86R10675 TSR-F
By: Cortez H.B. No. 3408
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of licensed professional
counselor associates; requiring an occupational license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 503.002, Occupations Code, is amended by
adding Subdivision (5) to read as follows:
(5) "Licensed professional counselor associate" means
a person who:
(A) holds a license under Section 503.309; and
(B) offers to provide for compensation
professional counseling services under the supervision of a
licensed professional counselor.
SECTION 2. The heading to Section 503.302, Occupations
Code, is amended to read as follows:
Sec. 503.302. QUALIFICATIONS FOR LICENSES [LICENSE].
SECTION 3. Section 503.302, Occupations Code, is amended by
amending Subsection (a) and adding Subsection (b) to read as
follows:
(a) A person qualifies for a license as a licensed
professional counselor 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 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 board;
(4) has completed the number of supervised experience
hours required by board rule, which may not be less than 3,000 hours
working in a counseling setting that meets the requirements
established by the 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 board,
accompanied by the required application fee; and
(7) meets any other requirement prescribed by the
board.
(b) A person qualifies for a license as a licensed
professional counselor associate under this chapter if the person
meets the requirements of Subsection (a) except for the required
number of supervised experience hours.
SECTION 4. Subchapter G, Chapter 503, Occupations Code, is
amended by adding Section 503.309 to read as follows:
Sec. 503.309. PRACTICE BY LICENSED PROFESSIONAL COUNSELOR
ASSOCIATE. (a) A licensed professional counselor associate must
practice under the supervision of a licensed professional counselor
approved by the board as provided by a supervision agreement.
(b) A licensed professional counselor approved by the board
may delegate to a licensed professional counselor associate any
service that a reasonable and prudent licensed professional
counselor would delegate within the scope of sound judgment if the
licensed professional counselor determines that the service:
(1) can be properly and safely performed by the
licensed professional counselor associate; and
(2) will be performed in the customary manner and in
compliance with the law.
(c) A licensed professional counselor who supervises a
service performed by a licensed professional counselor associate
remains responsible for the service, and the service is considered
to be delivered by the licensed professional counselor for billing
purposes, including a bill submitted to a third-party payor. A
licensed professional counselor associate must inform each patient
for whom a service is performed under this section that the licensed
professional counselor associate is being supervised by a licensed
professional counselor. A licensed professional counselor
associate to whom a service is delegated under this section may
represent that the licensed professional counselor associate is
engaged in the practice of professional counseling.
SECTION 5. Section 503.308, Occupations Code, is repealed.
SECTION 6. Not later than January 1, 2020, the Texas State
Board of Examiners of Professional Counselors shall adopt rules to
implement the changes in law made by this Act.
SECTION 7. This Act takes effect September 1, 2019.