| 1 | 1 | | 81R10688 YDB-F |
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| 2 | 2 | | By: Laubenberg H.B. No. 2023 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of a psychologist to delegate certain |
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| 8 | 8 | | acts to a person under the psychologist's supervision. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 501, Occupations Code, is amended by |
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| 11 | 11 | | adding Subchapter H to read as follows: |
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| 12 | 12 | | SUBCHAPTER H. PRACTICE BY PSYCHOLOGIST |
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| 13 | 13 | | Sec. 501.351. GENERAL AUTHORITY TO DELEGATE. (a) A |
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| 14 | 14 | | psychologist licensed under this chapter may delegate to a |
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| 15 | 15 | | qualified and properly trained person acting under the |
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| 16 | 16 | | psychologist's supervision, including a provisionally licensed |
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| 17 | 17 | | psychologist, a newly licensed psychologist who is not eligible for |
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| 18 | 18 | | managed care panels, and any other licensed or credentialed service |
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| 19 | 19 | | provider, any psychological test or service that a reasonable and |
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| 20 | 20 | | prudent psychologist could delegate within the scope of sound |
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| 21 | 21 | | psychological judgment if the psychologist determines that: |
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| 22 | 22 | | (1) the test or service can be properly and safely |
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| 23 | 23 | | performed by the person; |
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| 24 | 24 | | (2) the person does not represent to the public that |
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| 25 | 25 | | the person is authorized to practice psychology; and |
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| 26 | 26 | | (3) the test or service will be performed in the |
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| 27 | 27 | | customary manner and in compliance with any other law. |
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| 28 | 28 | | (b) The delegating psychologist remains responsible for the |
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| 29 | 29 | | psychological test or service performed by the person to whom the |
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| 30 | 30 | | test or service is delegated, and the test or service is considered |
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| 31 | 31 | | to be delivered by the delegating psychologist for billing |
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| 32 | 32 | | purposes, including bills submitted to third party payors. The |
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| 33 | 33 | | person must inform each patient on whom the test or service is |
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| 34 | 34 | | performed that the person is being supervised by a licensed |
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| 35 | 35 | | psychologist. |
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| 36 | 36 | | (c) The board may determine whether: |
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| 37 | 37 | | (1) a psychological test or service may be properly |
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| 38 | 38 | | and safely delegated under this section; and |
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| 39 | 39 | | (2) a delegated act constitutes the practice of |
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| 40 | 40 | | psychology under this chapter. |
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| 41 | 41 | | (d) A person who is a licensed psychologist and to whom |
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| 42 | 42 | | another psychologist delegates a psychological test or service |
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| 43 | 43 | | under this section may represent that the person is engaged in the |
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| 44 | 44 | | practice of psychology. |
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| 45 | 45 | | Sec. 501.352. PERFORMANCE OF DELEGATED ACT DOES NOT |
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| 46 | 46 | | CONSTITUTE PRACTICE OF PSYCHOLOGY. A person to whom a psychologist |
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| 47 | 47 | | delegates a psychological test or service under Section 501.351(a) |
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| 48 | 48 | | is not considered to be engaged in the practice of psychology |
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| 49 | 49 | | without a license unless the person acts with the knowledge that the |
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| 50 | 50 | | delegation and the action taken under the delegation violates this |
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| 51 | 51 | | subtitle. |
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| 52 | 52 | | Sec. 501.353. BOARD RULES REGARDING DELEGATION. In |
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| 53 | 53 | | adopting rules on delegation under this subchapter, the board shall |
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| 54 | 54 | | promote a psychologist's exercise of professional judgment to |
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| 55 | 55 | | decide which psychological tests and services may be safely |
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| 56 | 56 | | delegated. |
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| 57 | 57 | | SECTION 2. This Act takes effect September 1, 2009. |
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