Texas 2017 - 85th Regular

Texas House Bill HB3808 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3808
	1	+	By: Clardy (Senate Sponsor - Menéndez) H.B. No. 3808
	2	+	(In the Senate - Received from the House May 5, 2017;
	3	+	May 10, 2017, read first time and referred to Committee on Higher
	4	+	Education; May 15, 2017, reported favorably by the following vote:
	5	+	Yeas 6, Nays 1; May 15, 2017, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to student loan repayment assistance for certain mental
6		-	health professionals and to the conduct that constitutes the
7		-	practice of psychology.
	12	+	health professionals.
8	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	14		SECTION 1. Section 61.601, Education Code, is amended to
10	15		read as follows:
11	16		Sec. 61.601. DEFINITION. In this subchapter, "mental
12	17		health professional" means:
13	18		(1) a licensed physician who is:
14	19		(A) a graduate of an accredited psychiatric
15	20		residency training program; or
16	21		(B) certified in psychiatry by:
17	22		(i) the American Board of Psychiatry and
18	23		Neurology; or
19	24		(ii) the American Osteopathic Board of
20	25		Neurology and Psychiatry;
21	26		(2) a psychologist, as defined by Section 501.002,
22	27		Occupations Code;
23	28		(3) a licensed professional counselor, as defined by
24	29		Section 503.002, Occupations Code;
25	30		(4) an advanced practice registered nurse, as defined
26	31		by Section 301.152, Occupations Code, who holds a nationally
27	32		recognized board certification in psychiatric or mental health
28	33		nursing; [and]
29	34		(5) a licensed clinical social worker, as defined by
30	35		Section 505.002, Occupations Code; and
31	36		(6) a licensed marriage and family therapist, as
32	37		defined by Section 502.002, Occupations Code.
33		-	SECTION 2. Section 61.604, Education Code, is amended by
34		-	adding Subsections (d) and (e) to read as follows:
35		-	(d) The board may award a grant under this subchapter to a
36		-	mental health professional described by Section 61.601(6) only in
37		-	accordance with Subsection (e).
38		-	(e) If in a state fiscal year there are funds available for
39		-	purposes of the program after funding grants to all eligible mental
40		-	health professionals described by Subsections 61.601(1)-(5), the
41		-	board may allocate any unused funds to award repayment assistance
42		-	grants to mental health professionals in any of the professions
43		-	listed in Section 61.601 except that priority must be given to
44		-	awarding grants to mental health professionals described by
45		-	Subsections 61.601(1)-(5). The limitations prescribed by
46		-	Subsections (b) and (c) do not apply to grants awarded under this
47		-	subsection.
48		-	SECTION 3. Section 61.607(b), Education Code, is amended to
	38	+	SECTION 2. Section 61.607(b), Education Code, is amended to
49	39		read as follows:
50	40		(b) The total amount of repayment assistance received by a
51	41		mental health professional under this subchapter may not exceed:
52	42		(1) $160,000, for assistance received by a licensed
53	43		physician;
54	44		(2) $80,000, for assistance received by:
55	45		(A) a psychologist;
56	46		(B) a licensed clinical social worker, if the
57	47		social worker has received a doctoral degree related to social
58	48		work; [or]
59	49		(C) a licensed professional counselor, if the
60	50		counselor has received a doctoral degree related to counseling; or
61	51		(D) a licensed marriage and family therapist, if
62	52		the marriage and family therapist has received a doctoral degree
63	53		related to marriage and family therapy;
64	54		(3) $60,000, for assistance received by an advanced
65	55		practice registered nurse; and
66	56		(4) $40,000, for assistance received by a licensed
67	57		clinical social worker, a licensed marriage and family therapist,
68	58		or a licensed professional counselor who is not described by
69	59		Subdivision (2).
70		-	SECTION 4. Section 61.608, Education Code, is amended by
71		-	adding Subsection (c) to read as follows:
72		-	(c) The board shall adopt rules establishing a process for
73		-	allocating any unused funds under the program in a state fiscal year
74		-	in accordance with Section 61.604(e).
75		-	SECTION 5. Section 501.003, Occupations Code, is amended to
76		-	read as follows:
77		-	Sec. 501.003. DEFINITION: PRACTICE OF PSYCHOLOGY. (a) In
78		-	this chapter:
79		-	(1) "Practice of psychology" means:
80		-	(A) the observation, description, diagnosis,
81		-	evaluation, assessment, interpretation, or treatment of and
82		-	intervention in human behavior by applying education, training,
83		-	methods, and procedures for the purpose of:
84		-	(i) preventing, predicting, treating,
85		-	remediating, or eliminating:
86		-	(a) symptomatic, maladaptive, or
87		-	undesired behavior;
88		-	(b) emotional, interpersonal,
89		-	learning, substance use, neuropsychological, cognitive, or
90		-	behavioral disorders or disabilities, including those that
91		-	accompany medical problems; or
92		-	(c) mental illness;
93		-	(ii) evaluating, assessing, or
94		-	facilitating, by a license holder or a person who represents the
95		-	person to the public by a title or description of services that
96		-	includes the word "psychological," "psychologist," or
97		-	"psychology," the enhancement of individual, group, or
98		-	organizational effectiveness, including evaluating, assessing, or
99		-	facilitating:
100		-	(a) personal effectiveness;
101		-	(b) adaptive behavior;
102		-	(c) interpersonal relationships;
103		-	(d) academic, vocational, and life
104		-	adjustment;
105		-	(e) health; or
106		-	(f) individual, group, or
107		-	organizational performance;
108		-	(iii) providing psychological,
109		-	neuropsychological, and psychoeducational evaluation, therapy, and
110		-	remediation as well as counseling, psychoanalysis, psychotherapy,
111		-	hypnosis, and biofeedback; or
112		-	(iv) consulting with others, including
113		-	other mental health professionals, physicians, school personnel,
114		-	or organizations within the scope of the provider's competency and
115		-	training with respect to services provided for a specific
116		-	individual; or
117		-	(B) the supervision of an activity or service
118		-	described by Paragraph (A).
119		-	(2) "Psychological [section, "psychological]
120		-	services" means acts or behaviors that are included within the
121		-	purview of the practice of psychology.
122		-	(b) A person is engaged in the practice of psychology
123		-	[within the meaning of this chapter] if the person:
124		-	(1) when providing or offering to provide
125		-	psychological services to another in a professional relationship,
126		-	represents the person to the public by a title or description of
127		-	services that includes the word "psychological," "psychologist,"
128		-	or "psychology";
129		-	(2) provides or offers to provide psychological
130		-	services to individuals, groups, organizations, or the public in a
131		-	professional relationship;
132		-	(3) is a psychologist or psychological associate
133		-	employed as described by Section 501.004(a)(1) who offers or
134		-	provides psychological services, other than lecture services, to
135		-	the public for consideration separate from the salary that person
136		-	receives for performing the person's regular duties; or
137		-	(4) is employed as a psychologist or psychological
138		-	associate by an organization that sells psychological services,
139		-	other than lecture services, to the public for consideration.
140		-	(c) A person is not engaged in the [The] practice of
141		-	psychology based solely on the person offering, regardless of
142		-	whether the person is solicited, advice, counsel, or guidance
143		-	addressing or affecting the mental, emotional, or behavioral health
144		-	of another, if the person does not represent that the person is
145		-	licensed under this chapter or engaged in the delivery of
146		-	psychological services and does not represent that the advice,
147		-	counsel, or guidance is psychological in nature, and:
148		-	(1) the advice, counsel, or guidance is not offered in
149		-	the context of a professional relationship;
150		-	(2) if the person is offering the advice, counsel, or
151		-	guidance in connection with the person's occupation, the primary
152		-	focus of the occupation is not the delivery of mental, emotional, or
153		-	behavioral health care services; or
154		-	(3) the advice, counsel, or guidance is offered
155		-	through an organized or structured program or peer support service
156		-	that is designed to support or assist a person with a
157		-	self-identified goal of changing or improving certain aspects of
158		-	the person's mental, emotional, or behavioral health [includes
159		-	providing or offering to provide services to an individual or
160		-	group, including providing computerized procedures, that include
161		-	the application of established principles, methods, and procedures
162		-	of describing, explaining, and ameliorating behavior;
163		-	[(2) addresses normal behavior and involves
164		-	evaluating, preventing, and remediating psychological, emotional,
165		-	mental, interpersonal, learning, and behavioral disorders of
166		-	individuals or groups, as well as the psychological disorders that
167		-	accompany medical problems, organizational structures, stress, and
168		-	health;
169		-	[(3) includes:
170		-	[(A) using projective techniques,
171		-	neuropsychological testing, counseling, career counseling,
172		-	psychotherapy, hypnosis for health care purposes, hypnotherapy,
173		-	and biofeedback; and
174		-	[(B) evaluating and treating mental or emotional
175		-	disorders and disabilities by psychological techniques and
176		-	procedures; and
177		-	[(4) is based on:
178		-	[(A) a systematic body of knowledge and
179		-	principles acquired in an organized program of graduate study; and
180		-	[(B) the standards of ethics established by the
181		-	profession].
182		-	SECTION 6. This Act takes effect immediately if it receives
	60	+	SECTION 3. This Act takes effect immediately if it receives
183	61		a vote of two-thirds of all the members elected to each house, as
184	62		provided by Section 39, Article III, Texas Constitution. If this
185	63		Act does not receive the vote necessary for immediate effect, this
186	64		Act takes effect September 1, 2017.
187		-	______________________________ ______________________________
188		-	President of the Senate Speaker of the House
189		-	I certify that H.B. No. 3808 was passed by the House on May 4,
190		-	2017, by the following vote: Yeas 136, Nays 7, 2 present, not
191		-	voting; and that the House concurred in Senate amendments to H.B.
192		-	No. 3808 on May 25, 2017, by the following vote: Yeas 120, Nays 21,
193		-	3 present, not voting, and that the House adopted H.C.R. No. 155
194		-	authorizing certain corrections in H.B. No. 3808 on May 29, 2017, by
195		-	the following vote: Yeas 144, Nays 0, 1 present, not voting.
196		-	______________________________
197		-	Chief Clerk of the House
198		-	I certify that H.B. No. 3808 was passed by the Senate, with
199		-	amendments, on May 23, 2017, by the following vote: Yeas 20, Nays
200		-	11, and that the Senate adopted H.C.R. No. 155 authorizing certain
201		-	corrections in H.B. No. 3808 on May 29, 2017, by the following vote:
202		-	Yeas 31, Nays 0.
203		-	______________________________
204		-	Secretary of the Senate
205		-	APPROVED: __________________
206		-	Date
207		-	__________________
208		-	Governor
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