82R25350 JAM-F
By: Naishtat H.B. No. 3406
Substitute the following for H.B. No. 3406:
By: Coleman C.S.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
provisionally licensed psychologist, a newly licensed psychologist
who is not eligible for managed care panels, a person who holds a
temporary license issued under Section 501.263, and a person who
satisfies Section 501.255(a) and is in the process of acquiring the
supervised experience required by Section 501.252(b)(2), 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. 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 independent practice of
psychology without a license issued under this chapter unless the
person acts with the knowledge that the delegation and the action
taken under the delegation violate this subtitle.
SECTION 2. This Act takes effect September 1, 2011.