By: Watson S.B. No. 2001
A BILL TO BE ENTITLED
AN ACT
relating to defining the practice of psychology.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 501.003, Occupations Code, is amended to
read as follows:
Sec. 501.003. PRACTICE OF PSYCHOLOGY. (a) In this 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) represents himself or herself to the public by a
title or description of services that includes the word
"psychological," "psychologist," or "psychology" when providing or
offering to provide psychological services to another in a
professional relationship;
(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) The practice of psychology is defined as:
(1) the observation, description, diagnosis,
evaluation, assessment, interpretation, or intervention in and
treatment of human behavior by applying education, training,
methods, and procedures for the purposes of
(A) preventing, predicting, treating,
remediating or eliminating:
(i) symptomatic, maladaptive, or undesired
behavior;
(ii) emotional, interpersonal, learning,
substance use, neuropsychological, cognitive, or behavioral
disorders or disability, including those that accompany medical
problems; or
(iii) mental illness.
(B) facilitating the enhancement of individual,
group, or organizational effectiveness -including personal
effectiveness, adaptive behavior, interpersonal relationships,
academic, vocational, and life adjustment, health, and individual,
group, or organizational performance, when such facilitation is
offered or provided by a licensee or a person who represents the
person to the public by a title or description of services that
includes the term "psychology," "psychological," or
"psychologist."
(C) providing psychological,
neuropsychological, and psychoeducational evaluation, therapy and
remediation as well as counseling, psychoanalysis, psychotherapy,
hypnosis, biofeedback, and behavior analysis and therapy;
(D) providing professional psychological
expertise and services in legal proceedings
(E) consulting with others, such as 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.
(2) includes the supervision of any of the activities
or services listed under paragraph (1) above.
(3) does not include the following situations if at
least one of the requirements under subsection (A) and all of the
requirements under subsection (B) are met:
(A) the offering of advice, counsel, or guidance
addressing or affecting the mental, emotional, or behavioral health
of another individual, whether solicited or unsolicited, when:
(i) the advice, counsel, or guidance is not
offered in the context of a professional relationship;
(ii) the primary focus of the provider's
occupation is other than the delivery of mental, emotional, or
behavioral health care services and the person is offering the
advice, counsel, or guidance ancillary to the person's occupation;
or
(iii) the advice, counsel, or guidance is
offered within the context of an organized or structured program or
peer support service that is designed to support or assist
individuals with a self-identified goal of changing or improving
certain aspects of their mental, emotional, or behavioral health;
and
(B) the individual offering the advice, counsel,
or guidance does not represent:
(i) himself or herself to be a licensee of
the Board, or that he or she is otherwise engaged in the delivery of
psychological services; and
(ii) the advice, counsel, or guidance as
being psychological in nature.
[(a) In this 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) 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;
(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) The practice of psychology:
(1) 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 7. This Act takes effect September 1, 2017.