
• September 18, 2020: Insurance 101
• October 23, 2020: Finding the Right MFT Model for You
• November 20, 2020: Brighter Vision Webinar
• December 11, 2020: Documentation 101

Interested in sharing your expertise or participating as a panelist at one of these Meet-Ups? Please contact Lacy Compton for more information.

Member Benefit News: TAMFT Now Partnered With Northcentral University!

In TAMFT’s mission of advancement and promotion of marriage and family therapy in Texas, we look to partner with organizations who share this same goal. We are excited to share our newest partnership with Northcentral University. 

 TAMFT and Northcentral University have formed a partnership to offer TAMFT members a 15% tuition discount across all programs including PhD-MFT, DMFT and PhD-Psy. Northcentral University currently has the first and only distance-based PhD-MFT program that is COAMFTE accredited. You can learn more about the discount and the Northcentral University programs here.