85R7494 EES-F
By: Coleman H.B. No. 3268
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and practice of psychological associates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 501.259, Occupations Code, is amended to
read as follows:
Sec. 501.259. LICENSING OF AND PRACTICE BY PSYCHOLOGICAL
ASSOCIATE. (a) A person may not be licensed as a psychological
associate unless the person:
(1) holds at least a master's degree or its equivalent
in psychology from a regionally accredited institution of higher
education;
(2) completes at least 60 hours of graduate course
work at a regionally accredited institution of higher education in
the professionally accepted foundation areas of psychology,
including scientific and professional ethics and the laws governing
the practice of psychology;
(3) completes at least 6 but not more than 12 semester
hours of practicum, internship, or structured experience as part of
the 60 hours required in Subdivision (2); and
(4) passes:
(A) a nationally recognized qualifying
examination determined to be appropriate by the board; and
(B) a jurisprudence examination administered by
the board [The board shall set standards for the issuance of
licenses to psychological personnel who hold a master's degree from
an accredited university or college in a program that is primarily
psychological in nature].
(b) Notwithstanding Subsection (a)(2), a person who begins
graduate course work required under that subdivision at a
regionally accredited institution of higher education before
August 1, 2019, must complete 48 hours of the graduate course work
described by that subdivision to satisfy the requirements of that
subdivision. This subsection expires August 1, 2029.
(c) The board shall designate a person who holds a license
authorized by this section by the [a] title "psychological
associate [that includes the adjective "psychological" followed by
a noun such as "associate," "assistant," "examiner," or
"technician]."
(d) A psychological associate who completes at least 3,000
hours of supervised experience after the date the psychological
associate is licensed to engage in the practice of psychology as a
psychological associate is not required to be supervised by a
psychologist.
(e) For purposes of Subsection (d), experience is
supervised only if the experience is supervised by a psychologist
in the manner provided by the board's supervision guidelines.
(f) This section does not prohibit a psychological
associate who has completed the 3,000 hours of supervised
experience described by Subsection (d) from practicing under the
supervision of a psychologist:
(1) for the purpose of obtaining competency in the
application of new techniques; or
(2) as required by the board in response to a complaint
filed with the board or as part of a disciplinary action taken by
the board.
SECTION 2. Section 32.024, Human Resources Code, is amended
by adding Subsection (ll) to read as follows:
(ll) The executive commissioner shall establish a separate
provider type for psychological associates licensed under Chapter
501, Occupations Code, for purposes of enrollment as a provider for
and reimbursement under the medical assistance program.
SECTION 3. Section 32.027(l), Human Resources Code, is
amended to read as follows:
(l) Subject to appropriations, the commission shall assure
that a recipient of medical assistance under this chapter may
select a licensed psychologist, a licensed psychological
associate, a licensed marriage and family therapist, as defined by
Section 502.002, Occupations Code, a licensed professional
counselor, as defined by Section 503.002, Occupations Code, or a
licensed master social worker, as defined by Section 505.002,
Occupations Code, to perform any health care service or procedure
covered under the medical assistance program if the selected person
is authorized by law to perform the service or procedure. This
subsection shall be liberally construed.
SECTION 4. Section 1451.001(18), Insurance Code, is amended
to read as follows:
(18) "Psychological associate" means an individual
licensed as a psychological associate by the Texas State Board of
Examiners of Psychologists [who practices solely under the
supervision of a licensed psychologist].
SECTION 5. As soon as practicable, the Texas State Board of
Examiners of Psychologists shall adopt rules necessary to implement
the changes made by this Act.
SECTION 6. (a) A person is entitled to engage in the
practice of psychology as a psychological associate without being
supervised by a psychologist and without fulfilling the educational
and experience requirements prescribed by Section 501.259,
Occupations Code, as amended by this Act, if, before January 1,
2018, the person submits to the Texas State Board of Examiners of
Psychologists proof that the person:
(1) holds at least a master's degree or its equivalent
from an accredited institution of higher education in a program
that is primarily psychological in nature;
(2) is currently licensed in good standing as a
psychological associate in this state; and
(3) has been continuously practicing during the
two-year period preceding the effective date of this Act as:
(A) a licensed psychological associate;
(B) a licensed specialist in school psychology;
(C) a licensed marriage and family therapist;
(D) a licensed professional counselor; or
(E) a licensed social worker.
(b) The Texas State Board of Examiners of Psychologists may
renew an expired psychological associate license of a person and
authorize the person to engage in the practice of psychology as a
psychological associate without being supervised by a psychologist
and without fulfilling the educational and experience requirements
prescribed by Section 501.259, Occupations Code, as amended by this
Act, if, before January 1, 2018, the person submits to the Texas
State Board of Examiners of Psychologists proof that the person:
(1) holds at least a master's degree or its equivalent
from an accredited institution of higher education in a program
that is primarily psychological in nature;
(2) was licensed as a psychological associate in this
state; and
(3) is currently licensed in good standing in this
state and has been continuously practicing during the two-year
period preceding the effective date of this Act as:
(A) a licensed specialist in school psychology;
(B) a licensed marriage and family therapist;
(C) a licensed professional counselor; or
(D) a licensed social worker.
SECTION 7. The educational requirements prescribed by
Sections 501.259(a) and (b), Occupations Code, as amended by this
Act, apply only to a person who files an initial application for a
psychological associate license on or after the effective date of
this Act.
SECTION 8. If, before implementing any provision of this
Act, a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 9. This Act takes effect September 1, 2017.