By: Zerwas (Senate Sponsor - Schwertner) H.B. No. 807
(In the Senate - Received from the House April 15, 2013;
April 17, 2013, read first time and referred to Committee on Health
and Human Services; May 15, 2013, reported favorably by the
following vote: Yeas 8, Nays 0; May 15, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the practice of psychology; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 593.004 and 593.005, Health and Safety
Code, are amended to read as follows:
Sec. 593.004. APPLICATION FOR DETERMINATION OF MENTAL
RETARDATION. (a) In this section, "authorized provider" means:
(1) a physician licensed to practice in this state;
(2) a psychologist licensed to practice in this state;
(3) a professional licensed to practice in this state
and certified by the department; or
(4) a provider certified by the department before
September 1, 2013.
(b) A person believed to be a person with mental
retardation, the parent if the person is a minor, or the guardian of
the person may make written application to an authorized provider
[the department, a community center, a physician, or a psychologist
licensed to practice in this state or certified by the department]
for a determination of mental retardation using forms provided by
the department.
Sec. 593.005. DETERMINATION OF MENTAL RETARDATION. (a) In
this section, "authorized provider" has the meaning assigned by
Section 593.004.
(a-1) An authorized provider [A physician or psychologist
licensed to practice in this state or certified by the department]
shall perform the determination of mental retardation. The
department may charge a reasonable fee for certifying an authorized
provider [a psychologist].
(b) The authorized provider [physician or psychologist]
shall base the determination on an interview with the person and on
a professional assessment that, at a minimum, includes:
(1) a measure of the person's intellectual
functioning;
(2) a determination of the person's adaptive behavior
level; and
(3) evidence of origination during the person's
developmental period.
(c) The authorized provider [physician or psychologist] may
use a previous assessment, social history, or relevant record from
a school district, a public or private agency, or a [another]
physician or psychologist if the authorized provider [physician or
psychologist] determines that the assessment, social history, or
record is valid.
(d) If the person is indigent, the determination of mental
retardation shall be performed at the department's expense by an
authorized provider [a physician or psychologist licensed in this
state or certified by the department].
SECTION 2. 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 3. Section 501.153(c), Occupations Code, is amended
to read as follows:
(c) A psychologist is exempt from this section if the
psychological services provided and the psychologist's use of an
official title are within the scope of the psychologist's
employment as described by Section 501.004(a)(1) or (6).
SECTION 4. 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.
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