1 | 1 | | 84R9035 EES-F |
---|
2 | 2 | | By: Naishtat H.B. No. 3999 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | A BILL TO BE ENTITLED |
---|
6 | 6 | | AN ACT |
---|
7 | 7 | | relating to the exemption of certain persons from licensure as a |
---|
8 | 8 | | professional counselor or social worker. |
---|
9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
10 | 10 | | SECTION 1. Section 503.056, Occupations Code, is amended to |
---|
11 | 11 | | read as follows: |
---|
12 | 12 | | Sec. 503.056. COUNSELING FOR NONPROFIT ORGANIZATION OR |
---|
13 | 13 | | CHARITY. This chapter does not apply to an activity, service, |
---|
14 | 14 | | title, or description of a person who [is employed as a professional |
---|
15 | 15 | | by or who] volunteers [in the practice of counseling] for a public |
---|
16 | 16 | | or private nonprofit organization or charity that provides |
---|
17 | 17 | | counseling services if the person: |
---|
18 | 18 | | (1) is accountable to a licensed mental health |
---|
19 | 19 | | professional employed by the [person's sponsoring] organization or |
---|
20 | 20 | | charity; and |
---|
21 | 21 | | (2) does not use the title or hold the person out to be |
---|
22 | 22 | | a licensed counselor. |
---|
23 | 23 | | SECTION 2. Section 505.003(a), Occupations Code, is amended |
---|
24 | 24 | | to read as follows: |
---|
25 | 25 | | (a) This chapter does not apply to: |
---|
26 | 26 | | (1) an activity conducted or a service performed by a |
---|
27 | 27 | | person who is licensed, certified, or registered in a profession |
---|
28 | 28 | | other than social work, including a physician, attorney, registered |
---|
29 | 29 | | nurse, licensed vocational nurse, psychologist, occupational |
---|
30 | 30 | | therapist, licensed marriage and family therapist, licensed |
---|
31 | 31 | | chemical dependency counselor, or licensed professional counselor, |
---|
32 | 32 | | if: |
---|
33 | 33 | | (A) the activity or service is conducted or |
---|
34 | 34 | | performed within the scope of the person's license, certificate, or |
---|
35 | 35 | | registration; |
---|
36 | 36 | | (B) the person does not use a title listed in |
---|
37 | 37 | | Section 505.351; and |
---|
38 | 38 | | (C) the person does not: |
---|
39 | 39 | | (i) represent the service as social work; |
---|
40 | 40 | | (ii) represent that the person is a social |
---|
41 | 41 | | worker; or |
---|
42 | 42 | | (iii) use a title that implies that the |
---|
43 | 43 | | person is licensed in social work; |
---|
44 | 44 | | (2) [a service performed by a person as a volunteer or |
---|
45 | 45 | | staff member if the person does not: |
---|
46 | 46 | | [(A) represent the service as social work; |
---|
47 | 47 | | [(B) represent the person as a social worker; or |
---|
48 | 48 | | [(C) use a title that implies that the person is |
---|
49 | 49 | | licensed in social work; |
---|
50 | 50 | | [(3)] an activity conducted by a social work student, |
---|
51 | 51 | | intern, or trainee in connection with an institution of higher |
---|
52 | 52 | | education accredited by the Council on Social Work Education; or |
---|
53 | 53 | | (3) [(4)] an activity conducted or a service performed |
---|
54 | 54 | | by a pastoral care counselor who is acting within the person's |
---|
55 | 55 | | ministerial capabilities and who does not use a title that implies |
---|
56 | 56 | | that the counselor is licensed in social work, including: |
---|
57 | 57 | | (A) a Christian Science practitioner who is |
---|
58 | 58 | | recognized by the Church of Christ Scientist as registered and |
---|
59 | 59 | | published in the Christian Science Journal; and |
---|
60 | 60 | | (B) any other recognized religious practitioner. |
---|
61 | 61 | | SECTION 3. Sections 503.051 and 505.003(b), Occupations |
---|
62 | 62 | | Code, are repealed. |
---|
63 | 63 | | SECTION 4. This Act takes effect September 1, 2015. |
---|