82R7419 SLB-F
By: Naishtat H.B. No. 3145
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of chemical dependency counselors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 467.004(a), Health and Safety Code, is
amended to read as follows:
(a) Except as provided by Section 467.0041(b) of this code
and Section 504.058, Occupations Code, a licensing or disciplinary
authority may add a surcharge of not more than $10 to its license or
license renewal fee to fund an approved peer assistance program.
The authority must adopt the surcharge in accordance with the
procedure that the authority uses to initiate and adopt an increase
in its license or license renewal fee.
SECTION 2. Subchapter B, Chapter 504, Occupations Code, is
amended by adding Section 504.058 to read as follows:
Sec. 504.058. FUNDING FOR CHEMICAL DEPENDENCY COUNSELOR
PROGRAMS. (a) The executive commissioner shall add a surcharge of
not more than $10 to the license or license renewal fee for a
license under this chapter to fund approved peer assistance
programs for chemical dependency counselors.
(b) The department may collect a fee of not more than $50
each month from a participant in an approved peer assistance
program. Fees collected under this subsection shall be remitted to
the comptroller for deposit to the credit of the chemical
dependency counselor account. The chemical dependency counselor
account is an account in the general revenue fund.
(c) Subject to the General Appropriations Act, the
department may use the fees and surcharges collected under this
section and deposited in the chemical dependency counselor account
only to fund approved peer assistance programs and to pay the
administrative costs incurred by the department that are related to
the programs.
SECTION 3. 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 written
assurance that the applicant 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.
SECTION 4. 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 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 5. (a) The Department of State Health Services
shall adopt rules to implement the changes in law made by this Act
not later than December 1, 2011.
(b) Section 504.058, Occupations Code, as added by this Act,
and Sections 504.152 and 504.1525, Occupations Code, as amended by
this Act, apply only to an application for an original or renewal
license, registration, or certification submitted to the
Department of State Health Services on or after December 1, 2011. An
application submitted before December 1, 2011, is governed by the
law in effect on the date the application was submitted, and the
former law is continued in effect for that purpose.
SECTION 6. 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, 2011.