1. What is the decision or change (e.g. clinical topic, practice guideline, system design, delivery of care) you are facing or struggling with where a summary of the evidence would be helpful?

Empirical data reflecting the efficacy (public benefit vs. administrative burden) of regulatory schemes and standards in the marriage and family therapy, professional counseling, psychology, and social work professions would be invaluable to regulatory agencies tasked with conducting anti-competitive analysis under federal and state law following the U.S. Supreme Court’s decision in N.C. State Bd. of Dental Exam'rs v. FTC, 574 U.S. 494, 135 S. Ct. 1101 (2015).

Without such direct data, regulatory agencies are forced to aggregate data from loosely related sources and sometimes anecdotal observation, with the goal of using this data to then analyze the effect of regulations on market competition.

This analysis is a critical function provided by my agency in its regulatory role and represents a significant factor in helping address the nation-wide mental health workforce shortage.

2. Why are you struggling with this issue?

I am unaware of any similar or reliable research having been conducted previously, and frankly, the scope and complexity of such research exceeds the capabilities of most regulatory agencies, mine included.

3. What do you want to see changed? How will you know that your issue is improving or has been addressed?

I would like to have available to my agency empirical research that can be used to determine whether an existing or proposed regulation serves as an effective gate-keeping tool in licensure determinations, versus standards which seemingly serve no purpose, or at worst, serve as an unjustifiable barrier to otherwise qualified prospective providers.

Without this type of empirical research, the status quo will likely remain and any antiquated or arcane licensing and regulatory standards or processes established prior to our modern data-driven approach, will continue operating to reinforce the nation-wide mental health workforce shortage.

4. When do you need the evidence report?

Fri, 12/31/2027

5. What will you do with the evidence report?

This empirical evidence will be used to assist my agency with its role in reviewing proposed regulations for anti-competitive impacts, administrative consistency, and good governance concerns.

This evidence will also be used to assist my agency with analyzing each of the following factors when reviewing any proposed regulation:

• Whether absence of the proposed rule poses a significant risk of harm or danger to the public health, safety, or welfare of the residents of the state that is easily recognizable and not remote or dependent on tenuous argument;
• Whether the proposed rule seeks to regulate activities or services requiring specialized skill or training and whether the public clearly needs and will benefit from the proposed rule;
• Whether the proposed rule would have the effect of directly or indirectly increasing the cost of mental health services and, if so, whether the increase would be more harmful to the public than the harm that might result from the absence of the proposed rule;
• Whether the proposed rule would significantly reduce market participation or competition in the state and, if so, whether the reduction would be more harmful to the public than the harm that might result from the absence of the proposed rule; and
• Whether the residents of the state are or may be effectively protected by other means.

See 22 Texas Administrative Code Section 881.20 for a more detailed description of my agency's rulemaking function(s) which this evidence would assist in.

Supporting Documentation

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Research into Most Effective Regulatory Licensing Schemes and Standards (PDF, 291 KB)

Optional Information About You

What is your role or perspective? State Agency Head

If you are you making a suggestion on behalf of an organization, please state the name of the organization Texas Behavioral Health Executive Council

May we contact you if we have questions about your nomination? Yes