H.B. No. 3808
AN ACT
relating to student loan repayment assistance for certain mental
health professionals and to the conduct that constitutes the
practice of psychology.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.601, Education Code, is amended to
read as follows:
Sec. 61.601. DEFINITION. In this subchapter, "mental
health professional" means:
(1) a licensed physician who is:
(A) a graduate of an accredited psychiatric
residency training program; or
(B) certified in psychiatry by:
(i) the American Board of Psychiatry and
Neurology; or
(ii) the American Osteopathic Board of
Neurology and Psychiatry;
(2) a psychologist, as defined by Section 501.002,
Occupations Code;
(3) a licensed professional counselor, as defined by
Section 503.002, Occupations Code;
(4) an advanced practice registered nurse, as defined
by Section 301.152, Occupations Code, who holds a nationally
recognized board certification in psychiatric or mental health
nursing; [and]
(5) a licensed clinical social worker, as defined by
Section 505.002, Occupations Code; and
(6) a licensed marriage and family therapist, as
defined by Section 502.002, Occupations Code.
SECTION 2. Section 61.604, Education Code, is amended by
adding Subsections (d) and (e) to read as follows:
(d) The board may award a grant under this subchapter to a
mental health professional described by Section 61.601(6) only in
accordance with Subsection (e).
(e) If in a state fiscal year there are funds available for
purposes of the program after funding grants to all eligible mental
health professionals described by Subsections 61.601(1)-(5), the
board may allocate any unused funds to award repayment assistance
grants to mental health professionals in any of the professions
listed in Section 61.601 except that priority must be given to
awarding grants to mental health professionals described by
Subsections 61.601(1)-(5). The limitations prescribed by
Subsections (b) and (c) do not apply to grants awarded under this
subsection.
SECTION 3. Section 61.607(b), Education Code, is amended to
read as follows:
(b) The total amount of repayment assistance received by a
mental health professional under this subchapter may not exceed:
(1) $160,000, for assistance received by a licensed
physician;
(2) $80,000, for assistance received by:
(A) a psychologist;
(B) a licensed clinical social worker, if the
social worker has received a doctoral degree related to social
work; [or]
(C) a licensed professional counselor, if the
counselor has received a doctoral degree related to counseling; or
(D) a licensed marriage and family therapist, if
the marriage and family therapist has received a doctoral degree
related to marriage and family therapy;
(3) $60,000, for assistance received by an advanced
practice registered nurse; and
(4) $40,000, for assistance received by a licensed
clinical social worker, a licensed marriage and family therapist,
or a licensed professional counselor who is not described by
Subdivision (2).
SECTION 4. Section 61.608, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) The board shall adopt rules establishing a process for
allocating any unused funds under the program in a state fiscal year
in accordance with Section 61.604(e).
SECTION 5. Section 501.003, Occupations Code, is amended to
read as follows:
Sec. 501.003. DEFINITION: PRACTICE OF PSYCHOLOGY. (a) In
this chapter:
(1) "Practice of psychology" means:
(A) the observation, description, diagnosis,
evaluation, assessment, interpretation, or treatment of and
intervention in human behavior by applying education, training,
methods, and procedures for the purpose of:
(i) preventing, predicting, treating,
remediating, or eliminating:
(a) symptomatic, maladaptive, or
undesired behavior;
(b) emotional, interpersonal,
learning, substance use, neuropsychological, cognitive, or
behavioral disorders or disabilities, including those that
accompany medical problems; or
(c) mental illness;
(ii) evaluating, assessing, or
facilitating, by a license holder or a person who represents the
person to the public by a title or description of services that
includes the word "psychological," "psychologist," or
"psychology," the enhancement of individual, group, or
organizational effectiveness, including evaluating, assessing, or
facilitating:
(a) personal effectiveness;
(b) adaptive behavior;
(c) interpersonal relationships;
(d) academic, vocational, and life
adjustment;
(e) health; or
(f) individual, group, or
organizational performance;
(iii) providing psychological,
neuropsychological, and psychoeducational evaluation, therapy, and
remediation as well as counseling, psychoanalysis, psychotherapy,
hypnosis, and biofeedback; or
(iv) consulting with others, including
other mental health professionals, physicians, school personnel,
or organizations within the scope of the provider's competency and
training with respect to services provided for a specific
individual; or
(B) the supervision of an activity or service
described by Paragraph (A).
(2) "Psychological [section, "psychological]
services" means acts or behaviors that are included within the
purview of the practice of psychology.
(b) A person is engaged in the practice of psychology
[within the meaning of this chapter] if the person:
(1) when providing or offering to provide
psychological services to another in a professional relationship,
represents the person to the public by a title or description of
services that includes the word "psychological," "psychologist,"
or "psychology";
(2) provides or offers to provide psychological
services to individuals, groups, organizations, or the public in a
professional relationship;
(3) is a psychologist or psychological associate
employed as described by Section 501.004(a)(1) who offers or
provides psychological services, other than lecture services, to
the public for consideration separate from the salary that person
receives for performing the person's regular duties; or
(4) is employed as a psychologist or psychological
associate by an organization that sells psychological services,
other than lecture services, to the public for consideration.
(c) A person is not engaged in the [The] practice of
psychology based solely on the person offering, regardless of
whether the person is solicited, advice, counsel, or guidance
addressing or affecting the mental, emotional, or behavioral health
of another, if the person does not represent that the person is
licensed under this chapter or engaged in the delivery of
psychological services and does not represent that the advice,
counsel, or guidance is psychological in nature, and:
(1) the advice, counsel, or guidance is not offered in
the context of a professional relationship;
(2) if the person is offering the advice, counsel, or
guidance in connection with the person's occupation, the primary
focus of the occupation is not the delivery of mental, emotional, or
behavioral health care services; or
(3) the advice, counsel, or guidance is offered
through an organized or structured program or peer support service
that is designed to support or assist a person with a
self-identified goal of changing or improving certain aspects of
the person's mental, emotional, or behavioral health [includes
providing or offering to provide services to an individual or
group, including providing computerized procedures, that include
the application of established principles, methods, and procedures
of describing, explaining, and ameliorating behavior;
[(2) addresses normal behavior and involves
evaluating, preventing, and remediating psychological, emotional,
mental, interpersonal, learning, and behavioral disorders of
individuals or groups, as well as the psychological disorders that
accompany medical problems, organizational structures, stress, and
health;
[(3) includes:
[(A) using projective techniques,
neuropsychological testing, counseling, career counseling,
psychotherapy, hypnosis for health care purposes, hypnotherapy,
and biofeedback; and
[(B) evaluating and treating mental or emotional
disorders and disabilities by psychological techniques and
procedures; and
[(4) is based on:
[(A) a systematic body of knowledge and
principles acquired in an organized program of graduate study; and
[(B) the standards of ethics established by the
profession].
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3808 was passed by the House on May 4,
2017, by the following vote: Yeas 136, Nays 7, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3808 on May 25, 2017, by the following vote: Yeas 120, Nays 21,
3 present, not voting, and that the House adopted H.C.R. No. 155
authorizing certain corrections in H.B. No. 3808 on May 29, 2017, by
the following vote: Yeas 144, Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3808 was passed by the Senate, with
amendments, on May 23, 2017, by the following vote: Yeas 20, Nays
11, and that the Senate adopted H.C.R. No. 155 authorizing certain
corrections in H.B. No. 3808 on May 29, 2017, by the following vote:
Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor