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Texas House Bill HB2898

Texas 2017 - 85th Regular

Texas House Bill HB2898 Compare Versions

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11 85R8323 MAW-D
22 By: Gonzales of Williamson H.B. No. 2898
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Texas Behavioral Health Executive
88 Council and to the continuation and transfer of the regulation of
99 sex offender treatment providers, psychologists, marriage and
1010 family therapists, professional counselors, chemical dependency
1111 counselors, and social workers to the Texas Behavioral Health
1212 Executive Council; providing civil and administrative penalties;
1313 authorizing a fee.
1414 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1515 ARTICLE 1. CREATION OF THE TEXAS BEHAVIORAL HEALTH EXECUTIVE
1616 COUNCIL
1717 SECTION 1.001. Subtitle I, Title 3, Occupations Code, is
1818 amended by adding Chapter 506 to read as follows:
1919 CHAPTER 506. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
2020 SUBCHAPTER A. GENERAL PROVISIONS
2121 Sec. 506.001. DEFINITIONS. In this chapter:
2222 (1) "Executive council" means the Texas Behavioral
2323 Health Executive Council.
2424 (2) "License" means a license, certification,
2525 registration, or other authorization that is issued by the
2626 executive council.
2727 (3) "Marriage and family therapy board" means the
2828 Texas State Board of Examiners of Marriage and Family Therapists.
2929 (4) "Professional counseling board" means the Texas
3030 State Board of Examiners of Professional Counselors.
3131 (5) "Psychology board" means the Texas State Board of
3232 Examiners of Psychologists.
3333 (6) "Social work board" means the Texas State Board of
3434 Social Worker Examiners.
3535 Sec. 506.002. APPLICATION OF SUNSET ACT. The Texas
3636 Behavioral Health Executive Council is subject to Chapter 325,
3737 Government Code (Texas Sunset Act). Unless continued in existence
3838 as provided by that chapter, the executive council is abolished and
3939 the following laws expire September 1, 2029:
4040 (1) Chapter 110; and
4141 (2) this subtitle.
4242 SUBCHAPTER B. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
4343 Sec. 506.051. EXECUTIVE COUNCIL MEMBERSHIP. (a) The Texas
4444 Behavioral Health Executive Council consists of nine members as
4545 follows:
4646 (1) one marriage and family therapist member and one
4747 public member of the marriage and family therapy board, each
4848 appointed by that board;
4949 (2) one licensed professional counselor member and one
5050 public member of the professional counseling board, each appointed
5151 by that board;
5252 (3) one psychologist or psychological associate
5353 member and one public member of the psychology board, each
5454 appointed by that board;
5555 (4) one social worker member and one public member of
5656 the social work board, each appointed by that board; and
5757 (5) one public member appointed by the governor.
5858 (b) Appointments to the executive council shall be made
5959 without regard to the race, color, disability, sex, age, religion,
6060 or national origin of the appointee.
6161 Sec. 506.052. ELIGIBILITY OF PUBLIC MEMBER APPOINTED BY
6262 GOVERNOR. A person is not eligible for appointment by the governor
6363 as a public member of the executive council if the person or the
6464 person's spouse:
6565 (1) is registered, certified, or licensed by an
6666 occupational regulatory agency in the field of health care;
6767 (2) is employed by or participates in the management
6868 of a business entity or other organization regulated by or
6969 receiving money from the executive council, the marriage and family
7070 therapy board, the professional counseling board, the psychology
7171 board, or the social work board;
7272 (3) owns or controls, directly or indirectly, more
7373 than a 10 percent interest in a business entity or other
7474 organization regulated by or receiving money from the executive
7575 council, the marriage and family therapy board, the professional
7676 counseling board, the psychology board, or the social work board;
7777 or
7878 (4) uses or receives a substantial amount of tangible
7979 goods, services, or money from the executive council, the marriage
8080 and family therapy board, the professional counseling board, the
8181 psychology board, or the social work board, other than compensation
8282 or reimbursement authorized by law for executive council, marriage
8383 and family therapy board, professional counseling board,
8484 psychology board, or social work board membership, attendance, or
8585 expenses.
8686 Sec. 506.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
8787 In this section, "Texas trade association" means a cooperative and
8888 voluntarily joined statewide association of business or
8989 professional competitors in this state designed to assist its
9090 members and its industry or profession in dealing with mutual
9191 business or professional problems and in promoting their common
9292 interest.
9393 (b) A person may not be a member of the executive council and
9494 may not be an executive council employee employed in a "bona fide
9595 executive, administrative, or professional capacity," as that
9696 phrase is used for purposes of establishing an exemption to the
9797 overtime provisions of the federal Fair Labor Standards Act of 1938
9898 (29 U.S.C. Section 201 et seq.) if:
9999 (1) the person is an officer, employee, or paid
100100 consultant of a Texas trade association in the field of health care;
101101 or
102102 (2) the person's spouse is an officer, manager, or paid
103103 consultant of a Texas trade association in the field of health care.
104104 (c) A person may not be a member of the executive council or
105105 act as the general counsel to the executive council if the person is
106106 required to register as a lobbyist under Chapter 305, Government
107107 Code, because of the person's activities for compensation on behalf
108108 of a profession related to the operation of the executive council,
109109 the marriage and family therapy board, the professional counseling
110110 board, the psychology board, or the social work board.
111111 Sec. 506.054. TERMS; VACANCY. (a) The member appointed by
112112 the governor serves a six-year term. The remaining members serve
113113 two-year terms with the terms of four of those members expiring
114114 February 1 of each year.
115115 (b) A member appointed to fill a vacancy holds office for
116116 the unexpired portion of the term.
117117 Sec. 506.055. PRESIDING OFFICER. The member appointed by
118118 the governor is the presiding officer of the executive council.
119119 Sec. 506.056. GROUNDS FOR REMOVAL. (a) It is a ground for
120120 removal from the executive council that a member:
121121 (1) does not have at the time of taking office the
122122 qualifications required by Section 506.051;
123123 (2) does not maintain during service on the executive
124124 council the qualifications required by Section 506.051;
125125 (3) is ineligible for membership under Section 506.052
126126 or 506.053;
127127 (4) cannot, because of illness or disability,
128128 discharge the member's duties for a substantial part of the member's
129129 term; or
130130 (5) is absent from more than half of the regularly
131131 scheduled executive council meetings that the member is eligible to
132132 attend during a calendar year without an excuse approved by a
133133 majority vote of the executive council.
134134 (b) The validity of an action of the executive council is
135135 not affected by the fact that it is taken when a ground for removal
136136 of an executive council member exists.
137137 (c) If the executive director has knowledge that a potential
138138 ground for removal exists, the executive director shall notify the
139139 presiding officer of the executive council of the potential ground.
140140 The presiding officer shall then notify the appointing authority
141141 and the attorney general that a potential ground for removal
142142 exists. If the potential ground for removal involves the presiding
143143 officer, the executive director shall notify the next highest
144144 ranking officer of the executive council, who shall then notify the
145145 appointing authority and the attorney general that a potential
146146 ground for removal exists.
147147 Sec. 506.057. REIMBURSEMENT. A member of the executive
148148 council may receive reimbursement for travel expenses as provided
149149 by the General Appropriations Act.
150150 Sec. 506.058. MEETINGS. (a) The executive council shall
151151 hold at least two regular meetings each year.
152152 (b) The executive council may hold additional meetings on
153153 the request of the presiding officer or on the written request of
154154 three members of the executive council.
155155 Sec. 506.059. TRAINING. (a) A person who is appointed to
156156 and qualifies for office as a member of the executive council may
157157 not vote, deliberate, or be counted as a member in attendance at a
158158 meeting of the executive council until the person completes a
159159 training program that complies with this section.
160160 (b) The training program must provide the person with
161161 information regarding:
162162 (1) the law governing executive council operations;
163163 (2) the programs, functions, rules, and budget of the
164164 executive council;
165165 (3) the scope of and limitations on the rulemaking
166166 authority of the executive council;
167167 (4) the results of the most recent formal audit of the
168168 executive council;
169169 (5) the requirements of:
170170 (A) laws relating to open meetings, public
171171 information, administrative procedure, and disclosing conflicts of
172172 interest; and
173173 (B) other laws applicable to members of the
174174 executive council in performing their duties; and
175175 (6) any applicable ethics policies adopted by the
176176 executive council or the Texas Ethics Commission.
177177 (c) A person appointed to the executive council is entitled
178178 to reimbursement, as provided by the General Appropriations Act,
179179 for the travel expenses incurred in attending the training program
180180 regardless of whether the attendance at the program occurs before
181181 or after the person qualifies for office.
182182 (d) The executive director of the executive council shall
183183 create a training manual that includes the information required by
184184 Subsection (b). The executive director shall distribute a copy of
185185 the training manual annually to each executive council member. On
186186 receipt of the training manual, each executive council member shall
187187 sign and submit to the executive director a statement acknowledging
188188 receipt of the training manual.
189189 SUBCHAPTER C. EXECUTIVE DIRECTOR AND OTHER PERSONNEL
190190 Sec. 506.101. EXECUTIVE DIRECTOR; PERSONNEL. The executive
191191 council shall employ an executive director and other personnel as
192192 necessary to administer this chapter and carry out the functions of
193193 the executive council.
194194 Sec. 506.102. DIVISION OF RESPONSIBILITIES. The executive
195195 council shall develop and implement policies that clearly separate
196196 the policymaking responsibilities of the executive council and the
197197 management responsibilities of the executive director and the staff
198198 of the executive council.
199199 Sec. 506.103. CAREER LADDER PROGRAM; PERFORMANCE
200200 EVALUATIONS. (a) The executive director or the executive
201201 director's designee shall develop an intra-agency career ladder
202202 program. The program must require intra-agency posting of all
203203 nonentry level positions concurrently with any public posting.
204204 (b) The executive director or the executive director's
205205 designee shall develop a system of annual performance evaluations
206206 based on measurable job tasks. All merit pay for executive council
207207 employees must be based on the system established under this
208208 subsection.
209209 Sec. 506.104. EQUAL OPPORTUNITY POLICY; REPORT. (a) The
210210 executive director or the executive director's designee shall
211211 prepare and maintain a written policy statement to ensure
212212 implementation of an equal opportunity program under which all
213213 personnel transactions are made without regard to race, color,
214214 disability, sex, age, religion, or national origin. The policy
215215 statement must include:
216216 (1) personnel policies, including policies relating
217217 to recruitment, evaluation, selection, appointment, training, and
218218 promotion of personnel, that are in compliance with the
219219 requirements of Chapter 21, Labor Code;
220220 (2) a comprehensive analysis of the executive council
221221 workforce that meets federal and state guidelines;
222222 (3) procedures by which a determination can be made of
223223 significant underuse in the executive council workforce of all
224224 persons for whom federal or state guidelines encourage a more
225225 equitable balance; and
226226 (4) reasonable methods to appropriately address those
227227 areas of significant underuse.
228228 (b) A policy statement prepared under Subsection (a) must:
229229 (1) cover an annual period;
230230 (2) be updated annually;
231231 (3) be reviewed by the Texas Workforce Commission for
232232 compliance with Subsection (a)(1); and
233233 (4) be filed with the governor.
234234 (c) The governor shall deliver a biennial report to the
235235 legislature based on information received under Subsection (b).
236236 The report may be made separately or as part of other biennial
237237 reports made to the legislature.
238238 SUBCHAPTER D. POWERS AND DUTIES
239239 Sec. 506.151. GENERAL POWERS AND DUTIES. The executive
240240 council shall administer and enforce Chapter 110 and this subtitle.
241241 Sec. 506.152. GENERAL RULEMAKING AUTHORITY. The executive
242242 council shall adopt rules as necessary to perform its duties and
243243 implement this chapter.
244244 Sec. 506.153. LIMITATION REGARDING CERTAIN RULES. (a)
245245 Unless the rule has been proposed by the applicable council or board
246246 for a profession regulated by the executive council under Chapter
247247 110, 501, 502, 503, or 505, the executive council may not adopt:
248248 (1) a rule regarding:
249249 (A) the qualifications necessary to obtain a
250250 license, including limiting an applicant's eligibility for a
251251 license based on the applicant's criminal history;
252252 (B) the scope of practice of and standards of
253253 care and ethical practice for the profession; or
254254 (C) continuing education requirements for
255255 license holders; or
256256 (2) a schedule of sanctions for violations of the laws
257257 and rules applicable to the profession.
258258 (b) For each rule proposed under Subsection (a), the
259259 executive council shall either adopt the rule as proposed or return
260260 the rule to the applicable council or board for revision. On the
261261 return of a rule under this subsection, the executive council shall
262262 include an explanation of the executive council's reasons for not
263263 adopting the rule as proposed.
264264 (c) The executive council retains authority for final
265265 adoption of all rules and is responsible for ensuring compliance
266266 with all laws regarding the rulemaking process.
267267 (d) The executive council shall adopt rules prescribing the
268268 procedure by which rules described by Subsection (a) may be
269269 proposed to the executive council.
270270 Sec. 506.154. FEES. The executive council shall set fees in
271271 amounts reasonable and necessary to cover the costs of
272272 administering Chapter 110 and this subtitle, including fees for:
273273 (1) licenses issued by the executive council;
274274 (2) license renewals and late renewals;
275275 (3) examinations; and
276276 (4) any other program or activity administered by the
277277 executive council for which a fee is authorized.
278278 Sec. 506.155. RULES RESTRICTING ADVERTISING OR COMPETITIVE
279279 BIDDING. (a) The executive council may not adopt rules restricting
280280 advertising or competitive bidding by a person regulated by the
281281 executive council except to prohibit false, misleading, or
282282 deceptive practices.
283283 (b) The executive council may not include in rules to
284284 prohibit false, misleading, or deceptive practices by a person
285285 regulated by the executive council a rule that:
286286 (1) restricts the person's use of any advertising
287287 medium;
288288 (2) restricts the person's personal appearance or use
289289 of the person's voice in an advertisement;
290290 (3) relates to the size or duration of an
291291 advertisement by the person; or
292292 (4) restricts the use of a trade name in advertising by
293293 the person.
294294 Sec. 506.156. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.
295295 The executive council shall adopt rules and guidelines as necessary
296296 to comply with Chapter 53.
297297 Sec. 506.157. CONTINUING EDUCATION. The executive council
298298 shall recognize, prepare, or administer continuing education
299299 programs for license holders. A license holder must participate in
300300 the programs to the extent required by the executive council to keep
301301 the person's license.
302302 Sec. 506.158. USE OF TECHNOLOGY. The executive council
303303 shall implement a policy requiring the executive council to use
304304 appropriate technological solutions to improve the executive
305305 council's ability to perform its functions. The policy must ensure
306306 that the public is able to interact with the executive council on
307307 the Internet.
308308 Sec. 506.159. NEGOTIATED RULEMAKING AND ALTERNATIVE
309309 DISPUTE RESOLUTION POLICY. (a) The executive council shall
310310 develop a policy to encourage the use of:
311311 (1) negotiated rulemaking procedures under Chapter
312312 2008, Government Code, for the adoption of executive council rules;
313313 and
314314 (2) appropriate alternative dispute resolution
315315 procedures under Chapter 2009, Government Code, to assist in the
316316 resolution of internal and external disputes under the executive
317317 council's jurisdiction.
318318 (b) The executive council's procedures relating to
319319 alternative dispute resolution must conform, to the extent
320320 possible, to any model guidelines issued by the State Office of
321321 Administrative Hearings for the use of alternative dispute
322322 resolution by state agencies.
323323 (c) The executive council shall:
324324 (1) coordinate the implementation of the policy
325325 adopted under Subsection (a);
326326 (2) provide training as needed to implement the
327327 procedures for negotiated rulemaking and alternative dispute
328328 resolution; and
329329 (3) collect data concerning the effectiveness of those
330330 procedures.
331331 SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
332332 Sec. 506.201. PUBLIC INTEREST INFORMATION. (a) The
333333 executive council shall prepare information of public interest
334334 describing the functions of the executive council and the
335335 procedures by which complaints are filed with and resolved by the
336336 executive council.
337337 (b) The executive council shall make the information
338338 available to the public and appropriate state agencies.
339339 Sec. 506.202. COMPLAINTS. (a) The executive council by
340340 rule shall establish methods by which consumers and service
341341 recipients are notified of the name, mailing address, and telephone
342342 number of the executive council for the purpose of directing
343343 complaints to the executive council. The executive council may
344344 provide for that notice:
345345 (1) on each registration form, application, or written
346346 contract for services of a person regulated by the executive
347347 council;
348348 (2) on a sign prominently displayed in the place of
349349 business of a person regulated by the executive council; or
350350 (3) in a bill for services provided by a person
351351 regulated by the executive council.
352352 (b) The executive council shall list with its regular
353353 telephone number any toll-free telephone number established under
354354 other state law that may be called to present a complaint about a
355355 person regulated by the executive council.
356356 Sec. 506.203. INFORMATION ABOUT COMPLAINT ACTIONS. (a)
357357 The executive council shall maintain a system to promptly and
358358 efficiently act on complaints filed with the executive council.
359359 The executive council shall maintain information about parties to
360360 the complaint, the subject matter of the complaint, a summary of the
361361 results of the review or investigation of the complaint, and its
362362 disposition.
363363 (b) The executive council shall make information available
364364 describing its procedures for complaint investigation and
365365 resolution.
366366 (c) The executive council shall periodically notify the
367367 parties to a complaint of the status of the complaint until final
368368 disposition of the complaint.
369369 Sec. 506.204. GENERAL RULES REGARDING COMPLAINT
370370 INVESTIGATION. (a) The executive council shall adopt rules
371371 concerning the investigation of a complaint filed with the
372372 executive council. The rules adopted under this section must:
373373 (1) distinguish between categories of complaints;
374374 (2) ensure that a complaint is not dismissed without
375375 appropriate consideration;
376376 (3) require that the executive council be advised of a
377377 complaint that is dismissed and that a letter be sent to the person
378378 who filed the complaint explaining the action taken on the
379379 complaint;
380380 (4) ensure that the person who files a complaint has an
381381 opportunity to explain the allegations made in the complaint; and
382382 (5) prescribe guidelines concerning the categories of
383383 complaints that require the use of a private investigator and
384384 prescribe the procedures for the executive council to obtain the
385385 services of a private investigator.
386386 (b) The executive council shall:
387387 (1) dispose of a complaint in a timely manner; and
388388 (2) establish a schedule for conducting each phase of
389389 the disposition of a complaint that is under the control of the
390390 executive council not later than the 30th day after the date the
391391 executive council receives the complaint.
392392 (c) The executive council shall notify the parties to a
393393 complaint of the projected time requirements for pursuing the
394394 complaint.
395395 (d) The executive council shall notify the parties to the
396396 complaint of any change in the schedule not later than the seventh
397397 day after the date the change is made.
398398 (e) The executive director shall notify the executive
399399 council of a complaint that is unresolved after the time prescribed
400400 by the executive council for resolving the complaint so that the
401401 executive council may take necessary action on the complaint.
402402 (f) The executive council shall assign priorities and
403403 investigate complaints based on:
404404 (1) the severity of the conduct alleged in the
405405 complaint; and
406406 (2) the degree of harm to public health and safety.
407407 Sec. 506.205. CONFIDENTIALITY OF COMPLAINT INFORMATION.
408408 (a) Except as provided by Subsection (b), a complaint and
409409 investigation and all information and materials compiled by the
410410 executive council in connection with the complaint and
411411 investigation are not subject to:
412412 (1) disclosure under Chapter 552, Government Code; or
413413 (2) disclosure, discovery, subpoena, or other means of
414414 legal compulsion for release of information to any person.
415415 (b) A complaint or investigation subject to Subsection (a)
416416 and all information and materials compiled by the executive council
417417 in connection with the complaint may be disclosed to:
418418 (1) the executive council and executive council
419419 employees or agents involved in license holder discipline;
420420 (2) a party to a disciplinary action against the
421421 license holder or that party's designated representative;
422422 (3) a law enforcement agency;
423423 (4) a governmental agency, if:
424424 (A) the disclosure is required or permitted by
425425 law; and
426426 (B) the agency obtaining the disclosure protects
427427 the identity of any patient whose records are examined; or
428428 (5) a person engaged in bona fide research, if all
429429 information identifying a specific individual has been deleted.
430430 (c) Unless good cause for delay is shown to the presiding
431431 officer at the hearing, the executive council shall provide the
432432 license holder with access to all information that the executive
433433 council intends to offer into evidence at the hearing not later than
434434 the 30th day after the date the executive council receives a written
435435 request from a license holder who is entitled to a hearing under
436436 this chapter or from the license holder's attorney of record.
437437 (d) The executive council shall protect the identity of any
438438 patient whose records are examined in connection with a
439439 disciplinary investigation or proceeding against a license holder,
440440 except a patient who:
441441 (1) initiates the disciplinary action; or
442442 (2) has submitted a written consent to release the
443443 records.
444444 Sec. 506.206. SUBPOENAS. (a) In the investigation of a
445445 complaint filed with the executive council, the executive director
446446 or presiding officer of the executive council may issue a subpoena
447447 to compel the attendance of a relevant witness or the production,
448448 for inspection or copying, of relevant evidence that is in this
449449 state.
450450 (b) A subpoena may be served personally or by certified
451451 mail.
452452 (c) If a person fails to comply with a subpoena, the
453453 executive council, acting through the attorney general, may file
454454 suit to enforce the subpoena in a district court in Travis County or
455455 in the county in which a hearing conducted by the executive council
456456 may be held.
457457 (d) On finding that good cause exists for issuing the
458458 subpoena, the court shall order the person to comply with the
459459 subpoena. The court may punish a person who fails to obey the court
460460 order.
461461 (e) The executive council shall pay a reasonable fee for
462462 photocopies subpoenaed under this section in an amount not to
463463 exceed the amount the executive council may charge for copies of its
464464 records.
465465 (f) The reimbursement of the expenses of a witness whose
466466 attendance is compelled under this section is governed by Section
467467 2001.103, Government Code.
468468 (g) Information and materials subpoenaed or compiled by the
469469 executive council in connection with the investigation of a
470470 complaint may be disclosed only as provided by Section 506.205.
471471 Sec. 506.207. PUBLIC PARTICIPATION. The executive council
472472 shall develop and implement policies that provide the public with a
473473 reasonable opportunity to appear before the executive council and
474474 to speak on any issue under the jurisdiction of the executive
475475 council.
476476 SUBCHAPTER F. GENERAL LICENSING PROVISIONS
477477 Sec. 506.251. CRIMINAL HISTORY RECORD INFORMATION FOR
478478 LICENSE ISSUANCE. (a) The executive council shall require that an
479479 applicant for a license submit a complete and legible set of
480480 fingerprints, on a form prescribed by the executive council, to the
481481 executive council or to the Department of Public Safety for the
482482 purpose of obtaining criminal history record information from the
483483 Department of Public Safety and the Federal Bureau of
484484 Investigation.
485485 (b) The executive council may not issue a license to a
486486 person who does not comply with the requirement of Subsection (a).
487487 (c) The executive council shall conduct a criminal history
488488 record information check of each applicant for a license using
489489 information:
490490 (1) provided by the individual under this section; and
491491 (2) made available to the executive council by the
492492 Department of Public Safety, the Federal Bureau of Investigation,
493493 and any other criminal justice agency under Chapter 411, Government
494494 Code.
495495 (d) The executive council may:
496496 (1) enter into an agreement with the Department of
497497 Public Safety to administer a criminal history record information
498498 check required under this section; and
499499 (2) authorize the Department of Public Safety to
500500 collect from each applicant the costs incurred by the Department of
501501 Public Safety in conducting the criminal history record information
502502 check.
503503 Sec. 506.252. EXAMINATION RESULTS. (a) The executive
504504 council shall notify each examinee of the results of an examination
505505 not later than the 30th day after the date the examination is
506506 administered. If an examination is graded or reviewed by a national
507507 testing service, the executive council shall notify each examinee
508508 of the results of the examination not later than the 14th day after
509509 the date the executive council receives the results from the
510510 testing service.
511511 (b) If the notice of examination results graded or reviewed
512512 by a national testing service will be delayed for longer than 90
513513 days after the examination date, the executive council shall notify
514514 each examinee of the reason for the delay before the 90th day.
515515 (c) If requested in writing by a person who fails an
516516 examination, the executive council shall provide to the person an
517517 analysis of the person's performance on the examination.
518518 Sec. 506.253. REEXAMINATION. The executive council by rule
519519 shall establish:
520520 (1) a limit on the number of times an applicant for a
521521 license who fails an examination may retake the examination; and
522522 (2) the requirements for retaking an examination.
523523 Sec. 506.254. LICENSE RENEWAL. (a) A person who is
524524 otherwise eligible to renew a license may renew an unexpired
525525 license by paying the required renewal fee to the executive council
526526 before the expiration date of the license.
527527 (b) If the person's license has been expired for 90 days or
528528 less, the person may renew the license by paying to the executive
529529 council a fee in an amount equal to one and one-half times the
530530 required renewal fee.
531531 (c) If the person's license has been expired for more than
532532 90 days but less than one year, the person may renew the license by
533533 paying to the executive council a fee in an amount equal to two
534534 times the required renewal fee.
535535 (d) If the person's license has been expired for one year or
536536 more, the person may not renew the license. The person may obtain a
537537 new license by submitting to reexamination and complying with the
538538 requirements and procedures for obtaining an original license.
539539 Sec. 506.255. RENEWAL OF EXPIRED LICENSE OF OUT-OF-STATE
540540 PRACTITIONER. (a) The executive council may renew without
541541 reexamination an expired license of a person who was licensed in
542542 this state, moved to another state, and is currently licensed and
543543 has been in practice in the other state for the two years preceding
544544 the date the person applies for renewal.
545545 (b) The person must pay to the executive council a fee in an
546546 amount equal to two times the required renewal fee for the license.
547547 Sec. 506.256. CRIMINAL HISTORY RECORD INFORMATION
548548 REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a
549549 license issued under this chapter shall submit a complete and
550550 legible set of fingerprints for purposes of performing a criminal
551551 history record information check of the applicant as provided by
552552 Section 506.251.
553553 (b) The executive council may administratively suspend or
554554 refuse to renew the license of a person who does not comply with the
555555 requirement of Subsection (a).
556556 (c) A license holder is not required to submit fingerprints
557557 under this section for the renewal of a license if the license
558558 holder has previously submitted fingerprints under:
559559 (1) Section 506.251 for the initial issuance of the
560560 license; or
561561 (2) this section as part of a prior license renewal.
562562 Sec. 506.257. SEARCH OF NATIONAL PRACTITIONER DATABASE.
563563 The executive council shall establish a process to search at least
564564 one national practitioner database to determine whether another
565565 state has taken any disciplinary or other legal action against an
566566 applicant or license holder before issuing an initial or renewal
567567 license.
568568 SUBCHAPTER G. DISCIPLINARY ACTIONS AND PROCEDURES
569569 Sec. 506.301. DISCIPLINARY ACTIONS. (a) The executive
570570 council may deny, revoke, suspend, or refuse to renew a license or
571571 may reprimand a license holder if the applicant or license holder
572572 violates:
573573 (1) this chapter;
574574 (2) a law of this state regulating the license holder's
575575 profession;
576576 (3) an executive council rule; or
577577 (4) a statute or rule of another state as determined
578578 through a search conducted as provided by Section 506.257 if the
579579 violation would constitute a violation described by Subdivision
580580 (1), (2), or (3) had it occurred in this state.
581581 (b) The executive council may place on probation a person
582582 whose license is suspended. If a license suspension is probated,
583583 the executive council may require the person to:
584584 (1) report regularly to the executive council on
585585 matters that are the basis of the probation;
586586 (2) limit the person's practice to the areas
587587 prescribed by the executive council; or
588588 (3) continue or review continuing professional
589589 education until the person attains a degree of skill satisfactory
590590 to the executive council in those areas that are the basis for the
591591 probation.
592592 Sec. 506.302. TEMPORARY SUSPENSION. (a) The executive
593593 council or a three-member committee of executive council members
594594 designated by the executive council shall temporarily suspend the
595595 license of a license holder if the executive council or committee
596596 determines from the evidence or information presented to it that
597597 continued practice by the license holder would constitute a
598598 continuing and imminent threat to the public welfare.
599599 (b) A license may be suspended under this section without
600600 notice or hearing on the complaint if:
601601 (1) action is taken to initiate proceedings for a
602602 hearing before the State Office of Administrative Hearings
603603 simultaneously with the temporary suspension; and
604604 (2) a hearing is held as soon as practicable under this
605605 chapter and Chapter 2001, Government Code.
606606 (c) The State Office of Administrative Hearings shall hold a
607607 preliminary hearing not later than the 14th day after the date of
608608 the temporary suspension to determine if there is probable cause to
609609 believe that a continuing and imminent threat to the public welfare
610610 still exists. A final hearing on the matter shall be held not later
611611 than the 61st day after the date of the temporary suspension.
612612 Sec. 506.303. HEARING; ADMINISTRATIVE PROCEDURE. (a) A
613613 license holder is entitled to a hearing before the State Office of
614614 Administrative Hearings before a sanction is imposed under this
615615 subchapter.
616616 (b) A proceeding under this subchapter is governed by
617617 Chapter 2001, Government Code.
618618 Sec. 506.304. SCHEDULE OF SANCTIONS. (a) The executive
619619 council by rule shall adopt a broad schedule of sanctions.
620620 (b) The State Office of Administrative Hearings shall use
621621 the schedule for any sanction imposed under this subchapter as the
622622 result of a hearing conducted by that office.
623623 Sec. 506.305. INFORMAL PROCEEDINGS. (a) The executive
624624 council by rule shall adopt procedures governing:
625625 (1) informal disposition of a contested case under
626626 Section 2001.056, Government Code; and
627627 (2) an informal proceeding held in compliance with
628628 Section 2001.054, Government Code.
629629 (b) Rules adopted under this section must:
630630 (1) provide the complainant and the license holder
631631 with an opportunity to be heard; and
632632 (2) require the presence of a member of the executive
633633 council's legal staff or an attorney employed by the attorney
634634 general to advise the executive council or the executive council's
635635 employees.
636636 Sec. 506.306. ASSISTANCE IN DISCIPLINARY PROCEEDINGS. The
637637 executive council shall adopt rules establishing the manner in
638638 which the executive council will solicit input from and request the
639639 assistance of the applicable council or board for a profession
640640 regulated by the executive council under Chapter 110, 501, 502,
641641 503, or 505, regarding a disciplinary proceeding before the
642642 executive council involving an issue or complaint related to
643643 standards of care or ethical practice.
644644 SUBCHAPTER H. ADMINISTRATIVE PENALTY
645645 Sec. 506.351. IMPOSITION OF ADMINISTRATIVE PENALTY. The
646646 executive council may impose an administrative penalty on a person
647647 licensed or regulated by the executive council if the person
648648 violates this chapter, a law regulating the applicable profession,
649649 or an executive council rule.
650650 Sec. 506.352. AMOUNT OF PENALTY. (a) The amount of an
651651 administrative penalty may not exceed $5,000 for each violation.
652652 Each day a violation continues or occurs is a separate violation for
653653 purposes of imposing a penalty.
654654 (b) The amount of the penalty must be based on:
655655 (1) the seriousness of the violation, including:
656656 (A) the nature, circumstances, extent, and
657657 gravity of any prohibited act; and
658658 (B) the hazard or potential hazard created to the
659659 health, safety, or economic welfare of the public;
660660 (2) the economic harm to property or the environment
661661 caused by the violation;
662662 (3) the history of previous violations;
663663 (4) the amount necessary to deter a future violation;
664664 (5) efforts made to correct the violation; and
665665 (6) any other matter that justice may require.
666666 Sec. 506.353. NOTICE OF VIOLATION AND PENALTY. If the
667667 executive council determines that a violation occurred, the
668668 executive council shall give written notice of the violation to the
669669 person alleged to have committed the violation. The notice may be
670670 given by certified mail. The notice must:
671671 (1) include a brief summary of the alleged violation;
672672 (2) state the amount of the administrative penalty
673673 recommended by the executive council; and
674674 (3) inform the person of the person's right to a
675675 hearing on the occurrence of the violation, the amount of the
676676 penalty, or both.
677677 Sec. 506.354. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
678678 Not later than the 20th day after the date the person receives the
679679 notice under Section 506.353, the person may in writing:
680680 (1) accept the executive council's determination and
681681 recommended administrative penalty; or
682682 (2) request a hearing on the occurrence of the
683683 violation, the amount of the penalty, or both.
684684 (b) If the person accepts the executive council's
685685 determination and recommended penalty, the executive council shall
686686 issue an order and impose the recommended penalty.
687687 Sec. 506.355. HEARING. (a) If the person requests a
688688 hearing or fails to respond in a timely manner to the notice under
689689 Section 506.353, the executive council shall set a hearing and give
690690 written notice of the hearing to the person.
691691 (b) An administrative law judge of the State Office of
692692 Administrative Hearings shall hold the hearing.
693693 (c) The administrative law judge shall make findings of fact
694694 and conclusions of law and promptly issue to the executive council a
695695 proposal for a decision as to the occurrence of the violation and
696696 the amount of any proposed administrative penalty.
697697 Sec. 506.356. DECISION BY EXECUTIVE COUNCIL. (a) Based on
698698 the findings of fact, conclusions of law, and proposal for a
699699 decision, the executive council by order may determine that:
700700 (1) a violation occurred and impose an administrative
701701 penalty; or
702702 (2) a violation did not occur.
703703 (b) The executive council shall give notice of the order to
704704 the person. The notice must include a statement of the right of the
705705 person to judicial review of the order.
706706 Sec. 506.357. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
707707 (a) Not later than the 30th day after the date the executive
708708 council's order becomes final, the person shall:
709709 (1) pay the administrative penalty; or
710710 (2) file a petition for judicial review contesting the
711711 occurrence of the violation, the amount of the penalty, or both.
712712 (b) Within the 30-day period prescribed by Subsection (a), a
713713 person who files a petition for judicial review may:
714714 (1) stay enforcement of the penalty by:
715715 (A) paying the penalty to the court for placement
716716 in an escrow account; or
717717 (B) giving to the court a supersedeas bond
718718 approved by the court that is:
719719 (i) for the amount of the penalty; and
720720 (ii) effective until judicial review of the
721721 executive council's order is final; or
722722 (2) request the court to stay enforcement of the
723723 penalty by:
724724 (A) filing with the court a sworn affidavit of
725725 the person stating that the person is financially unable to pay the
726726 penalty and is financially unable to give the supersedeas bond; and
727727 (B) giving a copy of the affidavit to the
728728 executive council by certified mail.
729729 (c) If the executive council receives a copy of an affidavit
730730 under Subsection (b)(2), the executive council may file with the
731731 court a contest to the affidavit not later than the fifth day after
732732 the date the copy is received.
733733 (d) The court shall hold a hearing on the facts alleged in
734734 the affidavit as soon as practicable and shall stay the enforcement
735735 of the penalty on finding that the alleged facts are true. The
736736 person who files the affidavit has the burden of proving that the
737737 person is financially unable to pay the penalty or to give a
738738 supersedeas bond.
739739 Sec. 506.358. COLLECTION OF PENALTY. If the person does not
740740 pay the administrative penalty and enforcement of the penalty is
741741 not stayed, the executive council may refer the matter to the
742742 attorney general for collection of the penalty.
743743 Sec. 506.359. DETERMINATION BY COURT. (a) If the court
744744 sustains the determination that a violation has occurred, the court
745745 may uphold or reduce the amount of the administrative penalty and
746746 order the person to pay the full or reduced amount of the penalty.
747747 (b) If the court does not sustain the determination that a
748748 violation occurred, the court shall order that a penalty is not
749749 owed.
750750 Sec. 506.360. REMITTANCE OF PENALTY AND INTEREST. (a) If,
751751 after judicial review, the administrative penalty is reduced or not
752752 imposed by the court, the court shall, after the judgment becomes
753753 final:
754754 (1) order that the appropriate amount, plus accrued
755755 interest, be remitted to the person if the person paid the penalty;
756756 or
757757 (2) order the release of the bond:
758758 (A) if the person gave a supersedeas bond and the
759759 penalty is not imposed; or
760760 (B) after the person pays the penalty if the
761761 person gave a supersedeas bond and the penalty is reduced.
762762 (b) The interest paid under Subsection (a)(1) is the rate
763763 charged on loans to depository institutions by the New York Federal
764764 Reserve Bank. The interest shall be paid for the period beginning
765765 on the date the penalty is paid and ending on the date the penalty is
766766 remitted.
767767 Sec. 506.361. ADMINISTRATIVE PROCEDURE. A proceeding under
768768 this subchapter is subject to Chapter 2001, Government Code.
769769 SUBCHAPTER I. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
770770 Sec. 506.401. INJUNCTION. (a) In addition to any other
771771 action authorized by law, the executive council may institute an
772772 action to enjoin a violation of this chapter, a law regulating the
773773 applicable profession, or an executive council rule.
774774 (b) An action filed under this section must be filed in
775775 Travis County, the county of the defendant's residence, or the
776776 county in which any part of the violation occurred.
777777 (c) The attorney general or the appropriate county or
778778 district attorney shall represent the executive council in an
779779 action under this section.
780780 Sec. 506.402. CIVIL PENALTY. (a) A person who violates
781781 this chapter, a law regulating the applicable profession, or an
782782 executive council rule is liable to the state for a civil penalty
783783 not to exceed $1,000 for each day of violation.
784784 (b) At the request of the executive council, the attorney
785785 general shall bring an action to recover a civil penalty authorized
786786 under this section.
787787 Sec. 506.403. CEASE AND DESIST ORDER. (a) If it appears to
788788 the executive council that an unlicensed person is violating this
789789 chapter, a law regulating the applicable profession, or an
790790 executive council rule, the executive council, after notice and
791791 opportunity for a hearing, may issue a cease and desist order
792792 prohibiting the person from engaging in the activity.
793793 (b) A violation of an order under this section constitutes
794794 grounds for imposing an administrative penalty under Subchapter H.
795795 Sec. 506.404. MONITORING OF LICENSE HOLDER. The executive
796796 council by rule shall develop a system to monitor a license holder's
797797 compliance with applicable laws and executive council rules. Rules
798798 adopted under this section must include procedures to:
799799 (1) monitor for compliance a license holder who is
800800 ordered by the executive council to perform certain acts; and
801801 (2) identify and monitor each license holder who
802802 represents a risk to the public.
803803 ARTICLE 2. TRANSFER OF LICENSING PROGRAMS TO TEXAS BEHAVIORAL
804804 HEALTH EXECUTIVE COUNCIL
805805 SECTION 2.001. Sections 110.001(3) and (7), Occupations
806806 Code, are amended to read as follows:
807807 (3) "Executive council" ["Department"] means the
808808 Texas Behavioral Health Executive Council [Department of State
809809 Health Services].
810810 (7) "Sex offender treatment provider" means a person,
811811 licensed by the executive council and recognized based on training
812812 and experience to provide assessment and treatment to adult sex
813813 offenders or juveniles with sexual behavioral problems who have
814814 been convicted, adjudicated, awarded deferred adjudication, or
815815 referred by a state agency or a court, and licensed in this state to
816816 practice as a physician, psychiatrist, psychologist, psychological
817817 associate, provisionally licensed psychologist, licensed
818818 professional counselor, licensed professional counselor intern,
819819 licensed marriage and family therapist, licensed marriage and
820820 family associate, licensed clinical social worker, licensed master
821821 social worker under a clinical supervision plan approved by the
822822 executive council [Texas State Board of Social Worker Examiners],
823823 or advanced practice nurse recognized as a psychiatric clinical
824824 nurse specialist or psychiatric mental health nurse practitioner,
825825 who provides mental health or medical services for rehabilitation
826826 of sex offenders.
827827 SECTION 2.002. Section 110.051(a), Occupations Code, is
828828 amended to read as follows:
829829 (a) The council is administratively attached to the
830830 executive council [within the department]. The executive council
831831 shall provide the staff and facilities necessary to perform the
832832 duties of the council under this chapter or other law.
833833 SECTION 2.003. Sections 110.053(b), (c), and (d),
834834 Occupations Code, are amended to read as follows:
835835 (b) An officer, employee, or paid consultant of a Texas
836836 trade association in the field of sex offender treatment may not be
837837 a member of the council [and may not be an employee of the council
838838 who is exempt from the state's position classification plan or is
839839 compensated at or above the amount prescribed by the General
840840 Appropriations Act for step 1, salary group A17, of the position
841841 classification salary schedule].
842842 (c) A person who is the spouse of an officer, manager, or
843843 paid consultant of a Texas trade association in the field of sex
844844 offender treatment may not be a member of the council [and may not
845845 be an employee of the council who is exempt from the state's
846846 position classification plan or is compensated at or above the
847847 amount prescribed by the General Appropriations Act for step 1,
848848 salary group A17, of the position classification salary schedule].
849849 (d) A person may not serve as a member of the council [or act
850850 as the general counsel to the council] if the person is required to
851851 register as a lobbyist under Chapter 305, Government Code, because
852852 of the person's activities for compensation on behalf of a
853853 profession related to the operation of the council.
854854 SECTION 2.004. Section 110.056(c), Occupations Code, is
855855 amended to read as follows:
856856 (c) If the executive director of the executive council has
857857 knowledge that a potential ground for removal exists, the executive
858858 director shall notify the presiding officer of the council of the
859859 potential ground. The presiding officer shall then notify the
860860 governor and the attorney general that a potential ground for
861861 removal exists. If the potential ground for removal involves the
862862 presiding officer, the executive director shall notify the next
863863 highest ranking officer of the council, who shall notify the
864864 governor and the attorney general that a potential ground exists.
865865 SECTION 2.005. Section 110.057(b), Occupations Code, is
866866 amended to read as follows:
867867 (b) The council may hold additional meetings at the call of
868868 the presiding officer or as provided by executive council rule.
869869 SECTION 2.006. Section 110.059, Occupations Code, is
870870 amended to read as follows:
871871 Sec. 110.059. TRAINING. (a) A person who is appointed to
872872 and qualified for [To be eligible to take] office as a member of the
873873 council may not vote, deliberate, or be counted as a member in
874874 attendance at a meeting of the council until the [, a] person
875875 completes [appointed to the council must complete at least one
876876 course of] a training program that complies with this section. [If
877877 the person has not completed the training course at the time of the
878878 appointment, the person must complete the training program not
879879 later than six months after the date of appointment.]
880880 (b) The training program must provide the person with
881881 information [to a person] regarding:
882882 (1) the law governing [enabling legislation that
883883 created the] council operations;
884884 (2) the programs, [operated by the council;
885885 [(3) the role and] functions, [of the council;
886886 [(4) the] rules, and [of the council, with an emphasis
887887 on the rules relating to disciplinary and investigatory authority;
888888 [(5) the current] budget of [for] the council;
889889 (3) the scope of and limitations on the rulemaking
890890 authority of the council;
891891 (4) [(6)] the results of the most recent formal audit
892892 of the council;
893893 (5) [(7)] the requirements of:
894894 (A) laws relating to open meetings, public
895895 information, administrative procedure, and disclosing conflicts
896896 [Chapters 551, 552, and 2001, Government Code;
897897 [(8) the requirements of the conflict] of interest;
898898 and
899899 (B) other [laws and other] laws relating to the
900900 members of the council in performing their duties [public
901901 officials]; and
902902 (6) [(9)] any applicable ethics policies adopted by
903903 the council or the Texas Ethics Commission.
904904 (c) A person appointed to the council is entitled to
905905 reimbursement, as provided by the General Appropriations Act, for
906906 the travel expenses incurred in attending the training program
907907 regardless of whether the attendance at the program occurs before
908908 or after the person qualified for office [, as provided by the
909909 General Appropriations Act, as if the person were a member of the
910910 council].
911911 (d) The executive director of the executive council shall
912912 create a training manual that includes the information required by
913913 Subsection (b). The executive director shall distribute a copy of
914914 the training manual annually to each council member. On receipt of
915915 the training manual, each council member shall sign and submit to
916916 the executive director a statement acknowledging receipt of the
917917 training manual.
918918 SECTION 2.007. Subchapter D, Chapter 110, Occupations Code,
919919 is amended by adding Section 110.1515 to read as follows:
920920 Sec. 110.1515. COUNCIL DUTIES. The council shall propose
921921 to the executive council:
922922 (1) rules regarding:
923923 (A) the qualifications necessary to obtain a
924924 license, including rules limiting an applicant's eligibility for a
925925 license based on the applicant's criminal history;
926926 (B) the scope of practice of and standards of
927927 care and ethical practice for sex offender treatment; and
928928 (C) continuing education requirements for
929929 license holders; and
930930 (2) a schedule of sanctions for violations of this
931931 chapter or rules adopted under this chapter.
932932 SECTION 2.008. Chapter 110, Occupations Code, is amended by
933933 adding Subchapter D-1, and a heading is added to that subchapter to
934934 read as follows:
935935 SUBCHAPTER D-1. EXECUTIVE COUNCIL POWERS AND DUTIES
936936 SECTION 2.009. Sections 110.152, 110.154, 110.156,
937937 110.158, 110.161, 110.162, and 110.163, Occupations Code, are
938938 transferred to Subchapter D-1, Chapter 110, Occupations Code, as
939939 added by this Act, redesignated as Sections 110.171, 110.172,
940940 110.173, 110.174, 110.175, 110.176, and 110.177, Occupations Code,
941941 respectively, and amended to read as follows:
942942 Sec. 110.171 [110.152]. LIST AND LICENSE REQUIREMENTS. The
943943 executive council shall:
944944 (1) maintain a list of sex offender treatment
945945 providers under Section 110.175 [110.161]; and
946946 (2) develop and implement by rule under Subchapter G:
947947 (A) license requirements; and
948948 (B) procedures for sex offender treatment
949949 providers.
950950 Sec. 110.172 [110.154]. DISTRIBUTION OF MONEY. The
951951 executive council shall distribute money appropriated to the
952952 executive council by the legislature for that purpose to political
953953 subdivisions, private organizations, or other persons to be used
954954 for the development, operation, or evaluation of sex offender
955955 treatment programs.
956956 Sec. 110.173 [110.156]. ADJUDICATION INFORMATION. (a) The
957957 executive council shall establish a uniform method of obtaining
958958 adjudication information. The uniform method must require that:
959959 (1) a complete set of fingerprints, the complete name
960960 of the person being investigated, or other information necessary to
961961 conduct a criminal history background check be submitted to the
962962 Department of Public Safety or another law enforcement agency; and
963963 (2) if fingerprints are submitted, the fingerprints be
964964 submitted to the Federal Bureau of Investigation for further
965965 information if a relevant disqualifying record or other substantive
966966 information is not obtained from a state or local law enforcement
967967 agency.
968968 (b) A law enforcement agency may provide to the executive
969969 council information about the conviction or deferred adjudication
970970 of a person being investigated only if the information:
971971 (1) is relevant to the person's current or proposed
972972 registration; and
973973 (2) was collected in accordance with this section.
974974 (c) The executive council is not entitled to adjudication
975975 information that is not relevant. Adjudication information is
976976 relevant only if it relates to a conviction or deferred
977977 adjudication for:
978978 (1) a sexual offense;
979979 (2) murder, assault, battery, or any other offense
980980 involving personal injury or threat to another person; or
981981 (3) a felony not listed in Subdivision (1) or (2).
982982 (d) All adjudication information received by the executive
983983 council is privileged information and for the exclusive use of the
984984 executive council. The information may be released or otherwise
985985 disclosed to any other person or agency only:
986986 (1) on court order; or
987987 (2) with the consent of the person being investigated.
988988 (e) The executive council by rule shall establish a method
989989 to collect and destroy adjudication information after the executive
990990 council makes a decision on the eligibility of the person for
991991 registration who is the subject of the information. The executive
992992 council shall destroy the adjudication information not later than
993993 the first anniversary of the date of the executive council's
994994 decision on the person's eligibility for registration.
995995 Sec. 110.174 [110.158]. APPLICATION OF RULES [RULEMAKING].
996996 [(a) The council may adopt rules consistent with this chapter. In
997997 adopting rules, the council shall:
998998 [(1) consider the rules and procedures of the
999999 department; and
10001000 [(2) adopt procedural rules consistent with similar
10011001 existing rules and procedures of the department.
10021002 [(b)] A sex offender treatment provider licensed under this
10031003 chapter is subject to the rules of the executive council, in
10041004 relation to the person's provision of sex offender treatment,
10051005 rather than the rules of the licensing entity by which the provider
10061006 is licensed or otherwise regulated. A sex offender treatment
10071007 provider who acts in conformance with the rules, policies, and
10081008 procedures of the executive council is not subject to any
10091009 administrative sanction against the provider by the licensing
10101010 entity by which the provider is licensed or otherwise regulated.
10111011 Sec. 110.175 [110.161]. PUBLICATION OF LIST. (a) The
10121012 executive council shall prepare annually a list of sex offender
10131013 treatment providers.
10141014 (b) The executive council by rule shall establish
10151015 procedures for developing and distributing the list of sex offender
10161016 treatment providers.
10171017 (c) The executive council, on request, shall make the list
10181018 of sex offender treatment providers available on payment of a
10191019 reasonable fee in an amount sufficient to cover the costs of
10201020 printing and distribution.
10211021 Sec. 110.176 [110.162]. CONFIDENTIALITY REQUIRED. The
10221022 executive council and the staff and consultants employed by the
10231023 executive council shall keep confidential any record relating to
10241024 the identity, examination, diagnosis, prognosis, or treatment of a
10251025 sex offender.
10261026 Sec. 110.177 [110.163]. GRANTS AND DONATIONS. The
10271027 executive council may apply for and accept on behalf of the state a
10281028 grant or donation from any source to be used by the executive
10291029 council to perform its duties under this chapter.
10301030 SECTION 2.010. Subchapter D-1, Chapter 110, Occupations
10311031 Code, as added by this Act, is amended by adding Section 110.178 to
10321032 read as follows:
10331033 Sec. 110.178. DISCLOSURE OF CERTAIN INFORMATION.
10341034 Notwithstanding Section 506.205, information and material compiled
10351035 by the executive council in connection with a complaint or
10361036 investigation under this chapter may be disclosed to the following
10371037 entities in addition to the entities listed in Section 506.205(b):
10381038 (1) professional sex offender treatment provider
10391039 licensing or disciplinary boards in other jurisdictions; or
10401040 (2) an approved peer assistance program, as defined by
10411041 Section 467.001, Health and Safety Code.
10421042 SECTION 2.011. Sections 110.302(a) and (b), Occupations
10431043 Code, are amended to read as follows:
10441044 (a) The executive council by rule shall develop procedures
10451045 and eligibility and other requirements for issuance of a license
10461046 under this chapter, including, if appropriate, requirements
10471047 related to clinical practice experience and assessment, continuing
10481048 education, and supervision.
10491049 (b) In developing the rules, the executive council shall
10501050 coordinate with the Texas Department of Criminal Justice and the
10511051 Texas Juvenile Justice Department.
10521052 SECTION 2.012. Section 110.303, Occupations Code, is
10531053 amended to read as follows:
10541054 Sec. 110.303. LICENSE OF OUT-OF-STATE APPLICANTS. The
10551055 executive council may waive any prerequisite to a license for an
10561056 applicant after reviewing the applicant's credentials and
10571057 determining that the applicant holds a valid license from another
10581058 state that has license requirements substantially equivalent to
10591059 those of this state.
10601060 SECTION 2.013. Section 110.304, Occupations Code, is
10611061 amended to read as follows:
10621062 Sec. 110.304. CONVICTION OR DEFERRED ADJUDICATION
10631063 INFORMATION. The executive council may receive from a law
10641064 enforcement agency information about the conviction or deferred
10651065 adjudication of a person who has applied for a license or renewal of
10661066 a license.
10671067 SECTION 2.014. Section 110.305(a), Occupations Code, is
10681068 amended to read as follows:
10691069 (a) The executive council by rule may adopt a system under
10701070 which licenses expire on various dates during the year.
10711071 SECTION 2.015. Section 110.309, Occupations Code, is
10721072 amended to read as follows:
10731073 Sec. 110.309. DENIAL OF LICENSE. The executive council may
10741074 deny an application for a license if:
10751075 (1) the executive council determines that a previous
10761076 criminal conviction or deferred adjudication indicates the
10771077 applicant is not qualified or suitable; or
10781078 (2) the applicant fails to provide the information
10791079 described by Section 110.173(a)(1) [110.156(a)(1)].
10801080 SECTION 2.016. Section 110.351, Occupations Code, is
10811081 amended to read as follows:
10821082 Sec. 110.351. DISCIPLINARY POWERS OF EXECUTIVE COUNCIL.
10831083 The executive council shall take disciplinary action under
10841084 Subchapter G, Chapter 506, against [revoke, suspend, or refuse to
10851085 renew a license, place on probation a person whose license has been
10861086 suspended, or reprimand] a person who is licensed under this
10871087 chapter if the person violates this chapter or a rule adopted under
10881088 this chapter [of the council].
10891089 SECTION 2.017. Section 110.402(a), Occupations Code, is
10901090 amended to read as follows:
10911091 (a) A person commits an offense if the person releases or
10921092 discloses in violation of Section 110.173 [110.156] adjudication
10931093 information received by the executive council.
10941094 SECTION 2.018. Section 501.002, Occupations Code, is
10951095 amended by adding Subdivision (1-a) to read as follows:
10961096 (1-a) "Executive council" means the Texas Behavioral
10971097 Health Executive Council.
10981098 SECTION 2.019. The heading to Section 501.053, Occupations
10991099 Code, is amended to read as follows:
11001100 Sec. 501.053. MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
11011101 SECTION 2.020. Sections 501.053(b) and (c), Occupations
11021102 Code, are amended to read as follows:
11031103 (b) A person may not be a member of the board [and may not be
11041104 a board employee employed in a "bona fide executive,
11051105 administrative, or professional capacity," as that phrase is used
11061106 for purposes of establishing an exemption to the overtime
11071107 provisions of the federal Fair Labor Standards Act of 1938 (29
11081108 U.S.C. Section 201 et seq.)] if:
11091109 (1) the person is an officer, employee, or paid
11101110 consultant of a Texas trade association in the field of health
11111111 services; or
11121112 (2) the person's spouse is an officer, manager, or paid
11131113 consultant of a Texas trade association in the field of mental
11141114 health.
11151115 (c) A person may not be a member of the board [or act as the
11161116 general counsel to the board] if the person is required to register
11171117 as a lobbyist under Chapter 305, Government Code, because of the
11181118 person's activities for compensation on behalf of a profession
11191119 related to the operation of the board.
11201120 SECTION 2.021. Section 501.055(c), Occupations Code, is
11211121 amended to read as follows:
11221122 (c) If the executive director of the executive council has
11231123 knowledge that a potential ground for removal exists, the executive
11241124 director shall notify the presiding officer of the board of the
11251125 potential ground. The presiding officer shall then notify the
11261126 governor and the attorney general that a potential ground for
11271127 removal exists. If the potential ground for removal involves the
11281128 presiding officer, the executive director shall notify the next
11291129 highest ranking officer of the board, who shall then notify the
11301130 governor and the attorney general that a potential ground for
11311131 removal exists.
11321132 SECTION 2.022. Section 501.059, Occupations Code, is
11331133 amended by amending Subsection (b) and adding Subsection (d) to
11341134 read as follows:
11351135 (b) The training program must provide the person with
11361136 information regarding:
11371137 (1) the law governing board operations;
11381138 (2) [this chapter and] the programs, functions, rules,
11391139 and budget of the board;
11401140 (3) the scope of and limitations on the rulemaking
11411141 authority of the board;
11421142 (4) [(2)] the results of the most recent formal audit
11431143 of the board;
11441144 (5) [(3)] the requirements of:
11451145 (A) laws relating to open meetings, public
11461146 information, administrative procedure, and disclosing conflicts of
11471147 interest; and
11481148 (B) other laws applicable to members of the board
11491149 in performing their duties; and
11501150 (6) [(4)] any applicable ethics policies adopted by
11511151 the board or the Texas Ethics Commission.
11521152 (d) The executive director of the executive council shall
11531153 create a training manual that includes the information required by
11541154 Subsection (b). The executive director shall distribute a copy of
11551155 the training manual annually to each board member. On receipt of
11561156 the training manual, each board member shall sign and submit to the
11571157 executive director a statement acknowledging receipt of the
11581158 training manual.
11591159 SECTION 2.023. The heading to Subchapter D, Chapter 501,
11601160 Occupations Code, is amended to read as follows:
11611161 SUBCHAPTER D. [BOARD] POWERS AND DUTIES
11621162 SECTION 2.024. The heading to Section 501.151, Occupations
11631163 Code, is amended to read as follows:
11641164 Sec. 501.151. GENERAL POWERS AND DUTIES OF EXECUTIVE
11651165 COUNCIL.
11661166 SECTION 2.025. Sections 501.151(c) and (d), Occupations
11671167 Code, are amended to read as follows:
11681168 (c) The executive council [board] shall adopt and publish a
11691169 code of ethics under this chapter.
11701170 (d) The executive council [board] may certify the specialty
11711171 of health service providers under this chapter.
11721172 SECTION 2.026. Subchapter D, Chapter 501, Occupations Code,
11731173 is amended by adding Section 501.1515 to read as follows:
11741174 Sec. 501.1515. BOARD DUTIES. The board shall propose to the
11751175 executive council:
11761176 (1) rules regarding:
11771177 (A) the qualifications necessary to obtain a
11781178 license, including rules limiting an applicant's eligibility for a
11791179 license based on the applicant's criminal history;
11801180 (B) the scope of practice of and standards of
11811181 care and ethical practice for psychology; and
11821182 (C) continuing education requirements for
11831183 license holders; and
11841184 (2) a schedule of sanctions for violations of this
11851185 chapter or rules adopted under this chapter.
11861186 SECTION 2.027. Section 501.154, Occupations Code, is
11871187 amended to read as follows:
11881188 Sec. 501.154. ANNUAL LISTING. (a) The executive council
11891189 [board] shall publish annually a list of all psychologists licensed
11901190 under this chapter. The list shall be provided in both alphabetical
11911191 and geographical arrangements.
11921192 (b) The list must contain the name and address of each
11931193 psychologist and other information that the executive council
11941194 [board] requires.
11951195 (c) The executive council [board] shall:
11961196 (1) mail a copy of the list to each person licensed
11971197 under this chapter; and
11981198 (2) furnish copies to the public on request.
11991199 SECTION 2.028. Section 501.155, Occupations Code, is
12001200 amended to read as follows:
12011201 Sec. 501.155. VOLUNTARY GUIDELINES. (a) The executive
12021202 council [board] may cooperate with an agency that is not subject to
12031203 this chapter to formulate voluntary guidelines to be observed in
12041204 the training, activities, and supervision of persons who perform
12051205 psychological services.
12061206 (b) Except as provided by Subsection (a), the executive
12071207 council [board] may not adopt a rule that relates to the
12081208 administration of an agency that is not subject to this chapter.
12091209 SECTION 2.029. Section 501.158, Occupations Code, is
12101210 amended to read as follows:
12111211 Sec. 501.158. COMPETENCY REQUIREMENTS. (a) This section
12121212 applies to a person who is:
12131213 (1) applying to take the [provisional] license
12141214 examination;
12151215 (2) applying for a license or license renewal;
12161216 (3) currently licensed under this chapter [by the
12171217 board]; or
12181218 (4) otherwise providing psychological services under
12191219 a license approved by the executive council under this chapter
12201220 [board].
12211221 (b) On a determination by the executive council [board]
12221222 based on the executive council's [board's] reasonable belief that a
12231223 person is not physically and mentally competent to provide
12241224 psychological services with reasonable skill and safety to patients
12251225 or has a physical or mental disease or condition that would impair
12261226 the person's competency to provide psychological services, the
12271227 executive council [board] may request the person to submit to:
12281228 (1) a physical examination by a physician approved by
12291229 the executive council [board]; or
12301230 (2) a mental examination by a physician or
12311231 psychologist approved by the executive council [board].
12321232 (c) The executive council [board] shall issue an order
12331233 requiring a [an applicant or] person [seeking renewal of a
12341234 provisional license] who refuses to submit to an examination under
12351235 this section to show cause for the person's refusal at a hearing on
12361236 the order scheduled for not later than the 30th day after the date
12371237 notice is served on the person. The executive council [board] shall
12381238 provide notice under this section by personal service or by
12391239 registered mail, return receipt requested.
12401240 (d) At the hearing, the person may appear in person and by
12411241 counsel and present evidence to justify the person's refusal to
12421242 submit to examination. After the hearing, the executive council
12431243 [board] shall issue an order requiring the person to submit to
12441244 examination under this section or withdrawing the request for the
12451245 examination.
12461246 (e) Unless the request is withdrawn, the executive council
12471247 may take disciplinary action against a person who refuses to submit
12481248 to the physical or mental examination [may not take the provisional
12491249 license examination or renew the person's license, as appropriate].
12501250 (f) An appeal from the executive council's [board's] order
12511251 under this section is governed by Chapter 2001, Government Code.
12521252 SECTION 2.030. Section 501.252(a), Occupations Code, is
12531253 amended to read as follows:
12541254 (a) To be licensed under this chapter, a person must apply
12551255 to the executive council [board] for a license. The executive
12561256 council [board] shall issue a license to an applicant who:
12571257 (1) is qualified for the license under Section
12581258 501.2525 [complies with this section]; and
12591259 (2) pays the fee set by the executive council [board].
12601260 SECTION 2.031. Section 501.255, Occupations Code, is
12611261 redesignated as Section 501.2525, Occupations Code, and amended to
12621262 read as follows:
12631263 Sec. 501.2525 [501.255]. [PROVISIONAL] LICENSE
12641264 [EXAMINATION] QUALIFICATIONS. (a) An applicant is qualified [may
12651265 take an examination] for a [provisional] license under this chapter
12661266 if the applicant:
12671267 (1) has received:
12681268 (A) a doctoral degree in psychology from a
12691269 regionally accredited educational institution conferred on or
12701270 after January 1, 1979; or
12711271 (B) a doctoral degree in psychology, or the
12721272 substantial equivalent of a doctoral degree in psychology in both
12731273 subject matter and extent of training, from a regionally accredited
12741274 educational institution conferred before January 1, 1979;
12751275 (2) except as provided by Section 501.253, has:
12761276 (A) at least two years of supervised experience
12771277 in the field of psychological services; and
12781278 (B) passed any examination required by Section
12791279 501.256;
12801280 (3) has attained the age of majority;
12811281 [(3) has good moral character;]
12821282 (4) is physically and mentally competent to provide
12831283 psychological services with reasonable skill and safety, as
12841284 determined by the executive council [board];
12851285 (5) is not afflicted with a mental or physical disease
12861286 or condition that would impair the applicant's competency to
12871287 provide psychological services;
12881288 (6) has not been convicted of a crime involving moral
12891289 turpitude or a felony;
12901290 (7) does not use drugs or alcohol to an extent that
12911291 affects the applicant's professional competency;
12921292 (8) has not engaged in fraud or deceit in making the
12931293 application; and
12941294 (9) except as provided by Section 501.263, has not:
12951295 (A) aided or abetted the practice of psychology
12961296 by a person not licensed under this chapter in representing that the
12971297 person is licensed under this chapter;
12981298 (B) represented that the applicant is licensed
12991299 under this chapter to practice psychology when the applicant is not
13001300 licensed; or
13011301 (C) practiced psychology in this state without a
13021302 license under this chapter or without being exempt under this
13031303 chapter.
13041304 (b) In determining under Subsection (a)(1)(B) whether a
13051305 degree is substantially equivalent to a doctoral degree in
13061306 psychology, the executive council [board] shall consider whether,
13071307 at the time the degree was conferred, the doctoral program met the
13081308 prevailing standards for training in the area of psychology,
13091309 including standards for training in clinical, school, and
13101310 industrial counseling.
13111311 (c) For purposes of Subsection (a)(2)(A), experience is
13121312 supervised only if the experience is supervised by a psychologist
13131313 in the manner provided by the executive council's supervision
13141314 guidelines. To determine the acceptability of an applicant's
13151315 experience, the executive council may require documentary evidence
13161316 of the quality, scope, and nature of the applicant's experience.
13171317 SECTION 2.032. Section 501.253, Occupations Code, is
13181318 amended to read as follows:
13191319 Sec. 501.253. PROVISIONAL STATUS FOR CERTAIN APPLICANTS
13201320 [LICENSE]. (a) The executive council may [board shall] issue a
13211321 [provisional] license with a provisional status to an applicant who
13221322 has not satisfied the experience or examination requirements of
13231323 Section 501.2525(a)(2) but is otherwise qualified for the license
13241324 under Section 501.2525 [:
13251325 [(1) passed the examinations prescribed by the board;
13261326 [(2) satisfied the preliminary requirements of
13271327 Sections 501.254 and 501.255; and
13281328 [(3) paid the fee for a provisional license].
13291329 (b) A [provisional] license holder described by Subsection
13301330 (a) is entitled to practice psychology under the supervision of a
13311331 psychologist to meet the requirements for issuance of a license
13321332 under Section 501.2525, except that if the [501.252. A
13331333 provisional] license holder [who] is licensed in another state to
13341334 independently practice psychology and is in good standing in that
13351335 state, the license holder [and who seeks a license in this state] is
13361336 entitled to practice psychology without the supervision of a
13371337 psychologist [during the time that the board is processing the
13381338 person's application for a license].
13391339 (c) The executive council [board] shall adopt rules that
13401340 apply to a [provisional] license holder described by Subsection (a)
13411341 [holders] identifying:
13421342 (1) the activities that the license holder [holders]
13431343 may engage in; and
13441344 (2) services that may be provided by the license
13451345 holder [holders].
13461346 (d) The executive council [board] may refuse to renew a [the
13471347 provisional] license issued under Subsection (a) if the license
13481348 holder [of a person who] does not meet the requirements prescribed
13491349 by Section 501.2525(a)(2) [501.255].
13501350 (e) The executive council [board] may not restrict the
13511351 issuance of a license [or provisional license] to an applicant who
13521352 is licensed in another state to independently practice psychology
13531353 and is in good standing in that state based on the number of years
13541354 the applicant has been licensed in good standing in that state.
13551355 [(f) If an applicant who is licensed in another state to
13561356 independently practice psychology and is in good standing in that
13571357 state presents credentials from a national accreditation
13581358 organization to the board and the board determines that the
13591359 requirements for obtaining those credentials from that
13601360 organization are sufficient to protect the public, the board may
13611361 issue a provisional license to the applicant. An applicant who
13621362 obtains a provisional license under this subsection must have
13631363 passed the examination described by Section 501.256(b)(2).]
13641364 SECTION 2.033. Sections 501.256(a), (b), (c), and (d),
13651365 Occupations Code, are amended to read as follows:
13661366 (a) The executive council [board] shall administer to
13671367 qualified applicants at least annually any [the oral and] written
13681368 examination required by executive council [board] rules. An [The
13691369 board shall have the written portion of the] examination must be [,
13701370 if any,] validated by an independent testing professional.
13711371 (b) The executive council [board] shall determine the
13721372 subject and scope of each examination [the examinations] and
13731373 establish appropriate fees for examinations administered. The
13741374 examination must test the applicant's knowledge of:
13751375 (1) the discipline and profession of psychology; and
13761376 (2) the laws and rules governing the profession of
13771377 psychology in this state.
13781378 (c) The executive council [board] may waive the discipline
13791379 and professional segment of the examination requirement for an
13801380 applicant who:
13811381 (1) is a specialist of the American Board of
13821382 Professional Psychology; or
13831383 (2) in the executive council's [board's] judgment, has
13841384 demonstrated competence in the areas covered by the examination.
13851385 (d) The contents of the examination described by Subsection
13861386 (b)(2) are the jurisprudence examination. The executive council
13871387 [board] shall administer and each applicant must pass the
13881388 jurisprudence examination before the executive council [board] may
13891389 issue a [provisional] license.
13901390 SECTION 2.034. Section 501.259, Occupations Code, is
13911391 amended to read as follows:
13921392 Sec. 501.259. LICENSING OF PSYCHOLOGICAL ASSOCIATE. (a)
13931393 The executive council [board] shall set standards for the issuance
13941394 of licenses to psychological personnel who hold a master's degree
13951395 from an accredited university or college in a program that is
13961396 primarily psychological in nature.
13971397 (b) The executive council [board] shall designate a person
13981398 who holds a license authorized by this section by a title that
13991399 includes the adjective "psychological" followed by a noun such as
14001400 "associate," "assistant," "examiner," or "technician."
14011401 SECTION 2.035. Sections 501.260(a) and (b), Occupations
14021402 Code, are amended to read as follows:
14031403 (a) The executive council [board] by rule shall issue a
14041404 license to a licensed specialist in school psychology. A license
14051405 issued under this section constitutes the appropriate credential
14061406 for a person who provides psychological services as required by
14071407 Section 21.003(b), Education Code.
14081408 (b) The executive council [board] shall set the standards to
14091409 qualify for a license under this section. The standards must
14101410 include:
14111411 (1) satisfaction of minimum recognized graduate
14121412 degree requirements;
14131413 (2) completion of graduate course work at a regionally
14141414 accredited institution of higher education in:
14151415 (A) psychological foundations;
14161416 (B) educational foundations;
14171417 (C) interventions;
14181418 (D) assessments; and
14191419 (E) professional issues and ethics;
14201420 (3) completion of at least 1,200 hours of supervised
14211421 experience;
14221422 (4) receipt of a passing score on a nationally
14231423 recognized qualifying examination determined to be appropriate by
14241424 the executive council [board] and on any other examination required
14251425 by the executive council [board]; and
14261426 (5) satisfaction of the requirements under Sections
14271427 501.2525(a)(3)-(9), other than the degree requirements [, for an
14281428 applicant to take an examination for a provisional license].
14291429 SECTION 2.036. Section 501.262, Occupations Code, is
14301430 amended to read as follows:
14311431 Sec. 501.262. RECIPROCAL LICENSE. The executive council
14321432 [board] may enter into and implement agreements with other
14331433 jurisdictions for the issuance of a license by reciprocity if the
14341434 other jurisdiction's requirements for licensing, certification, or
14351435 registration are substantially equal to the requirements of this
14361436 chapter.
14371437 SECTION 2.037. Sections 501.263(a), (b), (c), and (e),
14381438 Occupations Code, are amended to read as follows:
14391439 (a) The executive council [board] may issue a temporary
14401440 license to an applicant seeking to practice in this state for a
14411441 limited time and limited purpose if the applicant:
14421442 (1) pays the required application fee;
14431443 (2) submits an application to the executive council
14441444 [board] in the form prescribed by the executive council [board];
14451445 (3) is licensed, certified, or registered as a
14461446 psychologist or psychological associate by another state having
14471447 requirements substantially equal to those prescribed by this
14481448 chapter;
14491449 (4) is in good standing with the regulatory agency of
14501450 the jurisdiction in which the person is licensed, certified, or
14511451 registered;
14521452 (5) is supervised by a person licensed [by the board]
14531453 under this chapter with whom the temporary license holder may
14541454 consult during the time the person holds a temporary license; and
14551455 (6) has passed an examination recognized by the
14561456 executive council [board] as equivalent to the examination required
14571457 [by the board] for a permanent license under this chapter.
14581458 (b) A temporary license is valid only for the period
14591459 specified by the executive council [board] and for the limited
14601460 purpose approved by the executive council [board].
14611461 (c) The executive council [board] may adopt rules to issue a
14621462 temporary license to a person who holds a license or the equivalent
14631463 from another country.
14641464 (e) A person holding a temporary license issued under this
14651465 chapter shall display a sign indicating that the license is
14661466 temporary. The sign must be approved by the executive council
14671467 [board] and displayed in every room in which the person provides
14681468 psychological services.
14691469 SECTION 2.038. Section 501.264(a), Occupations Code, is
14701470 amended to read as follows:
14711471 (a) A psychologist may place the psychologist's license on
14721472 inactive status by applying to the executive council [board] and
14731473 paying a fee established by the executive council [board].
14741474 SECTION 2.039. Section 501.301, Occupations Code, is
14751475 amended to read as follows:
14761476 Sec. 501.301. LICENSE EXPIRATION AND RENEWAL. (a) The
14771477 executive council shall adopt rules providing for the expiration
14781478 and renewal of a [A] license issued under this chapter. The rules
14791479 must require a license be renewed annually or biennially [expires
14801480 on December 31 of the year following the date the license is issued
14811481 or renewed. A license of a psychological associate expires on May
14821482 31 of the year following the date the license is issued or renewed].
14831483 (b) The executive council [board] by rule may adopt a system
14841484 under which licenses expire on various dates during the year. For a
14851485 year in which the expiration date is changed, the executive council
14861486 [board] shall prorate the licensing fee so that each license holder
14871487 pays only the portion of the fee that is allocable to the number of
14881488 months during which the license is valid. On renewal of the license
14891489 on the new expiration date, the entire licensing fee is payable.
14901490 SECTION 2.040. Sections 501.351(a) and (c), Occupations
14911491 Code, are amended to read as follows:
14921492 (a) A psychologist licensed under this chapter may delegate
14931493 to a [provisionally licensed] psychologist who holds a license
14941494 described by Section 501.253, a newly licensed psychologist who is
14951495 not eligible for managed care panels, a person who holds a temporary
14961496 license issued under Section 501.263, or a person enrolled in a
14971497 formal internship as provided by executive council [board] rules [,
14981498 and a person who satisfies Section 501.255(a) and is in the process
14991499 of acquiring the supervised experience required by Section
15001500 501.252(b)(2)] any psychological test or service that a reasonable
15011501 and prudent psychologist could delegate within the scope of sound
15021502 psychological judgment if the psychologist determines that:
15031503 (1) the test or service can be properly and safely
15041504 performed by the person;
15051505 (2) the person does not represent to the public that
15061506 the person is authorized to practice psychology; and
15071507 (3) the test or service will be performed in the
15081508 customary manner and in compliance with any other law.
15091509 (c) The executive council [board] may determine whether:
15101510 (1) a psychological test or service may be properly
15111511 and safely delegated under this section; and
15121512 (2) a delegated act constitutes the practice of
15131513 psychology under this chapter.
15141514 SECTION 2.041. Section 501.401, Occupations Code, is
15151515 amended to read as follows:
15161516 Sec. 501.401. GROUNDS FOR DISCIPLINARY ACTION. The
15171517 executive council [board] shall take disciplinary action under
15181518 Subchapter G, Chapter 506, against [revoke or suspend a holder's
15191519 license, place on probation a person whose license has been
15201520 suspended, or reprimand] a license holder who:
15211521 (1) violates this chapter or a rule adopted under this
15221522 chapter [by the board];
15231523 (2) is convicted of a felony or of any offense that
15241524 would be a felony under the laws of this state, or of a violation of
15251525 a law involving moral turpitude;
15261526 (3) uses drugs or alcohol to an extent that affects the
15271527 person's professional competency;
15281528 (4) engages in fraud or deceit in connection with
15291529 services provided as a psychologist;
15301530 (5) except as provided by Section 501.263:
15311531 (A) aids or abets the practice of psychology by a
15321532 person not licensed under this chapter in representing that the
15331533 person is licensed under this chapter;
15341534 (B) represents that the person is licensed under
15351535 this chapter to practice psychology when the person is not
15361536 licensed; or
15371537 (C) practices psychology in this state without a
15381538 license under this chapter or without being qualified for an
15391539 exemption under Section 501.004; or
15401540 (6) commits an act for which liability exists under
15411541 Chapter 81, Civil Practice and Remedies Code.
15421542 SECTION 2.042. Section 501.407, Occupations Code, is
15431543 amended to read as follows:
15441544 Sec. 501.407. REMEDIAL CONTINUING EDUCATION. The executive
15451545 council [board] may require a license holder who violates this
15461546 chapter to participate in a continuing education program. The
15471547 executive council [board] shall specify the continuing education
15481548 program that the person may attend and the number of hours that the
15491549 person must complete to fulfill the requirements of this section.
15501550 SECTION 2.043. Section 501.408, Occupations Code, is
15511551 amended to read as follows:
15521552 Sec. 501.408. CORRECTIVE ADVERTISING. The executive
15531553 council [board] may order corrective advertising if a psychologist,
15541554 individually or under an assumed name, engages in false,
15551555 misleading, or deceptive advertising.
15561556 SECTION 2.044. Subchapter I, Chapter 501, Occupations Code,
15571557 is amended by adding Section 501.411 to read as follows:
15581558 Sec. 501.411. REMEDIAL PLAN. (a) The executive council may
15591559 issue and establish the terms of a remedial plan to resolve the
15601560 investigation of a complaint filed under this chapter.
15611561 (b) The executive council by rule shall establish the types
15621562 of complaints or violations that may be resolved with a remedial
15631563 plan. The rules must provide that a remedial plan may not be
15641564 imposed to resolve a complaint:
15651565 (1) involving conduct that poses a significant risk of
15661566 harm to a patient; or
15671567 (2) in which the appropriate resolution may involve
15681568 revoking, suspending, limiting, or restricting a person's license.
15691569 (c) A remedial plan may not contain a provision that:
15701570 (1) revokes, suspends, limits, or restricts a person's
15711571 license; or
15721572 (2) assesses an administrative penalty against a
15731573 person.
15741574 (d) The executive council may not issue a remedial plan to
15751575 resolve a complaint against a license holder if the license holder
15761576 has previously entered into a remedial plan with the executive
15771577 council for the resolution of a different complaint filed under
15781578 this chapter.
15791579 (e) The executive council may assess a fee against a license
15801580 holder participating in a remedial plan in an amount necessary to
15811581 recover the costs of administering the plan.
15821582 SECTION 2.045. Section 501.505, Occupations Code, is
15831583 amended to read as follows:
15841584 Sec. 501.505. OPTION TO ORDER REFUND. (a) Under an
15851585 agreement resulting from an informal settlement conference, the
15861586 executive council [board] may order a license holder to refund to
15871587 the person who paid for the psychological services at issue an
15881588 amount not to exceed the amount the person paid to the license
15891589 holder for a service regulated by this chapter instead of or in
15901590 addition to imposing an administrative penalty under this chapter.
15911591 (b) The executive council [board] may not include an
15921592 estimation of other damages or harm in a refund order.
15931593 SECTION 2.046. Chapter 501, Occupations Code, is amended by
15941594 adding Subchapter L to read as follows:
15951595 SUBCHAPTER L. PSYCHOLOGY INTERJURISDICTIONAL COMPACT
15961596 Sec. 501.601. PSYCHOLOGY INTERJURISDICTIONAL COMPACT. The
15971597 Psychology Interjurisdictional Compact is enacted and entered into
15981598 as follows:
15991599 PSYCHOLOGY INTERJURISDICTIONAL COMPACT
16001600 ARTICLE I. PURPOSE
16011601 Whereas, states license psychologists, in order to protect the
16021602 public through verification of education, training and experience
16031603 and ensure accountability for professional practice; and
16041604 Whereas, this Compact is intended to regulate the day to day
16051605 practice of telepsychology (i.e. the provision of psychological
16061606 services using telecommunication technologies) by psychologists
16071607 across state boundaries in the performance of their psychological
16081608 practice as assigned by an appropriate authority; and
16091609 Whereas, this Compact is intended to regulate the temporary
16101610 in-person, face-to-face practice of psychology by psychologists
16111611 across state boundaries for 30 days within a calendar year in the
16121612 performance of their psychological practice as assigned by an
16131613 appropriate authority;
16141614 Whereas, this Compact is intended to authorize State Psychology
16151615 Regulatory Authorities to afford legal recognition, in a manner
16161616 consistent with the terms of the Compact, to psychologists licensed
16171617 in another state;
16181618 Whereas, this Compact recognizes that states have a vested interest
16191619 in protecting the public's health and safety through their
16201620 licensing and regulation of psychologists and that such state
16211621 regulation will best protect public health and safety;
16221622 Whereas, this Compact does not apply when a psychologist is
16231623 licensed in both the Home and Receiving States; and
16241624 Whereas, this Compact does not apply to permanent in-person,
16251625 face-to-face practice, it does allow for authorization of temporary
16261626 psychological practice.
16271627 Consistent with these principles, this Compact is designed to
16281628 achieve the following purposes and objectives:
16291629 1. Increase public access to professional psychological
16301630 services by allowing for telepsychological practice across
16311631 state lines as well as temporary in-person, face-to-face
16321632 services into a state which the psychologist is not licensed to
16331633 practice psychology;
16341634 2. Enhance the states' ability to protect the public's
16351635 health and safety, especially client/patient safety;
16361636 3. Encourage the cooperation of Compact States in the
16371637 areas of psychology licensure and regulation;
16381638 4. Facilitate the exchange of information between
16391639 Compact States regarding psychologist licensure, adverse
16401640 actions and disciplinary history;
16411641 5. Promote compliance with the laws governing
16421642 psychological practice in each Compact State; and
16431643 6. Invest all Compact States with the authority to hold
16441644 licensed psychologists accountable through the mutual
16451645 recognition of Compact State licenses.
16461646 ARTICLE II. DEFINITIONS
16471647 A. "Adverse Action" means: Any action taken by a State Psychology
16481648 Regulatory Authority which finds a violation of a statute or
16491649 regulation that is identified by the State Psychology
16501650 Regulatory Authority as discipline and is a matter of public
16511651 record.
16521652 B. "Association of State and Provincial Psychology Boards
16531653 (ASPPB)" means: the recognized membership organization
16541654 composed of State and Provincial Psychology Regulatory
16551655 Authorities responsible for the licensure and registration of
16561656 psychologists throughout the United States and Canada.
16571657 C. "Authority to Practice Interjurisdictional Telepsychology"
16581658 means: a licensed psychologist's authority to practice
16591659 telepsychology, within the limits authorized under this
16601660 Compact, in another Compact State.
16611661 D. "Bylaws" means: those Bylaws established by the Psychology
16621662 Interjurisdictional Compact Commission pursuant to Section X
16631663 for its governance, or for directing and controlling its
16641664 actions and conduct.
16651665 E. "Client/Patient" means: the recipient of psychological
16661666 services, whether psychological services are delivered in the
16671667 context of healthcare, corporate, supervision, and/or
16681668 consulting services.
16691669 F. "Commissioner" means: the voting representative appointed by
16701670 each State Psychology Regulatory Authority pursuant to Section
16711671 X.
16721672 G. "Compact State" means: a state, the District of Columbia, or
16731673 United States territory that has enacted this Compact
16741674 legislation and which has not withdrawn pursuant to Article
16751675 XIII, Section C or been terminated pursuant to Article XII,
16761676 Section B.
16771677 H. "Coordinated Licensure Information System" also referred to as
16781678 "Coordinated Database" means: an integrated process for
16791679 collecting, storing, and sharing information on psychologists'
16801680 licensure and enforcement activities related to psychology
16811681 licensure laws, which is administered by the recognized
16821682 membership organization composed of State and Provincial
16831683 Psychology Regulatory Authorities.
16841684 I. "Confidentiality" means: the principle that data or
16851685 information is not made available or disclosed to unauthorized
16861686 persons and/or processes.
16871687 J. "Day" means: any part of a day in which psychological work is
16881688 performed.
16891689 K. "Distant State" means: the Compact State where a psychologist
16901690 is physically present (not through the use of
16911691 telecommunications technologies), to provide temporary
16921692 in-person, face-to-face psychological services.
16931693 L. "E.Passport" means: a certificate issued by the Association of
16941694 State and Provincial Psychology Boards (ASPPB) that promotes
16951695 the standardization in the criteria of interjurisdictional
16961696 telepsychology practice and facilitates the process for
16971697 licensed psychologists to provide telepsychological services
16981698 across state lines.
16991699 M. "Executive Board" means: a group of directors elected or
17001700 appointed to act on behalf of, and within the powers granted to
17011701 them by, the Commission.
17021702 N. "Home State" means: a Compact State where a psychologist is
17031703 licensed to practice psychology. If the psychologist is
17041704 licensed in more than one Compact State and is practicing under
17051705 the Authorization to Practice Interjurisdictional
17061706 Telepsychology, the Home State is the Compact State where the
17071707 psychologist is physically present when the telepsychological
17081708 services are delivered. If the psychologist is licensed in more
17091709 than one Compact State and is practicing under the Temporary
17101710 Authorization to Practice, the Home State is any Compact State
17111711 where the psychologist is licensed.
17121712 O. "Identity History Summary" means: a summary of information
17131713 retained by the FBI, or other designee with similar authority,
17141714 in connection with arrests and, in some instances, federal
17151715 employment, naturalization, or military service.
17161716 P. "In-Person, Face-to-Face" means: interactions in which the
17171717 psychologist and the client/patient are in the same physical
17181718 space and which does not include interactions that may occur
17191719 through the use of telecommunication technologies.
17201720 Q. "Interjurisdictional Practice Certificate (IPC)" means: a
17211721 certificate issued by the Association of State and Provincial
17221722 Psychology Boards (ASPPB) that grants temporary authority to
17231723 practice based on notification to the State Psychology
17241724 Regulatory Authority of intention to practice temporarily, and
17251725 verification of one's qualifications for such practice.
17261726 R. "License" means: authorization by a State Psychology
17271727 Regulatory Authority to engage in the independent practice of
17281728 psychology, which would be unlawful without the authorization.
17291729 S. "Non-Compact State" means: any State which is not at the time a
17301730 Compact State.
17311731 T. "Psychologist" means: an individual licensed for the
17321732 independent practice of psychology.
17331733 U. "Psychology Interjurisdictional Compact Commission" also
17341734 referred to as "Commission" means: the national administration
17351735 of which all Compact States are members.
17361736 V. "Receiving State" means: a Compact State where the
17371737 client/patient is physically located when the
17381738 telepsychological services are delivered.
17391739 W. "Rule" means: a written statement by the Psychology
17401740 Interjurisdictional Compact Commission promulgated pursuant
17411741 to Section XI of the Compact that is of general applicability,
17421742 implements, interprets, or prescribes a policy or provision of
17431743 the Compact, or an organizational, procedural, or practice
17441744 requirement of the Commission and has the force and effect of
17451745 statutory law in a Compact State, and includes the amendment,
17461746 repeal or suspension of an existing rule.
17471747 X. "Significant Investigatory Information" means:
17481748 1. investigative information that a State Psychology
17491749 Regulatory Authority, after a preliminary inquiry that
17501750 includes notification and an opportunity to respond if
17511751 required by state law, has reason to believe, if proven true,
17521752 would indicate more than a violation of state statute or ethics
17531753 code that would be considered more substantial than minor
17541754 infraction; or
17551755 2. investigative information that indicates that the
17561756 psychologist represents an immediate threat to public health
17571757 and safety regardless of whether the psychologist has been
17581758 notified and/or had an opportunity to respond.
17591759 Y. "State" means: a state, commonwealth, territory, or possession
17601760 of the United States, the District of Columbia.
17611761 Z. "State Psychology Regulatory Authority" means: the Board,
17621762 office or other agency with the legislative mandate to license
17631763 and regulate the practice of psychology.
17641764 AA. "Telepsychology" means: the provision of psychological
17651765 services using telecommunication technologies.
17661766 BB. "Temporary Authorization to Practice" means: a licensed
17671767 psychologist's authority to conduct temporary in-person,
17681768 face-to-face practice, within the limits authorized under this
17691769 Compact, in another Compact State.
17701770 CC. "Temporary In-Person, Face-to-Face Practice" means: where a
17711771 psychologist is physically present (not through the use of
17721772 telecommunications technologies), in the Distant State to
17731773 provide for the practice of psychology for 30 days within a
17741774 calendar year and based on notification to the Distant State.
17751775 ARTICLE III. HOME STATE LICENSURE
17761776 A. The Home State shall be a Compact State where a psychologist is
17771777 licensed to practice psychology.
17781778 B. A psychologist may hold one or more Compact State licenses at a
17791779 time. If the psychologist is licensed in more than one Compact
17801780 State, the Home State is the Compact State where the
17811781 psychologist is physically present when the services are
17821782 delivered as authorized by the Authority to Practice
17831783 Interjurisdictional Telepsychology under the terms of this
17841784 Compact.
17851785 C. Any Compact State may require a psychologist not previously
17861786 licensed in a Compact State to obtain and retain a license to be
17871787 authorized to practice in the Compact State under
17881788 circumstances not authorized by the Authority to Practice
17891789 Interjurisdictional Telepsychology under the terms of this
17901790 Compact.
17911791 D. Any Compact State may require a psychologist to obtain and
17921792 retain a license to be authorized to practice in a Compact
17931793 State under circumstances not authorized by Temporary
17941794 Authorization to Practice under the terms of this Compact.
17951795 E. A Home State's license authorizes a psychologist to practice in
17961796 a Receiving State under the Authority to Practice
17971797 Interjurisdictional Telepsychology only if the Compact State:
17981798 1. Currently requires the psychologist to hold an active
17991799 E.Passport;
18001800 2. Has a mechanism in place for receiving and investigating
18011801 complaints about licensed individuals;
18021802 3. Notifies the Commission, in compliance with the terms
18031803 herein, of any adverse action or significant investigatory
18041804 information regarding a licensed individual;
18051805 4. Requires an Identity History Summary of all applicants at
18061806 initial licensure, including the use of the results of
18071807 fingerprints or other biometric data checks compliant with
18081808 the requirements of the Federal Bureau of Investigation
18091809 FBI, or other designee with similar authority, no later
18101810 than ten years after activation of the Compact; and
18111811 5. Complies with the Bylaws and Rules of the Commission.
18121812 F. A Home State's license grants Temporary Authorization to
18131813 Practice to a psychologist in a Distant State only if the
18141814 Compact State:
18151815 1. Currently requires the psychologist to hold an active IPC;
18161816 2. Has a mechanism in place for receiving and investigating
18171817 complaints about licensed individuals;
18181818 3. Notifies the Commission, in compliance with the terms
18191819 herein, of any adverse action or significant investigatory
18201820 information regarding a licensed individual;
18211821 4. Requires an Identity History Summary of all applicants at
18221822 initial licensure, including the use of the results of
18231823 fingerprints or other biometric data checks compliant with
18241824 the requirements of the Federal Bureau of Investigation
18251825 FBI, or other designee with similar authority, no later
18261826 than ten years after activation of the Compact; and
18271827 5. Complies with the Bylaws and Rules of the Commission.
18281828 ARTICLE IV. COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY
18291829 A. Compact States shall recognize the right of a psychologist,
18301830 licensed in a Compact State in conformance with Article III, to
18311831 practice telepsychology in other Compact States (Receiving
18321832 States) in which the psychologist is not licensed, under the
18331833 Authority to Practice Interjurisdictional Telepsychology as
18341834 provided in the Compact.
18351835 B. To exercise the Authority to Practice Interjurisdictional
18361836 Telepsychology under the terms and provisions of this Compact,
18371837 a psychologist licensed to practice in a Compact State must:
18381838 1. Hold a graduate degree in psychology from an institute of
18391839 higher education that was, at the time the degree was
18401840 awarded:
18411841 a. Regionally accredited by an accrediting body
18421842 recognized by the U.S. Department of Education to
18431843 grant graduate degrees, OR authorized by Provincial
18441844 Statute or Royal Charter to grant doctoral degrees; OR
18451845 b. A foreign college or university deemed to be
18461846 equivalent to 1 (a) above by a foreign credential
18471847 evaluation service that is a member of the National
18481848 Association of Credential Evaluation Services (NACES)
18491849 or by a recognized foreign credential evaluation
18501850 service; AND
18511851 2. Hold a graduate degree in psychology that meets the
18521852 following criteria:
18531853 a. The program, wherever it may be administratively
18541854 housed, must be clearly identified and labeled as a
18551855 psychology program. Such a program must specify in
18561856 pertinent institutional catalogues and brochures its
18571857 intent to educate and train professional
18581858 psychologists;
18591859 b. The psychology program must stand as a recognizable,
18601860 coherent, organizational entity within the
18611861 institution;
18621862 c. There must be a clear authority and primary
18631863 responsibility for the core and specialty areas
18641864 whether or not the program cuts across administrative
18651865 lines;
18661866 d. The program must consist of an integrated, organized
18671867 sequence of study;
18681868 e. There must be an identifiable psychology faculty
18691869 sufficient in size and breadth to carry out its
18701870 responsibilities;
18711871 f. The designated director of the program must be a
18721872 psychologist and a member of the core faculty;
18731873 g. The program must have an identifiable body of students
18741874 who are matriculated in that program for a degree;
18751875 h. The program must include supervised practicum,
18761876 internship, or field training appropriate to the
18771877 practice of psychology;
18781878 i. The curriculum shall encompass a minimum of three
18791879 academic years of full-time graduate study for
18801880 doctoral degree and a minimum of one academic year of
18811881 full-time graduate study for master's degree;
18821882 j. The program includes an acceptable residency as
18831883 defined by the Rules of the Commission.
18841884 3. Possess a current, full and unrestricted license to
18851885 practice psychology in a Home State which is a Compact
18861886 State;
18871887 4. Have no history of adverse action that violate the Rules of
18881888 the Commission;
18891889 5. Have no criminal record history reported on an Identity
18901890 History Summary that violates the Rules of the Commission;
18911891 6. Possess a current, active E.Passport;
18921892 7. Provide attestations in regard to areas of intended
18931893 practice, conformity with standards of practice,
18941894 competence in telepsychology technology; criminal
18951895 background; and knowledge and adherence to legal
18961896 requirements in the home and receiving states, and provide
18971897 a release of information to allow for primary source
18981898 verification in a manner specified by the Commission; and
18991899 8. Meet other criteria as defined by the Rules of the
19001900 Commission.
19011901 C. The Home State maintains authority over the license of any
19021902 psychologist practicing into a Receiving State under the
19031903 Authority to Practice Interjurisdictional Telepsychology.
19041904 D. A psychologist practicing into a Receiving State under the
19051905 Authority to Practice Interjurisdictional Telepsychology will
19061906 be subject to the Receiving State's scope of practice. A
19071907 Receiving State may, in accordance with that state's due
19081908 process law, limit or revoke a psychologist's Authority to
19091909 Practice Interjurisdictional Telepsychology in the Receiving
19101910 State and may take any other necessary actions under the
19111911 Receiving State's applicable law to protect the health and
19121912 safety of the Receiving State's citizens. If a Receiving State
19131913 takes action, the state shall promptly notify the Home State
19141914 and the Commission.
19151915 E. If a psychologist's license in any Home State, another Compact
19161916 State, or any Authority to Practice Interjurisdictional
19171917 Telepsychology in any Receiving State, is restricted,
19181918 suspended or otherwise limited, the E.Passport shall be
19191919 revoked and therefore the psychologist shall not be eligible to
19201920 practice telepsychology in a Compact State under the Authority
19211921 to Practice Interjurisdictional Telepsychology.
19221922 ARTICLE V. COMPACT TEMPORARY AUTHORIZATION TO PRACTICE
19231923 A. Compact States shall also recognize the right of a
19241924 psychologist, licensed in a Compact State in conformance with
19251925 Article III, to practice temporarily in other Compact States
19261926 (Distant States) in which the psychologist is not licensed, as
19271927 provided in the Compact.
19281928 B. To exercise the Temporary Authorization to Practice under the
19291929 terms and provisions of this Compact, a psychologist licensed
19301930 to practice in a Compact State must:
19311931 1. Hold a graduate degree in psychology from an institute of
19321932 higher education that was, at the time the degree was
19331933 awarded:
19341934 a. Regionally accredited by an accrediting body
19351935 recognized by the U.S. Department of Education to
19361936 grant graduate degrees, OR authorized by Provincial
19371937 Statute or Royal Charter to grant doctoral degrees; OR
19381938 b. A foreign college or university deemed to be
19391939 equivalent to 1 (a) above by a foreign credential
19401940 evaluation service that is a member of the National
19411941 Association of Credential Evaluation Services (NACES)
19421942 or by a recognized foreign credential evaluation
19431943 service; AND
19441944 2. Hold a graduate degree in psychology that meets the
19451945 following criteria:
19461946 a. The program, wherever it may be administratively
19471947 housed, must be clearly identified and labeled as a
19481948 psychology program. Such a program must specify in
19491949 pertinent institutional catalogues and brochures its
19501950 intent to educate and train professional
19511951 psychologists;
19521952 b. The psychology program must stand as a recognizable,
19531953 coherent, organizational entity within the
19541954 institution;
19551955 c. There must be a clear authority and primary
19561956 responsibility for the core and specialty areas
19571957 whether or not the program cuts across administrative
19581958 lines;
19591959 d. The program must consist of an integrated, organized
19601960 sequence of study;
19611961 e. There must be an identifiable psychology faculty
19621962 sufficient in size and breadth to carry out its
19631963 responsibilities;
19641964 f. The designated director of the program must be a
19651965 psychologist and a member of the core faculty;
19661966 g. The program must have an identifiable body of students
19671967 who are matriculated in that program for a degree;
19681968 h. The program must include supervised practicum,
19691969 internship, or field training appropriate to the
19701970 practice of psychology;
19711971 i. The curriculum shall encompass a minimum of three
19721972 academic years of full-time graduate study for
19731973 doctoral degrees and a minimum of one academic year of
19741974 full-time graduate study for master's degree;
19751975 j. The program includes an acceptable residency as
19761976 defined by the Rules of the Commission.
19771977 3. Possess a current, full and unrestricted license to
19781978 practice psychology in a Home State which is a Compact
19791979 State;
19801980 4. No history of adverse action that violate the Rules of the
19811981 Commission;
19821982 5. No criminal record history that violates the Rules of the
19831983 Commission;
19841984 6. Possess a current, active IPC;
19851985 7. Provide attestations in regard to areas of intended
19861986 practice and work experience and provide a release of
19871987 information to allow for primary source verification in a
19881988 manner specified by the Commission; and
19891989 8. Meet other criteria as defined by the Rules of the
19901990 Commission.
19911991 C. A psychologist practicing into a Distant State under the
19921992 Temporary Authorization to Practice shall practice within the
19931993 scope of practice authorized by the Distant State.
19941994 D. A psychologist practicing into a Distant State under the
19951995 Temporary Authorization to Practice will be subject to the
19961996 Distant State's authority and law. A Distant State may, in
19971997 accordance with that state's due process law, limit or revoke a
19981998 psychologist's Temporary Authorization to Practice in the
19991999 Distant State and may take any other necessary actions under
20002000 the Distant State's applicable law to protect the health and
20012001 safety of the Distant State's citizens. If a Distant State
20022002 takes action, the state shall promptly notify the Home State
20032003 and the Commission.
20042004 E. If a psychologist's license in any Home State, another Compact
20052005 State, or any Temporary Authorization to Practice in any
20062006 Distant State, is restricted, suspended or otherwise limited,
20072007 the IPC shall be revoked and therefore the psychologist shall
20082008 not be eligible to practice in a Compact State under the
20092009 Temporary Authorization to Practice.
20102010 ARTICLE VI. CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING
20112011 STATE
20122012 A. A psychologist may practice in a Receiving State under the
20132013 Authority to Practice Interjurisdictional Telepsychology only
20142014 in the performance of the scope of practice for psychology as
20152015 assigned by an appropriate State Psychology Regulatory
20162016 Authority, as defined in the Rules of the Commission, and under
20172017 the following circumstances:
20182018 1. The psychologist initiates a client/patient contact in a
20192019 Home State via telecommunications technologies with a
20202020 client/patient in a Receiving State;
20212021 2. Other conditions regarding telepsychology as determined by
20222022 Rules promulgated by the Commission.
20232023 ARTICLE VII. ADVERSE ACTIONS
20242024 A. A Home State shall have the power to impose adverse action
20252025 against a psychologist's license issued by the Home State. A
20262026 Distant State shall have the power to take adverse action on a
20272027 psychologist's Temporary Authorization to Practice within that
20282028 Distant State.
20292029 B. A Receiving State may take adverse action on a psychologist's
20302030 Authority to Practice Interjurisdictional Telepsychology
20312031 within that Receiving State. A Home State may take adverse
20322032 action against a psychologist based on an adverse action taken
20332033 by a Distant State regarding temporary in-person, face-to-face
20342034 practice.
20352035 C. If a Home State takes adverse action against a psychologist's
20362036 license, that psychologist's Authority to Practice
20372037 Interjurisdictional Telepsychology is terminated and the
20382038 E.Passport is revoked. Furthermore, that psychologist's
20392039 Temporary Authorization to Practice is terminated and the IPC
20402040 is revoked.
20412041 1. All Home State disciplinary orders which impose adverse
20422042 action shall be reported to the Commission in accordance
20432043 with the Rules promulgated by the Commission. A Compact
20442044 State shall report adverse actions in accordance with the
20452045 Rules of the Commission.
20462046 2. In the event discipline is reported on a psychologist, the
20472047 psychologist will not be eligible for telepsychology or
20482048 temporary in-person, face-to-face practice in accordance
20492049 with the Rules of the Commission.
20502050 3. Other actions may be imposed as determined by the Rules
20512051 promulgated by the Commission.
20522052 D. A Home State's Psychology Regulatory Authority shall
20532053 investigate and take appropriate action with respect to
20542054 reported inappropriate conduct engaged in by a licensee which
20552055 occurred in a Receiving State as it would if such conduct had
20562056 occurred by a licensee within the Home State. In such cases,
20572057 the Home State's law shall control in determining any adverse
20582058 action against a psychologist's license.
20592059 E. A Distant State's Psychology Regulatory Authority shall
20602060 investigate and take appropriate action with respect to
20612061 reported inappropriate conduct engaged in by a psychologist
20622062 practicing under Temporary Authorization Practice which
20632063 occurred in that Distant State as it would if such conduct had
20642064 occurred by a licensee within the Home State. In such cases,
20652065 Distant State's law shall control in determining any adverse
20662066 action against a psychologist's Temporary Authorization to
20672067 Practice.
20682068 F. Nothing in this Compact shall override a Compact State's
20692069 decision that a psychologist's participation in an alternative
20702070 program may be used in lieu of adverse action and that such
20712071 participation shall remain non-public if required by the
20722072 Compact State's law. Compact States must require psychologists
20732073 who enter any alternative programs to not provide
20742074 telepsychology services under the Authority to Practice
20752075 Interjurisdictional Telepsychology or provide temporary
20762076 psychological services under the Temporary Authorization to
20772077 Practice in any other Compact State during the term of the
20782078 alternative program.
20792079 G. No other judicial or administrative remedies shall be available
20802080 to a psychologist in the event a Compact State imposes an
20812081 adverse action pursuant to subsection C, above.
20822082 ARTICLE VIII. ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S
20832083 PSYCHOLOGY REGULATORY AUTHORITY
20842084 A. In addition to any other powers granted under state law, a
20852085 Compact State's Psychology Regulatory Authority shall have the
20862086 authority under this Compact to:
20872087 1. Issue subpoenas, for both hearings and investigations,
20882088 which require the attendance and testimony of witnesses
20892089 and the production of evidence. Subpoenas issued by a
20902090 Compact State's Psychology Regulatory Authority for the
20912091 attendance and testimony of witnesses, and/or the
20922092 production of evidence from another Compact State shall be
20932093 enforced in the latter state by any court of competent
20942094 jurisdiction, according to that court's practice and
20952095 procedure in considering subpoenas issued in its own
20962096 proceedings. The issuing State Psychology Regulatory
20972097 Authority shall pay any witness fees, travel expenses,
20982098 mileage and other fees required by the service statutes of
20992099 the state where the witnesses and/or evidence are located;
21002100 and
21012101 2. Issue cease and desist and/or injunctive relief orders to
21022102 revoke a psychologist's Authority to Practice
21032103 Interjurisdictional Telepsychology and/or Temporary
21042104 Authorization to Practice.
21052105 3. During the course of any investigation, a psychologist may
21062106 not change his/her Home State licensure. A Home State
21072107 Psychology Regulatory Authority is authorized to complete
21082108 any pending investigations of a psychologist and to take
21092109 any actions appropriate under its law. The Home State
21102110 Psychology Regulatory Authority shall promptly report the
21112111 conclusions of such investigations to the Commission. Once
21122112 an investigation has been completed, and pending the
21132113 outcome of said investigation, the psychologist may change
21142114 his/her Home State licensure. The Commission shall
21152115 promptly notify the new Home State of any such decisions as
21162116 provided in the Rules of the Commission. All information
21172117 provided to the Commission or distributed by Compact
21182118 States pursuant to the psychologist shall be confidential,
21192119 filed under seal and used for investigatory or
21202120 disciplinary matters. The Commission may create
21212121 additional rules for mandated or discretionary sharing of
21222122 information by Compact States.
21232123 ARTICLE IX. COORDINATED LICENSURE INFORMATION SYSTEM
21242124 A. The Commission shall provide for the development and
21252125 maintenance of a Coordinated Licensure Information System
21262126 (Coordinated Database) and reporting system containing
21272127 licensure and disciplinary action information on all
21282128 psychologists individuals to whom this Compact is applicable
21292129 in all Compact States as defined by the Rules of the
21302130 Commission.
21312131 B. Notwithstanding any other provision of state law to the
21322132 contrary, a Compact State shall submit a uniform data set to
21332133 the Coordinated Database on all licensees as required by the
21342134 Rules of the Commission, including:
21352135 1. Identifying information;
21362136 2. Licensure data;
21372137 3. Significant investigatory information;
21382138 4. Adverse actions against a psychologist's license;
21392139 5. An indicator that a psychologist's Authority to Practice
21402140 Interjurisdictional Telepsychology and/or Temporary
21412141 Authorization to Practice is revoked;
21422142 6. Non-confidential information related to alternative
21432143 program participation information;
21442144 7. Any denial of application for licensure, and the reasons
21452145 for such denial; and
21462146 8. Other information which may facilitate the administration
21472147 of this Compact, as determined by the Rules of the
21482148 Commission.
21492149 C. The Coordinated Database administrator shall promptly notify
21502150 all Compact States of any adverse action taken against, or
21512151 significant investigative information on, any licensee in a
21522152 Compact State.
21532153 D. Compact States reporting information to the Coordinated
21542154 Database may designate information that may not be shared with
21552155 the public without the express permission of the Compact State
21562156 reporting the information.
21572157 E. Any information submitted to the Coordinated Database that is
21582158 subsequently required to be expunged by the law of the Compact
21592159 State reporting the information shall be removed from the
21602160 Coordinated Database.
21612161 ARTICLE X. ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL
21622162 COMPACT COMMISSION
21632163 A. The Compact States hereby create and establish a joint public
21642164 agency known as the Psychology Interjurisdictional Compact
21652165 Commission.
21662166 1. The Commission is a body politic and an instrumentality of
21672167 the Compact States.
21682168 2. Venue is proper and judicial proceedings by or against the
21692169 Commission shall be brought solely and exclusively in a
21702170 court of competent jurisdiction where the principal office
21712171 of the Commission is located. The Commission may waive
21722172 venue and jurisdictional defenses to the extent it adopts
21732173 or consents to participate in alternative dispute
21742174 resolution proceedings.
21752175 3. Nothing in this Compact shall be construed to be a waiver
21762176 of sovereign immunity.
21772177 B. Membership, Voting, and Meetings
21782178 1. The Commission shall consist of one voting representative
21792179 appointed by each Compact State who shall serve as that
21802180 state's Commissioner. The State Psychology Regulatory
21812181 Authority shall appoint its delegate. This delegate shall
21822182 be empowered to act on behalf of the Compact State. This
21832183 delegate shall be limited to:
21842184 a. Executive Director, Executive Secretary or similar
21852185 executive;
21862186 b. Current member of the State Psychology Regulatory
21872187 Authority of a Compact State; OR
21882188 c. Designee empowered with the appropriate delegate
21892189 authority to act on behalf of the Compact State.
21902190 2. Any Commissioner may be removed or suspended from office as
21912191 provided by the law of the state from which the
21922192 Commissioner is appointed. Any vacancy occurring in the
21932193 Commission shall be filled in accordance with the laws of
21942194 the Compact State in which the vacancy exists.
21952195 3. Each Commissioner shall be entitled to one (1) vote with
21962196 regard to the promulgation of Rules and creation of Bylaws
21972197 and shall otherwise have an opportunity to participate in
21982198 the business and affairs of the Commission. A Commissioner
21992199 shall vote in person or by such other means as provided in
22002200 the Bylaws. The Bylaws may provide for Commissioners'
22012201 participation in meetings by telephone or other means of
22022202 communication.
22032203 4. The Commission shall meet at least once during each
22042204 calendar year. Additional meetings shall be held as set
22052205 forth in the Bylaws.
22062206 5. All meetings shall be open to the public, and public notice
22072207 of meetings shall be given in the same manner as required
22082208 under the rulemaking provisions in Article XI.
22092209 6. The Commission may convene in a closed, non-public meeting
22102210 if the Commission must discuss:
22112211 a. Non-compliance of a Compact State with its obligations
22122212 under the Compact;
22132213 b. The employment, compensation, discipline or other
22142214 personnel matters, practices or procedures related to
22152215 specific employees or other matters related to the
22162216 Commission's internal personnel practices and
22172217 procedures;
22182218 c. Current, threatened, or reasonably anticipated
22192219 litigation against the Commission;
22202220 d. Negotiation of contracts for the purchase or sale of
22212221 goods, services or real estate;
22222222 e. Accusation against any person of a crime or formally
22232223 censuring any person;
22242224 f. Disclosure of trade secrets or commercial or financial
22252225 information which is privileged or confidential;
22262226 g. Disclosure of information of a personal nature where
22272227 disclosure would constitute a clearly unwarranted
22282228 invasion of personal privacy;
22292229 h. Disclosure of investigatory records compiled for law
22302230 enforcement purposes;
22312231 i. Disclosure of information related to any
22322232 investigatory reports prepared by or on behalf of or
22332233 for use of the Commission or other committee charged
22342234 with responsibility for investigation or
22352235 determination of compliance issues pursuant to the
22362236 Compact; or
22372237 j. Matters specifically exempted from disclosure by
22382238 federal and state statute.
22392239 7. If a meeting, or portion of a meeting, is closed pursuant
22402240 to this provision, the Commission's legal counsel or
22412241 designee shall certify that the meeting may be closed and
22422242 shall reference each relevant exempting provision. The
22432243 Commission shall keep minutes which fully and clearly
22442244 describe all matters discussed in a meeting and shall
22452245 provide a full and accurate summary of actions taken, of
22462246 any person participating in the meeting, and the reasons
22472247 therefore, including a description of the views expressed.
22482248 All documents considered in connection with an action
22492249 shall be identified in such minutes. All minutes and
22502250 documents of a closed meeting shall remain under seal,
22512251 subject to release only by a majority vote of the
22522252 Commission or order of a court of competent jurisdiction.
22532253 C. The Commission shall, by a majority vote of the Commissioners,
22542254 prescribe Bylaws and/or Rules to govern its conduct as may be
22552255 necessary or appropriate to carry out the purposes and exercise
22562256 the powers of the Compact, including but not limited to:
22572257 1. Establishing the fiscal year of the Commission;
22582258 2. Providing reasonable standards and procedures:
22592259 a. for the establishment and meetings of other
22602260 committees; and
22612261 b. governing any general or specific delegation of any
22622262 authority or function of the Commission;
22632263 3. Providing reasonable procedures for calling and conducting
22642264 meetings of the Commission, ensuring reasonable advance
22652265 notice of all meetings and providing an opportunity for
22662266 attendance of such meetings by interested parties, with
22672267 enumerated exceptions designed to protect the public's
22682268 interest, the privacy of individuals of such proceedings,
22692269 and proprietary information, including trade secrets. The
22702270 Commission may meet in closed session only after a
22712271 majority of the Commissioners vote to close a meeting to
22722272 the public in whole or in part. As soon as practicable, the
22732273 Commission must make public a copy of the vote to close the
22742274 meeting revealing the vote of each Commissioner with no
22752275 proxy votes allowed;
22762276 4. Establishing the titles, duties and authority and
22772277 reasonable procedures for the election of the officers of
22782278 the Commission;
22792279 5. Providing reasonable standards and procedures for the
22802280 establishment of the personnel policies and programs of
22812281 the Commission. Notwithstanding any civil service or other
22822282 similar law of any Compact State, the Bylaws shall
22832283 exclusively govern the personnel policies and programs of
22842284 the Commission;
22852285 6. Promulgating a Code of Ethics to address permissible and
22862286 prohibited activities of Commission members and
22872287 employees;
22882288 7. Providing a mechanism for concluding the operations of the
22892289 Commission and the equitable disposition of any surplus
22902290 funds that may exist after the termination of the Compact
22912291 after the payment and/or reserving of all of its debts and
22922292 obligations;
22932293 8. The Commission shall publish its Bylaws in a convenient
22942294 form and file a copy thereof and a copy of any amendment
22952295 thereto, with the appropriate agency or officer in each of
22962296 the Compact States;
22972297 9. The Commission shall maintain its financial records in
22982298 accordance with the Bylaws; and
22992299 10. The Commission shall meet and take such actions as are
23002300 consistent with the provisions of this Compact and the
23012301 Bylaws.
23022302 D. The Commission shall have the following powers:
23032303 1. The authority to promulgate uniform rules to facilitate
23042304 and coordinate implementation and administration of this
23052305 Compact. The rule shall have the force and effect of law
23062306 and shall be binding in all Compact States;
23072307 2. To bring and prosecute legal proceedings or actions in the
23082308 name of the Commission, provided that the standing of any
23092309 State Psychology Regulatory Authority or other regulatory
23102310 body responsible for psychology licensure to sue or be
23112311 sued under applicable law shall not be affected;
23122312 3. To purchase and maintain insurance and bonds;
23132313 4. To borrow, accept or contract for services of personnel,
23142314 including, but not limited to, employees of a Compact
23152315 State;
23162316 5. To hire employees, elect or appoint officers, fix
23172317 compensation, define duties, grant such individuals
23182318 appropriate authority to carry out the purposes of the
23192319 Compact, and to establish the Commission's personnel
23202320 policies and programs relating to conflicts of interest,
23212321 qualifications of personnel, and other related personnel
23222322 matters;
23232323 6. To accept any and all appropriate donations and grants of
23242324 money, equipment, supplies, materials and services, and to
23252325 receive, utilize and dispose of the same; provided that at
23262326 all times the Commission shall strive to avoid any
23272327 appearance of impropriety and/or conflict of interest;
23282328 7. To lease, purchase, accept appropriate gifts or donations
23292329 of, or otherwise to own, hold, improve or use, any
23302330 property, real, personal or mixed; provided that at all
23312331 times the Commission shall strive to avoid any appearance
23322332 of impropriety;
23332333 8. To sell, convey, mortgage, pledge, lease, exchange,
23342334 abandon or otherwise dispose of any property real,
23352335 personal or mixed;
23362336 9. To establish a budget and make expenditures;
23372337 10. To borrow money;
23382338 11. To appoint committees, including advisory committees
23392339 comprised of Members, State regulators, State legislators
23402340 or their representatives, and consumer representatives,
23412341 and such other interested persons as may be designated in
23422342 this Compact and the Bylaws;
23432343 12. To provide and receive information from, and to cooperate
23442344 with, law enforcement agencies;
23452345 13. To adopt and use an official seal; and
23462346 14. To perform such other functions as may be necessary or
23472347 appropriate to achieve the purposes of this Compact
23482348 consistent with the state regulation of psychology
23492349 licensure, temporary in-person, face-to-face practice and
23502350 telepsychology practice.
23512351 E. The Executive Board
23522352 The elected officers shall serve as the Executive Board, which
23532353 shall have the power to act on behalf of the Commission
23542354 according to the terms of this Compact.
23552355 1. The Executive Board shall be comprised of six members:
23562356 a. Five voting members who are elected from the current
23572357 membership of the Commission by the Commission;
23582358 b. One ex-officio, nonvoting member from the recognized
23592359 membership organization composed of State and
23602360 Provincial Psychology Regulatory Authorities.
23612361 2. The ex-officio member must have served as staff or member
23622362 on a State Psychology Regulatory Authority and will be
23632363 selected by its respective organization.
23642364 3. The Commission may remove any member of the Executive Board
23652365 as provided in Bylaws.
23662366 4. The Executive Board shall meet at least annually.
23672367 5. The Executive Board shall have the following duties and
23682368 responsibilities:
23692369 a. Recommend to the entire Commission changes to the
23702370 Rules or Bylaws, changes to this Compact legislation,
23712371 fees paid by Compact States such as annual dues, and
23722372 any other applicable fees;
23732373 b. Ensure Compact administration services are
23742374 appropriately provided, contractual or otherwise;
23752375 c. Prepare and recommend the budget;
23762376 d. Maintain financial records on behalf of the
23772377 Commission;
23782378 e. Monitor Compact compliance of member states and
23792379 provide compliance reports to the Commission;
23802380 f. Establish additional committees as necessary; and
23812381 g. Other duties as provided in Rules or Bylaws.
23822382 F. Financing of the Commission
23832383 1. The Commission shall pay, or provide for the payment of the
23842384 reasonable expenses of its establishment, organization
23852385 and ongoing activities.
23862386 2. The Commission may accept any and all appropriate revenue
23872387 sources, donations and grants of money, equipment,
23882388 supplies, materials and services.
23892389 3. The Commission may levy on and collect an annual assessment
23902390 from each Compact State or impose fees on other parties to
23912391 cover the cost of the operations and activities of the
23922392 Commission and its staff which must be in a total amount
23932393 sufficient to cover its annual budget as approved each
23942394 year for which revenue is not provided by other sources.
23952395 The aggregate annual assessment amount shall be allocated
23962396 based upon a formula to be determined by the Commission
23972397 which shall promulgate a rule binding upon all Compact
23982398 States.
23992399 4. The Commission shall not incur obligations of any kind
24002400 prior to securing the funds adequate to meet the same; nor
24012401 shall the Commission pledge the credit of any of the
24022402 Compact States, except by and with the authority of the
24032403 Compact State.
24042404 5. The Commission shall keep accurate accounts of all
24052405 receipts and disbursements. The receipts and
24062406 disbursements of the Commission shall be subject to the
24072407 audit and accounting procedures established under its
24082408 Bylaws. However, all receipts and disbursements of funds
24092409 handled by the Commission shall be audited yearly by a
24102410 certified or licensed public accountant and the report of
24112411 the audit shall be included in and become part of the
24122412 annual report of the Commission.
24132413 G. Qualified Immunity, Defense, and Indemnification
24142414 1. The members, officers, Executive Director, employees and
24152415 representatives of the Commission shall be immune from
24162416 suit and liability, either personally or in their official
24172417 capacity, for any claim for damage to or loss of property
24182418 or personal injury or other civil liability caused by or
24192419 arising out of any actual or alleged act, error or omission
24202420 that occurred, or that the person against whom the claim is
24212421 made had a reasonable basis for believing occurred within
24222422 the scope of Commission employment, duties or
24232423 responsibilities; provided that nothing in this paragraph
24242424 shall be construed to protect any such person from suit
24252425 and/or liability for any damage, loss, injury or liability
24262426 caused by the intentional or willful or wanton misconduct
24272427 of that person.
24282428 2. The Commission shall defend any member, officer, Executive
24292429 Director, employee or representative of the Commission in
24302430 any civil action seeking to impose liability arising out
24312431 of any actual or alleged act, error or omission that
24322432 occurred within the scope of Commission employment, duties
24332433 or responsibilities, or that the person against whom the
24342434 claim is made had a reasonable basis for believing
24352435 occurred within the scope of Commission employment, duties
24362436 or responsibilities; provided that nothing herein shall be
24372437 construed to prohibit that person from retaining his or
24382438 her own counsel; and provided further, that the actual or
24392439 alleged act, error or omission did not result from that
24402440 person's intentional or willful or wanton misconduct.
24412441 3. The Commission shall indemnify and hold harmless any
24422442 member, officer, Executive Director, employee or
24432443 representative of the Commission for the amount of any
24442444 settlement or judgment obtained against that person
24452445 arising out of any actual or alleged act, error or omission
24462446 that occurred within the scope of Commission employment,
24472447 duties or responsibilities, or that such person had a
24482448 reasonable basis for believing occurred within the scope
24492449 of Commission employment, duties or responsibilities,
24502450 provided that the actual or alleged act, error or omission
24512451 did not result from the intentional or willful or wanton
24522452 misconduct of that person.
24532453 ARTICLE XI. RULEMAKING
24542454 A. The Commission shall exercise its rulemaking powers pursuant to
24552455 the criteria set forth in this Article and the Rules adopted
24562456 thereunder. Rules and amendments shall become binding as of the
24572457 date specified in each rule or amendment.
24582458 B. If a majority of the legislatures of the Compact States rejects
24592459 a rule, by enactment of a statute or resolution in the same
24602460 manner used to adopt the Compact, then such rule shall have no
24612461 further force and effect in any Compact State.
24622462 C. Rules or amendments to the rules shall be adopted at a regular
24632463 or special meeting of the Commission.
24642464 D. Prior to promulgation and adoption of a final rule or Rules by
24652465 the Commission, and at least sixty (60) days in advance of the
24662466 meeting at which the rule will be considered and voted upon,
24672467 the Commission shall file a Notice of Proposed Rulemaking:
24682468 1. On the website of the Commission; and
24692469 2. On the website of each Compact States' Psychology
24702470 Regulatory Authority or the publication in which each
24712471 state would otherwise publish proposed rules.
24722472 E. The Notice of Proposed Rulemaking shall include:
24732473 1. The proposed time, date, and location of the meeting in
24742474 which the rule will be considered and voted upon;
24752475 2. The text of the proposed rule or amendment and the reason
24762476 for the proposed rule;
24772477 3. A request for comments on the proposed rule from any
24782478 interested person; and
24792479 4. The manner in which interested persons may submit notice to
24802480 the Commission of their intention to attend the public
24812481 hearing and any written comments.
24822482 F. Prior to adoption of a proposed rule, the Commission shall
24832483 allow persons to submit written data, facts, opinions and
24842484 arguments, which shall be made available to the public.
24852485 G. The Commission shall grant an opportunity for a public hearing
24862486 before it adopts a rule or amendment if a hearing is requested
24872487 by:
24882488 1. At least twenty-five (25) persons who submit comments
24892489 independently of each other;
24902490 2. A governmental subdivision or agency; or
24912491 3. A duly appointed person in an association that has having
24922492 at least twenty-five (25) members.
24932493 H. If a hearing is held on the proposed rule or amendment, the
24942494 Commission shall publish the place, time, and date of the
24952495 scheduled public hearing.
24962496 1. All persons wishing to be heard at the hearing shall notify
24972497 the Executive Director of the Commission or other
24982498 designated member in writing of their desire to appear and
24992499 testify at the hearing not less than five (5) business days
25002500 before the scheduled date of the hearing.
25012501 2. Hearings shall be conducted in a manner providing each
25022502 person who wishes to comment a fair and reasonable
25032503 opportunity to comment orally or in writing.
25042504 3. No transcript of the hearing is required, unless a written
25052505 request for a transcript is made, in which case the person
25062506 requesting the transcript shall bear the cost of producing
25072507 the transcript. A recording may be made in lieu of a
25082508 transcript under the same terms and conditions as a
25092509 transcript. This subsection shall not preclude the
25102510 Commission from making a transcript or recording of the
25112511 hearing if it so chooses.
25122512 4. Nothing in this section shall be construed as requiring a
25132513 separate hearing on each rule. Rules may be grouped for the
25142514 convenience of the Commission at hearings required by this
25152515 section.
25162516 I. Following the scheduled hearing date, or by the close of
25172517 business on the scheduled hearing date if the hearing was not
25182518 held, the Commission shall consider all written and oral
25192519 comments received.
25202520 J. The Commission shall, by majority vote of all members, take
25212521 final action on the proposed rule and shall determine the
25222522 effective date of the rule, if any, based on the rulemaking
25232523 record and the full text of the rule.
25242524 K. If no written notice of intent to attend the public hearing by
25252525 interested parties is received, the Commission may proceed
25262526 with promulgation of the proposed rule without a public
25272527 hearing.
25282528 L. Upon determination that an emergency exists, the Commission may
25292529 consider and adopt an emergency rule without prior notice,
25302530 opportunity for comment, or hearing, provided that the usual
25312531 rulemaking procedures provided in the Compact and in this
25322532 section shall be retroactively applied to the rule as soon as
25332533 reasonably possible, in no event later than ninety (90) days
25342534 after the effective date of the rule. For the purposes of this
25352535 provision, an emergency rule is one that must be adopted
25362536 immediately in order to:
25372537 1. Meet an imminent threat to public health, safety, or
25382538 welfare;
25392539 2. Prevent a loss of Commission or Compact State funds;
25402540 3. Meet a deadline for the promulgation of an administrative
25412541 rule that is established by federal law or rule; or
25422542 4. Protect public health and safety.
25432543 M. The Commission or an authorized committee of the Commission may
25442544 direct revisions to a previously adopted rule or amendment for
25452545 purposes of correcting typographical errors, errors in format,
25462546 errors in consistency, or grammatical errors. Public notice of
25472547 any revisions shall be posted on the website of the Commission.
25482548 The revision shall be subject to challenge by any person for a
25492549 period of thirty (30) days after posting. The revision may be
25502550 challenged only on grounds that the revision results in a
25512551 material change to a rule. A challenge shall be made in
25522552 writing, and delivered to the Chair of the Commission prior to
25532553 the end of the notice period. If no challenge is made, the
25542554 revision will take effect without further action. If the
25552555 revision is challenged, the revision may not take effect
25562556 without the approval of the Commission.
25572557 ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
25582558 A. Oversight
25592559 1. The Executive, Legislative and Judicial branches of state
25602560 government in each Compact State shall enforce this
25612561 Compact and take all actions necessary and appropriate to
25622562 effectuate the Compact's purposes and intent. The
25632563 provisions of this Compact and the rules promulgated
25642564 hereunder shall have standing as statutory law.
25652565 2. All courts shall take judicial notice of the Compact and
25662566 the rules in any judicial or administrative proceeding in
25672567 a Compact State pertaining to the subject matter of this
25682568 Compact which may affect the powers, responsibilities or
25692569 actions of the Commission.
25702570 3. The Commission shall be entitled to receive service of
25712571 process in any such proceeding, and shall have standing to
25722572 intervene in such a proceeding for all purposes. Failure
25732573 to provide service of process to the Commission shall
25742574 render a judgment or order void as to the Commission, this
25752575 Compact or promulgated rules.
25762576 B. Default, Technical Assistance, and Termination
25772577 1. If the Commission determines that a Compact State has
25782578 defaulted in the performance of its obligations or
25792579 responsibilities under this Compact or the promulgated
25802580 rules, the Commission shall:
25812581 a. Provide written notice to the defaulting state and
25822582 other Compact States of the nature of the default, the
25832583 proposed means of remedying the default and/or any
25842584 other action to be taken by the Commission; and
25852585 b. Provide remedial training and specific technical
25862586 assistance regarding the default.
25872587 2. If a state in default fails to remedy the default, the
25882588 defaulting state may be terminated from the Compact upon
25892589 an affirmative vote of a majority of the Compact States,
25902590 and all rights, privileges and benefits conferred by this
25912591 Compact shall be terminated on the effective date of
25922592 termination. A remedy of the default does not relieve the
25932593 offending state of obligations or liabilities incurred
25942594 during the period of default.
25952595 3. Termination of membership in the Compact shall be imposed
25962596 only after all other means of securing compliance have
25972597 been exhausted. Notice of intent to suspend or terminate
25982598 shall be submitted by the Commission to the Governor, the
25992599 majority and minority leaders of the defaulting state's
26002600 legislature, and each of the Compact States.
26012601 4. A Compact State which has been terminated is responsible
26022602 for all assessments, obligations and liabilities incurred
26032603 through the effective date of termination, including
26042604 obligations which extend beyond the effective date of
26052605 termination.
26062606 5. The Commission shall not bear any costs incurred by the
26072607 state which is found to be in default or which has been
26082608 terminated from the Compact, unless agreed upon in writing
26092609 between the Commission and the defaulting state.
26102610 6. The defaulting state may appeal the action of the
26112611 Commission by petitioning the U.S. District Court for the
26122612 state of Georgia or the federal district where the Compact
26132613 has its principal offices. The prevailing member shall be
26142614 awarded all costs of such litigation, including reasonable
26152615 attorney's fees.
26162616 C. Dispute Resolution
26172617 1. Upon request by a Compact State, the Commission shall
26182618 attempt to resolve disputes related to the Compact which
26192619 arise among Compact States and between Compact and
26202620 Non-Compact States.
26212621 2. The Commission shall promulgate a rule providing for both
26222622 mediation and binding dispute resolution for disputes that
26232623 arise before the commission.
26242624 D. Enforcement
26252625 1. The Commission, in the reasonable exercise of its
26262626 discretion, shall enforce the provisions and Rules of this
26272627 Compact.
26282628 2. By majority vote, the Commission may initiate legal action
26292629 in the United States District Court for the State of
26302630 Georgia or the federal district where the Compact has its
26312631 principal offices against a Compact State in default to
26322632 enforce compliance with the provisions of the Compact and
26332633 its promulgated Rules and Bylaws. The relief sought may
26342634 include both injunctive relief and damages. In the event
26352635 judicial enforcement is necessary, the prevailing member
26362636 shall be awarded all costs of such litigation, including
26372637 reasonable attorney's fees.
26382638 3. The remedies herein shall not be the exclusive remedies of
26392639 the Commission. The Commission may pursue any other
26402640 remedies available under federal or state law.
26412641 ARTICLE XIII. DATE OF IMPLEMENTATION OF THE PSYCHOLOGY
26422642 INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES,
26432643 WITHDRAWAL, AND AMENDMENTS
26442644 A. The Compact shall come into effect on the date on which the
26452645 Compact is enacted into law in the seventh Compact State. The
26462646 provisions which become effective at that time shall be limited
26472647 to the powers granted to the Commission relating to assembly
26482648 and the promulgation of rules. Thereafter, the Commission
26492649 shall meet and exercise rulemaking powers necessary to the
26502650 implementation and administration of the Compact.
26512651 B. Any state which joins the Compact subsequent to the
26522652 Commission's initial adoption of the rules shall be subject to
26532653 the rules as they exist on the date on which the Compact becomes
26542654 law in that state. Any rule which has been previously adopted
26552655 by the Commission shall have the full force and effect of law on
26562656 the day the Compact becomes law in that state.
26572657 C. Any Compact State may withdraw from this Compact by enacting a
26582658 statute repealing the same.
26592659 1. A Compact State's withdrawal shall not take effect until
26602660 six (6) months after enactment of the repealing statute.
26612661 2. Withdrawal shall not affect the continuing requirement of
26622662 the withdrawing State's Psychology Regulatory Authority
26632663 to comply with the investigative and adverse action
26642664 reporting requirements of this act prior to the effective
26652665 date of withdrawal.
26662666 D. Nothing contained in this Compact shall be construed to
26672667 invalidate or prevent any psychology licensure agreement or
26682668 other cooperative arrangement between a Compact State and a
26692669 Non-Compact State which does not conflict with the provisions
26702670 of this Compact.
26712671 E. This Compact may be amended by the Compact States. No amendment
26722672 to this Compact shall become effective and binding upon any
26732673 Compact State until it is enacted into the law of all Compact
26742674 States.
26752675 ARTICLE XIV. CONSTRUCTION AND SEVERABILITY
26762676 This Compact shall be liberally construed so as to effectuate the
26772677 purposes thereof. If this Compact shall be held contrary to the
26782678 constitution of any state member thereto, the Compact shall remain
26792679 in full force and effect as to the remaining Compact States.
26802680 Sec. 501.602. RULES ADOPTED UNDER COMPACT. The Psychology
26812681 Interjurisdictional Compact Commission established under the
26822682 Psychology Interjurisdictional Compact under Section 501.601 may
26832683 not adopt rules that alter the requirements or scope of practice of
26842684 a license issued under Chapter 501. Any rule adopted by the
26852685 Psychology Interjurisdictional Compact Commission that purports to
26862686 alter the requirements or scope of practice of a license issued
26872687 under Chapter 501 is not enforceable.
26882688 SECTION 2.047. Sections 502.002(2) and (5), Occupations
26892689 Code, are amended to read as follows:
26902690 (2) "Executive council" ["Commissioner"] means the
26912691 Texas Behavioral Health Executive Council [commissioner of state
26922692 health services].
26932693 (5) "Licensed marriage and family therapist
26942694 associate" means an individual who offers to provide marriage and
26952695 family therapy for compensation under the supervision of a
26962696 [board-approved] supervisor approved by the executive council.
26972697 SECTION 2.048. The heading to Section 502.053, Occupations
26982698 Code, is amended to read as follows:
26992699 Sec. 502.053. MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
27002700 SECTION 2.049. Sections 502.053(b) and (c), Occupations
27012701 Code, are amended to read as follows:
27022702 (b) A person may not be a member of the board [and may not be
27032703 a department employee employed in a "bona fide executive,
27042704 administrative, or professional capacity," as that phrase is used
27052705 for purposes of establishing an exemption to the overtime
27062706 provisions of the federal Fair Labor Standards Act of 1938 (29
27072707 U.S.C. Section 201 et seq.)] if:
27082708 (1) the person is an officer, employee, or paid
27092709 consultant of a Texas trade association in the field of health
27102710 services; or
27112711 (2) the person's spouse is an officer, manager, or paid
27122712 consultant of a Texas trade association in the field of mental
27132713 health.
27142714 (c) A person may not be a member of the board [or act as
27152715 general counsel to the board or the department] if the person is
27162716 required to register as a lobbyist under Chapter 305, Government
27172717 Code, because of the person's activities for compensation on behalf
27182718 of a profession related to the operation of the board.
27192719 SECTION 2.050. Section 502.056(c), Occupations Code, is
27202720 amended to read as follows:
27212721 (c) If the executive director of the executive council has
27222722 knowledge that a potential ground for removal exists, the executive
27232723 director shall notify the presiding officer of the board of the
27242724 potential ground. The presiding officer shall then notify the
27252725 governor and the attorney general that a potential ground for
27262726 removal exists. If the potential ground for removal involves the
27272727 presiding officer, the executive director shall notify the next
27282728 highest ranking officer of the board, who shall then notify the
27292729 governor and attorney general that a potential ground for removal
27302730 exists.
27312731 SECTION 2.051. Section 502.059, Occupations Code, is
27322732 amended by amending Subsection (b) and adding Subsection (d) to
27332733 read as follows:
27342734 (b) The training program must provide the person with
27352735 information regarding:
27362736 (1) the law governing board operations [this chapter];
27372737 (2) the programs, [operated by the board;
27382738 [(3) the role and] functions, [of the board;
27392739 [(4) the] rules, and [of the board, with an emphasis on
27402740 the rules that relate to disciplinary and investigatory authority;
27412741 [(5) the current] budget of [for] the board;
27422742 (3) the scope of and limitations on the rulemaking
27432743 authority of the board;
27442744 (4) [(6)] the results of the most recent formal audit
27452745 of the board;
27462746 (5) [(7)] the requirements of:
27472747 (A) laws relating to open meetings, public
27482748 information, administrative procedure, and disclosing conflicts
27492749 [conflict] of interest; and
27502750 (B) other laws applicable to members of the board
27512751 in performing their duties; and
27522752 (6) [(8)] any applicable ethics policies adopted by
27532753 the board or the Texas Ethics Commission.
27542754 (d) The executive director of the executive council shall
27552755 create a training manual that includes the information required by
27562756 Subsection (b). The executive director shall distribute a copy of
27572757 the training manual annually to each board member. On receipt of the
27582758 training manual, each board member shall sign and submit to the
27592759 executive director a statement acknowledging receipt of the
27602760 training manual.
27612761 SECTION 2.052. The heading to Subchapter D, Chapter 502,
27622762 Occupations Code, is amended to read as follows:
27632763 SUBCHAPTER D. [BOARD] POWERS AND DUTIES
27642764 SECTION 2.053. Section 502.151, Occupations Code, is
27652765 amended to read as follows:
27662766 Sec. 502.151. GENERAL POWERS AND DUTIES OF EXECUTIVE
27672767 COUNCIL [BOARD]. The executive council [board] shall:
27682768 (1) determine the qualifications and fitness of a
27692769 license applicant under this chapter; and
27702770 (2) adopt a code of professional ethics for license
27712771 holders.
27722772 SECTION 2.054. Subchapter D, Chapter 502, Occupations Code,
27732773 is amended by adding Section 502.1515 to read as follows:
27742774 Sec. 502.1515. BOARD DUTIES. The board shall propose to the
27752775 executive council:
27762776 (1) rules regarding:
27772777 (A) the qualifications necessary to obtain a
27782778 license, including rules limiting an applicant's eligibility for a
27792779 license based on the applicant's criminal history;
27802780 (B) the scope of practice of and standards of
27812781 care and ethical practice for marriage and family therapy; and
27822782 (C) continuing education requirements for
27832783 license holders; and
27842784 (2) a schedule of sanctions for violations of this
27852785 chapter or rules adopted under this chapter.
27862786 SECTION 2.055. Section 502.155, Occupations Code, is
27872787 amended to read as follows:
27882788 Sec. 502.155. POWERS AND DUTIES REGARDING EXAMINATION. The
27892789 executive council [board] shall:
27902790 (1) determine the times and places for licensing
27912791 examinations;
27922792 (2) offer examinations at least semiannually; and
27932793 (3) give reasonable public notice of the examinations
27942794 in the manner provided by executive council [board] rules.
27952795 SECTION 2.056. Section 502.157, Occupations Code, is
27962796 amended to read as follows:
27972797 Sec. 502.157. ANNUAL REGISTRY. (a) The executive council
27982798 [board] shall annually prepare a registry of all license holders.
27992799 (b) The executive council [board] shall make the registry
28002800 available to the public, license holders, and other state agencies.
28012801 SECTION 2.057. Section 502.159, Occupations Code, is
28022802 amended to read as follows:
28032803 Sec. 502.159. EX PARTE COMMUNICATION PROHIBITED. A [board]
28042804 member of the executive council or an [department] employee of the
28052805 executive council who [performs functions for the board and who] is
28062806 assigned to make a decision, a finding of fact, or a conclusion of
28072807 law in a proceeding pending before the executive council [board]
28082808 may not directly or indirectly communicate with a party to the
28092809 proceeding or the party's representative unless notice and an
28102810 opportunity to participate are given to each party to the
28112811 proceeding.
28122812 SECTION 2.058. Section 502.252, Occupations Code, is
28132813 amended to read as follows:
28142814 Sec. 502.252. LICENSE APPLICATION. (a) An applicant for a
28152815 license must:
28162816 (1) file a written application with the executive
28172817 council [board] on a form prescribed by the executive council
28182818 [board]; and
28192819 (2) pay the appropriate application fee.
28202820 (b) To qualify for a license as a licensed marriage and
28212821 family therapist associate, a person must:
28222822 (1) be at least 18 years of age;
28232823 (2) have completed a graduate internship in marriage
28242824 and family therapy, or an equivalent internship, as approved by the
28252825 executive council [board];
28262826 (3) pass the license examination and jurisprudence
28272827 examination required under this chapter [determined by the board];
28282828 (4) hold a master's or doctoral degree in marriage and
28292829 family therapy or in a related mental health field with coursework
28302830 and training determined by the executive council [board] to be
28312831 substantially equivalent to a graduate degree in marriage and
28322832 family therapy from a regionally accredited institution of higher
28332833 education or an institution of higher education approved by the
28342834 executive council [board];
28352835 (5) [be of good moral character;
28362836 [(6)] have not been convicted of a felony or a crime
28372837 involving moral turpitude;
28382838 (6) [(7)] not use drugs or alcohol to an extent that
28392839 affects the applicant's professional competency;
28402840 (7) [(8)] not have had a license or certification
28412841 revoked by a licensing agency or by a certifying professional
28422842 organization; and
28432843 (8) [(9)] not have engaged in fraud or deceit in
28442844 applying for a license under this chapter.
28452845 (c) An applicant is eligible to apply for a license as a
28462846 licensed marriage and family therapist if the person:
28472847 (1) meets the requirements of Subsection (b);
28482848 (2) after receipt of a degree described by Subsection
28492849 (b)(4), has completed two years of work experience in marriage and
28502850 family therapist services that includes at least 3,000 hours of
28512851 clinical practice consisting of [which:
28522852 [(A)] at least 1,500 hours [consist] of direct
28532853 clinical services, including a minimum number of [; and (B) at
28542854 least 750] hours providing [consist of] direct clinical services to
28552855 couples or families as required by executive council rule; and
28562856 (3) has completed, in a manner acceptable to the
28572857 executive council [board], at least 200 hours of supervised
28582858 provision of direct clinical services by the applicant, 100 hours
28592859 of which must be supervised on an individual basis.
28602860 SECTION 2.059. Sections 502.253(a), (b), and (c),
28612861 Occupations Code, are amended to read as follows:
28622862 (a) The executive council [board] shall investigate each
28632863 application and any other information submitted by the applicant.
28642864 (b) Not later than the 90th day after the date the executive
28652865 council [board] receives the completed application from a person
28662866 seeking a license as a licensed marriage and family therapist
28672867 associate, the executive council [board] shall notify the applicant
28682868 whether the application has been accepted or rejected.
28692869 (c) An applicant for a license as a licensed marriage and
28702870 family therapist associate is eligible to take the examination if
28712871 the applicant:
28722872 (1) is enrolled in a graduate internship described by
28732873 Section 502.252(b)(2) and provides proof to the executive council
28742874 [board] that the applicant is a student in good standing in an
28752875 educational program described by Section 502.252(b)(4); or
28762876 (2) has completed the internship described by
28772877 Subdivision (1).
28782878 SECTION 2.060. Sections 502.254(b) and (d), Occupations
28792879 Code, are amended to read as follows:
28802880 (b) An applicant for a license as a licensed marriage and
28812881 family therapist associate under Section 502.252(b) must:
28822882 (1) file an application on a form prescribed by the
28832883 executive council [board] not later than the 90th day before the
28842884 date of the examination; and
28852885 (2) pay the examination fee [set by the executive
28862886 commissioner of the Health and Human Services Commission by rule].
28872887 (d) The executive council [board] shall have any written
28882888 portion of an examination validated by an independent testing
28892889 professional.
28902890 SECTION 2.061. Section 502.2541, Occupations Code, is
28912891 amended to read as follows:
28922892 Sec. 502.2541. JURISPRUDENCE EXAMINATION. (a) The
28932893 executive council [board] shall develop and administer at least
28942894 twice each calendar year a jurisprudence examination to determine
28952895 an applicant's knowledge of this chapter, [board] rules adopted
28962896 under this chapter, and any other applicable laws of this state
28972897 affecting the applicant's practice of marriage and family therapy.
28982898 (b) The executive council [board] shall adopt rules to
28992899 implement this section, including rules related to the development
29002900 and administration of the examination, examination fees,
29012901 guidelines for reexamination, grading the examination, and
29022902 providing notice of examination results.
29032903 SECTION 2.062. Section 502.2545, Occupations Code, is
29042904 amended to read as follows:
29052905 Sec. 502.2545. WAIVER OF EXAMINATION FOR CERTAIN
29062906 APPLICANTS. (a) The executive council [board] may waive the
29072907 requirement that an applicant for a license as a licensed marriage
29082908 and family therapist pass the examination required by Section
29092909 502.254 if the applicant:
29102910 (1) is a provisional license holder under Section
29112911 502.259 and the executive council [board] determines that the
29122912 applicant possesses sufficient education and professional
29132913 experience to receive a license without further examination; or
29142914 (2) holds a license issued by another licensing agency
29152915 in a profession related to the practice of marriage and family
29162916 therapy and the executive council [board] determines that the
29172917 applicant possesses sufficient education and professional
29182918 experience to receive a license without satisfying the examination
29192919 requirements of this chapter.
29202920 (b) The executive council [board] may adopt rules necessary
29212921 to administer this section, including rules under Subsection (a)(2)
29222922 prescribing the professions that are related to the practice of
29232923 marriage and family therapy.
29242924 SECTION 2.063. Section 502.257, Occupations Code, is
29252925 amended to read as follows:
29262926 Sec. 502.257. ISSUANCE OF LICENSE. The executive council
29272927 [board] shall issue a license as a licensed marriage and family
29282928 therapist associate or licensed marriage and family therapist, as
29292929 appropriate, to an applicant who:
29302930 (1) complies with the requirements of this chapter;
29312931 (2) passes the licensing examination, unless the
29322932 executive council [board] exempts the person from the examination
29332933 requirement; and
29342934 (3) pays the required fees.
29352935 SECTION 2.064. Section 502.258(a), Occupations Code, is
29362936 amended to read as follows:
29372937 (a) The executive council [board] by rule may provide for
29382938 the issuance of a temporary license.
29392939 SECTION 2.065. Section 502.259, Occupations Code, is
29402940 amended to read as follows:
29412941 Sec. 502.259. PROVISIONAL LICENSE. (a) The executive
29422942 council [board] may grant a provisional license to practice as a
29432943 marriage and family therapist in this state without examination to
29442944 an applicant who is licensed or otherwise registered as a marriage
29452945 and family therapist by another state or jurisdiction if the
29462946 requirements to be licensed or registered in the other state or
29472947 jurisdiction were, on the date the person was licensed or
29482948 registered, substantially equal to the requirements of this
29492949 chapter.
29502950 (b) An applicant for a provisional license must:
29512951 (1) be licensed in good standing as a marriage and
29522952 family therapist in another state or jurisdiction that has
29532953 licensing requirements that are substantially equal to the
29542954 requirements of this chapter;
29552955 (2) have passed a national or other examination that:
29562956 (A) is recognized by the executive council
29572957 [board]; and
29582958 (B) relates to marriage and family therapy; and
29592959 (3) be sponsored by a person licensed by the executive
29602960 council [board] with whom the provisional license holder may
29612961 practice under this section.
29622962 (c) An applicant may be excused from the requirement of
29632963 Subsection (b)(3) if the executive council [board] determines that
29642964 compliance with that subsection constitutes a hardship to the
29652965 applicant.
29662966 (d) A provisional license is valid until the date the
29672967 executive council [board] approves or denies the provisional
29682968 license holder's application for a license under Section 502.257.
29692969 The executive council [board] shall complete processing of a
29702970 provisional license holder's application for a license not later
29712971 than the 180th day after the date the provisional license is issued.
29722972 The executive council [board] may extend this period to allow for
29732973 the receipt and tabulation of pending examination results.
29742974 (e) The executive council [board] shall issue a license
29752975 under Section 502.257 to a provisional license holder if:
29762976 (1) the provisional license holder passes the
29772977 examination required by Section 502.254;
29782978 (2) the executive council [board] verifies that the
29792979 provisional license holder satisfies the academic and experience
29802980 requirements of this chapter; and
29812981 (3) the provisional license holder satisfies any other
29822982 license requirements under this chapter.
29832983 SECTION 2.066. Sections 502.260(a), (b), and (d),
29842984 Occupations Code, are amended to read as follows:
29852985 (a) The executive council [board] may place a license
29862986 holder's license under this chapter on inactive status if the
29872987 holder is not actively engaged in the practice of marriage and
29882988 family therapy and the holder submits a written request to the
29892989 executive council [board] before the expiration of the holder's
29902990 license.
29912991 (b) The executive council [board] shall maintain a list of
29922992 each license holder whose license is on inactive status.
29932993 (d) The executive council [board] shall remove the license
29942994 holder's license from inactive status if the person:
29952995 (1) notifies the executive council [board] in writing
29962996 that the person intends to return to active practice;
29972997 (2) pays an administrative fee; and
29982998 (3) complies with educational or other requirements
29992999 the executive council [board] adopts by rule.
30003000 SECTION 2.067. Section 502.261(b), Occupations Code, is
30013001 amended to read as follows:
30023002 (b) Each license holder shall notify the executive council
30033003 [board] of the license holder's current address.
30043004 SECTION 2.068. Section 502.301(a), Occupations Code, is
30053005 amended to read as follows:
30063006 (a) A license issued under this chapter is subject to
30073007 biennial renewal. The executive council [board] shall adopt a
30083008 system under which licenses expire on various dates during the
30093009 year.
30103010 SECTION 2.069. The heading to Subchapter H, Chapter 502,
30113011 Occupations Code, is amended to read as follows:
30123012 SUBCHAPTER H. DISCIPLINARY ACTIONS [AND PROCEDURES]
30133013 SECTION 2.070. Section 502.351, Occupations Code, is
30143014 amended to read as follows:
30153015 Sec. 502.351. GROUNDS FOR DISCIPLINARY ACTIONS. The
30163016 executive council [board] shall take disciplinary action under
30173017 Subchapter G, Chapter 506, against [reprimand] a license holder
30183018 who[, place on probation a person whose license has been suspended,
30193019 refuse to renew a person's license, or suspend or revoke a holder's
30203020 license if the person]:
30213021 (1) is convicted of a misdemeanor involving moral
30223022 turpitude or a felony;
30233023 (2) obtains or attempts to obtain a license by fraud or
30243024 deception;
30253025 (3) uses drugs or alcohol to an extent that affects the
30263026 license holder's professional competence;
30273027 (4) performs professional duties in a grossly
30283028 negligent manner;
30293029 (5) is adjudicated as mentally incompetent by a court;
30303030 (6) practices in a manner that is detrimental to the
30313031 public health or welfare;
30323032 (7) advertises in a manner that tends to deceive or
30333033 defraud the public;
30343034 (8) has a license or certification revoked by a
30353035 licensing agency or a certifying professional organization;
30363036 (9) violates this chapter or a rule or code of ethics
30373037 adopted under this chapter; or
30383038 (10) commits an act for which liability exists under
30393039 Chapter 81, Civil Practice and Remedies Code.
30403040 SECTION 2.071. Section 502.357, Occupations Code, is
30413041 amended to read as follows:
30423042 Sec. 502.357. GROUNDS FOR REFUSING RENEWAL. The executive
30433043 council [board] may refuse to renew the license of a person who
30443044 fails to pay an administrative penalty imposed under Subchapter H,
30453045 Chapter 506, [I] unless enforcement of the penalty is stayed or a
30463046 court has ordered that the administrative penalty is not owed.
30473047 SECTION 2.072. Section 502.358, Occupations Code, is
30483048 amended to read as follows:
30493049 Sec. 502.358. REFUND. (a) Subject to Subsection (b), the
30503050 executive council [board] may order a license holder to pay a refund
30513051 to a consumer as provided in an agreement resulting from an informal
30523052 settlement conference instead of or in addition to imposing an
30533053 administrative penalty under Subchapter H, Chapter 506 [this
30543054 chapter].
30553055 (b) The amount of a refund ordered as provided in an
30563056 agreement resulting from an informal settlement conference may not
30573057 exceed the amount the consumer paid to the license holder for a
30583058 service regulated by this chapter. The executive council [board]
30593059 may not require payment of other damages or estimate harm in a
30603060 refund order.
30613061 SECTION 2.073. The heading to Subchapter J, Chapter 502,
30623062 Occupations Code, is amended to read as follows:
30633063 SUBCHAPTER J. CRIMINAL PENALTY [OTHER PENALTIES AND ENFORCEMENT
30643064 PROVISIONS]
30653065 SECTION 2.074. Section 503.002(2), Occupations Code, is
30663066 amended to read as follows:
30673067 (2) "Executive council" ["Department"] means the
30683068 Texas Behavioral Health Executive Council [Department of State
30693069 Health Services].
30703070 SECTION 2.075. The heading to Section 503.104, Occupations
30713071 Code, is amended to read as follows:
30723072 Sec. 503.104. MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
30733073 SECTION 2.076. Sections 503.104(b) and (c), Occupations
30743074 Code, are amended to read as follows:
30753075 (b) A person may not be a member of the board [and may not be
30763076 a department employee employed in a "bona fide executive,
30773077 administrative, or professional capacity," as that phrase is used
30783078 for purposes of establishing an exemption to the overtime
30793079 provisions of the federal Fair Labor Standards Act of 1938 (29
30803080 U.S.C. Section 201 et seq.)] if:
30813081 (1) the person is an officer, employee, manager, or
30823082 paid consultant of a Texas trade association in the field of health
30833083 care; or
30843084 (2) the person's spouse is an officer, manager, or paid
30853085 consultant of a Texas trade association in the field of mental
30863086 health.
30873087 (c) A person may not be a member of the board [or act as the
30883088 general counsel to the board or the department] if the person is
30893089 required to register as a lobbyist under Chapter 305, Government
30903090 Code, because of the person's activities for compensation on behalf
30913091 of a profession related to the operation of the board.
30923092 SECTION 2.077. Section 503.107(c), Occupations Code, is
30933093 amended to read as follows:
30943094 (c) If the executive director of the executive council has
30953095 knowledge that a potential ground for removal exists, the executive
30963096 director shall notify the presiding officer of the board of the
30973097 potential ground. The presiding officer shall then notify the
30983098 governor and the attorney general that a potential ground for
30993099 removal exists. If the potential ground for removal involves the
31003100 presiding officer, the executive director shall notify the next
31013101 highest ranking officer of the board, who shall then notify the
31023102 governor and attorney general that a potential ground for removal
31033103 exists.
31043104 SECTION 2.078. Section 503.110, Occupations Code, is
31053105 amended by amending Subsection (b) and adding Subsection (d) to
31063106 read as follows:
31073107 (b) The training program must provide the person with
31083108 information regarding:
31093109 (1) the law governing board operations;
31103110 (2) [this chapter and] the [board's] programs,
31113111 functions, rules, and budget of the board;
31123112 (3) the scope of and limitations on the rulemaking
31133113 authority of the board;
31143114 (4) [(2)] the results of the most recent formal audit
31153115 of the board;
31163116 (5) [(3)] the requirements of:
31173117 (A) laws relating to open meetings, public
31183118 information, administrative procedure, and disclosing
31193119 conflicts-of-interest; and
31203120 (B) other laws applicable to members of the board
31213121 in performing their duties; and
31223122 (6) [(4)] any applicable ethics policies adopted by
31233123 the board or the Texas Ethics Commission.
31243124 (d) The executive director of the executive council shall
31253125 create a training manual that includes the information required by
31263126 Subsection (b). The executive director shall distribute a copy of
31273127 the training manual annually to each board member. On receipt of the
31283128 training manual, each board member shall sign and submit to the
31293129 executive director a statement acknowledging receipt of the
31303130 training manual.
31313131 SECTION 2.079. The heading to Subchapter E, Chapter 503,
31323132 Occupations Code, is amended to read as follows:
31333133 SUBCHAPTER E. [BOARD] POWERS AND DUTIES
31343134 SECTION 2.080. Section 503.201, Occupations Code, is
31353135 amended to read as follows:
31363136 Sec. 503.201. GENERAL POWERS AND DUTIES OF EXECUTIVE
31373137 COUNCIL. (a) The executive council [board] shall:
31383138 (1) determine the qualifications and fitness of an
31393139 applicant for a license, license renewal, or provisional license;
31403140 (2) examine for, deny, approve, issue, revoke,
31413141 suspend, suspend on an emergency basis, place on probation, and
31423142 renew the license of an applicant or license holder under this
31433143 chapter;
31443144 (3) adopt and publish a code of ethics; and
31453145 (4) by rule adopt a list of authorized counseling
31463146 methods or practices that a license holder may undertake or
31473147 perform[; and
31483148 [(5) adopt an official seal].
31493149 (b) The executive council [board] may request and shall
31503150 receive the assistance of a state educational institution or other
31513151 state agency.
31523152 SECTION 2.081. Subchapter E, Chapter 503, Occupations Code,
31533153 is amended by adding Section 503.2015 to read as follows:
31543154 Sec. 503.2015. BOARD DUTIES. The board shall propose to the
31553155 executive council:
31563156 (1) rules regarding:
31573157 (A) the qualifications necessary to obtain a
31583158 license, including rules limiting an applicant's eligibility for a
31593159 license based on the applicant's criminal history;
31603160 (B) the scope of practice of and standards of
31613161 care and ethical practice for professional counseling; and
31623162 (C) continuing education requirements for
31633163 license holders; and
31643164 (2) a schedule of sanctions for violations of this
31653165 chapter or rules adopted under this chapter.
31663166 SECTION 2.082. Section 503.207, Occupations Code, is
31673167 amended to read as follows:
31683168 Sec. 503.207. LICENSE HOLDER REGISTRY. (a) Each year the
31693169 executive council [board] shall prepare a registry of persons
31703170 licensed under this chapter. The registry must include listings of
31713171 any specializations permitted by law or by executive council
31723172 [board] rule. The registry shall be made available on request to a
31733173 license holder, another state agency, or a member of the public.
31743174 (b) A person licensed under this chapter shall inform the
31753175 executive council [board] of the person's current address at all
31763176 times.
31773177 SECTION 2.083. Section 503.208, Occupations Code, is
31783178 amended to read as follows:
31793179 Sec. 503.208. COMPETENT PERFORMANCE OF PROFESSIONAL
31803180 DUTIES. The executive council [board] shall identify the key
31813181 factors for the competent performance by a license holder of the
31823182 license holder's professional duties.
31833183 SECTION 2.084. Section 503.302, Occupations Code, is
31843184 amended to read as follows:
31853185 Sec. 503.302. QUALIFICATIONS FOR LICENSE. (a) A person
31863186 qualifies for a license under this chapter if the person:
31873187 (1) is at least 18 years old;
31883188 (2) has a master's or doctoral degree in counseling or
31893189 a related field;
31903190 (3) has successfully completed a graduate degree at a
31913191 regionally accredited institution of higher education and the
31923192 number of graduate semester hours required by executive council
31933193 [board] rule, which may not be less than 48 hours and must include
31943194 300 clock hours of supervised practicum that:
31953195 (A) is primarily counseling in nature; and
31963196 (B) meets the specific academic course content
31973197 and training standards established by the executive council
31983198 [board];
31993199 (4) has completed the number of supervised experience
32003200 hours required by executive council [board] rule, which may not be
32013201 less than 3,000 hours working in a counseling setting that meets the
32023202 requirements established by the executive council [board] after the
32033203 completion of the graduate program described by Subdivision (3);
32043204 (5) [except as provided by Subsection (b),] passes the
32053205 license examination and jurisprudence examination required by this
32063206 chapter;
32073207 (6) submits an application as required by the
32083208 executive council [board], accompanied by the required application
32093209 fee; and
32103210 (7) meets any other requirement prescribed by the
32113211 executive council [board].
32123212 (b) [(d)] In establishing the standards described by
32133213 Subsection (a)(3)(B), the executive council [board] shall review
32143214 and consider the standards as developed by the appropriate
32153215 professional association.
32163216 (c) [(e)] The executive council [board] may require the
32173217 statements on a license application to be made under oath.
32183218 SECTION 2.085. Section 503.303(b), Occupations Code, is
32193219 amended to read as follows:
32203220 (b) The executive council [board] shall accept an
32213221 individual course from an art therapy program accredited through
32223222 the American Art Therapy Association as satisfying the education
32233223 requirements under Section 503.302(a)(3) if at least 75 percent of
32243224 the course content is substantially equivalent to the content of a
32253225 course required by executive council [board] rule.
32263226 SECTION 2.086. Section 503.304, Occupations Code, is
32273227 amended to read as follows:
32283228 Sec. 503.304. REVIEW OF APPLICATION. (a) Not later than
32293229 the 30th day before the examination date, after investigation of a
32303230 license application and review of other evidence submitted, the
32313231 executive council [board] shall notify the applicant that the
32323232 application and evidence submitted are:
32333233 (1) satisfactory and accepted; or
32343234 (2) unsatisfactory and rejected.
32353235 (b) If the executive council [board] rejects an
32363236 application, the executive council [board] shall state in the
32373237 notice the reasons for the rejection.
32383238 SECTION 2.087. Section 503.305, Occupations Code, is
32393239 amended to read as follows:
32403240 Sec. 503.305. LICENSE EXAMINATION. (a) The executive
32413241 council [board] shall administer examinations to determine the
32423242 competence of qualified applicants at least twice each calendar
32433243 year.
32443244 (b) The executive council [board] shall contract with a
32453245 nationally recognized testing organization to develop and
32463246 administer a written professional counselor licensing examination
32473247 to applicants who apply for a license under this chapter.
32483248 SECTION 2.088. Section 503.3055, Occupations Code, is
32493249 amended to read as follows:
32503250 Sec. 503.3055. JURISPRUDENCE EXAMINATION. (a) The
32513251 executive council [board] shall develop and administer at least
32523252 twice each calendar year a jurisprudence examination to determine
32533253 an applicant's knowledge of this chapter, executive council [board]
32543254 rules, and any other applicable laws of this state affecting the
32553255 applicant's professional counseling practice.
32563256 (b) The executive council [board] shall adopt rules to
32573257 implement this section, including rules related to the development
32583258 and administration of the examination, examination fees,
32593259 guidelines for reexamination, grading the examination, and
32603260 providing notice of examination results.
32613261 SECTION 2.089. Section 503.308, Occupations Code, is
32623262 amended to read as follows:
32633263 Sec. 503.308. TEMPORARY LICENSE. (a) The executive
32643264 council [board] by rule may provide for the issuance of a temporary
32653265 license. Rules adopted under this subsection must provide a time
32663266 limit for the period a temporary license is valid.
32673267 (b) The executive council [board] by rule may adopt a system
32683268 under which a temporary license may be issued to a person who:
32693269 (1) meets all of the academic requirements for
32703270 licensing; and
32713271 (2) enters into a supervisory agreement with a
32723272 supervisor approved by the executive council [board].
32733273 SECTION 2.090. Sections 503.310(a), (c), and (d),
32743274 Occupations Code, are amended to read as follows:
32753275 (a) On application and payment of applicable fees, the
32763276 executive council [board] may issue a provisional license to a
32773277 person who holds a license as a counselor or art therapist issued by
32783278 another state or by a jurisdiction acceptable to the executive
32793279 council [board].
32803280 (c) An applicant is not required to comply with Subsection
32813281 (b)(3) if the executive council [board] determines that compliance
32823282 with that subsection is a hardship to the applicant.
32833283 (d) A provisional license is valid until the date the
32843284 executive council [board] approves or denies the provisional
32853285 license holder's application for a license under Section 503.311.
32863286 SECTION 2.091. Section 503.311, Occupations Code, is
32873287 amended to read as follows:
32883288 Sec. 503.311. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE
32893289 HOLDER. (a) The executive council [board] shall issue a license to
32903290 the holder of a provisional license who applies for a license if:
32913291 (1) the executive council [board] verifies that the
32923292 applicant has the academic and experience requirements for a
32933293 regular license under this chapter; and
32943294 (2) the applicant satisfies any other license
32953295 requirements under this chapter.
32963296 (b) The executive council [board] must complete the
32973297 processing of a provisional license holder's application for a
32983298 license not later than the later of:
32993299 (1) the 180th day after the date the provisional
33003300 license is issued; or
33013301 (2) the date licenses are issued following completion
33023302 of the next licensing and jurisprudence examinations
33033303 [examination].
33043304 SECTION 2.092. Sections 503.312(a) and (c), Occupations
33053305 Code, are amended to read as follows:
33063306 (a) On request of a person licensed under this chapter, the
33073307 executive council [board] shall place the person's license on
33083308 inactive status.
33093309 (c) A person whose license is inactive may apply to
33103310 reactivate the license. The executive council [board] shall
33113311 reactivate the license if the applicant:
33123312 (1) pays a license fee;
33133313 (2) is not in violation of this chapter when the
33143314 applicant applies to reactivate the license; and
33153315 (3) fulfills the requirements provided by executive
33163316 council [board] rule for the holder of an inactive license.
33173317 SECTION 2.093. Section 503.313, Occupations Code, is
33183318 amended to read as follows:
33193319 Sec. 503.313. RETIREMENT STATUS. The executive council
33203320 [board] by rule may adopt a system for placing a person licensed
33213321 under this chapter on retirement status.
33223322 SECTION 2.094. Section 503.314(b), Occupations Code, is
33233323 amended to read as follows:
33243324 (b) A license certificate issued by the executive council
33253325 [board] is the property of the executive council [board] and must be
33263326 surrendered on demand.
33273327 SECTION 2.095. Section 503.351, Occupations Code, is
33283328 amended to read as follows:
33293329 Sec. 503.351. RENEWAL; ELIGIBILITY. A person licensed
33303330 under this chapter may renew the license biennially if the person:
33313331 (1) is not in violation of this chapter when the person
33323332 applies for renewal; and
33333333 (2) fulfills the continuing education requirements
33343334 established by the executive council [board].
33353335 SECTION 2.096. Section 503.352, Occupations Code, is
33363336 amended to read as follows:
33373337 Sec. 503.352. LICENSE EXPIRATION DATE. The executive
33383338 council [board] shall adopt a system under which licenses expire on
33393339 various dates during the year. On renewal of the license on the
33403340 expiration date, the total license renewal fee is payable.
33413341 SECTION 2.097. Section 503.353, Occupations Code, is
33423342 amended to read as follows:
33433343 Sec. 503.353. NOTICE OF LICENSE EXPIRATION. Not later than
33443344 the 30th day before the expiration date of a person's license, the
33453345 executive council [board] shall send written notice of the
33463346 impending license expiration to the person at the person's last
33473347 known address according to the executive council's [board's]
33483348 records.
33493349 SECTION 2.098. The heading to Subchapter I, Chapter 503,
33503350 Occupations Code, is amended to read as follows:
33513351 SUBCHAPTER I. DISCIPLINARY ACTIONS [PROCEDURES]
33523352 SECTION 2.099. Section 503.401(a), Occupations Code, is
33533353 amended to read as follows:
33543354 (a) A person licensed under this chapter is subject to
33553355 disciplinary action under Subchapter G, Chapter 506, [this section]
33563356 if the person:
33573357 (1) violates this chapter or a rule or code of ethics
33583358 adopted under this chapter [by the board];
33593359 (2) commits an act for which the license holder would
33603360 be liable under Chapter 81, Civil Practice and Remedies Code;
33613361 (3) is legally committed to an institution because of
33623362 mental incompetence from any cause; or
33633363 (4) directly or indirectly offers to pay or agrees to
33643364 accept remuneration to or from any person for securing or
33653365 soliciting a patient or patronage.
33663366 SECTION 2.100. Section 503.407, Occupations Code, is
33673367 amended to read as follows:
33683368 Sec. 503.407. REFUND. (a) Subject to Subsection (b), the
33693369 executive council [board] may order a license holder to pay a refund
33703370 to a consumer as provided in an agreement resulting from an informal
33713371 settlement conference instead of or in addition to imposing an
33723372 administrative penalty under this chapter.
33733373 (b) The amount of a refund ordered as provided in an
33743374 agreement resulting from an informal settlement conference may not
33753375 exceed the amount the consumer paid to the license holder for a
33763376 service regulated by this chapter. The executive council [board]
33773377 may not require payment of other damages or estimate harm in a
33783378 refund order.
33793379 SECTION 2.101. Section 503.453, Occupations Code, is
33803380 amended to read as follows:
33813381 Sec. 503.453. REPORT OF ALLEGED OFFENSE. The executive
33823382 council [board] shall notify the appropriate prosecuting attorney
33833383 of an alleged offense committed under this chapter.
33843384 SECTION 2.102. Sections 504.001(4), (6), (8), and (9),
33853385 Occupations Code, are amended to read as follows:
33863386 (4) "Clinical training institution" means a person
33873387 registered with the executive council [department] in accordance
33883388 with Section 504.1521 to supervise a counselor intern.
33893389 (6) "Counselor intern" means a person registered with
33903390 the executive council [department] in accordance with Section
33913391 504.1515.
33923392 (8) "Executive council" [commissioner"] means the
33933393 Texas Behavioral Health Executive Council [executive commissioner
33943394 of the Health and Human Services Commission].
33953395 (9) "Peer assistance program" means a program approved
33963396 by the executive council [department] under Section 504.057.
33973397 SECTION 2.103. The heading to Subchapter B, Chapter 504,
33983398 Occupations Code, is amended to read as follows:
33993399 SUBCHAPTER B. POWERS AND DUTIES OF EXECUTIVE COUNCIL [COMMISSIONER
34003400 AND DEPARTMENT]
34013401 SECTION 2.104. Section 504.051, Occupations Code, is
34023402 amended to read as follows:
34033403 Sec. 504.051. GENERAL POWERS AND DUTIES [OF EXECUTIVE
34043404 COMMISSIONER]. The executive council [commissioner] shall:
34053405 (1) adopt rules as necessary for the performance of
34063406 its duties under this chapter;
34073407 (2) establish standards of conduct and ethics for
34083408 persons licensed under this chapter; and
34093409 (3) establish any additional criteria for peer
34103410 assistance programs for chemical dependency counselors that the
34113411 executive council [commissioner] determines necessary.
34123412 SECTION 2.105. Section 504.052, Occupations Code, is
34133413 amended to read as follows:
34143414 Sec. 504.052. DISCRIMINATION PROHIBITED. In taking an
34153415 action or making a decision under this chapter, the executive
34163416 council [commissioner, commissioner, and department] shall do so
34173417 without regard to the sex, race, religion, national origin, color,
34183418 or political affiliation of the person affected. For purposes of
34193419 this section, taking an action or making a decision under this
34203420 chapter includes:
34213421 (1) considering a license application;
34223422 (2) conducting an examination;
34233423 (3) adopting or enforcing a rule; and
34243424 (4) conducting a disciplinary proceeding.
34253425 SECTION 2.106. Sections 504.055(a), (b), and (d),
34263426 Occupations Code, are amended to read as follows:
34273427 (a) The executive council [department] may prepare and
34283428 publish a roster showing the name and address, as reflected by the
34293429 executive council's [department's] records, of each chemical
34303430 dependency counselor.
34313431 (b) If the executive council [department] publishes a
34323432 roster under this section, the executive council [department] shall
34333433 mail a copy of the roster to each person licensed under this chapter
34343434 [by the department] and shall file a copy of the roster with the
34353435 secretary of state.
34363436 (d) The executive council [department] may charge a fee [in
34373437 an amount set by the executive commissioner by rule] for the roster
34383438 published under this section.
34393439 SECTION 2.107. Section 504.057, Occupations Code, is
34403440 amended to read as follows:
34413441 Sec. 504.057. APPROVAL OF PEER ASSISTANCE PROGRAMS. (a)
34423442 The executive council [department] shall approve one or more peer
34433443 assistance programs established [by the department or a
34443444 professional association] in accordance with Chapter 467, Health
34453445 and Safety Code, from which persons licensed under this chapter may
34463446 seek assistance.
34473447 (b) The executive council [department] shall approve a peer
34483448 assistance program that:
34493449 (1) meets the minimum criteria established [by the
34503450 executive commissioner or department] under Chapter 467, Health and
34513451 Safety Code;
34523452 (2) meets any additional criteria established by the
34533453 executive council [commissioner or department] for chemical
34543454 dependency counselors licensed under this chapter; and
34553455 (3) is designed to assist a chemical dependency
34563456 counselor whose ability to perform a professional service is
34573457 impaired by abuse of or dependency on drugs or alcohol.
34583458 (c) The executive council [department] shall maintain a
34593459 list of approved peer assistance programs for licensed chemical
34603460 dependency counselors on the executive council's [department's]
34613461 Internet website.
34623462 SECTION 2.108. Section 504.058, Occupations Code, is
34633463 amended to read as follows:
34643464 Sec. 504.058. FUNDING FOR CHEMICAL DEPENDENCY COUNSELOR
34653465 PROGRAMS. (a) The executive council [commissioner] shall add a
34663466 surcharge of not more than $10 to the license or license renewal fee
34673467 for a license under this chapter to fund approved peer assistance
34683468 programs for chemical dependency counselors. Money collected from
34693469 the surcharge shall be remitted to the comptroller for deposit to
34703470 the credit of the chemical dependency counselor account. The
34713471 chemical dependency counselor account is an account in the general
34723472 revenue fund.
34733473 (b) Subject to the General Appropriations Act, the
34743474 executive council [department] may use the money from the surcharge
34753475 collected under this section and deposited in the chemical
34763476 dependency counselor account only to fund approved peer assistance
34773477 programs and to pay the administrative costs incurred by the
34783478 executive council [department] that are related to the programs.
34793479 SECTION 2.109. Subchapter B, Chapter 504, Occupations Code,
34803480 is amended by adding Section 504.059 to read as follows:
34813481 Sec. 504.059. ADVISORY BOARD. The executive council shall
34823482 establish an advisory board to provide advice and recommendations
34833483 to the executive council on technical matters relevant to the
34843484 administration of this chapter. Chapter 2110, Government Code,
34853485 does not apply to the duration of the advisory board.
34863486 SECTION 2.110. Section 504.1511, Occupations Code, is
34873487 amended to read as follows:
34883488 Sec. 504.1511. OTHER CERTIFICATIONS INCLUDED ON LICENSE. A
34893489 license issued under this chapter must include an area on which a
34903490 license holder may apply an adhesive label issued by the Texas
34913491 Certification Board of Addiction Professionals with the
34923492 designation and expiration date of any other related certification
34933493 held by the license holder that is approved by the International
34943494 Certification and Reciprocity Consortium or another entity
34953495 approved by the executive council [department].
34963496 SECTION 2.111. Section 504.1515, Occupations Code, is
34973497 amended to read as follows:
34983498 Sec. 504.1515. COUNSELOR INTERNS. (a) A person seeking a
34993499 license as a chemical dependency counselor shall register with the
35003500 executive council [department] as a counselor intern by submitting,
35013501 in a form acceptable to the executive council [department], the
35023502 following:
35033503 (1) an application fee and a background investigation
35043504 fee;
35053505 (2) a completed, signed, dated, and notarized
35063506 application on a form prescribed by the executive council
35073507 [department];
35083508 (3) a recent full-face wallet-sized photograph of the
35093509 applicant;
35103510 (4) two sets of fingerprints completed in accordance
35113511 with executive council [department] instructions on cards issued by
35123512 the executive council [department];
35133513 (5) documentation verifying the applicant
35143514 successfully completed:
35153515 (A) 270 total hours of approved curricula
35163516 described by Section 504.152(a)(3)(A) [504.152(3)(A)]; and
35173517 (B) 300 hours of approved supervised field work
35183518 practicum described by Section 504.152(a)(3)(C) [504.152(3)(C)];
35193519 and
35203520 (6) documentation verifying the applicant received a
35213521 high school diploma or its equivalent.
35223522 (b) The executive council [department] may obtain criminal
35233523 history record information relating to a counselor intern or an
35243524 applicant for registration as a counselor intern from the
35253525 Department of Public Safety and the Federal Bureau of
35263526 Investigation.
35273527 SECTION 2.112. Section 504.152, Occupations Code, is
35283528 amended to read as follows:
35293529 Sec. 504.152. ELIGIBILITY REQUIREMENTS. (a) To be
35303530 eligible for a license under this chapter, a person must:
35313531 (1) be at least 18 years of age;
35323532 (2) hold an associate degree or a more advanced
35333533 degree;
35343534 (3) have completed:
35353535 (A) 135 hours, or nine semester hours, specific
35363536 to substance abuse disorders and treatment and an additional 135
35373537 hours, or nine semester hours, specific or related to chemical
35383538 dependency counseling;
35393539 (B) 4,000 hours of approved supervised
35403540 experience working with chemically dependent persons; and
35413541 (C) 300 hours of approved supervised field work
35423542 practicum;
35433543 (4) provide two letters of reference from chemical
35443544 dependency counselors;
35453545 (5) pass a written examination approved by the
35463546 executive council [department];
35473547 (6) submit a case presentation to the test
35483548 administrator;
35493549 (7) be determined by the executive council
35503550 [department] to be worthy of the public trust and confidence;
35513551 (8) successfully complete the chemical dependency
35523552 counselor examination under Section 504.156;
35533553 (9) sign a written agreement to comply with the
35543554 standards of ethics approved by the executive council [department];
35553555 and
35563556 (10) provide to the executive council [department]
35573557 written assurance that the applicant has access to a peer
35583558 assistance program.
35593559 (b) The executive council [department] may waive the
35603560 requirement under Subsection (a)(10) if the executive council
35613561 [department] determines that a peer assistance program is not
35623562 reasonably available to the license holder.
35633563 SECTION 2.113. Section 504.1521(b), Occupations Code, is
35643564 amended to read as follows:
35653565 (b) The executive council [commissioner] shall adopt rules
35663566 necessary to:
35673567 (1) register clinical training institutions that meet
35683568 the criteria established by the executive council [commissioner] to
35693569 protect the safety and welfare of the people of this state; and
35703570 (2) certify clinical supervisors who hold
35713571 certification credentials approved by the executive council
35723572 [department] or by a person designated by the executive council
35733573 [department], such as the International Certification and
35743574 Reciprocity Consortium or another person that meets the criteria
35753575 established by the executive council [commissioner] to protect the
35763576 safety and welfare of the people of this state.
35773577 SECTION 2.114. Sections 504.1525(a) and (b), Occupations
35783578 Code, are amended to read as follows:
35793579 (a) Except as provided by Subsection (b), the executive
35803580 council [department] may not issue a license, registration, or
35813581 certification under this chapter to an applicant who has been:
35823582 (1) convicted or placed on community supervision
35833583 during the three years preceding the date of application in any
35843584 jurisdiction for an offense equal to a Class B misdemeanor
35853585 specified by executive council [department] rule;
35863586 (2) convicted or placed on community supervision in
35873587 any jurisdiction for an offense equal to or greater than a Class A
35883588 misdemeanor specified by executive council [department] rule; or
35893589 (3) found to be incapacitated by a court on the basis
35903590 of a mental defect or disease.
35913591 (b) The executive council [department] may issue a license,
35923592 registration, or certification to a person convicted or placed on
35933593 community supervision in any jurisdiction for a drug or alcohol
35943594 offense described by Subsection (a)(1) or (2) if the executive
35953595 council [department] determines that the applicant has
35963596 successfully completed participation in an approved peer
35973597 assistance program.
35983598 SECTION 2.115. Section 504.153, Occupations Code, is
35993599 amended to read as follows:
36003600 Sec. 504.153. ALTERNATIVE QUALIFICATIONS AND EVIDENCE OF
36013601 LICENSE REQUIREMENT SATISFACTION. (a) An applicant is exempt from
36023602 the requirements of Sections 504.152(a)(3)(A) [504.152(3)(A)] and
36033603 (C) if the applicant holds a baccalaureate degree or a more advanced
36043604 degree in:
36053605 (1) chemical dependency counseling; or
36063606 (2) psychology, sociology, or any other related
36073607 program approved by the executive council [department].
36083608 (b) On presentation of documentation by an applicant who
36093609 holds a degree described by Subsection (a), the executive council
36103610 [department] may waive any portion of the requirement established
36113611 by Section 504.152(a)(3)(B) [504.152(3)(B)] that the executive
36123612 council [department] determines has been satisfied as evidenced by
36133613 the documentation.
36143614 SECTION 2.116. Section 504.155, Occupations Code, is
36153615 amended to read as follows:
36163616 Sec. 504.155. LICENSE APPLICATION. (a) An application for
36173617 a license under this chapter must:
36183618 (1) be on a form prescribed and furnished by the
36193619 executive council [department]; and
36203620 (2) contain a statement made under oath of the
36213621 applicant's education, experience, and other qualifications
36223622 established by the executive council [department] as required for a
36233623 license under this chapter.
36243624 (b) The executive council [department] may require
36253625 additional information regarding the quality, scope, and nature of
36263626 the experience and competence of the applicant if the executive
36273627 council [department] determines that a person's application lacks
36283628 sufficient information for consideration by the executive council
36293629 [department].
36303630 (c) The executive council [department] may obtain criminal
36313631 history record information relating to an applicant for a license
36323632 under this chapter from the Department of Public Safety and the
36333633 Federal Bureau of Investigation. The executive council
36343634 [department] may deny an application for a license if the applicant
36353635 fails to provide two complete sets of fingerprints on a form
36363636 prescribed by the executive council [department].
36373637 (d) The issuance of a license by the executive council
36383638 [department] is conditioned on the receipt by the executive council
36393639 [department] of the applicant's criminal history record
36403640 information.
36413641 SECTION 2.117. Section 504.156(a), Occupations Code, is
36423642 amended to read as follows:
36433643 (a) At least twice each year, the executive council
36443644 [department] may prepare and administer or contract with an
36453645 organization approved by the International Certification and
36463646 Reciprocity Consortium to prepare and administer an examination to
36473647 determine the qualifications of an applicant for a license under
36483648 this chapter. The examination shall be conducted as determined by
36493649 the executive council [department] and in a manner that is fair and
36503650 impartial to and takes into consideration each school or system of
36513651 chemical dependency counseling.
36523652 SECTION 2.118. Section 504.158, Occupations Code, is
36533653 amended to read as follows:
36543654 Sec. 504.158. PROVISIONAL LICENSE. (a) The executive
36553655 council [department] may issue a provisional license to an
36563656 applicant who is licensed in another state. An applicant for a
36573657 provisional license under this section must:
36583658 (1) be licensed in good standing as a chemical
36593659 dependency counselor at least two years in another state or country
36603660 that has licensing requirements substantially equivalent to the
36613661 requirements of this chapter;
36623662 (2) have passed a national or other examination
36633663 recognized by the executive council [department] relating to the
36643664 practice of chemical dependency counseling; and
36653665 (3) be sponsored by a person licensed [by the
36663666 department] under this chapter with whom the provisional license
36673667 holder may practice.
36683668 (b) The executive council [department] may waive the
36693669 requirement of Subsection (a)(3) if the executive council
36703670 [department] determines that compliance with that subsection would
36713671 constitute a hardship to the applicant.
36723672 (c) [The executive commissioner by rule may establish a fee
36733673 for a provisional license.
36743674 [(d)] A provisional license is valid until the date the
36753675 executive council [department] approves or denies the provisional
36763676 license holder's application for a license under Section 504.159.
36773677 SECTION 2.119. Section 504.159, Occupations Code, is
36783678 amended to read as follows:
36793679 Sec. 504.159. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE
36803680 HOLDER. (a) The executive council [department] shall issue a
36813681 license under this chapter to a provisional license holder who
36823682 satisfies the eligibility requirements established by Section
36833683 504.152. When issuing a license under this subsection, the
36843684 executive council [department] may waive the requirements
36853685 established by Sections 504.152(a)(6) [504.152(6), (7),] and (8)
36863686 [(9)].
36873687 (b) The executive council [department] shall complete the
36883688 processing of a provisional license holder's application for a
36893689 license not later than the 180th day after the date the provisional
36903690 license is issued. The executive council [department] may extend
36913691 the 180-day period if the executive council [department] has not
36923692 received information necessary to determine whether the applicant
36933693 is eligible for a license as provided by Subsection (a).
36943694 SECTION 2.120. Section 504.160, Occupations Code, is
36953695 amended to read as follows:
36963696 Sec. 504.160. ISSUANCE OF LICENSE TO CERTAIN OUT-OF-STATE
36973697 APPLICANTS. (a) The executive council [department] may, on
36983698 application and payment of the appropriate fee, issue a license to a
36993699 person who is licensed or certified by another state as a chemical
37003700 dependency counselor if the executive council [department]
37013701 determines that the license or certificate requirements of that
37023702 state are substantially equivalent to the requirements of this
37033703 chapter.
37043704 (b) The executive council [department] may waive any
37053705 license requirement for an applicant with a license or certificate
37063706 issued by another state with which this state has a reciprocity
37073707 agreement.
37083708 SECTION 2.121. Section 504.201(a), Occupations Code, is
37093709 amended to read as follows:
37103710 (a) A license issued under this chapter expires on the
37113711 second anniversary of the date of issuance. The executive council
37123712 [commissioner] by rule shall adopt a system under which licenses
37133713 expire on various dates during the year.
37143714 SECTION 2.122. Section 504.202, Occupations Code, is
37153715 amended to read as follows:
37163716 Sec. 504.202. NOTICE OF LICENSE EXPIRATION AND REQUIREMENTS
37173717 TO RENEW. Not later than the 31st day before the expiration date of
37183718 a person's license, the executive council [department] shall send
37193719 to the license holder at the license holder's last known address
37203720 according to the executive council's [department] records written
37213721 notice of:
37223722 (1) the impending license expiration;
37233723 (2) the amount of the renewal fee; and
37243724 (3) any continuing education required to renew the
37253725 license.
37263726 SECTION 2.123. Section 504.2025, Occupations Code, is
37273727 amended to read as follows:
37283728 Sec. 504.2025. CERTAIN GROUNDS FOR REFUSAL TO RENEW
37293729 LICENSE, REGISTRATION, OR CERTIFICATION. (a) Except as provided
37303730 by Subsection (b), the executive council [department] shall refuse
37313731 to renew a license, registration, or certification under this
37323732 chapter on receipt of information from the Department of Public
37333733 Safety or another law enforcement agency that the person has been
37343734 convicted, placed on community supervision, or found to be
37353735 incapacitated as described by Section 504.1525.
37363736 (b) The executive council [department] may renew a license
37373737 under this chapter if the executive council [department] determines
37383738 that the person has successfully completed participation in an
37393739 approved peer assistance program subsequent to the conviction or
37403740 placement on community supervision for an offense described by
37413741 Section 504.1525(b).
37423742 SECTION 2.124. Section 504.2026, Occupations Code, is
37433743 amended to read as follows:
37443744 Sec. 504.2026. REFUSAL TO RENEW LICENSE: ACCESS TO PEER
37453745 ASSISTANCE PROGRAM. (a) Except as provided by Subsection (b), the
37463746 executive council [department] may not renew a license under this
37473747 chapter unless the license holder provides to the executive council
37483748 [department] written documentation that the license holder has
37493749 access to an approved peer assistance program.
37503750 (b) The executive council [department] may waive the
37513751 requirement of Subsection (a) if the executive council [department]
37523752 determines that a peer assistance program is not reasonably
37533753 available to the license holder.
37543754 SECTION 2.125. Section 504.205(d), Occupations Code, is
37553755 amended to read as follows:
37563756 (d) Except for the number of hours required, the executive
37573757 council [commissioner] may not adopt a rule [under Subsection (a)]
37583758 that distinguishes between the continuing education requirements
37593759 for a license holder subject to Subsection (b) and a license holder
37603760 subject to Subsection (c).
37613761 SECTION 2.126. Sections 504.206(b) and (d), Occupations
37623762 Code, are amended to read as follows:
37633763 (b) The executive council [department] shall recognize,
37643764 prepare, or administer a training component that satisfies the
37653765 requirement of Subsection (a) for use in continuing education for
37663766 chemical dependency counselors.
37673767 (d) In developing the training component, the executive
37683768 council [department] may, to the extent appropriate, consider the
37693769 training course relating to hepatitis C developed by the Department
37703770 of State Health Services [department] under Section 94.002, Health
37713771 and Safety Code.
37723772 SECTION 2.127. The heading to Subchapter F, Chapter 504,
37733773 Occupations Code, is amended to read as follows:
37743774 SUBCHAPTER F. DISCIPLINARY ACTIONS [PROCEEDINGS]
37753775 SECTION 2.128. Section 504.251, Occupations Code, is
37763776 amended to read as follows:
37773777 Sec. 504.251. GROUNDS FOR [LICENSE, REGISTRATION, OR
37783778 CERTIFICATION DENIAL OR] DISCIPLINARY ACTION. The executive
37793779 council [department] shall take disciplinary action under
37803780 Subchapter G, Chapter 506, against an [refuse to issue a license,
37813781 registration, or certification issued by the department to an
37823782 applicant, refuse to renew a license, registration, or
37833783 certification holder's license, registration, or certification
37843784 issued by the department, or take disciplinary action against the
37853785 holder of a license, registration, or certification issued by the
37863786 department if the] applicant or license, registration, or
37873787 certification holder who:
37883788 (1) violates or assists another to violate this
37893789 chapter or a rule adopted under this chapter;
37903790 (2) circumvents or attempts to circumvent this chapter
37913791 or a rule adopted under this chapter;
37923792 (3) directly or indirectly participates in a plan to
37933793 evade this chapter or a rule adopted under this chapter;
37943794 (4) has a license to practice chemical dependency
37953795 counseling in another jurisdiction refused, suspended, or revoked
37963796 for a reason that the executive council [department] determines
37973797 would constitute a violation of this chapter or a rule adopted under
37983798 this chapter;
37993799 (5) engages in false, misleading, or deceptive conduct
38003800 as defined by Section 17.46, Business & Commerce Code;
38013801 (6) engages in conduct that discredits or tends to
38023802 discredit the profession of chemical dependency counseling;
38033803 (7) directly or indirectly reveals a confidential
38043804 communication made to the person by a client or recipient of
38053805 services, except as required by law;
38063806 (8) refuses to perform an act or service the person is
38073807 licensed, registered, or certified to perform under this chapter on
38083808 the basis of the client's or recipient's age, sex, race, religion,
38093809 national origin, color, or political affiliation; or
38103810 (9) commits an act for which liability exists under
38113811 Chapter 81, Civil Practice and Remedies Code.
38123812 SECTION 2.129. Section 504.2525(a), Occupations Code, is
38133813 amended to read as follows:
38143814 (a) The executive council [department] shall suspend a
38153815 [the] license, registration, or certification issued under this
38163816 chapter [by the department of a license, registration, or
38173817 certification holder] if the executive council [department]
38183818 receives written notice from the Department of Public Safety or
38193819 another law enforcement agency that the license, registration, or
38203820 certification holder has been charged, indicted, placed on deferred
38213821 adjudication, community supervision, or probation, or convicted of
38223822 an offense described by Section 504.1525.
38233823 SECTION 2.130. Sections 504.255(a) and (c), Occupations
38243824 Code, are amended to read as follows:
38253825 (a) A person whose license, registration, or certification
38263826 application is denied under Section 504.1525, whose license,
38273827 registration, or certification renewal is refused under Section
38283828 504.2025, or whose license, registration, or certification is
38293829 suspended under Section 504.2525 may appeal the denial, refusal to
38303830 renew, or suspension on the grounds that:
38313831 (1) the sole basis for the executive council's
38323832 [department's] determination is a conviction or placement on
38333833 community supervision for an offense described by Section 504.1525;
38343834 and
38353835 (2) sufficient time, as determined by executive
38363836 council [department] rule, has expired since the date of the
38373837 conviction or placement.
38383838 (c) After a hearing under this section, the executive
38393839 council [department] may determine that the person is entitled to a
38403840 license, registration, or certification under this chapter.
38413841 SECTION 2.131. Section 505.002, Occupations Code, is
38423842 amended to read as follows:
38433843 Sec. 505.002. DEFINITIONS. In this chapter:
38443844 (1) [(2)] "Board" means the Texas State Board of
38453845 Social Worker Examiners.
38463846 (2) [(3)] "Council on Social Work Education" means the
38473847 national organization that is primarily responsible for the
38483848 accreditation of schools of social work in the United States or its
38493849 successor approved by the executive council [board].
38503850 (3) "Executive council" means the Texas Behavioral
38513851 Health Executive Council.
38523852 (4) ["Department" means the Department of State Health
38533853 Services.
38543854 [(4-a)] "Licensed baccalaureate social worker" means
38553855 a person who holds a baccalaureate social worker license issued [by
38563856 the board] under this chapter.
38573857 (5) [(4-b)] "Licensed clinical social worker" means a
38583858 person who holds a clinical social worker license issued [by the
38593859 board] under this chapter.
38603860 (6) [(5)] "Licensed master social worker" means a
38613861 person who holds a master social worker license issued [by the
38623862 board] under this chapter.
38633863 (7) [(6)] "Licensed social worker" means a person who
38643864 holds a social worker license issued [by the board] under this
38653865 chapter.
38663866 (8) [(9)] "Social worker" means a person who holds any
38673867 license issued [by the board] under this chapter.
38683868 SECTION 2.132. Section 505.102(b), Occupations Code, is
38693869 amended to read as follows:
38703870 (b) A person is not eligible for appointment as a public
38713871 member of the board if:
38723872 (1) the person is registered, certified, or licensed
38733873 by an occupational regulatory agency in the field of health care;
38743874 (2) the person's spouse is registered, certified, or
38753875 licensed by an occupational regulatory agency in the field of
38763876 mental health; or
38773877 (3) the person or the person's spouse:
38783878 (A) is employed by or participates in the
38793879 management of a business entity or other organization regulated by
38803880 or receiving funds from the board or executive council
38813881 [department];
38823882 (B) owns or controls, directly or indirectly,
38833883 more than a 10 percent interest in a business entity or other
38843884 organization regulated by or receiving funds from the board or
38853885 executive council [department]; or
38863886 (C) uses or receives a substantial amount of
38873887 tangible goods, services, or funds from the board or executive
38883888 council [department], other than compensation or reimbursement
38893889 authorized by law for board membership, attendance, or expenses.
38903890 SECTION 2.133. The heading to Section 505.103, Occupations
38913891 Code, is amended to read as follows:
38923892 Sec. 505.103. MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
38933893 SECTION 2.134. Sections 505.103(b) and (c), Occupations
38943894 Code, are amended to read as follows:
38953895 (b) A person may not be a member of the board [and may not be
38963896 an employee of the department employed in a "bona fide executive,
38973897 administrative, or professional capacity," as that phrase is used
38983898 for purposes of establishing an exemption to the overtime
38993899 provisions of the federal Fair Labor Standards Act of 1938 (29
39003900 U.S.C. Section 201 et seq.)] if:
39013901 (1) the person is an officer, employee, or paid
39023902 consultant of a Texas trade association in the field of health care;
39033903 or
39043904 (2) the person's spouse is an officer, manager, or paid
39053905 consultant of a Texas trade association in the field of mental
39063906 health.
39073907 (c) A person may not be a member of the board [or act as
39083908 general counsel to the board or the department] if the person is
39093909 required to register as a lobbyist under Chapter 305, Government
39103910 Code, because of the person's activities for compensation on behalf
39113911 of a profession related to the operation of the board.
39123912 SECTION 2.135. Section 505.109, Occupations Code, is
39133913 amended by amending Subsection (b) and adding Subsection (d) to
39143914 read as follows:
39153915 (b) The training program must provide the person with
39163916 information regarding:
39173917 (1) the law governing [legislation that created the]
39183918 board operations;
39193919 (2) [and] the [board's] programs, functions, rules,
39203920 and budget of the board;
39213921 (3) the scope of and limitations on the rulemaking
39223922 authority of the board;
39233923 (4) [(2)] the results of the most recent formal audit
39243924 of the board;
39253925 (5) [(3)] the requirements of:
39263926 (A) laws relating to open meetings, public
39273927 information, administrative procedure, and disclosing conflicts of
39283928 interest; and
39293929 (B) other laws applicable to members of the board
39303930 in performing their duties; and
39313931 (6) [(4)] any applicable ethics policies adopted by
39323932 the board or the Texas Ethics Commission.
39333933 (d) The executive director of the executive council shall
39343934 create a training manual that includes the information required by
39353935 Subsection (b). The executive director shall distribute a copy of
39363936 the training manual annually to each board member. On receipt of the
39373937 training manual, each board member shall sign and submit to the
39383938 executive director a statement acknowledging receipt of the
39393939 training manual.
39403940 SECTION 2.136. Section 505.201, Occupations Code, is
39413941 amended to read as follows:
39423942 Sec. 505.201. GENERAL RULEMAKING AND ENFORCEMENT AUTHORITY
39433943 OF EXECUTIVE COUNCIL. (a) The executive council [board] may:
39443944 (1) adopt and enforce rules necessary to perform the
39453945 executive council's [board's] duties under this chapter;
39463946 (2) establish standards of conduct and ethics for
39473947 license holders; and
39483948 (3) ensure strict compliance with and enforcement of
39493949 this chapter.
39503950 (b) [In adopting rules under this section, the board shall
39513951 consider the rules and procedures of the department. The board
39523952 shall adopt procedural rules, which may not be inconsistent with
39533953 similar rules and procedures of the department.
39543954 [(c)] The executive council [board] by rule may define a
39553955 term not defined under Section 505.002 if a definition is necessary
39563956 to administer or enforce this chapter.
39573957 (c) [(e)] For each type of license issued under this
39583958 chapter, the executive council [board] shall establish:
39593959 (1) the minimum eligibility requirements;
39603960 (2) educational requirements;
39613961 (3) professional experience criteria;
39623962 (4) supervision requirements; and
39633963 (5) independent practice criteria.
39643964 (d) [(f)] The executive council [board] shall establish
39653965 procedures for recognition of independent practice.
39663966 SECTION 2.137. Subchapter D, Chapter 505, Occupations Code,
39673967 is amended by adding Section 505.2015 to read as follows:
39683968 Sec. 505.2015. BOARD DUTIES. The board shall propose to the
39693969 executive council:
39703970 (1) rules regarding:
39713971 (A) the qualifications necessary to obtain a
39723972 license or order of recognition of specialty, including rules
39733973 limiting an applicant's eligibility for a license or order based on
39743974 the applicant's criminal history;
39753975 (B) the scope of practice of and standards of
39763976 care and ethical practice for social work; and
39773977 (C) continuing education requirements for
39783978 license holders or holders of orders of recognition of specialty;
39793979 and
39803980 (2) a schedule of sanctions for violations of this
39813981 chapter or rules adopted under this chapter.
39823982 SECTION 2.138. Section 505.205, Occupations Code, is
39833983 amended to read as follows:
39843984 Sec. 505.205. ROSTER OF LICENSE HOLDERS. (a) The executive
39853985 council [board] shall prepare and publish at its discretion a
39863986 roster that contains the name and address of each person licensed
39873987 under this chapter.
39883988 (b) The executive council [board] shall mail a copy of the
39893989 roster to each license holder.
39903990 (c) The executive council [board] may not include in the
39913991 roster the name and address of a person who is delinquent in the
39923992 payment of a fee required under this chapter on the date the roster
39933993 is sent for printing.
39943994 SECTION 2.139. Section 505.206, Occupations Code, is
39953995 amended to read as follows:
39963996 Sec. 505.206. ROSTER OF INDEPENDENT SOCIAL WORKERS. The
39973997 executive council [board] shall publish a roster of persons
39983998 recognized under Section 505.307 as qualified for the independent
39993999 practice of social work.
40004000 SECTION 2.140. Section 505.301, Occupations Code, is
40014001 amended to read as follows:
40024002 Sec. 505.301. ESTABLISHMENT OF SPECIALTY AREA. (a) The
40034003 executive council [board] may establish within the scope of social
40044004 work practice and this chapter specialty areas of social work for
40054005 license holders under this chapter who are licensed in good
40064006 standing if establishment of the specialty areas:
40074007 (1) is necessary to promote the public interest; and
40084008 (2) assists the public in identifying qualified
40094009 persons in a social work practice specialty.
40104010 (b) The executive council [board] may not authorize a
40114011 specialty area within the practice of social work unless the
40124012 executive council [board] sets the minimum qualifications for
40134013 social work practice with appropriate supervision and examination,
40144014 as determined by the executive council [board].
40154015 (c) The executive council [board] may not establish a
40164016 specialty area of social work or a specialty area identification
40174017 that conflicts with a state licensing law.
40184018 SECTION 2.141. Section 505.302(a), Occupations Code, is
40194019 amended to read as follows:
40204020 (a) In establishing a specialty area of social work, the
40214021 executive council [board] shall:
40224022 (1) define the scope of the specialty;
40234023 (2) establish qualifications for specialty area
40244024 practitioners that describe, in accordance with Subdivision (1),
40254025 the scope of the specialty area;
40264026 (3) adopt rules of conduct to ensure strict compliance
40274027 with and enforcement of this chapter; and
40284028 (4) adopt rules for the suspension or revocation of an
40294029 order of recognition of specialty.
40304030 SECTION 2.142. Sections 505.303(a) and (c), Occupations
40314031 Code, are amended to read as follows:
40324032 (a) The executive council [board] shall establish a
40334033 specialty area for the practice of clinical social work that is
40344034 available only to a licensed master social worker who satisfies the
40354035 minimum number of years of active social work practice with
40364036 appropriate supervision and clinical examination, as determined by
40374037 the executive council [board].
40384038 (c) For purposes of Subchapter C, Chapter 1451, Insurance
40394039 Code:
40404040 (1) a person recognized as qualified for the
40414041 independent practice of clinical social work may use the title
40424042 "Licensed Clinical Social Worker" or another title approved by the
40434043 executive council [board]; and
40444044 (2) a [board-approved] title approved by the executive
40454045 council under this subsection has the same meaning and effect as the
40464046 title "Licensed Clinical Social Worker."
40474047 SECTION 2.143. Section 505.304, Occupations Code, is
40484048 amended to read as follows:
40494049 Sec. 505.304. ORDER OF RECOGNITION OF SPECIALTY. (a) The
40504050 executive council [board] shall prescribe the name, design, and
40514051 content of an order of recognition of specialty.
40524052 (b) An order of recognition of specialty must:
40534053 (1) state the full name of the person recognized in the
40544054 order; and
40554055 (2) state the official specialty serial number [;
40564056 [(3) include the presiding officer's signature; and
40574057 [(4) include the board's official seal].
40584058 SECTION 2.144. Section 505.305, Occupations Code, is
40594059 amended to read as follows:
40604060 Sec. 505.305. RECOGNITION OF SPECIALTY; ISSUANCE OF ORDER.
40614061 (a) The executive council [board] shall recognize a social worker
40624062 as qualified for the practice of a specialty area of social work if
40634063 the social worker satisfies the recognition requirements
40644064 established by the executive council [board] and the executive
40654065 council [board] determines that the person is worthy of the public
40664066 trust in performing services within the scope of the specialty
40674067 area.
40684068 (b) The executive council [board] shall issue an order of
40694069 recognition of specialty to a social worker who is recognized as
40704070 qualified for the practice of a specialty area of social work. The
40714071 order of recognition of specialty evidences the state's recognition
40724072 of the social worker as a specialty social work practitioner under
40734073 the identification or title designated by the executive council
40744074 [board].
40754075 SECTION 2.145. Section 505.306, Occupations Code, is
40764076 amended to read as follows:
40774077 Sec. 505.306. PROHIBITED USE OF SPECIALTY AREA
40784078 IDENTIFICATION OR TITLE. If the executive council [board]
40794079 establishes a specialty area of social work, a social worker may not
40804080 use the specialty area identification or title designated by the
40814081 executive council [board] unless the person is recognized as
40824082 qualified for the practice of the specialty area under this
40834083 chapter.
40844084 SECTION 2.146. Section 505.307, Occupations Code, is
40854085 amended to read as follows:
40864086 Sec. 505.307. INDEPENDENT PRACTICE RECOGNITION; MINIMUM
40874087 QUALIFICATIONS. (a) The executive council [board] shall establish
40884088 procedures for recognizing a social worker qualified for the
40894089 independent practice of social work.
40904090 (b) A social worker may not be recognized as qualified for
40914091 the independent practice of social work unless the person satisfies
40924092 the requirements of social work education, experience, and
40934093 supervision as determined by the executive council [board].
40944094 SECTION 2.147. Section 505.352, Occupations Code, is
40954095 amended to read as follows:
40964096 Sec. 505.352. LICENSE APPLICATION. A person may apply for a
40974097 license under this chapter by submitting an application to the
40984098 executive council [board]. The application must:
40994099 (1) be on a form prescribed by the executive council
41004100 [board]; and
41014101 (2) contain statements made under oath regarding the
41024102 applicant's education and experience and any other information
41034103 required by the executive council [board] that qualifies the
41044104 applicant for a license.
41054105 SECTION 2.148. Section 505.353, Occupations Code, is
41064106 amended to read as follows:
41074107 Sec. 505.353. ELIGIBILITY. (a) To be eligible for a
41084108 license under this chapter, an applicant must:
41094109 (1) be at least 18 years of age;
41104110 (2) be worthy of the public trust and confidence;
41114111 (3) satisfy the education and experience requirements
41124112 under this section; and
41134113 (4) pass the licensing examination conducted by the
41144114 executive council [board] under Section 505.354 and the
41154115 jurisprudence examination conducted by the executive council
41164116 [board] under Section 505.3545.
41174117 (b) An applicant may take the licensing examination
41184118 conducted by the executive council [board] under Section 505.354
41194119 for:
41204120 (1) a master social worker license if the applicant
41214121 possesses a doctoral or master's degree in social work from a
41224122 graduate program that is accredited by or is in candidacy for
41234123 accreditation by the Council on Social Work Education;
41244124 (2) a baccalaureate social worker license if the
41254125 applicant possesses a baccalaureate degree in social work from an
41264126 educational program that is accredited by or is in candidacy for
41274127 accreditation by the Council on Social Work Education; or
41284128 (3) a clinical social worker license if the applicant
41294129 possesses a doctoral or master's degree in social work from an
41304130 accredited graduate program approved by the executive council
41314131 [board] and meets the qualifications for clinical social work
41324132 practice as determined by the executive council [board] under this
41334133 chapter.
41344134 (c) The executive council [board] may require an applicant
41354135 to submit documentary evidence of the quality, scope, and nature of
41364136 the applicant's experience and competence to:
41374137 (1) determine the credibility and acceptability of the
41384138 applicant's professional or technical experience or competence;
41394139 and
41404140 (2) ensure the public safety, health, and welfare.
41414141 SECTION 2.149. Sections 505.354(a), (b), and (e),
41424142 Occupations Code, are amended to read as follows:
41434143 (a) The executive council [board], at least once each
41444144 calendar year, shall prepare and administer an examination to
41454145 assess an applicant's qualifications for a license under this
41464146 chapter.
41474147 (b) Each license examination shall be conducted in a manner
41484148 that is determined by the executive council [board] and is fair and
41494149 impartial to each applicant and school or system of social work.
41504150 (e) The executive council [board] shall have the written
41514151 portion of the examination, if any, validated by an independent
41524152 testing entity.
41534153 SECTION 2.150. Section 505.3545, Occupations Code, is
41544154 amended to read as follows:
41554155 Sec. 505.3545. JURISPRUDENCE EXAMINATION. (a) The
41564156 executive council [board] shall develop and administer at least
41574157 twice each calendar year a jurisprudence examination to determine
41584158 an applicant's knowledge of this chapter, [board] rules adopted
41594159 under this chapter, and any other applicable laws of this state
41604160 affecting the applicant's social work practice.
41614161 (b) The executive council [board] shall adopt rules to
41624162 implement this section, including rules related to the development
41634163 and administration of the examination, examination fees,
41644164 guidelines for reexamination, grading the examination, and
41654165 providing notice of examination results.
41664166 SECTION 2.151. Section 505.357(a), Occupations Code, is
41674167 amended to read as follows:
41684168 (a) The executive council [board] shall issue a temporary
41694169 license to an applicant who:
41704170 (1) has not taken the licensing examination under
41714171 Section 505.354 or the jurisprudence examination under Section
41724172 505.3545; and
41734173 (2) satisfies the requirements for obtaining a license
41744174 under this chapter other than passing the licensing and
41754175 jurisprudence examinations.
41764176 SECTION 2.152. Section 505.3575, Occupations Code, is
41774177 amended to read as follows:
41784178 Sec. 505.3575. ISSUANCE OF LICENSES TO CERTAIN OUT-OF-STATE
41794179 APPLICANTS. (a) Notwithstanding any other licensing requirement
41804180 of this subchapter:
41814181 (1) the executive council [board] may not require an
41824182 applicant who is licensed in good standing in another state to pass
41834183 a licensing examination conducted by the executive council [board]
41844184 under Section 505.354 if an applicant with substantially equivalent
41854185 experience who resides in this state would not be required to take
41864186 the licensing examination; and
41874187 (2) the executive council [board] may issue a license
41884188 to an applicant who is currently licensed in another state to
41894189 independently practice social work if:
41904190 (A) after an assessment, the executive council
41914191 [board] determines that the applicant:
41924192 (i) demonstrates sufficient experience and
41934193 competence;
41944194 (ii) has passed the jurisprudence
41954195 examination conducted by the executive council [board] under
41964196 Section 505.3545; and
41974197 (iii) at the time of the application, is in
41984198 good standing with the regulatory agency of the state in which the
41994199 applicant is licensed; and
42004200 (B) the applicant presents to the executive
42014201 council [board] credentials that the applicant obtained from a
42024202 national accreditation organization and the executive council
42034203 [board] determines that the requirements to obtain the credentials
42044204 are sufficient to minimize any risk to public safety.
42054205 (b) When assessing the experience and competence of an
42064206 applicant for the purposes of this section, the executive council
42074207 [board] may take into consideration any supervision received by the
42084208 applicant in another state or jurisdiction if the executive council
42094209 [board] determines that the supervision would be taken into
42104210 consideration for the purpose of licensing or certification in the
42114211 state or jurisdiction in which the applicant received the
42124212 supervision.
42134213 SECTION 2.153. Section 505.358, Occupations Code, is
42144214 amended to read as follows:
42154215 Sec. 505.358. PROVISIONAL LICENSE. (a) A person may apply
42164216 for a provisional license as a social worker by paying the
42174217 appropriate fee and filing an application with the executive
42184218 council [board]. The executive council [board] may issue a
42194219 provisional license to a person who meets the requirements of this
42204220 section.
42214221 (b) An applicant for a provisional license must:
42224222 (1) be licensed or certified in good standing as a
42234223 social worker in another state or jurisdiction that has licensing
42244224 or certification requirements determined by the executive council
42254225 [board] to be substantially equivalent to the requirements of this
42264226 chapter;
42274227 (2) have passed a national or other examination
42284228 recognized by the executive council [board] relating to the
42294229 practice of social work; and
42304230 (3) be sponsored by a person licensed under this
42314231 chapter with whom the provisional license holder may practice
42324232 social work.
42334233 (c) An applicant is not required to comply with Subsection
42344234 (b)(3) if the executive council [board] determines that compliance
42354235 constitutes a hardship to the applicant.
42364236 (d) A provisional license is valid until the date the
42374237 executive council [board] approves or denies the provisional
42384238 license holder's application for a license under Section 505.359.
42394239 SECTION 2.154. Section 505.359, Occupations Code, is
42404240 amended to read as follows:
42414241 Sec. 505.359. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE
42424242 HOLDER. (a) The executive council [board] shall issue an
42434243 appropriate license to a provisional license holder:
42444244 (1) who passes the licensing examination under Section
42454245 505.354 and the jurisprudence examination under Section 505.3545;
42464246 (2) for whom the executive council [board] verifies
42474247 that the person satisfies the academic and experience requirements
42484248 under Section 505.353; and
42494249 (3) who satisfies any other license requirements under
42504250 this chapter.
42514251 (b) The executive council [board] shall complete the
42524252 processing of a provisional license holder's application for a
42534253 license not later than the 180th day after the date the provisional
42544254 license is issued or the date licenses are issued after successful
42554255 completion of the next licensing and jurisprudence examinations,
42564256 whichever date is later.
42574257 (c) The executive council [board] may waive a license
42584258 requirement for an applicant who is licensed or certified in
42594259 another state if this state has entered into a reciprocity
42604260 agreement with that state.
42614261 SECTION 2.155. Section 505.401(a-1), Occupations Code, is
42624262 amended to read as follows:
42634263 (a-1) The executive council [board] by rule shall adopt a
42644264 system under which licenses and orders of recognition of specialty
42654265 expire on various dates during the year.
42664266 SECTION 2.156. Section 505.405, Occupations Code, is
42674267 amended to read as follows:
42684268 Sec. 505.405. GROUNDS FOR REFUSING RENEWAL. The executive
42694269 council [board] may refuse to renew the license of a person who
42704270 fails to pay an administrative penalty imposed under Subchapter H,
42714271 Chapter 506, [K] unless enforcement of the penalty is stayed or a
42724272 court has ordered that the administrative penalty is not owed.
42734273 SECTION 2.157. The heading to Subchapter I, Chapter 505,
42744274 Occupations Code, is amended to read as follows:
42754275 SUBCHAPTER I. [DENIAL OF LICENSE OR ORDER AND] DISCIPLINARY ACTION
42764276 [PROCEDURES]
42774277 SECTION 2.158. Section 505.451, Occupations Code, is
42784278 amended to read as follows:
42794279 Sec. 505.451. GROUNDS FOR [DENIAL OF LICENSE OR ORDER OF
42804280 RECOGNITION OF SPECIALTY;] DISCIPLINARY ACTION. The executive
42814281 council [board] shall take disciplinary action under Subchapter G,
42824282 Chapter 506, against a person [deny an application for a license or
42834283 order of recognition of specialty and shall revoke or suspend,
42844284 including a suspension on an emergency basis, a license or order,
42854285 place a holder of a license or order that has been suspended on
42864286 probation, refuse to renew a person's license, or reprimand a
42874287 holder of a license or order] for:
42884288 (1) violating this chapter or a rule adopted [by the
42894289 board] under this chapter;
42904290 (2) circumventing or attempting to circumvent the
42914291 requirements of this chapter or a rule adopted [by the board] under
42924292 this chapter;
42934293 (3) directly or indirectly participating in a scheme
42944294 to evade the requirements of this chapter or a rule adopted [by the
42954295 board] under this chapter;
42964296 (4) engaging in unethical conduct;
42974297 (5) engaging in conduct that discredits or tends to
42984298 discredit the social work profession;
42994299 (6) performing an act, allowing an omission, or making
43004300 an assertion or representation that is fraudulent, deceitful, or
43014301 misleading or that tends to create a misleading impression;
43024302 (7) knowingly associating with or permitting the use
43034303 of a license holder's professional services or identification in
43044304 connection with an enterprise that the person knows or should have
43054305 known in the exercise of reasonable diligence violates this chapter
43064306 or a rule adopted [by the board] under this chapter;
43074307 (8) knowingly associating with or permitting the use
43084308 of a license holder's name, professional services or
43094309 identification, or endorsement in connection with an enterprise
43104310 that the person knows or should have known in the exercise of
43114311 reasonable diligence is a trade, business, or professional practice
43124312 of a fraudulent, deceitful, or misleading nature;
43134313 (9) directly or indirectly revealing or causing to be
43144314 revealed a confidential communication transmitted to the license
43154315 holder by a client or other recipient of the license holder's
43164316 services unless revealing the communication is required by law;
43174317 (10) having been denied an application for a license
43184318 or certificate to practice social work in another jurisdiction for
43194319 a reason that the executive council [board] determines would be a
43204320 violation of this chapter or a rule adopted [by the board] under
43214321 this chapter;
43224322 (11) holding a license or certificate in another
43234323 jurisdiction that is suspended or revoked for a reason that the
43244324 executive council [board] determines would be a violation of this
43254325 chapter or a rule adopted [by the board] under this chapter;
43264326 (12) having been convicted of a felony in this state,
43274327 another state, or the United States;
43284328 (13) refusing to perform an act or service within the
43294329 scope of the license holder's license solely because of the
43304330 recipient's age, sex, race, religion, national origin, color, or
43314331 political affiliation; or
43324332 (14) committing an act for which liability exists
43334333 under Chapter 81, Civil Practice and Remedies Code.
43344334 SECTION 2.159. Section 505.454(a), Occupations Code, is
43354335 amended to read as follows:
43364336 (a) A person who holds an expired license or order of
43374337 recognition of specialty under this chapter is subject to a
43384338 sanction under this chapter if the executive council [board]
43394339 determines that the person violated this chapter or a rule adopted
43404340 [by the board] under this chapter during the period in which the
43414341 license or order was valid.
43424342 SECTION 2.160. Section 505.458, Occupations Code, is
43434343 amended to read as follows:
43444344 Sec. 505.458. REFUND. (a) Subject to Subsection (b), the
43454345 executive council [board] may order a license holder to pay a refund
43464346 to a consumer as provided in an agreement resulting from an informal
43474347 settlement conference instead of or in addition to imposing an
43484348 administrative penalty under this chapter.
43494349 (b) The amount of a refund ordered as provided in an
43504350 agreement resulting from an informal settlement conference may not
43514351 exceed the amount the consumer paid to the license holder for a
43524352 service regulated by this chapter. The executive council [board]
43534353 may not require payment of other damages or estimate harm in a
43544354 refund order.
43554355 SECTION 2.161. Section 505.505, Occupations Code, is
43564356 amended to read as follows:
43574357 Sec. 505.505. APPEAL BOND NOT REQUIRED. The executive
43584358 council [board or department] is not required to post an appeal bond
43594359 in any action arising under this chapter.
43604360 SECTION 2.162. Section 505.506, Occupations Code, is
43614361 amended to read as follows:
43624362 Sec. 505.506. REPRESENTATION BY ATTORNEY GENERAL. The
43634363 attorney general shall represent the executive council [board or
43644364 department] in an action brought to enforce this chapter.
43654365 SECTION 2.163. The following provisions of the Government
43664366 Code are repealed:
43674367 (1) Section 411.1105; and
43684368 (2) Section 411.1388.
43694369 SECTION 2.164. The following provisions of the Occupations
43704370 Code are repealed:
43714371 (1) Section 110.001(3-a);
43724372 (2) Subchapter C, Chapter 110;
43734373 (3) Section 110.157;
43744374 (4) Section 110.159;
43754375 (5) Subchapter F, Chapter 110;
43764376 (6) Section 110.307;
43774377 (7) Section 110.308;
43784378 (8) Section 110.352;
43794379 (9) Section 110.353;
43804380 (10) Section 110.354;
43814381 (11) Subchapter J, Chapter 110;
43824382 (12) Section 501.002(3);
43834383 (13) Section 501.005;
43844384 (14) Subchapter C, Chapter 501;
43854385 (15) Sections 501.151(a) and (b);
43864386 (16) Section 501.152;
43874387 (17) Section 501.156;
43884388 (18) Section 501.157;
43894389 (19) Section 501.160;
43904390 (20) Section 501.161;
43914391 (21) Section 501.162;
43924392 (22) Subchapter E, Chapter 501;
43934393 (23) Sections 501.252(b), (c), and (d);
43944394 (24) Section 501.254;
43954395 (25) Sections 501.256(e), (f), and (g);
43964396 (26) Section 501.2561;
43974397 (27) Section 501.257;
43984398 (28) Section 501.258;
43994399 (29) Section 501.261(b);
44004400 (30) Section 501.302;
44014401 (31) Section 501.303;
44024402 (32) Section 501.304;
44034403 (33) Section 501.402;
44044404 (34) Section 501.403;
44054405 (35) Section 501.404;
44064406 (36) Section 501.405;
44074407 (37) Section 501.406;
44084408 (38) Section 501.409;
44094409 (39) Section 501.410;
44104410 (40) Subchapter J, Chapter 501;
44114411 (41) Section 501.501;
44124412 (42) Section 501.502;
44134413 (43) Section 501.504;
44144414 (44) Section 502.002(3);
44154415 (45) Section 502.003;
44164416 (46) Subchapter C, Chapter 502;
44174417 (47) Section 502.152;
44184418 (48) Section 502.153;
44194419 (49) Section 502.154;
44204420 (50) Section 502.156;
44214421 (51) Section 502.1565;
44224422 (52) Section 502.158;
44234423 (53) Section 502.161;
44244424 (54) Section 502.162;
44254425 (55) Section 502.163;
44264426 (56) Subchapter E, Chapter 502;
44274427 (57) Section 502.255;
44284428 (58) Section 502.256;
44294429 (59) Sections 502.301(b), (c), (d), and (e);
44304430 (60) Section 502.302;
44314431 (61) Section 502.303;
44324432 (62) Section 502.352;
44334433 (63) Section 502.353;
44344434 (64) Section 502.354;
44354435 (65) Section 502.355;
44364436 (66) Section 502.356;
44374437 (67) Subchapter I, Chapter 502;
44384438 (68) Section 502.451;
44394439 (69) Section 502.452;
44404440 (70) Section 502.453;
44414441 (71) Section 502.455;
44424442 (72) Section 503.005;
44434443 (73) Subchapter D, Chapter 503;
44444444 (74) Section 503.202;
44454445 (75) Section 503.203;
44464446 (76) Section 503.204;
44474447 (77) Section 503.2045;
44484448 (78) Section 503.205;
44494449 (79) Section 503.209;
44504450 (80) Section 503.210;
44514451 (81) Section 503.211;
44524452 (82) Subchapter F, Chapter 503;
44534453 (83) Section 503.306;
44544454 (84) Section 503.307;
44554455 (85) Section 503.354;
44564456 (86) Section 503.355;
44574457 (87) Section 503.356;
44584458 (88) Sections 503.401(b), (c), and (d);
44594459 (89) Section 503.402;
44604460 (90) Section 503.403;
44614461 (91) Section 503.404;
44624462 (92) Section 503.405;
44634463 (93) Section 503.406;
44644464 (94) Section 503.451;
44654465 (95) Section 503.454;
44664466 (96) Subchapter K, Chapter 503;
44674467 (97) Sections 504.001(5) and (7);
44684468 (98) Section 504.0515;
44694469 (99) Section 504.053;
44704470 (100) Section 504.054;
44714471 (101) Section 504.056;
44724472 (102) Subchapter C, Chapter 504;
44734473 (103) Section 504.157;
44744474 (104) Section 504.161;
44754475 (105) Section 504.203;
44764476 (106) Section 504.204;
44774477 (107) Section 504.205(a);
44784478 (108) Section 504.252;
44794479 (109) Sections 504.2525(b) and (c);
44804480 (110) Section 504.253;
44814481 (111) Section 504.254;
44824482 (112) Subchapter G, Chapter 504;
44834483 (113) Subchapter H, Chapter 504;
44844484 (114) Section 505.005;
44854485 (115) Section 505.110;
44864486 (116) Subchapter C, Chapter 505;
44874487 (117) Section 505.202;
44884488 (118) Section 505.203;
44894489 (119) Section 505.204;
44904490 (120) Section 505.209;
44914491 (121) Section 505.210;
44924492 (122) Section 505.211;
44934493 (123) Subchapter E, Chapter 505;
44944494 (124) Section 505.355;
44954495 (125) Section 505.356;
44964496 (126) Section 505.402;
44974497 (127) Section 505.403;
44984498 (128) Section 505.404;
44994499 (129) Section 505.452;
45004500 (130) Section 505.453;
45014501 (131) Section 505.454(b);
45024502 (132) Section 505.455;
45034503 (133) Section 505.456;
45044504 (134) Section 505.457;
45054505 (135) Section 505.501;
45064506 (136) Section 505.503;
45074507 (137) Section 505.504;
45084508 (138) Section 505.508; and
45094509 (139) Subchapter K, Chapter 505.
45104510 ARTICLE 3. CONFORMING AMENDMENTS
45114511 SECTION 3.001. Article 42A.111(d), Code of Criminal
45124512 Procedure, is amended to read as follows:
45134513 (d) For any defendant who receives a dismissal and discharge
45144514 under this article:
45154515 (1) on conviction of a subsequent offense, the fact
45164516 that the defendant previously has received deferred adjudication
45174517 community supervision is admissible before the court or jury for
45184518 consideration on the issue of penalty;
45194519 (2) if the defendant is an applicant for or the holder
45204520 of a license under Chapter 42, Human Resources Code, the Department
45214521 of Family and Protective Services may consider the fact that the
45224522 defendant previously has received deferred adjudication community
45234523 supervision in issuing, renewing, denying, or revoking a license
45244524 under that chapter; and
45254525 (3) if the defendant is an applicant for or the holder
45264526 of a license to provide mental health or medical services for the
45274527 rehabilitation of sex offenders, the Texas Behavioral Health
45284528 Executive Council [on Sex Offender Treatment] may consider the fact
45294529 that the defendant previously has received deferred adjudication
45304530 community supervision in issuing, renewing, denying, or revoking a
45314531 license issued by the executive [that] council.
45324532 SECTION 3.002. Article 60.061(a), Code of Criminal
45334533 Procedure, is amended to read as follows:
45344534 (a) The Texas [State Board of] Medical Board [Examiners],
45354535 the Texas State Board of Podiatric Medical Examiners, the State
45364536 Board of Dental Examiners, the Texas State Board of Pharmacy, the
45374537 Texas Behavioral Health Executive Council, only with respect to a
45384538 person licensed under Chapter 501, Occupations Code [State Board of
45394539 Examiners of Psychologists], and the State Board of Veterinary
45404540 Medical Examiners shall provide to the Department of Public Safety
45414541 through electronic means, magnetic tape, or disk, as specified by
45424542 the department, a list including the name, date of birth, and any
45434543 other personal descriptive information required by the department
45444544 for each person licensed by the respective agency. Each agency
45454545 shall update this information and submit to the Department of
45464546 Public Safety the updated information quarterly.
45474547 SECTION 3.003. Article 62.007(a), Code of Criminal
45484548 Procedure, is amended to read as follows:
45494549 (a) The Texas Department of Criminal Justice shall
45504550 establish a risk assessment review committee composed of at least
45514551 seven members, each of whom serves on the review committee in
45524552 addition to the member's other employment-related duties. The
45534553 review committee, to the extent feasible, must include at least:
45544554 (1) one member having experience in law enforcement;
45554555 (2) one member having experience working with juvenile
45564556 sex offenders;
45574557 (3) one member having experience as a sex offender
45584558 treatment provider;
45594559 (4) one member having experience working with victims
45604560 of sex offenses;
45614561 (5) one member [the executive director] of the Council
45624562 on Sex Offender Treatment; and
45634563 (6) one sex offender treatment provider registered
45644564 under Chapter 110, Occupations Code, and selected by [the executive
45654565 director of] the Council on Sex Offender Treatment to serve on the
45664566 review committee.
45674567 SECTION 3.004. Article 62.352(b), Code of Criminal
45684568 Procedure, is amended to read as follows:
45694569 (b) After a hearing under Article 62.351 or under a plea
45704570 agreement described by Article 62.355(b), the juvenile court may
45714571 enter an order:
45724572 (1) deferring decision on requiring registration
45734573 under this chapter until the respondent has completed treatment for
45744574 the respondent's sexual offense as a condition of probation or
45754575 while committed to the Texas Juvenile Justice Department; or
45764576 (2) requiring the respondent to register as a sex
45774577 offender but providing that the registration information is not
45784578 public information and is restricted to use by law enforcement and
45794579 criminal justice agencies, the Council on Sex Offender Treatment,
45804580 the Texas Behavioral Health Executive Council, and public or
45814581 private institutions of higher education.
45824582 SECTION 3.005. Section 411.110(a), Government Code, is
45834583 amended to read as follows:
45844584 (a) The Department of State Health Services is entitled to
45854585 obtain from the department criminal history record information
45864586 maintained by the department that relates to:
45874587 (1) a person who is:
45884588 (A) an applicant for a license or certificate
45894589 under the Emergency Health Care Act (Chapter 773, Health and Safety
45904590 Code);
45914591 (B) an owner or manager of an applicant for an
45924592 emergency medical services provider license under that Act; or
45934593 (C) the holder of a license or certificate under
45944594 that Act;
45954595 (2) an applicant for a license or a license holder
45964596 under Subchapter N, Chapter 431, Health and Safety Code;
45974597 (3) an applicant for a license, the owner or manager of
45984598 an applicant for a massage establishment license, or a license
45994599 holder under Chapter 455, Occupations Code;
46004600 (4) an applicant for employment at or current employee
46014601 of:
46024602 (A) a public health hospital as defined by
46034603 Section 13.033, Health and Safety Code; or
46044604 (B) the South Texas Health Care System;
46054605 (5) an applicant for employment at, current employee
46064606 of, or person who contracts or may contract to provide goods or
46074607 services with a [the Council on Sex Offender Treatment or other]
46084608 division or component of the Department of State Health Services
46094609 that monitors sexually violent predators as described by Section
46104610 841.003(a), Health and Safety Code; or
46114611 (6) a person authorized to access vital records or the
46124612 vital records electronic registration system under Chapter 191,
46134613 Health and Safety Code, including an employee of or contractor for
46144614 the Department of State Health Services, a local registrar, a
46154615 medical professional, or a funeral director.
46164616 SECTION 3.006. Section 411.122(d), Government Code, is
46174617 amended to read as follows:
46184618 (d) The following state agencies are subject to this
46194619 section:
46204620 (1) Texas Appraiser Licensing and Certification
46214621 Board;
46224622 (2) Texas Board of Architectural Examiners;
46234623 (3) Texas Board of Chiropractic Examiners;
46244624 (4) State Board of Dental Examiners;
46254625 (5) Texas Board of Professional Engineers;
46264626 (6) Texas Funeral Service Commission;
46274627 (7) Texas Board of Professional Geoscientists;
46284628 (8) Department of State Health Services, except as
46294629 provided by Section 411.110, and agencies attached to the
46304630 department [, including:
46314631 [(A) Texas State Board of Examiners of
46324632 Dietitians;
46334633 [(B) Texas State Board of Examiners of Marriage
46344634 and Family Therapists;
46354635 [(C) Midwifery Board;
46364636 [(D) Texas State Perfusionist Advisory
46374637 Committee;
46384638 [(E) Texas State Board of Examiners of
46394639 Professional Counselors;
46404640 [(F) Texas State Board of Social Worker
46414641 Examiners;
46424642 [(G) State Board of Examiners for
46434643 Speech-Language Pathology and Audiology;
46444644 [(H) Advisory Board of Athletic Trainers;
46454645 [(I) State Committee of Examiners in the Fitting
46464646 and Dispensing of Hearing Instruments;
46474647 [(J) Texas Board of Licensure for Professional
46484648 Medical Physicists; and
46494649 [(K) Texas Board of Orthotics and Prosthetics];
46504650 (9) Texas Board of Professional Land Surveying;
46514651 (10) Texas Department of Licensing and Regulation,
46524652 except as provided by Section 411.093;
46534653 (11) Texas Commission on Environmental Quality;
46544654 (12) Texas Board of Occupational Therapy Examiners;
46554655 (13) Texas Optometry Board;
46564656 (14) Texas State Board of Pharmacy;
46574657 (15) Texas Board of Physical Therapy Examiners;
46584658 (16) Texas State Board of Plumbing Examiners;
46594659 (17) Texas State Board of Podiatric Medical Examiners;
46604660 (18) Texas Behavioral Health Executive Council [State
46614661 Board of Examiners of Psychologists];
46624662 (19) Texas Real Estate Commission;
46634663 (20) Texas Department of Transportation;
46644664 (21) State Board of Veterinary Medical Examiners;
46654665 (22) Texas Department of Housing and Community
46664666 Affairs;
46674667 (23) secretary of state;
46684668 (24) state fire marshal;
46694669 (25) Texas Education Agency;
46704670 (26) Department of Agriculture; and
46714671 (27) Texas Department of Motor Vehicles.
46724672 SECTION 3.007. Section 2054.2606(a), Government Code, is
46734673 amended to read as follows:
46744674 (a) The following licensing entities shall establish a
46754675 profile system consisting of the specific license holder
46764676 information prescribed by Subsection (c):
46774677 (1) Texas Board of Chiropractic Examiners, with
46784678 respect to chiropractors;
46794679 (2) Texas State Board of Podiatric Medical Examiners,
46804680 with respect to podiatrists;
46814681 (3) State Board of Dental Examiners, with respect to
46824682 dentists;
46834683 (4) Texas Optometry Board, with respect to
46844684 optometrists and therapeutic optometrists;
46854685 (5) Texas Board of Physical Therapy Examiners, with
46864686 respect to physical therapists and physical therapy facilities;
46874687 (6) Texas Board of Occupational Therapy Examiners,
46884688 with respect to occupational therapists and occupational therapy
46894689 facilities;
46904690 (7) Texas Behavioral Health Executive Council [State
46914691 Board of Examiners of Psychologists], with respect to
46924692 psychologists; and
46934693 (8) Texas State Board of Pharmacy, with respect to
46944694 pharmacists and pharmacies.
46954695 SECTION 3.008. Section 2054.352(a), Government Code, is
46964696 amended to read as follows:
46974697 (a) The following licensing entities shall participate in
46984698 the system established under Section 2054.353:
46994699 (1) Texas Board of Chiropractic Examiners;
47004700 (2) Judicial Branch Certification Commission;
47014701 (3) State Board of Dental Examiners;
47024702 (4) Texas Funeral Service Commission;
47034703 (5) Texas Board of Professional Land Surveying;
47044704 (6) Texas Medical Board;
47054705 (7) Texas Board of Nursing;
47064706 (8) Texas Optometry Board;
47074707 (9) Department of Agriculture, for licenses issued
47084708 under Chapter 1951, Occupations Code;
47094709 (10) Texas State Board of Pharmacy;
47104710 (11) Executive Council of Physical Therapy and
47114711 Occupational Therapy Examiners;
47124712 (12) Texas State Board of Plumbing Examiners;
47134713 (13) Texas State Board of Podiatric Medical Examiners;
47144714 (14) Texas Behavioral Health Executive Council [State
47154715 Board of Examiners of Psychologists];
47164716 (15) State Board of Veterinary Medical Examiners;
47174717 (16) Texas Real Estate Commission;
47184718 (17) Texas Appraiser Licensing and Certification
47194719 Board;
47204720 (18) Texas Department of Licensing and Regulation;
47214721 (19) Texas State Board of Public Accountancy;
47224722 (20) State Board for Educator Certification;
47234723 (21) Texas Board of Professional Engineers;
47244724 (22) Department of State Health Services;
47254725 (23) Texas Board of Architectural Examiners;
47264726 (24) Texas Racing Commission;
47274727 (25) Texas Commission on Law Enforcement; and
47284728 (26) Texas Private Security Board.
47294729 SECTION 3.009. Section 841.022(a), Health and Safety Code,
47304730 is amended to read as follows:
47314731 (a) The executive director of the Texas Department of
47324732 Criminal Justice shall establish a multidisciplinary team to review
47334733 available records of a person referred to the team under Section
47344734 841.021. The team must include:
47354735 (1) a mental health professional from the Department
47364736 of State Health Services;
47374737 (2) two persons from the Texas Department of Criminal
47384738 Justice as follows:
47394739 (A) one person from the victim services division;
47404740 and
47414741 (B) one person from the sex offender
47424742 rehabilitation program in the rehabilitation programs division;
47434743 (3) a licensed peace officer who is employed by the
47444744 Department of Public Safety and who has at least five years'
47454745 experience working for that department or the officer's designee;
47464746 (4) two persons from the office; and
47474747 (5) a [licensed] sex offender treatment provider
47484748 licensed under Chapter 110, Occupations Code [from the Council on
47494749 Sex Offender Treatment].
47504750 SECTION 3.010. Section 36.132(a)(2), Human Resources Code,
47514751 is amended to read as follows:
47524752 (2) "Licensing authority" means:
47534753 (A) the Texas Medical Board;
47544754 (B) the State Board of Dental Examiners;
47554755 (C) the Texas Behavioral Health Executive
47564756 Council [State Board of Examiners of Psychologists];
47574757 (D) [the Texas State Board of Social Worker
47584758 Examiners;
47594759 [(E)] the Texas Board of Nursing;
47604760 (E) [(F)] the Texas Board of Physical Therapy
47614761 Examiners;
47624762 (F) [(G)] the Texas Board of Occupational
47634763 Therapy Examiners; or
47644764 (G) [(H)] another state agency authorized to
47654765 regulate a provider who receives or is eligible to receive payment
47664766 for a health care service under the Medicaid program.
47674767 SECTION 3.011. Sections 1451.001(4), (9), (10), (11), (18),
47684768 and (19), Insurance Code, are amended to read as follows:
47694769 (4) "Chemical dependency counselor" means an
47704770 individual licensed under Chapter 504, Occupations Code [by the
47714771 Texas Commission on Alcohol and Drug Abuse].
47724772 (9) "Licensed clinical social worker" means an
47734773 individual licensed [by the Texas State Board of Social Worker
47744774 Examiners] as a [licensed] clinical social worker under Chapter
47754775 505, Occupations Code.
47764776 (10) "Licensed professional counselor" means an
47774777 individual licensed under Chapter 503, Occupations Code [by the
47784778 Texas State Board of Examiners of Professional Counselors].
47794779 (11) "Marriage and family therapist" means an
47804780 individual licensed under Chapter 502, Occupations Code [by the
47814781 Texas State Board of Examiners of Marriage and Family Therapists].
47824782 (18) "Psychological associate" means an individual
47834783 licensed as a psychological associate by the Texas Behavioral
47844784 Health Executive Council [State Board of Examiners of Psychologists
47854785 who practices solely under the supervision of a licensed
47864786 psychologist].
47874787 (19) "Psychologist" means an individual licensed as a
47884788 psychologist by the Texas Behavioral Health Executive Council
47894789 [State Board of Examiners of Psychologists].
47904790 SECTION 3.012. Section 101.002, Occupations Code, is
47914791 amended to read as follows:
47924792 Sec. 101.002. COMPOSITION OF COUNCIL. The council consists
47934793 of 14 members, with one member appointed by each of the following:
47944794 (1) the Texas Board of Chiropractic Examiners;
47954795 (2) the State Board of Dental Examiners;
47964796 (3) the Texas Optometry Board;
47974797 (4) the Texas State Board of Pharmacy;
47984798 (5) the Texas State Board of Podiatric Medical
47994799 Examiners;
48004800 (6) the State Board of Veterinary Medical Examiners;
48014801 (7) the Texas Medical Board;
48024802 (8) the Texas Board of Nursing;
48034803 (9) the Texas Behavioral Health Executive Council
48044804 [State Board of Examiners of Psychologists];
48054805 (10) the Texas Funeral Service Commission;
48064806 (11) the entity that regulates the practice of
48074807 physical therapy;
48084808 (12) the entity that regulates the practice of
48094809 occupational therapy; and
48104810 (13) [the health licensing division of the Department
48114811 of State Health Services; and
48124812 [(14)] the governor's office.
48134813 ARTICLE 4. TRANSITIONS AND EFFECTIVE DATE
48144814 SECTION 4.001. In this article:
48154815 (1) "Executive council" means the Texas Behavioral
48164816 Health Executive Council.
48174817 (2) "Transferring entity" means the following
48184818 entities that regulate a profession being transferred to the
48194819 executive council under this Act:
48204820 (A) the Council on Sex Offender Treatment;
48214821 (B) the Texas State Board of Examiners of
48224822 Psychologists;
48234823 (C) the Texas State Board of Examiners of
48244824 Marriage and Family Therapists;
48254825 (D) the Texas State Board of Examiners of
48264826 Professional Counselors;
48274827 (E) the Department of State Health Services; and
48284828 (F) the Texas State Board of Social Worker
48294829 Examiners.
48304830 SECTION 4.002. (a) Except as provided by Subsection (b) of
48314831 this section, Sections 110.059, 501.059, 502.059, 503.110, and
48324832 505.109, Occupations Code, as amended by this Act, apply to a member
48334833 of the applicable council or board appointed before, on, or after
48344834 the effective date of this Act.
48354835 (b) A member of a council or board who, before the effective
48364836 date of this Act, completed the training program required by
48374837 Section 110.059, 501.059, 502.059, 503.110, or 505.109,
48384838 Occupations Code, as the applicable law existed before the
48394839 effective date of this Act, is required to complete additional
48404840 training only on the subjects added by this Act to the training
48414841 program required by Section 110.059, 501.059, 502.059, 503.110, or
48424842 505.109, Occupations Code, as applicable. A council or board
48434843 member described by this subsection may not vote, deliberate, or be
48444844 counted as a member in attendance at a meeting of the council or
48454845 board held on or after December 1, 2017, until the member completes
48464846 the additional training.
48474847 SECTION 4.003. (a) Section 501.2525, Occupations Code, as
48484848 redesignated and amended by this Act, applies only to an
48494849 application for a license under Chapter 501, Occupations Code, that
48504850 is submitted on or after the effective date of this Act. An
48514851 application submitted before the effective date of this Act is
48524852 governed by the law in effect on the date the application was
48534853 submitted, and the former law is continued in effect for that
48544854 purpose.
48554855 (b) Section 502.252, Occupations Code, as amended by this
48564856 Act, applies only to an application for a license under Chapter 502,
48574857 Occupations Code, submitted on or after the date on which rules
48584858 adopted by the Texas Behavioral Health Executive Council under that
48594859 section take effect. An application submitted before that date is
48604860 governed by the law in effect immediately before the effective date
48614861 of this Act, and the former law is continued in effect for that
48624862 purpose.
48634863 SECTION 4.004. (a) Not later than December 1, 2017, the
48644864 appropriate appointing authorities shall appoint the members of the
48654865 executive council as provided by Section 506.051, Occupations Code,
48664866 as added by this Act.
48674867 (b) Notwithstanding the terms established by Section
48684868 506.054, Occupations Code, as added by this Act, in making the
48694869 initial appointments to the executive council, the Texas State
48704870 Board of Examiners of Psychologists, the Texas State Board of
48714871 Examiners of Marriage and Family Therapists, the Texas State Board
48724872 of Examiners of Professional Counselors, and the Texas State Board
48734873 of Social Worker Examiners shall each appoint one member to a term
48744874 expiring February 1, 2019, and one member to a term expiring
48754875 February 1, 2020.
48764876 SECTION 4.005. (a) The Texas Behavioral Health Incubation
48774877 Task Force is established to assist in the establishment of and
48784878 transfer of regulatory programs to the executive council under this
48794879 Act by providing guidance to:
48804880 (1) the executive council regarding:
48814881 (A) hiring the executive director of the
48824882 executive council;
48834883 (B) developing functional alignments within the
48844884 organizational structure of the executive council;
48854885 (C) establishing any necessary accounts and
48864886 reporting requirements; and
48874887 (D) seeking input from interested parties
48884888 throughout the transfer; and
48894889 (2) the transferring entities and the executive
48904890 council regarding:
48914891 (A) the efficient transfer of necessary data; and
48924892 (B) the revision of existing rules to align with
48934893 the administrative structure of the executive council.
48944894 (b) The task force is composed of:
48954895 (1) the commissioner of state health services, or the
48964896 commissioner's designee;
48974897 (2) the executive director of the Texas Department of
48984898 Licensing and Regulation, or the director's designee; and
48994899 (3) the executive director of the Texas State Board of
49004900 Examiners of Psychologists.
49014901 (c) The entities represented on the task force may adopt a
49024902 memorandum of understanding to accomplish the responsibilities and
49034903 duties of the task force and to ensure access by the entities of any
49044904 systems and information necessary to effectively transfer the
49054905 regulatory programs to the executive council under this Act.
49064906 SECTION 4.006. (a) Not later than April 1, 2018, the
49074907 executive council shall hire an executive director for the
49084908 executive council.
49094909 (b) Not later than July 31, 2018, the executive council
49104910 shall adopt procedural rules necessary to implement Chapter 506,
49114911 Occupations Code, as added by this Act.
49124912 SECTION 4.007. (a) As soon as practicable after the
49134913 appointment of the members of the executive council, the executive
49144914 council and the transferring entities shall adopt a transition plan
49154915 to provide for the orderly transfer of powers, duties, functions,
49164916 programs, and activities under this Act. The transition plan must
49174917 provide for the transfer of each regulatory program to be
49184918 completed on or before August 31, 2018.
49194919 (b) The transferring entities shall provide the executive
49204920 council with access to any systems or information necessary for the
49214921 executive council to accept a program transferred under this Act.
49224922 (c) On the date specified in the transition plan required
49234923 under Subsection (a) of this section for the transfer of a
49244924 particular program to the executive council, all full-time
49254925 equivalent employee positions at a transferring entity that
49264926 primarily concern the administration or enforcement of the program
49274927 being transferred become positions at the executive council. The
49284928 executive council shall post the positions for hiring and, when
49294929 filling the positions, shall give consideration to, but is not
49304930 required to hire, an applicant who, immediately before the date of
49314931 the transfer, was an employee at a transferring entity primarily
49324932 involved in administering or enforcing the transferred program.
49334933 SECTION 4.008. On the date specified in the transition plan
49344934 required under Section 4.007(a) of this Act for the transfer of a
49354935 particular program to the executive council:
49364936 (1) a rule or fee relating to a transferred program
49374937 that is in effect on that date remains in effect until changed by
49384938 the executive council;
49394939 (2) a license, registration, certification, or other
49404940 authorization relating to a transferred program that is in effect
49414941 on that date is continued in effect as a license, registration, or
49424942 certification, or other authorization of the executive council; and
49434943 (3) a complaint, investigation, contested case, or
49444944 other proceeding relating to a transferred program that is pending
49454945 before a transferring entity on that date is transferred without
49464946 change in status to the executive council.
49474947 SECTION 4.009. To the extent of any conflict, this Act
49484948 prevails over another Act of the 85th Legislature, Regular Session,
49494949 2017, relating to nonsubstantive additions to and corrections in
49504950 enacted codes.
49514951 SECTION 4.010. This Act takes effect September 1, 2017.