Texas 2015 - 84th Regular

Texas House Bill HB3999 Compare Versions

Only one version of the bill is available at this time.
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11 84R9035 EES-F
22 By: Naishtat H.B. No. 3999
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the exemption of certain persons from licensure as a
88 professional counselor or social worker.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 503.056, Occupations Code, is amended to
1111 read as follows:
1212 Sec. 503.056. COUNSELING FOR NONPROFIT ORGANIZATION OR
1313 CHARITY. This chapter does not apply to an activity, service,
1414 title, or description of a person who [is employed as a professional
1515 by or who] volunteers [in the practice of counseling] for a public
1616 or private nonprofit organization or charity that provides
1717 counseling services if the person:
1818 (1) is accountable to a licensed mental health
1919 professional employed by the [person's sponsoring] organization or
2020 charity; and
2121 (2) does not use the title or hold the person out to be
2222 a licensed counselor.
2323 SECTION 2. Section 505.003(a), Occupations Code, is amended
2424 to read as follows:
2525 (a) This chapter does not apply to:
2626 (1) an activity conducted or a service performed by a
2727 person who is licensed, certified, or registered in a profession
2828 other than social work, including a physician, attorney, registered
2929 nurse, licensed vocational nurse, psychologist, occupational
3030 therapist, licensed marriage and family therapist, licensed
3131 chemical dependency counselor, or licensed professional counselor,
3232 if:
3333 (A) the activity or service is conducted or
3434 performed within the scope of the person's license, certificate, or
3535 registration;
3636 (B) the person does not use a title listed in
3737 Section 505.351; and
3838 (C) the person does not:
3939 (i) represent the service as social work;
4040 (ii) represent that the person is a social
4141 worker; or
4242 (iii) use a title that implies that the
4343 person is licensed in social work;
4444 (2) [a service performed by a person as a volunteer or
4545 staff member if the person does not:
4646 [(A) represent the service as social work;
4747 [(B) represent the person as a social worker; or
4848 [(C) use a title that implies that the person is
4949 licensed in social work;
5050 [(3)] an activity conducted by a social work student,
5151 intern, or trainee in connection with an institution of higher
5252 education accredited by the Council on Social Work Education; or
5353 (3) [(4)] an activity conducted or a service performed
5454 by a pastoral care counselor who is acting within the person's
5555 ministerial capabilities and who does not use a title that implies
5656 that the counselor is licensed in social work, including:
5757 (A) a Christian Science practitioner who is
5858 recognized by the Church of Christ Scientist as registered and
5959 published in the Christian Science Journal; and
6060 (B) any other recognized religious practitioner.
6161 SECTION 3. Sections 503.051 and 505.003(b), Occupations
6262 Code, are repealed.
6363 SECTION 4. This Act takes effect September 1, 2015.