83R2826 NAJ-F
By: Zerwas H.B. No. 807
A BILL TO BE ENTITLED
AN ACT
relating to the practice of psychology by persons employed by a
governmental agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 501.004(a), Occupations Code, is amended
to read as follows:
(a) This chapter does not apply to:
(1) the activity or service of a person, or the use of
an official title by the person, who is employed as a psychologist
or psychological associate by a [governmental agency or] regionally
accredited institution of higher education if the person performs
duties the person is employed by the [agency or] institution to
perform within the confines of the [agency or] institution;
(2) the activity or service of a student, intern, or
resident in psychology if:
(A) the person is pursuing a course of study to
prepare for the profession of psychology under qualified
supervision in a recognized training institution or facility;
(B) the activity or service is part of the
person's supervised course of study; and
(C) the person is designated as a "psychological
intern," as a "psychological trainee," or by another title that
clearly indicates the person's training status;
(3) the activity or service of a licensed
professional, other than a person licensed under this chapter, if:
(A) the activity or service is permitted under
the person's license; and
(B) the person does not represent that the person
is a psychologist or describe the service provided by using the term
"psychological";
(4) the activity or service of a recognized member of
the clergy who is acting within the person's ministerial
capabilities if the person does not:
(A) represent that the person is a psychologist;
or
(B) describe the service provided by using the
term "psychological"; [or]
(5) the voluntary activity or service of a person
employed by or working on behalf of a charitable nonprofit
organization if the person does not:
(A) represent that the person is a psychologist;
or
(B) describe the service provided by using the
term "psychological"; or
(6) the activity or service of a person who is employed
by a governmental agency if the person:
(A) performs duties the person is employed by the
agency to perform within the confines of the agency; and
(B) does not represent that the person is a
psychologist.["]
SECTION 2. 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, 2013.