Texas 2013 - 83rd Regular

Texas House Bill HB808 Compare Versions

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1	1	By: Zerwas (Senate Sponsor - Deuell) H.B. No. 808
2	2	(In the Senate - Received from the House April 4, 2013;
3	3	April 8, 2013, read first time and referred to Committee on Health
4	4	and Human Services; May 9, 2013, reported favorably by the
5	5	following vote: Yeas 7, Nays 0; May 9, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the authority of a psychologist to delegate the
11	11	provision of certain care to a person under the psychologist's
12	12	supervision, including a person training to become a psychologist.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 501, Occupations Code, is amended by
15	15	adding Subchapter H to read as follows:
16	16	SUBCHAPTER H. PRACTICE BY PSYCHOLOGIST
17	17	Sec. 501.351. GENERAL AUTHORITY TO DELEGATE. (a) A
18	18	psychologist licensed under this chapter may delegate to a
19	19	provisionally licensed psychologist, a newly licensed psychologist
20	20	who is not eligible for managed care panels, a person who holds a
21	21	temporary license issued under Section 501.263, and a person who
22	22	satisfies Section 501.255(a) and is in the process of acquiring the
23	23	supervised experience required by Section 501.252(b)(2) any
24	24	psychological test or service that a reasonable and prudent
25	25	psychologist could delegate within the scope of sound psychological
26	26	judgment if the psychologist determines that:
27	27	(1) the test or service can be properly and safely
28	28	performed by the person;
29	29	(2) the person does not represent to the public that
30	30	the person is authorized to practice psychology; and
31	31	(3) the test or service will be performed in the
32	32	customary manner and in compliance with any other law.
33	33	(b) The delegating psychologist remains responsible for the
34	34	psychological test or service performed by the person to whom the
35	35	test or service is delegated, and the test or service is considered
36	36	to be delivered by the delegating psychologist for billing
37	37	purposes, including bills submitted to third-party payors. The
38	38	person must inform each patient on whom the test or service is
39	39	performed that the person is being supervised by a licensed
40	40	psychologist.
41	41	(c) The board may determine whether:
42	42	(1) a psychological test or service may be properly
43	43	and safely delegated under this section; and
44	44	(2) a delegated act constitutes the practice of
45	45	psychology under this chapter.
46	46	(d) A person who is a licensed psychologist and to whom
47	47	another psychologist delegates a psychological test or service
48	48	under this section may represent that the person is engaged in the
49	49	practice of psychology.
50	50	Sec. 501.352. PERFORMANCE OF DELEGATED ACT DOES NOT
51	51	CONSTITUTE PRACTICE OF PSYCHOLOGY. A person to whom a psychologist
52	52	delegates a psychological test or service under Section 501.351(a)
53	53	is not considered to be engaged in the independent practice of
54	54	psychology without a license issued under this chapter unless the
55	55	person acts with the knowledge that the delegation and the action
56	56	taken under the delegation violate this subtitle.
57	57	SECTION 2. This Act takes effect September 1, 2013.
58	58	* * * * *