1 | 1 | | 85R9082 EES-D |
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2 | 2 | | By: Taylor of Collin S.B. No. 1254 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the practice of and the billing codes used by certain |
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8 | 8 | | mental health professionals. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter A, Chapter 502, Occupations Code, is |
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11 | 11 | | amended by adding Section 502.0021 to read as follows: |
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12 | 12 | | Sec. 502.0021. PRACTICE OF MARRIAGE AND FAMILY THERAPY. |
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13 | 13 | | (a) In this section, "marriage and family therapy" means the |
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14 | 14 | | provision of professional therapy services to individuals, |
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15 | 15 | | families, or couples, alone or in groups, that involve applying |
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16 | 16 | | family systems theories and techniques, including the evaluation |
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17 | 17 | | and remediation of cognitive, affective, behavioral, or relational |
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18 | 18 | | dysfunction in the context of marriage or family systems. |
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19 | 19 | | (b) The practice of marriage and family therapy may include |
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20 | 20 | | the use of the Diagnostic and Statistical Manual of Mental |
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21 | 21 | | Disorders, the International Classification of Diseases, and other |
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22 | 22 | | diagnostic classification systems and the use of billing codes in |
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23 | 23 | | connection with those systems for assessment, evaluation, |
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24 | 24 | | classification, treatment, and other activities by a person |
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25 | 25 | | licensed under this chapter, in connection with a claim for payment |
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26 | 26 | | or reimbursement from a health insurance policy issuer or other |
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27 | 27 | | payor. |
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28 | 28 | | (c) The practice of marriage and family therapy does not |
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29 | 29 | | include prescribing medication, treating a physical disease, or |
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30 | 30 | | providing any service outside the scope of practice of a licensed |
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31 | 31 | | marriage and family therapist or licensed marriage and family |
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32 | 32 | | therapist associate. |
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33 | 33 | | SECTION 2. Section 503.003, Occupations Code, is amended by |
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34 | 34 | | adding Subsections (d) and (e) to read as follows: |
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35 | 35 | | (d) The practice of professional counseling may include the |
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36 | 36 | | use of the Diagnostic and Statistical Manual of Mental Disorders, |
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37 | 37 | | the International Classification of Diseases, and other diagnostic |
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38 | 38 | | classification systems and the use of billing codes in connection |
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39 | 39 | | with those systems for assessment, evaluation, classification, |
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40 | 40 | | treatment, and other activities by a person licensed under this |
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41 | 41 | | chapter, in connection with a claim for payment or reimbursement |
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42 | 42 | | from a health insurance policy issuer or other payor. |
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43 | 43 | | (e) The practice of professional counseling does not |
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44 | 44 | | include prescribing medication, treating a physical disease, or |
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45 | 45 | | providing any service outside the scope of practice of a licensed |
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46 | 46 | | professional counselor. |
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47 | 47 | | SECTION 3. Subchapter A, Chapter 504, Occupations Code, is |
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48 | 48 | | amended by adding Section 504.0011 to read as follows: |
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49 | 49 | | Sec. 504.0011. PRACTICE OF CHEMICAL DEPENDENCY COUNSELING. |
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50 | 50 | | (a) The practice of chemical dependency counseling may include the |
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51 | 51 | | use of the Diagnostic and Statistical Manual of Mental Disorders, |
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52 | 52 | | the International Classification of Diseases, and other diagnostic |
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53 | 53 | | classification systems and the use of billing codes in connection |
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54 | 54 | | with those systems for assessment, evaluation, classification, |
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55 | 55 | | treatment, and other activities by a person licensed under this |
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56 | 56 | | chapter, in connection with a claim for payment or reimbursement |
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57 | 57 | | from a health insurance policy issuer or other payor. |
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58 | 58 | | (b) The practice of chemical dependency counseling does not |
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59 | 59 | | include prescribing medication, treating a physical disease, or |
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60 | 60 | | providing any service outside the scope of practice of a chemical |
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61 | 61 | | dependency counselor. |
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62 | 62 | | SECTION 4. Section 21.003(b), Education Code, is amended to |
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63 | 63 | | read as follows: |
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64 | 64 | | (b) Except as otherwise provided by this subsection, a |
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65 | 65 | | person may not be employed by a school district as an audiologist, |
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66 | 66 | | occupational therapist, physical therapist, physician, nurse, |
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67 | 67 | | school psychologist, associate school psychologist, licensed |
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68 | 68 | | professional counselor, marriage and family therapist, social |
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69 | 69 | | worker, or speech language pathologist unless the person is |
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70 | 70 | | licensed by the state agency that licenses that profession and may |
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71 | 71 | | perform specific services within those professions for a school |
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72 | 72 | | district only if the person holds the appropriate credential from |
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73 | 73 | | the appropriate state agency. As long as a person employed by a |
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74 | 74 | | district before September 1, 2011, to perform marriage and family |
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75 | 75 | | therapy under Chapter 502 [, as defined by Section 502.002], |
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76 | 76 | | Occupations Code, is employed by the same district, the person is |
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77 | 77 | | not required to hold a license as a marriage and family therapist to |
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78 | 78 | | perform marriage and family therapy with that district. |
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79 | 79 | | SECTION 5. Section 502.002(6), Occupations Code, is |
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80 | 80 | | repealed. |
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81 | 81 | | SECTION 6. This Act takes effect immediately if it receives |
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82 | 82 | | a vote of two-thirds of all the members elected to each house, as |
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83 | 83 | | provided by Section 39, Article III, Texas Constitution. If this |
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84 | 84 | | Act does not receive the vote necessary for immediate effect, this |
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85 | 85 | | Act takes effect September 1, 2017. |
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