By: Naishtat, Perry (Senate Sponsor - Zaffirini) H.B. No. 3145
(In the Senate - Received from the House May 6, 2011;
May 9, 2011, read first time and referred to Committee on Health
and Human Services; May 18, 2011, reported favorably by the
following vote: Yeas 9, Nays 0; May 18, 2011, sent to printer.)
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. Section 504.002(b), Occupations Code, is amended
to read as follows:
(b) This chapter does not apply to an activity or service of
a person who:
(1) is employed as a counselor by a federal
institution and is providing chemical dependency counseling within
the scope of the person's employment;
(2) except as provided by Section 504.1515, is a
student, intern, or trainee pursuing a supervised course of study
in counseling at a regionally accredited institution of higher
education or training institution, if the person:
(A) is designated as a "counselor intern"; and
(B) is engaging in the activity or providing the
service as part of the course of study;
(3) is not a resident of this state, if the person:
(A) engages in the activity or provides the
service in this state for not more than 30 days during any year; and
(B) is authorized to engage in the activity or
provide the service under the law of the state of the person's
residence;
(4) is a licensed physician, psychologist,
professional counselor, or social worker;
(5) is a religious leader of a congregation providing
pastoral chemical dependency counseling within the scope of the
person's duties;
(6) is working for or providing counseling with a
program exempt under Subchapter C, Chapter 464, Health and Safety
Code; [or]
(7) is a school counselor certified by the State Board
for Educator Certification; or
(8) provides chemical dependency counseling through a
program or in a facility that receives funding from the Texas
Department of Criminal Justice and who is credentialed as:
(A) a certified criminal justice addictions
professional by the International Certification and Reciprocity
Consortium; or
(B) having certified criminal justice
professional applicant status issued by the Texas Certification
Board of Addiction Professionals.
SECTION 3. 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. Money collected from
the surcharge 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.
(b) Subject to the General Appropriations Act, the
department may use the money from the surcharge 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 4. 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 5. 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 6. (a) The executive commissioner of the Health and
Human Services Commission 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 7. 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.
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