Texas 2019 - 86th Regular

Texas House Bill HB1501 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1501
	1	+	By: Nevárez (Senate Sponsor - Nichols) H.B. No. 1501
	2	+	(In the Senate - Received from the House April 11, 2019;
	3	+	April 15, 2019, read first time and referred to Committee on Health &
	4	+	Human Services; May 9, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	May 9, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1501 By: Perry
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the creation of the Texas Behavioral Health Executive
6	14		Council and to the continuation and transfer of the regulation of
7	15		psychologists, marriage and family therapists, professional
8	16		counselors, and social workers to the Texas Behavioral Health
9	17		Executive Council; providing civil and administrative penalties;
10	18		authorizing a fee.
11	19		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	20		ARTICLE 1. CREATION OF THE TEXAS BEHAVIORAL HEALTH EXECUTIVE
13	21		COUNCIL
14	22		SECTION 1.001. Subtitle I, Title 3, Occupations Code, is
15	23		amended by adding Chapter 507 to read as follows:
16	24		CHAPTER 507. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
17	25		SUBCHAPTER A. GENERAL PROVISIONS
18	26		Sec. 507.001. DEFINITIONS. In this chapter:
19	27		(1) "Executive council" means the Texas Behavioral
20	28		Health Executive Council.
21	29		(2) "License" means a license, certification,
22	30		registration, or other authorization that is issued by the
23	31		executive council.
24	32		(3) "Marriage and family therapy board" means the
25	33		Texas State Board of Examiners of Marriage and Family Therapists.
26	34		(4) "Professional counseling board" means the Texas
27	35		State Board of Examiners of Professional Counselors.
28	36		(5) "Psychology board" means the Texas State Board of
29	37		Examiners of Psychologists.
30	38		(6) "Social work board" means the Texas State Board of
31	39		Social Worker Examiners.
32	40		Sec. 507.002. APPLICATION OF SUNSET ACT. The Texas
33	41		Behavioral Health Executive Council is subject to Chapter 325,
34	42		Government Code (Texas Sunset Act). Unless continued in existence
35	43		as provided by that chapter, the executive council is abolished and
36	44		this chapter and Chapters 501, 502, 503, and 505 expire September 1,
37		-	~~2029~~.
	45	+	2031.
38	46		SUBCHAPTER B. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
39	47		Sec. 507.051. EXECUTIVE COUNCIL MEMBERSHIP. (a) The Texas
40	48		Behavioral Health Executive Council consists of nine members as
41	49		follows:
42	50		(1) one marriage and family therapist member and one
43	51		public member of the marriage and family therapy board, each
44	52		appointed by that board;
45	53		(2) one licensed professional counselor member and one
46	54		public member of the professional counseling board, each appointed
47	55		by that board;
48	56		(3) one psychologist member and one public member of
49	57		the psychology board, each appointed by that board;
50	58		(4) one social worker member and one public member of
51	59		the social work board, each appointed by that board; and
52	60		(5) one public member appointed by the governor.
53	61		(b) Appointments to the executive council shall be made
54	62		without regard to the race, color, disability, sex, age, religion,
55	63		or national origin of the appointee.
56	64		Sec. 507.052. ELIGIBILITY OF PUBLIC MEMBER APPOINTED BY
57	65		GOVERNOR. A person is not eligible for appointment by the governor
58	66		as a public member of the executive council if the person or the
59	67		person's spouse:
60	68		(1) is registered, certified, or licensed by an
61	69		occupational regulatory agency in the field of health care;
62	70		(2) is employed by or participates in the management
63	71		of a business entity or other organization regulated by or
64	72		receiving money from the executive council, the marriage and family
65	73		therapy board, the professional counseling board, the psychology
66	74		board, or the social work board;
67	75		(3) owns or controls, directly or indirectly, more
68	76		than a 10 percent interest in a business entity or other
69	77		organization regulated by or receiving money from the executive
70	78		council, the marriage and family therapy board, the professional
71	79		counseling board, the psychology board, or the social work board;
72	80		or
73	81		(4) uses or receives a substantial amount of tangible
74	82		goods, services, or money from the executive council, the marriage
75	83		and family therapy board, the professional counseling board, the
76	84		psychology board, or the social work board, other than compensation
77	85		or reimbursement authorized by law for executive council, marriage
78	86		and family therapy board, professional counseling board,
79	87		psychology board, or social work board membership, attendance, or
80	88		expenses.
81	89		Sec. 507.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
82	90		In this section, "Texas trade association" means a cooperative and
83	91		voluntarily joined statewide association of business or
84	92		professional competitors in this state designed to assist its
85	93		members and its industry or profession in dealing with mutual
86	94		business or professional problems and in promoting their common
87	95		interest.
88	96		(b) A person may not be a member of the executive council and
89	97		may not be an executive council employee employed in a "bona fide
90	98		executive, administrative, or professional capacity," as that
91	99		phrase is used for purposes of establishing an exemption to the
92	100		overtime provisions of the federal Fair Labor Standards Act of 1938
93	101		(29 U.S.C. Section 201 et seq.) if:
94	102		(1) the person is an officer, employee, or paid
95	103		consultant of a Texas trade association in the field of health care;
96	104		or
97	105		(2) the person's spouse is an officer, manager, or paid
98	106		consultant of a Texas trade association in the field of health care.
99	107		(c) A person may not be a member of the executive council or
100	108		act as the general counsel to the executive council if the person is
101	109		required to register as a lobbyist under Chapter 305, Government
102	110		Code, because of the person's activities for compensation on behalf
103	111		of a profession related to the operation of the executive council,
104	112		the marriage and family therapy board, the professional counseling
105	113		board, the psychology board, or the social work board.
106	114		Sec. 507.054. TERMS; VACANCY. (a) The member appointed by
107	115		the governor serves a six-year term. The remaining members serve
108	116		two-year terms with the terms of four of those members expiring
109	117		February 1 of each year.
110	118		(b) A member appointed to fill a vacancy holds office for
111	119		the unexpired portion of the term.
112	120		Sec. 507.055. PRESIDING OFFICER. The member appointed by
113	121		the governor is the presiding officer of the executive council.
114	122		Sec. 507.056. GROUNDS FOR REMOVAL. (a) It is a ground for
115	123		removal from the executive council that a member:
116	124		(1) does not have at the time of taking office the
117	125		qualifications required by Section 507.051;
118	126		(2) does not maintain during service on the executive
119	127		council the qualifications required by Section 507.051;
120	128		(3) is ineligible for membership under Section 507.052
121	129		or 507.053;
122	130		(4) cannot, because of illness or disability,
123	131		discharge the member's duties for a substantial part of the member's
124	132		term; or
125	133		(5) is absent from more than half of the regularly
126	134		scheduled executive council meetings that the member is eligible to
127	135		attend during a calendar year without an excuse approved by a
128	136		majority vote of the executive council.
129	137		(b) The validity of an action of the executive council is
130	138		not affected by the fact that it is taken when a ground for removal
131	139		of an executive council member exists.
132	140		(c) If the executive director has knowledge that a potential
133	141		ground for removal exists, the executive director shall notify the
134	142		presiding officer of the executive council of the potential ground.
135	143		The presiding officer shall then notify the appointing authority
136	144		and the attorney general that a potential ground for removal
137	145		exists. If the potential ground for removal involves the presiding
138	146		officer, the executive director shall notify the next highest
139	147		ranking officer of the executive council, who shall then notify the
140	148		appointing authority and the attorney general that a potential
141	149		ground for removal exists.
142	150		Sec. 507.057. REIMBURSEMENT. A member of the executive
143	151		council may receive reimbursement for travel expenses as provided
144	152		by the General Appropriations Act.
145	153		Sec. 507.058. MEETINGS. (a) The executive council shall
146	154		hold at least two regular meetings each year.
147	155		(b) The executive council may hold additional meetings on
148	156		the request of the presiding officer or on the written request of
149	157		three members of the executive council.
150	158		Sec. 507.059. TRAINING. (a) A person who is appointed to
151	159		and qualifies for office as a member of the executive council may
152	160		not vote, deliberate, or be counted as a member in attendance at a
153	161		meeting of the executive council until the person completes a
154	162		training program that complies with this section.
155	163		(b) The training program must provide the person with
156	164		information regarding:
157	165		(1) the law governing executive council operations;
158	166		(2) the programs, functions, rules, and budget of the
159	167		executive council;
160	168		(3) the scope of and limitations on the rulemaking
161	169		authority of the executive council;
162	170		(4) the types of executive council rules,
163	171		interpretations, and enforcement actions that may implicate
164	172		federal antitrust law by limiting competition or impacting prices
165	173		charged by persons engaged in a profession or business the
166	174		executive council regulates, including any rule, interpretation,
167	175		or enforcement action that:
168	176		(A) regulates the scope of practice of persons in
169	177		a profession or business the executive council regulates;
170	178		(B) restricts advertising by persons in a
171	179		profession or business the executive council regulates;
172	180		(C) affects the price of goods or services
173	181		provided by persons in a profession or business the executive
174	182		council regulates; or
175	183		(D) restricts participation in a profession or
176	184		business the executive council regulates;
177	185		(5) the results of the most recent formal audit of the
178	186		executive council;
179	187		(6) the requirements of:
180	188		(A) laws relating to open meetings, public
181	189		information, administrative procedure, and disclosure of conflicts
182	190		of interest; and
183	191		(B) other laws applicable to members of the
184	192		executive council in performing their duties; and
185	193		(7) any applicable ethics policies adopted by the
186	194		executive council or the Texas Ethics Commission.
187	195		(c) A person appointed to the executive council is entitled
188	196		to reimbursement, as provided by the General Appropriations Act,
189	197		for the travel expenses incurred in attending the training program
190	198		regardless of whether the attendance at the program occurs before
191	199		or after the person qualifies for office.
192	200		(d) The executive director of the executive council shall
193	201		create a training manual that includes the information required by
194	202		Subsection (b). The executive director shall distribute a copy of
195	203		the training manual annually to each executive council member.
196	204		Each member of the executive council shall sign and submit to the
197	205		executive director a statement acknowledging that the member
198	206		received and has reviewed the training manual.
199	207		SUBCHAPTER C. EXECUTIVE DIRECTOR AND OTHER PERSONNEL
200	208		Sec. 507.101. EXECUTIVE DIRECTOR; PERSONNEL. The executive
201	209		council shall employ an executive director and other personnel as
202	210		necessary to administer this chapter and carry out the functions of
203	211		the executive council.
204	212		Sec. 507.102. DIVISION OF RESPONSIBILITIES. The executive
205	213		council shall develop and implement policies that clearly separate
206	214		the policymaking responsibilities of the executive council and the
207	215		management responsibilities of the executive director and the staff
208	216		of the executive council.
209	217		Sec. 507.103. CAREER LADDER PROGRAM; PERFORMANCE
210	218		EVALUATIONS. (a) The executive director or the executive
211	219		director's designee shall develop an intra-agency career ladder
212	220		program. The program must require intra-agency posting of all
213	221		nonentry level positions concurrently with any public posting.
214	222		(b) The executive director or the executive director's
215	223		designee shall develop a system of annual performance evaluations
216	224		based on measurable job tasks. All merit pay for executive council
217	225		employees must be based on the system established under this
218	226		subsection.
219	227		Sec. 507.104. EQUAL OPPORTUNITY POLICY; REPORT. (a) The
220	228		executive director or the executive director's designee shall
221	229		prepare and maintain a written policy statement to ensure
222	230		implementation of an equal opportunity program under which all
223	231		personnel transactions are made without regard to race, color,
224	232		disability, sex, age, religion, or national origin. The policy
225	233		statement must include:
226	234		(1) personnel policies, including policies relating
227	235		to recruitment, evaluation, selection, appointment, training, and
228	236		promotion of personnel, that are in compliance with the
229	237		requirements of Chapter 21, Labor Code;
230	238		(2) a comprehensive analysis of the executive council
231	239		workforce that meets federal and state guidelines;
232	240		(3) procedures by which a determination can be made of
233	241		significant underuse in the executive council workforce of all
234	242		persons for whom federal or state guidelines encourage a more
235	243		equitable balance; and
236	244		(4) reasonable methods to appropriately address those
237	245		areas of significant underuse.
238	246		(b) A policy statement prepared under Subsection (a) must:
239	247		(1) cover an annual period;
240	248		(2) be updated annually;
241	249		(3) be reviewed by the Texas Workforce Commission for
242	250		compliance with Subsection (a)(1); and
243	251		(4) be filed with the governor.
244	252		(c) The governor shall deliver a biennial report to the
245	253		legislature based on information received under Subsection (b).
246	254		The report may be made separately or as part of other biennial
247	255		reports made to the legislature.
248	256		SUBCHAPTER D. POWERS AND DUTIES
249	257		Sec. 507.151. GENERAL POWERS AND DUTIES. (a) The executive
250	258		council shall administer and enforce this chapter and Chapters 501,
251	259		502, 503, and 505.
252	260		(b) In carrying out its duties under this section, the
253	261		executive council may request input or assistance from the board
254	262		for the applicable profession.
255	263		Sec. 507.152. GENERAL RULEMAKING AUTHORITY. The executive
256	264		council shall adopt rules as necessary to perform its duties and
257	265		implement this chapter.
258	266		Sec. 507.153. LIMITATION REGARDING CERTAIN RULES. (a)
259	267		Unless the rule has been proposed by the applicable board for the
260	268		profession, the executive council may not adopt under this chapter
261	269		or Chapter 501, 502, 503, or 505:
262	270		(1) a rule regarding:
263	271		(A) the qualifications necessary to obtain a
264	272		license, including limiting an applicant's eligibility for a
265	273		license based on the applicant's criminal history;
266	274		(B) the scope of practice of and standards of
267	275		care and ethical practice for the profession; or
268	276		(C) continuing education requirements for
269	277		license holders; or
270	278		(2) a schedule of sanctions for violations of the laws
271	279		and rules applicable to the profession.
272	280		(b) For each rule proposed under Subsection (a), the
273	281		executive council shall either adopt the rule as proposed or return
274	282		the rule to the applicable board for revision. On the return of a
275	283		rule under this subsection, the executive council shall include an
276	284		explanation of the executive council's reasons for not adopting the
277	285		rule as proposed.
278	286		(c) The executive council retains authority for final
279	287		adoption of all rules and is responsible for ensuring compliance
280	288		with all laws regarding the rulemaking process.
281	289		(d) The executive council shall adopt rules prescribing the
282	290		procedure by which rules described by Subsection (a) may be
283	291		proposed to the executive council.
284	292		Sec. 507.154. FEES. The executive council shall set fees in
285	293		amounts reasonable and necessary to cover the costs of
286	294		administering this chapter and Chapters 501, 502, 503, and 505,
287	295		including fees for:
288	296		(1) licenses issued by the executive council;
289	297		(2) license renewals and late renewals;
290	298		(3) examinations; and
291	299		(4) any other program or activity administered by the
292	300		executive council for which a fee is authorized.
293	301		Sec. 507.155. RULES RESTRICTING ADVERTISING OR COMPETITIVE
294	302		BIDDING. (a) The executive council may not adopt rules restricting
295	303		advertising or competitive bidding by a person regulated by the
296	304		executive council except to prohibit false, misleading, or
297	305		deceptive practices.
298	306		(b) The executive council may not include in rules to
299	307		prohibit false, misleading, or deceptive practices by a person
300	308		regulated by the executive council a rule that:
301	309		(1) restricts the person's use of any advertising
302	310		medium;
303	311		(2) restricts the person's personal appearance or use
304	312		of the person's voice in an advertisement;
305	313		(3) relates to the size or duration of an
306	314		advertisement by the person; or
307	315		(4) restricts the use of a trade name in advertising by
308	316		the person.
309	317		Sec. 507.156. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.
310	318		The executive council shall adopt rules and guidelines as necessary
311	319		to comply with Chapter 53.
312	320		Sec. 507.157. CONTINUING EDUCATION. The executive council
313	321		shall recognize, prepare, or administer continuing education
314	322		programs for license holders. A license holder must participate in
315	323		the programs to the extent required by the executive council to keep
316	324		the person's license.
317	325		Sec. 507.158. USE OF TECHNOLOGY. The executive council
318	326		shall implement a policy requiring the executive council to use
319	327		appropriate technological solutions to improve the executive
320	328		council's ability to perform its functions. The policy must ensure
321	329		that the public is able to interact with the executive council on
322	330		the Internet.
323	331		Sec. 507.159. NEGOTIATED RULEMAKING AND ALTERNATIVE
324	332		DISPUTE RESOLUTION POLICY. (a) The executive council shall
325	333		develop a policy to encourage the use of:
326	334		(1) negotiated rulemaking procedures under Chapter
327	335		2008, Government Code, for the adoption of executive council rules;
328	336		and
329	337		(2) appropriate alternative dispute resolution
330	338		procedures under Chapter 2009, Government Code, to assist in the
331	339		resolution of internal and external disputes under the executive
332	340		council's jurisdiction.
333	341		(b) The executive council's procedures relating to
334	342		alternative dispute resolution must conform, to the extent
335	343		possible, to any model guidelines issued by the State Office of
336	344		Administrative Hearings for the use of alternative dispute
337	345		resolution by state agencies.
338	346		(c) The executive council shall:
339	347		(1) coordinate the implementation of the policy
340	348		adopted under Subsection (a);
341	349		(2) provide training as needed to implement the
342	350		procedures for negotiated rulemaking and alternative dispute
343	351		resolution; and
344	352		(3) collect data concerning the effectiveness of those
345	353		procedures.
346	354		Sec. 507.160. ANNUAL REGISTRY. (a) The executive council
347	355		shall annually prepare a registry of all license holders.
348	356		(b) The executive council shall make the registry available
349	357		to the public, license holders, and other state agencies.
350		-	(c) The executive council may not include the home address
351		-	of a license holder in a registry the executive council publishes on
352		-	the executive council's Internet website unless the person requests
353		-	that the person's home address appear in the registry on the
354		-	website. A request under this subsection must be made in the manner
355		-	prescribed by the executive council.
356		-	(d) The home address of a license holder that is included in
357		-	a registry the executive council prepares under this section is
358		-	public information and is not excepted from required disclosure
359		-	under Chapter 552, Government Code.
360	358		SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
361	359		Sec. 507.201. PUBLIC INTEREST INFORMATION. (a) The
362	360		executive council shall prepare information of public interest
363	361		describing the functions of the executive council and the
364	362		procedures by which complaints are filed with and resolved by the
365	363		executive council.
366	364		(b) The executive council shall make the information
367	365		available to the public and appropriate state agencies.
368	366		Sec. 507.202. COMPLAINTS. (a) The executive council by
369	367		rule shall establish methods by which consumers and service
370	368		recipients are notified of the name, mailing address, and telephone
371	369		number of the executive council for the purpose of directing
372	370		complaints to the executive council. The executive council may
373	371		provide for that notice:
374	372		(1) on each registration form, application, or written
375	373		contract for services of a person regulated by the executive
376	374		council;
377	375		(2) on a sign prominently displayed in the place of
378	376		business of a person regulated by the executive council; or
379	377		(3) in a bill for services provided by a person
380	378		regulated by the executive council.
381	379		(b) The executive council shall list with its regular
382	380		telephone number any toll-free telephone number established under
383	381		other state law that may be called to present a complaint about a
384	382		person regulated by the executive council.
385	383		Sec. 507.203. INFORMATION ABOUT COMPLAINT ACTIONS. (a)
386	384		The executive council shall maintain a system to promptly and
387	385		efficiently act on complaints filed with the executive council.
388	386		The executive council shall maintain information about parties to
389	387		the complaint, the subject matter of the complaint, a summary of the
390	388		results of the review or investigation of the complaint, and its
391	389		disposition.
392	390		(b) The executive council shall make information available
393	391		describing its procedures for complaint investigation and
394	392		resolution.
395	393		(c) The executive council shall periodically notify the
396	394		parties to a complaint of the status of the complaint until final
397	395		disposition of the complaint.
398	396		Sec. 507.204. GENERAL RULES REGARDING COMPLAINT
399	397		INVESTIGATION. (a) The executive council shall adopt rules
400	398		concerning the investigation of a complaint filed with the
401	399		executive council. The rules adopted under this section must:
402	400		(1) distinguish between categories of complaints;
403	401		(2) ensure that a complaint is not dismissed without
404	402		appropriate consideration;
405	403		(3) require that the executive council be advised of a
406	404		complaint that is dismissed and that a letter be sent to the person
407	405		who filed the complaint explaining the action taken on the
408	406		complaint;
409	407		(4) ensure that the person who files a complaint has an
410	408		opportunity to explain the allegations made in the complaint; and
411	409		(5) prescribe guidelines concerning the categories of
412	410		complaints that require the use of a private investigator and
413	411		prescribe the procedures for the executive council to obtain the
414	412		services of a private investigator.
415	413		(b) The executive council shall:
416	414		(1) dispose of a complaint in a timely manner; and
417	415		(2) establish a schedule for conducting each phase of
418	416		the disposition of a complaint that is under the control of the
419	417		executive council not later than the 30th day after the date the
420	418		executive council receives the complaint.
421	419		(c) The executive council shall notify the parties to a
422	420		complaint of the projected time requirements for pursuing the
423	421		complaint.
424	422		(d) The executive council shall notify the parties to a
425	423		complaint of any change in the schedule not later than the seventh
426	424		day after the date the change is made.
427	425		(e) The executive director shall notify the executive
428	426		council of a complaint that is unresolved after the time prescribed
429	427		by the executive council for resolving the complaint so that the
430	428		executive council may take necessary action on the complaint.
431	429		(f) The executive council shall assign priorities and
432	430		investigate complaints based on:
433	431		(1) the severity of the conduct alleged in the
434	432		complaint; and
435	433		(2) the degree of harm to public health and safety.
436	434		Sec. 507.205. CONFIDENTIALITY OF COMPLAINT INFORMATION.
437	435		(a) Except as provided by Subsection (b), a complaint and
438	436		investigation and all information and materials compiled by the
439	437		executive council in connection with the complaint and
440	438		investigation are not subject to:
441	439		(1) disclosure under Chapter 552, Government Code; or
442	440		(2) disclosure, discovery, subpoena, or other means of
443	441		legal compulsion for release of information to any person.
444	442		(b) A complaint or investigation subject to Subsection (a)
445	443		and all information and materials compiled by the executive council
446	444		in connection with the complaint may be disclosed to:
447	445		(1) the executive council and executive council
448	446		employees or agents involved in license holder discipline;
449	447		(2) a party to a disciplinary action against the
450	448		license holder or that party's designated representative;
451	449		(3) the board for the applicable profession;
452	450		(4) a law enforcement agency;
453	451		(5) a governmental agency, if:
454	452		(A) the disclosure is required or permitted by
455	453		law; and
456	454		(B) the agency obtaining the disclosure protects
457	455		the identity of any patient whose records are examined; or
458	456		(6) a person engaged in bona fide research, if all
459	457		information identifying a specific individual has been deleted.
460	458		(c) Unless good cause for delay is shown to the presiding
461	459		officer at the hearing, the executive council shall provide the
462	460		license holder with access to all information that the executive
463	461		council intends to offer into evidence at the hearing not later than
464	462		the 30th day after the date the executive council receives a written
465	463		request from a license holder who is entitled to a hearing under
466	464		this chapter or from the license holder's attorney of record.
467	465		(d) The executive council shall protect the identity of any
468	466		patient whose records are examined in connection with a
469	467		disciplinary investigation or proceeding against a license holder,
470	468		except a patient who:
471	469		(1) initiates the disciplinary action; or
472	470		(2) has submitted a written consent to release the
473	471		records.
474	472		Sec. 507.206. SUBPOENAS. (a) In the investigation of a
475	473		complaint filed with the executive council, the executive director
476	474		or presiding officer of the executive council may issue a subpoena
477	475		to compel the attendance of a relevant witness or the production,
478	476		for inspection or copying, of relevant evidence that is in this
479	477		state.
480	478		(b) A subpoena may be served personally or by certified
481	479		mail.
482	480		(c) If a person fails to comply with a subpoena, the
483	481		executive council, acting through the attorney general, may file
484	482		suit to enforce the subpoena in a district court in Travis County or
485	483		in the county in which a hearing conducted by the executive council
486	484		may be held.
487	485		(d) On finding that good cause exists for issuing the
488	486		subpoena, the court shall order the person to comply with the
489	487		subpoena. The court may punish a person who fails to obey the court
490	488		order.
491	489		(e) The executive council shall pay a reasonable fee for
492	490		photocopies subpoenaed under this section in an amount not to
493	491		exceed the amount the executive council may charge for copies of its
494	492		records.
495	493		(f) The reimbursement of the expenses of a witness whose
496	494		attendance is compelled under this section is governed by Section
497	495		2001.103, Government Code.
498	496		(g) Information and materials subpoenaed or compiled by the
499	497		executive council in connection with the investigation of a
500	498		complaint may be disclosed only as provided by Section 507.205.
501	499		Sec. 507.207. PUBLIC PARTICIPATION. The executive council
502	500		shall develop and implement policies that provide the public with a
503	501		reasonable opportunity to appear before the executive council and
504	502		to speak on any issue under the jurisdiction of the executive
505	503		council.
506	504		SUBCHAPTER F. GENERAL LICENSING PROVISIONS
507	505		Sec. 507.251. CRIMINAL HISTORY RECORD INFORMATION FOR
508	506		LICENSE ISSUANCE. (a) The executive council shall require that an
509	507		applicant for a license submit a complete and legible set of
510	508		fingerprints, on a form prescribed by the executive council, to the
511	509		executive council or to the Department of Public Safety for the
512	510		purpose of obtaining criminal history record information from the
513	511		Department of Public Safety and the Federal Bureau of
514	512		Investigation.
515	513		(b) The executive council may not issue a license to a
516	514		person who does not comply with the requirement of Subsection (a).
517	515		(c) The executive council shall conduct a criminal history
518	516		record information check of each applicant for a license using
519	517		information:
520	518		(1) provided by the individual under this section; and
521	519		(2) made available to the executive council by the
522	520		Department of Public Safety, the Federal Bureau of Investigation,
523	521		and any other criminal justice agency under Chapter 411, Government
524	522		Code.
525	523		(d) The executive council may:
526	524		(1) enter into an agreement with the Department of
527	525		Public Safety to administer a criminal history record information
528	526		check required under this section; and
529	527		(2) authorize the Department of Public Safety to
530	528		collect from each applicant the costs incurred by the Department of
531	529		Public Safety in conducting the criminal history record information
532	530		check.
533	531		Sec. 507.252. EXAMINATION RESULTS. (a) The executive
534	532		council shall notify each examinee of the results of an examination
535	533		not later than the 30th day after the date the examination is
536	534		administered. If an examination is graded or reviewed by a national
537	535		testing service, the executive council shall notify each examinee
538	536		of the results of the examination not later than the 14th day after
539	537		the date the executive council receives the results from the
540	538		testing service.
541	539		(b) If the notice of examination results graded or reviewed
542	540		by a national testing service will be delayed for longer than 90
543	541		days after the examination date, the executive council shall notify
544	542		each examinee of the reason for the delay before the 90th day.
545	543		(c) If requested in writing by a person who fails an
546	544		examination, the executive council shall provide to the person an
547	545		analysis of the person's performance on the examination.
548	546		Sec. 507.253. REEXAMINATION. The executive council by rule
549	547		shall establish:
550	548		(1) a limit on the number of times an applicant for a
551	549		license who fails an examination may retake the examination; and
552	550		(2) the requirements for retaking an examination.
553	551		Sec. 507.254. FORM OF LICENSE. A license issued by the
554	552		executive council must include the name of the board applicable to
555	553		the license holder.
556	554		Sec. 507.255. LICENSE RENEWAL. (a) A person who is
557	555		otherwise eligible to renew a license may renew an unexpired
558	556		license by paying the required renewal fee to the executive council
559	557		before the expiration date of the license.
560	558		(b) If the person's license has been expired for 90 days or
561	559		less, the person may renew the license by paying to the executive
562	560		council a fee in an amount equal to one and one-half times the
563	561		required renewal fee.
564	562		(c) If the person's license has been expired for more than
565	563		90 days but less than one year, the person may renew the license by
566	564		paying to the executive council a fee in an amount equal to two
567	565		times the required renewal fee.
568	566		(d) If the person's license has been expired for one year or
569	567		more, the person may not renew the license. The person may obtain a
570	568		new license by submitting to reexamination and complying with the
571	569		requirements and procedures for obtaining an original license.
572	570		Sec. 507.256. RENEWAL OF EXPIRED LICENSE OF OUT-OF-STATE
573	571		PRACTITIONER. (a) The executive council may renew without
574	572		reexamination an expired license of a person who was licensed in
575	573		this state, moved to another state, and is currently licensed and
576	574		has been in practice in the other state for the two years preceding
577	575		the date the person applies for renewal.
578	576		(b) The person must pay to the executive council a fee in an
579	577		amount equal to two times the required renewal fee for the license.
580	578		Sec. 507.257. CRIMINAL HISTORY RECORD INFORMATION
581	579		REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a
582	580		license issued under this chapter shall submit a complete and
583	581		legible set of fingerprints for purposes of performing a criminal
584	582		history record information check of the applicant as provided by
585	583		Section 507.251.
586	584		(b) The executive council may administratively suspend or
587	585		refuse to renew the license of a person who does not comply with the
588	586		requirement of Subsection (a).
589	587		(c) A license holder is not required to submit fingerprints
590	588		under this section for the renewal of a license if the license
591	589		holder has previously submitted fingerprints under:
592	590		(1) Section 507.251 for the initial issuance of the
593	591		license; or
594	592		(2) this section as part of a prior license renewal.
595	593		Sec. 507.258. SEARCH OF NATIONAL PRACTITIONER DATABASE.
596	594		The executive council shall establish a process to search at least
597	595		one national practitioner database to determine whether another
598	596		state has taken any disciplinary or other legal action against an
599	597		applicant or license holder before issuing an initial or renewal
600	598		license.
601	599		Sec. 507.259. ASSISTANCE IN LICENSING DETERMINATIONS. The
602	600		executive council shall adopt rules establishing the manner in
603	601		which the executive council will solicit input from and request the
604	602		assistance of the applicable board for a profession regulated by
605	603		the executive council when the executive council is considering an
606	604		application for the issuance or renewal of a license that involves
607	605		an issue related to standards of care or an applicant's
608	606		professional qualifications.
609	607		SUBCHAPTER G. DISCIPLINARY ACTIONS AND PROCEDURES
610	608		Sec. 507.301. DISCIPLINARY ACTIONS. (a) The executive
611	609		council may deny, revoke, suspend, or refuse to renew a license or
612	610		may reprimand a license holder if the applicant or license holder
613	611		violates:
614	612		(1) this chapter;
615	613		(2) a law of this state regulating the license holder's
616	614		profession;
617	615		(3) an executive council rule; or
618	616		(4) a statute or rule of another state as determined
619	617		through a search conducted as provided by Section 507.258 if the
620	618		violation would constitute a violation described by Subdivision
621	619		(1), (2), or (3) had it occurred in this state.
622	620		(b) The executive council may place on probation a person
623	621		whose license is suspended. If a license suspension is probated,
624	622		the executive council may require the person to:
625	623		(1) report regularly to the executive council on
626	624		matters that are the basis of the probation;
627	625		(2) limit the person's practice to the areas
628	626		prescribed by the executive council; or
629	627		(3) continue or review continuing professional
630	628		education until the person attains a degree of skill satisfactory
631	629		to the executive council in those areas that are the basis for the
632	630		probation.
633	631		Sec. 507.302. TEMPORARY SUSPENSION. (a) The executive
634	632		council or a three-member committee of executive council members
635	633		designated by the executive council shall temporarily suspend the
636	634		license of a license holder if the executive council or committee
637	635		determines from the evidence or information presented to it that
638	636		continued practice by the license holder would constitute a
639	637		continuing and imminent threat to the public welfare.
640	638		(b) A license may be suspended under this section without
641	639		notice or hearing on the complaint if:
642	640		(1) action is taken to initiate proceedings for a
643	641		hearing before the State Office of Administrative Hearings
644	642		simultaneously with the temporary suspension; and
645	643		(2) a hearing is held as soon as practicable under this
646	644		chapter and Chapter 2001, Government Code.
647	645		(c) The State Office of Administrative Hearings shall hold a
648	646		preliminary hearing not later than the 14th day after the date of
649	647		the temporary suspension to determine if there is probable cause to
650	648		believe that a continuing and imminent threat to the public welfare
651	649		still exists. A final hearing on the matter shall be held not later
652	650		than the 61st day after the date of the temporary suspension.
653	651		Sec. 507.303. HEARING; ADMINISTRATIVE PROCEDURE. (a) A
654	652		license holder is entitled to a hearing before the State Office of
655	653		Administrative Hearings before a sanction is imposed under this
656	654		subchapter.
657	655		(b) A proceeding under this subchapter is governed by
658	656		Chapter 2001, Government Code.
659	657		Sec. 507.304. SCHEDULE OF SANCTIONS. (a) The executive
660	658		council by rule shall adopt a broad schedule of sanctions.
661	659		(b) The State Office of Administrative Hearings shall use
662	660		the schedule for any sanction imposed under this subchapter as the
663	661		result of a hearing conducted by that office.
664	662		Sec. 507.305. INFORMAL PROCEEDINGS. (a) The executive
665	663		council by rule shall adopt procedures governing:
666	664		(1) informal disposition of a contested case under
667	665		Section 2001.056, Government Code; and
668	666		(2) an informal proceeding held in compliance with
669	667		Section 2001.054, Government Code.
670	668		(b) Rules adopted under this section must:
671	669		(1) provide the complainant and the license holder
672	670		with an opportunity to be heard; and
673	671		(2) require the presence of a member of the executive
674	672		council's legal staff or an attorney employed by the attorney
675	673		general to advise the executive council or the executive council's
676	674		employees.
677	675		Sec. 507.306. ASSISTANCE IN DISCIPLINARY PROCEEDINGS. (a)
678	676		The executive council shall adopt rules establishing the manner in
679	677		which the executive council will solicit input from and request the
680	678		assistance of the applicable board for a profession regulated by
681	679		the executive council, regarding a disciplinary proceeding before
682	680		the executive council involving an issue or complaint related to
683	681		standards of care or ethical practice.
684	682		(b) Rules adopted under this section must include a process
685	683		for referring a complaint to the applicable board if the complaint
686	684		alleges:
687	685		(1) a substantive violation of a standard of care or
688	686		ethical guideline for the profession; or
689	687		(2) an act of a license holder that violates the
690	688		profession's scope of practice.
691	689		(c) On receiving a recommended disposition of a complaint
692	690		from the applicable board, the executive council shall adopt the
693	691		recommended disposition unless the executive council determines
694	692		that:
695	693		(1) the recommended disposition would:
696	694		(A) have an anti-competitive effect;
697	695		(B) result in an administrative inconsistency;
698	696		or
699	697		(C) raise concerns relating to good governance
700	698		practices; or
701	699		(2) any recommended disciplinary penalty would
702	700		deviate substantially from the schedule of sanctions for the
703	701		applicable profession.
704	702		SUBCHAPTER H. ADMINISTRATIVE PENALTY
705	703		Sec. 507.351. IMPOSITION OF ADMINISTRATIVE PENALTY. The
706	704		executive council may impose an administrative penalty on a person
707	705		licensed or regulated by the executive council if the person
708	706		violates this chapter, a law regulating the applicable profession,
709	707		or an executive council rule.
710	708		Sec. 507.352. AMOUNT OF PENALTY. (a) The amount of an
711	709		administrative penalty may not exceed $5,000 for each violation.
712	710		Each day a violation continues or occurs is a separate violation for
713	711		purposes of imposing a penalty.
714	712		(b) The amount of the penalty must be based on:
715	713		(1) the seriousness of the violation, including:
716	714		(A) the nature, circumstances, extent, and
717	715		gravity of any prohibited act; and
718	716		(B) the hazard or potential hazard created to the
719	717		health, safety, or economic welfare of the public;
720	718		(2) the economic harm to property or the environment
721	719		caused by the violation;
722	720		(3) the history of previous violations;
723	721		(4) the amount necessary to deter a future violation;
724	722		(5) efforts made to correct the violation; and
725	723		(6) any other matter that justice may require.
726	724		Sec. 507.353. NOTICE OF VIOLATION AND PENALTY. If the
727	725		executive council determines that a violation occurred, the
728	726		executive council shall give written notice of the violation to the
729	727		person alleged to have committed the violation. The notice may be
730	728		given by certified mail. The notice must:
731	729		(1) include a brief summary of the alleged violation;
732	730		(2) state the amount of the administrative penalty
733	731		recommended by the executive council; and
734	732		(3) inform the person of the person's right to a
735	733		hearing on the occurrence of the violation, the amount of the
736	734		penalty, or both.
737	735		Sec. 507.354. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
738	736		Not later than the 20th day after the date the person receives the
739	737		notice under Section 507.353, the person may in writing:
740	738		(1) accept the executive council's determination and
741	739		recommended administrative penalty; or
742	740		(2) request a hearing on the occurrence of the
743	741		violation, the amount of the penalty, or both.
744	742		(b) If the person accepts the executive council's
745	743		determination and recommended penalty, the executive council shall
746	744		issue an order and impose the recommended penalty.
747	745		Sec. 507.355. HEARING. (a) If the person requests a
748	746		hearing or fails to respond in a timely manner to the notice under
749	747		Section 507.353, the executive council shall set a hearing and give
750	748		written notice of the hearing to the person.
751	749		(b) An administrative law judge of the State Office of
752	750		Administrative Hearings shall hold the hearing.
753	751		(c) The administrative law judge shall make findings of fact
754	752		and conclusions of law and promptly issue to the executive council a
755	753		proposal for a decision as to the occurrence of the violation and
756	754		the amount of any proposed administrative penalty.
757	755		Sec. 507.356. DECISION BY EXECUTIVE COUNCIL. (a) Based on
758	756		the findings of fact, conclusions of law, and proposal for a
759	757		decision, the executive council by order may determine that:
760	758		(1) a violation occurred and impose an administrative
761	759		penalty; or
762	760		(2) a violation did not occur.
763	761		(b) The executive council shall give notice of the order to
764	762		the person. The notice must include a statement of the right of the
765	763		person to judicial review of the order.
766	764		Sec. 507.357. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
767	765		(a) Not later than the 30th day after the date the executive
768	766		council's order becomes final, the person shall:
769	767		(1) pay the administrative penalty; or
770	768		(2) file a petition for judicial review contesting the
771	769		occurrence of the violation, the amount of the penalty, or both.
772	770		(b) Within the 30-day period prescribed by Subsection (a), a
773	771		person who files a petition for judicial review may:
774	772		(1) stay enforcement of the penalty by:
775	773		(A) paying the penalty to the court for placement
776	774		in an escrow account; or
777	775		(B) giving to the court a supersedeas bond
778	776		approved by the court that is:
779	777		(i) for the amount of the penalty; and
780	778		(ii) effective until judicial review of the
781	779		executive council's order is final; or
782	780		(2) request the court to stay enforcement of the
783	781		penalty by:
784	782		(A) filing with the court a sworn affidavit of
785	783		the person stating that the person is financially unable to pay the
786	784		penalty and is financially unable to give the supersedeas bond; and
787	785		(B) giving a copy of the affidavit to the
788	786		executive council by certified mail.
789	787		(c) If the executive council receives a copy of an affidavit
790	788		under Subsection (b)(2), the executive council may file with the
791	789		court a contest to the affidavit not later than the fifth day after
792	790		the date the copy is received.
793	791		(d) The court shall hold a hearing on the facts alleged in
794	792		the affidavit as soon as practicable and shall stay the enforcement
795	793		of the penalty on finding that the alleged facts are true. The
796	794		person who files the affidavit has the burden of proving that the
797	795		person is financially unable to pay the penalty or to give a
798	796		supersedeas bond.
799	797		Sec. 507.358. COLLECTION OF PENALTY. If the person does not
800	798		pay the administrative penalty and enforcement of the penalty is
801	799		not stayed, the executive council may refer the matter to the
802	800		attorney general for collection of the penalty.
803	801		Sec. 507.359. DETERMINATION BY COURT. (a) If the court
804	802		sustains the determination that a violation has occurred, the court
805	803		may uphold or reduce the amount of the administrative penalty and
806	804		order the person to pay the full or reduced amount of the penalty.
807	805		(b) If the court does not sustain the determination that a
808	806		violation occurred, the court shall order that a penalty is not
809	807		owed.
810	808		Sec. 507.360. REMITTANCE OF PENALTY AND INTEREST. (a) If,
811	809		after judicial review, the administrative penalty is reduced or not
812	810		imposed by the court, the court shall, after the judgment becomes
813	811		final:
814	812		(1) order that the appropriate amount, plus accrued
815	813		interest, be remitted to the person if the person paid the penalty;
816	814		or
817	815		(2) order the release of the bond:
818	816		(A) if the person gave a supersedeas bond and the
819	817		penalty is not imposed; or
820	818		(B) after the person pays the penalty if the
821	819		person gave a supersedeas bond and the penalty is reduced.
822	820		(b) The interest paid under Subsection (a)(1) is the rate
823	821		charged on loans to depository institutions by the New York Federal
824	822		Reserve Bank. The interest shall be paid for the period beginning
825	823		on the date the penalty is paid and ending on the date the penalty is
826	824		remitted.
827	825		Sec. 507.361. ADMINISTRATIVE PROCEDURE. A proceeding under
828	826		this subchapter is subject to Chapter 2001, Government Code.
829	827		SUBCHAPTER I. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
830	828		Sec. 507.401. INJUNCTION. (a) In addition to any other
831	829		action authorized by law, the executive council may institute an
832	830		action to enjoin a violation of this chapter, a law regulating the
833	831		applicable profession, or an executive council rule.
834	832		(b) An action filed under this section must be filed in
835	833		Travis County, the county of the defendant's residence, or the
836	834		county in which any part of the violation occurred.
837	835		(c) The attorney general or the appropriate county or
838	836		district attorney shall represent the executive council in an
839	837		action under this section.
840	838		Sec. 507.402. CIVIL PENALTY. (a) A person who violates
841	839		this chapter, a law regulating the applicable profession, or an
842	840		executive council rule is liable to the state for a civil penalty
843	841		not to exceed $1,000 for each day of violation.
844	842		(b) At the request of the executive council, the attorney
845	843		general shall bring an action to recover a civil penalty authorized
846	844		under this section.
847	845		Sec. 507.403. CEASE AND DESIST ORDER. (a) If it appears to
848	846		the executive council that an unlicensed person is violating this
849	847		chapter, a law regulating the applicable profession, or an
850	848		executive council rule, the executive council, after notice and
851	849		opportunity for a hearing, may issue a cease and desist order
852	850		prohibiting the person from engaging in the activity.
853	851		(b) A violation of an order under this section constitutes
854	852		grounds for imposing an administrative penalty under Subchapter H.
855	853		Sec. 507.404. MONITORING OF LICENSE HOLDER. The executive
856	854		council by rule shall develop a system to monitor a license holder's
857	855		compliance with applicable laws and executive council rules. Rules
858	856		adopted under this section must include procedures to:
859	857		(1) monitor for compliance a license holder who is
860	858		ordered by the executive council to perform certain acts; and
861	859		(2) identify and monitor each license holder who
862	860		represents a risk to the public.
863	861		ARTICLE 2. TRANSFER OF LICENSING PROGRAMS TO TEXAS BEHAVIORAL
864	862		HEALTH EXECUTIVE COUNCIL
865	863		SECTION 2.001. Section 501.002, Occupations Code, is
866	864		amended by adding Subdivision (1-a) to read as follows:
867	865		(1-a) "Executive council" means the Texas Behavioral
868	866		Health Executive Council.
869	867		SECTION 2.002. The heading to Section 501.053, Occupations
870	868		Code, is amended to read as follows:
871	869		Sec. 501.053. MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
872	870		SECTION 2.003. Sections 501.053(b) and (c), Occupations
873	871		Code, are amended to read as follows:
874	872		(b) A person may not be a member of the board [and may not be
875	873		a board employee employed in a "bona fide executive,
876	874		administrative, or professional capacity," as that phrase is used
877	875		for purposes of establishing an exemption to the overtime
878	876		provisions of the federal Fair Labor Standards Act of 1938 (29
879	877		U.S.C. Section 201 et seq.)] if:
880	878		(1) the person is an officer, employee, or paid
881	879		consultant of a Texas trade association in the field of health
882	880		services; or
883	881		(2) the person's spouse is an officer, manager, or paid
884	882		consultant of a Texas trade association in the field of mental
885	883		health.
886	884		(c) A person may not be a member of the board [or act as the
887	885		general counsel to the board] if the person is required to register
888	886		as a lobbyist under Chapter 305, Government Code, because of the
889	887		person's activities for compensation on behalf of a profession
890	888		related to the operation of the board.
891	889		SECTION 2.004. Section 501.055(c), Occupations Code, is
892	890		amended to read as follows:
893	891		(c) If the executive director of the executive council has
894	892		knowledge that a potential ground for removal exists, the executive
895	893		director shall notify the presiding officer of the board of the
896	894		potential ground. The presiding officer shall then notify the
897	895		governor and the attorney general that a potential ground for
898	896		removal exists. If the potential ground for removal involves the
899	897		presiding officer, the executive director shall notify the next
900	898		highest ranking officer of the board, who shall then notify the
901	899		governor and the attorney general that a potential ground for
902	900		removal exists.
903	901		SECTION 2.005. Section 501.059, Occupations Code, is
904	902		amended by amending Subsection (b) and adding Subsection (d) to
905	903		read as follows:
906	904		(b) The training program must provide the person with
907	905		information regarding:
908	906		(1) the law governing board operations;
909	907		(2) [this chapter and] the programs, functions, rules,
910	908		and budget of the board;
911	909		(3) the scope of and limitations on the rulemaking
912	910		authority of the board;
913	911		(4) the types of board rules, interpretations, and
914	912		enforcement actions that may implicate federal antitrust law by
915	913		limiting competition or impacting prices charged by persons engaged
916	914		in a profession or business the board regulates, including any
917	915		rule, interpretation, or enforcement action that:
918	916		(A) regulates the scope of practice of persons in
919	917		a profession or business the board regulates;
920	918		(B) restricts advertising by persons in a
921	919		profession or business the board regulates;
922	920		(C) affects the price of goods or services
923	921		provided by persons in a profession or business the board
924	922		regulates; or
925	923		(D) restricts participation in a profession or
926	924		business the board regulates;
927	925		(5) [(2)] the results of the most recent formal audit
928	926		of the board;
929	927		(6) [(3)] the requirements of:
930	928		(A) laws relating to open meetings, public
931	929		information, administrative procedure, and disclosure of conflicts
932	930		of interest; and
933	931		(B) other laws applicable to members of the board
934	932		in performing their duties; and
935	933		(7) [(4)] any applicable ethics policies adopted by
936	934		the board or the Texas Ethics Commission.
937	935		(d) The executive director of the executive council shall
938	936		create a training manual that includes the information required by
939	937		Subsection (b). The executive director shall distribute a copy of
940	938		the training manual annually to each board member. Each member of
941	939		the board shall sign and submit to the executive director a
942	940		statement acknowledging that the member received and has reviewed
943	941		the training manual.
944	942		SECTION 2.006. The heading to Subchapter D, Chapter 501,
945	943		Occupations Code, is amended to read as follows:
946	944		SUBCHAPTER D. [BOARD] POWERS AND DUTIES
947	945		SECTION 2.007. The heading to Section 501.151, Occupations
948	946		Code, is amended to read as follows:
949	947		Sec. 501.151. GENERAL POWERS AND DUTIES OF EXECUTIVE
950	948		COUNCIL.
951	949		SECTION 2.008. Sections 501.151(c) and (d), Occupations
952	950		Code, are amended to read as follows:
953	951		(c) The executive council [board] shall adopt and publish a
954	952		code of ethics under this chapter.
955	953		(d) The executive council [board] may certify the specialty
956	954		of health service providers under this chapter.
957	955		SECTION 2.009. Subchapter D, Chapter 501, Occupations Code,
958	956		is amended by adding Section 501.1515 to read as follows:
959	957		Sec. 501.1515. BOARD DUTIES. The board shall propose to the
960	958		executive council:
961	959		(1) rules regarding:
962	960		(A) the qualifications necessary to obtain a
963	961		license, including rules limiting an applicant's eligibility for a
964	962		license based on the applicant's criminal history;
965	963		(B) the scope of practice of and standards of
966	964		care and ethical practice for psychology; and
967	965		(C) continuing education requirements for
968	966		license holders; and
969	967		(2) a schedule of sanctions for violations of this
970	968		chapter or rules adopted under this chapter.
971	969		SECTION 2.010. Section 501.155, Occupations Code, is
972	970		amended to read as follows:
973	971		Sec. 501.155. VOLUNTARY GUIDELINES. (a) The executive
974	972		council [board] may cooperate with an agency that is not subject to
975	973		this chapter to formulate voluntary guidelines to be observed in
976	974		the training, activities, and supervision of persons who perform
977	975		psychological services.
978	976		(b) Except as provided by Subsection (a), the executive
979	977		council [board] may not adopt a rule that relates to the
980	978		administration of an agency that is not subject to this chapter.
981	979		SECTION 2.011. Section 501.158, Occupations Code, is
982	980		amended to read as follows:
983	981		Sec. 501.158. COMPETENCY REQUIREMENTS. (a) This section
984	982		applies to a person who is:
985	983		(1) applying to take the [provisional] license
986	984		examination;
987	985		(2) applying for a license or license renewal;
988	986		(3) currently licensed under this chapter [by the
989	987		board]; or
990	988		(4) otherwise providing psychological services under
991	989		a license approved by the executive council under this chapter
992	990		[board].
993	991		(b) On a determination by the executive council [board]
994	992		based on the executive council's [board's] reasonable belief that a
995	993		person is not physically and mentally competent to provide
996	994		psychological services with reasonable skill and safety to patients
997	995		or has a physical or mental disease or condition that would impair
998	996		the person's competency to provide psychological services, the
999	997		executive council [board] may request the person to submit to:
1000	998		(1) a physical examination by a physician approved by
1001	999		the executive council [board]; or
1002	1000		(2) a mental examination by a physician or
1003	1001		psychologist approved by the executive council [board].
1004	1002		(c) The executive council [board] shall issue an order
1005	1003		requiring a [an applicant or] person [seeking renewal of a
1006	1004		provisional license] who refuses to submit to an examination under
1007	1005		this section to show cause for the person's refusal at a hearing on
1008	1006		the order scheduled for not later than the 30th day after the date
1009	1007		notice is served on the person. The executive council [board] shall
1010	1008		provide notice under this section by personal service or by
1011	1009		registered mail, return receipt requested.
1012	1010		(d) At the hearing, the person may appear in person and by
1013	1011		counsel and present evidence to justify the person's refusal to
1014	1012		submit to examination. After the hearing, the executive council
1015	1013		[board] shall issue an order requiring the person to submit to
1016	1014		examination under this section or withdrawing the request for the
1017	1015		examination.
1018	1016		(e) Unless the request is withdrawn, the executive council
1019	1017		may take disciplinary action against a person who refuses to submit
1020	1018		to the physical or mental examination [may not take the provisional
1021	1019		license examination or renew the person's license, as appropriate].
1022	1020		(f) An appeal from the executive council's [board's] order
1023	1021		under this section is governed by Chapter 2001, Government Code.
1024	1022		SECTION 2.012. Section 501.252(a), Occupations Code, is
1025	1023		amended to read as follows:
1026	1024		(a) To be licensed under this chapter, a person must apply
1027	1025		to the executive council [board] for a license. The executive
1028	1026		council [board] shall issue a license to an applicant who:
1029	1027		(1) is qualified for the license under Section
1030	1028		501.2525 [complies with this section]; and
1031	1029		(2) pays the fee set by the executive council [board].
1032	1030		SECTION 2.013. Section 501.255, Occupations Code, is
1033	1031		redesignated as Section 501.2525, Occupations Code, and amended to
1034	1032		read as follows:
1035	1033		Sec. 501.2525 [501.255]. [PROVISIONAL] LICENSE
1036	1034		[EXAMINATION] QUALIFICATIONS. (a) An applicant is qualified [may
1037	1035		take an examination] for a [provisional] license under this chapter
1038	1036		if the applicant:
1039	1037		(1) has received:
1040	1038		(A) a doctoral degree in psychology from a
1041	1039		regionally accredited educational institution conferred on or
1042	1040		after January 1, 1979; or
1043	1041		(B) a doctoral degree in psychology, or the
1044	1042		substantial equivalent of a doctoral degree in psychology in both
1045	1043		subject matter and extent of training, from a regionally accredited
1046	1044		educational institution conferred before January 1, 1979;
1047	1045		(2) except as provided by Subsection (c) and Section
1048	1046		501.253, has:
1049	1047		(A) at least two years of supervised experience
1050	1048		in the field of psychological services, one year of which may be as
1051	1049		part of the doctoral program and at least one year of which began
1052	1050		after the date the person's doctoral degree was conferred by an
1053	1051		institution of higher education; and
1054	1052		(B) passed any examination required by Section
1055	1053		501.256;
1056	1054		(3) has attained the age of majority;
1057	1055		[(3) has good moral character;]
1058	1056		(4) is physically and mentally competent to provide
1059	1057		psychological services with reasonable skill and safety, as
1060	1058		determined by the executive council [board];
1061	1059		(5) is not afflicted with a mental or physical disease
1062	1060		or condition that would impair the applicant's competency to
1063	1061		provide psychological services;
1064	1062		(6) has not been convicted of a crime involving moral
1065	1063		turpitude or a felony;
1066	1064		(7) does not use drugs or alcohol to an extent that
1067	1065		affects the applicant's professional competency;
1068	1066		(8) has not engaged in fraud or deceit in making the
1069	1067		application; and
1070	1068		(9) except as provided by Section 501.263, has not:
1071	1069		(A) aided or abetted the practice of psychology
1072	1070		by a person not licensed under this chapter in representing that the
1073	1071		person is licensed under this chapter;
1074	1072		(B) represented that the applicant is licensed
1075	1073		under this chapter to practice psychology when the applicant is not
1076	1074		licensed; or
1077	1075		(C) practiced psychology in this state without a
1078	1076		license under this chapter or without being exempt under this
1079	1077		chapter.
1080	1078		(b) In determining under Subsection (a)(1)(B) whether a
1081	1079		degree is substantially equivalent to a doctoral degree in
1082	1080		psychology, the executive council [board] shall consider whether,
1083	1081		at the time the degree was conferred, the doctoral program met the
1084	1082		prevailing standards for training in the area of psychology,
1085	1083		including standards for training in clinical, school, and
1086	1084		industrial counseling.
1087	1085		(c) Subsection (a)(2)(A) does not apply to an applicant who:
1088	1086		(1) is licensed in good standing in another state to
1089	1087		independently practice psychology; and
1090	1088		(2) has independently practiced psychology in that
1091	1089		state for at least five years.
1092	1090		(d) For purposes of Subsection (a)(2)(A), experience is
1093	1091		supervised only if the experience is supervised by a psychologist
1094	1092		in the manner provided by the executive council's supervision
1095	1093		guidelines. To determine the acceptability of an applicant's
1096	1094		experience, the executive council may require documentary evidence
1097	1095		of the quality, scope, and nature of the applicant's experience.
1098	1096		The executive council may count toward the supervised experience an
1099	1097		applicant is required to obtain after the applicant's degree is
1100	1098		conferred any hours of supervised experience the applicant
1101	1099		completed as part of a degree program accredited by the American
1102	1100		Psychological Association, the Canadian Psychological Association,
1103	1101		or a substantially equivalent degree program.
1104	1102		SECTION 2.014. Section 501.253, Occupations Code, is
1105	1103		amended to read as follows:
1106	1104		Sec. 501.253. PROVISIONAL STATUS FOR CERTAIN APPLICANTS
1107	1105		[LICENSE]. (a) The executive council may [board shall] issue a
1108	1106		[provisional] license with a provisional status to an applicant who
1109	1107		has not satisfied the experience or examination requirements of
1110	1108		Section 501.2525(a)(2) but is otherwise qualified for the license
1111	1109		under Section 501.2525 [:
1112	1110		[(1) passed the examinations prescribed by the board;
1113	1111		[(2) satisfied the preliminary requirements of
1114	1112		Sections 501.254 and 501.255; and
1115	1113		[(3) paid the fee for a provisional license].
1116	1114		(b) A [provisional] license holder described by Subsection
1117	1115		(a) is entitled to practice psychology under the supervision of a
1118	1116		psychologist to meet the requirements for issuance of a license
1119	1117		under Section 501.2525, except that if the [501.252. A
1120	1118		provisional] license holder [who] is licensed in another state to
1121	1119		independently practice psychology and is in good standing in that
1122	1120		state, the license holder [and who seeks a license in this state] is
1123	1121		entitled to practice psychology without the supervision of a
1124	1122		psychologist [during the time that the board is processing the
1125	1123		person's application for a license].
1126	1124		(c) The executive council [board] shall adopt rules that
1127	1125		apply to a [provisional] license holder described by Subsection (a)
1128	1126		[holders] identifying:
1129	1127		(1) the activities that the license holder [holders]
1130	1128		may engage in; and
1131	1129		(2) services that may be provided by the license
1132	1130		holder [holders].
1133	1131		(d) The executive council [board] may refuse to renew a [the
1134	1132		provisional] license issued under Subsection (a) if the license
1135	1133		holder [of a person who] does not meet the requirements prescribed
1136	1134		by Section 501.2525(a)(2) [501.255].
1137	1135		(e) The executive council [board] may not restrict the
1138	1136		issuance of a license [or provisional license] to an applicant who
1139	1137		is licensed in another state to independently practice psychology
1140	1138		and is in good standing in that state based on the number of years
1141	1139		the applicant has been licensed in good standing in that state.
1142	1140		[(f) If an applicant who is licensed in another state to
1143	1141		independently practice psychology and is in good standing in that
1144	1142		state presents credentials from a national accreditation
1145	1143		organization to the board and the board determines that the
1146	1144		requirements for obtaining those credentials from that
1147	1145		organization are sufficient to protect the public, the board may
1148	1146		issue a provisional license to the applicant. An applicant who
1149	1147		obtains a provisional license under this subsection must have
1150	1148		passed the examination described by Section 501.256(b)(2).]
1151	1149		SECTION 2.015. Section 501.256, Occupations Code, is
1152	1150		amended by amending Subsections (a), (b), (c), and (d) and adding
1153	1151		Subsection (b-1) to read as follows:
1154	1152		(a) The executive council [board] shall administer to
1155	1153		qualified applicants at least annually any [the oral and] written
1156	1154		examination required by executive council [board] rules. An [The
1157	1155		board shall have the written portion of the] examination must be[,
1158	1156		if any,] validated by an independent testing professional.
1159	1157		(b) The board shall determine the subject and scope of each
1160	1158		examination [the examinations and establish appropriate fees for
1161	1159		examinations administered]. The examination must test the
1162	1160		applicant's knowledge of:
1163	1161		(1) the discipline and profession of psychology; and
1164	1162		(2) the laws and rules governing the profession of
1165	1163		psychology in this state.
1166	1164		(b-1) The executive council shall establish appropriate
1167	1165		fees for examinations administered under this chapter.
1168	1166		(c) The executive council [board] may waive the discipline
1169	1167		and professional segment of the examination requirement for an
1170	1168		applicant who:
1171	1169		(1) is a specialist of the American Board of
1172	1170		Professional Psychology; or
1173	1171		(2) in the executive council's [board's] judgment, has
1174	1172		demonstrated competence in the areas covered by the examination.
1175	1173		(d) The contents of the examination described by Subsection
1176	1174		(b)(2) are the jurisprudence examination. The executive council
1177	1175		[board] shall administer and each applicant must pass the
1178	1176		jurisprudence examination before the executive council [board] may
1179	1177		issue a [provisional] license.
1180	1178		SECTION 2.016. Section 501.259, Occupations Code, is
1181	1179		amended to read as follows:
1182	1180		Sec. 501.259. LICENSING OF PSYCHOLOGICAL ASSOCIATE. (a)
1183	1181		The executive council [board] shall set standards for the issuance
1184	1182		of licenses to psychological personnel who hold a master's degree
1185	1183		from an accredited university or college in a program that is
1186	1184		primarily psychological in nature.
1187	1185		(b) The executive council [board] shall designate a person
1188	1186		who holds a license authorized by this section by a title that
1189	1187		includes the adjective "psychological" followed by a noun such as
1190	1188		"associate," "assistant," "examiner," or "technician."
1191	1189		SECTION 2.017. Sections 501.260(a) and (b), Occupations
1192	1190		Code, are amended to read as follows:
1193	1191		(a) The executive council [board] by rule shall issue a
1194	1192		license to a licensed specialist in school psychology. A license
1195	1193		issued under this section constitutes the appropriate credential
1196	1194		for a person who provides psychological services as required by
1197	1195		Section 21.003(b), Education Code.
1198	1196		(b) The executive council [board] shall set the standards to
1199	1197		qualify for a license under this section. The standards must
1200	1198		include:
1201	1199		(1) satisfaction of minimum recognized graduate
1202	1200		degree requirements;
1203	1201		(2) completion of graduate course work at a regionally
1204	1202		accredited institution of higher education in:
1205	1203		(A) psychological foundations;
1206	1204		(B) educational foundations;
1207	1205		(C) interventions;
1208	1206		(D) assessments; and
1209	1207		(E) professional issues and ethics;
1210	1208		(3) completion of at least 1,200 hours of supervised
1211	1209		experience;
1212	1210		(4) receipt of a passing score on a nationally
1213	1211		recognized qualifying examination determined to be appropriate by
1214	1212		the executive council [board] and on any other examination required
1215	1213		by the executive council [board]; and
1216	1214		(5) satisfaction of the requirements under Sections
1217	1215		501.2525(a)(3)-(9)[, other than the degree requirements, for an
1218	1216		applicant to take an examination for a provisional license].
1219	1217		SECTION 2.018. Section 501.262, Occupations Code, is
1220	1218		amended to read as follows:
1221	1219		Sec. 501.262. RECIPROCAL LICENSE. The executive council
1222	1220		[board] may enter into and implement agreements with other
1223	1221		jurisdictions for the issuance of a license by reciprocity if the
1224	1222		other jurisdiction's requirements for licensing, certification, or
1225	1223		registration are substantially equal to the requirements of this
1226	1224		chapter.
1227	1225		SECTION 2.019. Sections 501.263(a), (b), (c), and (e),
1228	1226		Occupations Code, are amended to read as follows:
1229	1227		(a) The executive council [board] may issue a temporary
1230	1228		license to an applicant seeking to practice in this state for a
1231	1229		limited time and limited purpose if the applicant:
1232	1230		(1) pays the required application fee;
1233	1231		(2) submits an application to the executive council
1234	1232		[board] in the form prescribed by the executive council [board];
1235	1233		(3) is licensed, certified, or registered as a
1236	1234		psychologist or psychological associate by another state having
1237	1235		requirements substantially equal to those prescribed by this
1238	1236		chapter;
1239	1237		(4) is in good standing with the regulatory agency of
1240	1238		the jurisdiction in which the person is licensed, certified, or
1241	1239		registered;
1242	1240		(5) is supervised by a person licensed [by the board]
1243	1241		under this chapter with whom the temporary license holder may
1244	1242		consult during the time the person holds a temporary license; and
1245	1243		(6) has passed an examination recognized by the
1246	1244		executive council [board] as equivalent to the examination required
1247	1245		[by the board] for a permanent license under this chapter.
1248	1246		(b) A temporary license is valid only for the period
1249	1247		specified by the executive council [board] and for the limited
1250	1248		purpose approved by the executive council [board].
1251	1249		(c) The executive council [board] may adopt rules to issue a
1252	1250		temporary license to a person who holds a license or the equivalent
1253	1251		from another country.
1254	1252		(e) A person holding a temporary license issued under this
1255	1253		chapter shall display a sign indicating that the license is
1256	1254		temporary. The sign must be approved by the executive council
1257	1255		[board] and displayed in every room in which the person provides
1258	1256		psychological services.
1259	1257		SECTION 2.020. Section 501.264(a), Occupations Code, is
1260	1258		amended to read as follows:
1261	1259		(a) A psychologist may place the psychologist's license on
1262	1260		inactive status by applying to the executive council [board] and
1263	1261		paying a fee established by the executive council [board].
1264	1262		SECTION 2.021. Section 501.301, Occupations Code, is
1265	1263		amended to read as follows:
1266	1264		Sec. 501.301. LICENSE EXPIRATION AND RENEWAL. (a) The
1267	1265		executive council shall adopt rules providing for the expiration
1268	1266		and renewal of a [A] license issued under this chapter. The rules
1269	1267		must require a license be renewed annually or biennially [expires
1270	1268		on December 31 of the year following the date the license is issued
1271	1269		or renewed. A license of a psychological associate expires on May
1272	1270		31 of the year following the date the license is issued or renewed].
1273	1271		(b) The executive council [board] by rule may adopt a system
1274	1272		under which licenses expire on various dates during the year. For a
1275	1273		year in which the expiration date is changed, the executive council
1276	1274		[board] shall prorate the licensing fee so that each license holder
1277	1275		pays only the portion of the fee that is allocable to the number of
1278	1276		months during which the license is valid. On renewal of the license
1279	1277		on the new expiration date, the entire licensing fee is payable.
1280	1278		SECTION 2.022. Sections 501.351(a) and (c), Occupations
1281	1279		Code, are amended to read as follows:
1282	1280		(a) A psychologist licensed under this chapter may delegate
1283	1281		to a [provisionally licensed] psychologist who holds a license
1284	1282		described by Section 501.253, a newly licensed psychologist who is
1285	1283		not eligible for managed care panels, a person who holds a temporary
1286	1284		license issued under Section 501.263, or a person enrolled in a
1287	1285		formal internship as provided by executive council [board] rules [,
1288	1286		and a person who satisfies Section 501.255(a) and is in the process
1289	1287		of acquiring the supervised experience required by Section
1290	1288		501.252(b)(2)] any psychological test or service that a reasonable
1291	1289		and prudent psychologist could delegate within the scope of sound
1292	1290		psychological judgment if the psychologist determines that:
1293	1291		(1) the test or service can be properly and safely
1294	1292		performed by the person;
1295	1293		(2) the person does not represent to the public that
1296	1294		the person is authorized to practice psychology; and
1297	1295		(3) the test or service will be performed in the
1298	1296		customary manner and in compliance with any other law.
1299	1297		(c) The executive council [board] may determine whether:
1300	1298		(1) a psychological test or service may be properly
1301	1299		and safely delegated under this section; and
1302	1300		(2) a delegated act constitutes the practice of
1303	1301		psychology under this chapter.
1304	1302		SECTION 2.023. Section 501.401, Occupations Code, is
1305	1303		amended to read as follows:
1306	1304		Sec. 501.401. GROUNDS FOR DISCIPLINARY ACTION. The
1307	1305		executive council [board] shall take disciplinary action under
1308	1306		Subchapter G, Chapter 507, against [revoke or suspend a holder's
1309	1307		license, place on probation a person whose license has been
1310	1308		suspended, or reprimand] a license holder who:
1311	1309		(1) violates this chapter or a rule adopted under this
1312	1310		chapter [by the board];
1313	1311		(2) is convicted of a felony or of any offense that
1314	1312		would be a felony under the laws of this state, or of a violation of
1315	1313		a law involving moral turpitude;
1316	1314		(3) uses drugs or alcohol to an extent that affects the
1317	1315		person's professional competency;
1318	1316		(4) engages in fraud or deceit in connection with
1319	1317		services provided as a psychologist;
1320	1318		(5) except as provided by Section 501.263:
1321	1319		(A) aids or abets the practice of psychology by a
1322	1320		person not licensed under this chapter in representing that the
1323	1321		person is licensed under this chapter;
1324	1322		(B) represents that the person is licensed under
1325	1323		this chapter to practice psychology when the person is not
1326	1324		licensed; or
1327	1325		(C) practices psychology in this state without a
1328	1326		license under this chapter or without being qualified for an
1329	1327		exemption under Section 501.004; or
1330	1328		(6) commits an act for which liability exists under
1331	1329		Chapter 81, Civil Practice and Remedies Code.
1332	1330		SECTION 2.024. Section 501.407, Occupations Code, is
1333	1331		amended to read as follows:
1334	1332		Sec. 501.407. REMEDIAL CONTINUING EDUCATION. The executive
1335	1333		council [board] may require a license holder who violates this
1336	1334		chapter to participate in a continuing education program. The
1337	1335		executive council [board] shall specify the continuing education
1338	1336		program that the person may attend and the number of hours that the
1339	1337		person must complete to fulfill the requirements of this section.
1340	1338		SECTION 2.025. Section 501.408, Occupations Code, is
1341	1339		amended to read as follows:
1342	1340		Sec. 501.408. CORRECTIVE ADVERTISING. The executive
1343	1341		council [board] may order corrective advertising if a psychologist,
1344	1342		individually or under an assumed name, engages in false,
1345	1343		misleading, or deceptive advertising.
1346	1344		SECTION 2.026. Subchapter I, Chapter 501, Occupations Code,
1347	1345		is amended by adding Section 501.411 to read as follows:
1348	1346		Sec. 501.411. REMEDIAL PLAN. (a) The executive council may
1349	1347		issue and establish the terms of a remedial plan to resolve the
1350	1348		investigation of a complaint filed under this chapter.
1351	1349		(b) The executive council by rule shall establish the types
1352	1350		of complaints or violations that may be resolved with a remedial
1353	1351		plan. The rules must provide that a remedial plan may not be
1354	1352		imposed to resolve a complaint:
1355	1353		(1) involving conduct that poses a significant risk of
1356	1354		harm to a patient; or
1357	1355		(2) in which the appropriate resolution may involve
1358	1356		revoking, suspending, limiting, or restricting a person's license.
1359	1357		(c) A remedial plan may not contain a provision that:
1360	1358		(1) revokes, suspends, limits, or restricts a person's
1361	1359		license; or
1362	1360		(2) assesses an administrative penalty against a
1363	1361		person.
1364	1362		(d) The executive council may not issue a remedial plan to
1365	1363		resolve a complaint against a license holder if the license holder
1366	1364		has previously entered into a remedial plan with the executive
1367	1365		council for the resolution of a different complaint filed under
1368	1366		this chapter.
1369	1367		(e) The executive council may assess a fee against a license
1370	1368		holder participating in a remedial plan in an amount necessary to
1371	1369		recover the costs of administering the plan.
1372	1370		SECTION 2.027. Section 501.505, Occupations Code, is
1373	1371		amended to read as follows:
1374	1372		Sec. 501.505. OPTION TO ORDER REFUND. (a) Under an
1375	1373		agreement resulting from an informal settlement conference, the
1376	1374		executive council [board] may order a license holder to refund to
1377	1375		the person who paid for the psychological services at issue an
1378	1376		amount not to exceed the amount the person paid to the license
1379	1377		holder for a service regulated by this chapter instead of or in
1380	1378		addition to imposing an administrative penalty under Subchapter H,
1381	1379		Chapter 507 [this chapter].
1382	1380		(b) The executive council [board] may not include an
1383	1381		estimation of other damages or harm in a refund order.
1384	1382		SECTION 2.028. Chapter 501, Occupations Code, is amended by
1385	1383		adding Subchapter L to read as follows:
1386	1384		SUBCHAPTER L. PSYCHOLOGY INTERJURISDICTIONAL COMPACT
1387	1385		Sec. 501.601. PSYCHOLOGY INTERJURISDICTIONAL COMPACT. The
1388	1386		Psychology Interjurisdictional Compact is enacted and entered into
1389	1387		as follows:
1390	1388		PSYCHOLOGY INTERJURISDICTIONAL COMPACT
1391	1389		ARTICLE I. PURPOSE
1392	1390		Whereas, states license psychologists, in order to protect the
1393	1391		public through verification of education, training and experience
1394	1392		and ensure accountability for professional practice; and
1395	1393		Whereas, this Compact is intended to regulate the day to day
1396	1394		practice of telepsychology (i.e. the provision of psychological
1397	1395		services using telecommunication technologies) by psychologists
1398	1396		across state boundaries in the performance of their psychological
1399	1397		practice as assigned by an appropriate authority; and
1400	1398		Whereas, this Compact is intended to regulate the temporary
1401	1399		in-person, face-to-face practice of psychology by psychologists
1402	1400		across state boundaries for 30 days within a calendar year in the
1403	1401		performance of their psychological practice as assigned by an
1404	1402		appropriate authority;
1405	1403		Whereas, this Compact is intended to authorize State Psychology
1406	1404		Regulatory Authorities to afford legal recognition, in a manner
1407	1405		consistent with the terms of the Compact, to psychologists licensed
1408	1406		in another state;
1409	1407		Whereas, this Compact recognizes that states have a vested interest
1410	1408		in protecting the public's health and safety through their
1411	1409		licensing and regulation of psychologists and that such state
1412	1410		regulation will best protect public health and safety;
1413	1411		Whereas, this Compact does not apply when a psychologist is
1414	1412		licensed in both the Home and Receiving States; and
1415	1413		Whereas, this Compact does not apply to permanent in-person,
1416	1414		face-to-face practice, it does allow for authorization of temporary
1417	1415		psychological practice.
1418	1416		Consistent with these principles, this Compact is designed to
1419	1417		achieve the following purposes and objectives:
1420	1418		1. Increase public access to professional psychological
1421	1419		services by allowing for telepsychological practice
1422	1420		across state lines as well as temporary in-person,
1423	1421		face-to-face services into a state which the psychologist
1424	1422		is not licensed to practice psychology;
1425	1423		2. Enhance the states' ability to protect the public's health
1426	1424		and safety, especially client/patient safety;
1427	1425		3. Encourage the cooperation of Compact States in the areas of
1428	1426		psychology licensure and regulation;
1429	1427		4. Facilitate the exchange of information between Compact
1430	1428		States regarding psychologist licensure, adverse actions
1431	1429		and disciplinary history;
1432	1430		5. Promote compliance with the laws governing psychological
1433	1431		practice in each Compact State; and
1434	1432		6. Invest all Compact States with the authority to hold
1435	1433		licensed psychologists accountable through the mutual
1436	1434		recognition of Compact State licenses.
1437	1435		ARTICLE II. DEFINITIONS
1438	1436		A. "Adverse Action" means: Any action taken by a State Psychology
1439	1437		Regulatory Authority which finds a violation of a statute or
1440	1438		regulation that is identified by the State Psychology
1441	1439		Regulatory Authority as discipline and is a matter of public
1442	1440		record.
1443	1441		B. "Association of State and Provincial Psychology Boards
1444	1442		(ASPPB)" means: the recognized membership organization
1445	1443		composed of State and Provincial Psychology Regulatory
1446	1444		Authorities responsible for the licensure and registration of
1447	1445		psychologists throughout the United States and Canada.
1448	1446		C. "Authority to Practice Interjurisdictional Telepsychology"
1449	1447		means: a licensed psychologist's authority to practice
1450	1448		telepsychology, within the limits authorized under this
1451	1449		Compact, in another Compact State.
1452	1450		D. "Bylaws" means: those Bylaws established by the Psychology
1453	1451		Interjurisdictional Compact Commission pursuant to Section X
1454	1452		for its governance, or for directing and controlling its
1455	1453		actions and conduct.
1456	1454		E. "Client/Patient" means: the recipient of psychological
1457	1455		services, whether psychological services are delivered in the
1458	1456		context of healthcare, corporate, supervision, and/or
1459	1457		consulting services.
1460	1458		F. "Commissioner" means: the voting representative appointed by
1461	1459		each State Psychology Regulatory Authority pursuant to Section
1462	1460		X.
1463	1461		G. "Compact State" means: a state, the District of Columbia, or
1464	1462		United States territory that has enacted this Compact
1465	1463		legislation and which has not withdrawn pursuant to Article
1466	1464		XIII, Section C or been terminated pursuant to Article XII,
1467	1465		Section B.
1468	1466		H. "Coordinated Licensure Information System" also referred to as
1469	1467		"Coordinated Database" means: an integrated process for
1470	1468		collecting, storing, and sharing information on psychologists'
1471	1469		licensure and enforcement activities related to psychology
1472	1470		licensure laws, which is administered by the recognized
1473	1471		membership organization composed of State and Provincial
1474	1472		Psychology Regulatory Authorities.
1475	1473		I. "Confidentiality" means: the principle that data or
1476	1474		information is not made available or disclosed to unauthorized
1477	1475		persons and/or processes.
1478	1476		J. "Day" means: any part of a day in which psychological work is
1479	1477		performed.
1480	1478		K. "Distant State" means: the Compact State where a psychologist
1481	1479		is physically present (not through the use of
1482	1480		telecommunications technologies), to provide temporary
1483	1481		in-person, face-to-face psychological services.
1484	1482		L. "E.Passport" means: a certificate issued by the Association of
1485	1483		State and Provincial Psychology Boards (ASPPB) that promotes
1486	1484		the standardization in the criteria of interjurisdictional
1487	1485		telepsychology practice and facilitates the process for
1488	1486		licensed psychologists to provide telepsychological services
1489	1487		across state lines.
1490	1488		M. "Executive Board" means: a group of directors elected or
1491	1489		appointed to act on behalf of, and within the powers granted to
1492	1490		them by, the Commission.
1493	1491		N. "Home State" means: a Compact State where a psychologist is
1494	1492		licensed to practice psychology. If the psychologist is
1495	1493		licensed in more than one Compact State and is practicing under
1496	1494		the Authorization to Practice Interjurisdictional
1497	1495		Telepsychology, the Home State is the Compact State where the
1498	1496		psychologist is physically present when the telepsychological
1499	1497		services are delivered. If the psychologist is licensed in more
1500	1498		than one Compact State and is practicing under the Temporary
1501	1499		Authorization to Practice, the Home State is any Compact State
1502	1500		where the psychologist is licensed.
1503	1501		O. "Identity History Summary" means: a summary of information
1504	1502		retained by the FBI, or other designee with similar authority,
1505	1503		in connection with arrests and, in some instances, federal
1506	1504		employment, naturalization, or military service.
1507	1505		P. "In-Person, Face-to-Face" means: interactions in which the
1508	1506		psychologist and the client/patient are in the same physical
1509	1507		space and which does not include interactions that may occur
1510	1508		through the use of telecommunication technologies.
1511	1509		Q. "Interjurisdictional Practice Certificate (IPC)" means: a
1512	1510		certificate issued by the Association of State and Provincial
1513	1511		Psychology Boards (ASPPB) that grants temporary authority to
1514	1512		practice based on notification to the State Psychology
1515	1513		Regulatory Authority of intention to practice temporarily, and
1516	1514		verification of one's qualifications for such practice.
1517	1515		R. "License" means: authorization by a State Psychology
1518	1516		Regulatory Authority to engage in the independent practice of
1519	1517		psychology, which would be unlawful without the authorization.
1520	1518		S. "Non-Compact State" means: any State which is not at the time a
1521	1519		Compact State.
1522	1520		T. "Psychologist" means: an individual licensed for the
1523	1521		independent practice of psychology.
1524	1522		U. "Psychology Interjurisdictional Compact Commission" also
1525	1523		referred to as "Commission" means: the national administration
1526	1524		of which all Compact States are members.
1527	1525		V. "Receiving State" means: a Compact State where the
1528	1526		client/patient is physically located when the
1529	1527		telepsychological services are delivered.
1530	1528		W. "Rule" means: a written statement by the Psychology
1531	1529		Interjurisdictional Compact Commission promulgated pursuant
1532	1530		to Section XI of the Compact that is of general applicability,
1533	1531		implements, interprets, or prescribes a policy or provision of
1534	1532		the Compact, or an organizational, procedural, or practice
1535	1533		requirement of the Commission and has the force and effect of
1536	1534		statutory law in a Compact State, and includes the amendment,
1537	1535		repeal or suspension of an existing rule.
1538	1536		X. "Significant Investigatory Information" means:
1539	1537		1. investigative information that a State Psychology
1540	1538		Regulatory Authority, after a preliminary inquiry that
1541	1539		includes notification and an opportunity to respond if
1542	1540		required by state law, has reason to believe, if proven
1543	1541		true, would indicate more than a violation of state
1544	1542		statute or ethics code that would be considered more
1545	1543		substantial than minor infraction; or
1546	1544		2. investigative information that indicates that the
1547	1545		psychologist represents an immediate threat to public
1548	1546		health and safety regardless of whether the psychologist
1549	1547		has been notified and/or had an opportunity to respond.
1550	1548		Y. "State" means: a state, commonwealth, territory, or possession
1551	1549		of the United States, the District of Columbia.
1552	1550		Z. "State Psychology Regulatory Authority" means: the Board,
1553	1551		office or other agency with the legislative mandate to license
1554	1552		and regulate the practice of psychology.
1555	1553		AA. "Telepsychology" means: the provision of psychological
1556	1554		services using telecommunication technologies.
1557	1555		BB. "Temporary Authorization to Practice" means: a licensed
1558	1556		psychologist's authority to conduct temporary in-person,
1559	1557		face-to-face practice, within the limits authorized under this
1560	1558		Compact, in another Compact State.
1561	1559		CC. "Temporary In-Person, Face-to-Face Practice" means: where a
1562	1560		psychologist is physically present (not through the use of
1563	1561		telecommunications technologies), in the Distant State to
1564	1562		provide for the practice of psychology for 30 days within a
1565	1563		calendar year and based on notification to the Distant State.
1566	1564		ARTICLE III. HOME STATE LICENSURE
1567	1565		A. The Home State shall be a Compact State where a psychologist is
1568	1566		licensed to practice psychology.
1569	1567		B. A psychologist may hold one or more Compact State licenses at a
1570	1568		time. If the psychologist is licensed in more than one Compact
1571	1569		State, the Home State is the Compact State where the
1572	1570		psychologist is physically present when the services are
1573	1571		delivered as authorized by the Authority to Practice
1574	1572		Interjurisdictional Telepsychology under the terms of this
1575	1573		Compact.
1576	1574		C. Any Compact State may require a psychologist not previously
1577	1575		licensed in a Compact State to obtain and retain a license to be
1578	1576		authorized to practice in the Compact State under
1579	1577		circumstances not authorized by the Authority to Practice
1580	1578		Interjurisdictional Telepsychology under the terms of this
1581	1579		Compact.
1582	1580		D. Any Compact State may require a psychologist to obtain and
1583	1581		retain a license to be authorized to practice in a Compact
1584	1582		State under circumstances not authorized by Temporary
1585	1583		Authorization to Practice under the terms of this Compact.
1586	1584		E. A Home State's license authorizes a psychologist to practice in
1587	1585		a Receiving State under the Authority to Practice
1588	1586		Interjurisdictional Telepsychology only if the Compact State:
1589	1587		1. Currently requires the psychologist to hold an active
1590	1588		E.Passport;
1591	1589		2. Has a mechanism in place for receiving and investigating
1592	1590		complaints about licensed individuals;
1593	1591		3. Notifies the Commission, in compliance with the terms
1594	1592		herein, of any adverse action or significant investigatory
1595	1593		information regarding a licensed individual;
1596	1594		4. Requires an Identity History Summary of all applicants at
1597	1595		initial licensure, including the use of the results of
1598	1596		fingerprints or other biometric data checks compliant with
1599	1597		the requirements of the Federal Bureau of Investigation
1600	1598		FBI, or other designee with similar authority, no later
1601	1599		than ten years after activation of the Compact; and
1602	1600		5. Complies with the Bylaws and Rules of the Commission.
1603	1601		F. A Home State's license grants Temporary Authorization to
1604	1602		Practice to a psychologist in a Distant State only if the
1605	1603		Compact State:
1606	1604		1. Currently requires the psychologist to hold an active IPC;
1607	1605		2. Has a mechanism in place for receiving and investigating
1608	1606		complaints about licensed individuals;
1609	1607		3. Notifies the Commission, in compliance with the terms
1610	1608		herein, of any adverse action or significant investigatory
1611	1609		information regarding a licensed individual;
1612	1610		4. Requires an Identity History Summary of all applicants at
1613	1611		initial licensure, including the use of the results of
1614	1612		fingerprints or other biometric data checks compliant with
1615	1613		the requirements of the Federal Bureau of Investigation
1616	1614		FBI, or other designee with similar authority, no later
1617	1615		than ten years after activation of the Compact; and
1618	1616		5. Complies with the Bylaws and Rules of the Commission.
1619	1617		ARTICLE IV. COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY
1620	1618		A. Compact States shall recognize the right of a psychologist,
1621	1619		licensed in a Compact State in conformance with Article III, to
1622	1620		practice telepsychology in other Compact States (Receiving
1623	1621		States) in which the psychologist is not licensed, under the
1624	1622		Authority to Practice Interjurisdictional Telepsychology as
1625	1623		provided in the Compact.
1626	1624		B. To exercise the Authority to Practice Interjurisdictional
1627	1625		Telepsychology under the terms and provisions of this Compact,
1628	1626		a psychologist licensed to practice in a Compact State must:
1629	1627		1. Hold a graduate degree in psychology from an institute of
1630	1628		higher education that was, at the time the degree was
1631	1629		awarded:
1632	1630		a. Regionally accredited by an accrediting body
1633	1631		recognized by the U.S. Department of Education to
1634	1632		grant graduate degrees, OR authorized by Provincial
1635	1633		Statute or Royal Charter to grant doctoral degrees; OR
1636	1634		b. A foreign college or university deemed to be
1637	1635		equivalent to 1 (a) above by a foreign credential
1638	1636		evaluation service that is a member of the National
1639	1637		Association of Credential Evaluation Services (NACES)
1640	1638		or by a recognized foreign credential evaluation
1641	1639		service; AND
1642	1640		2. Hold a graduate degree in psychology that meets the
1643	1641		following criteria:
1644	1642		a. The program, wherever it may be administratively
1645	1643		housed, must be clearly identified and labeled as a
1646	1644		psychology program. Such a program must specify in
1647	1645		pertinent institutional catalogues and brochures its
1648	1646		intent to educate and train professional
1649	1647		psychologists;
1650	1648		b. The psychology program must stand as a recognizable,
1651	1649		coherent, organizational entity within the
1652	1650		institution;
1653	1651		c. There must be a clear authority and primary
1654	1652		responsibility for the core and specialty areas
1655	1653		whether or not the program cuts across administrative
1656	1654		lines;
1657	1655		d. The program must consist of an integrated, organized
1658	1656		sequence of study;
1659	1657		e. There must be an identifiable psychology faculty
1660	1658		sufficient in size and breadth to carry out its
1661	1659		responsibilities;
1662	1660		f. The designated director of the program must be a
1663	1661		psychologist and a member of the core faculty;
1664	1662		g. The program must have an identifiable body of students
1665	1663		who are matriculated in that program for a degree;
1666	1664		h. The program must include supervised practicum,
1667	1665		internship, or field training appropriate to the
1668	1666		practice of psychology;
1669	1667		i. The curriculum shall encompass a minimum of three
1670	1668		academic years of full-time graduate study for
1671	1669		doctoral degree and a minimum of one academic year of
1672	1670		full-time graduate study for master's degree;
1673	1671		j. The program includes an acceptable residency as
1674	1672		defined by the Rules of the Commission.
1675	1673		3. Possess a current, full and unrestricted license to
1676	1674		practice psychology in a Home State which is a Compact
1677	1675		State;
1678	1676		4. Have no history of adverse action that violate the Rules of
1679	1677		the Commission;
1680	1678		5. Have no criminal record history reported on an Identity
1681	1679		History Summary that violates the Rules of the Commission;
1682	1680		6. Possess a current, active E.Passport;
1683	1681		7. Provide attestations in regard to areas of intended
1684	1682		practice, conformity with standards of practice,
1685	1683		competence in telepsychology technology; criminal
1686	1684		background; and knowledge and adherence to legal
1687	1685		requirements in the home and receiving states, and provide
1688	1686		a release of information to allow for primary source
1689	1687		verification in a manner specified by the Commission; and
1690	1688		8. Meet other criteria as defined by the Rules of the
1691	1689		Commission.
1692	1690		C. The Home State maintains authority over the license of any
1693	1691		psychologist practicing into a Receiving State under the
1694	1692		Authority to Practice Interjurisdictional Telepsychology.
1695	1693		D. A psychologist practicing into a Receiving State under the
1696	1694		Authority to Practice Interjurisdictional Telepsychology will
1697	1695		be subject to the Receiving State's scope of practice. A
1698	1696		Receiving State may, in accordance with that state's due
1699	1697		process law, limit or revoke a psychologist's Authority to
1700	1698		Practice Interjurisdictional Telepsychology in the Receiving
1701	1699		State and may take any other necessary actions under the
1702	1700		Receiving State's applicable law to protect the health and
1703	1701		safety of the Receiving State's citizens. If a Receiving State
1704	1702		takes action, the state shall promptly notify the Home State
1705	1703		and the Commission.
1706	1704		E. If a psychologist's license in any Home State, another Compact
1707	1705		State, or any Authority to Practice Interjurisdictional
1708	1706		Telepsychology in any Receiving State, is restricted,
1709	1707		suspended or otherwise limited, the E.Passport shall be
1710	1708		revoked and therefore the psychologist shall not be eligible to
1711	1709		practice telepsychology in a Compact State under the Authority
1712	1710		to Practice Interjurisdictional Telepsychology.
1713	1711		ARTICLE V. COMPACT TEMPORARY AUTHORIZATION TO PRACTICE
1714	1712		A. Compact States shall also recognize the right of a
1715	1713		psychologist, licensed in a Compact State in conformance with
1716	1714		Article III, to practice temporarily in other Compact States
1717	1715		(Distant States) in which the psychologist is not licensed, as
1718	1716		provided in the Compact.
1719	1717		B. To exercise the Temporary Authorization to Practice under the
1720	1718		terms and provisions of this Compact, a psychologist licensed
1721	1719		to practice in a Compact State must:
1722	1720		1. Hold a graduate degree in psychology from an institute of
1723	1721		higher education that was, at the time the degree was
1724	1722		awarded:
1725	1723		a. Regionally accredited by an accrediting body
1726	1724		recognized by the U.S. Department of Education to
1727	1725		grant graduate degrees, OR authorized by Provincial
1728	1726		Statute or Royal Charter to grant doctoral degrees; OR
1729	1727		b. A foreign college or university deemed to be
1730	1728		equivalent to 1 (a) above by a foreign credential
1731	1729		evaluation service that is a member of the National
1732	1730		Association of Credential Evaluation Services (NACES)
1733	1731		or by a recognized foreign credential evaluation
1734	1732		service; AND
1735	1733		2. Hold a graduate degree in psychology that meets the
1736	1734		following criteria:
1737	1735		a. The program, wherever it may be administratively
1738	1736		housed, must be clearly identified and labeled as a
1739	1737		psychology program. Such a program must specify in
1740	1738		pertinent institutional catalogues and brochures its
1741	1739		intent to educate and train professional
1742	1740		psychologists;
1743	1741		b. The psychology program must stand as a recognizable,
1744	1742		coherent, organizational entity within the
1745	1743		institution;
1746	1744		c. There must be a clear authority and primary
1747	1745		responsibility for the core and specialty areas
1748	1746		whether or not the program cuts across administrative
1749	1747		lines;
1750	1748		d. The program must consist of an integrated, organized
1751	1749		sequence of study;
1752	1750		e. There must be an identifiable psychology faculty
1753	1751		sufficient in size and breadth to carry out its
1754	1752		responsibilities;
1755	1753		f. The designated director of the program must be a
1756	1754		psychologist and a member of the core faculty;
1757	1755		g. The program must have an identifiable body of students
1758	1756		who are matriculated in that program for a degree;
1759	1757		h. The program must include supervised practicum,
1760	1758		internship, or field training appropriate to the
1761	1759		practice of psychology;
1762	1760		i. The curriculum shall encompass a minimum of three
1763	1761		academic years of full-time graduate study for
1764	1762		doctoral degrees and a minimum of one academic year of
1765	1763		full-time graduate study for master's degree;
1766	1764		j. The program includes an acceptable residency as
1767	1765		defined by the Rules of the Commission.
1768	1766		3. Possess a current, full and unrestricted license to
1769	1767		practice psychology in a Home State which is a Compact
1770	1768		State;
1771	1769		4. No history of adverse action that violate the Rules of the
1772	1770		Commission;
1773	1771		5. No criminal record history that violates the Rules of the
1774	1772		Commission;
1775	1773		6. Possess a current, active IPC;
1776	1774		7. Provide attestations in regard to areas of intended
1777	1775		practice and work experience and provide a release of
1778	1776		information to allow for primary source verification in a
1779	1777		manner specified by the Commission; and
1780	1778		8. Meet other criteria as defined by the Rules of the
1781	1779		Commission.
1782	1780		C. A psychologist practicing into a Distant State under the
1783	1781		Temporary Authorization to Practice shall practice within the
1784	1782		scope of practice authorized by the Distant State.
1785	1783		D. A psychologist practicing into a Distant State under the
1786	1784		Temporary Authorization to Practice will be subject to the
1787	1785		Distant State's authority and law. A Distant State may, in
1788	1786		accordance with that state's due process law, limit or revoke a
1789	1787		psychologist's Temporary Authorization to Practice in the
1790	1788		Distant State and may take any other necessary actions under
1791	1789		the Distant State's applicable law to protect the health and
1792	1790		safety of the Distant State's citizens. If a Distant State
1793	1791		takes action, the state shall promptly notify the Home State
1794	1792		and the Commission.
1795	1793		E. If a psychologist's license in any Home State, another Compact
1796	1794		State, or any Temporary Authorization to Practice in any
1797	1795		Distant State, is restricted, suspended or otherwise limited,
1798	1796		the IPC shall be revoked and therefore the psychologist shall
1799	1797		not be eligible to practice in a Compact State under the
1800	1798		Temporary Authorization to Practice.
1801	1799		ARTICLE VI. CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING
1802	1800		STATE
1803	1801		A. A psychologist may practice in a Receiving State under the
1804	1802		Authority to Practice Interjurisdictional Telepsychology only
1805	1803		in the performance of the scope of practice for psychology as
1806	1804		assigned by an appropriate State Psychology Regulatory
1807	1805		Authority, as defined in the Rules of the Commission, and under
1808	1806		the following circumstances:
1809	1807		1. The psychologist initiates a client/patient contact in a
1810	1808		Home State via telecommunications technologies with a
1811	1809		client/patient in a Receiving State;
1812	1810		2. Other conditions regarding telepsychology as determined by
1813	1811		Rules promulgated by the Commission.
1814	1812		ARTICLE VII. ADVERSE ACTIONS
1815	1813		A. A Home State shall have the power to impose adverse action
1816	1814		against a psychologist's license issued by the Home State. A
1817	1815		Distant State shall have the power to take adverse action on a
1818	1816		psychologist's Temporary Authorization to Practice within that
1819	1817		Distant State.
1820	1818		B. A Receiving State may take adverse action on a psychologist's
1821	1819		Authority to Practice Interjurisdictional Telepsychology
1822	1820		within that Receiving State. A Home State may take adverse
1823	1821		action against a psychologist based on an adverse action taken
1824	1822		by a Distant State regarding temporary in-person, face-to-face
1825	1823		practice.
1826	1824		C. If a Home State takes adverse action against a psychologist's
1827	1825		license, that psychologist's Authority to Practice
1828	1826		Interjurisdictional Telepsychology is terminated and the
1829	1827		E.Passport is revoked. Furthermore, that psychologist's
1830	1828		Temporary Authorization to Practice is terminated and the IPC
1831	1829		is revoked.
1832	1830		1. All Home State disciplinary orders which impose adverse
1833	1831		action shall be reported to the Commission in accordance
1834	1832		with the Rules promulgated by the Commission. A Compact
1835	1833		State shall report adverse actions in accordance with the
1836	1834		Rules of the Commission.
1837	1835		2. In the event discipline is reported on a psychologist, the
1838	1836		psychologist will not be eligible for telepsychology or
1839	1837		temporary in-person, face-to-face practice in accordance
1840	1838		with the Rules of the Commission.
1841	1839		3. Other actions may be imposed as determined by the Rules
1842	1840		promulgated by the Commission.
1843	1841		D. A Home State's Psychology Regulatory Authority shall
1844	1842		investigate and take appropriate action with respect to
1845	1843		reported inappropriate conduct engaged in by a licensee which
1846	1844		occurred in a Receiving State as it would if such conduct had
1847	1845		occurred by a licensee within the Home State. In such cases,
1848	1846		the Home State's law shall control in determining any adverse
1849	1847		action against a psychologist's license.
1850	1848		E. A Distant State's Psychology Regulatory Authority shall
1851	1849		investigate and take appropriate action with respect to
1852	1850		reported inappropriate conduct engaged in by a psychologist
1853	1851		practicing under Temporary Authorization Practice which
1854	1852		occurred in that Distant State as it would if such conduct had
1855	1853		occurred by a licensee within the Home State. In such cases,
1856	1854		Distant State's law shall control in determining any adverse
1857	1855		action against a psychologist's Temporary Authorization to
1858	1856		Practice.
1859	1857		F. Nothing in this Compact shall override a Compact State's
1860	1858		decision that a psychologist's participation in an alternative
1861	1859		program may be used in lieu of adverse action and that such
1862	1860		participation shall remain non-public if required by the
1863	1861		Compact State's law. Compact States must require psychologists
1864	1862		who enter any alternative programs to not provide
1865	1863		telepsychology services under the Authority to Practice
1866	1864		Interjurisdictional Telepsychology or provide temporary
1867	1865		psychological services under the Temporary Authorization to
1868	1866		Practice in any other Compact State during the term of the
1869	1867		alternative program.
1870	1868		G. No other judicial or administrative remedies shall be available
1871	1869		to a psychologist in the event a Compact State imposes an
1872	1870		adverse action pursuant to subsection C, above.
1873	1871		ARTICLE VIII. ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S
1874	1872		PSYCHOLOGY REGULATORY AUTHORITY
1875	1873		A. In addition to any other powers granted under state law, a
1876	1874		Compact State's Psychology Regulatory Authority shall have the
1877	1875		authority under this Compact to:
1878	1876		1. Issue subpoenas, for both hearings and investigations,
1879	1877		which require the attendance and testimony of witnesses
1880	1878		and the production of evidence. Subpoenas issued by a
1881	1879		Compact State's Psychology Regulatory Authority for the
1882	1880		attendance and testimony of witnesses, and/or the
1883	1881		production of evidence from another Compact State shall be
1884	1882		enforced in the latter state by any court of competent
1885	1883		jurisdiction, according to that court's practice and
1886	1884		procedure in considering subpoenas issued in its own
1887	1885		proceedings. The issuing State Psychology Regulatory
1888	1886		Authority shall pay any witness fees, travel expenses,
1889	1887		mileage and other fees required by the service statutes of
1890	1888		the state where the witnesses and/or evidence are located;
1891	1889		and
1892	1890		2. Issue cease and desist and/or injunctive relief orders to
1893	1891		revoke a psychologist's Authority to Practice
1894	1892		Interjurisdictional Telepsychology and/or Temporary
1895	1893		Authorization to Practice.
1896	1894		3. During the course of any investigation, a psychologist may
1897	1895		not change his/her Home State licensure. A Home State
1898	1896		Psychology Regulatory Authority is authorized to complete
1899	1897		any pending investigations of a psychologist and to take
1900	1898		any actions appropriate under its law. The Home State
1901	1899		Psychology Regulatory Authority shall promptly report the
1902	1900		conclusions of such investigations to the Commission. Once
1903	1901		an investigation has been completed, and pending the
1904	1902		outcome of said investigation, the psychologist may change
1905	1903		his/her Home State licensure. The Commission shall
1906	1904		promptly notify the new Home State of any such decisions as
1907	1905		provided in the Rules of the Commission. All information
1908	1906		provided to the Commission or distributed by Compact
1909	1907		States pursuant to the psychologist shall be confidential,
1910	1908		filed under seal and used for investigatory or
1911	1909		disciplinary matters. The Commission may create
1912	1910		additional rules for mandated or discretionary sharing of
1913	1911		information by Compact States.
1914	1912		ARTICLE IX. COORDINATED LICENSURE INFORMATION SYSTEM
1915	1913		A. The Commission shall provide for the development and
1916	1914		maintenance of a Coordinated Licensure Information System
1917	1915		(Coordinated Database) and reporting system containing
1918	1916		licensure and disciplinary action information on all
1919	1917		psychologists individuals to whom this Compact is applicable
1920	1918		in all Compact States as defined by the Rules of the
1921	1919		Commission.
1922	1920		B. Notwithstanding any other provision of state law to the
1923	1921		contrary, a Compact State shall submit a uniform data set to
1924	1922		the Coordinated Database on all licensees as required by the
1925	1923		Rules of the Commission, including:
1926	1924		1. Identifying information;
1927	1925		2. Licensure data;
1928	1926		3. Significant investigatory information;
1929	1927		4. Adverse actions against a psychologist's license;
1930	1928		5. An indicator that a psychologist's Authority to Practice
1931	1929		Interjurisdictional Telepsychology and/or Temporary
1932	1930		Authorization to Practice is revoked;
1933	1931		6. Non-confidential information related to alternative
1934	1932		program participation information;
1935	1933		7. Any denial of application for licensure, and the reasons
1936	1934		for such denial; and
1937	1935		8. Other information which may facilitate the administration
1938	1936		of this Compact, as determined by the Rules of the
1939	1937		Commission.
1940	1938		C. The Coordinated Database administrator shall promptly notify
1941	1939		all Compact States of any adverse action taken against, or
1942	1940		significant investigative information on, any licensee in a
1943	1941		Compact State.
1944	1942		D. Compact States reporting information to the Coordinated
1945	1943		Database may designate information that may not be shared with
1946	1944		the public without the express permission of the Compact State
1947	1945		reporting the information.
1948	1946		E. Any information submitted to the Coordinated Database that is
1949	1947		subsequently required to be expunged by the law of the Compact
1950	1948		State reporting the information shall be removed from the
1951	1949		Coordinated Database.
1952	1950		ARTICLE X. ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL
1953	1951		COMPACT COMMISSION
1954	1952		A. The Compact States hereby create and establish a joint public
1955	1953		agency known as the Psychology Interjurisdictional Compact
1956	1954		Commission.
1957	1955		1. The Commission is a body politic and an instrumentality of
1958	1956		the Compact States.
1959	1957		2. Venue is proper and judicial proceedings by or against the
1960	1958		Commission shall be brought solely and exclusively in a
1961	1959		court of competent jurisdiction where the principal office
1962	1960		of the Commission is located. The Commission may waive
1963	1961		venue and jurisdictional defenses to the extent it adopts
1964	1962		or consents to participate in alternative dispute
1965	1963		resolution proceedings.
1966	1964		3. Nothing in this Compact shall be construed to be a waiver
1967	1965		of sovereign immunity.
1968	1966		B. Membership, Voting, and Meetings
1969	1967		1. The Commission shall consist of one voting representative
1970	1968		appointed by each Compact State who shall serve as that
1971	1969		state's Commissioner. The State Psychology Regulatory
1972	1970		Authority shall appoint its delegate. This delegate shall
1973	1971		be empowered to act on behalf of the Compact State. This
1974	1972		delegate shall be limited to:
1975	1973		a. Executive Director, Executive Secretary or similar
1976	1974		executive;
1977	1975		b. Current member of the State Psychology Regulatory
1978	1976		Authority of a Compact State; OR
1979	1977		c. Designee empowered with the appropriate delegate
1980	1978		authority to act on behalf of the Compact State.
1981	1979		2. Any Commissioner may be removed or suspended from office as
1982	1980		provided by the law of the state from which the
1983	1981		Commissioner is appointed. Any vacancy occurring in the
1984	1982		Commission shall be filled in accordance with the laws of
1985	1983		the Compact State in which the vacancy exists.
1986	1984		3. Each Commissioner shall be entitled to one (1) vote with
1987	1985		regard to the promulgation of Rules and creation of Bylaws
1988	1986		and shall otherwise have an opportunity to participate in
1989	1987		the business and affairs of the Commission. A Commissioner
1990	1988		shall vote in person or by such other means as provided in
1991	1989		the Bylaws. The Bylaws may provide for Commissioners'
1992	1990		participation in meetings by telephone or other means of
1993	1991		communication.
1994	1992		4. The Commission shall meet at least once during each
1995	1993		calendar year. Additional meetings shall be held as set
1996	1994		forth in the Bylaws.
1997	1995		5. All meetings shall be open to the public, and public notice
1998	1996		of meetings shall be given in the same manner as required
1999	1997		under the rulemaking provisions in Article XI.
2000	1998		6. The Commission may convene in a closed, non-public meeting
2001	1999		if the Commission must discuss:
2002	2000		a. Non-compliance of a Compact State with its obligations
2003	2001		under the Compact;
2004	2002		b. The employment, compensation, discipline or other
2005	2003		personnel matters, practices or procedures related to
2006	2004		specific employees or other matters related to the
2007	2005		Commission's internal personnel practices and
2008	2006		procedures;
2009	2007		c. Current, threatened, or reasonably anticipated
2010	2008		litigation against the Commission;
2011	2009		d. Negotiation of contracts for the purchase or sale of
2012	2010		goods, services or real estate;
2013	2011		e. Accusation against any person of a crime or formally
2014	2012		censuring any person;
2015	2013		f. Disclosure of trade secrets or commercial or financial
2016	2014		information which is privileged or confidential;
2017	2015		g. Disclosure of information of a personal nature where
2018	2016		disclosure would constitute a clearly unwarranted
2019	2017		invasion of personal privacy;
2020	2018		h. Disclosure of investigatory records compiled for law
2021	2019		enforcement purposes;
2022	2020		i. Disclosure of information related to any
2023	2021		investigatory reports prepared by or on behalf of or
2024	2022		for use of the Commission or other committee charged
2025	2023		with responsibility for investigation or
2026	2024		determination of compliance issues pursuant to the
2027	2025		Compact; or
2028	2026		j. Matters specifically exempted from disclosure by
2029	2027		federal and state statute.
2030	2028		7. If a meeting, or portion of a meeting, is closed pursuant
2031	2029		to this provision, the Commission's legal counsel or
2032	2030		designee shall certify that the meeting may be closed and
2033	2031		shall reference each relevant exempting provision. The
2034	2032		Commission shall keep minutes which fully and clearly
2035	2033		describe all matters discussed in a meeting and shall
2036	2034		provide a full and accurate summary of actions taken, of
2037	2035		any person participating in the meeting, and the reasons
2038	2036		therefore, including a description of the views expressed.
2039	2037		All documents considered in connection with an action
2040	2038		shall be identified in such minutes. All minutes and
2041	2039		documents of a closed meeting shall remain under seal,
2042	2040		subject to release only by a majority vote of the
2043	2041		Commission or order of a court of competent jurisdiction.
2044	2042		C. The Commission shall, by a majority vote of the Commissioners,
2045	2043		prescribe Bylaws and/or Rules to govern its conduct as may be
2046	2044		necessary or appropriate to carry out the purposes and exercise
2047	2045		the powers of the Compact, including but not limited to:
2048	2046		1. Establishing the fiscal year of the Commission;
2049	2047		2. Providing reasonable standards and procedures:
2050	2048		a. for the establishment and meetings of other
2051	2049		committees; and
2052	2050		b. governing any general or specific delegation of any
2053	2051		authority or function of the Commission;
2054	2052		3. Providing reasonable procedures for calling and conducting
2055	2053		meetings of the Commission, ensuring reasonable advance
2056	2054		notice of all meetings and providing an opportunity for
2057	2055		attendance of such meetings by interested parties, with
2058	2056		enumerated exceptions designed to protect the public's
2059	2057		interest, the privacy of individuals of such proceedings,
2060	2058		and proprietary information, including trade secrets. The
2061	2059		Commission may meet in closed session only after a
2062	2060		majority of the Commissioners vote to close a meeting to
2063	2061		the public in whole or in part. As soon as practicable, the
2064	2062		Commission must make public a copy of the vote to close the
2065	2063		meeting revealing the vote of each Commissioner with no
2066	2064		proxy votes allowed;
2067	2065		4. Establishing the titles, duties and authority and
2068	2066		reasonable procedures for the election of the officers of
2069	2067		the Commission;
2070	2068		5. Providing reasonable standards and procedures for the
2071	2069		establishment of the personnel policies and programs of
2072	2070		the Commission. Notwithstanding any civil service or other
2073	2071		similar law of any Compact State, the Bylaws shall
2074	2072		exclusively govern the personnel policies and programs of
2075	2073		the Commission;
2076	2074		6. Promulgating a Code of Ethics to address permissible and
2077	2075		prohibited activities of Commission members and
2078	2076		employees;
2079	2077		7. Providing a mechanism for concluding the operations of the
2080	2078		Commission and the equitable disposition of any surplus
2081	2079		funds that may exist after the termination of the Compact
2082	2080		after the payment and/or reserving of all of its debts and
2083	2081		obligations;
2084	2082		8. The Commission shall publish its Bylaws in a convenient
2085	2083		form and file a copy thereof and a copy of any amendment
2086	2084		thereto, with the appropriate agency or officer in each of
2087	2085		the Compact States;
2088	2086		9. The Commission shall maintain its financial records in
2089	2087		accordance with the Bylaws; and
2090	2088		10. The Commission shall meet and take such actions as are
2091	2089		consistent with the provisions of this Compact and the
2092	2090		Bylaws.
2093	2091		D. The Commission shall have the following powers:
2094	2092		1. The authority to promulgate uniform rules to facilitate
2095	2093		and coordinate implementation and administration of this
2096	2094		Compact. The rule shall have the force and effect of law
2097	2095		and shall be binding in all Compact States;
2098	2096		2. To bring and prosecute legal proceedings or actions in the
2099	2097		name of the Commission, provided that the standing of any
2100	2098		State Psychology Regulatory Authority or other regulatory
2101	2099		body responsible for psychology licensure to sue or be
2102	2100		sued under applicable law shall not be affected;
2103	2101		3. To purchase and maintain insurance and bonds;
2104	2102		4. To borrow, accept or contract for services of personnel,
2105	2103		including, but not limited to, employees of a Compact
2106	2104		State;
2107	2105		5. To hire employees, elect or appoint officers, fix
2108	2106		compensation, define duties, grant such individuals
2109	2107		appropriate authority to carry out the purposes of the
2110	2108		Compact, and to establish the Commission's personnel
2111	2109		policies and programs relating to conflicts of interest,
2112	2110		qualifications of personnel, and other related personnel
2113	2111		matters;
2114	2112		6. To accept any and all appropriate donations and grants of
2115	2113		money, equipment, supplies, materials and services, and to
2116	2114		receive, utilize and dispose of the same; provided that at
2117	2115		all times the Commission shall strive to avoid any
2118	2116		appearance of impropriety and/or conflict of interest;
2119	2117		7. To lease, purchase, accept appropriate gifts or donations
2120	2118		of, or otherwise to own, hold, improve or use, any
2121	2119		property, real, personal or mixed; provided that at all
2122	2120		times the Commission shall strive to avoid any appearance
2123	2121		of impropriety;
2124	2122		8. To sell, convey, mortgage, pledge, lease, exchange,
2125	2123		abandon or otherwise dispose of any property real,
2126	2124		personal or mixed;
2127	2125		9. To establish a budget and make expenditures;
2128	2126		10. To borrow money;
2129	2127		11. To appoint committees, including advisory committees
2130	2128		comprised of Members, State regulators, State legislators
2131	2129		or their representatives, and consumer representatives,
2132	2130		and such other interested persons as may be designated in
2133	2131		this Compact and the Bylaws;
2134	2132		12. To provide and receive information from, and to cooperate
2135	2133		with, law enforcement agencies;
2136	2134		13. To adopt and use an official seal; and
2137	2135		14. To perform such other functions as may be necessary or
2138	2136		appropriate to achieve the purposes of this Compact
2139	2137		consistent with the state regulation of psychology
2140	2138		licensure, temporary in-person, face-to-face practice and
2141	2139		telepsychology practice.
2142	2140		E. The Executive Board
2143	2141		The elected officers shall serve as the Executive Board, which
2144	2142		shall have the power to act on behalf of the Commission
2145	2143		according to the terms of this Compact.
2146	2144		1. The Executive Board shall be comprised of six members:
2147	2145		a. Five voting members who are elected from the current
2148	2146		membership of the Commission by the Commission;
2149	2147		b. One ex-officio, nonvoting member from the recognized
2150	2148		membership organization composed of State and
2151	2149		Provincial Psychology Regulatory Authorities.
2152	2150		2. The ex-officio member must have served as staff or member
2153	2151		on a State Psychology Regulatory Authority and will be
2154	2152		selected by its respective organization.
2155	2153		3. The Commission may remove any member of the Executive Board
2156	2154		as provided in Bylaws.
2157	2155		4. The Executive Board shall meet at least annually.
2158	2156		5. The Executive Board shall have the following duties and
2159	2157		responsibilities:
2160	2158		a. Recommend to the entire Commission changes to the
2161	2159		Rules or Bylaws, changes to this Compact legislation,
2162	2160		fees paid by Compact States such as annual dues, and
2163	2161		any other applicable fees;
2164	2162		b. Ensure Compact administration services are
2165	2163		appropriately provided, contractual or otherwise;
2166	2164		c. Prepare and recommend the budget;
2167	2165		d. Maintain financial records on behalf of the
2168	2166		Commission;
2169	2167		e. Monitor Compact compliance of member states and
2170	2168		provide compliance reports to the Commission;
2171	2169		f. Establish additional committees as necessary; and
2172	2170		g. Other duties as provided in Rules or Bylaws.
2173	2171		F. Financing of the Commission
2174	2172		1. The Commission shall pay, or provide for the payment of the
2175	2173		reasonable expenses of its establishment, organization
2176	2174		and ongoing activities.
2177	2175		2. The Commission may accept any and all appropriate revenue
2178	2176		sources, donations and grants of money, equipment,
2179	2177		supplies, materials and services.
2180	2178		3. The Commission may levy on and collect an annual assessment
2181	2179		from each Compact State or impose fees on other parties to
2182	2180		cover the cost of the operations and activities of the
2183	2181		Commission and its staff which must be in a total amount
2184	2182		sufficient to cover its annual budget as approved each
2185	2183		year for which revenue is not provided by other sources.
2186	2184		The aggregate annual assessment amount shall be allocated
2187	2185		based upon a formula to be determined by the Commission
2188	2186		which shall promulgate a rule binding upon all Compact
2189	2187		States.
2190	2188		4. The Commission shall not incur obligations of any kind
2191	2189		prior to securing the funds adequate to meet the same; nor
2192	2190		shall the Commission pledge the credit of any of the
2193	2191		Compact States, except by and with the authority of the
2194	2192		Compact State.
2195	2193		5. The Commission shall keep accurate accounts of all
2196	2194		receipts and disbursements. The receipts and
2197	2195		disbursements of the Commission shall be subject to the
2198	2196		audit and accounting procedures established under its
2199	2197		Bylaws. However, all receipts and disbursements of funds
2200	2198		handled by the Commission shall be audited yearly by a
2201	2199		certified or licensed public accountant and the report of
2202	2200		the audit shall be included in and become part of the
2203	2201		annual report of the Commission.
2204	2202		G. Qualified Immunity, Defense, and Indemnification
2205	2203		1. The members, officers, Executive Director, employees and
2206	2204		representatives of the Commission shall be immune from
2207	2205		suit and liability, either personally or in their official
2208	2206		capacity, for any claim for damage to or loss of property
2209	2207		or personal injury or other civil liability caused by or
2210	2208		arising out of any actual or alleged act, error or omission
2211	2209		that occurred, or that the person against whom the claim is
2212	2210		made had a reasonable basis for believing occurred within
2213	2211		the scope of Commission employment, duties or
2214	2212		responsibilities; provided that nothing in this paragraph
2215	2213		shall be construed to protect any such person from suit
2216	2214		and/or liability for any damage, loss, injury or liability
2217	2215		caused by the intentional or willful or wanton misconduct
2218	2216		of that person.
2219	2217		2. The Commission shall defend any member, officer, Executive
2220	2218		Director, employee or representative of the Commission in
2221	2219		any civil action seeking to impose liability arising out
2222	2220		of any actual or alleged act, error or omission that
2223	2221		occurred within the scope of Commission employment, duties
2224	2222		or responsibilities, or that the person against whom the
2225	2223		claim is made had a reasonable basis for believing
2226	2224		occurred within the scope of Commission employment, duties
2227	2225		or responsibilities; provided that nothing herein shall be
2228	2226		construed to prohibit that person from retaining his or
2229	2227		her own counsel; and provided further, that the actual or
2230	2228		alleged act, error or omission did not result from that
2231	2229		person's intentional or willful or wanton misconduct.
2232	2230		3. The Commission shall indemnify and hold harmless any
2233	2231		member, officer, Executive Director, employee or
2234	2232		representative of the Commission for the amount of any
2235	2233		settlement or judgment obtained against that person
2236	2234		arising out of any actual or alleged act, error or omission
2237	2235		that occurred within the scope of Commission employment,
2238	2236		duties or responsibilities, or that such person had a
2239	2237		reasonable basis for believing occurred within the scope
2240	2238		of Commission employment, duties or responsibilities,
2241	2239		provided that the actual or alleged act, error or omission
2242	2240		did not result from the intentional or willful or wanton
2243	2241		misconduct of that person.
2244	2242		ARTICLE XI. RULEMAKING
2245	2243		A. The Commission shall exercise its rulemaking powers pursuant to
2246	2244		the criteria set forth in this Article and the Rules adopted
2247	2245		thereunder. Rules and amendments shall become binding as of the
2248	2246		date specified in each rule or amendment.
2249	2247		B. If a majority of the legislatures of the Compact States rejects
2250	2248		a rule, by enactment of a statute or resolution in the same
2251	2249		manner used to adopt the Compact, then such rule shall have no
2252	2250		further force and effect in any Compact State.
2253	2251		C. Rules or amendments to the rules shall be adopted at a regular
2254	2252		or special meeting of the Commission.
2255	2253		D. Prior to promulgation and adoption of a final rule or Rules by
2256	2254		the Commission, and at least sixty (60) days in advance of the
2257	2255		meeting at which the rule will be considered and voted upon,
2258	2256		the Commission shall file a Notice of Proposed Rulemaking:
2259	2257		1. On the website of the Commission; and
2260	2258		2. On the website of each Compact States' Psychology
2261	2259		Regulatory Authority or the publication in which each
2262	2260		state would otherwise publish proposed rules.
2263	2261		E. The Notice of Proposed Rulemaking shall include:
2264	2262		1. The proposed time, date, and location of the meeting in
2265	2263		which the rule will be considered and voted upon;
2266	2264		2. The text of the proposed rule or amendment and the reason
2267	2265		for the proposed rule;
2268	2266		3. A request for comments on the proposed rule from any
2269	2267		interested person; and
2270	2268		4. The manner in which interested persons may submit notice to
2271	2269		the Commission of their intention to attend the public
2272	2270		hearing and any written comments.
2273	2271		F. Prior to adoption of a proposed rule, the Commission shall
2274	2272		allow persons to submit written data, facts, opinions and
2275	2273		arguments, which shall be made available to the public.
2276	2274		G. The Commission shall grant an opportunity for a public hearing
2277	2275		before it adopts a rule or amendment if a hearing is requested
2278	2276		by:
2279	2277		1. At least twenty-five (25) persons who submit comments
2280	2278		independently of each other;
2281	2279		2. A governmental subdivision or agency; or
2282	2280		3. A duly appointed person in an association that has having
2283	2281		at least twenty-five (25) members.
2284	2282		H. If a hearing is held on the proposed rule or amendment, the
2285	2283		Commission shall publish the place, time, and date of the
2286	2284		scheduled public hearing.
2287	2285		1. All persons wishing to be heard at the hearing shall notify
2288	2286		the Executive Director of the Commission or other
2289	2287		designated member in writing of their desire to appear and
2290	2288		testify at the hearing not less than five (5) business days
2291	2289		before the scheduled date of the hearing.
2292	2290		2. Hearings shall be conducted in a manner providing each
2293	2291		person who wishes to comment a fair and reasonable
2294	2292		opportunity to comment orally or in writing.
2295	2293		3. No transcript of the hearing is required, unless a written
2296	2294		request for a transcript is made, in which case the person
2297	2295		requesting the transcript shall bear the cost of producing
2298	2296		the transcript. A recording may be made in lieu of a
2299	2297		transcript under the same terms and conditions as a
2300	2298		transcript. This subsection shall not preclude the
2301	2299		Commission from making a transcript or recording of the
2302	2300		hearing if it so chooses.
2303	2301		4. Nothing in this section shall be construed as requiring a
2304	2302		separate hearing on each rule. Rules may be grouped for the
2305	2303		convenience of the Commission at hearings required by this
2306	2304		section.
2307	2305		I. Following the scheduled hearing date, or by the close of
2308	2306		business on the scheduled hearing date if the hearing was not
2309	2307		held, the Commission shall consider all written and oral
2310	2308		comments received.
2311	2309		J. The Commission shall, by majority vote of all members, take
2312	2310		final action on the proposed rule and shall determine the
2313	2311		effective date of the rule, if any, based on the rulemaking
2314	2312		record and the full text of the rule.
2315	2313		K. If no written notice of intent to attend the public hearing by
2316	2314		interested parties is received, the Commission may proceed
2317	2315		with promulgation of the proposed rule without a public
2318	2316		hearing.
2319	2317		L. Upon determination that an emergency exists, the Commission may
2320	2318		consider and adopt an emergency rule without prior notice,
2321	2319		opportunity for comment, or hearing, provided that the usual
2322	2320		rulemaking procedures provided in the Compact and in this
2323	2321		section shall be retroactively applied to the rule as soon as
2324	2322		reasonably possible, in no event later than ninety (90) days
2325	2323		after the effective date of the rule. For the purposes of this
2326	2324		provision, an emergency rule is one that must be adopted
2327	2325		immediately in order to:
2328	2326		1. Meet an imminent threat to public health, safety, or
2329	2327		welfare;
2330	2328		2. Prevent a loss of Commission or Compact State funds;
2331	2329		3. Meet a deadline for the promulgation of an administrative
2332	2330		rule that is established by federal law or rule; or
2333	2331		4. Protect public health and safety.
2334	2332		M. The Commission or an authorized committee of the Commission may
2335	2333		direct revisions to a previously adopted rule or amendment for
2336	2334		purposes of correcting typographical errors, errors in format,
2337	2335		errors in consistency, or grammatical errors. Public notice of
2338	2336		any revisions shall be posted on the website of the Commission.
2339	2337		The revision shall be subject to challenge by any person for a
2340	2338		period of thirty (30) days after posting. The revision may be
2341	2339		challenged only on grounds that the revision results in a
2342	2340		material change to a rule. A challenge shall be made in
2343	2341		writing, and delivered to the Chair of the Commission prior to
2344	2342		the end of the notice period. If no challenge is made, the
2345	2343		revision will take effect without further action. If the
2346	2344		revision is challenged, the revision may not take effect
2347	2345		without the approval of the Commission.
2348	2346		ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
2349	2347		A. Oversight
2350	2348		1. The Executive, Legislative and Judicial branches of state
2351	2349		government in each Compact State shall enforce this
2352	2350		Compact and take all actions necessary and appropriate to
2353	2351		effectuate the Compact's purposes and intent. The
2354	2352		provisions of this Compact and the rules promulgated
2355	2353		hereunder shall have standing as statutory law.
2356	2354		2. All courts shall take judicial notice of the Compact and
2357	2355		the rules in any judicial or administrative proceeding in
2358	2356		a Compact State pertaining to the subject matter of this
2359	2357		Compact which may affect the powers, responsibilities or
2360	2358		actions of the Commission.
2361	2359		3. The Commission shall be entitled to receive service of
2362	2360		process in any such proceeding, and shall have standing to
2363	2361		intervene in such a proceeding for all purposes. Failure
2364	2362		to provide service of process to the Commission shall
2365	2363		render a judgment or order void as to the Commission, this
2366	2364		Compact or promulgated rules.
2367	2365		B. Default, Technical Assistance, and Termination
2368	2366		1. If the Commission determines that a Compact State has
2369	2367		defaulted in the performance of its obligations or
2370	2368		responsibilities under this Compact or the promulgated
2371	2369		rules, the Commission shall:
2372	2370		a. Provide written notice to the defaulting state and
2373	2371		other Compact States of the nature of the default, the
2374	2372		proposed means of remedying the default and/or any
2375	2373		other action to be taken by the Commission; and
2376	2374		b. Provide remedial training and specific technical
2377	2375		assistance regarding the default.
2378	2376		2. If a state in default fails to remedy the default, the
2379	2377		defaulting state may be terminated from the Compact upon
2380	2378		an affirmative vote of a majority of the Compact States,
2381	2379		and all rights, privileges and benefits conferred by this
2382	2380		Compact shall be terminated on the effective date of
2383	2381		termination. A remedy of the default does not relieve the
2384	2382		offending state of obligations or liabilities incurred
2385	2383		during the period of default.
2386	2384		3. Termination of membership in the Compact shall be imposed
2387	2385		only after all other means of securing compliance have
2388	2386		been exhausted. Notice of intent to suspend or terminate
2389	2387		shall be submitted by the Commission to the Governor, the
2390	2388		majority and minority leaders of the defaulting state's
2391	2389		legislature, and each of the Compact States.
2392	2390		4. A Compact State which has been terminated is responsible
2393	2391		for all assessments, obligations and liabilities incurred
2394	2392		through the effective date of termination, including
2395	2393		obligations which extend beyond the effective date of
2396	2394		termination.
2397	2395		5. The Commission shall not bear any costs incurred by the
2398	2396		state which is found to be in default or which has been
2399	2397		terminated from the Compact, unless agreed upon in writing
2400	2398		between the Commission and the defaulting state.
2401	2399		6. The defaulting state may appeal the action of the
2402	2400		Commission by petitioning the U.S. District Court for the
2403	2401		state of Georgia or the federal district where the Compact
2404	2402		has its principal offices. The prevailing member shall be
2405	2403		awarded all costs of such litigation, including reasonable
2406	2404		attorney's fees.
2407	2405		C. Dispute Resolution
2408	2406		1. Upon request by a Compact State, the Commission shall
2409	2407		attempt to resolve disputes related to the Compact which
2410	2408		arise among Compact States and between Compact and
2411	2409		Non-Compact States.
2412	2410		2. The Commission shall promulgate a rule providing for both
2413	2411		mediation and binding dispute resolution for disputes that
2414	2412		arise before the commission.
2415	2413		D. Enforcement
2416	2414		1. The Commission, in the reasonable exercise of its
2417	2415		discretion, shall enforce the provisions and Rules of this
2418	2416		Compact.
2419	2417		2. By majority vote, the Commission may initiate legal action
2420	2418		in the United States District Court for the State of
2421	2419		Georgia or the federal district where the Compact has its
2422	2420		principal offices against a Compact State in default to
2423	2421		enforce compliance with the provisions of the Compact and
2424	2422		its promulgated Rules and Bylaws. The relief sought may
2425	2423		include both injunctive relief and damages. In the event
2426	2424		judicial enforcement is necessary, the prevailing member
2427	2425		shall be awarded all costs of such litigation, including
2428	2426		reasonable attorney's fees.
2429	2427		3. The remedies herein shall not be the exclusive remedies of
2430	2428		the Commission. The Commission may pursue any other
2431	2429		remedies available under federal or state law.
2432	2430		ARTICLE XIII. DATE OF IMPLEMENTATION OF THE PSYCHOLOGY
2433	2431		INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES,
2434	2432		WITHDRAWAL, AND AMENDMENTS
2435	2433		A. The Compact shall come into effect on the date on which the
2436	2434		Compact is enacted into law in the seventh Compact State. The
2437	2435		provisions which become effective at that time shall be limited
2438	2436		to the powers granted to the Commission relating to assembly
2439	2437		and the promulgation of rules. Thereafter, the Commission
2440	2438		shall meet and exercise rulemaking powers necessary to the
2441	2439		implementation and administration of the Compact.
2442	2440		B. Any state which joins the Compact subsequent to the
2443	2441		Commission's initial adoption of the rules shall be subject to
2444	2442		the rules as they exist on the date on which the Compact becomes
2445	2443		law in that state. Any rule which has been previously adopted
2446	2444		by the Commission shall have the full force and effect of law on
2447	2445		the day the Compact becomes law in that state.
2448	2446		C. Any Compact State may withdraw from this Compact by enacting a
2449	2447		statute repealing the same.
2450	2448		1. A Compact State's withdrawal shall not take effect until
2451	2449		six (6) months after enactment of the repealing statute.
2452	2450		2. Withdrawal shall not affect the continuing requirement of
2453	2451		the withdrawing State's Psychology Regulatory Authority
2454	2452		to comply with the investigative and adverse action
2455	2453		reporting requirements of this act prior to the effective
2456	2454		date of withdrawal.
2457	2455		D. Nothing contained in this Compact shall be construed to
2458	2456		invalidate or prevent any psychology licensure agreement or
2459	2457		other cooperative arrangement between a Compact State and a
2460	2458		Non-Compact State which does not conflict with the provisions
2461	2459		of this Compact.
2462	2460		E. This Compact may be amended by the Compact States. No amendment
2463	2461		to this Compact shall become effective and binding upon any
2464	2462		Compact State until it is enacted into the law of all Compact
2465	2463		States.
2466	2464		ARTICLE XIV. CONSTRUCTION AND SEVERABILITY
2467	2465		This Compact shall be liberally construed so as to effectuate the
2468	2466		purposes thereof. If this Compact shall be held contrary to the
2469	2467		constitution of any state member thereto, the Compact shall remain
2470	2468		in full force and effect as to the remaining Compact States.
2471	2469		Sec. 501.602. RULES ADOPTED UNDER COMPACT. The Psychology
2472	2470		Interjurisdictional Compact Commission established under the
2473	2471		Psychology Interjurisdictional Compact under Section 501.601 may
2474	2472		not adopt rules that alter the requirements or scope of practice of
2475	2473		a license issued under this chapter. Any rule adopted by the
2476	2474		Psychology Interjurisdictional Compact Commission that purports to
2477	2475		alter the requirements or scope of practice of a license issued
2478	2476		under this chapter is not enforceable.
2479	2477		Sec. 501.603. DISCLOSURE OF PERSONAL INFORMATION. (a) In
2480	2478		reporting information to the Coordinated Licensure Information
2481	2479		System under Article IX of the Psychology Interjurisdictional
2482	2480		Compact, the executive council may disclose personally
2483	2481		identifiable information about a person who holds a license under
2484	2482		this chapter, including the person's social security number.
2485	2483		(b) The Coordinated Licensure Information System may not
2486	2484		share personally identifiable information with a state that is not
2487	2485		a party to the compact unless the state agrees to not disclose that
2488	2486		information to any other person.
2489	2487		SECTION 2.029. Sections 502.002(2) and (5), Occupations
2490	2488		Code, are amended to read as follows:
2491	2489		(2) "Executive council" ["Commissioner"] means the
2492	2490		Texas Behavioral Health Executive Council [commissioner of state
2493	2491		health services].
2494	2492		(5) "Licensed marriage and family therapist
2495	2493		associate" means an individual who offers to provide marriage and
2496	2494		family therapy for compensation under the supervision of a
2497	2495		[board-approved] supervisor approved by the executive council.
2498	2496		SECTION 2.030. The heading to Section 502.053, Occupations
2499	2497		Code, is amended to read as follows:
2500	2498		Sec. 502.053. MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
2501	2499		SECTION 2.031. Sections 502.053(b) and (c), Occupations
2502	2500		Code, are amended to read as follows:
2503	2501		(b) A person may not be a member of the board [and may not be
2504	2502		a department employee employed in a "bona fide executive,
2505	2503		administrative, or professional capacity," as that phrase is used
2506	2504		for purposes of establishing an exemption to the overtime
2507	2505		provisions of the federal Fair Labor Standards Act of 1938 (29
2508	2506		U.S.C. Section 201 et seq.)] if:
2509	2507		(1) the person is an officer, employee, or paid
2510	2508		consultant of a Texas trade association in the field of health
2511	2509		services; or
2512	2510		(2) the person's spouse is an officer, manager, or paid
2513	2511		consultant of a Texas trade association in the field of mental
2514	2512		health.
2515	2513		(c) A person may not be a member of the board [or act as
2516	2514		general counsel to the board or the department] if the person is
2517	2515		required to register as a lobbyist under Chapter 305, Government
2518	2516		Code, because of the person's activities for compensation on behalf
2519	2517		of a profession related to the operation of the board.
2520	2518		SECTION 2.032. Section 502.056(c), Occupations Code, is
2521	2519		amended to read as follows:
2522	2520		(c) If the executive director of the executive council has
2523	2521		knowledge that a potential ground for removal exists, the executive
2524	2522		director shall notify the presiding officer of the board of the
2525	2523		potential ground. The presiding officer shall then notify the
2526	2524		governor and the attorney general that a potential ground for
2527	2525		removal exists. If the potential ground for removal involves the
2528	2526		presiding officer, the executive director shall notify the next
2529	2527		highest ranking officer of the board, who shall then notify the
2530	2528		governor and attorney general that a potential ground for removal
2531	2529		exists.
2532	2530		SECTION 2.033. Section 502.059, Occupations Code, is
2533	2531		amended by amending Subsection (b) and adding Subsection (d) to
2534	2532		read as follows:
2535	2533		(b) The training program must provide the person with
2536	2534		information regarding:
2537	2535		(1) the law governing board operations [this chapter];
2538	2536		(2) the programs, [operated by the board;
2539	2537		[(3) the role and] functions, [of the board;
2540	2538		[(4) the] rules, and [of the board, with an emphasis on
2541	2539		the rules that relate to disciplinary and investigatory authority;
2542	2540		[(5) the current] budget of [for] the board;
2543	2541		(3) the scope of and limitations on the rulemaking
2544	2542		authority of the board;
2545	2543		(4) the types of board rules, interpretations, and
2546	2544		enforcement actions that may implicate federal antitrust law by
2547	2545		limiting competition or impacting prices charged by persons engaged
2548	2546		in a profession or business the board regulates, including any
2549	2547		rule, interpretation, or enforcement action that:
2550	2548		(A) regulates the scope of practice of persons in
2551	2549		a profession or business the board regulates;
2552	2550		(B) restricts advertising by persons in a
2553	2551		profession or business the board regulates;
2554	2552		(C) affects the price of goods or services
2555	2553		provided by persons in a profession or business the board
2556	2554		regulates; or
2557	2555		(D) restricts participation in a profession or
2558	2556		business the board regulates;
2559	2557		(5) [(6)] the results of the most recent formal audit
2560	2558		of the board;
2561	2559		(6) [(7)] the requirements of:
2562	2560		(A) laws relating to open meetings, public
2563	2561		information, administrative procedure, and disclosure of conflicts
2564	2562		[conflict] of interest; and
2565	2563		(B) other laws applicable to members of the board
2566	2564		in performing their duties; and
2567	2565		(7) [(8)] any applicable ethics policies adopted by
2568	2566		the board or the Texas Ethics Commission.
2569	2567		(d) The executive director of the executive council shall
2570	2568		create a training manual that includes the information required by
2571	2569		Subsection (b). The executive director shall distribute a copy of
2572	2570		the training manual annually to each board member. Each member of
2573	2571		the board shall sign and submit to the executive director a
2574	2572		statement acknowledging that the member received and has reviewed
2575	2573		the training manual.
2576	2574		SECTION 2.034. The heading to Subchapter D, Chapter 502,
2577	2575		Occupations Code, is amended to read as follows:
2578	2576		SUBCHAPTER D. [BOARD] POWERS AND DUTIES
2579	2577		SECTION 2.035. Section 502.151, Occupations Code, is
2580	2578		amended to read as follows:
2581	2579		Sec. 502.151. GENERAL POWERS AND DUTIES OF EXECUTIVE
2582	2580		COUNCIL [BOARD]. The executive council [board] shall:
2583	2581		(1) determine the qualifications and fitness of a
2584	2582		license applicant under this chapter; and
2585	2583		(2) adopt a code of professional ethics for license
2586	2584		holders.
2587	2585		SECTION 2.036. Subchapter D, Chapter 502, Occupations Code,
2588	2586		is amended by adding Section 502.1515 to read as follows:
2589	2587		Sec. 502.1515. BOARD DUTIES. The board shall propose to the
2590	2588		executive council:
2591	2589		(1) rules regarding:
2592	2590		(A) the qualifications necessary to obtain a
2593	2591		license, including rules limiting an applicant's eligibility for a
2594	2592		license based on the applicant's criminal history;
2595	2593		(B) the scope of practice of and standards of
2596	2594		care and ethical practice for marriage and family therapy; and
2597	2595		(C) continuing education requirements for
2598	2596		license holders; and
2599	2597		(2) a schedule of sanctions for violations of this
2600	2598		chapter or rules adopted under this chapter.
2601	2599		SECTION 2.037. Section 502.155, Occupations Code, is
2602	2600		amended to read as follows:
2603	2601		Sec. 502.155. POWERS AND DUTIES REGARDING EXAMINATION. The
2604	2602		executive council [board] shall:
2605	2603		(1) determine the times and places for licensing
2606	2604		examinations;
2607	2605		(2) offer examinations at least semiannually; and
2608	2606		(3) give reasonable public notice of the examinations
2609	2607		in the manner provided by executive council [board] rules.
2610	2608		SECTION 2.038. Section 502.159, Occupations Code, is
2611	2609		amended to read as follows:
2612	2610		Sec. 502.159. EX PARTE COMMUNICATION PROHIBITED. A [board]
2613	2611		member of the executive council or board or an [department]
2614	2612		employee of the executive council who [performs functions for the
2615	2613		board and who] is assigned to make a decision, a finding of fact, or
2616	2614		a conclusion of law in a proceeding pending before the executive
2617	2615		council [board] may not directly or indirectly communicate with a
2618	2616		party to the proceeding or the party's representative unless notice
2619	2617		and an opportunity to participate are given to each party to the
2620	2618		proceeding.
2621	2619		SECTION 2.039. Section 502.252, Occupations Code, is
2622	2620		amended to read as follows:
2623	2621		Sec. 502.252. LICENSE APPLICATION. (a) An applicant for a
2624	2622		license must:
2625	2623		(1) file a written application with the executive
2626	2624		council [board] on a form prescribed by the executive council
2627	2625		[board]; and
2628	2626		(2) pay the appropriate application fee.
2629	2627		(b) To qualify for a license as a licensed marriage and
2630	2628		family therapist associate, a person must:
2631	2629		(1) be at least 18 years of age;
2632	2630		(2) have completed a graduate internship in marriage
2633	2631		and family therapy, or an equivalent internship, as approved by the
2634	2632		executive council [board];
2635	2633		(3) pass the license examination and jurisprudence
2636	2634		examination determined by the board;
2637	2635		(4) hold a master's or doctoral degree in marriage and
2638	2636		family therapy or in a related mental health field with coursework
2639	2637		and training determined by the executive council [board] to be
2640	2638		substantially equivalent to a graduate degree in marriage and
2641	2639		family therapy from a regionally accredited institution of higher
2642	2640		education or an institution of higher education approved by the
2643	2641		executive council [board];
2644	2642		(5) [be of good moral character;
2645	2643		[(6)] have not been convicted of a felony or a crime
2646	2644		involving moral turpitude;
2647	2645		(6) [(7)] not use drugs or alcohol to an extent that
2648	2646		affects the applicant's professional competency;
2649	2647		(7) [(8)] not have had a license or certification
2650	2648		revoked by a licensing agency or by a certifying professional
2651	2649		organization; and
2652	2650		(8) [(9)] not have engaged in fraud or deceit in
2653	2651		applying for a license under this chapter.
2654	2652		(c) An applicant is eligible to apply for a license as a
2655	2653		licensed marriage and family therapist if the person:
2656	2654		(1) meets the requirements of Subsection (b);
2657	2655		(2) after receipt of a degree described by Subsection
2658	2656		(b)(4), has completed two years of work experience in marriage and
2659	2657		family therapist services that includes at least 3,000 hours of
2660	2658		clinical practice consisting of [which:
2661	2659		[(A)] at least 1,500 hours [consist] of direct
2662	2660		clinical services, including a minimum number of [; and
2663	2661		[(B) at least 750] hours providing [consist of]
2664	2662		direct clinical services to couples or families as required by
2665	2663		executive council rule; and
2666	2664		(3) has completed, in a manner acceptable to the
2667	2665		executive council [board], at least 200 hours of supervised
2668	2666		provision of direct clinical services by the applicant, 100 hours
2669	2667		of which must be supervised on an individual basis.
2670	2668		SECTION 2.040. Sections 502.253(a), (b), and (c),
2671	2669		Occupations Code, are amended to read as follows:
2672	2670		(a) The executive council [board] shall investigate each
2673	2671		application and any other information submitted by the applicant.
2674	2672		(b) Not later than the 90th day after the date the executive
2675	2673		council [board] receives the completed application from a person
2676	2674		seeking a license as a licensed marriage and family therapist
2677	2675		associate, the executive council [board] shall notify the applicant
2678	2676		whether the application has been accepted or rejected.
2679	2677		(c) An applicant for a license as a licensed marriage and
2680	2678		family therapist associate is eligible to take the examination if
2681	2679		the applicant:
2682	2680		(1) is enrolled in a graduate internship described by
2683	2681		Section 502.252(b)(2) and provides proof to the executive council
2684	2682		[board] that the applicant is a student in good standing in an
2685	2683		educational program described by Section 502.252(b)(4); or
2686	2684		(2) has completed the internship described by
2687	2685		Subdivision (1).
2688	2686		SECTION 2.041. Sections 502.254(b) and (d), Occupations
2689	2687		Code, are amended to read as follows:
2690	2688		(b) An applicant for a license as a licensed marriage and
2691	2689		family therapist associate under Section 502.252(b) must:
2692	2690		(1) file an application on a form prescribed by the
2693	2691		executive council [board] not later than the 90th day before the
2694	2692		date of the examination; and
2695	2693		(2) pay the examination fee [set by the executive
2696	2694		commissioner of the Health and Human Services Commission by rule].
2697	2695		(d) The executive council [board] shall have any written
2698	2696		portion of an examination validated by an independent testing
2699	2697		professional.
2700	2698		SECTION 2.042. Section 502.2541, Occupations Code, is
2701	2699		amended to read as follows:
2702	2700		Sec. 502.2541. JURISPRUDENCE EXAMINATION. (a) The board
2703	2701		shall develop [and administer at least twice each calendar year] a
2704	2702		jurisprudence examination to determine an applicant's knowledge of
2705	2703		this chapter, [board] rules adopted under this chapter, and any
2706	2704		other applicable laws of this state affecting the applicant's
2707	2705		practice of marriage and family therapy. The executive council
2708	2706		shall administer the examination at least twice each calendar year.
2709	2707		(b) The executive council [board] shall adopt rules to
2710	2708		implement this section, including rules related to the development
2711	2709		and administration of the examination, examination fees,
2712	2710		guidelines for reexamination, grading the examination, and
2713	2711		providing notice of examination results.
2714	2712		SECTION 2.043. Section 502.2545, Occupations Code, is
2715	2713		amended to read as follows:
2716	2714		Sec. 502.2545. WAIVER OF EXAMINATION FOR CERTAIN
2717	2715		APPLICANTS. (a) The executive council [board] may waive the
2718	2716		requirement that an applicant for a license as a licensed marriage
2719	2717		and family therapist pass the examination required by Section
2720	2718		502.254 if the applicant:
2721	2719		(1) is a provisional license holder under Section
2722	2720		502.259 and the executive council [board] determines that the
2723	2721		applicant possesses sufficient education and professional
2724	2722		experience to receive a license without further examination; or
2725	2723		(2) holds a license issued by another licensing agency
2726	2724		in a profession related to the practice of marriage and family
2727	2725		therapy and the executive council [board] determines that the
2728	2726		applicant possesses sufficient education and professional
2729	2727		experience to receive a license without satisfying the examination
2730	2728		requirements of this chapter.
2731	2729		(b) The executive council [board] may adopt rules necessary
2732	2730		to administer this section, including rules under Subsection (a)(2)
2733	2731		prescribing the professions that are related to the practice of
2734	2732		marriage and family therapy.
2735	2733		SECTION 2.044. Section 502.257, Occupations Code, is
2736	2734		amended to read as follows:
2737	2735		Sec. 502.257. ISSUANCE OF LICENSE. The executive council
2738	2736		[board] shall issue a license as a licensed marriage and family
2739	2737		therapist associate or licensed marriage and family therapist, as
2740	2738		appropriate, to an applicant who:
2741	2739		(1) complies with the requirements of this chapter;
2742	2740		(2) passes the licensing examination, unless the
2743	2741		executive council [board] exempts the person from the examination
2744	2742		requirement; and
2745	2743		(3) pays the required fees.
2746	2744		SECTION 2.045. Section 502.258(a), Occupations Code, is
2747	2745		amended to read as follows:
2748	2746		(a) The executive council [board] by rule may provide for
2749	2747		the issuance of a temporary license.
2750	2748		SECTION 2.046. Section 502.259, Occupations Code, is
2751	2749		amended to read as follows:
2752	2750		Sec. 502.259. PROVISIONAL LICENSE. (a) The executive
2753	2751		council [board] may grant a provisional license to practice as a
2754	2752		marriage and family therapist in this state without examination to
2755	2753		an applicant who is licensed or otherwise registered as a marriage
2756	2754		and family therapist by another state or jurisdiction if the
2757	2755		requirements to be licensed or registered in the other state or
2758	2756		jurisdiction were, on the date the person was licensed or
2759	2757		registered, substantially equal to the requirements of this
2760	2758		chapter.
2761	2759		(b) An applicant for a provisional license must:
2762	2760		(1) be licensed in good standing as a marriage and
2763	2761		family therapist in another state or jurisdiction that has
2764	2762		licensing requirements that are substantially equal to the
2765	2763		requirements of this chapter;
2766	2764		(2) have passed a national or other examination that:
2767	2765		(A) is recognized by the executive council
2768	2766		[board]; and
2769	2767		(B) relates to marriage and family therapy; and
2770	2768		(3) be sponsored by a person licensed by the executive
2771	2769		council [board] with whom the provisional license holder may
2772	2770		practice under this section.
2773	2771		(c) An applicant may be excused from the requirement of
2774	2772		Subsection (b)(3) if the executive council [board] determines that
2775	2773		compliance with that subsection constitutes a hardship to the
2776	2774		applicant.
2777	2775		(d) A provisional license is valid until the date the
2778	2776		executive council [board] approves or denies the provisional
2779	2777		license holder's application for a license under Section 502.257.
2780	2778		The executive council [board] shall complete processing of a
2781	2779		provisional license holder's application for a license not later
2782	2780		than the 180th day after the date the provisional license is issued.
2783	2781		The executive council [board] may extend this period to allow for
2784	2782		the receipt and tabulation of pending examination results.
2785	2783		(e) The executive council [board] shall issue a license
2786	2784		under Section 502.257 to a provisional license holder if:
2787	2785		(1) the provisional license holder passes the
2788	2786		examination required by Section 502.254;
2789	2787		(2) the executive council [board] verifies that the
2790	2788		provisional license holder satisfies the academic and experience
2791	2789		requirements of this chapter; and
2792	2790		(3) the provisional license holder satisfies any other
2793	2791		license requirements under this chapter.
2794	2792		SECTION 2.047. Sections 502.260(a), (b), and (d),
2795	2793		Occupations Code, are amended to read as follows:
2796	2794		(a) The executive council [board] may place a license
2797	2795		holder's license under this chapter on inactive status if the
2798	2796		holder is not actively engaged in the practice of marriage and
2799	2797		family therapy and the holder submits a written request to the
2800	2798		executive council [board] before the expiration of the holder's
2801	2799		license.
2802	2800		(b) The executive council [board] shall maintain a list of
2803	2801		each license holder whose license is on inactive status.
2804	2802		(d) The executive council [board] shall remove the license
2805	2803		holder's license from inactive status if the person:
2806	2804		(1) notifies the executive council [board] in writing
2807	2805		that the person intends to return to active practice;
2808	2806		(2) pays an administrative fee; and
2809	2807		(3) complies with educational or other requirements
2810	2808		the executive council [board] adopts by rule.
2811	2809		SECTION 2.048. Section 502.261(b), Occupations Code, is
2812	2810		amended to read as follows:
2813	2811		(b) Each license holder shall notify the executive council
2814	2812		[board] of the license holder's current address.
2815	2813		SECTION 2.049. Section 502.301(a), Occupations Code, is
2816	2814		amended to read as follows:
2817	2815		(a) A license issued under this chapter is subject to
2818	2816		biennial renewal. The executive council [board] shall adopt a
2819	2817		system under which licenses expire on various dates during the
2820	2818		year.
2821	2819		SECTION 2.050. The heading to Subchapter H, Chapter 502,
2822	2820		Occupations Code, is amended to read as follows:
2823	2821		SUBCHAPTER H. DISCIPLINARY ACTIONS [AND PROCEDURES]
2824	2822		SECTION 2.051. Section 502.351, Occupations Code, is
2825	2823		amended to read as follows:
2826	2824		Sec. 502.351. GROUNDS FOR DISCIPLINARY ACTIONS. The
2827	2825		executive council [board] shall take disciplinary action under
2828	2826		Subchapter G, Chapter 507, against [reprimand] a license holder
2829	2827		who[, place on probation a person whose license has been suspended,
2830	2828		refuse to renew a person's license, or suspend or revoke a holder's
2831	2829		license if the person]:
2832	2830		(1) is convicted of a misdemeanor involving moral
2833	2831		turpitude or a felony;
2834	2832		(2) obtains or attempts to obtain a license by fraud or
2835	2833		deception;
2836	2834		(3) uses drugs or alcohol to an extent that affects the
2837	2835		license holder's professional competence;
2838	2836		(4) performs professional duties in a grossly
2839	2837		negligent manner;
2840	2838		(5) is adjudicated as mentally incompetent by a court;
2841	2839		(6) practices in a manner that is detrimental to the
2842	2840		public health or welfare;
2843	2841		(7) advertises in a manner that tends to deceive or
2844	2842		defraud the public;
2845	2843		(8) has a license or certification revoked by a
2846	2844		licensing agency or a certifying professional organization;
2847	2845		(9) violates this chapter or a rule or code of ethics
2848	2846		adopted under this chapter; or
2849	2847		(10) commits an act for which liability exists under
2850	2848		Chapter 81, Civil Practice and Remedies Code.
2851	2849		SECTION 2.052. Section 502.357, Occupations Code, is
2852	2850		amended to read as follows:
2853	2851		Sec. 502.357. GROUNDS FOR REFUSING RENEWAL. The executive
2854	2852		council [board] may refuse to renew the license of a person who
2855	2853		fails to pay an administrative penalty imposed under Subchapter H,
2856	2854		Chapter 507, [I] unless enforcement of the penalty is stayed or a
2857	2855		court has ordered that the administrative penalty is not owed.
2858	2856		SECTION 2.053. Section 502.358, Occupations Code, is
2859	2857		amended to read as follows:
2860	2858		Sec. 502.358. REFUND. (a) Subject to Subsection (b), the
2861	2859		executive council [board] may order a license holder to pay a refund
2862	2860		to a consumer as provided in an agreement resulting from an informal
2863	2861		settlement conference instead of or in addition to imposing an
2864	2862		administrative penalty under Subchapter H, Chapter 507 [this
2865	2863		chapter].
2866	2864		(b) The amount of a refund ordered as provided in an
2867	2865		agreement resulting from an informal settlement conference may not
2868	2866		exceed the amount the consumer paid to the license holder for a
2869	2867		service regulated by this chapter. The executive council [board]
2870	2868		may not require payment of other damages or estimate harm in a
2871	2869		refund order.
2872	2870		SECTION 2.054. The heading to Subchapter J, Chapter 502,
2873	2871		Occupations Code, is amended to read as follows:
2874	2872		SUBCHAPTER J. CRIMINAL PENALTY [OTHER PENALTIES AND ENFORCEMENT
2875	2873		PROVISIONS]
2876	2874		SECTION 2.055. Section 503.002(2), Occupations Code, is
2877	2875		amended to read as follows:
2878	2876		(2) "Executive council" ["Department"] means the
2879	2877		Texas Behavioral Health Executive Council [Department of State
2880	2878		Health Services].
2881	2879		SECTION 2.056. The heading to Section 503.104, Occupations
2882	2880		Code, is amended to read as follows:
2883	2881		Sec. 503.104. MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
2884	2882		SECTION 2.057. Sections 503.104(b) and (c), Occupations
2885	2883		Code, are amended to read as follows:
2886	2884		(b) A person may not be a member of the board [and may not be
2887	2885		a department employee employed in a "bona fide executive,
2888	2886		administrative, or professional capacity," as that phrase is used
2889	2887		for purposes of establishing an exemption to the overtime
2890	2888		provisions of the federal Fair Labor Standards Act of 1938 (29
2891	2889		U.S.C. Section 201 et seq.)] if:
2892	2890		(1) the person is an officer, employee, manager, or
2893	2891		paid consultant of a Texas trade association in the field of health
2894	2892		care; or
2895	2893		(2) the person's spouse is an officer, manager, or paid
2896	2894		consultant of a Texas trade association in the field of mental
2897	2895		health.
2898	2896		(c) A person may not be a member of the board [or act as the
2899	2897		general counsel to the board or the department] if the person is
2900	2898		required to register as a lobbyist under Chapter 305, Government
2901	2899		Code, because of the person's activities for compensation on behalf
2902	2900		of a profession related to the operation of the board.
2903	2901		SECTION 2.058. Section 503.107(c), Occupations Code, is
2904	2902		amended to read as follows:
2905	2903		(c) If the executive director of the executive council has
2906	2904		knowledge that a potential ground for removal exists, the executive
2907	2905		director shall notify the presiding officer of the board of the
2908	2906		potential ground. The presiding officer shall then notify the
2909	2907		governor and the attorney general that a potential ground for
2910	2908		removal exists. If the potential ground for removal involves the
2911	2909		presiding officer, the executive director shall notify the next
2912	2910		highest ranking officer of the board, who shall then notify the
2913	2911		governor and attorney general that a potential ground for removal
2914	2912		exists.
2915	2913		SECTION 2.059. Section 503.110, Occupations Code, is
2916	2914		amended by amending Subsection (b) and adding Subsection (d) to
2917	2915		read as follows:
2918	2916		(b) The training program must provide the person with
2919	2917		information regarding:
2920	2918		(1) the law governing board operations;
2921	2919		(2) [this chapter and] the [board's] programs,
2922	2920		functions, rules, and budget of the board;
2923	2921		(3) the scope of and limitations on the rulemaking
2924	2922		authority of the board;
2925	2923		(4) the types of board rules, interpretations, and
2926	2924		enforcement actions that may implicate federal antitrust law by
2927	2925		limiting competition or impacting prices charged by persons engaged
2928	2926		in a profession or business the board regulates, including any
2929	2927		rule, interpretation, or enforcement action that:
2930	2928		(A) regulates the scope of practice of persons in
2931	2929		a profession or business the board regulates;
2932	2930		(B) restricts advertising by persons in a
2933	2931		profession or business the board regulates;
2934	2932		(C) affects the price of goods or services
2935	2933		provided by persons in a profession or business the board
2936	2934		regulates; or
2937	2935		(D) restricts participation in a profession or
2938	2936		business the board regulates;
2939	2937		(5) [(2)] the results of the most recent formal audit
2940	2938		of the board;
2941	2939		(6) [(3)] the requirements of:
2942	2940		(A) laws relating to open meetings, public
2943	2941		information, administrative procedure, and disclosure of conflicts
2944	2942		of interest [conflicts-of-interest]; and
2945	2943		(B) other laws applicable to members of the board
2946	2944		in performing their duties; and
2947	2945		(7) [(4)] any applicable ethics policies adopted by
2948	2946		the board or the Texas Ethics Commission.
2949	2947		(d) The executive director of the executive council shall
2950	2948		create a training manual that includes the information required by
2951	2949		Subsection (b). The executive director shall distribute a copy of
2952	2950		the training manual annually to each board member. Each member of
2953	2951		the board shall sign and submit to the executive director a
2954	2952		statement acknowledging that the member received and has reviewed
2955	2953		the training manual.
2956	2954		SECTION 2.060. The heading to Subchapter E, Chapter 503,
2957	2955		Occupations Code, is amended to read as follows:
2958	2956		SUBCHAPTER E. [BOARD] POWERS AND DUTIES
2959	2957		SECTION 2.061. Section 503.201, Occupations Code, is
2960	2958		amended to read as follows:
2961	2959		Sec. 503.201. GENERAL POWERS AND DUTIES OF EXECUTIVE
2962	2960		COUNCIL. (a) The executive council [board] shall:
2963	2961		(1) determine the qualifications and fitness of an
2964	2962		applicant for a license, license renewal, or provisional license;
2965	2963		(2) examine for, deny, approve, issue, revoke,
2966	2964		suspend, suspend on an emergency basis, place on probation, and
2967	2965		renew the license of an applicant or license holder under this
2968	2966		chapter;
2969	2967		(3) adopt and publish a code of ethics; and
2970	2968		(4) by rule adopt a list of authorized counseling
2971	2969		methods or practices that a license holder may undertake or
2972	2970		perform[; and
2973	2971		[(5) adopt an official seal].
2974	2972		(b) The executive council [board] may request and shall
2975	2973		receive the assistance of a state educational institution or other
2976	2974		state agency.
2977	2975		SECTION 2.062. Subchapter E, Chapter 503, Occupations Code,
2978	2976		is amended by adding Section 503.2015 to read as follows:
2979	2977		Sec. 503.2015. BOARD DUTIES. The board shall propose to the
2980	2978		executive council:
2981	2979		(1) rules regarding:
2982	2980		(A) the qualifications necessary to obtain a
2983	2981		license, including rules limiting an applicant's eligibility for a
2984	2982		license based on the applicant's criminal history;
2985	2983		(B) the scope of practice of and standards of
2986	2984		care and ethical practice for professional counseling; and
2987	2985		(C) continuing education requirements for
2988	2986		license holders; and
2989	2987		(2) a schedule of sanctions for violations of this
2990	2988		chapter or rules adopted under this chapter.
2991	2989		SECTION 2.063. Section 503.302, Occupations Code, is
2992	2990		amended to read as follows:
2993	2991		Sec. 503.302. QUALIFICATIONS FOR LICENSE. (a) A person
2994	2992		qualifies for a license under this chapter if the person:
2995	2993		(1) is at least 18 years old;
2996	2994		(2) has a master's or doctoral degree in counseling or
2997	2995		a related field;
2998	2996		(3) has successfully completed a graduate degree at a
2999	2997		regionally accredited institution of higher education and the
3000	2998		number of graduate semester hours required by executive council
3001	2999		[board] rule, which may not be less than 48 hours and must include
3002	3000		300 clock hours of supervised practicum that:
3003	3001		(A) is primarily counseling in nature; and
3004	3002		(B) meets the specific academic course content
3005	3003		and training standards established by the executive council
3006	3004		[board];
3007	3005		(4) has completed the number of supervised experience
3008	3006		hours required by executive council [board] rule, which may not be
3009	3007		less than 3,000 hours working in a counseling setting that meets the
3010	3008		requirements established by the executive council [board] after the
3011	3009		completion of the graduate program described by Subdivision (3);
3012	3010		(5) [except as provided by Subsection (b),] passes the
3013	3011		license examination and jurisprudence examination required by this
3014	3012		chapter;
3015	3013		(6) submits an application as required by the
3016	3014		executive council [board], accompanied by the required application
3017	3015		fee; and
3018	3016		(7) meets any other requirement prescribed by the
3019	3017		executive council [board].
3020	3018		(b) [(d)] In establishing the standards described by
3021	3019		Subsection (a)(3)(B), the executive council [board] shall review
3022	3020		and consider the standards as developed by the appropriate
3023	3021		professional association.
3024	3022		(c) [(e)] The executive council [board] may require the
3025	3023		statements on a license application to be made under oath.
3026	3024		SECTION 2.064. Subchapter G, Chapter 503, Occupations Code,
3027	3025		is amended by adding Section 503.3025 to read as follows:
3028	3026		Sec. 503.3025. EXPERIENCE REQUIRED TO ACT AS SUPERVISOR.
3029	3027		The executive council shall allow a license holder who has
3030	3028		practiced as a licensed counselor in another state to count that
3031	3029		out-of-state experience toward any experience that the license
3032	3030		holder is required by executive council rule to obtain to act as a
3033	3031		supervisor under this chapter if the executive council determines
3034	3032		that the other state has license requirements substantially
3035	3033		equivalent to the requirements of this chapter.
3036	3034		SECTION 2.065. Section 503.303(b), Occupations Code, is
3037	3035		amended to read as follows:
3038	3036		(b) The executive council [board] shall accept an
3039	3037		individual course from an art therapy program accredited through
3040	3038		the American Art Therapy Association as satisfying the education
3041	3039		requirements under Section 503.302(a)(3) if at least 75 percent of
3042	3040		the course content is substantially equivalent to the content of a
3043	3041		course required by executive council [board] rule.
3044	3042		SECTION 2.066. Section 503.304, Occupations Code, is
3045	3043		amended to read as follows:
3046	3044		Sec. 503.304. REVIEW OF APPLICATION. (a) Not later than
3047	3045		the 30th day before the examination date, after investigation of a
3048	3046		license application and review of other evidence submitted, the
3049	3047		executive council [board] shall notify the applicant that the
3050	3048		application and evidence submitted are:
3051	3049		(1) satisfactory and accepted; or
3052	3050		(2) unsatisfactory and rejected.
3053	3051		(b) If the executive council [board] rejects an
3054	3052		application, the executive council [board] shall state in the
3055	3053		notice the reasons for the rejection.
3056	3054		SECTION 2.067. Section 503.305, Occupations Code, is
3057	3055		amended to read as follows:
3058	3056		Sec. 503.305. LICENSE EXAMINATION. (a) The executive
3059	3057		council [board] shall administer examinations to determine the
3060	3058		competence of qualified applicants at least twice each calendar
3061	3059		year.
3062	3060		(b) The executive council [board] shall contract with a
3063	3061		nationally recognized testing organization to develop and
3064	3062		administer a written professional counselor licensing examination
3065	3063		to applicants who apply for a license under this chapter.
3066	3064		SECTION 2.068. Section 503.3055, Occupations Code, is
3067	3065		amended to read as follows:
3068	3066		Sec. 503.3055. JURISPRUDENCE EXAMINATION. (a) The board
3069	3067		shall develop [and administer at least twice each calendar year] a
3070	3068		jurisprudence examination to determine an applicant's knowledge of
3071	3069		this chapter, executive council [board] rules, and any other
3072	3070		applicable laws of this state affecting the applicant's
3073	3071		professional counseling practice. The executive council shall
3074	3072		administer the examination at least twice each calendar year.
3075	3073		(b) The executive council [board] shall adopt rules to
3076	3074		implement this section, including rules related to the development
3077	3075		and administration of the examination, examination fees,
3078	3076		guidelines for reexamination, grading the examination, and
3079	3077		providing notice of examination results.
3080	3078		SECTION 2.069. Section 503.308, Occupations Code, is
3081	3079		amended to read as follows:
3082	3080		Sec. 503.308. TEMPORARY LICENSE. (a) The executive
3083	3081		council [board] by rule may provide for the issuance of a temporary
3084	3082		license. Rules adopted under this subsection must provide a time
3085	3083		limit for the period a temporary license is valid.
3086	3084		(b) The executive council [board] by rule may adopt a system
3087	3085		under which a temporary license may be issued to a person who:
3088	3086		(1) meets all of the academic requirements for
3089	3087		licensing; and
3090	3088		(2) enters into a supervisory agreement with a
3091	3089		supervisor approved by the executive council [board].
3092	3090		SECTION 2.070. Sections 503.310(a), (c), and (d),
3093	3091		Occupations Code, are amended to read as follows:
3094	3092		(a) On application and payment of applicable fees, the
3095	3093		executive council [board] may issue a provisional license to a
3096	3094		person who holds a license as a counselor or art therapist issued by
3097	3095		another state or by a jurisdiction acceptable to the executive
3098	3096		council [board].
3099	3097		(c) An applicant is not required to comply with Subsection
3100	3098		(b)(3) if the executive council [board] determines that compliance
3101	3099		with that subsection is a hardship to the applicant.
3102	3100		(d) A provisional license is valid until the date the
3103	3101		executive council [board] approves or denies the provisional
3104	3102		license holder's application for a license under Section 503.311.
3105	3103		SECTION 2.071. Section 503.311, Occupations Code, is
3106	3104		amended to read as follows:
3107	3105		Sec. 503.311. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE
3108	3106		HOLDER. (a) The executive council [board] shall issue a license to
3109	3107		the holder of a provisional license who applies for a license if:
3110	3108		(1) the executive council [board] verifies that the
3111	3109		applicant has the academic and experience requirements for a
3112	3110		regular license under this chapter; and
3113	3111		(2) the applicant satisfies any other license
3114	3112		requirements under this chapter.
3115	3113		(b) The executive council [board] must complete the
3116	3114		processing of a provisional license holder's application for a
3117	3115		license not later than the later of:
3118	3116		(1) the 180th day after the date the provisional
3119	3117		license is issued; or
3120	3118		(2) the date licenses are issued following completion
3121	3119		of the next licensing and jurisprudence examinations
3122	3120		[examination].
3123	3121		SECTION 2.072. Sections 503.312(a) and (c), Occupations
3124	3122		Code, are amended to read as follows:
3125	3123		(a) On request of a person licensed under this chapter, the
3126	3124		executive council [board] shall place the person's license on
3127	3125		inactive status.
3128	3126		(c) A person whose license is inactive may apply to
3129	3127		reactivate the license. The executive council [board] shall
3130	3128		reactivate the license if the applicant:
3131	3129		(1) pays a license fee;
3132	3130		(2) is not in violation of this chapter when the
3133	3131		applicant applies to reactivate the license; and
3134	3132		(3) fulfills the requirements provided by executive
3135	3133		council [board] rule for the holder of an inactive license.
3136	3134		SECTION 2.073. Section 503.313, Occupations Code, is
3137	3135		amended to read as follows:
3138	3136		Sec. 503.313. RETIREMENT STATUS. The executive council
3139	3137		[board] by rule may adopt a system for placing a person licensed
3140	3138		under this chapter on retirement status.
3141	3139		SECTION 2.074. Section 503.314(b), Occupations Code, is
3142	3140		amended to read as follows:
3143	3141		(b) A license certificate issued by the executive council
3144	3142		[board] is the property of the executive council [board] and must be
3145	3143		surrendered on demand.
3146	3144		SECTION 2.075. Section 503.351, Occupations Code, is
3147	3145		amended to read as follows:
3148	3146		Sec. 503.351. RENEWAL; ELIGIBILITY. A person licensed
3149	3147		under this chapter may renew the license biennially if the person:
3150	3148		(1) is not in violation of this chapter when the person
3151	3149		applies for renewal; and
3152	3150		(2) fulfills the continuing education requirements
3153	3151		established by the executive council [board].
3154	3152		SECTION 2.076. Section 503.352, Occupations Code, is
3155	3153		amended to read as follows:
3156	3154		Sec. 503.352. LICENSE EXPIRATION DATE. The executive
3157	3155		council [board] shall adopt a system under which licenses expire on
3158	3156		various dates during the year. On renewal of the license on the
3159	3157		expiration date, the total license renewal fee is payable.
3160	3158		SECTION 2.077. Section 503.353, Occupations Code, is
3161	3159		amended to read as follows:
3162	3160		Sec. 503.353. NOTICE OF LICENSE EXPIRATION. Not later than
3163	3161		the 30th day before the expiration date of a person's license, the
3164	3162		executive council [board] shall send written notice of the
3165	3163		impending license expiration to the person at the person's last
3166	3164		known address according to the executive council's [board's]
3167	3165		records.
3168	3166		SECTION 2.078. The heading to Subchapter I, Chapter 503,
3169	3167		Occupations Code, is amended to read as follows:
3170	3168		SUBCHAPTER I. DISCIPLINARY ACTIONS [PROCEDURES]
3171	3169		SECTION 2.079. Section 503.401(a), Occupations Code, is
3172	3170		amended to read as follows:
3173	3171		(a) A person licensed under this chapter is subject to
3174	3172		disciplinary action under Subchapter G, Chapter 507, [this section]
3175	3173		if the person:
3176	3174		(1) violates this chapter or a rule or code of ethics
3177	3175		adopted under this chapter [by the board];
3178	3176		(2) commits an act for which the license holder would
3179	3177		be liable under Chapter 81, Civil Practice and Remedies Code;
3180	3178		(3) is legally committed to an institution because of
3181	3179		mental incompetence from any cause; or
3182	3180		(4) directly or indirectly offers to pay or agrees to
3183	3181		accept remuneration to or from any person for securing or
3184	3182		soliciting a patient or patronage.
3185	3183		SECTION 2.080. Section 503.407, Occupations Code, is
3186	3184		amended to read as follows:
3187	3185		Sec. 503.407. REFUND. (a) Subject to Subsection (b), the
3188	3186		executive council [board] may order a license holder to pay a refund
3189	3187		to a consumer as provided in an agreement resulting from an informal
3190	3188		settlement conference instead of or in addition to imposing an
3191	3189		administrative penalty under Subchapter H, Chapter 507 [this
3192	3190		chapter].
3193	3191		(b) The amount of a refund ordered as provided in an
3194	3192		agreement resulting from an informal settlement conference may not
3195	3193		exceed the amount the consumer paid to the license holder for a
3196	3194		service regulated by this chapter. The executive council [board]
3197	3195		may not require payment of other damages or estimate harm in a
3198	3196		refund order.
3199	3197		SECTION 2.081. Section 503.453, Occupations Code, is
3200	3198		amended to read as follows:
3201	3199		Sec. 503.453. REPORT OF ALLEGED OFFENSE. The executive
3202	3200		council [board] shall notify the appropriate prosecuting attorney
3203	3201		of an alleged offense committed under this chapter.
3204	3202		SECTION 2.082. Section 505.002, Occupations Code, is
3205	3203		amended to read as follows:
3206	3204		Sec. 505.002. DEFINITIONS. In this chapter:
3207	3205		(1) [(2)] "Board" means the Texas State Board of
3208	3206		Social Worker Examiners.
3209	3207		(2) [(3)] "Council on Social Work Education" means the
3210	3208		national organization that is primarily responsible for the
3211	3209		accreditation of schools of social work in the United States or its
3212	3210		successor approved by the executive council [board].
3213	3211		(3) "Executive council" means the Texas Behavioral
3214	3212		Health Executive Council.
3215	3213		(4) ["Department" means the Department of State Health
3216	3214		Services.
3217	3215		[(4-a)] "Licensed baccalaureate social worker" means
3218	3216		a person who holds a baccalaureate social worker license issued [by
3219	3217		the board] under this chapter.
3220	3218		(5) [(4-b)] "Licensed clinical social worker" means a
3221	3219		person who holds a clinical social worker license issued [by the
3222	3220		board] under this chapter.
3223	3221		(6) [(5)] "Licensed master social worker" means a
3224	3222		person who holds a master social worker license issued [by the
3225	3223		board] under this chapter.
3226	3224		(7) [(6)] "Licensed social worker" means a person who
3227	3225		holds a social worker license issued [by the board] under this
3228	3226		chapter.
3229	3227		(8) [(9)] "Social worker" means a person who holds any
3230	3228		license issued [by the board] under this chapter.
3231	3229		SECTION 2.083. Section 505.102(b), Occupations Code, is
3232	3230		amended to read as follows:
3233	3231		(b) A person is not eligible for appointment as a public
3234	3232		member of the board if:
3235	3233		(1) the person is registered, certified, or licensed
3236	3234		by an occupational regulatory agency in the field of health care;
3237	3235		(2) the person's spouse is registered, certified, or
3238	3236		licensed by an occupational regulatory agency in the field of
3239	3237		mental health; or
3240	3238		(3) the person or the person's spouse:
3241	3239		(A) is employed by or participates in the
3242	3240		management of a business entity or other organization regulated by
3243	3241		or receiving funds from the board or executive council
3244	3242		[department];
3245	3243		(B) owns or controls, directly or indirectly,
3246	3244		more than a 10 percent interest in a business entity or other
3247	3245		organization regulated by or receiving funds from the board or
3248	3246		executive council [department]; or
3249	3247		(C) uses or receives a substantial amount of
3250	3248		tangible goods, services, or funds from the board or executive
3251	3249		council [department], other than compensation or reimbursement
3252	3250		authorized by law for board membership, attendance, or expenses.
3253	3251		SECTION 2.084. The heading to Section 505.103, Occupations
3254	3252		Code, is amended to read as follows:
3255	3253		Sec. 505.103. MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
3256	3254		SECTION 2.085. Sections 505.103(b) and (c), Occupations
3257	3255		Code, are amended to read as follows:
3258	3256		(b) A person may not be a member of the board [and may not be
3259	3257		an employee of the department employed in a "bona fide executive,
3260	3258		administrative, or professional capacity," as that phrase is used
3261	3259		for purposes of establishing an exemption to the overtime
3262	3260		provisions of the federal Fair Labor Standards Act of 1938 (29
3263	3261		U.S.C. Section 201 et seq.)] if:
3264	3262		(1) the person is an officer, employee, or paid
3265	3263		consultant of a Texas trade association in the field of health care;
3266	3264		or
3267	3265		(2) the person's spouse is an officer, manager, or paid
3268	3266		consultant of a Texas trade association in the field of mental
3269	3267		health.
3270	3268		(c) A person may not be a member of the board [or act as
3271	3269		general counsel to the board or the department] if the person is
3272	3270		required to register as a lobbyist under Chapter 305, Government
3273	3271		Code, because of the person's activities for compensation on behalf
3274	3272		of a profession related to the operation of the board.
3275	3273		SECTION 2.086. Section 505.109, Occupations Code, is
3276	3274		amended by amending Subsection (b) and adding Subsection (d) to
3277	3275		read as follows:
3278	3276		(b) The training program must provide the person with
3279	3277		information regarding:
3280	3278		(1) the law governing [legislation that created the]
3281	3279		board operations;
3282	3280		(2) [and] the [board's] programs, functions, rules,
3283	3281		and budget of the board;
3284	3282		(3) the scope of and limitations on the rulemaking
3285	3283		authority of the board;
3286	3284		(4) the types of board rules, interpretations, and
3287	3285		enforcement actions that may implicate federal antitrust law by
3288	3286		limiting competition or impacting prices charged by persons engaged
3289	3287		in a profession or business the board regulates, including any
3290	3288		rule, interpretation, or enforcement action that:
3291	3289		(A) regulates the scope of practice of persons in
3292	3290		a profession or business the board regulates;
3293	3291		(B) restricts advertising by persons in a
3294	3292		profession or business the board regulates;
3295	3293		(C) affects the price of goods or services
3296	3294		provided by persons in a profession or business the board
3297	3295		regulates; or
3298	3296		(D) restricts participation in a profession or
3299	3297		business the board regulates;
3300	3298		(5) [(2)] the results of the most recent formal audit
3301	3299		of the board;
3302	3300		(6) [(3)] the requirements of:
3303	3301		(A) laws relating to open meetings, public
3304	3302		information, administrative procedure, and disclosure of conflicts
3305	3303		of interest; and
3306	3304		(B) other laws applicable to members of the board
3307	3305		in performing their duties; and
3308	3306		(7) [(4)] any applicable ethics policies adopted by
3309	3307		the board or the Texas Ethics Commission.
3310	3308		(d) The executive director of the executive council shall
3311	3309		create a training manual that includes the information required by
3312	3310		Subsection (b). The executive director shall distribute a copy of
3313	3311		the training manual annually to each board member. Each member of
3314	3312		the board shall sign and submit to the executive director a
3315	3313		statement acknowledging that the member received and has reviewed
3316	3314		the training manual.
3317	3315		SECTION 2.087. Section 505.201, Occupations Code, is
3318	3316		amended to read as follows:
3319	3317		Sec. 505.201. GENERAL RULEMAKING AND ENFORCEMENT AUTHORITY
3320	3318		OF EXECUTIVE COUNCIL. (a) The executive council [board] may:
3321	3319		(1) adopt and enforce rules necessary to perform the
3322	3320		executive council's [board's] duties under this chapter;
3323	3321		(2) establish standards of conduct and ethics for
3324	3322		license holders; and
3325	3323		(3) ensure strict compliance with and enforcement of
3326	3324		this chapter.
3327	3325		(b) [In adopting rules under this section, the board shall
3328	3326		consider the rules and procedures of the department. The board
3329	3327		shall adopt procedural rules, which may not be inconsistent with
3330	3328		similar rules and procedures of the department.
3331	3329		[(c)] The executive council [board] by rule may define a
3332	3330		term not defined under Section 505.002 if a definition is necessary
3333	3331		to administer or enforce this chapter.
3334	3332		(c) [(e)] For each type of license issued under this
3335	3333		chapter, the executive council [board] shall establish:
3336	3334		(1) the minimum eligibility requirements;
3337	3335		(2) educational requirements;
3338	3336		(3) professional experience criteria;
3339	3337		(4) supervision requirements; and
3340	3338		(5) independent practice criteria.
3341	3339		(d) [(f)] The executive council [board] shall establish
3342	3340		procedures for recognition of independent practice.
3343	3341		SECTION 2.088. Subchapter D, Chapter 505, Occupations Code,
3344	3342		is amended by adding Section 505.2015 to read as follows:
3345	3343		Sec. 505.2015. BOARD DUTIES. The board shall propose to the
3346	3344		executive council:
3347	3345		(1) rules regarding:
3348	3346		(A) the qualifications necessary to obtain a
3349	3347		license or order of recognition of specialty, including rules
3350	3348		limiting an applicant's eligibility for a license or order based on
3351	3349		the applicant's criminal history;
3352	3350		(B) the scope of practice of and standards of
3353	3351		care and ethical practice for social work; and
3354	3352		(C) continuing education requirements for
3355	3353		license holders or holders of orders of recognition of specialty;
3356	3354		and
3357	3355		(2) a schedule of sanctions for violations of this
3358	3356		chapter or rules adopted under this chapter.
3359	3357		SECTION 2.089. Section 505.206, Occupations Code, is
3360	3358		amended to read as follows:
3361	3359		Sec. 505.206. ROSTER OF INDEPENDENT SOCIAL WORKERS. The
3362	3360		executive council [board] shall publish a roster of persons
3363	3361		recognized under Section 505.307 as qualified for the independent
3364	3362		practice of social work.
3365	3363		SECTION 2.090. Section 505.301, Occupations Code, is
3366	3364		amended to read as follows:
3367	3365		Sec. 505.301. ESTABLISHMENT OF SPECIALTY AREA. (a) The
3368	3366		executive council [board] may establish within the scope of social
3369	3367		work practice and this chapter specialty areas of social work for
3370	3368		license holders under this chapter who are licensed in good
3371	3369		standing if establishment of the specialty areas:
3372	3370		(1) is necessary to promote the public interest; and
3373	3371		(2) assists the public in identifying qualified
3374	3372		persons in a social work practice specialty.
3375	3373		(b) The executive council [board] may not authorize a
3376	3374		specialty area within the practice of social work unless the
3377	3375		executive council [board] sets the minimum qualifications for
3378	3376		social work practice with appropriate supervision and examination,
3379	3377		as determined by the executive council [board].
3380	3378		(c) The executive council [board] may not establish a
3381	3379		specialty area of social work or a specialty area identification
3382	3380		that conflicts with a state licensing law.
3383	3381		SECTION 2.091. Section 505.302(a), Occupations Code, is
3384	3382		amended to read as follows:
3385	3383		(a) In establishing a specialty area of social work, the
3386	3384		executive council [board] shall:
3387	3385		(1) define the scope of the specialty;
3388	3386		(2) establish qualifications for specialty area
3389	3387		practitioners that describe, in accordance with Subdivision (1),
3390	3388		the scope of the specialty area;
3391	3389		(3) adopt rules of conduct to ensure strict compliance
3392	3390		with and enforcement of this chapter; and
3393	3391		(4) adopt rules for the suspension or revocation of an
3394	3392		order of recognition of specialty.
3395	3393		SECTION 2.092. Sections 505.303(a) and (c), Occupations
3396	3394		Code, are amended to read as follows:
3397	3395		(a) The executive council [board] shall establish a
3398	3396		specialty area for the practice of clinical social work that is
3399	3397		available only to a licensed master social worker who satisfies the
3400	3398		minimum number of years of active social work practice with
3401	3399		appropriate supervision and clinical examination, as determined by
3402	3400		the executive council [board].
3403	3401		(c) For purposes of Subchapter C, Chapter 1451, Insurance
3404	3402		Code:
3405	3403		(1) a person recognized as qualified for the
3406	3404		independent practice of clinical social work may use the title
3407	3405		"Licensed Clinical Social Worker" or another title approved by the
3408	3406		executive council [board]; and
3409	3407		(2) a [board-approved] title approved by the executive
3410	3408		council under this subsection has the same meaning and effect as the
3411	3409		title "Licensed Clinical Social Worker."
3412	3410		SECTION 2.093. Section 505.304, Occupations Code, is
3413	3411		amended to read as follows:
3414	3412		Sec. 505.304. ORDER OF RECOGNITION OF SPECIALTY. (a) The
3415	3413		executive council [board] shall prescribe the name, design, and
3416	3414		content of an order of recognition of specialty.
3417	3415		(b) An order of recognition of specialty must:
3418	3416		(1) state the full name of the person recognized in the
3419	3417		order; and
3420	3418		(2) state the official specialty serial number [;
3421	3419		[(3) include the presiding officer's signature; and
3422	3420		[(4) include the board's official seal].
3423	3421		SECTION 2.094. Section 505.305, Occupations Code, is
3424	3422		amended to read as follows:
3425	3423		Sec. 505.305. RECOGNITION OF SPECIALTY; ISSUANCE OF ORDER.
3426	3424		(a) The executive council [board] shall recognize a social worker
3427	3425		as qualified for the practice of a specialty area of social work if
3428	3426		the social worker satisfies the recognition requirements
3429	3427		established by the executive council [board] and the executive
3430	3428		council [board] determines that the person is worthy of the public
3431	3429		trust in performing services within the scope of the specialty
3432	3430		area.
3433	3431		(b) The executive council [board] shall issue an order of
3434	3432		recognition of specialty to a social worker who is recognized as
3435	3433		qualified for the practice of a specialty area of social work. The
3436	3434		order of recognition of specialty evidences the state's recognition
3437	3435		of the social worker as a specialty social work practitioner under
3438	3436		the identification or title designated by the executive council
3439	3437		[board].
3440	3438		SECTION 2.095. Section 505.306, Occupations Code, is
3441	3439		amended to read as follows:
3442	3440		Sec. 505.306. PROHIBITED USE OF SPECIALTY AREA
3443	3441		IDENTIFICATION OR TITLE. If the executive council [board]
3444	3442		establishes a specialty area of social work, a social worker may not
3445	3443		use the specialty area identification or title designated by the
3446	3444		executive council [board] unless the person is recognized as
3447	3445		qualified for the practice of the specialty area under this
3448	3446		chapter.
3449	3447		SECTION 2.096. Section 505.307, Occupations Code, is
3450	3448		amended to read as follows:
3451	3449		Sec. 505.307. INDEPENDENT PRACTICE RECOGNITION; MINIMUM
3452	3450		QUALIFICATIONS. (a) The executive council [board] shall establish
3453	3451		procedures for recognizing a social worker qualified for the
3454	3452		independent practice of social work.
3455	3453		(b) A social worker may not be recognized as qualified for
3456	3454		the independent practice of social work unless the person satisfies
3457	3455		the requirements of social work education, experience, and
3458	3456		supervision as determined by the executive council [board].
3459	3457		SECTION 2.097. Section 505.352, Occupations Code, is
3460	3458		amended to read as follows:
3461	3459		Sec. 505.352. LICENSE APPLICATION. A person may apply for a
3462	3460		license under this chapter by submitting an application to the
3463	3461		executive council [board]. The application must:
3464	3462		(1) be on a form prescribed by the executive council
3465	3463		[board]; and
3466	3464		(2) contain statements made under oath regarding the
3467	3465		applicant's education and experience and any other information
3468	3466		required by the executive council [board] that qualifies the
3469	3467		applicant for a license.
3470	3468		SECTION 2.098. Section 505.353, Occupations Code, is
3471	3469		amended to read as follows:
3472	3470		Sec. 505.353. ELIGIBILITY. (a) To be eligible for a
3473	3471		license under this chapter, an applicant must:
3474	3472		(1) be at least 18 years of age;
3475	3473		(2) be worthy of the public trust and confidence;
3476	3474		(3) satisfy the education and experience requirements
3477	3475		under this section; and
3478	3476		(4) pass the licensing examination conducted by the
3479	3477		executive council [board] under Section 505.354 and the
3480	3478		jurisprudence examination conducted by the executive council
3481	3479		[board] under Section 505.3545.
3482	3480		(b) An applicant may take the licensing examination
3483	3481		conducted by the executive council [board] under Section 505.354
3484	3482		for:
3485	3483		(1) a master social worker license if the applicant
3486	3484		possesses a doctoral or master's degree in social work from a
3487	3485		graduate program that is accredited by or is in candidacy for
3488	3486		accreditation by the Council on Social Work Education;
3489	3487		(2) a baccalaureate social worker license if the
3490	3488		applicant possesses a baccalaureate degree in social work from an
3491	3489		educational program that is accredited by or is in candidacy for
3492	3490		accreditation by the Council on Social Work Education; or
3493	3491		(3) a clinical social worker license if the applicant
3494	3492		possesses a doctoral or master's degree in social work from an
3495	3493		accredited graduate program approved by the executive council
3496	3494		[board] and meets the qualifications for clinical social work
3497	3495		practice as determined by the executive council [board] under this
3498	3496		chapter.
3499	3497		(c) The executive council [board] may require an applicant
3500	3498		to submit documentary evidence of the quality, scope, and nature of
3501	3499		the applicant's experience and competence to:
3502	3500		(1) determine the credibility and acceptability of the
3503	3501		applicant's professional or technical experience or competence;
3504	3502		and
3505	3503		(2) ensure the public safety, health, and welfare.
3506	3504		SECTION 2.099. Sections 505.354(a), (b), and (e),
3507	3505		Occupations Code, are amended to read as follows:
3508	3506		(a) The board[, at least once each calendar year,] shall
3509	3507		prepare [and administer] an examination to assess an applicant's
3510	3508		qualifications for a license under this chapter. The executive
3511	3509		council shall administer the examination at least once each
3512	3510		calendar year.
3513	3511		(b) Each license examination shall be conducted in a manner
3514	3512		that is determined by the executive council [board] and is fair and
3515	3513		impartial to each applicant and school or system of social work.
3516	3514		(e) The executive council [board] shall have the written
3517	3515		portion of the examination, if any, validated by an independent
3518	3516		testing entity.
3519	3517		SECTION 2.100. Section 505.3545, Occupations Code, is
3520	3518		amended to read as follows:
3521	3519		Sec. 505.3545. JURISPRUDENCE EXAMINATION. (a) The board
3522	3520		shall develop [and administer at least twice each calendar year] a
3523	3521		jurisprudence examination to determine an applicant's knowledge of
3524	3522		this chapter, [board] rules adopted under this chapter, and any
3525	3523		other applicable laws of this state affecting the applicant's
3526	3524		social work practice. The executive council shall administer the
3527	3525		examination at least twice each calendar year.
3528	3526		(b) The executive council [board] shall adopt rules to
3529	3527		implement this section, including rules related to the development
3530	3528		and administration of the examination, examination fees,
3531	3529		guidelines for reexamination, grading the examination, and
3532	3530		providing notice of examination results.
3533	3531		SECTION 2.101. Section 505.357(a), Occupations Code, is
3534	3532		amended to read as follows:
3535	3533		(a) The executive council [board] shall issue a temporary
3536	3534		license to an applicant who:
3537	3535		(1) has not taken the licensing examination under
3538	3536		Section 505.354 or the jurisprudence examination under Section
3539	3537		505.3545; and
3540	3538		(2) satisfies the requirements for obtaining a license
3541	3539		under this chapter other than passing the licensing and
3542	3540		jurisprudence examinations.
3543	3541		SECTION 2.102. Section 505.3575, Occupations Code, is
3544	3542		amended to read as follows:
3545	3543		Sec. 505.3575. ISSUANCE OF LICENSES TO CERTAIN OUT-OF-STATE
3546	3544		APPLICANTS. (a) Notwithstanding any other licensing requirement
3547	3545		of this subchapter:
3548	3546		(1) the executive council [board] may not require an
3549	3547		applicant who is licensed in good standing in another state to pass
3550	3548		a licensing examination conducted by the executive council [board]
3551	3549		under Section 505.354 if an applicant with substantially equivalent
3552	3550		experience who resides in this state would not be required to take
3553	3551		the licensing examination; and
3554	3552		(2) the executive council [board] may issue a license
3555	3553		to an applicant who is currently licensed in another state to
3556	3554		independently practice social work if:
3557	3555		(A) after an assessment, the executive council
3558	3556		[board] determines that the applicant:
3559	3557		(i) demonstrates sufficient experience and
3560	3558		competence;
3561	3559		(ii) has passed the jurisprudence
3562	3560		examination conducted by the executive council [board] under
3563	3561		Section 505.3545; and
3564	3562		(iii) at the time of the application, is in
3565	3563		good standing with the regulatory agency of the state in which the
3566	3564		applicant is licensed; and
3567	3565		(B) the applicant presents to the executive
3568	3566		council [board] credentials that the applicant obtained from a
3569	3567		national accreditation organization and the executive council
3570	3568		[board] determines that the requirements to obtain the credentials
3571	3569		are sufficient to minimize any risk to public safety.
3572	3570		(b) When assessing the experience and competence of an
3573	3571		applicant for the purposes of this section, the executive council
3574	3572		[board] may take into consideration any supervision received by the
3575	3573		applicant in another state or jurisdiction if the executive council
3576	3574		[board] determines that the supervision would be taken into
3577	3575		consideration for the purpose of licensing or certification in the
3578	3576		state or jurisdiction in which the applicant received the
3579	3577		supervision.
3580	3578		SECTION 2.103. Section 505.358, Occupations Code, is
3581	3579		amended to read as follows:
3582	3580		Sec. 505.358. PROVISIONAL LICENSE. (a) A person may apply
3583	3581		for a provisional license as a social worker by paying the
3584	3582		appropriate fee and filing an application with the executive
3585	3583		council [board]. The executive council [board] may issue a
3586	3584		provisional license to a person who meets the requirements of this
3587	3585		section.
3588	3586		(b) An applicant for a provisional license must:
3589	3587		(1) be licensed or certified in good standing as a
3590	3588		social worker in another state or jurisdiction that has licensing
3591	3589		or certification requirements determined by the executive council
3592	3590		[board] to be substantially equivalent to the requirements of this
3593	3591		chapter;
3594	3592		(2) have passed a national or other examination
3595	3593		recognized by the executive council [board] relating to the
3596	3594		practice of social work; and
3597	3595		(3) be sponsored by a person licensed under this
3598	3596		chapter with whom the provisional license holder may practice
3599	3597		social work.
3600	3598		(c) An applicant is not required to comply with Subsection
3601	3599		(b)(3) if the executive council [board] determines that compliance
3602	3600		constitutes a hardship to the applicant.
3603	3601		(d) A provisional license is valid until the date the
3604	3602		executive council [board] approves or denies the provisional
3605	3603		license holder's application for a license under Section 505.359.
3606	3604		SECTION 2.104. Section 505.359, Occupations Code, is
3607	3605		amended to read as follows:
3608	3606		Sec. 505.359. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE
3609	3607		HOLDER. (a) The executive council [board] shall issue an
3610	3608		appropriate license to a provisional license holder:
3611	3609		(1) who passes the licensing examination under Section
3612	3610		505.354 and the jurisprudence examination under Section 505.3545;
3613	3611		(2) for whom the executive council [board] verifies
3614	3612		that the person satisfies the academic and experience requirements
3615	3613		under Section 505.353; and
3616	3614		(3) who satisfies any other license requirements under
3617	3615		this chapter.
3618	3616		(b) The executive council [board] shall complete the
3619	3617		processing of a provisional license holder's application for a
3620	3618		license not later than the 180th day after the date the provisional
3621	3619		license is issued or the date licenses are issued after successful
3622	3620		completion of the next licensing and jurisprudence examinations,
3623	3621		whichever date is later.
3624	3622		(c) The executive council [board] may waive a license
3625	3623		requirement for an applicant who is licensed or certified in
3626	3624		another state if this state has entered into a reciprocity
3627	3625		agreement with that state.
3628	3626		SECTION 2.105. Section 505.401(a-1), Occupations Code, is
3629	3627		amended to read as follows:
3630	3628		(a-1) The executive council [board] by rule shall adopt a
3631	3629		system under which licenses and orders of recognition of specialty
3632	3630		expire on various dates during the year.
3633	3631		SECTION 2.106. Section 505.405, Occupations Code, is
3634	3632		amended to read as follows:
3635	3633		Sec. 505.405. GROUNDS FOR REFUSING RENEWAL. The executive
3636	3634		council [board] may refuse to renew the license of a person who
3637	3635		fails to pay an administrative penalty imposed under Subchapter H,
3638	3636		Chapter 507, [K] unless enforcement of the penalty is stayed or a
3639	3637		court has ordered that the administrative penalty is not owed.
3640	3638		SECTION 2.107. The heading to Subchapter I, Chapter 505,
3641	3639		Occupations Code, is amended to read as follows:
3642	3640		SUBCHAPTER I. [DENIAL OF LICENSE OR ORDER AND] DISCIPLINARY ACTION
3643	3641		[PROCEDURES]
3644	3642		SECTION 2.108. Section 505.451, Occupations Code, is
3645	3643		amended to read as follows:
3646	3644		Sec. 505.451. GROUNDS FOR [DENIAL OF LICENSE OR ORDER OF
3647	3645		RECOGNITION OF SPECIALTY;] DISCIPLINARY ACTION. The executive
3648	3646		council [board] shall take disciplinary action under Subchapter G,
3649	3647		Chapter 507, against a person [deny an application for a license or
3650	3648		order of recognition of specialty and shall revoke or suspend,
3651	3649		including a suspension on an emergency basis, a license or order,
3652	3650		place a holder of a license or order that has been suspended on
3653	3651		probation, refuse to renew a person's license, or reprimand a
3654	3652		holder of a license or order] for:
3655	3653		(1) violating this chapter or a rule adopted [by the
3656	3654		board] under this chapter;
3657	3655		(2) circumventing or attempting to circumvent the
3658	3656		requirements of this chapter or a rule adopted [by the board] under
3659	3657		this chapter;
3660	3658		(3) directly or indirectly participating in a scheme
3661	3659		to evade the requirements of this chapter or a rule adopted [by the
3662	3660		board] under this chapter;
3663	3661		(4) engaging in unethical conduct;
3664	3662		(5) engaging in conduct that discredits or tends to
3665	3663		discredit the social work profession;
3666	3664		(6) performing an act, allowing an omission, or making
3667	3665		an assertion or representation that is fraudulent, deceitful, or
3668	3666		misleading or that tends to create a misleading impression;
3669	3667		(7) knowingly associating with or permitting the use
3670	3668		of a license holder's professional services or identification in
3671	3669		connection with an enterprise that the person knows or should have
3672	3670		known in the exercise of reasonable diligence violates this chapter
3673	3671		or a rule adopted [by the board] under this chapter;
3674	3672		(8) knowingly associating with or permitting the use
3675	3673		of a license holder's name, professional services or
3676	3674		identification, or endorsement in connection with an enterprise
3677	3675		that the person knows or should have known in the exercise of
3678	3676		reasonable diligence is a trade, business, or professional practice
3679	3677		of a fraudulent, deceitful, or misleading nature;
3680	3678		(9) directly or indirectly revealing or causing to be
3681	3679		revealed a confidential communication transmitted to the license
3682	3680		holder by a client or other recipient of the license holder's
3683	3681		services unless revealing the communication is required by law;
3684	3682		(10) having been denied an application for a license
3685	3683		or certificate to practice social work in another jurisdiction for
3686	3684		a reason that the executive council [board] determines would be a
3687	3685		violation of this chapter or a rule adopted [by the board] under
3688	3686		this chapter;
3689	3687		(11) holding a license or certificate in another
3690	3688		jurisdiction that is suspended or revoked for a reason that the
3691	3689		executive council [board] determines would be a violation of this
3692	3690		chapter or a rule adopted [by the board] under this chapter;
3693	3691		(12) having been convicted of a felony in this state,
3694	3692		another state, or the United States;
3695	3693		(13) refusing to perform an act or service within the
3696	3694		scope of the license holder's license solely because of the
3697	3695		recipient's age, sex, race, religion, national origin, color, or
3698	3696		political affiliation; or
3699	3697		(14) committing an act for which liability exists
3700	3698		under Chapter 81, Civil Practice and Remedies Code.
3701	3699		SECTION 2.109. Section 505.454(a), Occupations Code, is
3702	3700		amended to read as follows:
3703	3701		(a) A person who holds an expired license or order of
3704	3702		recognition of specialty under this chapter is subject to a
3705	3703		sanction under this chapter if the executive council [board]
3706	3704		determines that the person violated this chapter or a rule adopted
3707	3705		[by the board] under this chapter during the period in which the
3708	3706		license or order was valid.
3709	3707		SECTION 2.110. Section 505.458, Occupations Code, is
3710	3708		amended to read as follows:
3711	3709		Sec. 505.458. REFUND. (a) Subject to Subsection (b), the
3712	3710		executive council [board] may order a license holder to pay a refund
3713	3711		to a consumer as provided in an agreement resulting from an informal
3714	3712		settlement conference instead of or in addition to imposing an
3715	3713		administrative penalty under this chapter.
3716	3714		(b) The amount of a refund ordered as provided in an
3717	3715		agreement resulting from an informal settlement conference may not
3718	3716		exceed the amount the consumer paid to the license holder for a
3719	3717		service regulated by this chapter. The executive council [board]
3720	3718		may not require payment of other damages or estimate harm in a
3721	3719		refund order.
3722	3720		SECTION 2.111. Section 505.505, Occupations Code, is
3723	3721		amended to read as follows:
3724	3722		Sec. 505.505. APPEAL BOND NOT REQUIRED. The executive
3725	3723		council [board or department] is not required to post an appeal bond
3726	3724		in any action arising under this chapter.
3727	3725		SECTION 2.112. Section 505.506, Occupations Code, is
3728	3726		amended to read as follows:
3729	3727		Sec. 505.506. REPRESENTATION BY ATTORNEY GENERAL. The
3730	3728		attorney general shall represent the executive council [board or
3731	3729		department] in an action brought to enforce this chapter.
3732	3730		SECTION 2.113. The following provisions of the Occupations
3733	3731		Code are repealed:
3734	3732		(1) Section 501.002(3);
3735	3733		(2) Section 501.005;
3736	3734		(3) Subchapter C, Chapter 501;
3737	3735		(4) Sections 501.151(a) and (b);
3738	3736		(5) Section 501.152;
3739	3737		(6) Section 501.154;
3740	3738		(7) Section 501.156;
3741	3739		(8) Section 501.157;
3742	3740		(9) Section 501.160;
3743	3741		(10) Section 501.161;
3744	3742		(11) Section 501.162;
3745	3743		(12) Subchapter E, Chapter 501;
3746	3744		(13) Sections 501.252(b), (c), and (d);
3747	3745		(14) Section 501.254;
3748	3746		(15) Sections 501.256(e), (f), and (g);
3749	3747		(16) Section 501.2561;
3750	3748		(17) Section 501.257;
3751	3749		(18) Section 501.258;
3752	3750		(19) Section 501.261(b);
3753	3751		(20) Section 501.302;
3754	3752		(21) Section 501.303;
3755	3753		(22) Section 501.304;
3756	3754		(23) Section 501.402;
3757	3755		(24) Section 501.403;
3758	3756		(25) Section 501.404;
3759	3757		(26) Section 501.405;
3760	3758		(27) Section 501.406;
3761	3759		(28) Section 501.409;
3762	3760		(29) Section 501.410;
3763	3761		(30) Subchapter J, Chapter 501;
3764	3762		(31) Section 501.501;
3765	3763		(32) Section 501.502;
3766	3764		(33) Section 501.504;
3767	3765		(34) Section 502.002(3);
3768	3766		(35) Section 502.003;
3769	3767		(36) Subchapter C, Chapter 502;
3770	3768		(37) Section 502.152;
3771	3769		(38) Section 502.153;
3772	3770		(39) Section 502.154;
3773	3771		(40) Section 502.156;
3774	3772		(41) Section 502.1565;
3775	3773		(42) Section 502.157;
3776	3774		(43) Section 502.158;
3777	3775		(44) Section 502.161;
3778	3776		(45) Section 502.162;
3779	3777		(46) Section 502.163;
3780	3778		(47) Subchapter E, Chapter 502;
3781	3779		(48) Section 502.255;
3782	3780		(49) Section 502.256;
3783	3781		(50) Sections 502.301(b), (c), (d), and (e);
3784	3782		(51) Section 502.302;
3785	3783		(52) Section 502.303;
3786	3784		(53) Section 502.352;
3787	3785		(54) Section 502.353;
3788	3786		(55) Section 502.354;
3789	3787		(56) Section 502.355;
3790	3788		(57) Section 502.356;
3791	3789		(58) Subchapter I, Chapter 502;
3792	3790		(59) Section 502.451;
3793	3791		(60) Section 502.452;
3794	3792		(61) Section 502.453;
3795	3793		(62) Section 502.455;
3796	3794		(63) Section 503.005;
3797	3795		(64) Subchapter D, Chapter 503;
3798	3796		(65) Section 503.202;
3799	3797		(66) Section 503.203;
3800	3798		(67) Section 503.204;
3801	3799		(68) Section 503.2045;
3802	3800		(69) Section 503.205;
3803	3801		(70) Section 503.207;
3804	3802		(71) Section 503.209;
3805	3803		(72) Section 503.210;
3806	3804		(73) Section 503.211;
3807	3805		(74) Subchapter F, Chapter 503;
3808	3806		(75) Section 503.306;
3809	3807		(76) Section 503.307;
3810	3808		(77) Section 503.354;
3811	3809		(78) Section 503.355;
3812	3810		(79) Section 503.356;
3813	3811		(80) Sections 503.401(b), (c), and (d);
3814	3812		(81) Section 503.402;
3815	3813		(82) Section 503.403;
3816	3814		(83) Section 503.404;
3817	3815		(84) Section 503.405;
3818	3816		(85) Section 503.406;
3819	3817		(86) Section 503.451;
3820	3818		(87) Section 503.454;
3821	3819		(88) Subchapter K, Chapter 503;
3822	3820		(89) Section 505.005;
3823	3821		(90) Section 505.110;
3824	3822		(91) Subchapter C, Chapter 505;
3825	3823		(92) Section 505.202;
3826	3824		(93) Section 505.203;
3827	3825		(94) Section 505.204;
3828	3826		(95) Section 505.205;
3829	3827		(96) Section 505.209;
3830	3828		(97) Section 505.210;
3831	3829		(98) Section 505.211;
3832	3830		(99) Subchapter E, Chapter 505;
3833	3831		(100) Section 505.355;
3834	3832		(101) Section 505.356;
3835	3833		(102) Section 505.402;
3836	3834		(103) Section 505.403;
3837	3835		(104) Section 505.404;
3838	3836		(105) Section 505.452;
3839	3837		(106) Section 505.453;
3840	3838		(107) Section 505.454(b);
3841	3839		(108) Section 505.455;
3842	3840		(109) Section 505.456;
3843	3841		(110) Section 505.457;
3844	3842		(111) Section 505.501;
3845	3843		(112) Section 505.503;
3846	3844		(113) Section 505.504;
3847	3845		(114) Section 505.508; and
3848	3846		(115) Subchapter K, Chapter 505.
3849	3847		ARTICLE 3. CONFORMING AMENDMENTS
3850	3848		SECTION 3.001. Article 66.104(a), Code of Criminal
3851	3849		Procedure, is amended to read as follows:
3852	3850		(a) The Texas Medical Board, the Texas Department of
3853	3851		Licensing and Regulation, only with respect to a person licensed
3854	3852		under Chapter 202, Occupations Code [State Board of Podiatric
3855	3853		Medical Examiners], the State Board of Dental Examiners, the Texas
3856	3854		State Board of Pharmacy, the Texas Behavioral Health Executive
3857	3855		Council, only with respect to a person licensed under Chapter 501,
3858	3856		Occupations Code [State Board of Examiners of Psychologists], and
3859	3857		the State Board of Veterinary Medical Examiners shall provide to
3860	3858		the Department of Public Safety through electronic means, magnetic
3861	3859		tape, or disk, as specified by the department, a list of each person
3862	3860		licensed by the respective agency, including the person's name and
3863	3861		date of birth and any other personal descriptive information
3864	3862		required by the department. Each agency shall update the
3865	3863		information and submit the updated information quarterly to the
3866	3864		department.
3867	3865		SECTION 3.002. Section 411.122(d), Government Code, is
3868	3866		amended to read as follows:
3869	3867		(d) The following state agencies are subject to this
3870	3868		section:
3871	3869		(1) Texas Appraiser Licensing and Certification
3872	3870		Board;
3873	3871		(2) Texas Board of Architectural Examiners;
3874	3872		(3) Texas Board of Chiropractic Examiners;
3875	3873		(4) State Board of Dental Examiners;
3876	3874		(5) Texas Board of Professional Engineers;
3877	3875		(6) Texas Funeral Service Commission;
3878	3876		(7) Texas Board of Professional Geoscientists;
3879	3877		(8) Health and Human Services Commission [Department
3880	3878		of State Health Services], except as provided by Section 411.110,
3881	3879		and agencies attached to the commission [department, including:
3882	3880		[(A) Texas State Board of Examiners of Marriage
3883	3881		and Family Therapists;
3884	3882		[(B) Texas State Board of Examiners of
3885	3883		Professional Counselors; and
3886	3884		[(C) Texas State Board of Social Worker
3887	3885		Examiners];
3888	3886		(9) Texas Board of Professional Land Surveying;
3889	3887		(10) Texas Department of Licensing and Regulation,
3890	3888		except as provided by Section 411.093;
3891	3889		(11) Texas Commission on Environmental Quality;
3892	3890		(12) Texas Board of Occupational Therapy Examiners;
3893	3891		(13) Texas Optometry Board;
3894	3892		(14) Texas State Board of Pharmacy;
3895	3893		(15) Texas Board of Physical Therapy Examiners;
3896	3894		(16) Texas State Board of Plumbing Examiners;
3897	3895		(17) [Texas State Board of Podiatric Medical
3898	3896		Examiners;
3899	3897		[(18)] Texas Behavioral Health Executive Council
3900	3898		[State Board of Examiners of Psychologists];
3901	3899		(18) [(19)] Texas Real Estate Commission;
3902	3900		(19) [(20)] Texas Department of Transportation;
3903	3901		(20) [(21)] State Board of Veterinary Medical
3904	3902		Examiners;
3905	3903		(21) [(22)] Texas Department of Housing and Community
3906	3904		Affairs;
3907	3905		(22) [(23)] secretary of state;
3908	3906		(23) [(24)] state fire marshal;
3909	3907		(24) [(25)] Texas Education Agency;
3910	3908		(25) [(26)] Department of Agriculture; and
3911	3909		(26) [(27)] Texas Department of Motor Vehicles.
3912	3910		SECTION 3.003. Section 2054.2606(a), Government Code, is
3913	3911		amended to read as follows:
3914	3912		(a) The following licensing entities shall establish a
3915	3913		profile system consisting of the specific license holder
3916	3914		information prescribed by Subsection (c):
3917	3915		(1) Texas Board of Chiropractic Examiners, with
3918	3916		respect to chiropractors;
3919	3917		(2) Texas Department of Licensing and Regulation
3920	3918		[State Board of Podiatric Medical Examiners], with respect to
3921	3919		podiatrists;
3922	3920		(3) State Board of Dental Examiners, with respect to
3923	3921		dentists;
3924	3922		(4) Texas Optometry Board, with respect to
3925	3923		optometrists and therapeutic optometrists;
3926	3924		(5) Texas Board of Physical Therapy Examiners, with
3927	3925		respect to physical therapists and physical therapy facilities;
3928	3926		(6) Texas Board of Occupational Therapy Examiners,
3929	3927		with respect to occupational therapists and occupational therapy
3930	3928		facilities;
3931	3929		(7) Texas Behavioral Health Executive Council [State
3932	3930		Board of Examiners of Psychologists], with respect to
3933	3931		psychologists; and
3934	3932		(8) Texas State Board of Pharmacy, with respect to
3935	3933		pharmacists and pharmacies.
3936	3934		SECTION 3.004. Section 2054.352(a), Government Code, is
3937	3935		amended to read as follows:
3938	3936		(a) The following licensing entities shall participate in
3939	3937		the system established under Section 2054.353:
3940	3938		(1) Texas Board of Chiropractic Examiners;
3941	3939		(2) Judicial Branch Certification Commission;
3942	3940		(3) State Board of Dental Examiners;
3943	3941		(4) Texas Funeral Service Commission;
3944	3942		(5) Texas Board of Professional Land Surveying;
3945	3943		(6) Texas Medical Board;
3946	3944		(7) Texas Board of Nursing;
3947	3945		(8) Texas Optometry Board;
3948	3946		(9) Department of Agriculture, for licenses issued
3949	3947		under Chapter 1951, Occupations Code;
3950	3948		(10) Texas State Board of Pharmacy;
3951	3949		(11) Executive Council of Physical Therapy and
3952	3950		Occupational Therapy Examiners;
3953	3951		(12) Texas State Board of Plumbing Examiners;
3954	3952		(13) [Texas State Board of Podiatric Medical
3955	3953		Examiners;
3956	3954		[(14)] Texas Behavioral Health Executive Council
3957	3955		[State Board of Examiners of Psychologists];
3958	3956		(14) [(15)] State Board of Veterinary Medical
3959	3957		Examiners;
3960	3958		(15) [(16)] Texas Real Estate Commission;
3961	3959		(16) [(17)] Texas Appraiser Licensing and
3962	3960		Certification Board;
3963	3961		(17) [(18)] Texas Department of Licensing and
3964	3962		Regulation;
3965	3963		(18) [(19)] Texas State Board of Public Accountancy;
3966	3964		(19) [(20)] State Board for Educator Certification;
3967	3965		(20) [(21)] Texas Board of Professional Engineers;
3968	3966		(21) Health and Human Services Commission
3969	3967		[(22) Department of State Health Services];
3970	3968		(22) [(23)] Texas Board of Architectural Examiners;
3971	3969		(23) [(24)] Texas Racing Commission;
3972	3970		(24) [(25)] Texas Commission on Law Enforcement; and
3973	3971		(25) [(26)] Texas Private Security Board.
3974	3972		SECTION 3.005. Section 36.132(a)(2), Human Resources Code,
3975	3973		is amended to read as follows:
3976	3974		(2) "Licensing authority" means:
3977	3975		(A) the Texas Medical Board;
3978	3976		(B) the State Board of Dental Examiners;
3979	3977		(C) the Texas Behavioral Health Executive
3980	3978		Council [State Board of Examiners of Psychologists];
3981	3979		(D) [the Texas State Board of Social Worker
3982	3980		Examiners;
3983	3981		[(E)] the Texas Board of Nursing;
3984	3982		(E) [(F)] the Texas Board of Physical Therapy
3985	3983		Examiners;
3986	3984		(F) [(G)] the Texas Board of Occupational
3987	3985		Therapy Examiners; or
3988	3986		(G) [(H)] another state agency authorized to
3989	3987		regulate a provider who receives or is eligible to receive payment
3990	3988		for a health care service under the Medicaid program.
3991	3989		SECTION 3.006. Sections 1451.001(9), (10), (11), (18), and
3992	3990		(19), Insurance Code, are amended to read as follows:
3993	3991		(9) "Licensed clinical social worker" means an
3994	3992		individual licensed [by the Texas State Board of Social Worker
3995	3993		Examiners] as a [licensed] clinical social worker under Chapter
3996	3994		505, Occupations Code.
3997	3995		(10) "Licensed professional counselor" means an
3998	3996		individual licensed under Chapter 503, Occupations Code [by the
3999	3997		Texas State Board of Examiners of Professional Counselors].
4000	3998		(11) "Marriage and family therapist" means an
4001	3999		individual licensed under Chapter 502, Occupations Code [by the
4002	4000		Texas State Board of Examiners of Marriage and Family Therapists].
4003	4001		(18) "Psychological associate" means an individual
4004	4002		licensed as a psychological associate by the Texas Behavioral
4005	4003		Health Executive Council [State Board of Examiners of Psychologists
4006	4004		who practices solely under the supervision of a licensed
4007	4005		psychologist].
4008	4006		(19) "Psychologist" means an individual licensed as a
4009	4007		psychologist by the Texas Behavioral Health Executive Council
4010	4008		[State Board of Examiners of Psychologists].
4011	4009		SECTION 3.007. Section 101.002, Occupations Code, is
4012	4010		amended to read as follows:
4013	4011		Sec. 101.002. COMPOSITION OF COUNCIL. The council consists
4014	4012		of 13 [14] members, with one member appointed by each of the
4015	4013		following:
4016	4014		(1) the Texas Board of Chiropractic Examiners;
4017	4015		(2) the State Board of Dental Examiners;
4018	4016		(3) the Texas Optometry Board;
4019	4017		(4) the Texas State Board of Pharmacy;
4020	4018		(5) [the Texas State Board of Podiatric Medical
4021	4019		Examiners;
4022	4020		[(6)] the State Board of Veterinary Medical Examiners;
4023	4021		(6) [(7)] the Texas Medical Board;
4024	4022		(7) [(8)] the Texas Board of Nursing;
4025	4023		(8) [(9)] the Texas Behavioral Health Executive
4026	4024		Council [State Board of Examiners of Psychologists];
4027	4025		(9) [(10)] the Texas Funeral Service Commission;
4028	4026		(10) [(11)] the entity that regulates the practice of
4029	4027		physical therapy;
4030	4028		(11) [(12)] the entity that regulates the practice of
4031	4029		occupational therapy;
4032	4030		(12) [(13)] the health licensing division of the
4033	4031		Health and Human Services Commission [Department of State Health
4034	4032		Services]; and
4035	4033		(13) [(14)] the governor's office.
4036	4034		SECTION 3.008. Section 110.001(7), Occupations Code, is
4037	4035		amended to read as follows:
4038	4036		(7) "Sex offender treatment provider" means a person,
4039	4037		licensed by the council and recognized based on training and
4040	4038		experience to provide assessment and treatment to adult sex
4041	4039		offenders or juveniles with sexual behavioral problems who have
4042	4040		been convicted, adjudicated, awarded deferred adjudication, or
4043	4041		referred by a state agency or a court, and licensed in this state to
4044	4042		practice as a physician, psychiatrist, psychologist, psychological
4045	4043		associate, provisionally licensed psychologist, licensed
4046	4044		professional counselor, licensed professional counselor intern,
4047	4045		licensed marriage and family therapist, licensed marriage and
4048	4046		family associate, licensed clinical social worker, licensed master
4049	4047		social worker under a clinical supervision plan approved by the
4050	4048		Texas Behavioral Health Executive Council [State Board of Social
4051	4049		Worker Examiners], or advanced practice nurse recognized as a
4052	4050		psychiatric clinical nurse specialist or psychiatric mental health
4053	4051		nurse practitioner, who provides mental health or medical services
4054	4052		for rehabilitation of sex offenders.
4055	4053		ARTICLE 4. TRANSITIONS AND EFFECTIVE DATE
4056	4054		SECTION 4.001. In this article:
4057	4055		(1) "Executive council" means the Texas Behavioral
4058	4056		Health Executive Council.
4059	4057		(2) "Transferring entity" means:
4060	4058		(A) the Texas State Board of Examiners of
4061	4059		Psychologists;
4062	4060		(B) the Texas State Board of Examiners of
4063	4061		Marriage and Family Therapists;
4064	4062		(C) the Texas State Board of Examiners of
4065	4063		Professional Counselors; and
4066	4064		(D) the Texas State Board of Social Worker
4067	4065		Examiners.
4068	4066		SECTION 4.002. (a) Except as provided by Subsection (b) of
4069	4067		this section, Sections 501.059, 502.059, 503.110, and 505.109,
4070	4068		Occupations Code, as amended by this Act, apply to a member of the
4071	4069		applicable board appointed before, on, or after the effective date
4072	4070		of this Act.
4073	4071		(b) A member of a board who, before the effective date of
4074	4072		this Act, completed the training program required by Section
4075	4073		501.059, 502.059, 503.110, or 505.109, Occupations Code, as the
4076	4074		applicable law existed before the effective date of this Act, is
4077	4075		required to complete additional training only on the subjects added
4078	4076		by this Act to the training program required by Section 501.059,
4079	4077		502.059, 503.110, or 505.109, Occupations Code, as applicable. A
4080	4078		board member described by this subsection may not vote, deliberate,
4081	4079		or be counted as a member in attendance at a meeting of the board
4082	4080		held on or after December 1, 2019, until the member completes the
4083	4081		additional training.
4084	4082		SECTION 4.003. (a) Section 501.2525, Occupations Code, as
4085	4083		redesignated and amended by this Act, applies only to an
4086	4084		application for a license under Chapter 501, Occupations Code, that
4087	4085		is submitted on or after the effective date of this Act. An
4088	4086		application submitted before the effective date of this Act is
4089	4087		governed by the law in effect on the date the application was
4090	4088		submitted, and the former law is continued in effect for that
4091	4089		purpose.
4092	4090		(b) A provisional license issued under Section 501.253,
4093	4091		Occupations Code, that is in effect on the effective date of this
4094	4092		Act continues to be valid until the license expires.
4095	4093		(c) Section 502.252, Occupations Code, as amended by this
4096	4094		Act, applies only to an application for a license under Chapter 502,
4097	4095		Occupations Code, submitted on or after the date on which rules
4098	4096		adopted by the Texas Behavioral Health Executive Council under that
4099	4097		section take effect. An application submitted before that date is
4100	4098		governed by the law in effect immediately before the effective date
4101	4099		of this Act, and the former law is continued in effect for that
4102	4100		purpose.
4103	4101		SECTION 4.004. Not later than August 31, 2020, an initial
4104	4102		member of the executive council shall complete the training
4105	4103		required by Section 507.059, Occupations Code, as added by this
4106	4104		Act. On or after September 1, 2020, a member of the executive
4107	4105		council may not vote, deliberate, or be counted as a member in
4108	4106		attendance at a meeting of the executive council until the member
4109	4107		has completed the training required by that section.
4110	4108		SECTION 4.005. (a) Not later than December 1, 2019, the
4111	4109		appropriate appointing authorities shall appoint the members of the
4112	4110		executive council as provided by Section 507.051, Occupations Code,
4113	4111		as added by this Act.
4114	4112		(b) Notwithstanding the terms established by Section
4115	4113		507.054, Occupations Code, as added by this Act, in making the
4116	4114		initial appointments to the executive council, the Texas State
4117	4115		Board of Examiners of Psychologists, the Texas State Board of
4118	4116		Examiners of Marriage and Family Therapists, the Texas State Board
4119	4117		of Examiners of Professional Counselors, and the Texas State Board
4120	4118		of Social Worker Examiners shall each appoint one member to a term
4121	4119		expiring February 1, 2021, and one member to a term expiring
4122	4120		February 1, 2022.
4123	4121		SECTION 4.006. (a) The Texas Behavioral Health Incubation
4124	4122		Task Force is established to assist in the establishment of and
4125	4123		transfer of regulatory programs to the executive council under this
4126	4124		Act by providing guidance to:
4127	4125		(1) the executive council regarding:
4128	4126		(A) hiring the executive director of the
4129	4127		executive council;
4130	4128		(B) developing functional alignments within the
4131	4129		organizational structure of the executive council;
4132	4130		(C) establishing any necessary accounts and
4133	4131		reporting requirements; and
4134	4132		(D) seeking input from interested parties
4135	4133		throughout the transfer; and
4136	4134		(2) the transferring entities and the executive
4137	4135		council regarding:
4138	4136		(A) the efficient transfer of necessary data; and
4139	4137		(B) the revision of existing rules to align with
4140	4138		the administrative structure of the executive council.
4141	4139		(b) The task force is composed of:
4142	4140		(1) the executive commissioner of the Health and Human
4143	4141		Services Commission, or the executive commissioner's designee;
4144	4142		(2) the executive director of the Texas Department of
4145	4143		Licensing and Regulation, or the executive director's designee;
4146	4144		(3) the executive director of the Texas State Board of
4147	4145		Examiners of Psychologists;
4148	4146		(4) a representative of the Texas State Board of
4149	4147		Examiners of Marriage and Family Therapists;
4150	4148		(5) a representative of the Texas State Board of
4151	4149		Examiners of Professional Counselors; and
4152	4150		(6) a representative of the Texas State Board of
4153	4151		Social Worker Examiners.
4154	4152		(c) The entities represented on the task force may adopt a
4155	4153		memorandum of understanding to accomplish the responsibilities and
4156	4154		duties of the task force and to ensure access by the entities of any
4157	4155		systems and information necessary to effectively transfer the
4158	4156		regulatory programs to the executive council under this Act.
4159	4157		SECTION 4.007. (a) Not later than April 1, 2020, the
4160	4158		executive council shall hire an executive director for the
4161	4159		executive council.
4162	4160		(b) Not later than July 31, 2020, the executive council
4163	4161		shall adopt procedural rules necessary to implement Chapter 507,
4164	4162		Occupations Code, as added by this Act.
4165	4163		SECTION 4.008. (a) As soon as practicable after the
4166	4164		appointment of the members of the executive council, the executive
4167	4165		council and the transferring entities shall adopt a transition plan
4168	4166		to provide for the orderly transfer of powers, duties, functions,
4169	4167		programs, and activities under this Act. The transition plan must
4170	4168		provide for the transfer of each regulatory program to be
4171	4169		completed on or before August 31, 2020.
4172	4170		(b) The transferring entities shall provide the executive
4173	4171		council with access to any systems or information necessary for the
4174	4172		executive council to accept a program transferred under this Act.
4175	4173		(c) On the date specified in the transition plan required
4176	4174		under Subsection (a) of this section for the transfer of a
4177	4175		particular program to the executive council, all full-time
4178	4176		equivalent employee positions at a transferring entity that
4179	4177		primarily concern the administration or enforcement of the program
4180	4178		being transferred become positions at the executive council. The
4181	4179		executive council shall post the positions for hiring and, when
4182	4180		filling the positions, shall give consideration to, but is not
4183	4181		required to hire, an applicant who, immediately before the date of
4184	4182		the transfer, was an employee at a transferring entity primarily
4185	4183		involved in administering or enforcing the transferred program.
4186	4184		SECTION 4.009. On the date specified in the transition plan
4187	4185		required under Section 4.008(a) of this article for the transfer of
4188	4186		a particular program to the executive council:
4189	4187		(1) a rule or fee relating to a transferred program
4190	4188		that is in effect on that date remains in effect until changed by
4191	4189		the executive council;
4192	4190		(2) a license, registration, certification, or other
4193	4191		authorization relating to a transferred program that is in effect
4194	4192		on that date is continued in effect as a license, registration,
4195	4193		certification, or other authorization of the executive council; and
4196	4194		(3) a complaint, investigation, contested case, or
4197	4195		other proceeding relating to a transferred program that is pending
4198	4196		before a transferring entity on that date is transferred without
4199	4197		change in status to the executive council.
4200	4198		SECTION 4.010. Section 507.154, Occupations Code, as added
4201	4199		by this Act, does not prohibit the appropriation of money to the
4202	4200		Behavioral Health Executive Council, as created by this Act, for
4203	4201		the state fiscal year ending August 31, 2020.
4204	4202		SECTION 4.011. To the extent of any conflict, this Act
4205	4203		prevails over another Act of the 86th Legislature, Regular Session,
4206	4204		2019, relating to nonsubstantive additions to and corrections in
4207	4205		enacted codes.
4208		-	SECTION 4.012. To the extent of any conflict, this Act
4209		-	prevails over another Act of the 86th Legislature, Regular Session,
4210		-	2019, relating to the online publication of the home address of a
4211		-	person licensed under Chapter 503 or 505, Occupations Code.
4212		-	SECTION 4.013. This Act takes effect September 1, 2019.
4213		-	______________________________ ______________________________
4214		-	President of the Senate Speaker of the House
4215		-	I certify that H.B. No. 1501 was passed by the House on April
4216		-	10, 2019, by the following vote: Yeas 134, Nays 13, 1 present, not
4217		-	voting; and that the House concurred in Senate amendments to H.B.
4218		-	No. 1501 on May 22, 2019, by the following vote: Yeas 129, Nays 14,
4219		-	2 present, not voting.
4220		-	______________________________
4221		-	Chief Clerk of the House
4222		-	I certify that H.B. No. 1501 was passed by the Senate, with
4223		-	amendments, on May 14, 2019, by the following vote: Yeas 31, Nays
4224		-	0.
4225		-	______________________________
4226		-	Secretary of the Senate
4227		-	APPROVED: __________________
4228		-	Date
4229		-	__________________
4230		-	Governor
	4206	+	SECTION 4.012. This Act takes effect September 1, 2019.
	4207	+	* * * * *