Texas 2013 - 83rd Regular

Texas House Bill HB807 Compare Versions

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1	1	By: Zerwas (Senate Sponsor - Schwertner) H.B. No. 807
2	2	(In the Senate - Received from the House April 15, 2013;
3	3	April 17, 2013, read first time and referred to Committee on Health
4	4	and Human Services; May 15, 2013, reported favorably by the
5	5	following vote: Yeas 8, Nays 0; May 15, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the practice of psychology; authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 593.004 and 593.005, Health and Safety
13	13	Code, are amended to read as follows:
14	14	Sec. 593.004. APPLICATION FOR DETERMINATION OF MENTAL
15	15	RETARDATION. (a) In this section, "authorized provider" means:
16	16	(1) a physician licensed to practice in this state;
17	17	(2) a psychologist licensed to practice in this state;
18	18	(3) a professional licensed to practice in this state
19	19	and certified by the department; or
20	20	(4) a provider certified by the department before
21	21	September 1, 2013.
22	22	(b) A person believed to be a person with mental
23	23	retardation, the parent if the person is a minor, or the guardian of
24	24	the person may make written application to an authorized provider
25	25	[the department, a community center, a physician, or a psychologist
26	26	licensed to practice in this state or certified by the department]
27	27	for a determination of mental retardation using forms provided by
28	28	the department.
29	29	Sec. 593.005. DETERMINATION OF MENTAL RETARDATION. (a) In
30	30	this section, "authorized provider" has the meaning assigned by
31	31	Section 593.004.
32	32	(a-1) An authorized provider [A physician or psychologist
33	33	licensed to practice in this state or certified by the department]
34	34	shall perform the determination of mental retardation. The
35	35	department may charge a reasonable fee for certifying an authorized
36	36	provider [a psychologist].
37	37	(b) The authorized provider [physician or psychologist]
38	38	shall base the determination on an interview with the person and on
39	39	a professional assessment that, at a minimum, includes:
40	40	(1) a measure of the person's intellectual
41	41	functioning;
42	42	(2) a determination of the person's adaptive behavior
43	43	level; and
44	44	(3) evidence of origination during the person's
45	45	developmental period.
46	46	(c) The authorized provider [physician or psychologist] may
47	47	use a previous assessment, social history, or relevant record from
48	48	a school district, a public or private agency, or a [another]
49	49	physician or psychologist if the authorized provider [physician or
50	50	psychologist] determines that the assessment, social history, or
51	51	record is valid.
52	52	(d) If the person is indigent, the determination of mental
53	53	retardation shall be performed at the department's expense by an
54	54	authorized provider [a physician or psychologist licensed in this
55	55	state or certified by the department].
56	56	SECTION 2. Section 501.004(a), Occupations Code, is amended
57	57	to read as follows:
58	58	(a) This chapter does not apply to:
59	59	(1) the activity or service of a person, or the use of
60	60	an official title by the person, who is employed as a psychologist
61	61	or psychological associate by a [governmental agency or] regionally
62	62	accredited institution of higher education if the person performs
63	63	duties the person is employed by the [agency or] institution to
64	64	perform within the confines of the [agency or] institution;
65	65	(2) the activity or service of a student, intern, or
66	66	resident in psychology if:
67	67	(A) the person is pursuing a course of study to
68	68	prepare for the profession of psychology under qualified
69	69	supervision in a recognized training institution or facility;
70	70	(B) the activity or service is part of the
71	71	person's supervised course of study; and
72	72	(C) the person is designated as a "psychological
73	73	intern," as a "psychological trainee," or by another title that
74	74	clearly indicates the person's training status;
75	75	(3) the activity or service of a licensed
76	76	professional, other than a person licensed under this chapter, if:
77	77	(A) the activity or service is permitted under
78	78	the person's license; and
79	79	(B) the person does not represent that the person
80	80	is a psychologist or describe the service provided by using the term
81	81	"psychological";
82	82	(4) the activity or service of a recognized member of
83	83	the clergy who is acting within the person's ministerial
84	84	capabilities if the person does not:
85	85	(A) represent that the person is a psychologist;
86	86	or
87	87	(B) describe the service provided by using the
88	88	term "psychological"; [or]
89	89	(5) the voluntary activity or service of a person
90	90	employed by or working on behalf of a charitable nonprofit
91	91	organization if the person does not:
92	92	(A) represent that the person is a psychologist;
93	93	or
94	94	(B) describe the service provided by using the
95	95	term "psychological"; or
96	96	(6) the activity or service of a person who is employed
97	97	by a governmental agency if the person:
98	98	(A) performs duties the person is employed by the
99	99	agency to perform within the confines of the agency; and
100	100	(B) does not represent that the person is a
101	101	psychologist.["]
102	102	SECTION 3. Section 501.153(c), Occupations Code, is amended
103	103	to read as follows:
104	104	(c) A psychologist is exempt from this section if the
105	105	psychological services provided and the psychologist's use of an
106	106	official title are within the scope of the psychologist's
107	107	employment as described by Section 501.004(a)(1) or (6).
108	108	SECTION 4. This Act takes effect immediately if it receives
109	109	a vote of two-thirds of all the members elected to each house, as
110	110	provided by Section 39, Article III, Texas Constitution. If this
111	111	Act does not receive the vote necessary for immediate effect, this
112	112	Act takes effect September 1, 2013.
113	113	* * * * *