84R9035 EES-F
By: Naishtat H.B. No. 3999
A BILL TO BE ENTITLED
AN ACT
relating to the exemption of certain persons from licensure as a
professional counselor or social worker.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 503.056, Occupations Code, is amended to
read as follows:
Sec. 503.056. COUNSELING FOR NONPROFIT ORGANIZATION OR
CHARITY. This chapter does not apply to an activity, service,
title, or description of a person who [is employed as a professional
by or who] volunteers [in the practice of counseling] for a public
or private nonprofit organization or charity that provides
counseling services if the person:
(1) is accountable to a licensed mental health
professional employed by the [person's sponsoring] organization or
charity; and
(2) does not use the title or hold the person out to be
a licensed counselor.
SECTION 2. Section 505.003(a), Occupations Code, is amended
to read as follows:
(a) This chapter does not apply to:
(1) an activity conducted or a service performed by a
person who is licensed, certified, or registered in a profession
other than social work, including a physician, attorney, registered
nurse, licensed vocational nurse, psychologist, occupational
therapist, licensed marriage and family therapist, licensed
chemical dependency counselor, or licensed professional counselor,
if:
(A) the activity or service is conducted or
performed within the scope of the person's license, certificate, or
registration;
(B) the person does not use a title listed in
Section 505.351; and
(C) the person does not:
(i) represent the service as social work;
(ii) represent that the person is a social
worker; or
(iii) use a title that implies that the
person is licensed in social work;
(2) [a service performed by a person as a volunteer or
staff member if the person does not:
[(A) represent the service as social work;
[(B) represent the person as a social worker; or
[(C) use a title that implies that the person is
licensed in social work;
[(3)] an activity conducted by a social work student,
intern, or trainee in connection with an institution of higher
education accredited by the Council on Social Work Education; or
(3) [(4)] an activity conducted or a service performed
by a pastoral care counselor who is acting within the person's
ministerial capabilities and who does not use a title that implies
that the counselor is licensed in social work, including:
(A) a Christian Science practitioner who is
recognized by the Church of Christ Scientist as registered and
published in the Christian Science Journal; and
(B) any other recognized religious practitioner.
SECTION 3. Sections 503.051 and 505.003(b), Occupations
Code, are repealed.
SECTION 4. This Act takes effect September 1, 2015.