82R1339 AJZ-F
By: Naishtat H.B. No. 3406
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a psychologist to delegate certain
acts to a person under the psychologist's supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 501, Occupations Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. PRACTICE BY PSYCHOLOGIST
Sec. 501.351. GENERAL AUTHORITY TO DELEGATE. (a) A
psychologist licensed under this chapter may delegate to a
qualified and properly trained person acting under the
psychologist's supervision, including a provisionally licensed
psychologist, a newly licensed psychologist who is not eligible for
managed care panels, and any other licensed or credentialed service
provider, any psychological test or service that a reasonable and
prudent psychologist could delegate within the scope of sound
psychological judgment if the psychologist determines that:
(1) the test or service can be properly and safely
performed by the person;
(2) the person does not represent to the public that
the person is authorized to practice psychology; and
(3) the test or service will be performed in the
customary manner and in compliance with any other law.
(b) The delegating psychologist remains responsible for the
psychological test or service performed by the person to whom the
test or service is delegated, and the test or service is considered
to be delivered by the delegating psychologist for billing
purposes, including bills submitted to third-party payors. The
person must inform each patient on whom the test or service is
performed that the person is being supervised by a licensed
psychologist.
(c) The board may determine whether:
(1) a psychological test or service may be properly
and safely delegated under this section; and
(2) a delegated act constitutes the practice of
psychology under this chapter.
(d) A person who is a licensed psychologist and to whom
another psychologist delegates a psychological test or service
under this section may represent that the person is engaged in the
practice of psychology.
Sec. 501.352. DELEGATION TO GRADUATE STUDENT, INTERN, OR
RESIDENT IN PSYCHOLOGY. A psychologist may delegate a psychological
test or service to a person who is a graduate student, intern, or
resident in psychology only if:
(1) the person is pursuing a course of study to prepare
the person for the profession of psychology under qualified
supervision in a recognized training institution or facility;
(2) the test or service is part of the person's
supervised course of study; and
(3) the person is designated as a "psychological
intern" or "psychological trainee" or by another title that clearly
indicates the person's training status.
Sec. 501.353. PERFORMANCE OF DELEGATED ACT DOES NOT
CONSTITUTE PRACTICE OF PSYCHOLOGY. A person to whom a psychologist
delegates a psychological test or service under Section 501.351(a)
is not considered to be engaged in the practice of psychology
without a license unless the person acts with the knowledge that the
delegation and the action taken under the delegation violates this
subtitle.
Sec. 501.354. BOARD RULES REGARDING DELEGATION. In
adopting rules on delegation under this subchapter, the board shall
promote a psychologist's exercise of professional judgment to
decide which psychological tests and services may be safely
delegated.
SECTION 2. This Act takes effect September 1, 2011.