By: Nelson S.B. No. 1022
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of the licensing and regulation of certain
counseling professions to the Texas Department of Licensing and
Regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 502.002, Occupations Code, is amended by
amending Subdivisions (2), (3), and (5) and adding Subdivision
(3-a) to read as follows:
(2) "Commission" ["Commissioner"] means the Texas
Commission of Licensing and Regulation [commissioner of state
health services].
(3) "Department" means the Texas Department of
Licensing and Regulation [Department of State Health Services].
(3-a) "Executive director" means the executive
director of the department.
(5) "Licensed marriage and family therapist
associate" means an individual who offers to provide marriage and
family therapy for compensation under the supervision of a
commission-approved [board-approved] supervisor.
SECTION 2. The heading to Subchapter D, Chapter 502,
Occupations Code, is amended to read as follows:
SUBCHAPTER D. [BOARD] POWERS AND DUTIES
SECTION 3. Section 502.151, Occupations Code, is amended to
read as follows:
Sec. 502.151. GENERAL POWERS AND DUTIES [OF BOARD]. (a)
The executive director shall administer and enforce this chapter.
(b) The commission [board] shall:
(1) determine the qualifications and fitness of a
license applicant under this chapter; and
(2) adopt a code of professional ethics for license
holders.
SECTION 4. Section 502.157, Occupations Code, is amended to
read as follows:
Sec. 502.157. ANNUAL REGISTRY. (a) The department [board]
shall annually prepare a registry of all license holders.
(b) The department [board] shall make the registry
available to the public, license holders, and other state agencies.
SECTION 5. Section 502.159, Occupations Code, is amended to
read as follows:
Sec. 502.159. EX PARTE COMMUNICATION PROHIBITED. A
commission [board] member or department employee [who performs
functions for the board and] who is assigned to make a decision, a
finding of fact, or a conclusion of law in a proceeding pending
before the commission [board] may not directly or indirectly
communicate with a party to the proceeding or the party's
representative unless notice and an opportunity to participate are
given to each party to the proceeding.
SECTION 6. Section 502.252, Occupations Code, is amended to
read as follows:
Sec. 502.252. LICENSE APPLICATION. (a) An applicant for a
license must:
(1) file a written application in the manner and [with
the board] on a form prescribed by the executive director [board];
and
(2) pay the appropriate application fee.
(b) To qualify for a license as a licensed marriage and
family therapist associate, a person must:
(1) be at least 18 years of age;
(2) have completed a graduate internship in marriage
and family therapy, or an equivalent internship, as approved by the
commission [board];
(3) pass the license examination and jurisprudence
examination determined by the commission [board];
(4) hold a master's or doctoral degree in marriage and
family therapy or in a related mental health field with coursework
and training determined by the commission [board] to be
substantially equivalent to a graduate degree in marriage and
family therapy from a regionally accredited institution of higher
education or an institution of higher education approved by the
commission [board];
(5) be of good moral character;
(6) have not been convicted of a felony or a crime
involving moral turpitude;
(7) not use drugs or alcohol to an extent that affects
the applicant's professional competency;
(8) not have had a license or certification revoked by
a licensing agency or by a certifying professional organization;
and
(9) not have engaged in fraud or deceit in applying for
a license under this chapter.
(c) An applicant is eligible to apply for a license as a
licensed marriage and family therapist if the person:
(1) meets the requirements of Subsection (b);
(2) after receipt of a degree described by Subsection
(b)(4), has completed two years of work experience in marriage and
family therapist services that includes at least 3,000 hours of
clinical practice of which:
(A) at least 1,500 hours consist of direct
clinical services; and
(B) at least 750 hours consist of direct clinical
services to couples or families; and
(3) has completed, in a manner acceptable to the
commission [board], at least 200 hours of supervised provision of
direct clinical services by the applicant, 100 hours of which must
be supervised on an individual basis.
SECTION 7. Sections 502.253(a), (b), and (c), Occupations
Code, are amended to read as follows:
(a) The department [board] shall investigate each
application and any other information submitted by the applicant.
(b) Not later than the 90th day after the date the
department [board] receives the completed application from a person
seeking a license as a licensed marriage and family therapist
associate, the department [board] shall notify the applicant
whether the application has been accepted or rejected.
(c) An applicant for a license as a licensed marriage and
family therapist associate is eligible to take the examination if
the applicant:
(1) is enrolled in a graduate internship described by
Section 502.252(b)(2) and provides proof to the department [board]
that the applicant is a student in good standing in an educational
program described by Section 502.252(b)(4); or
(2) has completed the internship described by
Subdivision (1).
SECTION 8. Sections 502.254(b) and (d), Occupations Code,
are amended to read as follows:
(b) An applicant for a license as a licensed marriage and
family therapist associate under Section 502.252(b) must:
(1) file an application in the manner and on a form
prescribed by the executive director [board] not later than the
90th day before the date of the examination; and
(2) pay the examination fee [set by the executive
commissioner of the Health and Human Services Commission by rule].
(d) The department [board] shall have any written portion of
an examination validated by an independent testing professional.
SECTION 9. Section 502.2541, Occupations Code, is amended
to read as follows:
Sec. 502.2541. JURISPRUDENCE EXAMINATION. (a) The
department [board] shall develop and administer at least twice each
calendar year a jurisprudence examination to determine an
applicant's knowledge of this chapter, [board] rules adopted under
this chapter, and any other applicable laws of this state affecting
the applicant's practice of marriage and family therapy.
(b) The commission [board] shall adopt rules to implement
this section, including rules related to the development and
administration of the examination, examination fees, guidelines
for reexamination, grading the examination, and providing notice of
examination results.
SECTION 10. Section 502.2545, Occupations Code, is amended
to read as follows:
Sec. 502.2545. WAIVER OF EXAMINATION FOR CERTAIN
APPLICANTS. (a) The department [board] may waive the requirement
that an applicant for a license as a licensed marriage and family
therapist pass the examination required by Section 502.254 if the
applicant:
(1) is a provisional license holder under Section
502.259 and the department [board] determines that the applicant
possesses sufficient education and professional experience to
receive a license without further examination; or
(2) holds a license issued by another licensing agency
in a profession related to the practice of marriage and family
therapy and the department [board] determines that the applicant
possesses sufficient education and professional experience to
receive a license without satisfying the examination requirements
of this chapter.
(b) The commission [board] may adopt rules necessary to
administer this section, including rules under Subsection (a)(2)
prescribing the professions that are related to the practice of
marriage and family therapy.
SECTION 11. Section 502.256(b), Occupations Code, is
amended to read as follows:
(b) If an applicant fails the examination two or more times,
the department [board] may require the applicant to:
(1) complete additional courses of study designated by
the department [board]; and
(2) present satisfactory evidence of completion of the
required courses.
SECTION 12. Section 502.257, Occupations Code, is amended
to read as follows:
Sec. 502.257. ISSUANCE OF LICENSE. The department [board]
shall issue a license as a licensed marriage and family therapist
associate or licensed marriage and family therapist, as
appropriate, to an applicant who:
(1) complies with the requirements of this chapter;
(2) passes the licensing examination, unless the
department [board] exempts the person from the examination
requirement; and
(3) pays the required fees.
SECTION 13. Section 502.259, Occupations Code, is amended
to read as follows:
Sec. 502.259. PROVISIONAL LICENSE. (a) The department
[board] may grant a provisional license to practice as a marriage
and family therapist in this state without examination to an
applicant who is licensed or otherwise registered as a marriage and
family therapist by another state or jurisdiction if the
requirements to be licensed or registered in the other state or
jurisdiction were, on the date the person was licensed or
registered, substantially equal to the requirements of this
chapter.
(b) An applicant for a provisional license must:
(1) be licensed in good standing as a marriage and
family therapist in another state or jurisdiction that has
licensing requirements that are substantially equal to the
requirements of this chapter;
(2) have passed a national or other examination that:
(A) is recognized by the commission [board]; and
(B) relates to marriage and family therapy; and
(3) be sponsored by a person licensed under this
chapter [by the board] with whom the provisional license holder may
practice under this section.
(c) An applicant may be excused from the requirement of
Subsection (b)(3) if the department [board] determines that
compliance with that subsection constitutes a hardship to the
applicant.
(d) A provisional license is valid until the date the
department [board] approves or denies the provisional license
holder's application for a license under Section 502.257. The
department [board] shall complete processing of a provisional
license holder's application for a license not later than the 180th
day after the date the provisional license is issued. The
department [board] may extend this period to allow for the receipt
and tabulation of pending examination results.
(e) The department [board] shall issue a license under
Section 502.257 to a provisional license holder if:
(1) the provisional license holder passes the
examination required by Section 502.254;
(2) the department [board] verifies that the
provisional license holder satisfies the academic and experience
requirements of this chapter; and
(3) the provisional license holder satisfies any other
license requirements under this chapter.
SECTION 14. Section 502.261(b), Occupations Code, is
amended to read as follows:
(b) Each license holder shall notify the department [board]
of the license holder's current address.
SECTION 15. Section 502.301(a), Occupations Code, is
amended to read as follows:
(a) A license issued under this chapter is subject to
biennial renewal. [The board shall adopt a system under which
licenses expire on various dates during the year.]
SECTION 16. Section 502.351, Occupations Code, is amended
to read as follows:
Sec. 502.351. GROUNDS FOR DISCIPLINARY ACTIONS. The
commission or executive director [board] shall reprimand a license
holder, place on probation a person whose license has been
suspended, refuse to renew a person's license, or suspend or revoke
a holder's license if the person:
(1) is convicted of a misdemeanor involving moral
turpitude or a felony;
(2) obtains or attempts to obtain a license by fraud or
deception;
(3) uses drugs or alcohol to an extent that affects the
license holder's professional competence;
(4) performs professional duties in a grossly
negligent manner;
(5) is adjudicated as mentally incompetent by a court;
(6) practices in a manner that is detrimental to the
public health or welfare;
(7) advertises in a manner that tends to deceive or
defraud the public;
(8) has a license or certification revoked by a
licensing agency or a certifying professional organization;
(9) violates this chapter or a rule or code of ethics
adopted under this chapter; or
(10) commits an act for which liability exists under
Chapter 81, Civil Practice and Remedies Code.
SECTION 17. Section 502.357, Occupations Code, is amended
to read as follows:
Sec. 502.357. GROUNDS FOR REFUSING RENEWAL. The department
[board] may refuse to renew the license of a person who fails to pay
an administrative penalty imposed under Subchapter F, Chapter 51,
[I] unless enforcement of the penalty is stayed or a court has
ordered that the administrative penalty is not owed.
SECTION 18. Section 502.358, Occupations Code, is amended
to read as follows:
Sec. 502.358. REFUND. (a) Subject to Subsection (b), the
commission or executive director [board] may order a license holder
to pay a refund to a consumer as provided in an agreement resulting
from an informal settlement conference instead of or in addition to
imposing an administrative penalty under this chapter.
(b) The amount of a refund ordered as provided in an
agreement resulting from an informal settlement conference may not
exceed the amount the consumer paid to the license holder for a
service regulated by this chapter. The commission or executive
director [board] may not require payment of other damages or
estimate harm in a refund order.
SECTION 19. Section 502.453, Occupations Code, is amended
to read as follows:
Sec. 502.453. CIVIL PENALTY. (a) A person who violates
this chapter or a rule or order adopted [by the board] under this
chapter is liable for a civil penalty not to exceed $1,000 a day.
(b) At the request of the commission [board] or executive
director [department], the attorney general shall bring an action
to recover a civil penalty authorized under this section.
SECTION 20. Section 503.002, Occupations Code, is amended
by amending Subdivisions (1) and (2) and adding Subdivision (2-a)
to read as follows:
(1) "Commission" ["Board"] means the Texas Commission
of Licensing and Regulation [State Board of Examiners of
Professional Counselors].
(2) "Department" means the Texas Department of
Licensing and Regulation [State Health Services].
(2-a) "Executive director" means the executive
director of the department.
SECTION 21. The heading to Subchapter E, Chapter 503,
Occupations Code, is amended to read as follows:
SUBCHAPTER E. [BOARD] POWERS AND DUTIES
SECTION 22. Section 503.201, Occupations Code, is amended
to read as follows:
Sec. 503.201. GENERAL POWERS AND DUTIES. (a) The executive
director shall administer and enforce this chapter.
(b) The commission [board] shall:
(1) determine the qualifications and fitness of an
applicant for a license, license renewal, or provisional license;
(2) examine for, deny, approve, issue, revoke,
suspend, suspend on an emergency basis, place on probation, and
renew the license of an applicant or license holder under this
chapter;
(3) adopt and publish a code of ethics;
(4) by rule adopt a list of authorized counseling
methods or practices that a license holder may undertake or
perform; and
(5) adopt an official seal.
(c) [(b)] The commission or executive director [board] may
request and shall receive the assistance of a state educational
institution or other state agency.
SECTION 23. Section 503.207, Occupations Code, is amended
to read as follows:
Sec. 503.207. LICENSE HOLDER REGISTRY. (a) Each year the
department [board] shall prepare a registry of persons licensed
under this chapter. The registry must include listings of any
specializations permitted by law or by commission [board] rule.
The registry shall be made available on request to a license holder,
another state agency, or a member of the public.
(b) A person licensed under this chapter shall inform the
department [board] of the person's current address at all times.
SECTION 24. Section 503.208, Occupations Code, is amended
to read as follows:
Sec. 503.208. COMPETENT PERFORMANCE OF PROFESSIONAL
DUTIES. The commission [board] shall identify the key factors for
the competent performance by a license holder of the license
holder's professional duties.
SECTION 25. Section 503.302, Occupations Code, is amended
to read as follows:
Sec. 503.302. QUALIFICATIONS FOR LICENSE. (a) A person
qualifies for a license under this chapter if the person:
(1) is at least 18 years old;
(2) has a master's or doctoral degree in counseling or
a related field;
(3) has successfully completed a graduate degree at a
regionally accredited institution of higher education and the
number of graduate semester hours required by commission [board]
rule, which may not be less than 48 hours and must include 300 clock
hours of supervised practicum that:
(A) is primarily counseling in nature; and
(B) meets the specific academic course content
and training standards established by the commission [board];
(4) has completed the number of supervised experience
hours required by commission [board] rule, which may not be less
than 3,000 hours working in a counseling setting that meets the
requirements established by the commission [board] after the
completion of the graduate program described by Subdivision (3);
(5) [except as provided by Subsection (b),] passes the
license examination and jurisprudence examination required by this
chapter;
(6) submits an application in the manner and on a form
prescribed [as required] by the executive director [board],
accompanied by the required application fee; and
(7) meets any other requirement prescribed by the
commission [board].
(b) [(d)] In establishing the standards described by
Subsection (a)(3)(B), the commission [board] shall review and
consider the standards as developed by the appropriate professional
association.
(c) [(e)] The commission [board] may require the statements
on a license application to be made under oath.
SECTION 26. Section 503.303(b), Occupations Code, is
amended to read as follows:
(b) The department [board] shall accept an individual
course from an art therapy program accredited through the American
Art Therapy Association as satisfying the education requirements
under Section 503.302(a)(3) if at least 75 percent of the course
content is substantially equivalent to the content of a course
required by commission [board] rule.
SECTION 27. Section 503.304, Occupations Code, is amended
to read as follows:
Sec. 503.304. REVIEW OF APPLICATION. (a) Not later than
the 30th day before the examination date, after investigation of a
license application and review of other evidence submitted, the
department [board] shall notify the applicant that the application
and evidence submitted are:
(1) satisfactory and accepted; or
(2) unsatisfactory and rejected.
(b) If the department [board] rejects an application, the
department [board] shall state in the notice the reasons for the
rejection.
SECTION 28. Section 503.305, Occupations Code, is amended
to read as follows:
Sec. 503.305. LICENSE EXAMINATION. (a) The department
[board] shall administer examinations to determine the competence
of qualified applicants at least twice each calendar year.
(b) The department [board] shall contract with a nationally
recognized testing organization to develop and administer a written
professional counselor licensing examination to applicants who
apply for a license under this chapter.
SECTION 29. Section 503.3055, Occupations Code, is amended
to read as follows:
Sec. 503.3055. JURISPRUDENCE EXAMINATION. (a) The
department [board] shall develop and administer at least twice each
calendar year a jurisprudence examination to determine an
applicant's knowledge of this chapter, commission [board] rules,
and any other applicable laws of this state affecting the
applicant's professional counseling practice.
(b) The commission [board] shall adopt rules to implement
this section, including rules related to the development and
administration of the examination, examination fees, guidelines
for reexamination, grading the examination, and providing notice of
examination results.
SECTION 30. Sections 503.310(a), (c), and (d), Occupations
Code, are amended to read as follows:
(a) On application and payment of applicable fees, the
department [board] may issue a provisional license to a person who
holds a license as a counselor or art therapist issued by another
state or by a jurisdiction acceptable to the commission [board].
(c) An applicant is not required to comply with Subsection
(b)(3) if the department [board] determines that compliance with
that subsection is a hardship to the applicant.
(d) A provisional license is valid until the date the
department [board] approves or denies the provisional license
holder's application for a license under Section 503.311.
SECTION 31. Section 503.311, Occupations Code, is amended
to read as follows:
Sec. 503.311. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE
HOLDER. (a) The department [board] shall issue a license to the
holder of a provisional license who applies for a license if:
(1) the department [board] verifies that the applicant
has the academic and experience requirements for a regular license
under this chapter; and
(2) the applicant satisfies any other license
requirements under this chapter.
(b) The department [board] must complete the processing of a
provisional license holder's application for a license not later
than the later of:
(1) the 180th day after the date the provisional
license is issued; or
(2) the date licenses are issued following completion
of the examination.
SECTION 32. Section 503.313, Occupations Code, is amended
to read as follows:
Sec. 503.313. RETIREMENT STATUS. The commission [board] by
rule may adopt a system for placing a person licensed under this
chapter on retirement status.
SECTION 33. Section 503.314(b), Occupations Code, is
amended to read as follows:
(b) A license certificate issued under this chapter [by the
board] is the property of the department [board] and must be
surrendered on demand.
SECTION 34. Section 503.351, Occupations Code, is amended
to read as follows:
Sec. 503.351. RENEWAL; ELIGIBILITY. A person licensed
under this chapter may renew the license biennially if the person:
(1) is not in violation of this chapter when the person
applies for renewal; and
(2) fulfills the continuing education requirements
[established by the board].
SECTION 35. Sections 503.401(a) and (b), Occupations Code,
are amended to read as follows:
(a) A person licensed under this chapter is subject to
disciplinary action under this section if the person:
(1) violates this chapter or a rule or code of ethics
adopted under this chapter [by the board];
(2) commits an act for which the license holder would
be liable under Chapter 81, Civil Practice and Remedies Code;
(3) is legally committed to an institution because of
mental incompetence from any cause; or
(4) directly or indirectly offers to pay or agrees to
accept remuneration to or from any person for securing or
soliciting a patient or patronage.
(b) If a person is subject to disciplinary action under this
section, the commission or executive director [board] shall:
(1) revoke or suspend the person's license, including
a suspension on an emergency basis;
(2) refuse to renew the person's license;
(3) suspend the person's license and place the person
on probation with the license suspension probated; or
(4) reprimand the person.
SECTION 36. Section 503.407, Occupations Code, is amended
to read as follows:
Sec. 503.407. REFUND. (a) Subject to Subsection (b), the
commission or executive director [board] may order a license holder
to pay a refund to a consumer as provided in an agreement resulting
from an informal settlement conference instead of or in addition to
imposing an administrative penalty under this chapter.
(b) The amount of a refund ordered as provided in an
agreement resulting from an informal settlement conference may not
exceed the amount the consumer paid to the license holder for a
service regulated by this chapter. The commission or executive
director [board] may not require payment of other damages or
estimate harm in a refund order.
SECTION 37. Section 503.453, Occupations Code, is amended
to read as follows:
Sec. 503.453. REPORT OF ALLEGED OFFENSE. The department
[board] shall notify the appropriate prosecuting attorney of an
alleged offense committed under this chapter.
SECTION 38. Section 504.001, Occupations Code, is amended
by amending Subdivisions (5), (7), (8), and (9) to read as follows:
(5) "Commission" ["Commissioner"] means the Texas
Commission of Licensing and Regulation [commissioner of state
health services].
(7) "Department" means the Texas Department of
Licensing and Regulation [State Health Services].
(8) "Executive director [commissioner]" means the
executive director [commissioner] of the department [Health and
Human Services Commission].
(9) "Peer assistance program" means a program approved
by the commission [department] under Section 504.057.
SECTION 39. The heading to Subchapter B, Chapter 504,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. POWERS AND DUTIES [OF EXECUTIVE COMMISSIONER AND
DEPARTMENT]
SECTION 40. Section 504.051, Occupations Code, is amended
to read as follows:
Sec. 504.051. GENERAL POWERS AND DUTIES [OF EXECUTIVE
COMMISSIONER]. (a) The executive director [commissioner] shall
administer and enforce this chapter.
(b) The commission shall establish:
(1) [adopt rules as necessary for the performance of
its duties under this chapter;
[(2) establish] standards of conduct and ethics for
persons licensed under this chapter; and
(2) [(3) establish] any additional criteria for peer
assistance programs for chemical dependency counselors that the
commission [executive commissioner] determines necessary.
SECTION 41. Section 504.052, Occupations Code, is amended
to read as follows:
Sec. 504.052. DISCRIMINATION PROHIBITED. In taking an
action or making a decision under this chapter, the commission,
executive director [commissioner, commissioner], and department
shall do so without regard to the sex, race, religion, national
origin, color, or political affiliation of the person
affected. For purposes of this section, taking an action or making
a decision under this chapter includes:
(1) considering a license application;
(2) conducting an examination;
(3) adopting or enforcing a rule; and
(4) conducting a disciplinary proceeding.
SECTION 42. Section 504.055(d), Occupations Code, is
amended to read as follows:
(d) The department may charge a fee in an amount set by the
commission [executive commissioner] by rule for the roster
published under this section.
SECTION 43. Sections 504.057(a) and (b), Occupations Code,
are amended to read as follows:
(a) The commission [department] shall approve one or more
peer assistance programs established [by the department or a
professional association] in accordance with Chapter 467, Health
and Safety Code, from which persons licensed under this chapter may
seek assistance.
(b) The commission [department] shall approve a peer
assistance program that:
(1) meets the minimum criteria established [by the
executive commissioner or department] under Chapter 467, Health and
Safety Code;
(2) meets any additional criteria established by the
commission [executive commissioner or department] for chemical
dependency counselors licensed under this chapter; and
(3) is designed to assist a chemical dependency
counselor whose ability to perform a professional service is
impaired by abuse of or dependency on drugs or alcohol.
SECTION 44. Section 504.058(a), Occupations Code, is
amended to read as follows:
(a) The department [executive commissioner] shall add a
surcharge of not more than $10 to the license or license renewal fee
for a license under this chapter to fund approved peer assistance
programs for chemical dependency counselors. Money collected from
the surcharge shall be remitted to the comptroller for deposit to
the credit of the chemical dependency counselor account. The
chemical dependency counselor account is an account in the general
revenue fund.
SECTION 45. Section 504.1515(a), Occupations Code, is
amended to read as follows:
(a) A person seeking a license as a chemical dependency
counselor shall register with the department as a counselor intern
by submitting, in the manner prescribed by [a form acceptable to]
the executive director [department], the following:
(1) an application fee and a background investigation
fee;
(2) a completed, signed, dated, and notarized
application on a form prescribed by the executive director
[department];
(3) a recent full-face wallet-sized photograph of the
applicant;
(4) two sets of fingerprints submitted [completed in
accordance with department instructions] on a form prescribed
[cards issued] by the executive director [department];
(5) documentation verifying the applicant
successfully completed:
(A) 270 total hours of approved curricula
described by Section 504.152(a)(3)(A) [504.152(3)(A)]; and
(B) 300 hours of approved supervised field work
practicum described by Section 504.152(a)(3)(C) [504.152(3)(C)];
and
(6) documentation verifying the applicant received a
high school diploma or its equivalent.
SECTION 46. Section 504.152(a), Occupations Code, is
amended to read as follows:
(a) To be eligible for a license under this chapter, a
person must:
(1) be at least 18 years of age;
(2) hold an associate degree or a more advanced
degree;
(3) have completed:
(A) 135 hours, or nine semester hours, specific
to substance abuse disorders and treatment and an additional 135
hours, or nine semester hours, specific or related to chemical
dependency counseling;
(B) 4,000 hours of approved supervised
experience working with chemically dependent persons; and
(C) 300 hours of approved supervised field work
practicum;
(4) provide two letters of reference from chemical
dependency counselors;
(5) pass a written examination approved by the
department;
(6) submit a case presentation to the test
administrator;
(7) be determined by the department to be worthy of the
public trust and confidence;
(8) successfully complete the chemical dependency
counselor examination under Section 504.156;
(9) sign a written agreement to comply with the
standards of ethics approved by the commission [department]; and
(10) provide to the department written assurance that
the applicant has access to a peer assistance program.
SECTION 47. Section 504.1521(b), Occupations Code, is
amended to read as follows:
(b) The commission [executive commissioner] shall adopt
rules necessary to:
(1) register clinical training institutions that meet
the criteria established by the commission [executive
commissioner] to protect the safety and welfare of the people of
this state; and
(2) certify clinical supervisors who hold
certification credentials approved by the commission [department]
or by a person designated by the commission [department], such as
the International Certification and Reciprocity Consortium or
another person that meets the criteria established by the
commission [executive commissioner] to protect the safety and
welfare of the people of this state.
SECTION 48. Sections 504.1525(a) and (b), Occupations Code,
are amended to read as follows:
(a) Except as provided by Subsection (b), the department may
not issue a license, registration, or certification under this
chapter to an applicant who has been:
(1) convicted or placed on community supervision
during the three years preceding the date of application in any
jurisdiction for an offense equal to a Class B misdemeanor
specified by commission [department] rule;
(2) convicted or placed on community supervision in
any jurisdiction for an offense equal to or greater than a Class A
misdemeanor specified by commission [department] rule; or
(3) found to be incapacitated by a court on the basis
of a mental defect or disease.
(b) The department may issue a license, registration, or
certification to a person convicted or placed on community
supervision in any jurisdiction for a drug or alcohol offense
described by Subsection (a)(1) or (2) if the commission or
executive director [department] determines that the applicant has
successfully completed participation in an approved peer
assistance program.
SECTION 49. Sections 504.155(a), (b), and (c), Occupations
Code, are amended to read as follows:
(a) An application for a license under this chapter must:
(1) be submitted in the manner and on a form prescribed
[and furnished] by the executive director [department]; and
(2) contain a statement made under oath of the
applicant's education, experience, and other qualifications
established by the commission [department] as required for a
license under this chapter.
(b) The commission or executive director [department] may
require additional information regarding the quality, scope, and
nature of the experience and competence of the applicant if the
commission or executive director [department] determines that a
person's application lacks sufficient information for
consideration by the department.
(c) The department may obtain criminal history record
information relating to an applicant for a license under this
chapter from the Department of Public Safety and the Federal Bureau
of Investigation. The department may deny an application for a
license if the applicant fails to provide two complete sets of
fingerprints on a form prescribed by the executive director
[department].
SECTION 50. The heading to Section 504.157, Occupations
Code, is amended to read as follows:
Sec. 504.157. [EXAMINATION RESULTS;] REEXAMINATION.
SECTION 51. Section 504.157(d), Occupations Code, is
amended to read as follows:
(d) The commission [executive commissioner] by rule shall
establish the criteria under which an applicant may take a
subsequent examination under Subsection (c).
SECTION 52. Section 504.201(a), Occupations Code, is
amended to read as follows:
(a) A license issued under this chapter expires on the
second anniversary of the date of issuance. [The executive
commissioner by rule shall adopt a system under which licenses
expire on various dates during the year.]
SECTION 53. Section 504.2025(b), Occupations Code, is
amended to read as follows:
(b) The commission or executive director [department] may
renew a license under this chapter if the commission or executive
director [department] determines that the person has successfully
completed participation in an approved peer assistance program
subsequent to the conviction or placement on community supervision
for an offense described by Section 504.1525(b).
SECTION 54. Section 504.2026(b), Occupations Code, is
amended to read as follows:
(b) The commission or executive director [department] may
waive the requirement of Subsection (a) if the commission or
executive director [department] determines that a peer assistance
program is not reasonably available to the license holder.
SECTION 55. Section 504.205(d), Occupations Code, is
amended to read as follows:
(d) Except for the number of hours required, the commission
[executive commissioner] may not adopt a rule [under Subsection
(a)] that distinguishes between the continuing education
requirements for a license holder subject to Subsection (b) and a
license holder subject to Subsection (c).
SECTION 56. Sections 504.206(b) and (d), Occupations Code,
are amended to read as follows:
(b) The commission [department] shall recognize, prepare,
or administer a training component that satisfies the requirement
of Subsection (a) for use in continuing education for chemical
dependency counselors.
(d) In developing the training component, the commission
[department] may, to the extent appropriate, consider the training
course relating to hepatitis C developed by the Department of State
Health Services [department] under Section 94.002, Health and
Safety Code.
SECTION 57. Section 504.251, Occupations Code, is amended
to read as follows:
Sec. 504.251. GROUNDS FOR LICENSE, REGISTRATION, OR
CERTIFICATION DENIAL OR DISCIPLINARY ACTION. The commission or
executive director [department] shall refuse to issue a license,
registration, or certification [issued by the department] to an
applicant, refuse to renew a person's license, registration, or
certification [holder's license, registration, or certification
issued by the department], or take disciplinary action against the
holder of a license, registration, or certification [issued by the
department] if the applicant or license, registration, or
certification holder:
(1) violates or assists another to violate this
chapter or a rule adopted under this chapter;
(2) circumvents or attempts to circumvent this chapter
or a rule adopted under this chapter;
(3) directly or indirectly participates in a plan to
evade this chapter or a rule adopted under this chapter;
(4) has a license to practice chemical dependency
counseling in another jurisdiction refused, suspended, or revoked
for a reason that the commission or executive director [department]
determines would constitute a violation of this chapter or a rule
adopted under this chapter;
(5) engages in false, misleading, or deceptive conduct
as defined by Section 17.46, Business & Commerce Code;
(6) engages in conduct that discredits or tends to
discredit the profession of chemical dependency counseling;
(7) directly or indirectly reveals a confidential
communication made to the person by a client or recipient of
services, except as required by law;
(8) refuses to perform an act or service the person is
licensed, registered, or certified to perform under this chapter on
the basis of the client's or recipient's age, sex, race, religion,
national origin, color, or political affiliation; or
(9) commits an act for which liability exists under
Chapter 81, Civil Practice and Remedies Code.
SECTION 58. Sections 504.255(a) and (c), Occupations Code,
are amended to read as follows:
(a) A person whose license, registration, or certification
application is denied under Section 504.1525, whose license,
registration, or certification renewal is refused under Section
504.2025, or whose license, registration, or certification is
suspended [under Section 504.2525] may appeal the denial, refusal
to renew, or suspension on the grounds that:
(1) the sole basis for the [department's]
determination is a conviction or placement on community supervision
for an offense described by Section 504.1525; and
(2) sufficient time, as determined by commission
[department] rule, has expired since the date of the conviction or
placement.
(c) After a hearing under this section, the commission or
executive director [department] may determine that the person is
entitled to a license, registration, or certification under this
chapter.
SECTION 59. The heading to Subchapter H, Chapter 504,
Occupations Code, is amended to read as follows:
SUBCHAPTER H. CIVIL PENALTY [OTHER PENALTIES AND ENFORCEMENT
PROVISIONS]
SECTION 60. Section 504.351, Occupations Code, is amended
to read as follows:
Sec. 504.351. [INJUNCTIVE RELIEF;] CIVIL PENALTY. A
person who violates [(a) If it appears that a person has violated,
is violating,] or threatens [is threatening] to violate this
chapter or a rule adopted under this chapter is liable for a civil
penalty of [, the department or the attorney general at the request
of the department may institute an action in district court for an
injunction, a civil penalty, or both.
[(b) On application for injunctive relief and a finding that
a person is violating or threatening to violate this chapter or a
rule adopted under this chapter, the district court may grant
injunctive relief as the facts warrant. The department is not
required to give an appeal bond in an appeal of an action seeking
injunctive relief under this section.
[(c) The amount of a civil penalty imposed under this
section may] not [be] less than $50 or more than $500 for each day of
the violation.
SECTION 61. Section 505.002, Occupations Code, is amended
to read as follows:
Sec. 505.002. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission of
Licensing and Regulation.
(2) ["Board" means the Texas State Board of Social
Worker Examiners.
[(3)] "Council on Social Work Education" means the
national organization that is primarily responsible for the
accreditation of schools of social work in the United States or its
successor approved by the commission [board].
(3) [(4)] "Department" means the Texas Department of
Licensing and Regulation [State Health Services].
(4) "Executive director" means the executive director
of the department.
(5) [(4-a)] "Licensed baccalaureate social worker"
means a person who holds a baccalaureate social worker license
issued [by the board] under this chapter.
(6) [(4-b)] "Licensed clinical social worker" means a
person who holds a clinical social worker license issued [by the
board] under this chapter.
(7) [(5)] "Licensed master social worker" means a
person who holds a master social worker license issued [by the
board] under this chapter.
(8) [(6)] "Licensed social worker" means a person who
holds a social worker license issued [by the board] under this
chapter.
(9) "Social worker" means a person who holds any
license issued [by the board] under this chapter.
SECTION 62. Section 505.201, Occupations Code, is amended
to read as follows:
Sec. 505.201. GENERAL RULEMAKING AND ENFORCEMENT
AUTHORITY. (a) The executive director shall administer and
enforce this chapter.
(b) The commission [board] may:
(1) [adopt and enforce rules necessary to perform the
board's duties under this chapter;
[(2)] establish standards of conduct and ethics for
license holders; and
(2) [(3)] ensure strict compliance with and
enforcement of this chapter.
[(b) In adopting rules under this section, the board shall
consider the rules and procedures of the department. The board
shall adopt procedural rules, which may not be inconsistent with
similar rules and procedures of the department.]
(c) The commission [board] by rule may define a term not
defined under Section 505.002 if a definition is necessary to
administer or enforce this chapter.
(d) [(e)] For each type of license issued under this
chapter, the commission [board] shall establish:
(1) the minimum eligibility requirements;
(2) educational requirements;
(3) professional experience criteria;
(4) supervision requirements; and
(5) independent practice criteria.
(e) [(f)] The commission [board] shall establish procedures
for recognition of independent practice.
SECTION 63. Section 505.205, Occupations Code, is amended
to read as follows:
Sec. 505.205. ROSTER OF LICENSE HOLDERS. (a) The
department [board] shall prepare and publish at its discretion a
roster that contains the name and address of each person licensed
under this chapter.
(b) The department [board] shall mail a copy of the roster
to each license holder.
(c) The department [board] may not include in the roster the
name and address of a person who is delinquent in the payment of a
fee required under this chapter on the date the roster is sent for
printing.
SECTION 64. Section 505.206, Occupations Code, is amended
to read as follows:
Sec. 505.206. ROSTER OF INDEPENDENT SOCIAL WORKERS. The
department [board] shall publish a roster of persons recognized
under Section 505.307 as qualified for the independent practice of
social work.
SECTION 65. Section 505.301, Occupations Code, is amended
to read as follows:
Sec. 505.301. ESTABLISHMENT OF SPECIALTY AREA. (a) The
commission [board] may establish within the scope of social work
practice and this chapter specialty areas of social work for
license holders under this chapter who are licensed in good
standing if establishment of the specialty areas:
(1) is necessary to promote the public interest; and
(2) assists the public in identifying qualified
persons in a social work practice specialty.
(b) The commission [board] may not authorize a specialty
area within the practice of social work unless the commission
[board] sets the minimum qualifications for social work practice
with appropriate supervision and examination [, as determined by
the board].
(c) The commission [board] may not establish a specialty
area of social work or a specialty area identification that
conflicts with a state licensing law.
SECTION 66. Section 505.302(a), Occupations Code, is
amended to read as follows:
(a) In establishing a specialty area of social work, the
commission [board] shall:
(1) define the scope of the specialty;
(2) establish qualifications for specialty area
practitioners that describe, in accordance with Subdivision (1),
the scope of the specialty area;
(3) adopt rules of conduct to ensure strict compliance
with and enforcement of this chapter; and
(4) adopt rules for the suspension or revocation of an
order of recognition of specialty.
SECTION 67. Sections 505.303(a) and (c), Occupations Code,
are amended to read as follows:
(a) The commission [board] shall establish a specialty area
for the practice of clinical social work that is available only to a
licensed master social worker who satisfies the minimum number of
years of active social work practice with appropriate supervision
and clinical examination, as determined by the commission [board].
(c) For purposes of Subchapter C, Chapter 1451, Insurance
Code:
(1) a person recognized as qualified for the
independent practice of clinical social work may use the title
"Licensed Clinical Social Worker" or another title approved by the
commission [board]; and
(2) a commission-approved [board-approved] title
under this subsection has the same meaning and effect as the title
"Licensed Clinical Social Worker."
SECTION 68. Section 505.304, Occupations Code, is amended
to read as follows:
Sec. 505.304. ORDER OF RECOGNITION OF SPECIALTY. (a) The
commission [board] shall prescribe the name, design, and content of
an order of recognition of specialty.
(b) An order of recognition of specialty must:
(1) state the full name of the person recognized in the
order; and
(2) state the official specialty serial number [;
[(3) include the presiding officer's signature; and
[(4) include the board's official seal].
SECTION 69. Section 505.305, Occupations Code, is amended
to read as follows:
Sec. 505.305. RECOGNITION OF SPECIALTY; ISSUANCE OF ORDER.
(a) The department [board] shall recognize a social worker as
qualified for the practice of a specialty area of social work if the
social worker satisfies the recognition requirements established
by the commission [board] and the department [board] determines
that the person is worthy of the public trust in performing services
within the scope of the specialty area.
(b) The department [board] shall issue an order of
recognition of specialty to a social worker who is recognized as
qualified for the practice of a specialty area of social work. The
order of recognition of specialty evidences the state's recognition
of the social worker as a specialty social work practitioner under
the identification or title designated by the commission [board].
SECTION 70. Section 505.306, Occupations Code, is amended
to read as follows:
Sec. 505.306. PROHIBITED USE OF SPECIALTY AREA
IDENTIFICATION OR TITLE. If the commission [board] establishes a
specialty area of social work, a social worker may not use the
specialty area identification or title designated by the commission
[board] unless the person is recognized as qualified for the
practice of the specialty area under this chapter.
SECTION 71. Section 505.307, Occupations Code, is amended
to read as follows:
Sec. 505.307. INDEPENDENT PRACTICE RECOGNITION; MINIMUM
QUALIFICATIONS. (a) The commission [board] shall establish
procedures for recognizing a social worker qualified for the
independent practice of social work.
(b) A social worker may not be recognized as qualified for
the independent practice of social work unless the person satisfies
the requirements of social work education, experience, and
supervision as determined by the commission [board].
SECTION 72. Section 505.352, Occupations Code, is amended
to read as follows:
Sec. 505.352. LICENSE APPLICATION. A person may apply for a
license under this chapter by submitting an application to the
department [board]. The application must:
(1) be in the manner and on a form prescribed by the
executive director [board]; and
(2) contain statements made under oath regarding the
applicant's education and experience and any other information
required by the department [board] that qualifies the applicant for
a license.
SECTION 73. Section 505.353, Occupations Code, is amended
to read as follows:
Sec. 505.353. ELIGIBILITY. (a) To be eligible for a
license under this chapter, an applicant must:
(1) be at least 18 years of age;
(2) be worthy of the public trust and confidence;
(3) satisfy the education and experience requirements
under this section; and
(4) pass the licensing examination conducted by the
department [board] under Section 505.354 and the jurisprudence
examination conducted by the department [board] under Section
505.3545.
(b) An applicant may take the licensing examination
conducted by the department [board] under Section 505.354 for:
(1) a master social worker license if the applicant
possesses a doctoral or master's degree in social work from a
graduate program that is accredited by or is in candidacy for
accreditation by the Council on Social Work Education;
(2) a baccalaureate social worker license if the
applicant possesses a baccalaureate degree in social work from an
educational program that is accredited by or is in candidacy for
accreditation by the Council on Social Work Education; or
(3) a clinical social worker license if the applicant
possesses a doctoral or master's degree in social work from an
accredited graduate program approved by the commission [board] and
meets the qualifications for clinical social work practice [as
determined by the board] under this chapter.
(c) The department [board] may require an applicant to
submit documentary evidence of the quality, scope, and nature of
the applicant's experience and competence to:
(1) determine the credibility and acceptability of the
applicant's professional or technical experience or competence;
and
(2) ensure the public safety, health, and welfare.
SECTION 74. Sections 505.354(a), (b), and (e), Occupations
Code, are amended to read as follows:
(a) The department [board], at least once each calendar
year, shall prepare and administer an examination to assess an
applicant's qualifications for a license under this chapter.
(b) Each license examination shall be conducted in a manner
that is determined by the department [board] and is fair and
impartial to each applicant and school or system of social work.
(e) The department [board] shall have the written portion of
the examination, if any, validated by an independent testing
entity.
SECTION 75. Section 505.3545, Occupations Code, is amended
to read as follows:
Sec. 505.3545. JURISPRUDENCE EXAMINATION. (a) The
department [board] shall develop and administer at least twice each
calendar year a jurisprudence examination to determine an
applicant's knowledge of this chapter, [board] rules adopted under
this chapter, and any other applicable laws of this state affecting
the applicant's social work practice.
(b) The commission [board] shall adopt rules to implement
this section, including rules related to the development and
administration of the examination, examination fees, guidelines
for reexamination, grading the examination, and providing notice of
examination results.
SECTION 76. Section 505.356, Occupations Code, is amended
to read as follows:
Sec. 505.356. REEXAMINATION. The commission [board] by
rule shall establish:
(1) a limit on the number of times an applicant who
fails an examination may retake the examination;
(2) the requirements for retaking an examination; and
(3) alternative methods of examining applicants'
competency.
SECTION 77. Section 505.3575, Occupations Code, is amended
to read as follows:
Sec. 505.3575. ISSUANCE OF LICENSES TO CERTAIN OUT-OF-STATE
APPLICANTS. (a) Notwithstanding any other licensing requirement
of this subchapter:
(1) the department [board] may not require an
applicant who is licensed in good standing in another state to pass
a licensing examination conducted [by the board] under Section
505.354 if an applicant with substantially equivalent experience
who resides in this state would not be required to take the
licensing examination; and
(2) the department [board] may issue a license to an
applicant who is currently licensed in another state to
independently practice social work if:
(A) after an assessment, the department [board]
determines that the applicant:
(i) demonstrates sufficient experience and
competence;
(ii) has passed the jurisprudence
examination conducted [by the board] under Section 505.3545; and
(iii) at the time of the application, is in
good standing with the regulatory agency of the state in which the
applicant is licensed; and
(B) the applicant presents to the department
[board] credentials that the applicant obtained from a national
accreditation organization and the department [board] determines
that the requirements to obtain the credentials are sufficient to
minimize any risk to public safety.
(b) When assessing the experience and competence of an
applicant for the purposes of this section, the department [board]
may take into consideration any supervision received by the
applicant in another state or jurisdiction if the department
[board] determines that the supervision would be taken into
consideration for the purpose of licensing or certification in the
state or jurisdiction in which the applicant received the
supervision.
SECTION 78. Section 505.358, Occupations Code, is amended
to read as follows:
Sec. 505.358. PROVISIONAL LICENSE. (a) A person may apply
for a provisional license as a social worker by paying the
appropriate fee and filing an application with the department in
the manner and on a form prescribed by the executive director
[board]. The department [board] may issue a provisional license to
a person who meets the requirements of this section.
(b) An applicant for a provisional license must:
(1) be licensed or certified in good standing as a
social worker in another state that has licensing or certification
requirements determined by the department [board] to be
substantially equivalent to the requirements of this chapter;
(2) have passed a national or other examination
recognized by the commission [board] relating to the practice of
social work; and
(3) be sponsored by a person licensed under this
chapter with whom the provisional license holder may practice
social work.
(c) An applicant is not required to comply with Subsection
(b)(3) if the department [board] determines that compliance
constitutes a hardship to the applicant.
(d) A provisional license is valid until the date the
department [board] approves or denies the provisional license
holder's application for a license under Section 505.359.
SECTION 79. Section 505.359, Occupations Code, is amended
to read as follows:
Sec. 505.359. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE
HOLDER. (a) The department [board] shall issue an appropriate
license to a provisional license holder:
(1) who passes the licensing examination under Section
505.354 and the jurisprudence examination under Section 505.3545;
(2) for whom the department [board] verifies that the
person satisfies the academic and experience requirements under
Section 505.353; and
(3) who satisfies any other license requirements under
this chapter.
(b) The department [board] shall complete the processing of
a provisional license holder's application for a license not later
than the 180th day after the date the provisional license is issued
or the date licenses are issued after successful completion of the
next licensing and jurisprudence examinations, whichever date is
later.
(c) The department [board] may waive a license requirement
for an applicant who is licensed or certified in another state if
this state has entered into a reciprocity agreement with that
state.
SECTION 80. The heading to Subchapter H, Chapter 505,
Occupations Code, is amended to read as follows:
SUBCHAPTER H. TERM [RENEWAL] OF LICENSE OR [AND] ORDER OF
RECOGNITION OF SPECIALTY
SECTION 81. Section 505.401, Occupations Code, is amended
to read as follows:
Sec. 505.401. TERM OF LICENSE OR ORDER OF RECOGNITION OF
SPECIALTY [; STAGGERED EXPIRATION DATES]. [(a)] A license or order
of recognition of specialty issued under this chapter is valid for
two years.
[(a-1) The board by rule shall adopt a system under which
licenses and orders of recognition of specialty expire on various
dates during the year.
[(b) In the year in which the expiration date of an order of
recognition of specialty is changed, the total renewal fee is
payable.]
SECTION 82. Section 505.405, Occupations Code, is amended
to read as follows:
Sec. 505.405. GROUNDS FOR REFUSING RENEWAL. The department
[board] may refuse to renew the license of a person who fails to pay
an administrative penalty imposed under Subchapter F, Chapter 51,
[K] unless enforcement of the penalty is stayed or a court has
ordered that the administrative penalty is not owed.
SECTION 83. The heading to Subchapter I, Chapter 505,
Occupations Code, is amended to read as follows:
SUBCHAPTER I. DENIAL OF LICENSE OR ORDER; [AND] DISCIPLINARY
ACTIONS [PROCEDURES]
SECTION 84. Section 505.451, Occupations Code, is amended
to read as follows:
Sec. 505.451. GROUNDS FOR DENIAL OF LICENSE OR ORDER OF
RECOGNITION OF SPECIALTY; DISCIPLINARY ACTION. The commission or
executive director [board] shall deny an application for a license
or order of recognition of specialty and shall revoke or suspend,
including a suspension on an emergency basis, a license or order,
place a holder of a license or order that has been suspended on
probation, refuse to renew a person's license, or reprimand a
holder of a license or order for:
(1) violating this chapter or a rule adopted [by the
board] under this chapter;
(2) circumventing or attempting to circumvent the
requirements of this chapter or a rule adopted [by the board] under
this chapter;
(3) directly or indirectly participating in a scheme
to evade the requirements of this chapter or a rule adopted [by the
board] under this chapter;
(4) engaging in unethical conduct;
(5) engaging in conduct that discredits or tends to
discredit the social work profession;
(6) performing an act, allowing an omission, or making
an assertion or representation that is fraudulent, deceitful, or
misleading or that tends to create a misleading impression;
(7) knowingly associating with or permitting the use
of a license holder's professional services or identification in
connection with an enterprise that the person knows or should have
known in the exercise of reasonable diligence violates this chapter
or a rule adopted [by the board] under this chapter;
(8) knowingly associating with or permitting the use
of a license holder's name, professional services or
identification, or endorsement in connection with an enterprise
that the person knows or should have known in the exercise of
reasonable diligence is a trade, business, or professional practice
of a fraudulent, deceitful, or misleading nature;
(9) directly or indirectly revealing or causing to be
revealed a confidential communication transmitted to the license
holder by a client or other recipient of the license holder's
services unless revealing the communication is required by law;
(10) having been denied an application for a license
or certificate to practice social work in another jurisdiction for
a reason that the commission or executive director [board]
determines would be a violation of this chapter or a rule adopted
[by the board] under this chapter;
(11) holding a license or certificate in another
jurisdiction that is suspended or revoked for a reason that the
commission or executive director [board] determines would be a
violation of this chapter or a rule adopted [by the board] under
this chapter;
(12) having been convicted of a felony in this state,
another state, or the United States;
(13) refusing to perform an act or service within the
scope of the license holder's license solely because of the
recipient's age, sex, race, religion, national origin, color, or
political affiliation; or
(14) committing an act for which liability exists
under Chapter 81, Civil Practice and Remedies Code.
SECTION 85. Section 505.454, Occupations Code, is amended
to read as follows:
Sec. 505.454. SANCTIONS FOR HOLDER OF EXPIRED LICENSE OR
ORDER OF RECOGNITION OF SPECIALTY. [(a)] A person who holds an
expired license or order of recognition of specialty under this
chapter is subject to a sanction under this chapter if the
commission or executive director [board] determines that the person
violated this chapter or a rule adopted [by the board] under this
chapter during the period in which the license or order was valid.
[(b) Sections 505.455(b) and (c) and 505.456 apply to a
disciplinary proceeding against a person under this section.]
SECTION 86. Section 505.458, Occupations Code, is amended
to read as follows:
Sec. 505.458. REFUND. (a) Subject to Subsection (b), the
commission or executive director [board] may order a license holder
to pay a refund to a consumer as provided in an agreement resulting
from an informal settlement conference instead of or in addition to
imposing an administrative penalty under this chapter.
(b) The amount of a refund ordered as provided in an
agreement resulting from an informal settlement conference may not
exceed the amount the consumer paid to the license holder for a
service regulated by this chapter. The commission or executive
director [board] may not require payment of other damages or
estimate harm in a refund order.
SECTION 87. Section 505.504, Occupations Code, is amended
to read as follows:
Sec. 505.504. CIVIL PENALTY. (a) A person who violates or
threatens to violate this chapter, a rule adopted [by the board]
under this chapter, or an order issued [by the board or department]
under this chapter is liable to the state for a civil penalty of not
less than $50 or more than $500 for each day of violation.
(b) At the request of the commission or executive director
[board or department], the attorney general shall initiate and
conduct an action in a district court in the state's name to obtain
a civil penalty under this section.
SECTION 88. Section 505.505, Occupations Code, is amended
to read as follows:
Sec. 505.505. APPEAL BOND NOT REQUIRED. The [board or]
department is not required to post an appeal bond in any action
arising under this chapter.
SECTION 89. Section 505.506, Occupations Code, is amended
to read as follows:
Sec. 505.506. REPRESENTATION BY ATTORNEY GENERAL. The
attorney general shall represent the [board or] department in an
action brought to enforce this chapter.
SECTION 90. Section 411.122(d), Government Code, is amended
to read as follows:
(d) The following state agencies are subject to this
section:
(1) Texas Appraiser Licensing and Certification
Board;
(2) Texas Board of Architectural Examiners;
(3) Texas Board of Chiropractic Examiners;
(4) State Board of Dental Examiners;
(5) Texas Board of Professional Engineers;
(6) Texas Funeral Service Commission;
(7) Texas Board of Professional Geoscientists;
(8) Department of State Health Services, except as
provided by Section 411.110[, and agencies attached to the
department, including:
[(A) Texas State Board of Examiners of
Dietitians;
[(B) Texas State Board of Examiners of Marriage
and Family Therapists;
[(C) Midwifery Board;
[(D) Texas State Perfusionist Advisory
Committee;
[(E) Texas State Board of Examiners of
Professional Counselors;
[(F) Texas State Board of Social Worker
Examiners;
[(G) State Board of Examiners for
Speech-Language Pathology and Audiology;
[(H) Advisory Board of Athletic Trainers;
[(I) State Committee of Examiners in the Fitting
and Dispensing of Hearing Instruments;
[(J) Texas Board of Licensure for Professional
Medical Physicists; and
[(K) Texas Board of Orthotics and Prosthetics];
(9) Texas Board of Professional Land Surveying;
(10) Texas Department of Licensing and Regulation,
except as provided by Section 411.093;
(11) Texas Commission on Environmental Quality;
(12) Texas Board of Occupational Therapy Examiners;
(13) Texas Optometry Board;
(14) Texas State Board of Pharmacy;
(15) Texas Board of Physical Therapy Examiners;
(16) Texas State Board of Plumbing Examiners;
(17) Texas State Board of Podiatric Medical Examiners;
(18) Texas State Board of Examiners of Psychologists;
(19) Texas Real Estate Commission;
(20) Texas Department of Transportation;
(21) State Board of Veterinary Medical Examiners;
(22) Texas Department of Housing and Community
Affairs;
(23) secretary of state;
(24) state fire marshal;
(25) Texas Education Agency;
(26) Department of Agriculture; and
(27) Texas Department of Motor Vehicles.
SECTION 91. Section 36.132(a)(2), Human Resources Code, is
amended to read as follows:
(2) "Licensing authority" means:
(A) the Texas Medical Board;
(B) the State Board of Dental Examiners;
(C) the Texas State Board of Examiners of
Psychologists;
(D) [the Texas State Board of Social Worker
Examiners;
[(E)] the Texas Board of Nursing;
(E) [(F)] the Texas Board of Physical Therapy
Examiners;
(F) [(G)] the Texas Board of Occupational
Therapy Examiners; or
(G) [(H)] another state agency authorized to
regulate a provider who receives or is eligible to receive payment
for a health care service under the Medicaid program.
SECTION 92. Sections 1451.001(4), (9), (10), and (11),
Insurance Code, are amended to read as follows:
(4) "Chemical dependency counselor" means an
individual licensed under Chapter 504, Occupations Code [by the
Texas Commission on Alcohol and Drug Abuse].
(9) "Licensed clinical social worker" means an
individual licensed by the Texas Department of Licensing and
Regulation [State Board of Social Worker Examiners] as a licensed
clinical social worker.
(10) "Licensed professional counselor" means an
individual licensed under Chapter 503, Occupations Code [by the
Texas State Board of Examiners of Professional Counselors].
(11) "Marriage and family therapist" means an
individual licensed under Chapter 502, Occupations Code [by the
Texas State Board of Examiners of Marriage and Family Therapists].
SECTION 93. Section 110.001(7), Occupations Code, is
amended to read as follows:
(7) "Sex offender treatment provider" means a person,
licensed by the council and recognized based on training and
experience to provide assessment and treatment to adult sex
offenders or juveniles with sexual behavioral problems who have
been convicted, adjudicated, awarded deferred adjudication, or
referred by a state agency or a court, and licensed in this state to
practice as a physician, psychiatrist, psychologist, psychological
associate, provisionally licensed psychologist, licensed
professional counselor, licensed professional counselor intern,
licensed marriage and family therapist, licensed marriage and
family associate, licensed clinical social worker, licensed master
social worker under a clinical supervision plan approved by the
Texas Department of Licensing and Regulation [State Board of Social
Worker Examiners], or advanced practice nurse recognized as a
psychiatric clinical nurse specialist or psychiatric mental health
nurse practitioner, who provides mental health or medical services
for rehabilitation of sex offenders.
SECTION 94. Section 411.1105, Government Code, is repealed.
SECTION 95. The following provisions of the Occupations
Code are repealed:
(1) Section 502.002(1);
(2) Section 502.003;
(3) Subchapter B, Chapter 502;
(4) Subchapter C, Chapter 502;
(5) Section 502.152;
(6) Section 502.153;
(7) Section 502.154;
(8) Section 502.155;
(9) Section 502.156;
(10) Section 502.1565;
(11) Section 502.158;
(12) Section 502.161;
(13) Section 502.162;
(14) Section 502.163;
(15) Subchapter E, Chapter 502;
(16) Section 502.255;
(17) Section 502.258;
(18) Section 502.260;
(19) Sections 502.301(b), (c), (d), and (e);
(20) Section 502.302;
(21) Section 502.303;
(22) Section 502.352;
(23) Section 502.353;
(24) Section 502.354;
(25) Section 502.355;
(26) Section 502.356;
(27) Subchapter I, Chapter 502;
(28) Section 502.451;
(29) Section 502.452;
(30) Section 502.455;
(31) Section 503.005;
(32) Subchapter C, Chapter 503;
(33) Subchapter D, Chapter 503;
(34) Section 503.202;
(35) Section 503.203;
(36) Section 503.204;
(37) Section 503.2045;
(38) Section 503.205;
(39) Section 503.209;
(40) Section 503.210;
(41) Section 503.211;
(42) Subchapter F, Chapter 503;
(43) Section 503.306;
(44) Section 503.308;
(45) Section 503.312;
(46) Section 503.352;
(47) Section 503.353;
(48) Section 503.354;
(49) Section 503.355;
(50) Section 503.356;
(51) Sections 503.401(c) and (d);
(52) Section 503.402;
(53) Section 503.403;
(54) Section 503.404;
(55) Section 503.405;
(56) Section 503.406;
(57) Section 503.451;
(58) Section 503.454;
(59) Subchapter K, Chapter 503;
(60) Section 504.0515;
(61) Section 504.053;
(62) Section 504.054;
(63) Section 504.056;
(64) Subchapter C, Chapter 504;
(65) Sections 504.157(a) and (b);
(66) Section 504.158(c);
(67) Section 504.160;
(68) Section 504.161;
(69) Section 504.202;
(70) Section 504.203;
(71) Section 504.204;
(72) Section 504.205(a);
(73) Section 504.252;
(74) Section 504.2525;
(75) Section 504.253;
(76) Section 504.254;
(77) Subchapter G, Chapter 504;
(78) Section 505.005;
(79) Subchapter B, Chapter 505;
(80) Subchapter C, Chapter 505;
(81) Section 505.202;
(82) Section 505.203;
(83) Section 505.204;
(84) Section 505.209;
(85) Section 505.210;
(86) Section 505.211;
(87) Subchapter E, Chapter 505;
(88) Section 505.355;
(89) Section 505.357;
(90) Section 505.402;
(91) Section 505.403;
(92) Section 505.404;
(93) Section 505.452;
(94) Section 505.453;
(95) Section 505.455;
(96) Section 505.456;
(97) Section 505.457;
(98) Section 505.501;
(99) Section 505.503;
(100) Section 505.508; and
(101) Subchapter K, Chapter 505.
SECTION 96. (a) A rule or fee of the Department of State
Health Services that relates to a program transferred under this
Act and that is in effect on the effective date of this Act remains
in effect until changed by the Texas Commission of Licensing and
Regulation.
(b) A license, registration, or certification issued by the
Department of State Health Services relating to a program
transferred under this Act is continued in effect as a license,
registration, or certification of the Texas Department of Licensing
and Regulation after the effective date of this Act.
(c) A complaint, investigation, contested case, or other
proceeding before the Department of State Health Services relating
to a program transferred under this Act that is pending on the
effective date of this Act is transferred without change in status
to the Texas Commission of Licensing and Regulation or Texas
Department of Licensing and Regulation, as appropriate.
SECTION 97. (a) As soon as practicable after the effective
date of this Act, the Department of State Health Services and the
Texas Department of Licensing and Regulation shall adopt a
transition plan to provide for the orderly transfer of powers,
duties, functions, programs, and activities under this Act. The
transition plan must provide for each program to be transferred on
or before September 1, 2018.
(b) The Department of State Health Services shall provide
the Texas Department of Licensing and Regulation with access to any
systems or information necessary for the Texas Department of
Licensing and Regulation to accept a program transferred under this
Act.
(c) On the date specified in the transition plan required
under Subsection (a) of this section for the transfer of a
particular program to the Texas Department of Licensing and
Regulation, if applicable, the existing board associated with the
program is abolished.
(d) On the date specified in the transition plan required
under Subsection (a) of this section for the transfer of a
particular program to the Texas Department of Licensing and
Regulation, all full-time equivalent employee positions at the
Department of State Health Services that primarily concern the
administration or enforcement of the program being transferred
become positions at the Texas Department of Licensing and
Regulation. The Texas Department of Licensing and Regulation shall
post the positions for hiring and, when filling the positions,
shall give consideration to, but is not required to hire, an
applicant who, immediately before the date of the transfer, was an
employee at the Department of State Health Services primarily
involved in administering or enforcing the transferred program.
SECTION 98. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 99. This Act takes effect September 1, 2017.