By: Watson, et al. S.B. No. 2001
(Coleman)
A BILL TO BE ENTITLED
AN ACT
relating to the conduct that constitutes 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. DEFINITION: PRACTICE OF PSYCHOLOGY. (a) In
this chapter:
(1) "Practice of psychology" means:
(A) the observation, description, diagnosis,
evaluation, assessment, interpretation, or treatment of and
intervention in human behavior by applying education, training,
methods, and procedures for the purpose of:
(i) preventing, predicting, treating,
remediating, or eliminating:
(a) symptomatic, maladaptive, or
undesired behavior;
(b) emotional, interpersonal,
learning, substance use, neuropsychological, cognitive, or
behavioral disorders or disabilities, including those that
accompany medical problems; or
(c) mental illness;
(ii) evaluating, assessing, or
facilitating, by a license holder or a person who represents the
person to the public by a title or description of services that
includes the word "psychological," "psychologist," or
"psychology," the enhancement of individual, group, or
organizational effectiveness, including evaluating, assessing, or
facilitating:
(a) personal effectiveness;
(b) adaptive behavior;
(c) interpersonal relationships;
(d) academic, vocational, and life
adjustment;
(e) health; or
(f) individual, group, or
organizational performance;
(iii) providing psychological,
neuropsychological, and psychoeducational evaluation, therapy, and
remediation as well as counseling, psychoanalysis, psychotherapy,
hypnosis, and biofeedback; or
(iv) consulting with others, including
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; or
(B) the supervision of an activity or service
described by Paragraph (A).
(2) "Psychological [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) when providing or offering to provide
psychological services to another in a professional relationship,
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 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) A person is not engaged in the [The] practice of
psychology based solely on the person offering, regardless of
whether the person is solicited, advice, counsel, or guidance
addressing or affecting the mental, emotional, or behavioral health
of another, if the person does not represent that the person is
licensed under this chapter or engaged in the delivery of
psychological services and does not represent that the advice,
counsel, or guidance is psychological in nature, and:
(1) the advice, counsel, or guidance is not offered in
the context of a professional relationship;
(2) if the person is offering the advice, counsel, or
guidance in connection with the person's occupation, the primary
focus of the occupation is not the delivery of mental, emotional, or
behavioral health care services; or
(3) the advice, counsel, or guidance is offered
through an organized or structured program or peer support service
that is designed to support or assist a person with a
self-identified goal of changing or improving certain aspects of
the person's mental, emotional, or behavioral health [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 2. This Act takes effect September 1, 2017.