85R9082 EES-D
By: Taylor of Collin S.B. No. 1254
A BILL TO BE ENTITLED
AN ACT
relating to the practice of and the billing codes used by certain
mental health professionals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 502, Occupations Code, is
amended by adding Section 502.0021 to read as follows:
Sec. 502.0021. PRACTICE OF MARRIAGE AND FAMILY THERAPY.
(a) In this section, "marriage and family therapy" means the
provision of professional therapy services to individuals,
families, or couples, alone or in groups, that involve applying
family systems theories and techniques, including the evaluation
and remediation of cognitive, affective, behavioral, or relational
dysfunction in the context of marriage or family systems.
(b) The practice of marriage and family therapy may include
the use of the Diagnostic and Statistical Manual of Mental
Disorders, the International Classification of Diseases, and other
diagnostic classification systems and the use of billing codes in
connection with those systems for assessment, evaluation,
classification, treatment, and other activities by a person
licensed under this chapter, in connection with a claim for payment
or reimbursement from a health insurance policy issuer or other
payor.
(c) The practice of marriage and family therapy does not
include prescribing medication, treating a physical disease, or
providing any service outside the scope of practice of a licensed
marriage and family therapist or licensed marriage and family
therapist associate.
SECTION 2. Section 503.003, Occupations Code, is amended by
adding Subsections (d) and (e) to read as follows:
(d) The practice of professional counseling may include the
use of the Diagnostic and Statistical Manual of Mental Disorders,
the International Classification of Diseases, and other diagnostic
classification systems and the use of billing codes in connection
with those systems for assessment, evaluation, classification,
treatment, and other activities by a person licensed under this
chapter, in connection with a claim for payment or reimbursement
from a health insurance policy issuer or other payor.
(e) The practice of professional counseling does not
include prescribing medication, treating a physical disease, or
providing any service outside the scope of practice of a licensed
professional counselor.
SECTION 3. Subchapter A, Chapter 504, Occupations Code, is
amended by adding Section 504.0011 to read as follows:
Sec. 504.0011. PRACTICE OF CHEMICAL DEPENDENCY COUNSELING.
(a) The practice of chemical dependency counseling may include the
use of the Diagnostic and Statistical Manual of Mental Disorders,
the International Classification of Diseases, and other diagnostic
classification systems and the use of billing codes in connection
with those systems for assessment, evaluation, classification,
treatment, and other activities by a person licensed under this
chapter, in connection with a claim for payment or reimbursement
from a health insurance policy issuer or other payor.
(b) The practice of chemical dependency counseling does not
include prescribing medication, treating a physical disease, or
providing any service outside the scope of practice of a chemical
dependency counselor.
SECTION 4. Section 21.003(b), Education Code, is amended to
read as follows:
(b) Except as otherwise provided by this subsection, a
person may not be employed by a school district as an audiologist,
occupational therapist, physical therapist, physician, nurse,
school psychologist, associate school psychologist, licensed
professional counselor, marriage and family therapist, social
worker, or speech language pathologist unless the person is
licensed by the state agency that licenses that profession and may
perform specific services within those professions for a school
district only if the person holds the appropriate credential from
the appropriate state agency. As long as a person employed by a
district before September 1, 2011, to perform marriage and family
therapy under Chapter 502 [, as defined by Section 502.002],
Occupations Code, is employed by the same district, the person is
not required to hold a license as a marriage and family therapist to
perform marriage and family therapy with that district.
SECTION 5. Section 502.002(6), Occupations Code, is
repealed.
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.