| 1 | 1 | | 82R9956 JAM-D |
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| 2 | 2 | | By: Perry H.B. No. 2591 |
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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 exemptions to the licensing and regulation of chemical |
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| 8 | 8 | | dependency counselors. |
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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. Section 504.002(b), Occupations Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (b) This chapter does not apply to an activity or service of |
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| 13 | 13 | | a person who: |
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| 14 | 14 | | (1) is employed as a counselor by a federal |
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| 15 | 15 | | institution and is providing chemical dependency counseling within |
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| 16 | 16 | | the scope of the person's employment; |
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| 17 | 17 | | (2) except as provided by Section 504.1515, is a |
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| 18 | 18 | | student, intern, or trainee pursuing a supervised course of study |
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| 19 | 19 | | in counseling at a regionally accredited institution of higher |
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| 20 | 20 | | education or training institution, if the person: |
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| 21 | 21 | | (A) is designated as a "counselor intern"; and |
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| 22 | 22 | | (B) is engaging in the activity or providing the |
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| 23 | 23 | | service as part of the course of study; |
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| 24 | 24 | | (3) is not a resident of this state, if the person: |
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| 25 | 25 | | (A) engages in the activity or provides the |
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| 26 | 26 | | service in this state for not more than 30 days during any year; and |
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| 27 | 27 | | (B) is authorized to engage in the activity or |
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| 28 | 28 | | provide the service under the law of the state of the person's |
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| 29 | 29 | | residence; |
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| 30 | 30 | | (4) is a licensed physician, psychologist, |
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| 31 | 31 | | professional counselor, or social worker; |
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| 32 | 32 | | (5) is a religious leader of a congregation providing |
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| 33 | 33 | | pastoral chemical dependency counseling within the scope of the |
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| 34 | 34 | | person's duties; |
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| 35 | 35 | | (6) is working for or providing counseling with a |
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| 36 | 36 | | program exempt under Subchapter C, Chapter 464, Health and Safety |
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| 37 | 37 | | Code; [or] |
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| 38 | 38 | | (7) is a school counselor certified by the State Board |
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| 39 | 39 | | for Educator Certification; or |
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| 40 | 40 | | (8) is credentialed as a Certified Criminal Justice |
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| 41 | 41 | | Addictions Professional by the International Certification and |
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| 42 | 42 | | Reciprocity Consortium and who provides chemical dependency |
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| 43 | 43 | | counseling through a program or in a facility that receives funding |
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| 44 | 44 | | from the Texas Department of Criminal Justice. |
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| 45 | 45 | | SECTION 2. This Act takes effect September 1, 2011. |
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