Texas 2017 - 85th Regular

Texas Senate Bill SB2001 Compare Versions

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1-By: Watson, et al. S.B. No. 2001
2- (Coleman)
1+By: Watson, Hughes S.B. No. 2001
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54 A BILL TO BE ENTITLED
65 AN ACT
76 relating to the conduct that constitutes the practice of
87 psychology.
98 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
109 SECTION 1. Section 501.003, Occupations Code, is amended to
1110 read as follows:
1211 Sec. 501.003. DEFINITION: PRACTICE OF PSYCHOLOGY. (a) In
1312 this chapter:
1413 (1) "Practice of psychology" means:
1514 (A) the observation, description, diagnosis,
1615 evaluation, assessment, interpretation, or treatment of and
1716 intervention in human behavior by applying education, training,
1817 methods, and procedures for the purpose of:
1918 (i) preventing, predicting, treating,
2019 remediating, or eliminating:
2120 (a) symptomatic, maladaptive, or
2221 undesired behavior;
2322 (b) emotional, interpersonal,
2423 learning, substance use, neuropsychological, cognitive, or
2524 behavioral disorders or disabilities, including those that
2625 accompany medical problems; or
2726 (c) mental illness;
2827 (ii) evaluating, assessing, or
2928 facilitating, by a license holder or a person who represents the
3029 person to the public by a title or description of services that
3130 includes the word "psychological," "psychologist," or
3231 "psychology," the enhancement of individual, group, or
3332 organizational effectiveness, including evaluating, assessing, or
3433 facilitating:
3534 (a) personal effectiveness;
3635 (b) adaptive behavior;
3736 (c) interpersonal relationships;
3837 (d) academic, vocational, and life
3938 adjustment;
4039 (e) health; or
4140 (f) individual, group, or
4241 organizational performance;
4342 (iii) providing psychological,
4443 neuropsychological, and psychoeducational evaluation, therapy, and
4544 remediation as well as counseling, psychoanalysis, psychotherapy,
4645 hypnosis, and biofeedback; or
4746 (iv) consulting with others, including
4847 other mental health professionals, physicians, school personnel,
4948 or organizations within the scope of the provider's competency and
5049 training with respect to services provided for a specific
5150 individual; or
5251 (B) the supervision of an activity or service
5352 described by Paragraph (A).
5453 (2) "Psychological [section, "psychological]
5554 services" means acts or behaviors that are included within the
5655 purview of the practice of psychology.
5756 (b) A person is engaged in the practice of psychology
5857 [within the meaning of this chapter] if the person:
5958 (1) when providing or offering to provide
6059 psychological services to another in a professional relationship,
6160 represents the person to the public by a title or description of
6261 services that includes the word "psychological," "psychologist,"
6362 or "psychology";
6463 (2) provides or offers to provide psychological
6564 services to individuals, groups, organizations, or the public in a
6665 professional relationship;
6766 (3) is a psychologist or psychological associate
6867 employed as described by Section 501.004(a)(1) who offers or
6968 provides psychological services, other than lecture services, to
7069 the public for consideration separate from the salary that person
7170 receives for performing the person's regular duties; or
7271 (4) is employed as a psychologist or psychological
7372 associate by an organization that sells psychological services,
7473 other than lecture services, to the public for consideration.
7574 (c) A person is not engaged in the [The] practice of
7675 psychology based solely on the person offering, regardless of
7776 whether the person is solicited, advice, counsel, or guidance
7877 addressing or affecting the mental, emotional, or behavioral health
7978 of another, if the person does not represent that the person is
8079 licensed under this chapter or engaged in the delivery of
8180 psychological services and does not represent that the advice,
8281 counsel, or guidance is psychological in nature, and:
8382 (1) the advice, counsel, or guidance is not offered in
8483 the context of a professional relationship;
8584 (2) if the person is offering the advice, counsel, or
8685 guidance in connection with the person's occupation, the primary
8786 focus of the occupation is not the delivery of mental, emotional, or
8887 behavioral health care services; or
8988 (3) the advice, counsel, or guidance is offered
9089 through an organized or structured program or peer support service
9190 that is designed to support or assist a person with a
9291 self-identified goal of changing or improving certain aspects of
9392 the person's mental, emotional, or behavioral health [includes
9493 providing or offering to provide services to an individual or
9594 group, including providing computerized procedures, that include
9695 the application of established principles, methods, and procedures
9796 of describing, explaining, and ameliorating behavior;
9897 [(2) addresses normal behavior and involves
9998 evaluating, preventing, and remediating psychological, emotional,
10099 mental, interpersonal, learning, and behavioral disorders of
101100 individuals or groups, as well as the psychological disorders that
102101 accompany medical problems, organizational structures, stress, and
103102 health;
104103 [(3) includes:
105104 [(A) using projective techniques,
106105 neuropsychological testing, counseling, career counseling,
107106 psychotherapy, hypnosis for health care purposes, hypnotherapy,
108107 and biofeedback; and
109108 [(B) evaluating and treating mental or emotional
110109 disorders and disabilities by psychological techniques and
111110 procedures; and
112111 [(4) is based on:
113112 [(A) a systematic body of knowledge and
114113 principles acquired in an organized program of graduate study; and
115114 [(B) the standards of ethics established by the
116115 profession].
117116 SECTION 2. This Act takes effect September 1, 2017.