81R8894 JAM-F
By: Madden H.B. No. 2288
A BILL TO BE ENTITLED
AN ACT
relating to license requirements for certain government employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 501.004, Occupations Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Subsection (a-1), this [This]
chapter does not apply to:
(1) the activity or service of a person, or the use of
an official title by the person, who is employed as a psychologist
or psychological associate by a governmental agency or regionally
accredited institution of higher education if the person performs
duties the person is employed by the agency or institution to
perform within the confines of the agency or institution;
(2) the activity or service of a student, intern, or
resident in psychology if:
(A) the person is pursuing a course of study to
prepare for the profession of psychology under qualified
supervision in a recognized training institution or facility;
(B) the activity or service is part of the
person's supervised course of study; and
(C) the person is designated as a "psychological
intern," as a "psychological trainee," or by another title that
clearly indicates the person's training status;
(3) the activity or service of a licensed
professional, other than a person licensed under this chapter, if:
(A) the activity or service is permitted under
the person's license; and
(B) the person does not represent that the person
is a psychologist or describe the service provided by using the term
"psychological";
(4) the activity or service of a recognized member of
the clergy who is acting within the person's ministerial
capabilities if the person does not:
(A) represent that the person is a psychologist;
or
(B) describe the service provided by using the
term "psychological"; or
(5) the voluntary activity or service of a person
employed by or working on behalf of a charitable nonprofit
organization if the person does not:
(A) represent that the person is a psychologist;
or
(B) describe the service provided by using the
term "psychological."
(a-1) This chapter applies to a person who is employed as a
psychologist or psychological associate by a governmental agency if
the person serves one or more persons in the criminal or juvenile
justice system.
SECTION 2. Section 503.051, Occupations Code, is amended to
read as follows:
Sec. 503.051. COUNSELING FOR GOVERNMENT OR EDUCATIONAL
INSTITUTION. (a) Except as provided by Subsection (b), this
[This] chapter does not apply to an activity, service, or use of an
official title by a person employed as a counselor by a federal,
state, county, or municipal agency or public or private educational
institution if the person is performing counseling or
counseling-related activities within the scope of the person's
employment.
(b) This chapter applies to a person who is employed as a
counselor by a governmental agency if the counseling-related
activities within the scope of the person's employment include
providing services to one or more persons in the criminal or
juvenile justice system.
SECTION 3. Section 505.003, Occupations Code, is amended to
read as follows:
Sec. 505.003. APPLICATIONS AND EXEMPTIONS. (a) Except as
provided by Subsection (c), this [This] chapter does not apply to:
(1) an activity conducted or a service performed by a
person who is licensed, certified, or registered in a profession
other than social work, including a physician, attorney, registered
nurse, licensed vocational nurse, psychologist, occupational
therapist, licensed marriage and family therapist, licensed
chemical dependency counselor, or licensed professional counselor,
if:
(A) the activity or service is conducted or
performed within the scope of the person's license, certificate, or
registration;
(B) the person does not use a title listed in
Section 505.351; and
(C) the person does not:
(i) represent the service as social work;
(ii) represent that the person is a social
worker; or
(iii) use a title that implies that the
person is licensed in social work;
(2) a service performed by a person as a volunteer or
staff member if the person does not:
(A) represent the service as social work;
(B) represent the person as a social worker; or
(C) use a title that implies that the person is
licensed in social work;
(3) an activity conducted by a social work student,
intern, or trainee in connection with an institution of higher
education accredited by the Council on Social Work Education; or
(4) an activity conducted or a service performed by a
pastoral care counselor who is acting within the person's
ministerial capabilities and who does not use a title that implies
that the counselor is licensed in social work, including:
(A) a Christian Science practitioner who is
recognized by the Church of Christ Scientist as registered and
published in the Christian Science Journal; and
(B) any other recognized religious practitioner.
(b) Except as provided by Subsection (c), this [This]
chapter does not require a public agency or private employer,
including a nonprofit corporation, to employ a person licensed
under this chapter.
(c) This chapter:
(1) applies to a service performed by a person as a
volunteer or staff member if the person performs the service for one
or more persons in the criminal or juvenile justice system; and
(2) requires a public agency to employ a person
licensed under this chapter if the agency provides services for
which a license is required under this section to one or more
persons in the criminal or juvenile justice system.
SECTION 4. This Act takes effect September 1, 2009.