Texas 2017 - 85th Regular

Texas House Bill HB3266 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R10909 MAW-F
2	2	By: Coleman H.B. No. 3266
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the conduct that constitutes the practice of
8	8	psychology.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 501.003, Occupations Code, is amended to
11	11	read as follows:
12	12	Sec. 501.003. DEFINITION: PRACTICE OF PSYCHOLOGY. (a) In
13	13	this chapter:
14	14	(1) "Practice of psychology" means:
15	15	(A) the observation, description, diagnosis,
16	16	evaluation, assessment, interpretation, or treatment of and
17	17	intervention in human behavior by applying education, training,
18	18	methods, and procedures for the purpose of:
19	19	(i) preventing, predicting, treating,
20	20	remediating, or eliminating:
21	21	(a) symptomatic, maladaptive, or
22	22	undesired behavior;
23	23	(b) emotional, interpersonal,
24	24	learning, substance use, neuropsychological, cognitive, or
25	25	behavioral disorders or disabilities, including those that
26	26	accompany medical problems; or
27	27	(c) mental illness;
28	28	(ii) evaluating, assessing, or
29	29	facilitating, by a license holder or a person who represents the
30	30	person to the public by a title or description of services that
31	31	includes the word "psychological," "psychologist," or
32	32	"psychology," the enhancement of individual, group, or
33	33	organizational effectiveness, including evaluating, assessing, or
34	34	facilitating:
35	35	(a) personal effectiveness;
36	36	(b) adaptive behavior;
37	37	(c) interpersonal relationships;
38	38	(d) academic, vocational, and life
39	39	adjustment;
40	40	(e) health; or
41	41	(f) individual, group, or
42	42	organizational performance;
43	43	(iii) providing psychological,
44	44	neuropsychological, and psychoeducational evaluation, therapy, and
45	45	remediation as well as counseling, psychoanalysis, psychotherapy,
46	46	hypnosis, biofeedback, and behavioral analysis and therapy;
47	47	(iv) providing professional psychological
48	48	expertise and services in legal proceedings; or
49	49	(v) consulting with others, including other
50	50	mental health professionals, physicians, school personnel, or
51	51	organizations within the scope of the provider's competency and
52	52	training with respect to services provided for a specific
53	53	individual; or
54	54	(B) the supervision of an activity or service
55	55	described by Paragraph (A).
56	56	(2) "Psychological [section, "psychological]
57	57	services" means acts or behaviors that are included within the
58	58	purview of the practice of psychology.
59	59	(b) A person is engaged in the practice of psychology
60	60	[within the meaning of this chapter] if the person:
61	61	(1) when providing or offering to provide
62	62	psychological services to another in a professional relationship,
63	63	represents the person to the public by a title or description of
64	64	services that includes the word "psychological," "psychologist,"
65	65	or "psychology";
66	66	(2) provides or offers to provide psychological
67	67	services to individuals, groups, organizations, or the public in a
68	68	professional relationship;
69	69	(3) is a psychologist or psychological associate
70	70	employed as described by Section 501.004(a)(1) who offers or
71	71	provides psychological services, other than lecture services, to
72	72	the public for consideration separate from the salary that person
73	73	receives for performing the person's regular duties; or
74	74	(4) is employed as a psychologist or psychological
75	75	associate by an organization that sells psychological services,
76	76	other than lecture services, to the public for consideration.
77	77	(c) A person is not engaged in the [The] practice of
78	78	psychology based solely on the person offering, regardless of
79	79	whether the person is solicited, advice, counsel, or guidance
80	80	addressing or affecting the mental, emotional, or behavioral health
81	81	of another, if the person does not represent that the person is
82	82	licensed under this chapter or engaged in the delivery of
83	83	psychological services and does not represent that the advice,
84	84	counsel, or guidance is psychological in nature, and:
85	85	(1) the advice, counsel, or guidance is not offered in
86	86	the context of a professional relationship;
87	87	(2) if the person is offering the advice, counsel, or
88	88	guidance in connection with the person's occupation, the primary
89	89	focus of the occupation is not the delivery of mental, emotional, or
90	90	behavioral health care services; or
91	91	(3) the advice, counsel, or guidance is offered
92	92	through an organized or structured program or peer support service
93	93	that is designed to support or assist a person with a
94	94	self-identified goal of changing or improving certain aspects of
95	95	the person's mental, emotional, or behavioral health [includes
96	96	providing or offering to provide services to an individual or
97	97	group, including providing computerized procedures, that include
98	98	the application of established principles, methods, and procedures
99	99	of describing, explaining, and ameliorating behavior;
100	100	[(2) addresses normal behavior and involves
101	101	evaluating, preventing, and remediating psychological, emotional,
102	102	mental, interpersonal, learning, and behavioral disorders of
103	103	individuals or groups, as well as the psychological disorders that
104	104	accompany medical problems, organizational structures, stress, and
105	105	health;
106	106	[(3) includes:
107	107	[(A) using projective techniques,
108	108	neuropsychological testing, counseling, career counseling,
109	109	psychotherapy, hypnosis for health care purposes, hypnotherapy,
110	110	and biofeedback; and
111	111	[(B) evaluating and treating mental or emotional
112	112	disorders and disabilities by psychological techniques and
113	113	procedures; and
114	114	[(4) is based on:
115	115	[(A) a systematic body of knowledge and
116	116	principles acquired in an organized program of graduate study; and
117	117	[(B) the standards of ethics established by the
118	118	profession].
119	119	SECTION 2. This Act takes effect September 1, 2017.