H.B. No. 1501
AN ACT
relating to the creation of the Texas Behavioral Health Executive
Council and to the continuation and transfer of the regulation of
psychologists, marriage and family therapists, professional
counselors, and social workers to the Texas Behavioral Health
Executive Council; providing civil and administrative penalties;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CREATION OF THE TEXAS BEHAVIORAL HEALTH EXECUTIVE
COUNCIL
SECTION 1.001. Subtitle I, Title 3, Occupations Code, is
amended by adding Chapter 507 to read as follows:
CHAPTER 507. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 507.001. DEFINITIONS. In this chapter:
(1) "Executive council" means the Texas Behavioral
Health Executive Council.
(2) "License" means a license, certification,
registration, or other authorization that is issued by the
executive council.
(3) "Marriage and family therapy board" means the
Texas State Board of Examiners of Marriage and Family Therapists.
(4) "Professional counseling board" means the Texas
State Board of Examiners of Professional Counselors.
(5) "Psychology board" means the Texas State Board of
Examiners of Psychologists.
(6) "Social work board" means the Texas State Board of
Social Worker Examiners.
Sec. 507.002. APPLICATION OF SUNSET ACT. The Texas
Behavioral Health Executive Council is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the executive council is abolished and
this chapter and Chapters 501, 502, 503, and 505 expire September 1,
2029.
SUBCHAPTER B. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
Sec. 507.051. EXECUTIVE COUNCIL MEMBERSHIP. (a) The Texas
Behavioral Health Executive Council consists of nine members as
follows:
(1) one marriage and family therapist member and one
public member of the marriage and family therapy board, each
appointed by that board;
(2) one licensed professional counselor member and one
public member of the professional counseling board, each appointed
by that board;
(3) one psychologist member and one public member of
the psychology board, each appointed by that board;
(4) one social worker member and one public member of
the social work board, each appointed by that board; and
(5) one public member appointed by the governor.
(b) Appointments to the executive council shall be made
without regard to the race, color, disability, sex, age, religion,
or national origin of the appointee.
Sec. 507.052. ELIGIBILITY OF PUBLIC MEMBER APPOINTED BY
GOVERNOR. A person is not eligible for appointment by the governor
as a public member of the executive council if the person or the
person's spouse:
(1) is registered, certified, or licensed by an
occupational regulatory agency in the field of health care;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the executive council, the marriage and family
therapy board, the professional counseling board, the psychology
board, or the social work board;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the executive
council, the marriage and family therapy board, the professional
counseling board, the psychology board, or the social work board;
or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the executive council, the marriage
and family therapy board, the professional counseling board, the
psychology board, or the social work board, other than compensation
or reimbursement authorized by law for executive council, marriage
and family therapy board, professional counseling board,
psychology board, or social work board membership, attendance, or
expenses.
Sec. 507.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
In this section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be a member of the executive council and
may not be an executive council employee employed in a "bona fide
executive, administrative, or professional capacity," as that
phrase is used for purposes of establishing an exemption to the
overtime provisions of the federal Fair Labor Standards Act of 1938
(29 U.S.C. Section 201 et seq.) if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of health care;
or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health care.
(c) A person may not be a member of the executive council or
act as the general counsel to the executive council if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the executive council,
the marriage and family therapy board, the professional counseling
board, the psychology board, or the social work board.
Sec. 507.054. TERMS; VACANCY. (a) The member appointed by
the governor serves a six-year term. The remaining members serve
two-year terms with the terms of four of those members expiring
February 1 of each year.
(b) A member appointed to fill a vacancy holds office for
the unexpired portion of the term.
Sec. 507.055. PRESIDING OFFICER. The member appointed by
the governor is the presiding officer of the executive council.
Sec. 507.056. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the executive council that a member:
(1) does not have at the time of taking office the
qualifications required by Section 507.051;
(2) does not maintain during service on the executive
council the qualifications required by Section 507.051;
(3) is ineligible for membership under Section 507.052
or 507.053;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled executive council meetings that the member is eligible to
attend during a calendar year without an excuse approved by a
majority vote of the executive council.
(b) The validity of an action of the executive council is
not affected by the fact that it is taken when a ground for removal
of an executive council member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the executive council of the potential ground.
The presiding officer shall then notify the appointing authority
and the attorney general that a potential ground for removal
exists. If the potential ground for removal involves the presiding
officer, the executive director shall notify the next highest
ranking officer of the executive council, who shall then notify the
appointing authority and the attorney general that a potential
ground for removal exists.
Sec. 507.057. REIMBURSEMENT. A member of the executive
council may receive reimbursement for travel expenses as provided
by the General Appropriations Act.
Sec. 507.058. MEETINGS. (a) The executive council shall
hold at least two regular meetings each year.
(b) The executive council may hold additional meetings on
the request of the presiding officer or on the written request of
three members of the executive council.
Sec. 507.059. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the executive council may
not vote, deliberate, or be counted as a member in attendance at a
meeting of the executive council until the person completes a
training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the law governing executive council operations;
(2) the programs, functions, rules, and budget of the
executive council;
(3) the scope of and limitations on the rulemaking
authority of the executive council;
(4) the types of executive council rules,
interpretations, and enforcement actions that may implicate
federal antitrust law by limiting competition or impacting prices
charged by persons engaged in a profession or business the
executive council regulates, including any rule, interpretation,
or enforcement action that:
(A) regulates the scope of practice of persons in
a profession or business the executive council regulates;
(B) restricts advertising by persons in a
profession or business the executive council regulates;
(C) affects the price of goods or services
provided by persons in a profession or business the executive
council regulates; or
(D) restricts participation in a profession or
business the executive council regulates;
(5) the results of the most recent formal audit of the
executive council;
(6) the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosure of conflicts
of interest; and
(B) other laws applicable to members of the
executive council in performing their duties; and
(7) any applicable ethics policies adopted by the
executive council or the Texas Ethics Commission.
(c) A person appointed to the executive council is entitled
to reimbursement, as provided by the General Appropriations Act,
for the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
(d) The executive director of the executive council shall
create a training manual that includes the information required by
Subsection (b). The executive director shall distribute a copy of
the training manual annually to each executive council member.
Each member of the executive council shall sign and submit to the
executive director a statement acknowledging that the member
received and has reviewed the training manual.
SUBCHAPTER C. EXECUTIVE DIRECTOR AND OTHER PERSONNEL
Sec. 507.101. EXECUTIVE DIRECTOR; PERSONNEL. The executive
council shall employ an executive director and other personnel as
necessary to administer this chapter and carry out the functions of
the executive council.
Sec. 507.102. DIVISION OF RESPONSIBILITIES. The executive
council shall develop and implement policies that clearly separate
the policymaking responsibilities of the executive council and the
management responsibilities of the executive director and the staff
of the executive council.
Sec. 507.103. CAREER LADDER PROGRAM; PERFORMANCE
EVALUATIONS. (a) The executive director or the executive
director's designee shall develop an intra-agency career ladder
program. The program must require intra-agency posting of all
nonentry level positions concurrently with any public posting.
(b) The executive director or the executive director's
designee shall develop a system of annual performance evaluations
based on measurable job tasks. All merit pay for executive council
employees must be based on the system established under this
subsection.
Sec. 507.104. EQUAL OPPORTUNITY POLICY; REPORT. (a) The
executive director or the executive director's designee shall
prepare and maintain a written policy statement to ensure
implementation of an equal opportunity program under which all
personnel transactions are made without regard to race, color,
disability, sex, age, religion, or national origin. The policy
statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, appointment, training, and
promotion of personnel, that are in compliance with the
requirements of Chapter 21, Labor Code;
(2) a comprehensive analysis of the executive council
workforce that meets federal and state guidelines;
(3) procedures by which a determination can be made of
significant underuse in the executive council workforce of all
persons for whom federal or state guidelines encourage a more
equitable balance; and
(4) reasonable methods to appropriately address those
areas of significant underuse.
(b) A policy statement prepared under Subsection (a) must:
(1) cover an annual period;
(2) be updated annually;
(3) be reviewed by the Texas Workforce Commission for
compliance with Subsection (a)(1); and
(4) be filed with the governor.
(c) The governor shall deliver a biennial report to the
legislature based on information received under Subsection (b).
The report may be made separately or as part of other biennial
reports made to the legislature.
SUBCHAPTER D. POWERS AND DUTIES
Sec. 507.151. GENERAL POWERS AND DUTIES. (a) The executive
council shall administer and enforce this chapter and Chapters 501,
502, 503, and 505.
(b) In carrying out its duties under this section, the
executive council may request input or assistance from the board
for the applicable profession.
Sec. 507.152. GENERAL RULEMAKING AUTHORITY. The executive
council shall adopt rules as necessary to perform its duties and
implement this chapter.
Sec. 507.153. LIMITATION REGARDING CERTAIN RULES. (a)
Unless the rule has been proposed by the applicable board for the
profession, the executive council may not adopt under this chapter
or Chapter 501, 502, 503, or 505:
(1) a rule regarding:
(A) the qualifications necessary to obtain a
license, including limiting an applicant's eligibility for a
license based on the applicant's criminal history;
(B) the scope of practice of and standards of
care and ethical practice for the profession; or
(C) continuing education requirements for
license holders; or
(2) a schedule of sanctions for violations of the laws
and rules applicable to the profession.
(b) For each rule proposed under Subsection (a), the
executive council shall either adopt the rule as proposed or return
the rule to the applicable board for revision. On the return of a
rule under this subsection, the executive council shall include an
explanation of the executive council's reasons for not adopting the
rule as proposed.
(c) The executive council retains authority for final
adoption of all rules and is responsible for ensuring compliance
with all laws regarding the rulemaking process.
(d) The executive council shall adopt rules prescribing the
procedure by which rules described by Subsection (a) may be
proposed to the executive council.
Sec. 507.154. FEES. The executive council shall set fees in
amounts reasonable and necessary to cover the costs of
administering this chapter and Chapters 501, 502, 503, and 505,
including fees for:
(1) licenses issued by the executive council;
(2) license renewals and late renewals;
(3) examinations; and
(4) any other program or activity administered by the
executive council for which a fee is authorized.
Sec. 507.155. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The executive council may not adopt rules restricting
advertising or competitive bidding by a person regulated by the
executive council except to prohibit false, misleading, or
deceptive practices.
(b) The executive council may not include in rules to
prohibit false, misleading, or deceptive practices by a person
regulated by the executive council a rule that:
(1) restricts the person's use of any advertising
medium;
(2) restricts the person's personal appearance or use
of the person's voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the person; or
(4) restricts the use of a trade name in advertising by
the person.
Sec. 507.156. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.
The executive council shall adopt rules and guidelines as necessary
to comply with Chapter 53.
Sec. 507.157. CONTINUING EDUCATION. The executive council
shall recognize, prepare, or administer continuing education
programs for license holders. A license holder must participate in
the programs to the extent required by the executive council to keep
the person's license.
Sec. 507.158. USE OF TECHNOLOGY. The executive council
shall implement a policy requiring the executive council to use
appropriate technological solutions to improve the executive
council's ability to perform its functions. The policy must ensure
that the public is able to interact with the executive council on
the Internet.
Sec. 507.159. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION POLICY. (a) The executive council shall
develop a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of executive council rules;
and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the executive
council's jurisdiction.
(b) The executive council's procedures relating to
alternative dispute resolution must conform, to the extent
possible, to any model guidelines issued by the State Office of
Administrative Hearings for the use of alternative dispute
resolution by state agencies.
(c) The executive council shall:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) provide training as needed to implement the
procedures for negotiated rulemaking and alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures.
Sec. 507.160. ANNUAL REGISTRY. (a) The executive council
shall annually prepare a registry of all license holders.
(b) The executive council shall make the registry available
to the public, license holders, and other state agencies.
(c) The executive council may not include the home address
of a license holder in a registry the executive council publishes on
the executive council's Internet website unless the person requests
that the person's home address appear in the registry on the
website. A request under this subsection must be made in the manner
prescribed by the executive council.
(d) The home address of a license holder that is included in
a registry the executive council prepares under this section is
public information and is not excepted from required disclosure
under Chapter 552, Government Code.
SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
Sec. 507.201. PUBLIC INTEREST INFORMATION. (a) The
executive council shall prepare information of public interest
describing the functions of the executive council and the
procedures by which complaints are filed with and resolved by the
executive council.
(b) The executive council shall make the information
available to the public and appropriate state agencies.
Sec. 507.202. COMPLAINTS. (a) The executive council by
rule shall establish methods by which consumers and service
recipients are notified of the name, mailing address, and telephone
number of the executive council for the purpose of directing
complaints to the executive council. The executive council may
provide for that notice:
(1) on each registration form, application, or written
contract for services of a person regulated by the executive
council;
(2) on a sign prominently displayed in the place of
business of a person regulated by the executive council; or
(3) in a bill for services provided by a person
regulated by the executive council.
(b) The executive council shall list with its regular
telephone number any toll-free telephone number established under
other state law that may be called to present a complaint about a
person regulated by the executive council.
Sec. 507.203. INFORMATION ABOUT COMPLAINT ACTIONS. (a)
The executive council shall maintain a system to promptly and
efficiently act on complaints filed with the executive council.
The executive council shall maintain information about parties to
the complaint, the subject matter of the complaint, a summary of the
results of the review or investigation of the complaint, and its
disposition.
(b) The executive council shall make information available
describing its procedures for complaint investigation and
resolution.
(c) The executive council shall periodically notify the
parties to a complaint of the status of the complaint until final
disposition of the complaint.
Sec. 507.204. GENERAL RULES REGARDING COMPLAINT
INVESTIGATION. (a) The executive council shall adopt rules
concerning the investigation of a complaint filed with the
executive council. The rules adopted under this section must:
(1) distinguish between categories of complaints;
(2) ensure that a complaint is not dismissed without
appropriate consideration;
(3) require that the executive council be advised of a
complaint that is dismissed and that a letter be sent to the person
who filed the complaint explaining the action taken on the
complaint;
(4) ensure that the person who files a complaint has an
opportunity to explain the allegations made in the complaint; and
(5) prescribe guidelines concerning the categories of
complaints that require the use of a private investigator and
prescribe the procedures for the executive council to obtain the
services of a private investigator.
(b) The executive council shall:
(1) dispose of a complaint in a timely manner; and
(2) establish a schedule for conducting each phase of
the disposition of a complaint that is under the control of the
executive council not later than the 30th day after the date the
executive council receives the complaint.
(c) The executive council shall notify the parties to a
complaint of the projected time requirements for pursuing the
complaint.
(d) The executive council shall notify the parties to a
complaint of any change in the schedule not later than the seventh
day after the date the change is made.
(e) The executive director shall notify the executive
council of a complaint that is unresolved after the time prescribed
by the executive council for resolving the complaint so that the
executive council may take necessary action on the complaint.
(f) The executive council shall assign priorities and
investigate complaints based on:
(1) the severity of the conduct alleged in the
complaint; and
(2) the degree of harm to public health and safety.
Sec. 507.205. CONFIDENTIALITY OF COMPLAINT INFORMATION.
(a) Except as provided by Subsection (b), a complaint and
investigation and all information and materials compiled by the
executive council in connection with the complaint and
investigation are not subject to:
(1) disclosure under Chapter 552, Government Code; or
(2) disclosure, discovery, subpoena, or other means of
legal compulsion for release of information to any person.
(b) A complaint or investigation subject to Subsection (a)
and all information and materials compiled by the executive council
in connection with the complaint may be disclosed to:
(1) the executive council and executive council
employees or agents involved in license holder discipline;
(2) a party to a disciplinary action against the
license holder or that party's designated representative;
(3) the board for the applicable profession;
(4) a law enforcement agency;
(5) a governmental agency, if:
(A) the disclosure is required or permitted by
law; and
(B) the agency obtaining the disclosure protects
the identity of any patient whose records are examined; or
(6) a person engaged in bona fide research, if all
information identifying a specific individual has been deleted.
(c) Unless good cause for delay is shown to the presiding
officer at the hearing, the executive council shall provide the
license holder with access to all information that the executive
council intends to offer into evidence at the hearing not later than
the 30th day after the date the executive council receives a written
request from a license holder who is entitled to a hearing under
this chapter or from the license holder's attorney of record.
(d) The executive council shall protect the identity of any
patient whose records are examined in connection with a
disciplinary investigation or proceeding against a license holder,
except a patient who:
(1) initiates the disciplinary action; or
(2) has submitted a written consent to release the
records.
Sec. 507.206. SUBPOENAS. (a) In the investigation of a
complaint filed with the executive council, the executive director
or presiding officer of the executive council may issue a subpoena
to compel the attendance of a relevant witness or the production,
for inspection or copying, of relevant evidence that is in this
state.
(b) A subpoena may be served personally or by certified
mail.
(c) If a person fails to comply with a subpoena, the
executive council, acting through the attorney general, may file
suit to enforce the subpoena in a district court in Travis County or
in the county in which a hearing conducted by the executive council
may be held.
(d) On finding that good cause exists for issuing the
subpoena, the court shall order the person to comply with the
subpoena. The court may punish a person who fails to obey the court
order.
(e) The executive council shall pay a reasonable fee for
photocopies subpoenaed under this section in an amount not to
exceed the amount the executive council may charge for copies of its
records.
(f) The reimbursement of the expenses of a witness whose
attendance is compelled under this section is governed by Section
2001.103, Government Code.
(g) Information and materials subpoenaed or compiled by the
executive council in connection with the investigation of a
complaint may be disclosed only as provided by Section 507.205.
Sec. 507.207. PUBLIC PARTICIPATION. The executive council
shall develop and implement policies that provide the public with a
reasonable opportunity to appear before the executive council and
to speak on any issue under the jurisdiction of the executive
council.
SUBCHAPTER F. GENERAL LICENSING PROVISIONS
Sec. 507.251. CRIMINAL HISTORY RECORD INFORMATION FOR
LICENSE ISSUANCE. (a) The executive council shall require that an
applicant for a license submit a complete and legible set of
fingerprints, on a form prescribed by the executive council, to the
executive council or to the Department of Public Safety for the
purpose of obtaining criminal history record information from the
Department of Public Safety and the Federal Bureau of
Investigation.
(b) The executive council may not issue a license to a
person who does not comply with the requirement of Subsection (a).
(c) The executive council shall conduct a criminal history
record information check of each applicant for a license using
information:
(1) provided by the individual under this section; and
(2) made available to the executive council by the
Department of Public Safety, the Federal Bureau of Investigation,
and any other criminal justice agency under Chapter 411, Government
Code.
(d) The executive council may:
(1) enter into an agreement with the Department of
Public Safety to administer a criminal history record information
check required under this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the Department of
Public Safety in conducting the criminal history record information
check.
Sec. 507.252. EXAMINATION RESULTS. (a) The executive
council shall notify each examinee of the results of an examination
not later than the 30th day after the date the examination is
administered. If an examination is graded or reviewed by a national
testing service, the executive council shall notify each examinee
of the results of the examination not later than the 14th day after
the date the executive council receives the results from the
testing service.
(b) If the notice of examination results graded or reviewed
by a national testing service will be delayed for longer than 90
days after the examination date, the executive council shall notify
each examinee of the reason for the delay before the 90th day.
(c) If requested in writing by a person who fails an
examination, the executive council shall provide to the person an
analysis of the person's performance on the examination.
Sec. 507.253. REEXAMINATION. The executive council by rule
shall establish:
(1) a limit on the number of times an applicant for a
license who fails an examination may retake the examination; and
(2) the requirements for retaking an examination.
Sec. 507.254. FORM OF LICENSE. A license issued by the
executive council must include the name of the board applicable to
the license holder.
Sec. 507.255. LICENSE RENEWAL. (a) A person who is
otherwise eligible to renew a license may renew an unexpired
license by paying the required renewal fee to the executive council
before the expiration date of the license.
(b) If the person's license has been expired for 90 days or
less, the person may renew the license by paying to the executive
council a fee in an amount equal to one and one-half times the
required renewal fee.
(c) If the person's license has been expired for more than
90 days but less than one year, the person may renew the license by
paying to the executive council a fee in an amount equal to two
times the required renewal fee.
(d) If the person's license has been expired for one year or
more, the person may not renew the license. The person may obtain a
new license by submitting to reexamination and complying with the
requirements and procedures for obtaining an original license.
Sec. 507.256. RENEWAL OF EXPIRED LICENSE OF OUT-OF-STATE
PRACTITIONER. (a) The executive council may renew without
reexamination an expired license of a person who was licensed in
this state, moved to another state, and is currently licensed and
has been in practice in the other state for the two years preceding
the date the person applies for renewal.
(b) The person must pay to the executive council a fee in an
amount equal to two times the required renewal fee for the license.
Sec. 507.257. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a
license issued under this chapter shall submit a complete and
legible set of fingerprints for purposes of performing a criminal
history record information check of the applicant as provided by
Section 507.251.
(b) The executive council may administratively suspend or
refuse to renew the license of a person who does not comply with the
requirement of Subsection (a).
(c) A license holder is not required to submit fingerprints
under this section for the renewal of a license if the license
holder has previously submitted fingerprints under:
(1) Section 507.251 for the initial issuance of the
license; or
(2) this section as part of a prior license renewal.
Sec. 507.258. SEARCH OF NATIONAL PRACTITIONER DATABASE.
The executive council shall establish a process to search at least
one national practitioner database to determine whether another
state has taken any disciplinary or other legal action against an
applicant or license holder before issuing an initial or renewal
license.
Sec. 507.259. ASSISTANCE IN LICENSING DETERMINATIONS. The
executive council shall adopt rules establishing the manner in
which the executive council will solicit input from and request the
assistance of the applicable board for a profession regulated by
the executive council when the executive council is considering an
application for the issuance or renewal of a license that involves
an issue related to standards of care or an applicant's
professional qualifications.
SUBCHAPTER G. DISCIPLINARY ACTIONS AND PROCEDURES
Sec. 507.301. DISCIPLINARY ACTIONS. (a) The executive
council may deny, revoke, suspend, or refuse to renew a license or
may reprimand a license holder if the applicant or license holder
violates:
(1) this chapter;
(2) a law of this state regulating the license holder's
profession;
(3) an executive council rule; or
(4) a statute or rule of another state as determined
through a search conducted as provided by Section 507.258 if the
violation would constitute a violation described by Subdivision
(1), (2), or (3) had it occurred in this state.
(b) The executive council may place on probation a person
whose license is suspended. If a license suspension is probated,
the executive council may require the person to:
(1) report regularly to the executive council on
matters that are the basis of the probation;
(2) limit the person's practice to the areas
prescribed by the executive council; or
(3) continue or review continuing professional
education until the person attains a degree of skill satisfactory
to the executive council in those areas that are the basis for the
probation.
Sec. 507.302. TEMPORARY SUSPENSION. (a) The executive
council or a three-member committee of executive council members
designated by the executive council shall temporarily suspend the
license of a license holder if the executive council or committee
determines from the evidence or information presented to it that
continued practice by the license holder would constitute a
continuing and imminent threat to the public welfare.
(b) A license may be suspended under this section without
notice or hearing on the complaint if:
(1) action is taken to initiate proceedings for a
hearing before the State Office of Administrative Hearings
simultaneously with the temporary suspension; and
(2) a hearing is held as soon as practicable under this
chapter and Chapter 2001, Government Code.
(c) The State Office of Administrative Hearings shall hold a
preliminary hearing not later than the 14th day after the date of
the temporary suspension to determine if there is probable cause to
believe that a continuing and imminent threat to the public welfare
still exists. A final hearing on the matter shall be held not later
than the 61st day after the date of the temporary suspension.
Sec. 507.303. HEARING; ADMINISTRATIVE PROCEDURE. (a) A
license holder is entitled to a hearing before the State Office of
Administrative Hearings before a sanction is imposed under this
subchapter.
(b) A proceeding under this subchapter is governed by
Chapter 2001, Government Code.
Sec. 507.304. SCHEDULE OF SANCTIONS. (a) The executive
council by rule shall adopt a broad schedule of sanctions.
(b) The State Office of Administrative Hearings shall use
the schedule for any sanction imposed under this subchapter as the
result of a hearing conducted by that office.
Sec. 507.305. INFORMAL PROCEEDINGS. (a) The executive
council by rule shall adopt procedures governing:
(1) informal disposition of a contested case under
Section 2001.056, Government Code; and
(2) an informal proceeding held in compliance with
Section 2001.054, Government Code.
(b) Rules adopted under this section must:
(1) provide the complainant and the license holder
with an opportunity to be heard; and
(2) require the presence of a member of the executive
council's legal staff or an attorney employed by the attorney
general to advise the executive council or the executive council's
employees.
Sec. 507.306. ASSISTANCE IN DISCIPLINARY PROCEEDINGS. (a)
The executive council shall adopt rules establishing the manner in
which the executive council will solicit input from and request the
assistance of the applicable board for a profession regulated by
the executive council, regarding a disciplinary proceeding before
the executive council involving an issue or complaint related to
standards of care or ethical practice.
(b) Rules adopted under this section must include a process
for referring a complaint to the applicable board if the complaint
alleges:
(1) a substantive violation of a standard of care or
ethical guideline for the profession; or
(2) an act of a license holder that violates the
profession's scope of practice.
(c) On receiving a recommended disposition of a complaint
from the applicable board, the executive council shall adopt the
recommended disposition unless the executive council determines
that:
(1) the recommended disposition would:
(A) have an anti-competitive effect;
(B) result in an administrative inconsistency;
or
(C) raise concerns relating to good governance
practices; or
(2) any recommended disciplinary penalty would
deviate substantially from the schedule of sanctions for the
applicable profession.
SUBCHAPTER H. ADMINISTRATIVE PENALTY
Sec. 507.351. IMPOSITION OF ADMINISTRATIVE PENALTY. The
executive council may impose an administrative penalty on a person
licensed or regulated by the executive council if the person
violates this chapter, a law regulating the applicable profession,
or an executive council rule.
Sec. 507.352. AMOUNT OF PENALTY. (a) The amount of an
administrative penalty may not exceed $5,000 for each violation.
Each day a violation continues or occurs is a separate violation for
purposes of imposing a penalty.
(b) The amount of the penalty must be based on:
(1) the seriousness of the violation, including:
(A) the nature, circumstances, extent, and
gravity of any prohibited act; and
(B) the hazard or potential hazard created to the
health, safety, or economic welfare of the public;
(2) the economic harm to property or the environment
caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) efforts made to correct the violation; and
(6) any other matter that justice may require.
Sec. 507.353. NOTICE OF VIOLATION AND PENALTY. If the
executive council determines that a violation occurred, the
executive council shall give written notice of the violation to the
person alleged to have committed the violation. The notice may be
given by certified mail. The notice must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the administrative penalty
recommended by the executive council; and
(3) inform the person of the person's right to a
hearing on the occurrence of the violation, the amount of the
penalty, or both.
Sec. 507.354. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
Not later than the 20th day after the date the person receives the
notice under Section 507.353, the person may in writing:
(1) accept the executive council's determination and
recommended administrative penalty; or
(2) request a hearing on the occurrence of the
violation, the amount of the penalty, or both.
(b) If the person accepts the executive council's
determination and recommended penalty, the executive council shall
issue an order and impose the recommended penalty.
Sec. 507.355. HEARING. (a) If the person requests a
hearing or fails to respond in a timely manner to the notice under
Section 507.353, the executive council shall set a hearing and give
written notice of the hearing to the person.
(b) An administrative law judge of the State Office of
Administrative Hearings shall hold the hearing.
(c) The administrative law judge shall make findings of fact
and conclusions of law and promptly issue to the executive council a
proposal for a decision as to the occurrence of the violation and
the amount of any proposed administrative penalty.
Sec. 507.356. DECISION BY EXECUTIVE COUNCIL. (a) Based on
the findings of fact, conclusions of law, and proposal for a
decision, the executive council by order may determine that:
(1) a violation occurred and impose an administrative
penalty; or
(2) a violation did not occur.
(b) The executive council shall give notice of the order to
the person. The notice must include a statement of the right of the
person to judicial review of the order.
Sec. 507.357. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
(a) Not later than the 30th day after the date the executive
council's order becomes final, the person shall:
(1) pay the administrative penalty; or
(2) file a petition for judicial review contesting the
occurrence of the violation, the amount of the penalty, or both.
(b) Within the 30-day period prescribed by Subsection (a), a
person who files a petition for judicial review may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement
in an escrow account; or
(B) giving to the court a supersedeas bond
approved by the court that is:
(i) for the amount of the penalty; and
(ii) effective until judicial review of the
executive council's order is final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the person stating that the person is financially unable to pay the
penalty and is financially unable to give the supersedeas bond; and
(B) giving a copy of the affidavit to the
executive council by certified mail.
(c) If the executive council receives a copy of an affidavit
under Subsection (b)(2), the executive council may file with the
court a contest to the affidavit not later than the fifth day after
the date the copy is received.
(d) The court shall hold a hearing on the facts alleged in
the affidavit as soon as practicable and shall stay the enforcement
of the penalty on finding that the alleged facts are true. The
person who files the affidavit has the burden of proving that the
person is financially unable to pay the penalty or to give a
supersedeas bond.
Sec. 507.358. COLLECTION OF PENALTY. If the person does not
pay the administrative penalty and enforcement of the penalty is
not stayed, the executive council may refer the matter to the
attorney general for collection of the penalty.
Sec. 507.359. DETERMINATION BY COURT. (a) If the court
sustains the determination that a violation has occurred, the court
may uphold or reduce the amount of the administrative penalty and
order the person to pay the full or reduced amount of the penalty.
(b) If the court does not sustain the determination that a
violation occurred, the court shall order that a penalty is not
owed.
Sec. 507.360. REMITTANCE OF PENALTY AND INTEREST. (a) If,
after judicial review, the administrative penalty is reduced or not
imposed by the court, the court shall, after the judgment becomes
final:
(1) order that the appropriate amount, plus accrued
interest, be remitted to the person if the person paid the penalty;
or
(2) order the release of the bond:
(A) if the person gave a supersedeas bond and the
penalty is not imposed; or
(B) after the person pays the penalty if the
person gave a supersedeas bond and the penalty is reduced.
(b) The interest paid under Subsection (a)(1) is the rate
charged on loans to depository institutions by the New York Federal
Reserve Bank. The interest shall be paid for the period beginning
on the date the penalty is paid and ending on the date the penalty is
remitted.
Sec. 507.361. ADMINISTRATIVE PROCEDURE. A proceeding under
this subchapter is subject to Chapter 2001, Government Code.
SUBCHAPTER I. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
Sec. 507.401. INJUNCTION. (a) In addition to any other
action authorized by law, the executive council may institute an
action to enjoin a violation of this chapter, a law regulating the
applicable profession, or an executive council rule.
(b) An action filed under this section must be filed in
Travis County, the county of the defendant's residence, or the
county in which any part of the violation occurred.
(c) The attorney general or the appropriate county or
district attorney shall represent the executive council in an
action under this section.
Sec. 507.402. CIVIL PENALTY. (a) A person who violates
this chapter, a law regulating the applicable profession, or an
executive council rule is liable to the state for a civil penalty
not to exceed $1,000 for each day of violation.
(b) At the request of the executive council, the attorney
general shall bring an action to recover a civil penalty authorized
under this section.
Sec. 507.403. CEASE AND DESIST ORDER. (a) If it appears to
the executive council that an unlicensed person is violating this
chapter, a law regulating the applicable profession, or an
executive council rule, the executive council, after notice and
opportunity for a hearing, may issue a cease and desist order
prohibiting the person from engaging in the activity.
(b) A violation of an order under this section constitutes
grounds for imposing an administrative penalty under Subchapter H.
Sec. 507.404. MONITORING OF LICENSE HOLDER. The executive
council by rule shall develop a system to monitor a license holder's
compliance with applicable laws and executive council rules. Rules
adopted under this section must include procedures to:
(1) monitor for compliance a license holder who is
ordered by the executive council to perform certain acts; and
(2) identify and monitor each license holder who
represents a risk to the public.
ARTICLE 2. TRANSFER OF LICENSING PROGRAMS TO TEXAS BEHAVIORAL
HEALTH EXECUTIVE COUNCIL
SECTION 2.001. Section 501.002, Occupations Code, is
amended by adding Subdivision (1-a) to read as follows:
(1-a) "Executive council" means the Texas Behavioral
Health Executive Council.
SECTION 2.002. The heading to Section 501.053, Occupations
Code, is amended to read as follows:
Sec. 501.053. MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
SECTION 2.003. Sections 501.053(b) and (c), Occupations
Code, are amended to read as follows:
(b) A person may not be a member of the board [and may not be
a board employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.)] if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of health
services; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of mental
health.
(c) A person may not be a member of the board [or act as the
general counsel to the board] if the person is required to register
as a lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession
related to the operation of the board.
SECTION 2.004. Section 501.055(c), Occupations Code, is
amended to read as follows:
(c) If the executive director of the executive council has
knowledge that a potential ground for removal exists, the executive
director shall notify the presiding officer of the board of the
potential ground. The presiding officer shall then notify the
governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal involves the
presiding officer, the executive director shall notify the next
highest ranking officer of the board, who shall then notify the
governor and the attorney general that a potential ground for
removal exists.
SECTION 2.005. Section 501.059, Occupations Code, is
amended by amending Subsection (b) and adding Subsection (d) to
read as follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing board operations;
(2) [this chapter and] the programs, functions, rules,
and budget of the board;
(3) the scope of and limitations on the rulemaking
authority of the board;
(4) the types of board rules, interpretations, and
enforcement actions that may implicate federal antitrust law by
limiting competition or impacting prices charged by persons engaged
in a profession or business the board regulates, including any
rule, interpretation, or enforcement action that:
(A) regulates the scope of practice of persons in
a profession or business the board regulates;
(B) restricts advertising by persons in a
profession or business the board regulates;
(C) affects the price of goods or services
provided by persons in a profession or business the board
regulates; or
(D) restricts participation in a profession or
business the board regulates;
(5) [(2)] the results of the most recent formal audit
of the board;
(6) [(3)] the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosure of conflicts
of interest; and
(B) other laws applicable to members of the board
in performing their duties; and
(7) [(4)] any applicable ethics policies adopted by
the board or the Texas Ethics Commission.
(d) The executive director of the executive council shall
create a training manual that includes the information required by
Subsection (b). The executive director shall distribute a copy of
the training manual annually to each board member. Each member of
the board shall sign and submit to the executive director a
statement acknowledging that the member received and has reviewed
the training manual.
SECTION 2.006. The heading to Subchapter D, Chapter 501,
Occupations Code, is amended to read as follows:
SUBCHAPTER D. [BOARD] POWERS AND DUTIES
SECTION 2.007. The heading to Section 501.151, Occupations
Code, is amended to read as follows:
Sec. 501.151. GENERAL POWERS AND DUTIES OF EXECUTIVE
COUNCIL.
SECTION 2.008. Sections 501.151(c) and (d), Occupations
Code, are amended to read as follows:
(c) The executive council [board] shall adopt and publish a
code of ethics under this chapter.
(d) The executive council [board] may certify the specialty
of health service providers under this chapter.
SECTION 2.009. Subchapter D, Chapter 501, Occupations Code,
is amended by adding Section 501.1515 to read as follows:
Sec. 501.1515. BOARD DUTIES. The board shall propose to the
executive council:
(1) rules regarding:
(A) the qualifications necessary to obtain a
license, including rules limiting an applicant's eligibility for a
license based on the applicant's criminal history;
(B) the scope of practice of and standards of
care and ethical practice for psychology; and
(C) continuing education requirements for
license holders; and
(2) a schedule of sanctions for violations of this
chapter or rules adopted under this chapter.
SECTION 2.010. Section 501.155, Occupations Code, is
amended to read as follows:
Sec. 501.155. VOLUNTARY GUIDELINES. (a) The executive
council [board] may cooperate with an agency that is not subject to
this chapter to formulate voluntary guidelines to be observed in
the training, activities, and supervision of persons who perform
psychological services.
(b) Except as provided by Subsection (a), the executive
council [board] may not adopt a rule that relates to the
administration of an agency that is not subject to this chapter.
SECTION 2.011. Section 501.158, Occupations Code, is
amended to read as follows:
Sec. 501.158. COMPETENCY REQUIREMENTS. (a) This section
applies to a person who is:
(1) applying to take the [provisional] license
examination;
(2) applying for a license or license renewal;
(3) currently licensed under this chapter [by the
board]; or
(4) otherwise providing psychological services under
a license approved by the executive council under this chapter
[board].
(b) On a determination by the executive council [board]
based on the executive council's [board's] reasonable belief that a
person is not physically and mentally competent to provide
psychological services with reasonable skill and safety to patients
or has a physical or mental disease or condition that would impair
the person's competency to provide psychological services, the
executive council [board] may request the person to submit to:
(1) a physical examination by a physician approved by
the executive council [board]; or
(2) a mental examination by a physician or
psychologist approved by the executive council [board].
(c) The executive council [board] shall issue an order
requiring a [an applicant or] person [seeking renewal of a
provisional license] who refuses to submit to an examination under
this section to show cause for the person's refusal at a hearing on
the order scheduled for not later than the 30th day after the date
notice is served on the person. The executive council [board] shall
provide notice under this section by personal service or by
registered mail, return receipt requested.
(d) At the hearing, the person may appear in person and by
counsel and present evidence to justify the person's refusal to
submit to examination. After the hearing, the executive council
[board] shall issue an order requiring the person to submit to
examination under this section or withdrawing the request for the
examination.
(e) Unless the request is withdrawn, the executive council
may take disciplinary action against a person who refuses to submit
to the physical or mental examination [may not take the provisional
license examination or renew the person's license, as appropriate].
(f) An appeal from the executive council's [board's] order
under this section is governed by Chapter 2001, Government Code.
SECTION 2.012. Section 501.252(a), Occupations Code, is
amended to read as follows:
(a) To be licensed under this chapter, a person must apply
to the executive council [board] for a license. The executive
council [board] shall issue a license to an applicant who:
(1) is qualified for the license under Section
501.2525 [complies with this section]; and
(2) pays the fee set by the executive council [board].
SECTION 2.013. Section 501.255, Occupations Code, is
redesignated as Section 501.2525, Occupations Code, and amended to
read as follows:
Sec. 501.2525 [501.255]. [PROVISIONAL] LICENSE
[EXAMINATION] QUALIFICATIONS. (a) An applicant is qualified [may
take an examination] for a [provisional] license under this chapter
if the applicant:
(1) has received:
(A) a doctoral degree in psychology from a
regionally accredited educational institution conferred on or
after January 1, 1979; or
(B) a doctoral degree in psychology, or the
substantial equivalent of a doctoral degree in psychology in both
subject matter and extent of training, from a regionally accredited
educational institution conferred before January 1, 1979;
(2) except as provided by Subsection (c) and Section
501.253, has:
(A) at least two years of supervised experience
in the field of psychological services, one year of which may be as
part of the doctoral program and at least one year of which began
after the date the person's doctoral degree was conferred by an
institution of higher education; and
(B) passed any examination required by Section
501.256;
(3) has attained the age of majority;
[(3) has good moral character;]
(4) is physically and mentally competent to provide
psychological services with reasonable skill and safety, as
determined by the executive council [board];
(5) is not afflicted with a mental or physical disease
or condition that would impair the applicant's competency to
provide psychological services;
(6) has not been convicted of a crime involving moral
turpitude or a felony;
(7) does not use drugs or alcohol to an extent that
affects the applicant's professional competency;
(8) has not engaged in fraud or deceit in making the
application; and
(9) except as provided by Section 501.263, has not:
(A) aided or abetted the practice of psychology
by a person not licensed under this chapter in representing that the
person is licensed under this chapter;
(B) represented that the applicant is licensed
under this chapter to practice psychology when the applicant is not
licensed; or
(C) practiced psychology in this state without a
license under this chapter or without being exempt under this
chapter.
(b) In determining under Subsection (a)(1)(B) whether a
degree is substantially equivalent to a doctoral degree in
psychology, the executive council [board] shall consider whether,
at the time the degree was conferred, the doctoral program met the
prevailing standards for training in the area of psychology,
including standards for training in clinical, school, and
industrial counseling.
(c) Subsection (a)(2)(A) does not apply to an applicant who:
(1) is licensed in good standing in another state to
independently practice psychology; and
(2) has independently practiced psychology in that
state for at least five years.
(d) For purposes of Subsection (a)(2)(A), experience is
supervised only if the experience is supervised by a psychologist
in the manner provided by the executive council's supervision
guidelines. To determine the acceptability of an applicant's
experience, the executive council may require documentary evidence
of the quality, scope, and nature of the applicant's experience.
The executive council may count toward the supervised experience an
applicant is required to obtain after the applicant's degree is
conferred any hours of supervised experience the applicant
completed as part of a degree program accredited by the American
Psychological Association, the Canadian Psychological Association,
or a substantially equivalent degree program.
SECTION 2.014. Section 501.253, Occupations Code, is
amended to read as follows:
Sec. 501.253. PROVISIONAL STATUS FOR CERTAIN APPLICANTS
[LICENSE]. (a) The executive council may [board shall] issue a
[provisional] license with a provisional status to an applicant who
has not satisfied the experience or examination requirements of
Section 501.2525(a)(2) but is otherwise qualified for the license
under Section 501.2525 [:
[(1) passed the examinations prescribed by the board;
[(2) satisfied the preliminary requirements of
Sections 501.254 and 501.255; and
[(3) paid the fee for a provisional license].
(b) A [provisional] license holder described by Subsection
(a) is entitled to practice psychology under the supervision of a
psychologist to meet the requirements for issuance of a license
under Section 501.2525, except that if the [501.252. A
provisional] license holder [who] is licensed in another state to
independently practice psychology and is in good standing in that
state, the license holder [and who seeks a license in this state] is
entitled to practice psychology without the supervision of a
psychologist [during the time that the board is processing the
person's application for a license].
(c) The executive council [board] shall adopt rules that
apply to a [provisional] license holder described by Subsection (a)
[holders] identifying:
(1) the activities that the license holder [holders]
may engage in; and
(2) services that may be provided by the license
holder [holders].
(d) The executive council [board] may refuse to renew a [the
provisional] license issued under Subsection (a) if the license
holder [of a person who] does not meet the requirements prescribed
by Section 501.2525(a)(2) [501.255].
(e) The executive council [board] may not restrict the
issuance of a license [or provisional license] to an applicant who
is licensed in another state to independently practice psychology
and is in good standing in that state based on the number of years
the applicant has been licensed in good standing in that state.
[(f) If an applicant who is licensed in another state to
independently practice psychology and is in good standing in that
state presents credentials from a national accreditation
organization to the board and the board determines that the
requirements for obtaining those credentials from that
organization are sufficient to protect the public, the board may
issue a provisional license to the applicant. An applicant who
obtains a provisional license under this subsection must have
passed the examination described by Section 501.256(b)(2).]
SECTION 2.015. Section 501.256, Occupations Code, is
amended by amending Subsections (a), (b), (c), and (d) and adding
Subsection (b-1) to read as follows:
(a) The executive council [board] shall administer to
qualified applicants at least annually any [the oral and] written
examination required by executive council [board] rules. An [The
board shall have the written portion of the] examination must be[,
if any,] validated by an independent testing professional.
(b) The board shall determine the subject and scope of each
examination [the examinations and establish appropriate fees for
examinations administered]. The examination must test the
applicant's knowledge of:
(1) the discipline and profession of psychology; and
(2) the laws and rules governing the profession of
psychology in this state.
(b-1) The executive council shall establish appropriate
fees for examinations administered under this chapter.
(c) The executive council [board] may waive the discipline
and professional segment of the examination requirement for an
applicant who:
(1) is a specialist of the American Board of
Professional Psychology; or
(2) in the executive council's [board's] judgment, has
demonstrated competence in the areas covered by the examination.
(d) The contents of the examination described by Subsection
(b)(2) are the jurisprudence examination. The executive council
[board] shall administer and each applicant must pass the
jurisprudence examination before the executive council [board] may
issue a [provisional] license.
SECTION 2.016. Section 501.259, Occupations Code, is
amended to read as follows:
Sec. 501.259. LICENSING OF PSYCHOLOGICAL ASSOCIATE. (a)
The executive council [board] shall set standards for the issuance
of licenses to psychological personnel who hold a master's degree
from an accredited university or college in a program that is
primarily psychological in nature.
(b) The executive council [board] shall designate a person
who holds a license authorized by this section by a title that
includes the adjective "psychological" followed by a noun such as
"associate," "assistant," "examiner," or "technician."
SECTION 2.017. Sections 501.260(a) and (b), Occupations
Code, are amended to read as follows:
(a) The executive council [board] by rule shall issue a
license to a licensed specialist in school psychology. A license
issued under this section constitutes the appropriate credential
for a person who provides psychological services as required by
Section 21.003(b), Education Code.
(b) The executive council [board] shall set the standards to
qualify for a license under this section. The standards must
include:
(1) satisfaction of minimum recognized graduate
degree requirements;
(2) completion of graduate course work at a regionally
accredited institution of higher education in:
(A) psychological foundations;
(B) educational foundations;
(C) interventions;
(D) assessments; and
(E) professional issues and ethics;
(3) completion of at least 1,200 hours of supervised
experience;
(4) receipt of a passing score on a nationally
recognized qualifying examination determined to be appropriate by
the executive council [board] and on any other examination required
by the executive council [board]; and
(5) satisfaction of the requirements under Sections
501.2525(a)(3)-(9)[, other than the degree requirements, for an
applicant to take an examination for a provisional license].
SECTION 2.018. Section 501.262, Occupations Code, is
amended to read as follows:
Sec. 501.262. RECIPROCAL LICENSE. The executive council
[board] may enter into and implement agreements with other
jurisdictions for the issuance of a license by reciprocity if the
other jurisdiction's requirements for licensing, certification, or
registration are substantially equal to the requirements of this
chapter.
SECTION 2.019. Sections 501.263(a), (b), (c), and (e),
Occupations Code, are amended to read as follows:
(a) The executive council [board] may issue a temporary
license to an applicant seeking to practice in this state for a
limited time and limited purpose if the applicant:
(1) pays the required application fee;
(2) submits an application to the executive council
[board] in the form prescribed by the executive council [board];
(3) is licensed, certified, or registered as a
psychologist or psychological associate by another state having
requirements substantially equal to those prescribed by this
chapter;
(4) is in good standing with the regulatory agency of
the jurisdiction in which the person is licensed, certified, or
registered;
(5) is supervised by a person licensed [by the board]
under this chapter with whom the temporary license holder may
consult during the time the person holds a temporary license; and
(6) has passed an examination recognized by the
executive council [board] as equivalent to the examination required
[by the board] for a permanent license under this chapter.
(b) A temporary license is valid only for the period
specified by the executive council [board] and for the limited
purpose approved by the executive council [board].
(c) The executive council [board] may adopt rules to issue a
temporary license to a person who holds a license or the equivalent
from another country.
(e) A person holding a temporary license issued under this
chapter shall display a sign indicating that the license is
temporary. The sign must be approved by the executive council
[board] and displayed in every room in which the person provides
psychological services.
SECTION 2.020. Section 501.264(a), Occupations Code, is
amended to read as follows:
(a) A psychologist may place the psychologist's license on
inactive status by applying to the executive council [board] and
paying a fee established by the executive council [board].
SECTION 2.021. Section 501.301, Occupations Code, is
amended to read as follows:
Sec. 501.301. LICENSE EXPIRATION AND RENEWAL. (a) The
executive council shall adopt rules providing for the expiration
and renewal of a [A] license issued under this chapter. The rules
must require a license be renewed annually or biennially [expires
on December 31 of the year following the date the license is issued
or renewed. A license of a psychological associate expires on May
31 of the year following the date the license is issued or renewed].
(b) The executive council [board] by rule may adopt a system
under which licenses expire on various dates during the year. For a
year in which the expiration date is changed, the executive council
[board] shall prorate the licensing fee so that each license holder
pays only the portion of the fee that is allocable to the number of
months during which the license is valid. On renewal of the license
on the new expiration date, the entire licensing fee is payable.
SECTION 2.022. Sections 501.351(a) and (c), Occupations
Code, are amended to read as follows:
(a) A psychologist licensed under this chapter may delegate
to a [provisionally licensed] psychologist who holds a license
described by Section 501.253, a newly licensed psychologist who is
not eligible for managed care panels, a person who holds a temporary
license issued under Section 501.263, or a person enrolled in a
formal internship as provided by executive council [board] rules [,
and a person who satisfies Section 501.255(a) and is in the process
of acquiring the supervised experience required by Section
501.252(b)(2)] any psychological test or service that a reasonable
and prudent psychologist could delegate within the scope of sound
psychological judgment if the psychologist determines that:
(1) the test or service can be properly and safely
performed by the person;
(2) the person does not represent to the public that
the person is authorized to practice psychology; and
(3) the test or service will be performed in the
customary manner and in compliance with any other law.
(c) The executive council [board] may determine whether:
(1) a psychological test or service may be properly
and safely delegated under this section; and
(2) a delegated act constitutes the practice of
psychology under this chapter.
SECTION 2.023. Section 501.401, Occupations Code, is
amended to read as follows:
Sec. 501.401. GROUNDS FOR DISCIPLINARY ACTION. The
executive council [board] shall take disciplinary action under
Subchapter G, Chapter 507, against [revoke or suspend a holder's
license, place on probation a person whose license has been
suspended, or reprimand] a license holder who:
(1) violates this chapter or a rule adopted under this
chapter [by the board];
(2) is convicted of a felony or of any offense that
would be a felony under the laws of this state, or of a violation of
a law involving moral turpitude;
(3) uses drugs or alcohol to an extent that affects the
person's professional competency;
(4) engages in fraud or deceit in connection with
services provided as a psychologist;
(5) except as provided by Section 501.263:
(A) aids or abets the practice of psychology by a
person not licensed under this chapter in representing that the
person is licensed under this chapter;
(B) represents that the person is licensed under
this chapter to practice psychology when the person is not
licensed; or
(C) practices psychology in this state without a
license under this chapter or without being qualified for an
exemption under Section 501.004; or
(6) commits an act for which liability exists under
Chapter 81, Civil Practice and Remedies Code.
SECTION 2.024. Section 501.407, Occupations Code, is
amended to read as follows:
Sec. 501.407. REMEDIAL CONTINUING EDUCATION. The executive
council [board] may require a license holder who violates this
chapter to participate in a continuing education program. The
executive council [board] shall specify the continuing education
program that the person may attend and the number of hours that the
person must complete to fulfill the requirements of this section.
SECTION 2.025. Section 501.408, Occupations Code, is
amended to read as follows:
Sec. 501.408. CORRECTIVE ADVERTISING. The executive
council [board] may order corrective advertising if a psychologist,
individually or under an assumed name, engages in false,
misleading, or deceptive advertising.
SECTION 2.026. Subchapter I, Chapter 501, Occupations Code,
is amended by adding Section 501.411 to read as follows:
Sec. 501.411. REMEDIAL PLAN. (a) The executive council may
issue and establish the terms of a remedial plan to resolve the
investigation of a complaint filed under this chapter.
(b) The executive council by rule shall establish the types
of complaints or violations that may be resolved with a remedial
plan. The rules must provide that a remedial plan may not be
imposed to resolve a complaint:
(1) involving conduct that poses a significant risk of
harm to a patient; or
(2) in which the appropriate resolution may involve
revoking, suspending, limiting, or restricting a person's license.
(c) A remedial plan may not contain a provision that:
(1) revokes, suspends, limits, or restricts a person's
license; or
(2) assesses an administrative penalty against a
person.
(d) The executive council may not issue a remedial plan to
resolve a complaint against a license holder if the license holder
has previously entered into a remedial plan with the executive
council for the resolution of a different complaint filed under
this chapter.
(e) The executive council may assess a fee against a license
holder participating in a remedial plan in an amount necessary to
recover the costs of administering the plan.
SECTION 2.027. Section 501.505, Occupations Code, is
amended to read as follows:
Sec. 501.505. OPTION TO ORDER REFUND. (a) Under an
agreement resulting from an informal settlement conference, the
executive council [board] may order a license holder to refund to
the person who paid for the psychological services at issue an
amount not to exceed the amount the person paid to the license
holder for a service regulated by this chapter instead of or in
addition to imposing an administrative penalty under Subchapter H,
Chapter 507 [this chapter].
(b) The executive council [board] may not include an
estimation of other damages or harm in a refund order.
SECTION 2.028. Chapter 501, Occupations Code, is amended by
adding Subchapter L to read as follows:
SUBCHAPTER L. PSYCHOLOGY INTERJURISDICTIONAL COMPACT
Sec. 501.601. PSYCHOLOGY INTERJURISDICTIONAL COMPACT. The
Psychology Interjurisdictional Compact is enacted and entered into
as follows:
PSYCHOLOGY INTERJURISDICTIONAL COMPACT
ARTICLE I. PURPOSE
Whereas, states license psychologists, in order to protect the
public through verification of education, training and experience
and ensure accountability for professional practice; and
Whereas, this Compact is intended to regulate the day to day
practice of telepsychology (i.e. the provision of psychological
services using telecommunication technologies) by psychologists
across state boundaries in the performance of their psychological
practice as assigned by an appropriate authority; and
Whereas, this Compact is intended to regulate the temporary
in-person, face-to-face practice of psychology by psychologists
across state boundaries for 30 days within a calendar year in the
performance of their psychological practice as assigned by an
appropriate authority;
Whereas, this Compact is intended to authorize State Psychology
Regulatory Authorities to afford legal recognition, in a manner
consistent with the terms of the Compact, to psychologists licensed
in another state;
Whereas, this Compact recognizes that states have a vested interest
in protecting the public's health and safety through their
licensing and regulation of psychologists and that such state
regulation will best protect public health and safety;
Whereas, this Compact does not apply when a psychologist is
licensed in both the Home and Receiving States; and
Whereas, this Compact does not apply to permanent in-person,
face-to-face practice, it does allow for authorization of temporary
psychological practice.
Consistent with these principles, this Compact is designed to
achieve the following purposes and objectives:
1. Increase public access to professional psychological
services by allowing for telepsychological practice
across state lines as well as temporary in-person,
face-to-face services into a state which the psychologist
is not licensed to practice psychology;
2. Enhance the states' ability to protect the public's health
and safety, especially client/patient safety;
3. Encourage the cooperation of Compact States in the areas of
psychology licensure and regulation;
4. Facilitate the exchange of information between Compact
States regarding psychologist licensure, adverse actions
and disciplinary history;
5. Promote compliance with the laws governing psychological
practice in each Compact State; and
6. Invest all Compact States with the authority to hold
licensed psychologists accountable through the mutual
recognition of Compact State licenses.
ARTICLE II. DEFINITIONS
A. "Adverse Action" means: Any action taken by a State Psychology
Regulatory Authority which finds a violation of a statute or
regulation that is identified by the State Psychology
Regulatory Authority as discipline and is a matter of public
record.
B. "Association of State and Provincial Psychology Boards
(ASPPB)" means: the recognized membership organization
composed of State and Provincial Psychology Regulatory
Authorities responsible for the licensure and registration of
psychologists throughout the United States and Canada.
C. "Authority to Practice Interjurisdictional Telepsychology"
means: a licensed psychologist's authority to practice
telepsychology, within the limits authorized under this
Compact, in another Compact State.
D. "Bylaws" means: those Bylaws established by the Psychology
Interjurisdictional Compact Commission pursuant to Section X
for its governance, or for directing and controlling its
actions and conduct.
E. "Client/Patient" means: the recipient of psychological
services, whether psychological services are delivered in the
context of healthcare, corporate, supervision, and/or
consulting services.
F. "Commissioner" means: the voting representative appointed by
each State Psychology Regulatory Authority pursuant to Section
X.
G. "Compact State" means: a state, the District of Columbia, or
United States territory that has enacted this Compact
legislation and which has not withdrawn pursuant to Article
XIII, Section C or been terminated pursuant to Article XII,
Section B.
H. "Coordinated Licensure Information System" also referred to as
"Coordinated Database" means: an integrated process for
collecting, storing, and sharing information on psychologists'
licensure and enforcement activities related to psychology
licensure laws, which is administered by the recognized
membership organization composed of State and Provincial
Psychology Regulatory Authorities.
I. "Confidentiality" means: the principle that data or
information is not made available or disclosed to unauthorized
persons and/or processes.
J. "Day" means: any part of a day in which psychological work is
performed.
K. "Distant State" means: the Compact State where a psychologist
is physically present (not through the use of
telecommunications technologies), to provide temporary
in-person, face-to-face psychological services.
L. "E.Passport" means: a certificate issued by the Association of
State and Provincial Psychology Boards (ASPPB) that promotes
the standardization in the criteria of interjurisdictional
telepsychology practice and facilitates the process for
licensed psychologists to provide telepsychological services
across state lines.
M. "Executive Board" means: a group of directors elected or
appointed to act on behalf of, and within the powers granted to
them by, the Commission.
N. "Home State" means: a Compact State where a psychologist is
licensed to practice psychology. If the psychologist is
licensed in more than one Compact State and is practicing under
the Authorization to Practice Interjurisdictional
Telepsychology, the Home State is the Compact State where the
psychologist is physically present when the telepsychological
services are delivered. If the psychologist is licensed in more
than one Compact State and is practicing under the Temporary
Authorization to Practice, the Home State is any Compact State
where the psychologist is licensed.
O. "Identity History Summary" means: a summary of information
retained by the FBI, or other designee with similar authority,
in connection with arrests and, in some instances, federal
employment, naturalization, or military service.
P. "In-Person, Face-to-Face" means: interactions in which the
psychologist and the client/patient are in the same physical
space and which does not include interactions that may occur
through the use of telecommunication technologies.
Q. "Interjurisdictional Practice Certificate (IPC)" means: a
certificate issued by the Association of State and Provincial
Psychology Boards (ASPPB) that grants temporary authority to
practice based on notification to the State Psychology
Regulatory Authority of intention to practice temporarily, and
verification of one's qualifications for such practice.
R. "License" means: authorization by a State Psychology
Regulatory Authority to engage in the independent practice of
psychology, which would be unlawful without the authorization.
S. "Non-Compact State" means: any State which is not at the time a
Compact State.
T. "Psychologist" means: an individual licensed for the
independent practice of psychology.
U. "Psychology Interjurisdictional Compact Commission" also
referred to as "Commission" means: the national administration
of which all Compact States are members.
V. "Receiving State" means: a Compact State where the
client/patient is physically located when the
telepsychological services are delivered.
W. "Rule" means: a written statement by the Psychology
Interjurisdictional Compact Commission promulgated pursuant
to Section XI of the Compact that is of general applicability,
implements, interprets, or prescribes a policy or provision of
the Compact, or an organizational, procedural, or practice
requirement of the Commission and has the force and effect of
statutory law in a Compact State, and includes the amendment,
repeal or suspension of an existing rule.
X. "Significant Investigatory Information" means:
1. investigative information that a State Psychology
Regulatory Authority, after a preliminary inquiry that
includes notification and an opportunity to respond if
required by state law, has reason to believe, if proven
true, would indicate more than a violation of state
statute or ethics code that would be considered more
substantial than minor infraction; or
2. investigative information that indicates that the
psychologist represents an immediate threat to public
health and safety regardless of whether the psychologist
has been notified and/or had an opportunity to respond.
Y. "State" means: a state, commonwealth, territory, or possession
of the United States, the District of Columbia.
Z. "State Psychology Regulatory Authority" means: the Board,
office or other agency with the legislative mandate to license
and regulate the practice of psychology.
AA. "Telepsychology" means: the provision of psychological
services using telecommunication technologies.
BB. "Temporary Authorization to Practice" means: a licensed
psychologist's authority to conduct temporary in-person,
face-to-face practice, within the limits authorized under this
Compact, in another Compact State.
CC. "Temporary In-Person, Face-to-Face Practice" means: where a
psychologist is physically present (not through the use of
telecommunications technologies), in the Distant State to
provide for the practice of psychology for 30 days within a
calendar year and based on notification to the Distant State.
ARTICLE III. HOME STATE LICENSURE
A. The Home State shall be a Compact State where a psychologist is
licensed to practice psychology.
B. A psychologist may hold one or more Compact State licenses at a
time. If the psychologist is licensed in more than one Compact
State, the Home State is the Compact State where the
psychologist is physically present when the services are
delivered as authorized by the Authority to Practice
Interjurisdictional Telepsychology under the terms of this
Compact.
C. Any Compact State may require a psychologist not previously
licensed in a Compact State to obtain and retain a license to be
authorized to practice in the Compact State under
circumstances not authorized by the Authority to Practice
Interjurisdictional Telepsychology under the terms of this
Compact.
D. Any Compact State may require a psychologist to obtain and
retain a license to be authorized to practice in a Compact
State under circumstances not authorized by Temporary
Authorization to Practice under the terms of this Compact.
E. A Home State's license authorizes a psychologist to practice in
a Receiving State under the Authority to Practice
Interjurisdictional Telepsychology only if the Compact State:
1. Currently requires the psychologist to hold an active
E.Passport;
2. Has a mechanism in place for receiving and investigating
complaints about licensed individuals;
3. Notifies the Commission, in compliance with the terms
herein, of any adverse action or significant investigatory
information regarding a licensed individual;
4. Requires an Identity History Summary of all applicants at
initial licensure, including the use of the results of
fingerprints or other biometric data checks compliant with
the requirements of the Federal Bureau of Investigation
FBI, or other designee with similar authority, no later
than ten years after activation of the Compact; and
5. Complies with the Bylaws and Rules of the Commission.
F. A Home State's license grants Temporary Authorization to
Practice to a psychologist in a Distant State only if the
Compact State:
1. Currently requires the psychologist to hold an active IPC;
2. Has a mechanism in place for receiving and investigating
complaints about licensed individuals;
3. Notifies the Commission, in compliance with the terms
herein, of any adverse action or significant investigatory
information regarding a licensed individual;
4. Requires an Identity History Summary of all applicants at
initial licensure, including the use of the results of
fingerprints or other biometric data checks compliant with
the requirements of the Federal Bureau of Investigation
FBI, or other designee with similar authority, no later
than ten years after activation of the Compact; and
5. Complies with the Bylaws and Rules of the Commission.
ARTICLE IV. COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY
A. Compact States shall recognize the right of a psychologist,
licensed in a Compact State in conformance with Article III, to
practice telepsychology in other Compact States (Receiving
States) in which the psychologist is not licensed, under the
Authority to Practice Interjurisdictional Telepsychology as
provided in the Compact.
B. To exercise the Authority to Practice Interjurisdictional
Telepsychology under the terms and provisions of this Compact,
a psychologist licensed to practice in a Compact State must:
1. Hold a graduate degree in psychology from an institute of
higher education that was, at the time the degree was
awarded:
a. Regionally accredited by an accrediting body
recognized by the U.S. Department of Education to
grant graduate degrees, OR authorized by Provincial
Statute or Royal Charter to grant doctoral degrees; OR
b. A foreign college or university deemed to be
equivalent to 1 (a) above by a foreign credential
evaluation service that is a member of the National
Association of Credential Evaluation Services (NACES)
or by a recognized foreign credential evaluation
service; AND
2. Hold a graduate degree in psychology that meets the
following criteria:
a. The program, wherever it may be administratively
housed, must be clearly identified and labeled as a
psychology program. Such a program must specify in
pertinent institutional catalogues and brochures its
intent to educate and train professional
psychologists;
b. The psychology program must stand as a recognizable,
coherent, organizational entity within the
institution;
c. There must be a clear authority and primary
responsibility for the core and specialty areas
whether or not the program cuts across administrative
lines;
d. The program must consist of an integrated, organized
sequence of study;
e. There must be an identifiable psychology faculty
sufficient in size and breadth to carry out its
responsibilities;
f. The designated director of the program must be a
psychologist and a member of the core faculty;
g. The program must have an identifiable body of students
who are matriculated in that program for a degree;
h. The program must include supervised practicum,
internship, or field training appropriate to the
practice of psychology;
i. The curriculum shall encompass a minimum of three
academic years of full-time graduate study for
doctoral degree and a minimum of one academic year of
full-time graduate study for master's degree;
j. The program includes an acceptable residency as
defined by the Rules of the Commission.
3. Possess a current, full and unrestricted license to
practice psychology in a Home State which is a Compact
State;
4. Have no history of adverse action that violate the Rules of
the Commission;
5. Have no criminal record history reported on an Identity
History Summary that violates the Rules of the Commission;
6. Possess a current, active E.Passport;
7. Provide attestations in regard to areas of intended
practice, conformity with standards of practice,
competence in telepsychology technology; criminal
background; and knowledge and adherence to legal
requirements in the home and receiving states, and provide
a release of information to allow for primary source
verification in a manner specified by the Commission; and
8. Meet other criteria as defined by the Rules of the
Commission.
C. The Home State maintains authority over the license of any
psychologist practicing into a Receiving State under the
Authority to Practice Interjurisdictional Telepsychology.
D. A psychologist practicing into a Receiving State under the
Authority to Practice Interjurisdictional Telepsychology will
be subject to the Receiving State's scope of practice. A
Receiving State may, in accordance with that state's due
process law, limit or revoke a psychologist's Authority to
Practice Interjurisdictional Telepsychology in the Receiving
State and may take any other necessary actions under the
Receiving State's applicable law to protect the health and
safety of the Receiving State's citizens. If a Receiving State
takes action, the state shall promptly notify the Home State
and the Commission.
E. If a psychologist's license in any Home State, another Compact
State, or any Authority to Practice Interjurisdictional
Telepsychology in any Receiving State, is restricted,
suspended or otherwise limited, the E.Passport shall be
revoked and therefore the psychologist shall not be eligible to
practice telepsychology in a Compact State under the Authority
to Practice Interjurisdictional Telepsychology.
ARTICLE V. COMPACT TEMPORARY AUTHORIZATION TO PRACTICE
A. Compact States shall also recognize the right of a
psychologist, licensed in a Compact State in conformance with
Article III, to practice temporarily in other Compact States
(Distant States) in which the psychologist is not licensed, as
provided in the Compact.
B. To exercise the Temporary Authorization to Practice under the
terms and provisions of this Compact, a psychologist licensed
to practice in a Compact State must:
1. Hold a graduate degree in psychology from an institute of
higher education that was, at the time the degree was
awarded:
a. Regionally accredited by an accrediting body
recognized by the U.S. Department of Education to
grant graduate degrees, OR authorized by Provincial
Statute or Royal Charter to grant doctoral degrees; OR
b. A foreign college or university deemed to be
equivalent to 1 (a) above by a foreign credential
evaluation service that is a member of the National
Association of Credential Evaluation Services (NACES)
or by a recognized foreign credential evaluation
service; AND
2. Hold a graduate degree in psychology that meets the
following criteria:
a. The program, wherever it may be administratively
housed, must be clearly identified and labeled as a
psychology program. Such a program must specify in
pertinent institutional catalogues and brochures its
intent to educate and train professional
psychologists;
b. The psychology program must stand as a recognizable,
coherent, organizational entity within the
institution;
c. There must be a clear authority and primary
responsibility for the core and specialty areas
whether or not the program cuts across administrative
lines;
d. The program must consist of an integrated, organized
sequence of study;
e. There must be an identifiable psychology faculty
sufficient in size and breadth to carry out its
responsibilities;
f. The designated director of the program must be a
psychologist and a member of the core faculty;
g. The program must have an identifiable body of students
who are matriculated in that program for a degree;
h. The program must include supervised practicum,
internship, or field training appropriate to the
practice of psychology;
i. The curriculum shall encompass a minimum of three
academic years of full-time graduate study for
doctoral degrees and a minimum of one academic year of
full-time graduate study for master's degree;
j. The program includes an acceptable residency as
defined by the Rules of the Commission.
3. Possess a current, full and unrestricted license to
practice psychology in a Home State which is a Compact
State;
4. No history of adverse action that violate the Rules of the
Commission;
5. No criminal record history that violates the Rules of the
Commission;
6. Possess a current, active IPC;
7. Provide attestations in regard to areas of intended
practice and work experience and provide a release of
information to allow for primary source verification in a
manner specified by the Commission; and
8. Meet other criteria as defined by the Rules of the
Commission.
C. A psychologist practicing into a Distant State under the
Temporary Authorization to Practice shall practice within the
scope of practice authorized by the Distant State.
D. A psychologist practicing into a Distant State under the
Temporary Authorization to Practice will be subject to the
Distant State's authority and law. A Distant State may, in
accordance with that state's due process law, limit or revoke a
psychologist's Temporary Authorization to Practice in the
Distant State and may take any other necessary actions under
the Distant State's applicable law to protect the health and
safety of the Distant State's citizens. If a Distant State
takes action, the state shall promptly notify the Home State
and the Commission.
E. If a psychologist's license in any Home State, another Compact
State, or any Temporary Authorization to Practice in any
Distant State, is restricted, suspended or otherwise limited,
the IPC shall be revoked and therefore the psychologist shall
not be eligible to practice in a Compact State under the
Temporary Authorization to Practice.
ARTICLE VI. CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING
STATE
A. A psychologist may practice in a Receiving State under the
Authority to Practice Interjurisdictional Telepsychology only
in the performance of the scope of practice for psychology as
assigned by an appropriate State Psychology Regulatory
Authority, as defined in the Rules of the Commission, and under
the following circumstances:
1. The psychologist initiates a client/patient contact in a
Home State via telecommunications technologies with a
client/patient in a Receiving State;
2. Other conditions regarding telepsychology as determined by
Rules promulgated by the Commission.
ARTICLE VII. ADVERSE ACTIONS
A. A Home State shall have the power to impose adverse action
against a psychologist's license issued by the Home State. A
Distant State shall have the power to take adverse action on a
psychologist's Temporary Authorization to Practice within that
Distant State.
B. A Receiving State may take adverse action on a psychologist's
Authority to Practice Interjurisdictional Telepsychology
within that Receiving State. A Home State may take adverse
action against a psychologist based on an adverse action taken
by a Distant State regarding temporary in-person, face-to-face
practice.
C. If a Home State takes adverse action against a psychologist's
license, that psychologist's Authority to Practice
Interjurisdictional Telepsychology is terminated and the
E.Passport is revoked. Furthermore, that psychologist's
Temporary Authorization to Practice is terminated and the IPC
is revoked.
1. All Home State disciplinary orders which impose adverse
action shall be reported to the Commission in accordance
with the Rules promulgated by the Commission. A Compact
State shall report adverse actions in accordance with the
Rules of the Commission.
2. In the event discipline is reported on a psychologist, the
psychologist will not be eligible for telepsychology or
temporary in-person, face-to-face practice in accordance
with the Rules of the Commission.
3. Other actions may be imposed as determined by the Rules
promulgated by the Commission.
D. A Home State's Psychology Regulatory Authority shall
investigate and take appropriate action with respect to
reported inappropriate conduct engaged in by a licensee which
occurred in a Receiving State as it would if such conduct had
occurred by a licensee within the Home State. In such cases,
the Home State's law shall control in determining any adverse
action against a psychologist's license.
E. A Distant State's Psychology Regulatory Authority shall
investigate and take appropriate action with respect to
reported inappropriate conduct engaged in by a psychologist
practicing under Temporary Authorization Practice which
occurred in that Distant State as it would if such conduct had
occurred by a licensee within the Home State. In such cases,
Distant State's law shall control in determining any adverse
action against a psychologist's Temporary Authorization to
Practice.
F. Nothing in this Compact shall override a Compact State's
decision that a psychologist's participation in an alternative
program may be used in lieu of adverse action and that such
participation shall remain non-public if required by the
Compact State's law. Compact States must require psychologists
who enter any alternative programs to not provide
telepsychology services under the Authority to Practice
Interjurisdictional Telepsychology or provide temporary
psychological services under the Temporary Authorization to
Practice in any other Compact State during the term of the
alternative program.
G. No other judicial or administrative remedies shall be available
to a psychologist in the event a Compact State imposes an
adverse action pursuant to subsection C, above.
ARTICLE VIII. ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S
PSYCHOLOGY REGULATORY AUTHORITY
A. In addition to any other powers granted under state law, a
Compact State's Psychology Regulatory Authority shall have the
authority under this Compact to:
1. Issue subpoenas, for both hearings and investigations,
which require the attendance and testimony of witnesses
and the production of evidence. Subpoenas issued by a
Compact State's Psychology Regulatory Authority for the
attendance and testimony of witnesses, and/or the
production of evidence from another Compact State shall be
enforced in the latter state by any court of competent
jurisdiction, according to that court's practice and
procedure in considering subpoenas issued in its own
proceedings. The issuing State Psychology Regulatory
Authority shall pay any witness fees, travel expenses,
mileage and other fees required by the service statutes of
the state where the witnesses and/or evidence are located;
and
2. Issue cease and desist and/or injunctive relief orders to
revoke a psychologist's Authority to Practice
Interjurisdictional Telepsychology and/or Temporary
Authorization to Practice.
3. During the course of any investigation, a psychologist may
not change his/her Home State licensure. A Home State
Psychology Regulatory Authority is authorized to complete
any pending investigations of a psychologist and to take
any actions appropriate under its law. The Home State
Psychology Regulatory Authority shall promptly report the
conclusions of such investigations to the Commission. Once
an investigation has been completed, and pending the
outcome of said investigation, the psychologist may change
his/her Home State licensure. The Commission shall
promptly notify the new Home State of any such decisions as
provided in the Rules of the Commission. All information
provided to the Commission or distributed by Compact
States pursuant to the psychologist shall be confidential,
filed under seal and used for investigatory or
disciplinary matters. The Commission may create
additional rules for mandated or discretionary sharing of
information by Compact States.
ARTICLE IX. COORDINATED LICENSURE INFORMATION SYSTEM
A. The Commission shall provide for the development and
maintenance of a Coordinated Licensure Information System
(Coordinated Database) and reporting system containing
licensure and disciplinary action information on all
psychologists individuals to whom this Compact is applicable
in all Compact States as defined by the Rules of the
Commission.
B. Notwithstanding any other provision of state law to the
contrary, a Compact State shall submit a uniform data set to
the Coordinated Database on all licensees as required by the
Rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Significant investigatory information;
4. Adverse actions against a psychologist's license;
5. An indicator that a psychologist's Authority to Practice
Interjurisdictional Telepsychology and/or Temporary
Authorization to Practice is revoked;
6. Non-confidential information related to alternative
program participation information;
7. Any denial of application for licensure, and the reasons
for such denial; and
8. Other information which may facilitate the administration
of this Compact, as determined by the Rules of the
Commission.
C. The Coordinated Database administrator shall promptly notify
all Compact States of any adverse action taken against, or
significant investigative information on, any licensee in a
Compact State.
D. Compact States reporting information to the Coordinated
Database may designate information that may not be shared with
the public without the express permission of the Compact State
reporting the information.
E. Any information submitted to the Coordinated Database that is
subsequently required to be expunged by the law of the Compact
State reporting the information shall be removed from the
Coordinated Database.
ARTICLE X. ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL
COMPACT COMMISSION
A. The Compact States hereby create and establish a joint public
agency known as the Psychology Interjurisdictional Compact
Commission.
1. The Commission is a body politic and an instrumentality of
the Compact States.
2. Venue is proper and judicial proceedings by or against the
Commission shall be brought solely and exclusively in a
court of competent jurisdiction where the principal office
of the Commission is located. The Commission may waive
venue and jurisdictional defenses to the extent it adopts
or consents to participate in alternative dispute
resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver
of sovereign immunity.
B. Membership, Voting, and Meetings
1. The Commission shall consist of one voting representative
appointed by each Compact State who shall serve as that
state's Commissioner. The State Psychology Regulatory
Authority shall appoint its delegate. This delegate shall
be empowered to act on behalf of the Compact State. This
delegate shall be limited to:
a. Executive Director, Executive Secretary or similar
executive;
b. Current member of the State Psychology Regulatory
Authority of a Compact State; OR
c. Designee empowered with the appropriate delegate
authority to act on behalf of the Compact State.
2. Any Commissioner may be removed or suspended from office as
provided by the law of the state from which the
Commissioner is appointed. Any vacancy occurring in the
Commission shall be filled in accordance with the laws of
the Compact State in which the vacancy exists.
3. Each Commissioner shall be entitled to one (1) vote with
regard to the promulgation of Rules and creation of Bylaws
and shall otherwise have an opportunity to participate in
the business and affairs of the Commission. A Commissioner
shall vote in person or by such other means as provided in
the Bylaws. The Bylaws may provide for Commissioners'
participation in meetings by telephone or other means of
communication.
4. The Commission shall meet at least once during each
calendar year. Additional meetings shall be held as set
forth in the Bylaws.
5. All meetings shall be open to the public, and public notice
of meetings shall be given in the same manner as required
under the rulemaking provisions in Article XI.
6. The Commission may convene in a closed, non-public meeting
if the Commission must discuss:
a. Non-compliance of a Compact State with its obligations
under the Compact;
b. The employment, compensation, discipline or other
personnel matters, practices or procedures related to
specific employees or other matters related to the
Commission's internal personnel practices and
procedures;
c. Current, threatened, or reasonably anticipated
litigation against the Commission;
d. Negotiation of contracts for the purchase or sale of
goods, services or real estate;
e. Accusation against any person of a crime or formally
censuring any person;
f. Disclosure of trade secrets or commercial or financial
information which is privileged or confidential;
g. Disclosure of information of a personal nature where
disclosure would constitute a clearly unwarranted
invasion of personal privacy;
h. Disclosure of investigatory records compiled for law
enforcement purposes;
i. Disclosure of information related to any
investigatory reports prepared by or on behalf of or
for use of the Commission or other committee charged
with responsibility for investigation or
determination of compliance issues pursuant to the
Compact; or
j. Matters specifically exempted from disclosure by
federal and state statute.
7. If a meeting, or portion of a meeting, is closed pursuant
to this provision, the Commission's legal counsel or
designee shall certify that the meeting may be closed and
shall reference each relevant exempting provision. The
Commission shall keep minutes which fully and clearly
describe all matters discussed in a meeting and shall
provide a full and accurate summary of actions taken, of
any person participating in the meeting, and the reasons
therefore, including a description of the views expressed.
All documents considered in connection with an action
shall be identified in such minutes. All minutes and
documents of a closed meeting shall remain under seal,
subject to release only by a majority vote of the
Commission or order of a court of competent jurisdiction.
C. The Commission shall, by a majority vote of the Commissioners,
prescribe Bylaws and/or Rules to govern its conduct as may be
necessary or appropriate to carry out the purposes and exercise
the powers of the Compact, including but not limited to:
1. Establishing the fiscal year of the Commission;
2. Providing reasonable standards and procedures:
a. for the establishment and meetings of other
committees; and
b. governing any general or specific delegation of any
authority or function of the Commission;
3. Providing reasonable procedures for calling and conducting
meetings of the Commission, ensuring reasonable advance
notice of all meetings and providing an opportunity for
attendance of such meetings by interested parties, with
enumerated exceptions designed to protect the public's
interest, the privacy of individuals of such proceedings,
and proprietary information, including trade secrets. The
Commission may meet in closed session only after a
majority of the Commissioners vote to close a meeting to
the public in whole or in part. As soon as practicable, the
Commission must make public a copy of the vote to close the
meeting revealing the vote of each Commissioner with no
proxy votes allowed;
4. Establishing the titles, duties and authority and
reasonable procedures for the election of the officers of
the Commission;
5. Providing reasonable standards and procedures for the
establishment of the personnel policies and programs of
the Commission. Notwithstanding any civil service or other
similar law of any Compact State, the Bylaws shall
exclusively govern the personnel policies and programs of
the Commission;
6. Promulgating a Code of Ethics to address permissible and
prohibited activities of Commission members and
employees;
7. Providing a mechanism for concluding the operations of the
Commission and the equitable disposition of any surplus
funds that may exist after the termination of the Compact
after the payment and/or reserving of all of its debts and
obligations;
8. The Commission shall publish its Bylaws in a convenient
form and file a copy thereof and a copy of any amendment
thereto, with the appropriate agency or officer in each of
the Compact States;
9. The Commission shall maintain its financial records in
accordance with the Bylaws; and
10. The Commission shall meet and take such actions as are
consistent with the provisions of this Compact and the
Bylaws.
D. The Commission shall have the following powers:
1. The authority to promulgate uniform rules to facilitate
and coordinate implementation and administration of this
Compact. The rule shall have the force and effect of law
and shall be binding in all Compact States;
2. To bring and prosecute legal proceedings or actions in the
name of the Commission, provided that the standing of any
State Psychology Regulatory Authority or other regulatory
body responsible for psychology licensure to sue or be
sued under applicable law shall not be affected;
3. To purchase and maintain insurance and bonds;
4. To borrow, accept or contract for services of personnel,
including, but not limited to, employees of a Compact
State;
5. To hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals
appropriate authority to carry out the purposes of the
Compact, and to establish the Commission's personnel
policies and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel
matters;
6. To accept any and all appropriate donations and grants of
money, equipment, supplies, materials and services, and to
receive, utilize and dispose of the same; provided that at
all times the Commission shall strive to avoid any
appearance of impropriety and/or conflict of interest;
7. To lease, purchase, accept appropriate gifts or donations
of, or otherwise to own, hold, improve or use, any
property, real, personal or mixed; provided that at all
times the Commission shall strive to avoid any appearance
of impropriety;
8. To sell, convey, mortgage, pledge, lease, exchange,
abandon or otherwise dispose of any property real,
personal or mixed;
9. To establish a budget and make expenditures;
10. To borrow money;
11. To appoint committees, including advisory committees
comprised of Members, State regulators, State legislators
or their representatives, and consumer representatives,
and such other interested persons as may be designated in
this Compact and the Bylaws;
12. To provide and receive information from, and to cooperate
with, law enforcement agencies;
13. To adopt and use an official seal; and
14. To perform such other functions as may be necessary or
appropriate to achieve the purposes of this Compact
consistent with the state regulation of psychology
licensure, temporary in-person, face-to-face practice and
telepsychology practice.
E. The Executive Board
The elected officers shall serve as the Executive Board, which
shall have the power to act on behalf of the Commission
according to the terms of this Compact.
1. The Executive Board shall be comprised of six members:
a. Five voting members who are elected from the current
membership of the Commission by the Commission;
b. One ex-officio, nonvoting member from the recognized
membership organization composed of State and
Provincial Psychology Regulatory Authorities.
2. The ex-officio member must have served as staff or member
on a State Psychology Regulatory Authority and will be
selected by its respective organization.
3. The Commission may remove any member of the Executive Board
as provided in Bylaws.
4. The Executive Board shall meet at least annually.
5. The Executive Board shall have the following duties and
responsibilities:
a. Recommend to the entire Commission changes to the
Rules or Bylaws, changes to this Compact legislation,
fees paid by Compact States such as annual dues, and
any other applicable fees;
b. Ensure Compact administration services are
appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the
Commission;
e. Monitor Compact compliance of member states and
provide compliance reports to the Commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in Rules or Bylaws.
F. Financing of the Commission
1. The Commission shall pay, or provide for the payment of the
reasonable expenses of its establishment, organization
and ongoing activities.
2. The Commission may accept any and all appropriate revenue
sources, donations and grants of money, equipment,
supplies, materials and services.
3. The Commission may levy on and collect an annual assessment
from each Compact State or impose fees on other parties to
cover the cost of the operations and activities of the
Commission and its staff which must be in a total amount
sufficient to cover its annual budget as approved each
year for which revenue is not provided by other sources.
The aggregate annual assessment amount shall be allocated
based upon a formula to be determined by the Commission
which shall promulgate a rule binding upon all Compact
States.
4. The Commission shall not incur obligations of any kind
prior to securing the funds adequate to meet the same; nor
shall the Commission pledge the credit of any of the
Compact States, except by and with the authority of the
Compact State.
5. The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and
disbursements of the Commission shall be subject to the
audit and accounting procedures established under its
Bylaws. However, all receipts and disbursements of funds
handled by the Commission shall be audited yearly by a
certified or licensed public accountant and the report of
the audit shall be included in and become part of the
annual report of the Commission.
G. Qualified Immunity, Defense, and Indemnification
1. The members, officers, Executive Director, employees and
representatives of the Commission shall be immune from
suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property
or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error or omission
that occurred, or that the person against whom the claim is
made had a reasonable basis for believing occurred within
the scope of Commission employment, duties or
responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit
and/or liability for any damage, loss, injury or liability
caused by the intentional or willful or wanton misconduct
of that person.
2. The Commission shall defend any member, officer, Executive
Director, employee or representative of the Commission in
any civil action seeking to impose liability arising out
of any actual or alleged act, error or omission that
occurred within the scope of Commission employment, duties
or responsibilities, or that the person against whom the
claim is made had a reasonable basis for believing
occurred within the scope of Commission employment, duties
or responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining his or
her own counsel; and provided further, that the actual or
alleged act, error or omission did not result from that
person's intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any
member, officer, Executive Director, employee or
representative of the Commission for the amount of any
settlement or judgment obtained against that person
arising out of any actual or alleged act, error or omission
that occurred within the scope of Commission employment,
duties or responsibilities, or that such person had a
reasonable basis for believing occurred within the scope
of Commission employment, duties or responsibilities,
provided that the actual or alleged act, error or omission
did not result from the intentional or willful or wanton
misconduct of that person.
ARTICLE XI. RULEMAKING
A. The Commission shall exercise its rulemaking powers pursuant to
the criteria set forth in this Article and the Rules adopted
thereunder. Rules and amendments shall become binding as of the
date specified in each rule or amendment.
B. If a majority of the legislatures of the Compact States rejects
a rule, by enactment of a statute or resolution in the same
manner used to adopt the Compact, then such rule shall have no
further force and effect in any Compact State.
C. Rules or amendments to the rules shall be adopted at a regular
or special meeting of the Commission.
D. Prior to promulgation and adoption of a final rule or Rules by
the Commission, and at least sixty (60) days in advance of the
meeting at which the rule will be considered and voted upon,
the Commission shall file a Notice of Proposed Rulemaking:
1. On the website of the Commission; and
2. On the website of each Compact States' Psychology
Regulatory Authority or the publication in which each
state would otherwise publish proposed rules.
E. The Notice of Proposed Rulemaking shall include:
1. The proposed time, date, and location of the meeting in
which the rule will be considered and voted upon;
2. The text of the proposed rule or amendment and the reason
for the proposed rule;
3. A request for comments on the proposed rule from any
interested person; and
4. The manner in which interested persons may submit notice to
the Commission of their intention to attend the public
hearing and any written comments.
F. Prior to adoption of a proposed rule, the Commission shall
allow persons to submit written data, facts, opinions and
arguments, which shall be made available to the public.
G. The Commission shall grant an opportunity for a public hearing
before it adopts a rule or amendment if a hearing is requested
by:
1. At least twenty-five (25) persons who submit comments
independently of each other;
2. A governmental subdivision or agency; or
3. A duly appointed person in an association that has having
at least twenty-five (25) members.
H. If a hearing is held on the proposed rule or amendment, the
Commission shall publish the place, time, and date of the
scheduled public hearing.
1. All persons wishing to be heard at the hearing shall notify
the Executive Director of the Commission or other
designated member in writing of their desire to appear and
testify at the hearing not less than five (5) business days
before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing each
person who wishes to comment a fair and reasonable
opportunity to comment orally or in writing.
3. No transcript of the hearing is required, unless a written
request for a transcript is made, in which case the person
requesting the transcript shall bear the cost of producing
the transcript. A recording may be made in lieu of a
transcript under the same terms and conditions as a
transcript. This subsection shall not preclude the
Commission from making a transcript or recording of the
hearing if it so chooses.
4. Nothing in this section shall be construed as requiring a
separate hearing on each rule. Rules may be grouped for the
convenience of the Commission at hearings required by this
section.
I. Following the scheduled hearing date, or by the close of
business on the scheduled hearing date if the hearing was not
held, the Commission shall consider all written and oral
comments received.
J. The Commission shall, by majority vote of all members, take
final action on the proposed rule and shall determine the
effective date of the rule, if any, based on the rulemaking
record and the full text of the rule.
K. If no written notice of intent to attend the public hearing by
interested parties is received, the Commission may proceed
with promulgation of the proposed rule without a public
hearing.
L. Upon determination that an emergency exists, the Commission may
consider and adopt an emergency rule without prior notice,
opportunity for comment, or hearing, provided that the usual
rulemaking procedures provided in the Compact and in this
section shall be retroactively applied to the rule as soon as
reasonably possible, in no event later than ninety (90) days
after the effective date of the rule. For the purposes of this
provision, an emergency rule is one that must be adopted
immediately in order to:
1. Meet an imminent threat to public health, safety, or
welfare;
2. Prevent a loss of Commission or Compact State funds;
3. Meet a deadline for the promulgation of an administrative
rule that is established by federal law or rule; or
4. Protect public health and safety.
M. The Commission or an authorized committee of the Commission may
direct revisions to a previously adopted rule or amendment for
purposes of correcting typographical errors, errors in format,
errors in consistency, or grammatical errors. Public notice of
any revisions shall be posted on the website of the Commission.
The revision shall be subject to challenge by any person for a
period of thirty (30) days after posting. The revision may be
challenged only on grounds that the revision results in a
material change to a rule. A challenge shall be made in
writing, and delivered to the Chair of the Commission prior to
the end of the notice period. If no challenge is made, the
revision will take effect without further action. If the
revision is challenged, the revision may not take effect
without the approval of the Commission.
ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
A. Oversight
1. The Executive, Legislative and Judicial branches of state
government in each Compact State shall enforce this
Compact and take all actions necessary and appropriate to
effectuate the Compact's purposes and intent. The
provisions of this Compact and the rules promulgated
hereunder shall have standing as statutory law.
2. All courts shall take judicial notice of the Compact and
the rules in any judicial or administrative proceeding in
a Compact State pertaining to the subject matter of this
Compact which may affect the powers, responsibilities or
actions of the Commission.
3. The Commission shall be entitled to receive service of
process in any such proceeding, and shall have standing to
intervene in such a proceeding for all purposes. Failure
to provide service of process to the Commission shall
render a judgment or order void as to the Commission, this
Compact or promulgated rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a Compact State has
defaulted in the performance of its obligations or
responsibilities under this Compact or the promulgated
rules, the Commission shall:
a. Provide written notice to the defaulting state and
other Compact States of the nature of the default, the
proposed means of remedying the default and/or any
other action to be taken by the Commission; and
b. Provide remedial training and specific technical
assistance regarding the default.
2. If a state in default fails to remedy the default, the
defaulting state may be terminated from the Compact upon
an affirmative vote of a majority of the Compact States,
and all rights, privileges and benefits conferred by this
Compact shall be terminated on the effective date of
termination. A remedy of the default does not relieve the
offending state of obligations or liabilities incurred
during the period of default.
3. Termination of membership in the Compact shall be imposed
only after all other means of securing compliance have
been exhausted. Notice of intent to suspend or terminate
shall be submitted by the Commission to the Governor, the
majority and minority leaders of the defaulting state's
legislature, and each of the Compact States.
4. A Compact State which has been terminated is responsible
for all assessments, obligations and liabilities incurred
through the effective date of termination, including
obligations which extend beyond the effective date of
termination.
5. The Commission shall not bear any costs incurred by the
state which is found to be in default or which has been
terminated from the Compact, unless agreed upon in writing
between the Commission and the defaulting state.
6. The defaulting state may appeal the action of the
Commission by petitioning the U.S. District Court for the
state of Georgia or the federal district where the Compact
has its principal offices. The prevailing member shall be
awarded all costs of such litigation, including reasonable
attorney's fees.
C. Dispute Resolution
1. Upon request by a Compact State, the Commission shall
attempt to resolve disputes related to the Compact which
arise among Compact States and between Compact and
Non-Compact States.
2. The Commission shall promulgate a rule providing for both
mediation and binding dispute resolution for disputes that
arise before the commission.
D. Enforcement
1. The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and Rules of this
Compact.
2. By majority vote, the Commission may initiate legal action
in the United States District Court for the State of
Georgia or the federal district where the Compact has its
principal offices against a Compact State in default to
enforce compliance with the provisions of the Compact and
its promulgated Rules and Bylaws. The relief sought may
include both injunctive relief and damages. In the event
judicial enforcement is necessary, the prevailing member
shall be awarded all costs of such litigation, including
reasonable attorney's fees.
3. The remedies herein shall not be the exclusive remedies of
the Commission. The Commission may pursue any other
remedies available under federal or state law.
ARTICLE XIII. DATE OF IMPLEMENTATION OF THE PSYCHOLOGY
INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES,
WITHDRAWAL, AND AMENDMENTS
A. The Compact shall come into effect on the date on which the
Compact is enacted into law in the seventh Compact State. The
provisions which become effective at that time shall be limited
to the powers granted to the Commission relating to assembly
and the promulgation of rules. Thereafter, the Commission
shall meet and exercise rulemaking powers necessary to the
implementation and administration of the Compact.
B. Any state which joins the Compact subsequent to the
Commission's initial adoption of the rules shall be subject to
the rules as they exist on the date on which the Compact becomes
law in that state. Any rule which has been previously adopted
by the Commission shall have the full force and effect of law on
the day the Compact becomes law in that state.
C. Any Compact State may withdraw from this Compact by enacting a
statute repealing the same.
1. A Compact State's withdrawal shall not take effect until
six (6) months after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of
the withdrawing State's Psychology Regulatory Authority
to comply with the investigative and adverse action
reporting requirements of this act prior to the effective
date of withdrawal.
D. Nothing contained in this Compact shall be construed to
invalidate or prevent any psychology licensure agreement or
other cooperative arrangement between a Compact State and a
Non-Compact State which does not conflict with the provisions
of this Compact.
E. This Compact may be amended by the Compact States. No amendment
to this Compact shall become effective and binding upon any
Compact State until it is enacted into the law of all Compact
States.
ARTICLE XIV. CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate the
purposes thereof. If this Compact shall be held contrary to the
constitution of any state member thereto, the Compact shall remain
in full force and effect as to the remaining Compact States.
Sec. 501.602. RULES ADOPTED UNDER COMPACT. The Psychology
Interjurisdictional Compact Commission established under the
Psychology Interjurisdictional Compact under Section 501.601 may
not adopt rules that alter the requirements or scope of practice of
a license issued under this chapter. Any rule adopted by the
Psychology Interjurisdictional Compact Commission that purports to
alter the requirements or scope of practice of a license issued
under this chapter is not enforceable.
Sec. 501.603. DISCLOSURE OF PERSONAL INFORMATION. (a) In
reporting information to the Coordinated Licensure Information
System under Article IX of the Psychology Interjurisdictional
Compact, the executive council may disclose personally
identifiable information about a person who holds a license under
this chapter, including the person's social security number.
(b) The Coordinated Licensure Information System may not
share personally identifiable information with a state that is not
a party to the compact unless the state agrees to not disclose that
information to any other person.
SECTION 2.029. Sections 502.002(2) and (5), Occupations
Code, are amended to read as follows:
(2) "Executive council" ["Commissioner"] means the
Texas Behavioral Health Executive Council [commissioner of state
health services].
(5) "Licensed marriage and family therapist
associate" means an individual who offers to provide marriage and
family therapy for compensation under the supervision of a
[board-approved] supervisor approved by the executive council.
SECTION 2.030. The heading to Section 502.053, Occupations
Code, is amended to read as follows:
Sec. 502.053. MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
SECTION 2.031. Sections 502.053(b) and (c), Occupations
Code, are amended to read as follows:
(b) A person may not be a member of the board [and may not be
a department employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.)] if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of health
services; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of mental
health.
(c) A person may not be a member of the board [or act as
general counsel to the board or the department] if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the board.
SECTION 2.032. Section 502.056(c), Occupations Code, is
amended to read as follows:
(c) If the executive director of the executive council has
knowledge that a potential ground for removal exists, the executive
director shall notify the presiding officer of the board of the
potential ground. The presiding officer shall then notify the
governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal involves the
presiding officer, the executive director shall notify the next
highest ranking officer of the board, who shall then notify the
governor and attorney general that a potential ground for removal
exists.
SECTION 2.033. Section 502.059, Occupations Code, is
amended by amending Subsection (b) and adding Subsection (d) to
read as follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing board operations [this chapter];
(2) the programs, [operated by the board;
[(3) the role and] functions, [of the board;
[(4) the] rules, and [of the board, with an emphasis on
the rules that relate to disciplinary and investigatory authority;
[(5) the current] budget of [for] the board;
(3) the scope of and limitations on the rulemaking
authority of the board;
(4) the types of board rules, interpretations, and
enforcement actions that may implicate federal antitrust law by
limiting competition or impacting prices charged by persons engaged
in a profession or business the board regulates, including any
rule, interpretation, or enforcement action that:
(A) regulates the scope of practice of persons in
a profession or business the board regulates;
(B) restricts advertising by persons in a
profession or business the board regulates;
(C) affects the price of goods or services
provided by persons in a profession or business the board
regulates; or
(D) restricts participation in a profession or
business the board regulates;
(5) [(6)] the results of the most recent formal audit
of the board;
(6) [(7)] the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosure of conflicts
[conflict] of interest; and
(B) other laws applicable to members of the board
in performing their duties; and
(7) [(8)] any applicable ethics policies adopted by
the board or the Texas Ethics Commission.
(d) The executive director of the executive council shall
create a training manual that includes the information required by
Subsection (b). The executive director shall distribute a copy of
the training manual annually to each board member. Each member of
the board shall sign and submit to the executive director a
statement acknowledging that the member received and has reviewed
the training manual.
SECTION 2.034. The heading to Subchapter D, Chapter 502,
Occupations Code, is amended to read as follows:
SUBCHAPTER D. [BOARD] POWERS AND DUTIES
SECTION 2.035. Section 502.151, Occupations Code, is
amended to read as follows:
Sec. 502.151. GENERAL POWERS AND DUTIES OF EXECUTIVE
COUNCIL [BOARD]. The executive council [board] shall:
(1) determine the qualifications and fitness of a
license applicant under this chapter; and
(2) adopt a code of professional ethics for license
holders.
SECTION 2.036. Subchapter D, Chapter 502, Occupations Code,
is amended by adding Section 502.1515 to read as follows:
Sec. 502.1515. BOARD DUTIES. The board shall propose to the
executive council:
(1) rules regarding:
(A) the qualifications necessary to obtain a
license, including rules limiting an applicant's eligibility for a
license based on the applicant's criminal history;
(B) the scope of practice of and standards of
care and ethical practice for marriage and family therapy; and
(C) continuing education requirements for
license holders; and
(2) a schedule of sanctions for violations of this
chapter or rules adopted under this chapter.
SECTION 2.037. Section 502.155, Occupations Code, is
amended to read as follows:
Sec. 502.155. POWERS AND DUTIES REGARDING EXAMINATION. The
executive council [board] shall:
(1) determine the times and places for licensing
examinations;
(2) offer examinations at least semiannually; and
(3) give reasonable public notice of the examinations
in the manner provided by executive council [board] rules.
SECTION 2.038. Section 502.159, Occupations Code, is
amended to read as follows:
Sec. 502.159. EX PARTE COMMUNICATION PROHIBITED. A [board]
member of the executive council or board or an [department]
employee of the executive council who [performs functions for the
board and who] is assigned to make a decision, a finding of fact, or
a conclusion of law in a proceeding pending before the executive
council [board] may not directly or indirectly communicate with a
party to the proceeding or the party's representative unless notice
and an opportunity to participate are given to each party to the
proceeding.
SECTION 2.039. Section 502.252, Occupations Code, is
amended to read as follows:
Sec. 502.252. LICENSE APPLICATION. (a) An applicant for a
license must:
(1) file a written application with the executive
council [board] on a form prescribed by the executive council
[board]; and
(2) pay the appropriate application fee.
(b) To qualify for a license as a licensed marriage and
family therapist associate, a person must:
(1) be at least 18 years of age;
(2) have completed a graduate internship in marriage
and family therapy, or an equivalent internship, as approved by the
executive council [board];
(3) pass the license examination and jurisprudence
examination determined by the board;
(4) hold a master's or doctoral degree in marriage and
family therapy or in a related mental health field with coursework
and training determined by the executive council [board] to be
substantially equivalent to a graduate degree in marriage and
family therapy from a regionally accredited institution of higher
education or an institution of higher education approved by the
executive council [board];
(5) [be of good moral character;
[(6)] have not been convicted of a felony or a crime
involving moral turpitude;
(6) [(7)] not use drugs or alcohol to an extent that
affects the applicant's professional competency;
(7) [(8)] not have had a license or certification
revoked by a licensing agency or by a certifying professional
organization; and
(8) [(9)] not have engaged in fraud or deceit in
applying for a license under this chapter.
(c) An applicant is eligible to apply for a license as a
licensed marriage and family therapist if the person:
(1) meets the requirements of Subsection (b);
(2) after receipt of a degree described by Subsection
(b)(4), has completed two years of work experience in marriage and
family therapist services that includes at least 3,000 hours of
clinical practice consisting of [which:
[(A)] at least 1,500 hours [consist] of direct
clinical services, including a minimum number of [; and
[(B) at least 750] hours providing [consist of]
direct clinical services to couples or families as required by
executive council rule; and
(3) has completed, in a manner acceptable to the
executive council [board], at least 200 hours of supervised
provision of direct clinical services by the applicant, 100 hours
of which must be supervised on an individual basis.
SECTION 2.040. Sections 502.253(a), (b), and (c),
Occupations Code, are amended to read as follows:
(a) The executive council [board] shall investigate each
application and any other information submitted by the applicant.
(b) Not later than the 90th day after the date the executive
council [board] receives the completed application from a person
seeking a license as a licensed marriage and family therapist
associate, the executive council [board] shall notify the applicant
whether the application has been accepted or rejected.
(c) An applicant for a license as a licensed marriage and
family therapist associate is eligible to take the examination if
the applicant:
(1) is enrolled in a graduate internship described by
Section 502.252(b)(2) and provides proof to the executive council
[board] that the applicant is a student in good standing in an
educational program described by Section 502.252(b)(4); or
(2) has completed the internship described by
Subdivision (1).
SECTION 2.041. Sections 502.254(b) and (d), Occupations
Code, are amended to read as follows:
(b) An applicant for a license as a licensed marriage and
family therapist associate under Section 502.252(b) must:
(1) file an application on a form prescribed by the
executive council [board] not later than the 90th day before the
date of the examination; and
(2) pay the examination fee [set by the executive
commissioner of the Health and Human Services Commission by rule].
(d) The executive council [board] shall have any written
portion of an examination validated by an independent testing
professional.
SECTION 2.042. Section 502.2541, Occupations Code, is
amended to read as follows:
Sec. 502.2541. JURISPRUDENCE EXAMINATION. (a) The board
shall develop [and administer at least twice each calendar year] a
jurisprudence examination to determine an applicant's knowledge of
this chapter, [board] rules adopted under this chapter, and any
other applicable laws of this state affecting the applicant's
practice of marriage and family therapy. The executive council
shall administer the examination at least twice each calendar year.
(b) The executive council [board] shall adopt rules to
implement this section, including rules related to the development
and administration of the examination, examination fees,
guidelines for reexamination, grading the examination, and
providing notice of examination results.
SECTION 2.043. Section 502.2545, Occupations Code, is
amended to read as follows:
Sec. 502.2545. WAIVER OF EXAMINATION FOR CERTAIN
APPLICANTS. (a) The executive council [board] may waive the
requirement that an applicant for a license as a licensed marriage
and family therapist pass the examination required by Section
502.254 if the applicant:
(1) is a provisional license holder under Section
502.259 and the executive council [board] determines that the
applicant possesses sufficient education and professional
experience to receive a license without further examination; or
(2) holds a license issued by another licensing agency
in a profession related to the practice of marriage and family
therapy and the executive council [board] determines that the
applicant possesses sufficient education and professional
experience to receive a license without satisfying the examination
requirements of this chapter.
(b) The executive council [board] may adopt rules necessary
to administer this section, including rules under Subsection (a)(2)
prescribing the professions that are related to the practice of
marriage and family therapy.
SECTION 2.044. Section 502.257, Occupations Code, is
amended to read as follows:
Sec. 502.257. ISSUANCE OF LICENSE. The executive council
[board] shall issue a license as a licensed marriage and family
therapist associate or licensed marriage and family therapist, as
appropriate, to an applicant who:
(1) complies with the requirements of this chapter;
(2) passes the licensing examination, unless the
executive council [board] exempts the person from the examination
requirement; and
(3) pays the required fees.
SECTION 2.045. Section 502.258(a), Occupations Code, is
amended to read as follows:
(a) The executive council [board] by rule may provide for
the issuance of a temporary license.
SECTION 2.046. Section 502.259, Occupations Code, is
amended to read as follows:
Sec. 502.259. PROVISIONAL LICENSE. (a) The executive
council [board] may grant a provisional license to practice as a
marriage and family therapist in this state without examination to
an applicant who is licensed or otherwise registered as a marriage
and family therapist by another state or jurisdiction if the
requirements to be licensed or registered in the other state or
jurisdiction were, on the date the person was licensed or
registered, substantially equal to the requirements of this
chapter.
(b) An applicant for a provisional license must:
(1) be licensed in good standing as a marriage and
family therapist in another state or jurisdiction that has
licensing requirements that are substantially equal to the
requirements of this chapter;
(2) have passed a national or other examination that:
(A) is recognized by the executive council
[board]; and
(B) relates to marriage and family therapy; and
(3) be sponsored by a person licensed by the executive
council [board] with whom the provisional license holder may
practice under this section.
(c) An applicant may be excused from the requirement of
Subsection (b)(3) if the executive council [board] determines that
compliance with that subsection constitutes a hardship to the
applicant.
(d) A provisional license is valid until the date the
executive council [board] approves or denies the provisional
license holder's application for a license under Section 502.257.
The executive council [board] shall complete processing of a
provisional license holder's application for a license not later
than the 180th day after the date the provisional license is issued.
The executive council [board] may extend this period to allow for
the receipt and tabulation of pending examination results.
(e) The executive council [board] shall issue a license
under Section 502.257 to a provisional license holder if:
(1) the provisional license holder passes the
examination required by Section 502.254;
(2) the executive council [board] verifies that the
provisional license holder satisfies the academic and experience
requirements of this chapter; and
(3) the provisional license holder satisfies any other
license requirements under this chapter.
SECTION 2.047. Sections 502.260(a), (b), and (d),
Occupations Code, are amended to read as follows:
(a) The executive council [board] may place a license
holder's license under this chapter on inactive status if the
holder is not actively engaged in the practice of marriage and
family therapy and the holder submits a written request to the
executive council [board] before the expiration of the holder's
license.
(b) The executive council [board] shall maintain a list of
each license holder whose license is on inactive status.
(d) The executive council [board] shall remove the license
holder's license from inactive status if the person:
(1) notifies the executive council [board] in writing
that the person intends to return to active practice;
(2) pays an administrative fee; and
(3) complies with educational or other requirements
the executive council [board] adopts by rule.
SECTION 2.048. Section 502.261(b), Occupations Code, is
amended to read as follows:
(b) Each license holder shall notify the executive council
[board] of the license holder's current address.
SECTION 2.049. Section 502.301(a), Occupations Code, is
amended to read as follows:
(a) A license issued under this chapter is subject to
biennial renewal. The executive council [board] shall adopt a
system under which licenses expire on various dates during the
year.
SECTION 2.050. The heading to Subchapter H, Chapter 502,
Occupations Code, is amended to read as follows:
SUBCHAPTER H. DISCIPLINARY ACTIONS [AND PROCEDURES]
SECTION 2.051. Section 502.351, Occupations Code, is
amended to read as follows:
Sec. 502.351. GROUNDS FOR DISCIPLINARY ACTIONS. The
executive council [board] shall take disciplinary action under
Subchapter G, Chapter 507, against [reprimand] a license holder
who[, place on probation a person whose license has been suspended,
refuse to renew a person's license, or suspend or revoke a holder's
license if the person]:
(1) is convicted of a misdemeanor involving moral
turpitude or a felony;
(2) obtains or attempts to obtain a license by fraud or
deception;
(3) uses drugs or alcohol to an extent that affects the
license holder's professional competence;
(4) performs professional duties in a grossly
negligent manner;
(5) is adjudicated as mentally incompetent by a court;
(6) practices in a manner that is detrimental to the
public health or welfare;
(7) advertises in a manner that tends to deceive or
defraud the public;
(8) has a license or certification revoked by a
licensing agency or a certifying professional organization;
(9) violates this chapter or a rule or code of ethics
adopted under this chapter; or
(10) commits an act for which liability exists under
Chapter 81, Civil Practice and Remedies Code.
SECTION 2.052. Section 502.357, Occupations Code, is
amended to read as follows:
Sec. 502.357. GROUNDS FOR REFUSING RENEWAL. The executive
council [board] may refuse to renew the license of a person who
fails to pay an administrative penalty imposed under Subchapter H,
Chapter 507, [I] unless enforcement of the penalty is stayed or a
court has ordered that the administrative penalty is not owed.
SECTION 2.053. Section 502.358, Occupations Code, is
amended to read as follows:
Sec. 502.358. REFUND. (a) Subject to Subsection (b), the
executive council [board] may order a license holder to pay a refund
to a consumer as provided in an agreement resulting from an informal
settlement conference instead of or in addition to imposing an
administrative penalty under Subchapter H, Chapter 507 [this
chapter].
(b) The amount of a refund ordered as provided in an
agreement resulting from an informal settlement conference may not
exceed the amount the consumer paid to the license holder for a
service regulated by this chapter. The executive council [board]
may not require payment of other damages or estimate harm in a
refund order.
SECTION 2.054. The heading to Subchapter J, Chapter 502,
Occupations Code, is amended to read as follows:
SUBCHAPTER J. CRIMINAL PENALTY [OTHER PENALTIES AND ENFORCEMENT
PROVISIONS]
SECTION 2.055. Section 503.002(2), Occupations Code, is
amended to read as follows:
(2) "Executive council" ["Department"] means the
Texas Behavioral Health Executive Council [Department of State
Health Services].
SECTION 2.056. The heading to Section 503.104, Occupations
Code, is amended to read as follows:
Sec. 503.104. MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
SECTION 2.057. Sections 503.104(b) and (c), Occupations
Code, are amended to read as follows:
(b) A person may not be a member of the board [and may not be
a department employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.)] if:
(1) the person is an officer, employee, manager, or
paid consultant of a Texas trade association in the field of health
care; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of mental
health.
(c) A person may not be a member of the board [or act as the
general counsel to the board or the department] if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the board.
SECTION 2.058. Section 503.107(c), Occupations Code, is
amended to read as follows:
(c) If the executive director of the executive council has
knowledge that a potential ground for removal exists, the executive
director shall notify the presiding officer of the board of the
potential ground. The presiding officer shall then notify the
governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal involves the
presiding officer, the executive director shall notify the next
highest ranking officer of the board, who shall then notify the
governor and attorney general that a potential ground for removal
exists.
SECTION 2.059. Section 503.110, Occupations Code, is
amended by amending Subsection (b) and adding Subsection (d) to
read as follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing board operations;
(2) [this chapter and] the [board's] programs,
functions, rules, and budget of the board;
(3) the scope of and limitations on the rulemaking
authority of the board;
(4) the types of board rules, interpretations, and
enforcement actions that may implicate federal antitrust law by
limiting competition or impacting prices charged by persons engaged
in a profession or business the board regulates, including any
rule, interpretation, or enforcement action that:
(A) regulates the scope of practice of persons in
a profession or business the board regulates;
(B) restricts advertising by persons in a
profession or business the board regulates;
(C) affects the price of goods or services
provided by persons in a profession or business the board
regulates; or
(D) restricts participation in a profession or
business the board regulates;
(5) [(2)] the results of the most recent formal audit
of the board;
(6) [(3)] the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosure of conflicts
of interest [conflicts-of-interest]; and
(B) other laws applicable to members of the board
in performing their duties; and
(7) [(4)] any applicable ethics policies adopted by
the board or the Texas Ethics Commission.
(d) The executive director of the executive council shall
create a training manual that includes the information required by
Subsection (b). The executive director shall distribute a copy of
the training manual annually to each board member. Each member of
the board shall sign and submit to the executive director a
statement acknowledging that the member received and has reviewed
the training manual.
SECTION 2.060. The heading to Subchapter E, Chapter 503,
Occupations Code, is amended to read as follows:
SUBCHAPTER E. [BOARD] POWERS AND DUTIES
SECTION 2.061. Section 503.201, Occupations Code, is
amended to read as follows:
Sec. 503.201. GENERAL POWERS AND DUTIES OF EXECUTIVE
COUNCIL. (a) The executive council [board] shall:
(1) determine the qualifications and fitness of an
applicant for a license, license renewal, or provisional license;
(2) examine for, deny, approve, issue, revoke,
suspend, suspend on an emergency basis, place on probation, and
renew the license of an applicant or license holder under this
chapter;
(3) adopt and publish a code of ethics; and
(4) by rule adopt a list of authorized counseling
methods or practices that a license holder may undertake or
perform[; and
[(5) adopt an official seal].
(b) The executive council [board] may request and shall
receive the assistance of a state educational institution or other
state agency.
SECTION 2.062. Subchapter E, Chapter 503, Occupations Code,
is amended by adding Section 503.2015 to read as follows:
Sec. 503.2015. BOARD DUTIES. The board shall propose to the
executive council:
(1) rules regarding:
(A) the qualifications necessary to obtain a
license, including rules limiting an applicant's eligibility for a
license based on the applicant's criminal history;
(B) the scope of practice of and standards of
care and ethical practice for professional counseling; and
(C) continuing education requirements for
license holders; and
(2) a schedule of sanctions for violations of this
chapter or rules adopted under this chapter.
SECTION 2.063. Section 503.302, Occupations Code, is
amended to read as follows:
Sec. 503.302. QUALIFICATIONS FOR LICENSE. (a) A person
qualifies for a license under this chapter if the person:
(1) is at least 18 years old;
(2) has a master's or doctoral degree in counseling or
a related field;
(3) has successfully completed a graduate degree at a
regionally accredited institution of higher education and the
number of graduate semester hours required by executive council
[board] rule, which may not be less than 48 hours and must include
300 clock hours of supervised practicum that:
(A) is primarily counseling in nature; and
(B) meets the specific academic course content
and training standards established by the executive council
[board];
(4) has completed the number of supervised experience
hours required by executive council [board] rule, which may not be
less than 3,000 hours working in a counseling setting that meets the
requirements established by the executive council [board] after the
completion of the graduate program described by Subdivision (3);
(5) [except as provided by Subsection (b),] passes the
license examination and jurisprudence examination required by this
chapter;
(6) submits an application as required by the
executive council [board], accompanied by the required application
fee; and
(7) meets any other requirement prescribed by the
executive council [board].
(b) [(d)] In establishing the standards described by
Subsection (a)(3)(B), the executive council [board] shall review
and consider the standards as developed by the appropriate
professional association.
(c) [(e)] The executive council [board] may require the
statements on a license application to be made under oath.
SECTION 2.064. Subchapter G, Chapter 503, Occupations Code,
is amended by adding Section 503.3025 to read as follows:
Sec. 503.3025. EXPERIENCE REQUIRED TO ACT AS SUPERVISOR.
The executive council shall allow a license holder who has
practiced as a licensed counselor in another state to count that
out-of-state experience toward any experience that the license
holder is required by executive council rule to obtain to act as a
supervisor under this chapter if the executive council determines
that the other state has license requirements substantially
equivalent to the requirements of this chapter.
SECTION 2.065. Section 503.303(b), Occupations Code, is
amended to read as follows:
(b) The executive council [board] shall accept an
individual course from an art therapy program accredited through
the American Art Therapy Association as satisfying the education
requirements under Section 503.302(a)(3) if at least 75 percent of
the course content is substantially equivalent to the content of a
course required by executive council [board] rule.
SECTION 2.066. Section 503.304, Occupations Code, is
amended to read as follows:
Sec. 503.304. REVIEW OF APPLICATION. (a) Not later than
the 30th day before the examination date, after investigation of a
license application and review of other evidence submitted, the
executive council [board] shall notify the applicant that the
application and evidence submitted are:
(1) satisfactory and accepted; or
(2) unsatisfactory and rejected.
(b) If the executive council [board] rejects an
application, the executive council [board] shall state in the
notice the reasons for the rejection.
SECTION 2.067. Section 503.305, Occupations Code, is
amended to read as follows:
Sec. 503.305. LICENSE EXAMINATION. (a) The executive
council [board] shall administer examinations to determine the
competence of qualified applicants at least twice each calendar
year.
(b) The executive council [board] shall contract with a
nationally recognized testing organization to develop and
administer a written professional counselor licensing examination
to applicants who apply for a license under this chapter.
SECTION 2.068. Section 503.3055, Occupations Code, is
amended to read as follows:
Sec. 503.3055. JURISPRUDENCE EXAMINATION. (a) The board
shall develop [and administer at least twice each calendar year] a
jurisprudence examination to determine an applicant's knowledge of
this chapter, executive council [board] rules, and any other
applicable laws of this state affecting the applicant's
professional counseling practice. The executive council shall
administer the examination at least twice each calendar year.
(b) The executive council [board] shall adopt rules to
implement this section, including rules related to the development
and administration of the examination, examination fees,
guidelines for reexamination, grading the examination, and
providing notice of examination results.
SECTION 2.069. Section 503.308, Occupations Code, is
amended to read as follows:
Sec. 503.308. TEMPORARY LICENSE. (a) The executive
council [board] by rule may provide for the issuance of a temporary
license. Rules adopted under this subsection must provide a time
limit for the period a temporary license is valid.
(b) The executive council [board] by rule may adopt a system
under which a temporary license may be issued to a person who:
(1) meets all of the academic requirements for
licensing; and
(2) enters into a supervisory agreement with a
supervisor approved by the executive council [board].
SECTION 2.070. Sections 503.310(a), (c), and (d),
Occupations Code, are amended to read as follows:
(a) On application and payment of applicable fees, the
executive council [board] may issue a provisional license to a
person who holds a license as a counselor or art therapist issued by
another state or by a jurisdiction acceptable to the executive
council [board].
(c) An applicant is not required to comply with Subsection
(b)(3) if the executive council [board] determines that compliance
with that subsection is a hardship to the applicant.
(d) A provisional license is valid until the date the
executive council [board] approves or denies the provisional
license holder's application for a license under Section 503.311.
SECTION 2.071. Section 503.311, Occupations Code, is
amended to read as follows:
Sec. 503.311. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE
HOLDER. (a) The executive council [board] shall issue a license to
the holder of a provisional license who applies for a license if:
(1) the executive council [board] verifies that the
applicant has the academic and experience requirements for a
regular license under this chapter; and
(2) the applicant satisfies any other license
requirements under this chapter.
(b) The executive council [board] must complete the
processing of a provisional license holder's application for a
license not later than the later of:
(1) the 180th day after the date the provisional
license is issued; or
(2) the date licenses are issued following completion
of the next licensing and jurisprudence examinations
[examination].
SECTION 2.072. Sections 503.312(a) and (c), Occupations
Code, are amended to read as follows:
(a) On request of a person licensed under this chapter, the
executive council [board] shall place the person's license on
inactive status.
(c) A person whose license is inactive may apply to
reactivate the license. The executive council [board] shall
reactivate the license if the applicant:
(1) pays a license fee;
(2) is not in violation of this chapter when the
applicant applies to reactivate the license; and
(3) fulfills the requirements provided by executive
council [board] rule for the holder of an inactive license.
SECTION 2.073. Section 503.313, Occupations Code, is
amended to read as follows:
Sec. 503.313. RETIREMENT STATUS. The executive council
[board] by rule may adopt a system for placing a person licensed
under this chapter on retirement status.
SECTION 2.074. Section 503.314(b), Occupations Code, is
amended to read as follows:
(b) A license certificate issued by the executive council
[board] is the property of the executive council [board] and must be
surrendered on demand.
SECTION 2.075. Section 503.351, Occupations Code, is
amended to read as follows:
Sec. 503.351. RENEWAL; ELIGIBILITY. A person licensed
under this chapter may renew the license biennially if the person:
(1) is not in violation of this chapter when the person
applies for renewal; and
(2) fulfills the continuing education requirements
established by the executive council [board].
SECTION 2.076. Section 503.352, Occupations Code, is
amended to read as follows:
Sec. 503.352. LICENSE EXPIRATION DATE. The executive
council [board] shall adopt a system under which licenses expire on
various dates during the year. On renewal of the license on the
expiration date, the total license renewal fee is payable.
SECTION 2.077. Section 503.353, Occupations Code, is
amended to read as follows:
Sec. 503.353. NOTICE OF LICENSE EXPIRATION. Not later than
the 30th day before the expiration date of a person's license, the
executive council [board] shall send written notice of the
impending license expiration to the person at the person's last
known address according to the executive council's [board's]
records.
SECTION 2.078. The heading to Subchapter I, Chapter 503,
Occupations Code, is amended to read as follows:
SUBCHAPTER I. DISCIPLINARY ACTIONS [PROCEDURES]
SECTION 2.079. Section 503.401(a), Occupations Code, is
amended to read as follows:
(a) A person licensed under this chapter is subject to
disciplinary action under Subchapter G, Chapter 507, [this section]
if the person:
(1) violates this chapter or a rule or code of ethics
adopted under this chapter [by the board];
(2) commits an act for which the license holder would
be liable under Chapter 81, Civil Practice and Remedies Code;
(3) is legally committed to an institution because of
mental incompetence from any cause; or
(4) directly or indirectly offers to pay or agrees to
accept remuneration to or from any person for securing or
soliciting a patient or patronage.
SECTION 2.080. Section 503.407, Occupations Code, is
amended to read as follows:
Sec. 503.407. REFUND. (a) Subject to Subsection (b), the
executive council [board] may order a license holder to pay a refund
to a consumer as provided in an agreement resulting from an informal
settlement conference instead of or in addition to imposing an
administrative penalty under Subchapter H, Chapter 507 [this
chapter].
(b) The amount of a refund ordered as provided in an
agreement resulting from an informal settlement conference may not
exceed the amount the consumer paid to the license holder for a
service regulated by this chapter. The executive council [board]
may not require payment of other damages or estimate harm in a
refund order.
SECTION 2.081. Section 503.453, Occupations Code, is
amended to read as follows:
Sec. 503.453. REPORT OF ALLEGED OFFENSE. The executive
council [board] shall notify the appropriate prosecuting attorney
of an alleged offense committed under this chapter.
SECTION 2.082. Section 505.002, Occupations Code, is
amended to read as follows:
Sec. 505.002. DEFINITIONS. In this chapter:
(1) [(2)] "Board" means the Texas State Board of
Social Worker Examiners.
(2) [(3)] "Council on Social Work Education" means the
national organization that is primarily responsible for the
accreditation of schools of social work in the United States or its
successor approved by the executive council [board].
(3) "Executive council" means the Texas Behavioral
Health Executive Council.
(4) ["Department" means the Department of State Health
Services.
[(4-a)] "Licensed baccalaureate social worker" means
a person who holds a baccalaureate social worker license issued [by
the board] under this chapter.
(5) [(4-b)] "Licensed clinical social worker" means a
person who holds a clinical social worker license issued [by the
board] under this chapter.
(6) [(5)] "Licensed master social worker" means a
person who holds a master social worker license issued [by the
board] under this chapter.
(7) [(6)] "Licensed social worker" means a person who
holds a social worker license issued [by the board] under this
chapter.
(8) [(9)] "Social worker" means a person who holds any
license issued [by the board] under this chapter.
SECTION 2.083. Section 505.102(b), Occupations Code, is
amended to read as follows:
(b) A person is not eligible for appointment as a public
member of the board if:
(1) the person is registered, certified, or licensed
by an occupational regulatory agency in the field of health care;
(2) the person's spouse is registered, certified, or
licensed by an occupational regulatory agency in the field of
mental health; or
(3) the person or the person's spouse:
(A) is employed by or participates in the
management of a business entity or other organization regulated by
or receiving funds from the board or executive council
[department];
(B) owns or controls, directly or indirectly,
more than a 10 percent interest in a business entity or other
organization regulated by or receiving funds from the board or
executive council [department]; or
(C) uses or receives a substantial amount of
tangible goods, services, or funds from the board or executive
council [department], other than compensation or reimbursement
authorized by law for board membership, attendance, or expenses.
SECTION 2.084. The heading to Section 505.103, Occupations
Code, is amended to read as follows:
Sec. 505.103. MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
SECTION 2.085. Sections 505.103(b) and (c), Occupations
Code, are amended to read as follows:
(b) A person may not be a member of the board [and may not be
an employee of the department employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.)] if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of health care;
or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of mental
health.
(c) A person may not be a member of the board [or act as
general counsel to the board or the department] if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the board.
SECTION 2.086. Section 505.109, Occupations Code, is
amended by amending Subsection (b) and adding Subsection (d) to
read as follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing [legislation that created the]
board operations;
(2) [and] the [board's] programs, functions, rules,
and budget of the board;
(3) the scope of and limitations on the rulemaking
authority of the board;
(4) the types of board rules, interpretations, and
enforcement actions that may implicate federal antitrust law by
limiting competition or impacting prices charged by persons engaged
in a profession or business the board regulates, including any
rule, interpretation, or enforcement action that:
(A) regulates the scope of practice of persons in
a profession or business the board regulates;
(B) restricts advertising by persons in a
profession or business the board regulates;
(C) affects the price of goods or services
provided by persons in a profession or business the board
regulates; or
(D) restricts participation in a profession or
business the board regulates;
(5) [(2)] the results of the most recent formal audit
of the board;
(6) [(3)] the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosure of conflicts
of interest; and
(B) other laws applicable to members of the board
in performing their duties; and
(7) [(4)] any applicable ethics policies adopted by
the board or the Texas Ethics Commission.
(d) The executive director of the executive council shall
create a training manual that includes the information required by
Subsection (b). The executive director shall distribute a copy of
the training manual annually to each board member. Each member of
the board shall sign and submit to the executive director a
statement acknowledging that the member received and has reviewed
the training manual.
SECTION 2.087. Section 505.201, Occupations Code, is
amended to read as follows:
Sec. 505.201. GENERAL RULEMAKING AND ENFORCEMENT AUTHORITY
OF EXECUTIVE COUNCIL. (a) The executive council [board] may:
(1) adopt and enforce rules necessary to perform the
executive council's [board's] duties under this chapter;
(2) establish standards of conduct and ethics for
license holders; and
(3) ensure strict compliance with and enforcement of
this chapter.
(b) [In adopting rules under this section, the board shall
consider the rules and procedures of the department. The board
shall adopt procedural rules, which may not be inconsistent with
similar rules and procedures of the department.
[(c)] The executive council [board] by rule may define a
term not defined under Section 505.002 if a definition is necessary
to administer or enforce this chapter.
(c) [(e)] For each type of license issued under this
chapter, the executive council [board] shall establish:
(1) the minimum eligibility requirements;
(2) educational requirements;
(3) professional experience criteria;
(4) supervision requirements; and
(5) independent practice criteria.
(d) [(f)] The executive council [board] shall establish
procedures for recognition of independent practice.
SECTION 2.088. Subchapter D, Chapter 505, Occupations Code,
is amended by adding Section 505.2015 to read as follows:
Sec. 505.2015. BOARD DUTIES. The board shall propose to the
executive council:
(1) rules regarding:
(A) the qualifications necessary to obtain a
license or order of recognition of specialty, including rules
limiting an applicant's eligibility for a license or order based on
the applicant's criminal history;
(B) the scope of practice of and standards of
care and ethical practice for social work; and
(C) continuing education requirements for
license holders or holders of orders of recognition of specialty;
and
(2) a schedule of sanctions for violations of this
chapter or rules adopted under this chapter.
SECTION 2.089. Section 505.206, Occupations Code, is
amended to read as follows:
Sec. 505.206. ROSTER OF INDEPENDENT SOCIAL WORKERS. The
executive council [board] shall publish a roster of persons
recognized under Section 505.307 as qualified for the independent
practice of social work.
SECTION 2.090. Section 505.301, Occupations Code, is
amended to read as follows:
Sec. 505.301. ESTABLISHMENT OF SPECIALTY AREA. (a) The
executive council [board] may establish within the scope of social
work practice and this chapter specialty areas of social work for
license holders under this chapter who are licensed in good
standing if establishment of the specialty areas:
(1) is necessary to promote the public interest; and
(2) assists the public in identifying qualified
persons in a social work practice specialty.
(b) The executive council [board] may not authorize a
specialty area within the practice of social work unless the
executive council [board] sets the minimum qualifications for
social work practice with appropriate supervision and examination,
as determined by the executive council [board].
(c) The executive council [board] may not establish a
specialty area of social work or a specialty area identification
that conflicts with a state licensing law.
SECTION 2.091. Section 505.302(a), Occupations Code, is
amended to read as follows:
(a) In establishing a specialty area of social work, the
executive council [board] shall:
(1) define the scope of the specialty;
(2) establish qualifications for specialty area
practitioners that describe, in accordance with Subdivision (1),
the scope of the specialty area;
(3) adopt rules of conduct to ensure strict compliance
with and enforcement of this chapter; and
(4) adopt rules for the suspension or revocation of an
order of recognition of specialty.
SECTION 2.092. Sections 505.303(a) and (c), Occupations
Code, are amended to read as follows:
(a) The executive council [board] shall establish a
specialty area for the practice of clinical social work that is
available only to a licensed master social worker who satisfies the
minimum number of years of active social work practice with
appropriate supervision and clinical examination, as determined by
the executive council [board].
(c) For purposes of Subchapter C, Chapter 1451, Insurance
Code:
(1) a person recognized as qualified for the
independent practice of clinical social work may use the title
"Licensed Clinical Social Worker" or another title approved by the
executive council [board]; and
(2) a [board-approved] title approved by the executive
council under this subsection has the same meaning and effect as the
title "Licensed Clinical Social Worker."
SECTION 2.093. Section 505.304, Occupations Code, is
amended to read as follows:
Sec. 505.304. ORDER OF RECOGNITION OF SPECIALTY. (a) The
executive council [board] shall prescribe the name, design, and
content of an order of recognition of specialty.
(b) An order of recognition of specialty must:
(1) state the full name of the person recognized in the
order; and
(2) state the official specialty serial number [;
[(3) include the presiding officer's signature; and
[(4) include the board's official seal].
SECTION 2.094. Section 505.305, Occupations Code, is
amended to read as follows:
Sec. 505.305. RECOGNITION OF SPECIALTY; ISSUANCE OF ORDER.
(a) The executive council [board] shall recognize a social worker
as qualified for the practice of a specialty area of social work if
the social worker satisfies the recognition requirements
established by the executive council [board] and the executive
council [board] determines that the person is worthy of the public
trust in performing services within the scope of the specialty
area.
(b) The executive council [board] shall issue an order of
recognition of specialty to a social worker who is recognized as
qualified for the practice of a specialty area of social work. The
order of recognition of specialty evidences the state's recognition
of the social worker as a specialty social work practitioner under
the identification or title designated by the executive council
[board].
SECTION 2.095. Section 505.306, Occupations Code, is
amended to read as follows:
Sec. 505.306. PROHIBITED USE OF SPECIALTY AREA
IDENTIFICATION OR TITLE. If the executive council [board]
establishes a specialty area of social work, a social worker may not
use the specialty area identification or title designated by the
executive council [board] unless the person is recognized as
qualified for the practice of the specialty area under this
chapter.
SECTION 2.096. Section 505.307, Occupations Code, is
amended to read as follows:
Sec. 505.307. INDEPENDENT PRACTICE RECOGNITION; MINIMUM
QUALIFICATIONS. (a) The executive council [board] shall establish
procedures for recognizing a social worker qualified for the
independent practice of social work.
(b) A social worker may not be recognized as qualified for
the independent practice of social work unless the person satisfies
the requirements of social work education, experience, and
supervision as determined by the executive council [board].
SECTION 2.097. Section 505.352, Occupations Code, is
amended to read as follows:
Sec. 505.352. LICENSE APPLICATION. A person may apply for a
license under this chapter by submitting an application to the
executive council [board]. The application must:
(1) be on a form prescribed by the executive council
[board]; and
(2) contain statements made under oath regarding the
applicant's education and experience and any other information
required by the executive council [board] that qualifies the
applicant for a license.
SECTION 2.098. Section 505.353, Occupations Code, is
amended to read as follows:
Sec. 505.353. ELIGIBILITY. (a) To be eligible for a
license under this chapter, an applicant must:
(1) be at least 18 years of age;
(2) be worthy of the public trust and confidence;
(3) satisfy the education and experience requirements
under this section; and
(4) pass the licensing examination conducted by the
executive council [board] under Section 505.354 and the
jurisprudence examination conducted by the executive council
[board] under Section 505.3545.
(b) An applicant may take the licensing examination
conducted by the executive council [board] under Section 505.354
for:
(1) a master social worker license if the applicant
possesses a doctoral or master's degree in social work from a
graduate program that is accredited by or is in candidacy for
accreditation by the Council on Social Work Education;
(2) a baccalaureate social worker license if the
applicant possesses a baccalaureate degree in social work from an
educational program that is accredited by or is in candidacy for
accreditation by the Council on Social Work Education; or
(3) a clinical social worker license if the applicant
possesses a doctoral or master's degree in social work from an
accredited graduate program approved by the executive council
[board] and meets the qualifications for clinical social work
practice as determined by the executive council [board] under this
chapter.
(c) The executive council [board] may require an applicant
to submit documentary evidence of the quality, scope, and nature of
the applicant's experience and competence to:
(1) determine the credibility and acceptability of the
applicant's professional or technical experience or competence;
and
(2) ensure the public safety, health, and welfare.
SECTION 2.099. Sections 505.354(a), (b), and (e),
Occupations Code, are amended to read as follows:
(a) The board[, at least once each calendar year,] shall
prepare [and administer] an examination to assess an applicant's
qualifications for a license under this chapter. The executive
council shall administer the examination at least once each
calendar year.
(b) Each license examination shall be conducted in a manner
that is determined by the executive council [board] and is fair and
impartial to each applicant and school or system of social work.
(e) The executive council [board] shall have the written
portion of the examination, if any, validated by an independent
testing entity.
SECTION 2.100. Section 505.3545, Occupations Code, is
amended to read as follows:
Sec. 505.3545. JURISPRUDENCE EXAMINATION. (a) The board
shall develop [and administer at least twice each calendar year] a
jurisprudence examination to determine an applicant's knowledge of
this chapter, [board] rules adopted under this chapter, and any
other applicable laws of this state affecting the applicant's
social work practice. The executive council shall administer the
examination at least twice each calendar year.
(b) The executive council [board] shall adopt rules to
implement this section, including rules related to the development
and administration of the examination, examination fees,
guidelines for reexamination, grading the examination, and
providing notice of examination results.
SECTION 2.101. Section 505.357(a), Occupations Code, is
amended to read as follows:
(a) The executive council [board] shall issue a temporary
license to an applicant who:
(1) has not taken the licensing examination under
Section 505.354 or the jurisprudence examination under Section
505.3545; and
(2) satisfies the requirements for obtaining a license
under this chapter other than passing the licensing and
jurisprudence examinations.
SECTION 2.102. Section 505.3575, Occupations Code, is
amended to read as follows:
Sec. 505.3575. ISSUANCE OF LICENSES TO CERTAIN OUT-OF-STATE
APPLICANTS. (a) Notwithstanding any other licensing requirement
of this subchapter:
(1) the executive council [board] may not require an
applicant who is licensed in good standing in another state to pass
a licensing examination conducted by the executive council [board]
under Section 505.354 if an applicant with substantially equivalent
experience who resides in this state would not be required to take
the licensing examination; and
(2) the executive council [board] may issue a license
to an applicant who is currently licensed in another state to
independently practice social work if:
(A) after an assessment, the executive council
[board] determines that the applicant:
(i) demonstrates sufficient experience and
competence;
(ii) has passed the jurisprudence
examination conducted by the executive council [board] under
Section 505.3545; and
(iii) at the time of the application, is in
good standing with the regulatory agency of the state in which the
applicant is licensed; and
(B) the applicant presents to the executive
council [board] credentials that the applicant obtained from a
national accreditation organization and the executive council
[board] determines that the requirements to obtain the credentials
are sufficient to minimize any risk to public safety.
(b) When assessing the experience and competence of an
applicant for the purposes of this section, the executive council
[board] may take into consideration any supervision received by the
applicant in another state or jurisdiction if the executive council
[board] determines that the supervision would be taken into
consideration for the purpose of licensing or certification in the
state or jurisdiction in which the applicant received the
supervision.
SECTION 2.103. Section 505.358, Occupations Code, is
amended to read as follows:
Sec. 505.358. PROVISIONAL LICENSE. (a) A person may apply
for a provisional license as a social worker by paying the
appropriate fee and filing an application with the executive
council [board]. The executive council [board] may issue a
provisional license to a person who meets the requirements of this
section.
(b) An applicant for a provisional license must:
(1) be licensed or certified in good standing as a
social worker in another state or jurisdiction that has licensing
or certification requirements determined by the executive council
[board] to be substantially equivalent to the requirements of this
chapter;
(2) have passed a national or other examination
recognized by the executive council [board] relating to the
practice of social work; and
(3) be sponsored by a person licensed under this
chapter with whom the provisional license holder may practice
social work.
(c) An applicant is not required to comply with Subsection
(b)(3) if the executive council [board] determines that compliance
constitutes a hardship to the applicant.
(d) A provisional license is valid until the date the
executive council [board] approves or denies the provisional
license holder's application for a license under Section 505.359.
SECTION 2.104. Section 505.359, Occupations Code, is
amended to read as follows:
Sec. 505.359. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE
HOLDER. (a) The executive council [board] shall issue an
appropriate license to a provisional license holder:
(1) who passes the licensing examination under Section
505.354 and the jurisprudence examination under Section 505.3545;
(2) for whom the executive council [board] verifies
that the person satisfies the academic and experience requirements
under Section 505.353; and
(3) who satisfies any other license requirements under
this chapter.
(b) The executive council [board] shall complete the
processing of a provisional license holder's application for a
license not later than the 180th day after the date the provisional
license is issued or the date licenses are issued after successful
completion of the next licensing and jurisprudence examinations,
whichever date is later.
(c) The executive council [board] may waive a license
requirement for an applicant who is licensed or certified in
another state if this state has entered into a reciprocity
agreement with that state.
SECTION 2.105. Section 505.401(a-1), Occupations Code, is
amended to read as follows:
(a-1) The executive council [board] by rule shall adopt a
system under which licenses and orders of recognition of specialty
expire on various dates during the year.
SECTION 2.106. Section 505.405, Occupations Code, is
amended to read as follows:
Sec. 505.405. GROUNDS FOR REFUSING RENEWAL. The executive
council [board] may refuse to renew the license of a person who
fails to pay an administrative penalty imposed under Subchapter H,
Chapter 507, [K] unless enforcement of the penalty is stayed or a
court has ordered that the administrative penalty is not owed.
SECTION 2.107. The heading to Subchapter I, Chapter 505,
Occupations Code, is amended to read as follows:
SUBCHAPTER I. [DENIAL OF LICENSE OR ORDER AND] DISCIPLINARY ACTION
[PROCEDURES]
SECTION 2.108. Section 505.451, Occupations Code, is
amended to read as follows:
Sec. 505.451. GROUNDS FOR [DENIAL OF LICENSE OR ORDER OF
RECOGNITION OF SPECIALTY;] DISCIPLINARY ACTION. The executive
council [board] shall take disciplinary action under Subchapter G,
Chapter 507, against a person [deny an application for a license or
order of recognition of specialty and shall revoke or suspend,
including a suspension on an emergency basis, a license or order,
place a holder of a license or order that has been suspended on
probation, refuse to renew a person's license, or reprimand a
holder of a license or order] for:
(1) violating this chapter or a rule adopted [by the
board] under this chapter;
(2) circumventing or attempting to circumvent the
requirements of this chapter or a rule adopted [by the board] under
this chapter;
(3) directly or indirectly participating in a scheme
to evade the requirements of this chapter or a rule adopted [by the
board] under this chapter;
(4) engaging in unethical conduct;
(5) engaging in conduct that discredits or tends to
discredit the social work profession;
(6) performing an act, allowing an omission, or making
an assertion or representation that is fraudulent, deceitful, or
misleading or that tends to create a misleading impression;
(7) knowingly associating with or permitting the use
of a license holder's professional services or identification in
connection with an enterprise that the person knows or should have
known in the exercise of reasonable diligence violates this chapter
or a rule adopted [by the board] under this chapter;
(8) knowingly associating with or permitting the use
of a license holder's name, professional services or
identification, or endorsement in connection with an enterprise
that the person knows or should have known in the exercise of
reasonable diligence is a trade, business, or professional practice
of a fraudulent, deceitful, or misleading nature;
(9) directly or indirectly revealing or causing to be
revealed a confidential communication transmitted to the license
holder by a client or other recipient of the license holder's
services unless revealing the communication is required by law;
(10) having been denied an application for a license
or certificate to practice social work in another jurisdiction for
a reason that the executive council [board] determines would be a
violation of this chapter or a rule adopted [by the board] under
this chapter;
(11) holding a license or certificate in another
jurisdiction that is suspended or revoked for a reason that the
executive council [board] determines would be a violation of this
chapter or a rule adopted [by the board] under this chapter;
(12) having been convicted of a felony in this state,
another state, or the United States;
(13) refusing to perform an act or service within the
scope of the license holder's license solely because of the
recipient's age, sex, race, religion, national origin, color, or
political affiliation; or
(14) committing an act for which liability exists
under Chapter 81, Civil Practice and Remedies Code.
SECTION 2.109. Section 505.454(a), Occupations Code, is
amended to read as follows:
(a) A person who holds an expired license or order of
recognition of specialty under this chapter is subject to a
sanction under this chapter if the executive council [board]
determines that the person violated this chapter or a rule adopted
[by the board] under this chapter during the period in which the
license or order was valid.
SECTION 2.110. Section 505.458, Occupations Code, is
amended to read as follows:
Sec. 505.458. REFUND. (a) Subject to Subsection (b), the
executive council [board] may order a license holder to pay a refund
to a consumer as provided in an agreement resulting from an informal
settlement conference instead of or in addition to imposing an
administrative penalty under this chapter.
(b) The amount of a refund ordered as provided in an
agreement resulting from an informal settlement conference may not
exceed the amount the consumer paid to the license holder for a
service regulated by this chapter. The executive council [board]
may not require payment of other damages or estimate harm in a
refund order.
SECTION 2.111. Section 505.505, Occupations Code, is
amended to read as follows:
Sec. 505.505. APPEAL BOND NOT REQUIRED. The executive
council [board or department] is not required to post an appeal bond
in any action arising under this chapter.
SECTION 2.112. Section 505.506, Occupations Code, is
amended to read as follows:
Sec. 505.506. REPRESENTATION BY ATTORNEY GENERAL. The
attorney general shall represent the executive council [board or
department] in an action brought to enforce this chapter.
SECTION 2.113. The following provisions of the Occupations
Code are repealed:
(1) Section 501.002(3);
(2) Section 501.005;
(3) Subchapter C, Chapter 501;
(4) Sections 501.151(a) and (b);
(5) Section 501.152;
(6) Section 501.154;
(7) Section 501.156;
(8) Section 501.157;
(9) Section 501.160;
(10) Section 501.161;
(11) Section 501.162;
(12) Subchapter E, Chapter 501;
(13) Sections 501.252(b), (c), and (d);
(14) Section 501.254;
(15) Sections 501.256(e), (f), and (g);
(16) Section 501.2561;
(17) Section 501.257;
(18) Section 501.258;
(19) Section 501.261(b);
(20) Section 501.302;
(21) Section 501.303;
(22) Section 501.304;
(23) Section 501.402;
(24) Section 501.403;
(25) Section 501.404;
(26) Section 501.405;
(27) Section 501.406;
(28) Section 501.409;
(29) Section 501.410;
(30) Subchapter J, Chapter 501;
(31) Section 501.501;
(32) Section 501.502;
(33) Section 501.504;
(34) Section 502.002(3);
(35) Section 502.003;
(36) Subchapter C, Chapter 502;
(37) Section 502.152;
(38) Section 502.153;
(39) Section 502.154;
(40) Section 502.156;
(41) Section 502.1565;
(42) Section 502.157;
(43) Section 502.158;
(44) Section 502.161;
(45) Section 502.162;
(46) Section 502.163;
(47) Subchapter E, Chapter 502;
(48) Section 502.255;
(49) Section 502.256;
(50) Sections 502.301(b), (c), (d), and (e);
(51) Section 502.302;
(52) Section 502.303;
(53) Section 502.352;
(54) Section 502.353;
(55) Section 502.354;
(56) Section 502.355;
(57) Section 502.356;
(58) Subchapter I, Chapter 502;
(59) Section 502.451;
(60) Section 502.452;
(61) Section 502.453;
(62) Section 502.455;
(63) Section 503.005;
(64) Subchapter D, Chapter 503;
(65) Section 503.202;
(66) Section 503.203;
(67) Section 503.204;
(68) Section 503.2045;
(69) Section 503.205;
(70) Section 503.207;
(71) Section 503.209;
(72) Section 503.210;
(73) Section 503.211;
(74) Subchapter F, Chapter 503;
(75) Section 503.306;
(76) Section 503.307;
(77) Section 503.354;
(78) Section 503.355;
(79) Section 503.356;
(80) Sections 503.401(b), (c), and (d);
(81) Section 503.402;
(82) Section 503.403;
(83) Section 503.404;
(84) Section 503.405;
(85) Section 503.406;
(86) Section 503.451;
(87) Section 503.454;
(88) Subchapter K, Chapter 503;
(89) Section 505.005;
(90) Section 505.110;
(91) Subchapter C, Chapter 505;
(92) Section 505.202;
(93) Section 505.203;
(94) Section 505.204;
(95) Section 505.205;
(96) Section 505.209;
(97) Section 505.210;
(98) Section 505.211;
(99) Subchapter E, Chapter 505;
(100) Section 505.355;
(101) Section 505.356;
(102) Section 505.402;
(103) Section 505.403;
(104) Section 505.404;
(105) Section 505.452;
(106) Section 505.453;
(107) Section 505.454(b);
(108) Section 505.455;
(109) Section 505.456;
(110) Section 505.457;
(111) Section 505.501;
(112) Section 505.503;
(113) Section 505.504;
(114) Section 505.508; and
(115) Subchapter K, Chapter 505.
ARTICLE 3. CONFORMING AMENDMENTS
SECTION 3.001. Article 66.104(a), Code of Criminal
Procedure, is amended to read as follows:
(a) The Texas Medical Board, the Texas Department of
Licensing and Regulation, only with respect to a person licensed
under Chapter 202, Occupations Code [State Board of Podiatric
Medical Examiners], the State Board of Dental Examiners, the Texas
State Board of Pharmacy, the Texas Behavioral Health Executive
Council, only with respect to a person licensed under Chapter 501,
Occupations Code [State Board of Examiners of Psychologists], and
the State Board of Veterinary Medical Examiners shall provide to
the Department of Public Safety through electronic means, magnetic
tape, or disk, as specified by the department, a list of each person
licensed by the respective agency, including the person's name and
date of birth and any other personal descriptive information
required by the department. Each agency shall update the
information and submit the updated information quarterly to the
department.
SECTION 3.002. Section 411.122(d), Government Code, is
amended to read as follows:
(d) The following state agencies are subject to this
section:
(1) Texas Appraiser Licensing and Certification
Board;
(2) Texas Board of Architectural Examiners;
(3) Texas Board of Chiropractic Examiners;
(4) State Board of Dental Examiners;
(5) Texas Board of Professional Engineers;
(6) Texas Funeral Service Commission;
(7) Texas Board of Professional Geoscientists;
(8) Health and Human Services Commission [Department
of State Health Services], except as provided by Section 411.110,
and agencies attached to the commission [department, including:
[(A) Texas State Board of Examiners of Marriage
and Family Therapists;
[(B) Texas State Board of Examiners of
Professional Counselors; and
[(C) Texas State Board of Social Worker
Examiners];
(9) Texas Board of Professional Land Surveying;
(10) Texas Department of Licensing and Regulation,
except as provided by Section 411.093;
(11) Texas Commission on Environmental Quality;
(12) Texas Board of Occupational Therapy Examiners;
(13) Texas Optometry Board;
(14) Texas State Board of Pharmacy;
(15) Texas Board of Physical Therapy Examiners;
(16) Texas State Board of Plumbing Examiners;
(17) [Texas State Board of Podiatric Medical
Examiners;
[(18)] Texas Behavioral Health Executive Council
[State Board of Examiners of Psychologists];
(18) [(19)] Texas Real Estate Commission;
(19) [(20)] Texas Department of Transportation;
(20) [(21)] State Board of Veterinary Medical
Examiners;
(21) [(22)] Texas Department of Housing and Community
Affairs;
(22) [(23)] secretary of state;
(23) [(24)] state fire marshal;
(24) [(25)] Texas Education Agency;
(25) [(26)] Department of Agriculture; and
(26) [(27)] Texas Department of Motor Vehicles.
SECTION 3.003. Section 2054.2606(a), Government Code, is
amended to read as follows:
(a) The following licensing entities shall establish a
profile system consisting of the specific license holder
information prescribed by Subsection (c):
(1) Texas Board of Chiropractic Examiners, with
respect to chiropractors;
(2) Texas Department of Licensing and Regulation
[State Board of Podiatric Medical Examiners], with respect to
podiatrists;
(3) State Board of Dental Examiners, with respect to
dentists;
(4) Texas Optometry Board, with respect to
optometrists and therapeutic optometrists;
(5) Texas Board of Physical Therapy Examiners, with
respect to physical therapists and physical therapy facilities;
(6) Texas Board of Occupational Therapy Examiners,
with respect to occupational therapists and occupational therapy
facilities;
(7) Texas Behavioral Health Executive Council [State
Board of Examiners of Psychologists], with respect to
psychologists; and
(8) Texas State Board of Pharmacy, with respect to
pharmacists and pharmacies.
SECTION 3.004. Section 2054.352(a), Government Code, is
amended to read as follows:
(a) The following licensing entities shall participate in
the system established under Section 2054.353:
(1) Texas Board of Chiropractic Examiners;
(2) Judicial Branch Certification Commission;
(3) State Board of Dental Examiners;
(4) Texas Funeral Service Commission;
(5) Texas Board of Professional Land Surveying;
(6) Texas Medical Board;
(7) Texas Board of Nursing;
(8) Texas Optometry Board;
(9) Department of Agriculture, for licenses issued
under Chapter 1951, Occupations Code;
(10) Texas State Board of Pharmacy;
(11) Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(12) Texas State Board of Plumbing Examiners;
(13) [Texas State Board of Podiatric Medical
Examiners;
[(14)] Texas Behavioral Health Executive Council
[State Board of Examiners of Psychologists];
(14) [(15)] State Board of Veterinary Medical
Examiners;
(15) [(16)] Texas Real Estate Commission;
(16) [(17)] Texas Appraiser Licensing and
Certification Board;
(17) [(18)] Texas Department of Licensing and
Regulation;
(18) [(19)] Texas State Board of Public Accountancy;
(19) [(20)] State Board for Educator Certification;
(20) [(21)] Texas Board of Professional Engineers;
(21) Health and Human Services Commission
[(22) Department of State Health Services];
(22) [(23)] Texas Board of Architectural Examiners;
(23) [(24)] Texas Racing Commission;
(24) [(25)] Texas Commission on Law Enforcement; and
(25) [(26)] Texas Private Security Board.
SECTION 3.005. Section 36.132(a)(2), Human Resources Code,
is amended to read as follows:
(2) "Licensing authority" means:
(A) the Texas Medical Board;
(B) the State Board of Dental Examiners;
(C) the Texas Behavioral Health Executive
Council [State Board of Examiners of Psychologists];
(D) [the Texas State Board of Social Worker
Examiners;
[(E)] the Texas Board of Nursing;
(E) [(F)] the Texas Board of Physical Therapy
Examiners;
(F) [(G)] the Texas Board of Occupational
Therapy Examiners; or
(G) [(H)] another state agency authorized to
regulate a provider who receives or is eligible to receive payment
for a health care service under the Medicaid program.
SECTION 3.006. Sections 1451.001(9), (10), (11), (18), and
(19), Insurance Code, are amended to read as follows:
(9) "Licensed clinical social worker" means an
individual licensed [by the Texas State Board of Social Worker
Examiners] as a [licensed] clinical social worker under Chapter
505, Occupations Code.
(10) "Licensed professional counselor" means an
individual licensed under Chapter 503, Occupations Code [by the
Texas State Board of Examiners of Professional Counselors].
(11) "Marriage and family therapist" means an
individual licensed under Chapter 502, Occupations Code [by the
Texas State Board of Examiners of Marriage and Family Therapists].
(18) "Psychological associate" means an individual
licensed as a psychological associate by the Texas Behavioral
Health Executive Council [State Board of Examiners of Psychologists
who practices solely under the supervision of a licensed
psychologist].
(19) "Psychologist" means an individual licensed as a
psychologist by the Texas Behavioral Health Executive Council
[State Board of Examiners of Psychologists].
SECTION 3.007. Section 101.002, Occupations Code, is
amended to read as follows:
Sec. 101.002. COMPOSITION OF COUNCIL. The council consists
of 13 [14] members, with one member appointed by each of the
following:
(1) the Texas Board of Chiropractic Examiners;
(2) the State Board of Dental Examiners;
(3) the Texas Optometry Board;
(4) the Texas State Board of Pharmacy;
(5) [the Texas State Board of Podiatric Medical
Examiners;
[(6)] the State Board of Veterinary Medical Examiners;
(6) [(7)] the Texas Medical Board;
(7) [(8)] the Texas Board of Nursing;
(8) [(9)] the Texas Behavioral Health Executive
Council [State Board of Examiners of Psychologists];
(9) [(10)] the Texas Funeral Service Commission;
(10) [(11)] the entity that regulates the practice of
physical therapy;
(11) [(12)] the entity that regulates the practice of
occupational therapy;
(12) [(13)] the health licensing division of the
Health and Human Services Commission [Department of State Health
Services]; and
(13) [(14)] the governor's office.
SECTION 3.008. Section 110.001(7), Occupations Code, is
amended to read as follows:
(7) "Sex offender treatment provider" means a person,
licensed by the council and recognized based on training and
experience to provide assessment and treatment to adult sex
offenders or juveniles with sexual behavioral problems who have
been convicted, adjudicated, awarded deferred adjudication, or
referred by a state agency or a court, and licensed in this state to
practice as a physician, psychiatrist, psychologist, psychological
associate, provisionally licensed psychologist, licensed
professional counselor, licensed professional counselor intern,
licensed marriage and family therapist, licensed marriage and
family associate, licensed clinical social worker, licensed master
social worker under a clinical supervision plan approved by the
Texas Behavioral Health Executive Council [State Board of Social
Worker Examiners], or advanced practice nurse recognized as a
psychiatric clinical nurse specialist or psychiatric mental health
nurse practitioner, who provides mental health or medical services
for rehabilitation of sex offenders.
ARTICLE 4. TRANSITIONS AND EFFECTIVE DATE
SECTION 4.001. In this article:
(1) "Executive council" means the Texas Behavioral
Health Executive Council.
(2) "Transferring entity" means:
(A) the Texas State Board of Examiners of
Psychologists;
(B) the Texas State Board of Examiners of
Marriage and Family Therapists;
(C) the Texas State Board of Examiners of
Professional Counselors; and
(D) the Texas State Board of Social Worker
Examiners.
SECTION 4.002. (a) Except as provided by Subsection (b) of
this section, Sections 501.059, 502.059, 503.110, and 505.109,
Occupations Code, as amended by this Act, apply to a member of the
applicable board appointed before, on, or after the effective date
of this Act.
(b) A member of a board who, before the effective date of
this Act, completed the training program required by Section
501.059, 502.059, 503.110, or 505.109, Occupations Code, as the
applicable law existed before the effective date of this Act, is
required to complete additional training only on the subjects added
by this Act to the training program required by Section 501.059,
502.059, 503.110, or 505.109, Occupations Code, as applicable. A
board member described by this subsection may not vote, deliberate,
or be counted as a member in attendance at a meeting of the board
held on or after December 1, 2019, until the member completes the
additional training.
SECTION 4.003. (a) Section 501.2525, Occupations Code, as
redesignated and amended by this Act, applies only to an
application for a license under Chapter 501, Occupations Code, that
is submitted on or after the effective date of this Act. An
application submitted before the effective date of this Act is
governed by the law in effect on the date the application was
submitted, and the former law is continued in effect for that
purpose.
(b) A provisional license issued under Section 501.253,
Occupations Code, that is in effect on the effective date of this
Act continues to be valid until the license expires.
(c) Section 502.252, Occupations Code, as amended by this
Act, applies only to an application for a license under Chapter 502,
Occupations Code, submitted on or after the date on which rules
adopted by the Texas Behavioral Health Executive Council under that
section take effect. An application submitted before that date is
governed by the law in effect immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
SECTION 4.004. Not later than August 31, 2020, an initial
member of the executive council shall complete the training
required by Section 507.059, Occupations Code, as added by this
Act. On or after September 1, 2020, a member of the executive
council may not vote, deliberate, or be counted as a member in
attendance at a meeting of the executive council until the member
has completed the training required by that section.
SECTION 4.005. (a) Not later than December 1, 2019, the
appropriate appointing authorities shall appoint the members of the
executive council as provided by Section 507.051, Occupations Code,
as added by this Act.
(b) Notwithstanding the terms established by Section
507.054, Occupations Code, as added by this Act, in making the
initial appointments to the executive council, the Texas State
Board of Examiners of Psychologists, the Texas State Board of
Examiners of Marriage and Family Therapists, the Texas State Board
of Examiners of Professional Counselors, and the Texas State Board
of Social Worker Examiners shall each appoint one member to a term
expiring February 1, 2021, and one member to a term expiring
February 1, 2022.
SECTION 4.006. (a) The Texas Behavioral Health Incubation
Task Force is established to assist in the establishment of and
transfer of regulatory programs to the executive council under this
Act by providing guidance to:
(1) the executive council regarding:
(A) hiring the executive director of the
executive council;
(B) developing functional alignments within the
organizational structure of the executive council;
(C) establishing any necessary accounts and
reporting requirements; and
(D) seeking input from interested parties
throughout the transfer; and
(2) the transferring entities and the executive
council regarding:
(A) the efficient transfer of necessary data; and
(B) the revision of existing rules to align with
the administrative structure of the executive council.
(b) The task force is composed of:
(1) the executive commissioner of the Health and Human
Services Commission, or the executive commissioner's designee;
(2) the executive director of the Texas Department of
Licensing and Regulation, or the executive director's designee;
(3) the executive director of the Texas State Board of
Examiners of Psychologists;
(4) a representative of the Texas State Board of
Examiners of Marriage and Family Therapists;
(5) a representative of the Texas State Board of
Examiners of Professional Counselors; and
(6) a representative of the Texas State Board of
Social Worker Examiners.
(c) The entities represented on the task force may adopt a
memorandum of understanding to accomplish the responsibilities and
duties of the task force and to ensure access by the entities of any
systems and information necessary to effectively transfer the
regulatory programs to the executive council under this Act.
SECTION 4.007. (a) Not later than April 1, 2020, the
executive council shall hire an executive director for the
executive council.
(b) Not later than July 31, 2020, the executive council
shall adopt procedural rules necessary to implement Chapter 507,
Occupations Code, as added by this Act.
SECTION 4.008. (a) As soon as practicable after the
appointment of the members of the executive council, the executive
council and the transferring entities shall adopt a transition plan
to provide for the orderly transfer of powers, duties, functions,
programs, and activities under this Act. The transition plan must
provide for the transfer of each regulatory program to be
completed on or before August 31, 2020.
(b) The transferring entities shall provide the executive
council with access to any systems or information necessary for the
executive council to accept a program transferred under this Act.
(c) On the date specified in the transition plan required
under Subsection (a) of this section for the transfer of a
particular program to the executive council, all full-time
equivalent employee positions at a transferring entity that
primarily concern the administration or enforcement of the program
being transferred become positions at the executive council. The
executive council shall post the positions for hiring and, when
filling the positions, shall give consideration to, but is not
required to hire, an applicant who, immediately before the date of
the transfer, was an employee at a transferring entity primarily
involved in administering or enforcing the transferred program.
SECTION 4.009. On the date specified in the transition plan
required under Section 4.008(a) of this article for the transfer of
a particular program to the executive council:
(1) a rule or fee relating to a transferred program
that is in effect on that date remains in effect until changed by
the executive council;
(2) a license, registration, certification, or other
authorization relating to a transferred program that is in effect
on that date is continued in effect as a license, registration,
certification, or other authorization of the executive council; and
(3) a complaint, investigation, contested case, or
other proceeding relating to a transferred program that is pending
before a transferring entity on that date is transferred without
change in status to the executive council.
SECTION 4.010. Section 507.154, Occupations Code, as added
by this Act, does not prohibit the appropriation of money to the
Behavioral Health Executive Council, as created by this Act, for
the state fiscal year ending August 31, 2020.
SECTION 4.011. To the extent of any conflict, this Act
prevails over another Act of the 86th Legislature, Regular Session,
2019, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 4.012. To the extent of any conflict, this Act
prevails over another Act of the 86th Legislature, Regular Session,
2019, relating to the online publication of the home address of a
person licensed under Chapter 503 or 505, Occupations Code.
SECTION 4.013. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1501 was passed by the House on April
10, 2019, by the following vote: Yeas 134, Nays 13, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1501 on May 22, 2019, by the following vote: Yeas 129, Nays 14,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1501 was passed by the Senate, with
amendments, on May 14, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor