Texas 2019 - 86th Regular

Texas House Bill HB3408 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R10675 TSR-F
2	2	By: Cortez H.B. No. 3408
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of licensed professional
8	8	counselor associates; requiring an occupational license.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 503.002, Occupations Code, is amended by
11	11	adding Subdivision (5) to read as follows:
12	12	(5) "Licensed professional counselor associate" means
13	13	a person who:
14	14	(A) holds a license under Section 503.309; and
15	15	(B) offers to provide for compensation
16	16	professional counseling services under the supervision of a
17	17	licensed professional counselor.
18	18	SECTION 2. The heading to Section 503.302, Occupations
19	19	Code, is amended to read as follows:
20	20	Sec. 503.302. QUALIFICATIONS FOR LICENSES [LICENSE].
21	21	SECTION 3. Section 503.302, Occupations Code, is amended by
22	22	amending Subsection (a) and adding Subsection (b) to read as
23	23	follows:
24	24	(a) A person qualifies for a license as a licensed
25	25	professional counselor under this chapter if the person:
26	26	(1) is at least 18 years old;
27	27	(2) has a master's or doctoral degree in counseling or
28	28	a related field;
29	29	(3) has successfully completed a graduate degree at a
30	30	regionally accredited institution of higher education and the
31	31	number of graduate semester hours required by board rule, which may
32	32	not be less than 48 hours and must include 300 clock hours of
33	33	supervised practicum that:
34	34	(A) is primarily counseling in nature; and
35	35	(B) meets the specific academic course content
36	36	and training standards established by the board;
37	37	(4) has completed the number of supervised experience
38	38	hours required by board rule, which may not be less than 3,000 hours
39	39	working in a counseling setting that meets the requirements
40	40	established by the board after the completion of the graduate
41	41	program described by Subdivision (3);
42	42	(5) [except as provided by Subsection (b),] passes the
43	43	license examination and jurisprudence examination required by this
44	44	chapter;
45	45	(6) submits an application as required by the board,
46	46	accompanied by the required application fee; and
47	47	(7) meets any other requirement prescribed by the
48	48	board.
49	49	(b) A person qualifies for a license as a licensed
50	50	professional counselor associate under this chapter if the person
51	51	meets the requirements of Subsection (a) except for the required
52	52	number of supervised experience hours.
53	53	SECTION 4. Subchapter G, Chapter 503, Occupations Code, is
54	54	amended by adding Section 503.309 to read as follows:
55	55	Sec. 503.309. PRACTICE BY LICENSED PROFESSIONAL COUNSELOR
56	56	ASSOCIATE. (a) A licensed professional counselor associate must
57	57	practice under the supervision of a licensed professional counselor
58	58	approved by the board as provided by a supervision agreement.
59	59	(b) A licensed professional counselor approved by the board
60	60	may delegate to a licensed professional counselor associate any
61	61	service that a reasonable and prudent licensed professional
62	62	counselor would delegate within the scope of sound judgment if the
63	63	licensed professional counselor determines that the service:
64	64	(1) can be properly and safely performed by the
65	65	licensed professional counselor associate; and
66	66	(2) will be performed in the customary manner and in
67	67	compliance with the law.
68	68	(c) A licensed professional counselor who supervises a
69	69	service performed by a licensed professional counselor associate
70	70	remains responsible for the service, and the service is considered
71	71	to be delivered by the licensed professional counselor for billing
72	72	purposes, including a bill submitted to a third-party payor. A
73	73	licensed professional counselor associate must inform each patient
74	74	for whom a service is performed under this section that the licensed
75	75	professional counselor associate is being supervised by a licensed
76	76	professional counselor. A licensed professional counselor
77	77	associate to whom a service is delegated under this section may
78	78	represent that the licensed professional counselor associate is
79	79	engaged in the practice of professional counseling.
80	80	SECTION 5. Section 503.308, Occupations Code, is repealed.
81	81	SECTION 6. Not later than January 1, 2020, the Texas State
82	82	Board of Examiners of Professional Counselors shall adopt rules to
83	83	implement the changes in law made by this Act.
84	84	SECTION 7. This Act takes effect September 1, 2019.