81R16052 JAM-D
By: Madden H.B. No. 3225
Substitute the following for H.B. No. 3225:
By: Rose C.S.H.B. No. 3225
A BILL TO BE ENTITLED
AN ACT
relating to the license requirements for a chemical dependency
counselor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 504.152, Occupations Code, is amended to
read as follows:
Sec. 504.152. ELIGIBILITY REQUIREMENTS. (a) To be
eligible for a license under this chapter, a person must:
(1) be at least 18 years of age;
(2) hold an associate degree or a more advanced
degree;
(3) have completed:
(A) 135 hours, or nine semester hours, specific
to substance abuse disorders and treatment and an additional 135
hours, or nine semester hours, specific or related to chemical
dependency counseling;
(B) 4,000 hours of approved supervised
experience working with chemically dependent persons; and
(C) 300 hours of approved supervised field work
practicum;
(4) provide two letters of reference from chemical
dependency counselors;
(5) pass a written examination approved by the
department;
(6) submit a case presentation to the test
administrator;
(7) [pass an oral examination approved by the
department;
[(8)] be determined by the department to be worthy of
the public trust and confidence;
(8) [(9)] successfully complete the chemical
dependency counselor examination under Section 504.156;
(9) [(10)] sign a written agreement to comply with the
standards of ethics approved by the department; and
(10) [(11)] provide to the department a certificate
verifying [written assurance] that the applicant is enrolled in or
a member of [has access to] a peer assistance program.
(b) The department may waive the requirement under
Subsection (a)(10) [(a)(11)] if the department determines that a
peer assistance program is not reasonably available to the license
holder.
(c) The department shall waive the requirement under
Subsection (a)(10) if the license holder is not actively engaged in
the practice of chemical dependency counseling.
SECTION 2. Sections 504.1525(a) and (b), Occupations Code,
are amended to read as follows:
(a) Except as provided by Subsection (b), the department may
not issue a license, registration, or certification under this
chapter to an applicant who has been:
(1) convicted or placed on community supervision
during the three [five] years preceding the date of application in
any jurisdiction for an offense equal to a Class B misdemeanor
specified by executive commissioner rule;
(2) convicted or placed on community supervision in
any jurisdiction for an offense equal to or greater than a Class A
misdemeanor specified by executive commissioner rule; or
(3) found to be incapacitated by a court on the basis
of a mental defect or disease.
(b) The department may issue a license, registration, or
certification under this chapter to a person convicted or placed on
community supervision in any jurisdiction for a drug or alcohol
offense described by Subsection (a)(1) or (2) if the department
determines that the applicant has successfully completed
participation in an approved peer assistance program.
SECTION 3. Except as provided by Section 4 of this Act, the
changes in law made by this Act to Sections 504.152 and 504.1525,
Occupations Code, apply only to an application for a license,
registration, or certification filed on or after the effective date
of this Act. An application for a license, registration, or
certification filed before the effective date of this Act is
governed by the law as it existed immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 4. An applicant for a license under Chapter 504,
Occupations Code, who, on or after June 1, 2008, passes a written
examination approved by the Department of State Health Services is
not required to pass the oral examination formerly required by
Section 504.152(a)(7), Occupations Code, before the amendment of
that provision by this Act, to be eligible for the license.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.