Texas 2019 - 86th Regular

Texas Senate Bill SB611 Compare Versions

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1	1	86R5512 MAW-D
2	2	By: Nichols, et al. S.B. No. 611
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Texas Behavioral Health Executive
8	8	Council and to the continuation and transfer of the regulation of
9	9	psychologists, marriage and family therapists, professional
10	10	counselors, and social workers to the Texas Behavioral Health
11	11	Executive Council; providing civil and administrative penalties;
12	12	authorizing a fee.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	ARTICLE 1. CREATION OF THE TEXAS BEHAVIORAL HEALTH EXECUTIVE
15	15	COUNCIL
16	16	SECTION 1.001. Subtitle I, Title 3, Occupations Code, is
17	17	amended by adding Chapter 507 to read as follows:
18	18	CHAPTER 507. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
19	19	SUBCHAPTER A. GENERAL PROVISIONS
20	20	Sec. 507.001. DEFINITIONS. In this chapter:
21	21	(1) "Executive council" means the Texas Behavioral
22	22	Health Executive Council.
23	23	(2) "License" means a license, certification,
24	24	registration, or other authorization that is issued by the
25	25	executive council.
26	26	(3) "Marriage and family therapy board" means the
27	27	Texas State Board of Examiners of Marriage and Family Therapists.
28	28	(4) "Professional counseling board" means the Texas
29	29	State Board of Examiners of Professional Counselors.
30	30	(5) "Psychology board" means the Texas State Board of
31	31	Examiners of Psychologists.
32	32	(6) "Social work board" means the Texas State Board of
33	33	Social Worker Examiners.
34	34	Sec. 507.002. APPLICATION OF SUNSET ACT. The Texas
35	35	Behavioral Health Executive Council is subject to Chapter 325,
36	36	Government Code (Texas Sunset Act). Unless continued in existence
37	37	as provided by that chapter, the executive council is abolished and
38	38	this chapter and Chapters 501, 502, 503, and 505 expire September 1,
39	39	2031.
40	40	SUBCHAPTER B. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
41	41	Sec. 507.051. EXECUTIVE COUNCIL MEMBERSHIP. (a) The Texas
42	42	Behavioral Health Executive Council consists of nine members as
43	43	follows:
44	44	(1) one marriage and family therapist member and one
45	45	public member of the marriage and family therapy board, each
46	46	appointed by that board;
47	47	(2) one licensed professional counselor member and one
48	48	public member of the professional counseling board, each appointed
49	49	by that board;
50	50	(3) one psychologist or psychological associate
51	51	member and one public member of the psychology board, each
52	52	appointed by that board;
53	53	(4) one social worker member and one public member of
54	54	the social work board, each appointed by that board; and
55	55	(5) one public member appointed by the governor.
56	56	(b) Appointments to the executive council shall be made
57	57	without regard to the race, color, disability, sex, age, religion,
58	58	or national origin of the appointee.
59	59	Sec. 507.052. ELIGIBILITY OF PUBLIC MEMBER APPOINTED BY
60	60	GOVERNOR. A person is not eligible for appointment by the governor
61	61	as a public member of the executive council if the person or the
62	62	person's spouse:
63	63	(1) is registered, certified, or licensed by an
64	64	occupational regulatory agency in the field of health care;
65	65	(2) is employed by or participates in the management
66	66	of a business entity or other organization regulated by or
67	67	receiving money from the executive council, the marriage and family
68	68	therapy board, the professional counseling board, the psychology
69	69	board, or the social work board;
70	70	(3) owns or controls, directly or indirectly, more
71	71	than a 10 percent interest in a business entity or other
72	72	organization regulated by or receiving money from the executive
73	73	council, the marriage and family therapy board, the professional
74	74	counseling board, the psychology board, or the social work board;
75	75	or
76	76	(4) uses or receives a substantial amount of tangible
77	77	goods, services, or money from the executive council, the marriage
78	78	and family therapy board, the professional counseling board, the
79	79	psychology board, or the social work board, other than compensation
80	80	or reimbursement authorized by law for executive council, marriage
81	81	and family therapy board, professional counseling board,
82	82	psychology board, or social work board membership, attendance, or
83	83	expenses.
84	84	Sec. 507.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
85	85	In this section, "Texas trade association" means a cooperative and
86	86	voluntarily joined statewide association of business or
87	87	professional competitors in this state designed to assist its
88	88	members and its industry or profession in dealing with mutual
89	89	business or professional problems and in promoting their common
90	90	interest.
91	91	(b) A person may not be a member of the executive council and
92	92	may not be an executive council employee employed in a "bona fide
93	93	executive, administrative, or professional capacity," as that
94	94	phrase is used for purposes of establishing an exemption to the
95	95	overtime provisions of the federal Fair Labor Standards Act of 1938
96	96	(29 U.S.C. Section 201 et seq.) if:
97	97	(1) the person is an officer, employee, or paid
98	98	consultant of a Texas trade association in the field of health care;
99	99	or
100	100	(2) the person's spouse is an officer, manager, or paid
101	101	consultant of a Texas trade association in the field of health care.
102	102	(c) A person may not be a member of the executive council or
103	103	act as the general counsel to the executive council if the person is
104	104	required to register as a lobbyist under Chapter 305, Government
105	105	Code, because of the person's activities for compensation on behalf
106	106	of a profession related to the operation of the executive council,
107	107	the marriage and family therapy board, the professional counseling
108	108	board, the psychology board, or the social work board.
109	109	Sec. 507.054. TERMS; VACANCY. (a) The member appointed by
110	110	the governor serves a six-year term. The remaining members serve
111	111	two-year terms with the terms of four of those members expiring
112	112	February 1 of each year.
113	113	(b) A member appointed to fill a vacancy holds office for
114	114	the unexpired portion of the term.
115	115	Sec. 507.055. PRESIDING OFFICER. The member appointed by
116	116	the governor is the presiding officer of the executive council.
117	117	Sec. 507.056. GROUNDS FOR REMOVAL. (a) It is a ground for
118	118	removal from the executive council that a member:
119	119	(1) does not have at the time of taking office the
120	120	qualifications required by Section 507.051;
121	121	(2) does not maintain during service on the executive
122	122	council the qualifications required by Section 507.051;
123	123	(3) is ineligible for membership under Section 507.052
124	124	or 507.053;
125	125	(4) cannot, because of illness or disability,
126	126	discharge the member's duties for a substantial part of the member's
127	127	term; or
128	128	(5) is absent from more than half of the regularly
129	129	scheduled executive council meetings that the member is eligible to
130	130	attend during a calendar year without an excuse approved by a
131	131	majority vote of the executive council.
132	132	(b) The validity of an action of the executive council is
133	133	not affected by the fact that it is taken when a ground for removal
134	134	of an executive council member exists.
135	135	(c) If the executive director has knowledge that a potential
136	136	ground for removal exists, the executive director shall notify the
137	137	presiding officer of the executive council of the potential ground.
138	138	The presiding officer shall then notify the appointing authority
139	139	and the attorney general that a potential ground for removal
140	140	exists. If the potential ground for removal involves the presiding
141	141	officer, the executive director shall notify the next highest
142	142	ranking officer of the executive council, who shall then notify the
143	143	appointing authority and the attorney general that a potential
144	144	ground for removal exists.
145	145	Sec. 507.057. REIMBURSEMENT. A member of the executive
146	146	council may receive reimbursement for travel expenses as provided
147	147	by the General Appropriations Act.
148	148	Sec. 507.058. MEETINGS. (a) The executive council shall
149	149	hold at least two regular meetings each year.
150	150	(b) The executive council may hold additional meetings on
151	151	the request of the presiding officer or on the written request of
152	152	three members of the executive council.
153	153	Sec. 507.059. TRAINING. (a) A person who is appointed to
154	154	and qualifies for office as a member of the executive council may
155	155	not vote, deliberate, or be counted as a member in attendance at a
156	156	meeting of the executive council until the person completes a
157	157	training program that complies with this section.
158	158	(b) The training program must provide the person with
159	159	information regarding:
160	160	(1) the law governing executive council operations;
161	161	(2) the programs, functions, rules, and budget of the
162	162	executive council;
163	163	(3) the scope of and limitations on the rulemaking
164	164	authority of the executive council;
165	165	(4) the results of the most recent formal audit of the
166	166	executive council;
167	167	(5) the requirements of:
168	168	(A) laws relating to open meetings, public
169	169	information, administrative procedure, and disclosing conflicts of
170	170	interest; and
171	171	(B) other laws applicable to members of the
172	172	executive council in performing their duties; and
173	173	(6) any applicable ethics policies adopted by the
174	174	executive council or the Texas Ethics Commission.
175	175	(c) A person appointed to the executive council is entitled
176	176	to reimbursement, as provided by the General Appropriations Act,
177	177	for the travel expenses incurred in attending the training program
178	178	regardless of whether the attendance at the program occurs before
179	179	or after the person qualifies for office.
180	180	(d) The executive director of the executive council shall
181	181	create a training manual that includes the information required by
182	182	Subsection (b). The executive director shall distribute a copy of
183	183	the training manual annually to each executive council member. On
184	184	receipt of the training manual, each executive council member shall
185	185	sign and submit to the executive director a statement acknowledging
186	186	receipt of the training manual.
187	187	SUBCHAPTER C. EXECUTIVE DIRECTOR AND OTHER PERSONNEL
188	188	Sec. 507.101. EXECUTIVE DIRECTOR; PERSONNEL. The executive
189	189	council shall employ an executive director and other personnel as
190	190	necessary to administer this chapter and carry out the functions of
191	191	the executive council.
192	192	Sec. 507.102. DIVISION OF RESPONSIBILITIES. The executive
193	193	council shall develop and implement policies that clearly separate
194	194	the policymaking responsibilities of the executive council and the
195	195	management responsibilities of the executive director and the staff
196	196	of the executive council.
197	197	Sec. 507.103. CAREER LADDER PROGRAM; PERFORMANCE
198	198	EVALUATIONS. (a) The executive director or the executive
199	199	director's designee shall develop an intra-agency career ladder
200	200	program. The program must require intra-agency posting of all
201	201	nonentry level positions concurrently with any public posting.
202	202	(b) The executive director or the executive director's
203	203	designee shall develop a system of annual performance evaluations
204	204	based on measurable job tasks. All merit pay for executive council
205	205	employees must be based on the system established under this
206	206	subsection.
207	207	Sec. 507.104. EQUAL OPPORTUNITY POLICY; REPORT. (a) The
208	208	executive director or the executive director's designee shall
209	209	prepare and maintain a written policy statement to ensure
210	210	implementation of an equal opportunity program under which all
211	211	personnel transactions are made without regard to race, color,
212	212	disability, sex, age, religion, or national origin. The policy
213	213	statement must include:
214	214	(1) personnel policies, including policies relating
215	215	to recruitment, evaluation, selection, appointment, training, and
216	216	promotion of personnel, that are in compliance with the
217	217	requirements of Chapter 21, Labor Code;
218	218	(2) a comprehensive analysis of the executive council
219	219	workforce that meets federal and state guidelines;
220	220	(3) procedures by which a determination can be made of
221	221	significant underuse in the executive council workforce of all
222	222	persons for whom federal or state guidelines encourage a more
223	223	equitable balance; and
224	224	(4) reasonable methods to appropriately address those
225	225	areas of significant underuse.
226	226	(b) A policy statement prepared under Subsection (a) must:
227	227	(1) cover an annual period;
228	228	(2) be updated annually;
229	229	(3) be reviewed by the Texas Workforce Commission for
230	230	compliance with Subsection (a)(1); and
231	231	(4) be filed with the governor.
232	232	(c) The governor shall deliver a biennial report to the
233	233	legislature based on information received under Subsection (b).
234	234	The report may be made separately or as part of other biennial
235	235	reports made to the legislature.
236	236	SUBCHAPTER D. POWERS AND DUTIES
237	237	Sec. 507.151. GENERAL POWERS AND DUTIES. The executive
238	238	council shall administer and enforce this chapter and Chapters 501,
239	239	502, 503, and 505.
240	240	Sec. 507.152. GENERAL RULEMAKING AUTHORITY. The executive
241	241	council shall adopt rules as necessary to perform its duties and
242	242	implement this chapter.
243	243	Sec. 507.153. LIMITATION REGARDING CERTAIN RULES. (a)
244	244	Unless the rule has been proposed by the applicable board for the
245	245	profession, the executive council may not adopt:
246	246	(1) a rule regarding:
247	247	(A) the qualifications necessary to obtain a
248	248	license, including limiting an applicant's eligibility for a
249	249	license based on the applicant's criminal history;
250	250	(B) the scope of practice of and standards of
251	251	care and ethical practice for the profession; or
252	252	(C) continuing education requirements for
253	253	license holders; or
254	254	(2) a schedule of sanctions for violations of the laws
255	255	and rules applicable to the profession.
256	256	(b) For each rule proposed under Subsection (a), the
257	257	executive council shall either adopt the rule as proposed or return
258	258	the rule to the applicable board for revision. On the return of a
259	259	rule under this subsection, the executive council shall include an
260	260	explanation of the executive council's reasons for not adopting the
261	261	rule as proposed.
262	262	(c) The executive council retains authority for final
263	263	adoption of all rules and is responsible for ensuring compliance
264	264	with all laws regarding the rulemaking process.
265	265	(d) The executive council shall adopt rules prescribing the
266	266	procedure by which rules described by Subsection (a) may be
267	267	proposed to the executive council.
268	268	Sec. 507.154. FEES. The executive council shall set fees in
269	269	amounts reasonable and necessary to cover the costs of
270	270	administering this chapter and Chapters 501, 502, 503, and 505,
271	271	including fees for:
272	272	(1) licenses issued by the executive council;
273	273	(2) license renewals and late renewals;
274	274	(3) examinations; and
275	275	(4) any other program or activity administered by the
276	276	executive council for which a fee is authorized.
277	277	Sec. 507.155. RULES RESTRICTING ADVERTISING OR COMPETITIVE
278	278	BIDDING. (a) The executive council may not adopt rules restricting
279	279	advertising or competitive bidding by a person regulated by the
280	280	executive council except to prohibit false, misleading, or
281	281	deceptive practices.
282	282	(b) The executive council may not include in rules to
283	283	prohibit false, misleading, or deceptive practices by a person
284	284	regulated by the executive council a rule that:
285	285	(1) restricts the person's use of any advertising
286	286	medium;
287	287	(2) restricts the person's personal appearance or use
288	288	of the person's voice in an advertisement;
289	289	(3) relates to the size or duration of an
290	290	advertisement by the person; or
291	291	(4) restricts the use of a trade name in advertising by
292	292	the person.
293	293	Sec. 507.156. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.
294	294	The executive council shall adopt rules and guidelines as necessary
295	295	to comply with Chapter 53.
296	296	Sec. 507.157. CONTINUING EDUCATION. The executive council
297	297	shall recognize, prepare, or administer continuing education
298	298	programs for license holders. A license holder must participate in
299	299	the programs to the extent required by the executive council to keep
300	300	the person's license.
301	301	Sec. 507.158. USE OF TECHNOLOGY. The executive council
302	302	shall implement a policy requiring the executive council to use
303	303	appropriate technological solutions to improve the executive
304	304	council's ability to perform its functions. The policy must ensure
305	305	that the public is able to interact with the executive council on
306	306	the Internet.
307	307	Sec. 507.159. NEGOTIATED RULEMAKING AND ALTERNATIVE
308	308	DISPUTE RESOLUTION POLICY. (a) The executive council shall
309	309	develop a policy to encourage the use of:
310	310	(1) negotiated rulemaking procedures under Chapter
311	311	2008, Government Code, for the adoption of executive council rules;
312	312	and
313	313	(2) appropriate alternative dispute resolution
314	314	procedures under Chapter 2009, Government Code, to assist in the
315	315	resolution of internal and external disputes under the executive
316	316	council's jurisdiction.
317	317	(b) The executive council's procedures relating to
318	318	alternative dispute resolution must conform, to the extent
319	319	possible, to any model guidelines issued by the State Office of
320	320	Administrative Hearings for the use of alternative dispute
321	321	resolution by state agencies.
322	322	(c) The executive council shall:
323	323	(1) coordinate the implementation of the policy
324	324	adopted under Subsection (a);
325	325	(2) provide training as needed to implement the
326	326	procedures for negotiated rulemaking and alternative dispute
327	327	resolution; and
328	328	(3) collect data concerning the effectiveness of those
329	329	procedures.
330	330	Sec. 507.160. ANNUAL REGISTRY. (a) The executive council
331	331	shall annually prepare a registry of all license holders.
332	332	(b) The executive council shall make the registry available
333	333	to the public, license holders, and other state agencies.
334	334	SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
335	335	Sec. 507.201. PUBLIC INTEREST INFORMATION. (a) The
336	336	executive council shall prepare information of public interest
337	337	describing the functions of the executive council and the
338	338	procedures by which complaints are filed with and resolved by the
339	339	executive council.
340	340	(b) The executive council shall make the information
341	341	available to the public and appropriate state agencies.
342	342	Sec. 507.202. COMPLAINTS. (a) The executive council by
343	343	rule shall establish methods by which consumers and service
344	344	recipients are notified of the name, mailing address, and telephone
345	345	number of the executive council for the purpose of directing
346	346	complaints to the executive council. The executive council may
347	347	provide for that notice:
348	348	(1) on each registration form, application, or written
349	349	contract for services of a person regulated by the executive
350	350	council;
351	351	(2) on a sign prominently displayed in the place of
352	352	business of a person regulated by the executive council; or
353	353	(3) in a bill for services provided by a person
354	354	regulated by the executive council.
355	355	(b) The executive council shall list with its regular
356	356	telephone number any toll-free telephone number established under
357	357	other state law that may be called to present a complaint about a
358	358	person regulated by the executive council.
359	359	Sec. 507.203. INFORMATION ABOUT COMPLAINT ACTIONS. (a)
360	360	The executive council shall maintain a system to promptly and
361	361	efficiently act on complaints filed with the executive council.
362	362	The executive council shall maintain information about parties to
363	363	the complaint, the subject matter of the complaint, a summary of the
364	364	results of the review or investigation of the complaint, and its
365	365	disposition.
366	366	(b) The executive council shall make information available
367	367	describing its procedures for complaint investigation and
368	368	resolution.
369	369	(c) The executive council shall periodically notify the
370	370	parties to a complaint of the status of the complaint until final
371	371	disposition of the complaint.
372	372	Sec. 507.204. GENERAL RULES REGARDING COMPLAINT
373	373	INVESTIGATION. (a) The executive council shall adopt rules
374	374	concerning the investigation of a complaint filed with the
375	375	executive council. The rules adopted under this section must:
376	376	(1) distinguish between categories of complaints;
377	377	(2) ensure that a complaint is not dismissed without
378	378	appropriate consideration;
379	379	(3) require that the executive council be advised of a
380	380	complaint that is dismissed and that a letter be sent to the person
381	381	who filed the complaint explaining the action taken on the
382	382	complaint;
383	383	(4) ensure that the person who files a complaint has an
384	384	opportunity to explain the allegations made in the complaint; and
385	385	(5) prescribe guidelines concerning the categories of
386	386	complaints that require the use of a private investigator and
387	387	prescribe the procedures for the executive council to obtain the
388	388	services of a private investigator.
389	389	(b) The executive council shall:
390	390	(1) dispose of a complaint in a timely manner; and
391	391	(2) establish a schedule for conducting each phase of
392	392	the disposition of a complaint that is under the control of the
393	393	executive council not later than the 30th day after the date the
394	394	executive council receives the complaint.
395	395	(c) The executive council shall notify the parties to a
396	396	complaint of the projected time requirements for pursuing the
397	397	complaint.
398	398	(d) The executive council shall notify the parties to a
399	399	complaint of any change in the schedule not later than the seventh
400	400	day after the date the change is made.
401	401	(e) The executive director shall notify the executive
402	402	council of a complaint that is unresolved after the time prescribed
403	403	by the executive council for resolving the complaint so that the
404	404	executive council may take necessary action on the complaint.
405	405	(f) The executive council shall assign priorities and
406	406	investigate complaints based on:
407	407	(1) the severity of the conduct alleged in the
408	408	complaint; and
409	409	(2) the degree of harm to public health and safety.
410	410	Sec. 507.205. CONFIDENTIALITY OF COMPLAINT INFORMATION.
411	411	(a) Except as provided by Subsection (b), a complaint and
412	412	investigation and all information and materials compiled by the
413	413	executive council in connection with the complaint and
414	414	investigation are not subject to:
415	415	(1) disclosure under Chapter 552, Government Code; or
416	416	(2) disclosure, discovery, subpoena, or other means of
417	417	legal compulsion for release of information to any person.
418	418	(b) A complaint or investigation subject to Subsection (a)
419	419	and all information and materials compiled by the executive council
420	420	in connection with the complaint may be disclosed to:
421	421	(1) the executive council and executive council
422	422	employees or agents involved in license holder discipline;
423	423	(2) a party to a disciplinary action against the
424	424	license holder or that party's designated representative;
425	425	(3) a law enforcement agency;
426	426	(4) a governmental agency, if:
427	427	(A) the disclosure is required or permitted by
428	428	law; and
429	429	(B) the agency obtaining the disclosure protects
430	430	the identity of any patient whose records are examined; or
431	431	(5) a person engaged in bona fide research, if all
432	432	information identifying a specific individual has been deleted.
433	433	(c) Unless good cause for delay is shown to the presiding
434	434	officer at the hearing, the executive council shall provide the
435	435	license holder with access to all information that the executive
436	436	council intends to offer into evidence at the hearing not later than
437	437	the 30th day after the date the executive council receives a written
438	438	request from a license holder who is entitled to a hearing under
439	439	this chapter or from the license holder's attorney of record.
440	440	(d) The executive council shall protect the identity of any
441	441	patient whose records are examined in connection with a
442	442	disciplinary investigation or proceeding against a license holder,
443	443	except a patient who:
444	444	(1) initiates the disciplinary action; or
445	445	(2) has submitted a written consent to release the
446	446	records.
447	447	Sec. 507.206. SUBPOENAS. (a) In the investigation of a
448	448	complaint filed with the executive council, the executive director
449	449	or presiding officer of the executive council may issue a subpoena
450	450	to compel the attendance of a relevant witness or the production,
451	451	for inspection or copying, of relevant evidence that is in this
452	452	state.
453	453	(b) A subpoena may be served personally or by certified
454	454	mail.
455	455	(c) If a person fails to comply with a subpoena, the
456	456	executive council, acting through the attorney general, may file
457	457	suit to enforce the subpoena in a district court in Travis County or
458	458	in the county in which a hearing conducted by the executive council
459	459	may be held.
460	460	(d) On finding that good cause exists for issuing the
461	461	subpoena, the court shall order the person to comply with the
462	462	subpoena. The court may punish a person who fails to obey the court
463	463	order.
464	464	(e) The executive council shall pay a reasonable fee for
465	465	photocopies subpoenaed under this section in an amount not to
466	466	exceed the amount the executive council may charge for copies of its
467	467	records.
468	468	(f) The reimbursement of the expenses of a witness whose
469	469	attendance is compelled under this section is governed by Section
470	470	2001.103, Government Code.
471	471	(g) Information and materials subpoenaed or compiled by the
472	472	executive council in connection with the investigation of a
473	473	complaint may be disclosed only as provided by Section 507.205.
474	474	Sec. 507.207. PUBLIC PARTICIPATION. The executive council
475	475	shall develop and implement policies that provide the public with a
476	476	reasonable opportunity to appear before the executive council and
477	477	to speak on any issue under the jurisdiction of the executive
478	478	council.
479	479	SUBCHAPTER F. GENERAL LICENSING PROVISIONS
480	480	Sec. 507.251. CRIMINAL HISTORY RECORD INFORMATION FOR
481	481	LICENSE ISSUANCE. (a) The executive council shall require that an
482	482	applicant for a license submit a complete and legible set of
483	483	fingerprints, on a form prescribed by the executive council, to the
484	484	executive council or to the Department of Public Safety for the
485	485	purpose of obtaining criminal history record information from the
486	486	Department of Public Safety and the Federal Bureau of
487	487	Investigation.
488	488	(b) The executive council may not issue a license to a
489	489	person who does not comply with the requirement of Subsection (a).
490	490	(c) The executive council shall conduct a criminal history
491	491	record information check of each applicant for a license using
492	492	information:
493	493	(1) provided by the individual under this section; and
494	494	(2) made available to the executive council by the
495	495	Department of Public Safety, the Federal Bureau of Investigation,
496	496	and any other criminal justice agency under Chapter 411, Government
497	497	Code.
498	498	(d) The executive council may:
499	499	(1) enter into an agreement with the Department of
500	500	Public Safety to administer a criminal history record information
501	501	check required under this section; and
502	502	(2) authorize the Department of Public Safety to
503	503	collect from each applicant the costs incurred by the Department of
504	504	Public Safety in conducting the criminal history record information
505	505	check.
506	506	Sec. 507.252. EXAMINATION RESULTS. (a) The executive
507	507	council shall notify each examinee of the results of an examination
508	508	not later than the 30th day after the date the examination is
509	509	administered. If an examination is graded or reviewed by a national
510	510	testing service, the executive council shall notify each examinee
511	511	of the results of the examination not later than the 14th day after
512	512	the date the executive council receives the results from the
513	513	testing service.
514	514	(b) If the notice of examination results graded or reviewed
515	515	by a national testing service will be delayed for longer than 90
516	516	days after the examination date, the executive council shall notify
517	517	each examinee of the reason for the delay before the 90th day.
518	518	(c) If requested in writing by a person who fails an
519	519	examination, the executive council shall provide to the person an
520	520	analysis of the person's performance on the examination.
521	521	Sec. 507.253. REEXAMINATION. The executive council by rule
522	522	shall establish:
523	523	(1) a limit on the number of times an applicant for a
524	524	license who fails an examination may retake the examination; and
525	525	(2) the requirements for retaking an examination.
526	526	Sec. 507.254. LICENSE RENEWAL. (a) A person who is
527	527	otherwise eligible to renew a license may renew an unexpired
528	528	license by paying the required renewal fee to the executive council
529	529	before the expiration date of the license.
530	530	(b) If the person's license has been expired for 90 days or
531	531	less, the person may renew the license by paying to the executive
532	532	council a fee in an amount equal to one and one-half times the
533	533	required renewal fee.
534	534	(c) If the person's license has been expired for more than
535	535	90 days but less than one year, the person may renew the license by
536	536	paying to the executive council a fee in an amount equal to two
537	537	times the required renewal fee.
538	538	(d) If the person's license has been expired for one year or
539	539	more, the person may not renew the license. The person may obtain a
540	540	new license by submitting to reexamination and complying with the
541	541	requirements and procedures for obtaining an original license.
542	542	Sec. 507.255. RENEWAL OF EXPIRED LICENSE OF OUT-OF-STATE
543	543	PRACTITIONER. (a) The executive council may renew without
544	544	reexamination an expired license of a person who was licensed in
545	545	this state, moved to another state, and is currently licensed and
546	546	has been in practice in the other state for the two years preceding
547	547	the date the person applies for renewal.
548	548	(b) The person must pay to the executive council a fee in an
549	549	amount equal to two times the required renewal fee for the license.
550	550	Sec. 507.256. CRIMINAL HISTORY RECORD INFORMATION
551	551	REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a
552	552	license issued under this chapter shall submit a complete and
553	553	legible set of fingerprints for purposes of performing a criminal
554	554	history record information check of the applicant as provided by
555	555	Section 507.251.
556	556	(b) The executive council may administratively suspend or
557	557	refuse to renew the license of a person who does not comply with the
558	558	requirement of Subsection (a).
559	559	(c) A license holder is not required to submit fingerprints
560	560	under this section for the renewal of a license if the license
561	561	holder has previously submitted fingerprints under:
562	562	(1) Section 507.251 for the initial issuance of the
563	563	license; or
564	564	(2) this section as part of a prior license renewal.
565	565	Sec. 507.257. SEARCH OF NATIONAL PRACTITIONER DATABASE.
566	566	The executive council shall establish a process to search at least
567	567	one national practitioner database to determine whether another
568	568	state has taken any disciplinary or other legal action against an
569	569	applicant or license holder before issuing an initial or renewal
570	570	license.
571	571	SUBCHAPTER G. DISCIPLINARY ACTIONS AND PROCEDURES
572	572	Sec. 507.301. DISCIPLINARY ACTIONS. (a) The executive
573	573	council may deny, revoke, suspend, or refuse to renew a license or
574	574	may reprimand a license holder if the applicant or license holder
575	575	violates:
576	576	(1) this chapter;
577	577	(2) a law of this state regulating the license holder's
578	578	profession;
579	579	(3) an executive council rule; or
580	580	(4) a statute or rule of another state as determined
581	581	through a search conducted as provided by Section 507.257 if the
582	582	violation would constitute a violation described by Subdivision
583	583	(1), (2), or (3) had it occurred in this state.
584	584	(b) The executive council may place on probation a person
585	585	whose license is suspended. If a license suspension is probated,
586	586	the executive council may require the person to:
587	587	(1) report regularly to the executive council on
588	588	matters that are the basis of the probation;
589	589	(2) limit the person's practice to the areas
590	590	prescribed by the executive council; or
591	591	(3) continue or review continuing professional
592	592	education until the person attains a degree of skill satisfactory
593	593	to the executive council in those areas that are the basis for the
594	594	probation.
595	595	Sec. 507.302. TEMPORARY SUSPENSION. (a) The executive
596	596	council or a three-member committee of executive council members
597	597	designated by the executive council shall temporarily suspend the
598	598	license of a license holder if the executive council or committee
599	599	determines from the evidence or information presented to it that
600	600	continued practice by the license holder would constitute a
601	601	continuing and imminent threat to the public welfare.
602	602	(b) A license may be suspended under this section without
603	603	notice or hearing on the complaint if:
604	604	(1) action is taken to initiate proceedings for a
605	605	hearing before the State Office of Administrative Hearings
606	606	simultaneously with the temporary suspension; and
607	607	(2) a hearing is held as soon as practicable under this
608	608	chapter and Chapter 2001, Government Code.
609	609	(c) The State Office of Administrative Hearings shall hold a
610	610	preliminary hearing not later than the 14th day after the date of
611	611	the temporary suspension to determine if there is probable cause to
612	612	believe that a continuing and imminent threat to the public welfare
613	613	still exists. A final hearing on the matter shall be held not later
614	614	than the 61st day after the date of the temporary suspension.
615	615	Sec. 507.303. HEARING; ADMINISTRATIVE PROCEDURE. (a) A
616	616	license holder is entitled to a hearing before the State Office of
617	617	Administrative Hearings before a sanction is imposed under this
618	618	subchapter.
619	619	(b) A proceeding under this subchapter is governed by
620	620	Chapter 2001, Government Code.
621	621	Sec. 507.304. SCHEDULE OF SANCTIONS. (a) The executive
622	622	council by rule shall adopt a broad schedule of sanctions.
623	623	(b) The State Office of Administrative Hearings shall use
624	624	the schedule for any sanction imposed under this subchapter as the
625	625	result of a hearing conducted by that office.
626	626	Sec. 507.305. INFORMAL PROCEEDINGS. (a) The executive
627	627	council by rule shall adopt procedures governing:
628	628	(1) informal disposition of a contested case under
629	629	Section 2001.056, Government Code; and
630	630	(2) an informal proceeding held in compliance with
631	631	Section 2001.054, Government Code.
632	632	(b) Rules adopted under this section must:
633	633	(1) provide the complainant and the license holder
634	634	with an opportunity to be heard; and
635	635	(2) require the presence of a member of the executive
636	636	council's legal staff or an attorney employed by the attorney
637	637	general to advise the executive council or the executive council's
638	638	employees.
639	639	Sec. 507.306. ASSISTANCE IN DISCIPLINARY PROCEEDINGS. The
640	640	executive council shall adopt rules establishing the manner in
641	641	which the executive council will solicit input from and request the
642	642	assistance of the applicable board for a profession regulated by
643	643	the executive council, regarding a disciplinary proceeding before
644	644	the executive council involving an issue or complaint related to
645	645	standards of care or ethical practice.
646	646	SUBCHAPTER H. ADMINISTRATIVE PENALTY
647	647	Sec. 507.351. IMPOSITION OF ADMINISTRATIVE PENALTY. The
648	648	executive council may impose an administrative penalty on a person
649	649	licensed or regulated by the executive council if the person
650	650	violates this chapter, a law regulating the applicable profession,
651	651	or an executive council rule.
652	652	Sec. 507.352. AMOUNT OF PENALTY. (a) The amount of an
653	653	administrative penalty may not exceed $5,000 for each violation.
654	654	Each day a violation continues or occurs is a separate violation for
655	655	purposes of imposing a penalty.
656	656	(b) The amount of the penalty must be based on:
657	657	(1) the seriousness of the violation, including:
658	658	(A) the nature, circumstances, extent, and
659	659	gravity of any prohibited act; and
660	660	(B) the hazard or potential hazard created to the
661	661	health, safety, or economic welfare of the public;
662	662	(2) the economic harm to property or the environment
663	663	caused by the violation;
664	664	(3) the history of previous violations;
665	665	(4) the amount necessary to deter a future violation;
666	666	(5) efforts made to correct the violation; and
667	667	(6) any other matter that justice may require.
668	668	Sec. 507.353. NOTICE OF VIOLATION AND PENALTY. If the
669	669	executive council determines that a violation occurred, the
670	670	executive council shall give written notice of the violation to the
671	671	person alleged to have committed the violation. The notice may be
672	672	given by certified mail. The notice must:
673	673	(1) include a brief summary of the alleged violation;
674	674	(2) state the amount of the administrative penalty
675	675	recommended by the executive council; and
676	676	(3) inform the person of the person's right to a
677	677	hearing on the occurrence of the violation, the amount of the
678	678	penalty, or both.
679	679	Sec. 507.354. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
680	680	Not later than the 20th day after the date the person receives the
681	681	notice under Section 507.353, the person may in writing:
682	682	(1) accept the executive council's determination and
683	683	recommended administrative penalty; or
684	684	(2) request a hearing on the occurrence of the
685	685	violation, the amount of the penalty, or both.
686	686	(b) If the person accepts the executive council's
687	687	determination and recommended penalty, the executive council shall
688	688	issue an order and impose the recommended penalty.
689	689	Sec. 507.355. HEARING. (a) If the person requests a
690	690	hearing or fails to respond in a timely manner to the notice under
691	691	Section 507.353, the executive council shall set a hearing and give
692	692	written notice of the hearing to the person.
693	693	(b) An administrative law judge of the State Office of
694	694	Administrative Hearings shall hold the hearing.
695	695	(c) The administrative law judge shall make findings of fact
696	696	and conclusions of law and promptly issue to the executive council a
697	697	proposal for a decision as to the occurrence of the violation and
698	698	the amount of any proposed administrative penalty.
699	699	Sec. 507.356. DECISION BY EXECUTIVE COUNCIL. (a) Based on
700	700	the findings of fact, conclusions of law, and proposal for a
701	701	decision, the executive council by order may determine that:
702	702	(1) a violation occurred and impose an administrative
703	703	penalty; or
704	704	(2) a violation did not occur.
705	705	(b) The executive council shall give notice of the order to
706	706	the person. The notice must include a statement of the right of the
707	707	person to judicial review of the order.
708	708	Sec. 507.357. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
709	709	(a) Not later than the 30th day after the date the executive
710	710	council's order becomes final, the person shall:
711	711	(1) pay the administrative penalty; or
712	712	(2) file a petition for judicial review contesting the
713	713	occurrence of the violation, the amount of the penalty, or both.
714	714	(b) Within the 30-day period prescribed by Subsection (a), a
715	715	person who files a petition for judicial review may:
716	716	(1) stay enforcement of the penalty by:
717	717	(A) paying the penalty to the court for placement
718	718	in an escrow account; or
719	719	(B) giving to the court a supersedeas bond
720	720	approved by the court that is:
721	721	(i) for the amount of the penalty; and
722	722	(ii) effective until judicial review of the
723	723	executive council's order is final; or
724	724	(2) request the court to stay enforcement of the
725	725	penalty by:
726	726	(A) filing with the court a sworn affidavit of
727	727	the person stating that the person is financially unable to pay the
728	728	penalty and is financially unable to give the supersedeas bond; and
729	729	(B) giving a copy of the affidavit to the
730	730	executive council by certified mail.
731	731	(c) If the executive council receives a copy of an affidavit
732	732	under Subsection (b)(2), the executive council may file with the
733	733	court a contest to the affidavit not later than the fifth day after
734	734	the date the copy is received.
735	735	(d) The court shall hold a hearing on the facts alleged in
736	736	the affidavit as soon as practicable and shall stay the enforcement
737	737	of the penalty on finding that the alleged facts are true. The
738	738	person who files the affidavit has the burden of proving that the
739	739	person is financially unable to pay the penalty or to give a
740	740	supersedeas bond.
741	741	Sec. 507.358. COLLECTION OF PENALTY. If the person does not
742	742	pay the administrative penalty and enforcement of the penalty is
743	743	not stayed, the executive council may refer the matter to the
744	744	attorney general for collection of the penalty.
745	745	Sec. 507.359. DETERMINATION BY COURT. (a) If the court
746	746	sustains the determination that a violation has occurred, the court
747	747	may uphold or reduce the amount of the administrative penalty and
748	748	order the person to pay the full or reduced amount of the penalty.
749	749	(b) If the court does not sustain the determination that a
750	750	violation occurred, the court shall order that a penalty is not
751	751	owed.
752	752	Sec. 507.360. REMITTANCE OF PENALTY AND INTEREST. (a) If,
753	753	after judicial review, the administrative penalty is reduced or not
754	754	imposed by the court, the court shall, after the judgment becomes
755	755	final:
756	756	(1) order that the appropriate amount, plus accrued
757	757	interest, be remitted to the person if the person paid the penalty;
758	758	or
759	759	(2) order the release of the bond:
760	760	(A) if the person gave a supersedeas bond and the
761	761	penalty is not imposed; or
762	762	(B) after the person pays the penalty if the
763	763	person gave a supersedeas bond and the penalty is reduced.
764	764	(b) The interest paid under Subsection (a)(1) is the rate
765	765	charged on loans to depository institutions by the New York Federal
766	766	Reserve Bank. The interest shall be paid for the period beginning
767	767	on the date the penalty is paid and ending on the date the penalty is
768	768	remitted.
769	769	Sec. 507.361. ADMINISTRATIVE PROCEDURE. A proceeding under
770	770	this subchapter is subject to Chapter 2001, Government Code.
771	771	SUBCHAPTER I. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
772	772	Sec. 507.401. INJUNCTION. (a) In addition to any other
773	773	action authorized by law, the executive council may institute an
774	774	action to enjoin a violation of this chapter, a law regulating the
775	775	applicable profession, or an executive council rule.
776	776	(b) An action filed under this section must be filed in
777	777	Travis County, the county of the defendant's residence, or the
778	778	county in which any part of the violation occurred.
779	779	(c) The attorney general or the appropriate county or
780	780	district attorney shall represent the executive council in an
781	781	action under this section.
782	782	Sec. 507.402. CIVIL PENALTY. (a) A person who violates
783	783	this chapter, a law regulating the applicable profession, or an
784	784	executive council rule is liable to the state for a civil penalty
785	785	not to exceed $1,000 for each day of violation.
786	786	(b) At the request of the executive council, the attorney
787	787	general shall bring an action to recover a civil penalty authorized
788	788	under this section.
789	789	Sec. 507.403. CEASE AND DESIST ORDER. (a) If it appears to
790	790	the executive council that an unlicensed person is violating this
791	791	chapter, a law regulating the applicable profession, or an
792	792	executive council rule, the executive council, after notice and
793	793	opportunity for a hearing, may issue a cease and desist order
794	794	prohibiting the person from engaging in the activity.
795	795	(b) A violation of an order under this section constitutes
796	796	grounds for imposing an administrative penalty under Subchapter H.
797	797	Sec. 507.404. MONITORING OF LICENSE HOLDER. The executive
798	798	council by rule shall develop a system to monitor a license holder's
799	799	compliance with applicable laws and executive council rules. Rules
800	800	adopted under this section must include procedures to:
801	801	(1) monitor for compliance a license holder who is
802	802	ordered by the executive council to perform certain acts; and
803	803	(2) identify and monitor each license holder who
804	804	represents a risk to the public.
805	805	ARTICLE 2. TRANSFER OF LICENSING PROGRAMS TO TEXAS BEHAVIORAL
806	806	HEALTH EXECUTIVE COUNCIL
807	807	SECTION 2.001. Section 501.002, Occupations Code, is
808	808	amended by adding Subdivision (1-a) to read as follows:
809	809	(1-a) "Executive council" means the Texas Behavioral
810	810	Health Executive Council.
811	811	SECTION 2.002. The heading to Section 501.053, Occupations
812	812	Code, is amended to read as follows:
813	813	Sec. 501.053. MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
814	814	SECTION 2.003. Sections 501.053(b) and (c), Occupations
815	815	Code, are amended to read as follows:
816	816	(b) A person may not be a member of the board [and may not be
817	817	a board employee employed in a "bona fide executive,
818	818	administrative, or professional capacity," as that phrase is used
819	819	for purposes of establishing an exemption to the overtime
820	820	provisions of the federal Fair Labor Standards Act of 1938 (29
821	821	U.S.C. Section 201 et seq.)] if:
822	822	(1) the person is an officer, employee, or paid
823	823	consultant of a Texas trade association in the field of health
824	824	services; or
825	825	(2) the person's spouse is an officer, manager, or paid
826	826	consultant of a Texas trade association in the field of mental
827	827	health.
828	828	(c) A person may not be a member of the board [or act as the
829	829	general counsel to the board] if the person is required to register
830	830	as a lobbyist under Chapter 305, Government Code, because of the
831	831	person's activities for compensation on behalf of a profession
832	832	related to the operation of the board.
833	833	SECTION 2.004. Section 501.055(c), Occupations Code, is
834	834	amended to read as follows:
835	835	(c) If the executive director of the executive council has
836	836	knowledge that a potential ground for removal exists, the executive
837	837	director shall notify the presiding officer of the board of the
838	838	potential ground. The presiding officer shall then notify the
839	839	governor and the attorney general that a potential ground for
840	840	removal exists. If the potential ground for removal involves the
841	841	presiding officer, the executive director shall notify the next
842	842	highest ranking officer of the board, who shall then notify the
843	843	governor and the attorney general that a potential ground for
844	844	removal exists.
845	845	SECTION 2.005. Section 501.059, Occupations Code, is
846	846	amended by amending Subsection (b) and adding Subsection (d) to
847	847	read as follows:
848	848	(b) The training program must provide the person with
849	849	information regarding:
850	850	(1) the law governing board operations;
851	851	(2) [this chapter and] the programs, functions, rules,
852	852	and budget of the board;
853	853	(3) the scope of and limitations on the rulemaking
854	854	authority of the board;
855	855	(4) [(2)] the results of the most recent formal audit
856	856	of the board;
857	857	(5) [(3)] the requirements of:
858	858	(A) laws relating to open meetings, public
859	859	information, administrative procedure, and disclosing conflicts of
860	860	interest; and
861	861	(B) other laws applicable to members of the board
862	862	in performing their duties; and
863	863	(6) [(4)] any applicable ethics policies adopted by
864	864	the board or the Texas Ethics Commission.
865	865	(d) The executive director of the executive council shall
866	866	create a training manual that includes the information required by
867	867	Subsection (b). The executive director shall distribute a copy of
868	868	the training manual annually to each board member. On receipt of
869	869	the training manual, each board member shall sign and submit to the
870	870	executive director a statement acknowledging receipt of the
871	871	training manual.
872	872	SECTION 2.006. The heading to Subchapter D, Chapter 501,
873	873	Occupations Code, is amended to read as follows:
874	874	SUBCHAPTER D. [BOARD] POWERS AND DUTIES
875	875	SECTION 2.007. The heading to Section 501.151, Occupations
876	876	Code, is amended to read as follows:
877	877	Sec. 501.151. GENERAL POWERS AND DUTIES OF EXECUTIVE
878	878	COUNCIL.
879	879	SECTION 2.008. Sections 501.151(c) and (d), Occupations
880	880	Code, are amended to read as follows:
881	881	(c) The executive council [board] shall adopt and publish a
882	882	code of ethics under this chapter.
883	883	(d) The executive council [board] may certify the specialty
884	884	of health service providers under this chapter.
885	885	SECTION 2.009. Subchapter D, Chapter 501, Occupations Code,
886	886	is amended by adding Section 501.1515 to read as follows:
887	887	Sec. 501.1515. BOARD DUTIES. The board shall propose to the
888	888	executive council:
889	889	(1) rules regarding:
890	890	(A) the qualifications necessary to obtain a
891	891	license, including rules limiting an applicant's eligibility for a
892	892	license based on the applicant's criminal history;
893	893	(B) the scope of practice of and standards of
894	894	care and ethical practice for psychology; and
895	895	(C) continuing education requirements for
896	896	license holders; and
897	897	(2) a schedule of sanctions for violations of this
898	898	chapter or rules adopted under this chapter.
899	899	SECTION 2.010. Section 501.155, Occupations Code, is
900	900	amended to read as follows:
901	901	Sec. 501.155. VOLUNTARY GUIDELINES. (a) The executive
902	902	council [board] may cooperate with an agency that is not subject to
903	903	this chapter to formulate voluntary guidelines to be observed in
904	904	the training, activities, and supervision of persons who perform
905	905	psychological services.
906	906	(b) Except as provided by Subsection (a), the executive
907	907	council [board] may not adopt a rule that relates to the
908	908	administration of an agency that is not subject to this chapter.
909	909	SECTION 2.011. Section 501.158, Occupations Code, is
910	910	amended to read as follows:
911	911	Sec. 501.158. COMPETENCY REQUIREMENTS. (a) This section
912	912	applies to a person who is:
913	913	(1) applying to take the [provisional] license
914	914	examination;
915	915	(2) applying for a license or license renewal;
916	916	(3) currently licensed under this chapter [by the
917	917	board]; or
918	918	(4) otherwise providing psychological services under
919	919	a license approved by the executive council under this chapter
920	920	[board].
921	921	(b) On a determination by the executive council [board]
922	922	based on the executive council's [board's] reasonable belief that a
923	923	person is not physically and mentally competent to provide
924	924	psychological services with reasonable skill and safety to patients
925	925	or has a physical or mental disease or condition that would impair
926	926	the person's competency to provide psychological services, the
927	927	executive council [board] may request the person to submit to:
928	928	(1) a physical examination by a physician approved by
929	929	the executive council [board]; or
930	930	(2) a mental examination by a physician or
931	931	psychologist approved by the executive council [board].
932	932	(c) The executive council [board] shall issue an order
933	933	requiring a [an applicant or] person [seeking renewal of a
934	934	provisional license] who refuses to submit to an examination under
935	935	this section to show cause for the person's refusal at a hearing on
936	936	the order scheduled for not later than the 30th day after the date
937	937	notice is served on the person. The executive council [board] shall
938	938	provide notice under this section by personal service or by
939	939	registered mail, return receipt requested.
940	940	(d) At the hearing, the person may appear in person and by
941	941	counsel and present evidence to justify the person's refusal to
942	942	submit to examination. After the hearing, the executive council
943	943	[board] shall issue an order requiring the person to submit to
944	944	examination under this section or withdrawing the request for the
945	945	examination.
946	946	(e) Unless the request is withdrawn, the executive council
947	947	may take disciplinary action against a person who refuses to submit
948	948	to the physical or mental examination [may not take the provisional
949	949	license examination or renew the person's license, as appropriate].
950	950	(f) An appeal from the executive council's [board's] order
951	951	under this section is governed by Chapter 2001, Government Code.
952	952	SECTION 2.012. Section 501.252(a), Occupations Code, is
953	953	amended to read as follows:
954	954	(a) To be licensed under this chapter, a person must apply
955	955	to the executive council [board] for a license. The executive
956	956	council [board] shall issue a license to an applicant who:
957	957	(1) is qualified for the license under Section
958	958	501.2525 [complies with this section]; and
959	959	(2) pays the fee set by the executive council [board].
960	960	SECTION 2.013. Section 501.255, Occupations Code, is
961	961	redesignated as Section 501.2525, Occupations Code, and amended to
962	962	read as follows:
963	963	Sec. 501.2525 [501.255]. [PROVISIONAL] LICENSE
964	964	[EXAMINATION] QUALIFICATIONS. (a) An applicant is qualified [may
965	965	take an examination] for a [provisional] license under this chapter
966	966	if the applicant:
967	967	(1) has received:
968	968	(A) a doctoral degree in psychology from a
969	969	regionally accredited educational institution conferred on or
970	970	after January 1, 1979; or
971	971	(B) a doctoral degree in psychology, or the
972	972	substantial equivalent of a doctoral degree in psychology in both
973	973	subject matter and extent of training, from a regionally accredited
974	974	educational institution conferred before January 1, 1979;
975	975	(2) except as provided by Subsection (c) and Section
976	976	501.253, has:
977	977	(A) at least two years of supervised experience
978	978	in the field of psychological services, one year of which may be as
979	979	part of the doctoral program and at least one year of which began
980	980	after the date the person's doctoral degree was conferred by an
981	981	institution of higher education; and
982	982	(B) passed any examination required by Section
983	983	501.256;
984	984	(3) has attained the age of majority;
985	985	[(3) has good moral character;]
986	986	(4) is physically and mentally competent to provide
987	987	psychological services with reasonable skill and safety, as
988	988	determined by the executive council [board];
989	989	(5) is not afflicted with a mental or physical disease
990	990	or condition that would impair the applicant's competency to
991	991	provide psychological services;
992	992	(6) has not been convicted of a crime involving moral
993	993	turpitude or a felony;
994	994	(7) does not use drugs or alcohol to an extent that
995	995	affects the applicant's professional competency;
996	996	(8) has not engaged in fraud or deceit in making the
997	997	application; and
998	998	(9) except as provided by Section 501.263, has not:
999	999	(A) aided or abetted the practice of psychology
1000	1000	by a person not licensed under this chapter in representing that the
1001	1001	person is licensed under this chapter;
1002	1002	(B) represented that the applicant is licensed
1003	1003	under this chapter to practice psychology when the applicant is not
1004	1004	licensed; or
1005	1005	(C) practiced psychology in this state without a
1006	1006	license under this chapter or without being exempt under this
1007	1007	chapter.
1008	1008	(b) In determining under Subsection (a)(1)(B) whether a
1009	1009	degree is substantially equivalent to a doctoral degree in
1010	1010	psychology, the executive council [board] shall consider whether,
1011	1011	at the time the degree was conferred, the doctoral program met the
1012	1012	prevailing standards for training in the area of psychology,
1013	1013	including standards for training in clinical, school, and
1014	1014	industrial counseling.
1015	1015	(c) Subsection (a)(2)(A) does not apply to an applicant who:
1016	1016	(1) is licensed in good standing in another state to
1017	1017	independently practice psychology; and
1018	1018	(2) has independently practiced psychology in that
1019	1019	state for at least five years.
1020	1020	(d) For purposes of Subsection (a)(2)(A), experience is
1021	1021	supervised only if the experience is supervised by a psychologist
1022	1022	in the manner provided by the executive council's supervision
1023	1023	guidelines. To determine the acceptability of an applicant's
1024	1024	experience, the executive council may require documentary evidence
1025	1025	of the quality, scope, and nature of the applicant's experience.
1026	1026	The executive council may count toward the supervised experience an
1027	1027	applicant is required to obtain after the applicant's degree is
1028	1028	conferred any hours of supervised experience the applicant
1029	1029	completed as part of a degree program accredited by the American
1030	1030	Psychological Association, the Canadian Psychological Association,
1031	1031	or a substantially equivalent degree program.
1032	1032	SECTION 2.014. Section 501.253, Occupations Code, is
1033	1033	amended to read as follows:
1034	1034	Sec. 501.253. PROVISIONAL STATUS FOR CERTAIN APPLICANTS
1035	1035	[LICENSE]. (a) The executive council may [board shall] issue a
1036	1036	[provisional] license with a provisional status to an applicant who
1037	1037	has not satisfied the experience or examination requirements of
1038	1038	Section 501.2525(a)(2) but is otherwise qualified for the license
1039	1039	under Section 501.2525 [:
1040	1040	[(1) passed the examinations prescribed by the board;
1041	1041	[(2) satisfied the preliminary requirements of
1042	1042	Sections 501.254 and 501.255; and
1043	1043	[(3) paid the fee for a provisional license].
1044	1044	(b) A [provisional] license holder described by Subsection
1045	1045	(a) is entitled to practice psychology under the supervision of a
1046	1046	psychologist to meet the requirements for issuance of a license
1047	1047	under Section 501.2525, except that if the [501.252. A
1048	1048	provisional] license holder [who] is licensed in another state to
1049	1049	independently practice psychology and is in good standing in that
1050	1050	state, the license holder [and who seeks a license in this state] is
1051	1051	entitled to practice psychology without the supervision of a
1052	1052	psychologist [during the time that the board is processing the
1053	1053	person's application for a license].
1054	1054	(c) The executive council [board] shall adopt rules that
1055	1055	apply to a [provisional] license holder described by Subsection (a)
1056	1056	[holders] identifying:
1057	1057	(1) the activities that the license holder [holders]
1058	1058	may engage in; and
1059	1059	(2) services that may be provided by the license
1060	1060	holder [holders].
1061	1061	(d) The executive council [board] may refuse to renew a [the
1062	1062	provisional] license issued under Subsection (a) if the license
1063	1063	holder [of a person who] does not meet the requirements prescribed
1064	1064	by Section 501.2525(a)(2) [501.255].
1065	1065	(e) The executive council [board] may not restrict the
1066	1066	issuance of a license [or provisional license] to an applicant who
1067	1067	is licensed in another state to independently practice psychology
1068	1068	and is in good standing in that state based on the number of years
1069	1069	the applicant has been licensed in good standing in that state.
1070	1070	[(f) If an applicant who is licensed in another state to
1071	1071	independently practice psychology and is in good standing in that
1072	1072	state presents credentials from a national accreditation
1073	1073	organization to the board and the board determines that the
1074	1074	requirements for obtaining those credentials from that
1075	1075	organization are sufficient to protect the public, the board may
1076	1076	issue a provisional license to the applicant. An applicant who
1077	1077	obtains a provisional license under this subsection must have
1078	1078	passed the examination described by Section 501.256(b)(2).]
1079	1079	SECTION 2.015. Sections 501.256(a), (b), (c), and (d),
1080	1080	Occupations Code, are amended to read as follows:
1081	1081	(a) The executive council [board] shall administer to
1082	1082	qualified applicants at least annually any [the oral and] written
1083	1083	examination required by executive council [board] rules. An [The
1084	1084	board shall have the written portion of the] examination must be[,
1085	1085	if any,] validated by an independent testing professional.
1086	1086	(b) The executive council [board] shall determine the
1087	1087	subject and scope of each examination [the examinations] and
1088	1088	establish appropriate fees for examinations administered. The
1089	1089	examination must test the applicant's knowledge of:
1090	1090	(1) the discipline and profession of psychology; and
1091	1091	(2) the laws and rules governing the profession of
1092	1092	psychology in this state.
1093	1093	(c) The executive council [board] may waive the discipline
1094	1094	and professional segment of the examination requirement for an
1095	1095	applicant who:
1096	1096	(1) is a specialist of the American Board of
1097	1097	Professional Psychology; or
1098	1098	(2) in the executive council's [board's] judgment, has
1099	1099	demonstrated competence in the areas covered by the examination.
1100	1100	(d) The contents of the examination described by Subsection
1101	1101	(b)(2) are the jurisprudence examination. The executive council
1102	1102	[board] shall administer and each applicant must pass the
1103	1103	jurisprudence examination before the executive council [board] may
1104	1104	issue a [provisional] license.
1105	1105	SECTION 2.016. Section 501.259, Occupations Code, is
1106	1106	amended to read as follows:
1107	1107	Sec. 501.259. LICENSING OF PSYCHOLOGICAL ASSOCIATE. (a)
1108	1108	The executive council [board] shall set standards for the issuance
1109	1109	of licenses to psychological personnel who hold a master's degree
1110	1110	from an accredited university or college in a program that is
1111	1111	primarily psychological in nature.
1112	1112	(b) The executive council [board] shall designate a person
1113	1113	who holds a license authorized by this section by a title that
1114	1114	includes the adjective "psychological" followed by a noun such as
1115	1115	"associate," "assistant," "examiner," or "technician."
1116	1116	SECTION 2.017. Sections 501.260(a) and (b), Occupations
1117	1117	Code, are amended to read as follows:
1118	1118	(a) The executive council [board] by rule shall issue a
1119	1119	license to a licensed specialist in school psychology. A license
1120	1120	issued under this section constitutes the appropriate credential
1121	1121	for a person who provides psychological services as required by
1122	1122	Section 21.003(b), Education Code.
1123	1123	(b) The executive council [board] shall set the standards to
1124	1124	qualify for a license under this section. The standards must
1125	1125	include:
1126	1126	(1) satisfaction of minimum recognized graduate
1127	1127	degree requirements;
1128	1128	(2) completion of graduate course work at a regionally
1129	1129	accredited institution of higher education in:
1130	1130	(A) psychological foundations;
1131	1131	(B) educational foundations;
1132	1132	(C) interventions;
1133	1133	(D) assessments; and
1134	1134	(E) professional issues and ethics;
1135	1135	(3) completion of at least 1,200 hours of supervised
1136	1136	experience;
1137	1137	(4) receipt of a passing score on a nationally
1138	1138	recognized qualifying examination determined to be appropriate by
1139	1139	the executive council [board] and on any other examination required
1140	1140	by the executive council [board]; and
1141	1141	(5) satisfaction of the requirements under Sections
1142	1142	501.2525(a)(3)-(9)[, other than the degree requirements, for an
1143	1143	applicant to take an examination for a provisional license].
1144	1144	SECTION 2.018. Section 501.262, Occupations Code, is
1145	1145	amended to read as follows:
1146	1146	Sec. 501.262. RECIPROCAL LICENSE. The executive council
1147	1147	[board] may enter into and implement agreements with other
1148	1148	jurisdictions for the issuance of a license by reciprocity if the
1149	1149	other jurisdiction's requirements for licensing, certification, or
1150	1150	registration are substantially equal to the requirements of this
1151	1151	chapter.
1152	1152	SECTION 2.019. Sections 501.263(a), (b), (c), and (e),
1153	1153	Occupations Code, are amended to read as follows:
1154	1154	(a) The executive council [board] may issue a temporary
1155	1155	license to an applicant seeking to practice in this state for a
1156	1156	limited time and limited purpose if the applicant:
1157	1157	(1) pays the required application fee;
1158	1158	(2) submits an application to the executive council
1159	1159	[board] in the form prescribed by the executive council [board];
1160	1160	(3) is licensed, certified, or registered as a
1161	1161	psychologist or psychological associate by another state having
1162	1162	requirements substantially equal to those prescribed by this
1163	1163	chapter;
1164	1164	(4) is in good standing with the regulatory agency of
1165	1165	the jurisdiction in which the person is licensed, certified, or
1166	1166	registered;
1167	1167	(5) is supervised by a person licensed [by the board]
1168	1168	under this chapter with whom the temporary license holder may
1169	1169	consult during the time the person holds a temporary license; and
1170	1170	(6) has passed an examination recognized by the
1171	1171	executive council [board] as equivalent to the examination required
1172	1172	[by the board] for a permanent license under this chapter.
1173	1173	(b) A temporary license is valid only for the period
1174	1174	specified by the executive council [board] and for the limited
1175	1175	purpose approved by the executive council [board].
1176	1176	(c) The executive council [board] may adopt rules to issue a
1177	1177	temporary license to a person who holds a license or the equivalent
1178	1178	from another country.
1179	1179	(e) A person holding a temporary license issued under this
1180	1180	chapter shall display a sign indicating that the license is
1181	1181	temporary. The sign must be approved by the executive council
1182	1182	[board] and displayed in every room in which the person provides
1183	1183	psychological services.
1184	1184	SECTION 2.020. Section 501.264(a), Occupations Code, is
1185	1185	amended to read as follows:
1186	1186	(a) A psychologist may place the psychologist's license on
1187	1187	inactive status by applying to the executive council [board] and
1188	1188	paying a fee established by the executive council [board].
1189	1189	SECTION 2.021. Section 501.301, Occupations Code, is
1190	1190	amended to read as follows:
1191	1191	Sec. 501.301. LICENSE EXPIRATION AND RENEWAL. (a) The
1192	1192	executive council shall adopt rules providing for the expiration
1193	1193	and renewal of a [A] license issued under this chapter. The rules
1194	1194	must require a license be renewed annually or biennially [expires
1195	1195	on December 31 of the year following the date the license is issued
1196	1196	or renewed. A license of a psychological associate expires on May
1197	1197	31 of the year following the date the license is issued or renewed].
1198	1198	(b) The executive council [board] by rule may adopt a system
1199	1199	under which licenses expire on various dates during the year. For a
1200	1200	year in which the expiration date is changed, the executive council
1201	1201	[board] shall prorate the licensing fee so that each license holder
1202	1202	pays only the portion of the fee that is allocable to the number of
1203	1203	months during which the license is valid. On renewal of the license
1204	1204	on the new expiration date, the entire licensing fee is payable.
1205	1205	SECTION 2.022. Sections 501.351(a) and (c), Occupations
1206	1206	Code, are amended to read as follows:
1207	1207	(a) A psychologist licensed under this chapter may delegate
1208	1208	to a [provisionally licensed] psychologist who holds a license
1209	1209	described by Section 501.253, a newly licensed psychologist who is
1210	1210	not eligible for managed care panels, a person who holds a temporary
1211	1211	license issued under Section 501.263, or a person enrolled in a
1212	1212	formal internship as provided by executive council [board] rules [,
1213	1213	and a person who satisfies Section 501.255(a) and is in the process
1214	1214	of acquiring the supervised experience required by Section
1215	1215	501.252(b)(2)] any psychological test or service that a reasonable
1216	1216	and prudent psychologist could delegate within the scope of sound
1217	1217	psychological judgment if the psychologist determines that:
1218	1218	(1) the test or service can be properly and safely
1219	1219	performed by the person;
1220	1220	(2) the person does not represent to the public that
1221	1221	the person is authorized to practice psychology; and
1222	1222	(3) the test or service will be performed in the
1223	1223	customary manner and in compliance with any other law.
1224	1224	(c) The executive council [board] may determine whether:
1225	1225	(1) a psychological test or service may be properly
1226	1226	and safely delegated under this section; and
1227	1227	(2) a delegated act constitutes the practice of
1228	1228	psychology under this chapter.
1229	1229	SECTION 2.023. Section 501.401, Occupations Code, is
1230	1230	amended to read as follows:
1231	1231	Sec. 501.401. GROUNDS FOR DISCIPLINARY ACTION. The
1232	1232	executive council [board] shall take disciplinary action under
1233	1233	Subchapter G, Chapter 507, against [revoke or suspend a holder's
1234	1234	license, place on probation a person whose license has been
1235	1235	suspended, or reprimand] a license holder who:
1236	1236	(1) violates this chapter or a rule adopted under this
1237	1237	chapter [by the board];
1238	1238	(2) is convicted of a felony or of any offense that
1239	1239	would be a felony under the laws of this state, or of a violation of
1240	1240	a law involving moral turpitude;
1241	1241	(3) uses drugs or alcohol to an extent that affects the
1242	1242	person's professional competency;
1243	1243	(4) engages in fraud or deceit in connection with
1244	1244	services provided as a psychologist;
1245	1245	(5) except as provided by Section 501.263:
1246	1246	(A) aids or abets the practice of psychology by a
1247	1247	person not licensed under this chapter in representing that the
1248	1248	person is licensed under this chapter;
1249	1249	(B) represents that the person is licensed under
1250	1250	this chapter to practice psychology when the person is not
1251	1251	licensed; or
1252	1252	(C) practices psychology in this state without a
1253	1253	license under this chapter or without being qualified for an
1254	1254	exemption under Section 501.004; or
1255	1255	(6) commits an act for which liability exists under
1256	1256	Chapter 81, Civil Practice and Remedies Code.
1257	1257	SECTION 2.024. Section 501.407, Occupations Code, is
1258	1258	amended to read as follows:
1259	1259	Sec. 501.407. REMEDIAL CONTINUING EDUCATION. The executive
1260	1260	council [board] may require a license holder who violates this
1261	1261	chapter to participate in a continuing education program. The
1262	1262	executive council [board] shall specify the continuing education
1263	1263	program that the person may attend and the number of hours that the
1264	1264	person must complete to fulfill the requirements of this section.
1265	1265	SECTION 2.025. Section 501.408, Occupations Code, is
1266	1266	amended to read as follows:
1267	1267	Sec. 501.408. CORRECTIVE ADVERTISING. The executive
1268	1268	council [board] may order corrective advertising if a psychologist,
1269	1269	individually or under an assumed name, engages in false,
1270	1270	misleading, or deceptive advertising.
1271	1271	SECTION 2.026. Subchapter I, Chapter 501, Occupations Code,
1272	1272	is amended by adding Section 501.411 to read as follows:
1273	1273	Sec. 501.411. REMEDIAL PLAN. (a) The executive council may
1274	1274	issue and establish the terms of a remedial plan to resolve the
1275	1275	investigation of a complaint filed under this chapter.
1276	1276	(b) The executive council by rule shall establish the types
1277	1277	of complaints or violations that may be resolved with a remedial
1278	1278	plan. The rules must provide that a remedial plan may not be
1279	1279	imposed to resolve a complaint:
1280	1280	(1) involving conduct that poses a significant risk of
1281	1281	harm to a patient; or
1282	1282	(2) in which the appropriate resolution may involve
1283	1283	revoking, suspending, limiting, or restricting a person's license.
1284	1284	(c) A remedial plan may not contain a provision that:
1285	1285	(1) revokes, suspends, limits, or restricts a person's
1286	1286	license; or
1287	1287	(2) assesses an administrative penalty against a
1288	1288	person.
1289	1289	(d) The executive council may not issue a remedial plan to
1290	1290	resolve a complaint against a license holder if the license holder
1291	1291	has previously entered into a remedial plan with the executive
1292	1292	council for the resolution of a different complaint filed under
1293	1293	this chapter.
1294	1294	(e) The executive council may assess a fee against a license
1295	1295	holder participating in a remedial plan in an amount necessary to
1296	1296	recover the costs of administering the plan.
1297	1297	SECTION 2.027. Section 501.505, Occupations Code, is
1298	1298	amended to read as follows:
1299	1299	Sec. 501.505. OPTION TO ORDER REFUND. (a) Under an
1300	1300	agreement resulting from an informal settlement conference, the
1301	1301	executive council [board] may order a license holder to refund to
1302	1302	the person who paid for the psychological services at issue an
1303	1303	amount not to exceed the amount the person paid to the license
1304	1304	holder for a service regulated by this chapter instead of or in
1305	1305	addition to imposing an administrative penalty under Subchapter H,
1306	1306	Chapter 507 [this chapter].
1307	1307	(b) The executive council [board] may not include an
1308	1308	estimation of other damages or harm in a refund order.
1309	1309	SECTION 2.028. Chapter 501, Occupations Code, is amended by
1310	1310	adding Subchapter L to read as follows:
1311	1311	SUBCHAPTER L. PSYCHOLOGY INTERJURISDICTIONAL COMPACT
1312	1312	Sec. 501.601. PSYCHOLOGY INTERJURISDICTIONAL COMPACT. The
1313	1313	Psychology Interjurisdictional Compact is enacted and entered into
1314	1314	as follows:
1315	1315	PSYCHOLOGY INTERJURISDICTIONAL COMPACT
1316	1316	ARTICLE I. PURPOSE
1317	1317	Whereas, states license psychologists, in order to protect the
1318	1318	public through verification of education, training and experience
1319	1319	and ensure accountability for professional practice; and
1320	1320	Whereas, this Compact is intended to regulate the day to day
1321	1321	practice of telepsychology (i.e. the provision of psychological
1322	1322	services using telecommunication technologies) by psychologists
1323	1323	across state boundaries in the performance of their psychological
1324	1324	practice as assigned by an appropriate authority; and
1325	1325	Whereas, this Compact is intended to regulate the temporary
1326	1326	in-person, face-to-face practice of psychology by psychologists
1327	1327	across state boundaries for 30 days within a calendar year in the
1328	1328	performance of their psychological practice as assigned by an
1329	1329	appropriate authority;
1330	1330	Whereas, this Compact is intended to authorize State Psychology
1331	1331	Regulatory Authorities to afford legal recognition, in a manner
1332	1332	consistent with the terms of the Compact, to psychologists licensed
1333	1333	in another state;
1334	1334	Whereas, this Compact recognizes that states have a vested interest
1335	1335	in protecting the public's health and safety through their
1336	1336	licensing and regulation of psychologists and that such state
1337	1337	regulation will best protect public health and safety;
1338	1338	Whereas, this Compact does not apply when a psychologist is
1339	1339	licensed in both the Home and Receiving States; and
1340	1340	Whereas, this Compact does not apply to permanent in-person,
1341	1341	face-to-face practice, it does allow for authorization of temporary
1342	1342	psychological practice.
1343	1343	Consistent with these principles, this Compact is designed to
1344	1344	achieve the following purposes and objectives:
1345	1345	1. Increase public access to professional psychological
1346	1346	services by allowing for telepsychological practice
1347	1347	across state lines as well as temporary in-person,
1348	1348	face-to-face services into a state which the psychologist
1349	1349	is not licensed to practice psychology;
1350	1350	2. Enhance the states' ability to protect the public's health
1351	1351	and safety, especially client/patient safety;
1352	1352	3. Encourage the cooperation of Compact States in the areas of
1353	1353	psychology licensure and regulation;
1354	1354	4. Facilitate the exchange of information between Compact
1355	1355	States regarding psychologist licensure, adverse actions
1356	1356	and disciplinary history;
1357	1357	5. Promote compliance with the laws governing psychological
1358	1358	practice in each Compact State; and
1359	1359	6. Invest all Compact States with the authority to hold
1360	1360	licensed psychologists accountable through the mutual
1361	1361	recognition of Compact State licenses.
1362	1362	ARTICLE II. DEFINITIONS
1363	1363	A. "Adverse Action" means: Any action taken by a State Psychology
1364	1364	Regulatory Authority which finds a violation of a statute or
1365	1365	regulation that is identified by the State Psychology
1366	1366	Regulatory Authority as discipline and is a matter of public
1367	1367	record.
1368	1368	B. "Association of State and Provincial Psychology Boards
1369	1369	(ASPPB)" means: the recognized membership organization
1370	1370	composed of State and Provincial Psychology Regulatory
1371	1371	Authorities responsible for the licensure and registration of
1372	1372	psychologists throughout the United States and Canada.
1373	1373	C. "Authority to Practice Interjurisdictional Telepsychology"
1374	1374	means: a licensed psychologist's authority to practice
1375	1375	telepsychology, within the limits authorized under this
1376	1376	Compact, in another Compact State.
1377	1377	D. "Bylaws" means: those Bylaws established by the Psychology
1378	1378	Interjurisdictional Compact Commission pursuant to Section X
1379	1379	for its governance, or for directing and controlling its
1380	1380	actions and conduct.
1381	1381	E. "Client/Patient" means: the recipient of psychological
1382	1382	services, whether psychological services are delivered in the
1383	1383	context of healthcare, corporate, supervision, and/or
1384	1384	consulting services.
1385	1385	F. "Commissioner" means: the voting representative appointed by
1386	1386	each State Psychology Regulatory Authority pursuant to Section
1387	1387	X.
1388	1388	G. "Compact State" means: a state, the District of Columbia, or
1389	1389	United States territory that has enacted this Compact
1390	1390	legislation and which has not withdrawn pursuant to Article
1391	1391	XIII, Section C or been terminated pursuant to Article XII,
1392	1392	Section B.
1393	1393	H. "Coordinated Licensure Information System" also referred to as
1394	1394	"Coordinated Database" means: an integrated process for
1395	1395	collecting, storing, and sharing information on psychologists'
1396	1396	licensure and enforcement activities related to psychology
1397	1397	licensure laws, which is administered by the recognized
1398	1398	membership organization composed of State and Provincial
1399	1399	Psychology Regulatory Authorities.
1400	1400	I. "Confidentiality" means: the principle that data or
1401	1401	information is not made available or disclosed to unauthorized
1402	1402	persons and/or processes.
1403	1403	J. "Day" means: any part of a day in which psychological work is
1404	1404	performed.
1405	1405	K. "Distant State" means: the Compact State where a psychologist
1406	1406	is physically present (not through the use of
1407	1407	telecommunications technologies), to provide temporary
1408	1408	in-person, face-to-face psychological services.
1409	1409	L. "E.Passport" means: a certificate issued by the Association of
1410	1410	State and Provincial Psychology Boards (ASPPB) that promotes
1411	1411	the standardization in the criteria of interjurisdictional
1412	1412	telepsychology practice and facilitates the process for
1413	1413	licensed psychologists to provide telepsychological services
1414	1414	across state lines.
1415	1415	M. "Executive Board" means: a group of directors elected or
1416	1416	appointed to act on behalf of, and within the powers granted to
1417	1417	them by, the Commission.
1418	1418	N. "Home State" means: a Compact State where a psychologist is
1419	1419	licensed to practice psychology. If the psychologist is
1420	1420	licensed in more than one Compact State and is practicing under
1421	1421	the Authorization to Practice Interjurisdictional
1422	1422	Telepsychology, the Home State is the Compact State where the
1423	1423	psychologist is physically present when the telepsychological
1424	1424	services are delivered. If the psychologist is licensed in more
1425	1425	than one Compact State and is practicing under the Temporary
1426	1426	Authorization to Practice, the Home State is any Compact State
1427	1427	where the psychologist is licensed.
1428	1428	O. "Identity History Summary" means: a summary of information
1429	1429	retained by the FBI, or other designee with similar authority,
1430	1430	in connection with arrests and, in some instances, federal
1431	1431	employment, naturalization, or military service.
1432	1432	P. "In-Person, Face-to-Face" means: interactions in which the
1433	1433	psychologist and the client/patient are in the same physical
1434	1434	space and which does not include interactions that may occur
1435	1435	through the use of telecommunication technologies.
1436	1436	Q. "Interjurisdictional Practice Certificate (IPC)" means: a
1437	1437	certificate issued by the Association of State and Provincial
1438	1438	Psychology Boards (ASPPB) that grants temporary authority to
1439	1439	practice based on notification to the State Psychology
1440	1440	Regulatory Authority of intention to practice temporarily, and
1441	1441	verification of one's qualifications for such practice.
1442	1442	R. "License" means: authorization by a State Psychology
1443	1443	Regulatory Authority to engage in the independent practice of
1444	1444	psychology, which would be unlawful without the authorization.
1445	1445	S. "Non-Compact State" means: any State which is not at the time a
1446	1446	Compact State.
1447	1447	T. "Psychologist" means: an individual licensed for the
1448	1448	independent practice of psychology.
1449	1449	U. "Psychology Interjurisdictional Compact Commission" also
1450	1450	referred to as "Commission" means: the national administration
1451	1451	of which all Compact States are members.
1452	1452	V. "Receiving State" means: a Compact State where the
1453	1453	client/patient is physically located when the
1454	1454	telepsychological services are delivered.
1455	1455	W. "Rule" means: a written statement by the Psychology
1456	1456	Interjurisdictional Compact Commission promulgated pursuant
1457	1457	to Section XI of the Compact that is of general applicability,
1458	1458	implements, interprets, or prescribes a policy or provision of
1459	1459	the Compact, or an organizational, procedural, or practice
1460	1460	requirement of the Commission and has the force and effect of
1461	1461	statutory law in a Compact State, and includes the amendment,
1462	1462	repeal or suspension of an existing rule.
1463	1463	X. "Significant Investigatory Information" means:
1464	1464	1. investigative information that a State Psychology
1465	1465	Regulatory Authority, after a preliminary inquiry that
1466	1466	includes notification and an opportunity to respond if
1467	1467	required by state law, has reason to believe, if proven
1468	1468	true, would indicate more than a violation of state
1469	1469	statute or ethics code that would be considered more
1470	1470	substantial than minor infraction; or
1471	1471	2. investigative information that indicates that the
1472	1472	psychologist represents an immediate threat to public
1473	1473	health and safety regardless of whether the psychologist
1474	1474	has been notified and/or had an opportunity to respond.
1475	1475	Y. "State" means: a state, commonwealth, territory, or possession
1476	1476	of the United States, the District of Columbia.
1477	1477	Z. "State Psychology Regulatory Authority" means: the Board,
1478	1478	office or other agency with the legislative mandate to license
1479	1479	and regulate the practice of psychology.
1480	1480	AA. "Telepsychology" means: the provision of psychological
1481	1481	services using telecommunication technologies.
1482	1482	BB. "Temporary Authorization to Practice" means: a licensed
1483	1483	psychologist's authority to conduct temporary in-person,
1484	1484	face-to-face practice, within the limits authorized under this
1485	1485	Compact, in another Compact State.
1486	1486	CC. "Temporary In-Person, Face-to-Face Practice" means: where a
1487	1487	psychologist is physically present (not through the use of
1488	1488	telecommunications technologies), in the Distant State to
1489	1489	provide for the practice of psychology for 30 days within a
1490	1490	calendar year and based on notification to the Distant State.
1491	1491	ARTICLE III. HOME STATE LICENSURE
1492	1492	A. The Home State shall be a Compact State where a psychologist is
1493	1493	licensed to practice psychology.
1494	1494	B. A psychologist may hold one or more Compact State licenses at a
1495	1495	time. If the psychologist is licensed in more than one Compact
1496	1496	State, the Home State is the Compact State where the
1497	1497	psychologist is physically present when the services are
1498	1498	delivered as authorized by the Authority to Practice
1499	1499	Interjurisdictional Telepsychology under the terms of this
1500	1500	Compact.
1501	1501	C. Any Compact State may require a psychologist not previously
1502	1502	licensed in a Compact State to obtain and retain a license to be
1503	1503	authorized to practice in the Compact State under
1504	1504	circumstances not authorized by the Authority to Practice
1505	1505	Interjurisdictional Telepsychology under the terms of this
1506	1506	Compact.
1507	1507	D. Any Compact State may require a psychologist to obtain and
1508	1508	retain a license to be authorized to practice in a Compact
1509	1509	State under circumstances not authorized by Temporary
1510	1510	Authorization to Practice under the terms of this Compact.
1511	1511	E. A Home State's license authorizes a psychologist to practice in
1512	1512	a Receiving State under the Authority to Practice
1513	1513	Interjurisdictional Telepsychology only if the Compact State:
1514	1514	1. Currently requires the psychologist to hold an active
1515	1515	E.Passport;
1516	1516	2. Has a mechanism in place for receiving and investigating
1517	1517	complaints about licensed individuals;
1518	1518	3. Notifies the Commission, in compliance with the terms
1519	1519	herein, of any adverse action or significant investigatory
1520	1520	information regarding a licensed individual;
1521	1521	4. Requires an Identity History Summary of all applicants at
1522	1522	initial licensure, including the use of the results of
1523	1523	fingerprints or other biometric data checks compliant with
1524	1524	the requirements of the Federal Bureau of Investigation
1525	1525	FBI, or other designee with similar authority, no later
1526	1526	than ten years after activation of the Compact; and
1527	1527	5. Complies with the Bylaws and Rules of the Commission.
1528	1528	F. A Home State's license grants Temporary Authorization to
1529	1529	Practice to a psychologist in a Distant State only if the
1530	1530	Compact State:
1531	1531	1. Currently requires the psychologist to hold an active IPC;
1532	1532	2. Has a mechanism in place for receiving and investigating
1533	1533	complaints about licensed individuals;
1534	1534	3. Notifies the Commission, in compliance with the terms
1535	1535	herein, of any adverse action or significant investigatory
1536	1536	information regarding a licensed individual;
1537	1537	4. Requires an Identity History Summary of all applicants at
1538	1538	initial licensure, including the use of the results of
1539	1539	fingerprints or other biometric data checks compliant with
1540	1540	the requirements of the Federal Bureau of Investigation
1541	1541	FBI, or other designee with similar authority, no later
1542	1542	than ten years after activation of the Compact; and
1543	1543	5. Complies with the Bylaws and Rules of the Commission.
1544	1544	ARTICLE IV. COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY
1545	1545	A. Compact States shall recognize the right of a psychologist,
1546	1546	licensed in a Compact State in conformance with Article III, to
1547	1547	practice telepsychology in other Compact States (Receiving
1548	1548	States) in which the psychologist is not licensed, under the
1549	1549	Authority to Practice Interjurisdictional Telepsychology as
1550	1550	provided in the Compact.
1551	1551	B. To exercise the Authority to Practice Interjurisdictional
1552	1552	Telepsychology under the terms and provisions of this Compact,
1553	1553	a psychologist licensed to practice in a Compact State must:
1554	1554	1. Hold a graduate degree in psychology from an institute of
1555	1555	higher education that was, at the time the degree was
1556	1556	awarded:
1557	1557	a. Regionally accredited by an accrediting body
1558	1558	recognized by the U.S. Department of Education to
1559	1559	grant graduate degrees, OR authorized by Provincial
1560	1560	Statute or Royal Charter to grant doctoral degrees; OR
1561	1561	b. A foreign college or university deemed to be
1562	1562	equivalent to 1 (a) above by a foreign credential
1563	1563	evaluation service that is a member of the National
1564	1564	Association of Credential Evaluation Services (NACES)
1565	1565	or by a recognized foreign credential evaluation
1566	1566	service; AND
1567	1567	2. Hold a graduate degree in psychology that meets the
1568	1568	following criteria:
1569	1569	a. The program, wherever it may be administratively
1570	1570	housed, must be clearly identified and labeled as a
1571	1571	psychology program. Such a program must specify in
1572	1572	pertinent institutional catalogues and brochures its
1573	1573	intent to educate and train professional
1574	1574	psychologists;
1575	1575	b. The psychology program must stand as a recognizable,
1576	1576	coherent, organizational entity within the
1577	1577	institution;
1578	1578	c. There must be a clear authority and primary
1579	1579	responsibility for the core and specialty areas
1580	1580	whether or not the program cuts across administrative
1581	1581	lines;
1582	1582	d. The program must consist of an integrated, organized
1583	1583	sequence of study;
1584	1584	e. There must be an identifiable psychology faculty
1585	1585	sufficient in size and breadth to carry out its
1586	1586	responsibilities;
1587	1587	f. The designated director of the program must be a
1588	1588	psychologist and a member of the core faculty;
1589	1589	g. The program must have an identifiable body of students
1590	1590	who are matriculated in that program for a degree;
1591	1591	h. The program must include supervised practicum,
1592	1592	internship, or field training appropriate to the
1593	1593	practice of psychology;
1594	1594	i. The curriculum shall encompass a minimum of three
1595	1595	academic years of full-time graduate study for
1596	1596	doctoral degree and a minimum of one academic year of
1597	1597	full-time graduate study for master's degree;
1598	1598	j. The program includes an acceptable residency as
1599	1599	defined by the Rules of the Commission.
1600	1600	3. Possess a current, full and unrestricted license to
1601	1601	practice psychology in a Home State which is a Compact
1602	1602	State;
1603	1603	4. Have no history of adverse action that violate the Rules of
1604	1604	the Commission;
1605	1605	5. Have no criminal record history reported on an Identity
1606	1606	History Summary that violates the Rules of the Commission;
1607	1607	6. Possess a current, active E.Passport;
1608	1608	7. Provide attestations in regard to areas of intended
1609	1609	practice, conformity with standards of practice,
1610	1610	competence in telepsychology technology; criminal
1611	1611	background; and knowledge and adherence to legal
1612	1612	requirements in the home and receiving states, and provide
1613	1613	a release of information to allow for primary source
1614	1614	verification in a manner specified by the Commission; and
1615	1615	8. Meet other criteria as defined by the Rules of the
1616	1616	Commission.
1617	1617	C. The Home State maintains authority over the license of any
1618	1618	psychologist practicing into a Receiving State under the
1619	1619	Authority to Practice Interjurisdictional Telepsychology.
1620	1620	D. A psychologist practicing into a Receiving State under the
1621	1621	Authority to Practice Interjurisdictional Telepsychology will
1622	1622	be subject to the Receiving State's scope of practice. A
1623	1623	Receiving State may, in accordance with that state's due
1624	1624	process law, limit or revoke a psychologist's Authority to
1625	1625	Practice Interjurisdictional Telepsychology in the Receiving
1626	1626	State and may take any other necessary actions under the
1627	1627	Receiving State's applicable law to protect the health and
1628	1628	safety of the Receiving State's citizens. If a Receiving State
1629	1629	takes action, the state shall promptly notify the Home State
1630	1630	and the Commission.
1631	1631	E. If a psychologist's license in any Home State, another Compact
1632	1632	State, or any Authority to Practice Interjurisdictional
1633	1633	Telepsychology in any Receiving State, is restricted,
1634	1634	suspended or otherwise limited, the E.Passport shall be
1635	1635	revoked and therefore the psychologist shall not be eligible to
1636	1636	practice telepsychology in a Compact State under the Authority
1637	1637	to Practice Interjurisdictional Telepsychology.
1638	1638	ARTICLE V. COMPACT TEMPORARY AUTHORIZATION TO PRACTICE
1639	1639	A. Compact States shall also recognize the right of a
1640	1640	psychologist, licensed in a Compact State in conformance with
1641	1641	Article III, to practice temporarily in other Compact States
1642	1642	(Distant States) in which the psychologist is not licensed, as
1643	1643	provided in the Compact.
1644	1644	B. To exercise the Temporary Authorization to Practice under the
1645	1645	terms and provisions of this Compact, a psychologist licensed
1646	1646	to practice in a Compact State must:
1647	1647	1. Hold a graduate degree in psychology from an institute of
1648	1648	higher education that was, at the time the degree was
1649	1649	awarded:
1650	1650	a. Regionally accredited by an accrediting body
1651	1651	recognized by the U.S. Department of Education to
1652	1652	grant graduate degrees, OR authorized by Provincial
1653	1653	Statute or Royal Charter to grant doctoral degrees; OR
1654	1654	b. A foreign college or university deemed to be
1655	1655	equivalent to 1 (a) above by a foreign credential
1656	1656	evaluation service that is a member of the National
1657	1657	Association of Credential Evaluation Services (NACES)
1658	1658	or by a recognized foreign credential evaluation
1659	1659	service; AND
1660	1660	2. Hold a graduate degree in psychology that meets the
1661	1661	following criteria:
1662	1662	a. The program, wherever it may be administratively
1663	1663	housed, must be clearly identified and labeled as a
1664	1664	psychology program. Such a program must specify in
1665	1665	pertinent institutional catalogues and brochures its
1666	1666	intent to educate and train professional
1667	1667	psychologists;
1668	1668	b. The psychology program must stand as a recognizable,
1669	1669	coherent, organizational entity within the
1670	1670	institution;
1671	1671	c. There must be a clear authority and primary
1672	1672	responsibility for the core and specialty areas
1673	1673	whether or not the program cuts across administrative
1674	1674	lines;
1675	1675	d. The program must consist of an integrated, organized
1676	1676	sequence of study;
1677	1677	e. There must be an identifiable psychology faculty
1678	1678	sufficient in size and breadth to carry out its
1679	1679	responsibilities;
1680	1680	f. The designated director of the program must be a
1681	1681	psychologist and a member of the core faculty;
1682	1682	g. The program must have an identifiable body of students
1683	1683	who are matriculated in that program for a degree;
1684	1684	h. The program must include supervised practicum,
1685	1685	internship, or field training appropriate to the
1686	1686	practice of psychology;
1687	1687	i. The curriculum shall encompass a minimum of three
1688	1688	academic years of full-time graduate study for
1689	1689	doctoral degrees and a minimum of one academic year of
1690	1690	full-time graduate study for master's degree;
1691	1691	j. The program includes an acceptable residency as
1692	1692	defined by the Rules of the Commission.
1693	1693	3. Possess a current, full and unrestricted license to
1694	1694	practice psychology in a Home State which is a Compact
1695	1695	State;
1696	1696	4. No history of adverse action that violate the Rules of the
1697	1697	Commission;
1698	1698	5. No criminal record history that violates the Rules of the
1699	1699	Commission;
1700	1700	6. Possess a current, active IPC;
1701	1701	7. Provide attestations in regard to areas of intended
1702	1702	practice and work experience and provide a release of
1703	1703	information to allow for primary source verification in a
1704	1704	manner specified by the Commission; and
1705	1705	8. Meet other criteria as defined by the Rules of the
1706	1706	Commission.
1707	1707	C. A psychologist practicing into a Distant State under the
1708	1708	Temporary Authorization to Practice shall practice within the
1709	1709	scope of practice authorized by the Distant State.
1710	1710	D. A psychologist practicing into a Distant State under the
1711	1711	Temporary Authorization to Practice will be subject to the
1712	1712	Distant State's authority and law. A Distant State may, in
1713	1713	accordance with that state's due process law, limit or revoke a
1714	1714	psychologist's Temporary Authorization to Practice in the
1715	1715	Distant State and may take any other necessary actions under
1716	1716	the Distant State's applicable law to protect the health and
1717	1717	safety of the Distant State's citizens. If a Distant State
1718	1718	takes action, the state shall promptly notify the Home State
1719	1719	and the Commission.
1720	1720	E. If a psychologist's license in any Home State, another Compact
1721	1721	State, or any Temporary Authorization to Practice in any
1722	1722	Distant State, is restricted, suspended or otherwise limited,
1723	1723	the IPC shall be revoked and therefore the psychologist shall
1724	1724	not be eligible to practice in a Compact State under the
1725	1725	Temporary Authorization to Practice.
1726	1726	ARTICLE VI. CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING
1727	1727	STATE
1728	1728	A. A psychologist may practice in a Receiving State under the
1729	1729	Authority to Practice Interjurisdictional Telepsychology only
1730	1730	in the performance of the scope of practice for psychology as
1731	1731	assigned by an appropriate State Psychology Regulatory
1732	1732	Authority, as defined in the Rules of the Commission, and under
1733	1733	the following circumstances:
1734	1734	1. The psychologist initiates a client/patient contact in a
1735	1735	Home State via telecommunications technologies with a
1736	1736	client/patient in a Receiving State;
1737	1737	2. Other conditions regarding telepsychology as determined by
1738	1738	Rules promulgated by the Commission.
1739	1739	ARTICLE VII. ADVERSE ACTIONS
1740	1740	A. A Home State shall have the power to impose adverse action
1741	1741	against a psychologist's license issued by the Home State. A
1742	1742	Distant State shall have the power to take adverse action on a
1743	1743	psychologist's Temporary Authorization to Practice within that
1744	1744	Distant State.
1745	1745	B. A Receiving State may take adverse action on a psychologist's
1746	1746	Authority to Practice Interjurisdictional Telepsychology
1747	1747	within that Receiving State. A Home State may take adverse
1748	1748	action against a psychologist based on an adverse action taken
1749	1749	by a Distant State regarding temporary in-person, face-to-face
1750	1750	practice.
1751	1751	C. If a Home State takes adverse action against a psychologist's
1752	1752	license, that psychologist's Authority to Practice
1753	1753	Interjurisdictional Telepsychology is terminated and the
1754	1754	E.Passport is revoked. Furthermore, that psychologist's
1755	1755	Temporary Authorization to Practice is terminated and the IPC
1756	1756	is revoked.
1757	1757	1. All Home State disciplinary orders which impose adverse
1758	1758	action shall be reported to the Commission in accordance
1759	1759	with the Rules promulgated by the Commission. A Compact
1760	1760	State shall report adverse actions in accordance with the
1761	1761	Rules of the Commission.
1762	1762	2. In the event discipline is reported on a psychologist, the
1763	1763	psychologist will not be eligible for telepsychology or
1764	1764	temporary in-person, face-to-face practice in accordance
1765	1765	with the Rules of the Commission.
1766	1766	3. Other actions may be imposed as determined by the Rules
1767	1767	promulgated by the Commission.
1768	1768	D. A Home State's Psychology Regulatory Authority shall
1769	1769	investigate and take appropriate action with respect to
1770	1770	reported inappropriate conduct engaged in by a licensee which
1771	1771	occurred in a Receiving State as it would if such conduct had
1772	1772	occurred by a licensee within the Home State. In such cases,
1773	1773	the Home State's law shall control in determining any adverse
1774	1774	action against a psychologist's license.
1775	1775	E. A Distant State's Psychology Regulatory Authority shall
1776	1776	investigate and take appropriate action with respect to
1777	1777	reported inappropriate conduct engaged in by a psychologist
1778	1778	practicing under Temporary Authorization Practice which
1779	1779	occurred in that Distant State as it would if such conduct had
1780	1780	occurred by a licensee within the Home State. In such cases,
1781	1781	Distant State's law shall control in determining any adverse
1782	1782	action against a psychologist's Temporary Authorization to
1783	1783	Practice.
1784	1784	F. Nothing in this Compact shall override a Compact State's
1785	1785	decision that a psychologist's participation in an alternative
1786	1786	program may be used in lieu of adverse action and that such
1787	1787	participation shall remain non-public if required by the
1788	1788	Compact State's law. Compact States must require psychologists
1789	1789	who enter any alternative programs to not provide
1790	1790	telepsychology services under the Authority to Practice
1791	1791	Interjurisdictional Telepsychology or provide temporary
1792	1792	psychological services under the Temporary Authorization to
1793	1793	Practice in any other Compact State during the term of the
1794	1794	alternative program.
1795	1795	G. No other judicial or administrative remedies shall be available
1796	1796	to a psychologist in the event a Compact State imposes an
1797	1797	adverse action pursuant to subsection C, above.
1798	1798	ARTICLE VIII. ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S
1799	1799	PSYCHOLOGY REGULATORY AUTHORITY
1800	1800	A. In addition to any other powers granted under state law, a
1801	1801	Compact State's Psychology Regulatory Authority shall have the
1802	1802	authority under this Compact to:
1803	1803	1. Issue subpoenas, for both hearings and investigations,
1804	1804	which require the attendance and testimony of witnesses
1805	1805	and the production of evidence. Subpoenas issued by a
1806	1806	Compact State's Psychology Regulatory Authority for the
1807	1807	attendance and testimony of witnesses, and/or the
1808	1808	production of evidence from another Compact State shall be
1809	1809	enforced in the latter state by any court of competent
1810	1810	jurisdiction, according to that court's practice and
1811	1811	procedure in considering subpoenas issued in its own
1812	1812	proceedings. The issuing State Psychology Regulatory
1813	1813	Authority shall pay any witness fees, travel expenses,
1814	1814	mileage and other fees required by the service statutes of
1815	1815	the state where the witnesses and/or evidence are located;
1816	1816	and
1817	1817	2. Issue cease and desist and/or injunctive relief orders to
1818	1818	revoke a psychologist's Authority to Practice
1819	1819	Interjurisdictional Telepsychology and/or Temporary
1820	1820	Authorization to Practice.
1821	1821	3. During the course of any investigation, a psychologist may
1822	1822	not change his/her Home State licensure. A Home State
1823	1823	Psychology Regulatory Authority is authorized to complete
1824	1824	any pending investigations of a psychologist and to take
1825	1825	any actions appropriate under its law. The Home State
1826	1826	Psychology Regulatory Authority shall promptly report the
1827	1827	conclusions of such investigations to the Commission. Once
1828	1828	an investigation has been completed, and pending the
1829	1829	outcome of said investigation, the psychologist may change
1830	1830	his/her Home State licensure. The Commission shall
1831	1831	promptly notify the new Home State of any such decisions as
1832	1832	provided in the Rules of the Commission. All information
1833	1833	provided to the Commission or distributed by Compact
1834	1834	States pursuant to the psychologist shall be confidential,
1835	1835	filed under seal and used for investigatory or
1836	1836	disciplinary matters. The Commission may create
1837	1837	additional rules for mandated or discretionary sharing of
1838	1838	information by Compact States.
1839	1839	ARTICLE IX. COORDINATED LICENSURE INFORMATION SYSTEM
1840	1840	A. The Commission shall provide for the development and
1841	1841	maintenance of a Coordinated Licensure Information System
1842	1842	(Coordinated Database) and reporting system containing
1843	1843	licensure and disciplinary action information on all
1844	1844	psychologists individuals to whom this Compact is applicable
1845	1845	in all Compact States as defined by the Rules of the
1846	1846	Commission.
1847	1847	B. Notwithstanding any other provision of state law to the
1848	1848	contrary, a Compact State shall submit a uniform data set to
1849	1849	the Coordinated Database on all licensees as required by the
1850	1850	Rules of the Commission, including:
1851	1851	1. Identifying information;
1852	1852	2. Licensure data;
1853	1853	3. Significant investigatory information;
1854	1854	4. Adverse actions against a psychologist's license;
1855	1855	5. An indicator that a psychologist's Authority to Practice
1856	1856	Interjurisdictional Telepsychology and/or Temporary
1857	1857	Authorization to Practice is revoked;
1858	1858	6. Non-confidential information related to alternative
1859	1859	program participation information;
1860	1860	7. Any denial of application for licensure, and the reasons
1861	1861	for such denial; and
1862	1862	8. Other information which may facilitate the administration
1863	1863	of this Compact, as determined by the Rules of the
1864	1864	Commission.
1865	1865	C. The Coordinated Database administrator shall promptly notify
1866	1866	all Compact States of any adverse action taken against, or
1867	1867	significant investigative information on, any licensee in a
1868	1868	Compact State.
1869	1869	D. Compact States reporting information to the Coordinated
1870	1870	Database may designate information that may not be shared with
1871	1871	the public without the express permission of the Compact State
1872	1872	reporting the information.
1873	1873	E. Any information submitted to the Coordinated Database that is
1874	1874	subsequently required to be expunged by the law of the Compact
1875	1875	State reporting the information shall be removed from the
1876	1876	Coordinated Database.
1877	1877	ARTICLE X. ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL
1878	1878	COMPACT COMMISSION
1879	1879	A. The Compact States hereby create and establish a joint public
1880	1880	agency known as the Psychology Interjurisdictional Compact
1881	1881	Commission.
1882	1882	1. The Commission is a body politic and an instrumentality of
1883	1883	the Compact States.
1884	1884	2. Venue is proper and judicial proceedings by or against the
1885	1885	Commission shall be brought solely and exclusively in a
1886	1886	court of competent jurisdiction where the principal office
1887	1887	of the Commission is located. The Commission may waive
1888	1888	venue and jurisdictional defenses to the extent it adopts
1889	1889	or consents to participate in alternative dispute
1890	1890	resolution proceedings.
1891	1891	3. Nothing in this Compact shall be construed to be a waiver
1892	1892	of sovereign immunity.
1893	1893	B. Membership, Voting, and Meetings
1894	1894	1. The Commission shall consist of one voting representative
1895	1895	appointed by each Compact State who shall serve as that
1896	1896	state's Commissioner. The State Psychology Regulatory
1897	1897	Authority shall appoint its delegate. This delegate shall
1898	1898	be empowered to act on behalf of the Compact State. This
1899	1899	delegate shall be limited to:
1900	1900	a. Executive Director, Executive Secretary or similar
1901	1901	executive;
1902	1902	b. Current member of the State Psychology Regulatory
1903	1903	Authority of a Compact State; OR
1904	1904	c. Designee empowered with the appropriate delegate
1905	1905	authority to act on behalf of the Compact State.
1906	1906	2. Any Commissioner may be removed or suspended from office as
1907	1907	provided by the law of the state from which the
1908	1908	Commissioner is appointed. Any vacancy occurring in the
1909	1909	Commission shall be filled in accordance with the laws of
1910	1910	the Compact State in which the vacancy exists.
1911	1911	3. Each Commissioner shall be entitled to one (1) vote with
1912	1912	regard to the promulgation of Rules and creation of Bylaws
1913	1913	and shall otherwise have an opportunity to participate in
1914	1914	the business and affairs of the Commission. A Commissioner
1915	1915	shall vote in person or by such other means as provided in
1916	1916	the Bylaws. The Bylaws may provide for Commissioners'
1917	1917	participation in meetings by telephone or other means of
1918	1918	communication.
1919	1919	4. The Commission shall meet at least once during each
1920	1920	calendar year. Additional meetings shall be held as set
1921	1921	forth in the Bylaws.
1922	1922	5. All meetings shall be open to the public, and public notice
1923	1923	of meetings shall be given in the same manner as required
1924	1924	under the rulemaking provisions in Article XI.
1925	1925	6. The Commission may convene in a closed, non-public meeting
1926	1926	if the Commission must discuss:
1927	1927	a. Non-compliance of a Compact State with its obligations
1928	1928	under the Compact;
1929	1929	b. The employment, compensation, discipline or other
1930	1930	personnel matters, practices or procedures related to
1931	1931	specific employees or other matters related to the
1932	1932	Commission's internal personnel practices and
1933	1933	procedures;
1934	1934	c. Current, threatened, or reasonably anticipated
1935	1935	litigation against the Commission;
1936	1936	d. Negotiation of contracts for the purchase or sale of
1937	1937	goods, services or real estate;
1938	1938	e. Accusation against any person of a crime or formally
1939	1939	censuring any person;
1940	1940	f. Disclosure of trade secrets or commercial or financial
1941	1941	information which is privileged or confidential;
1942	1942	g. Disclosure of information of a personal nature where
1943	1943	disclosure would constitute a clearly unwarranted
1944	1944	invasion of personal privacy;
1945	1945	h. Disclosure of investigatory records compiled for law
1946	1946	enforcement purposes;
1947	1947	i. Disclosure of information related to any
1948	1948	investigatory reports prepared by or on behalf of or
1949	1949	for use of the Commission or other committee charged
1950	1950	with responsibility for investigation or
1951	1951	determination of compliance issues pursuant to the
1952	1952	Compact; or
1953	1953	j. Matters specifically exempted from disclosure by
1954	1954	federal and state statute.
1955	1955	7. If a meeting, or portion of a meeting, is closed pursuant
1956	1956	to this provision, the Commission's legal counsel or
1957	1957	designee shall certify that the meeting may be closed and
1958	1958	shall reference each relevant exempting provision. The
1959	1959	Commission shall keep minutes which fully and clearly
1960	1960	describe all matters discussed in a meeting and shall
1961	1961	provide a full and accurate summary of actions taken, of
1962	1962	any person participating in the meeting, and the reasons
1963	1963	therefore, including a description of the views expressed.
1964	1964	All documents considered in connection with an action
1965	1965	shall be identified in such minutes. All minutes and
1966	1966	documents of a closed meeting shall remain under seal,
1967	1967	subject to release only by a majority vote of the
1968	1968	Commission or order of a court of competent jurisdiction.
1969	1969	C. The Commission shall, by a majority vote of the Commissioners,
1970	1970	prescribe Bylaws and/or Rules to govern its conduct as may be
1971	1971	necessary or appropriate to carry out the purposes and exercise
1972	1972	the powers of the Compact, including but not limited to:
1973	1973	1. Establishing the fiscal year of the Commission;
1974	1974	2. Providing reasonable standards and procedures:
1975	1975	a. for the establishment and meetings of other
1976	1976	committees; and
1977	1977	b. governing any general or specific delegation of any
1978	1978	authority or function of the Commission;
1979	1979	3. Providing reasonable procedures for calling and conducting
1980	1980	meetings of the Commission, ensuring reasonable advance
1981	1981	notice of all meetings and providing an opportunity for
1982	1982	attendance of such meetings by interested parties, with
1983	1983	enumerated exceptions designed to protect the public's
1984	1984	interest, the privacy of individuals of such proceedings,
1985	1985	and proprietary information, including trade secrets. The
1986	1986	Commission may meet in closed session only after a
1987	1987	majority of the Commissioners vote to close a meeting to
1988	1988	the public in whole or in part. As soon as practicable, the
1989	1989	Commission must make public a copy of the vote to close the
1990	1990	meeting revealing the vote of each Commissioner with no
1991	1991	proxy votes allowed;
1992	1992	4. Establishing the titles, duties and authority and
1993	1993	reasonable procedures for the election of the officers of
1994	1994	the Commission;
1995	1995	5. Providing reasonable standards and procedures for the
1996	1996	establishment of the personnel policies and programs of
1997	1997	the Commission. Notwithstanding any civil service or other
1998	1998	similar law of any Compact State, the Bylaws shall
1999	1999	exclusively govern the personnel policies and programs of
2000	2000	the Commission;
2001	2001	6. Promulgating a Code of Ethics to address permissible and
2002	2002	prohibited activities of Commission members and
2003	2003	employees;
2004	2004	7. Providing a mechanism for concluding the operations of the
2005	2005	Commission and the equitable disposition of any surplus
2006	2006	funds that may exist after the termination of the Compact
2007	2007	after the payment and/or reserving of all of its debts and
2008	2008	obligations;
2009	2009	8. The Commission shall publish its Bylaws in a convenient
2010	2010	form and file a copy thereof and a copy of any amendment
2011	2011	thereto, with the appropriate agency or officer in each of
2012	2012	the Compact States;
2013	2013	9. The Commission shall maintain its financial records in
2014	2014	accordance with the Bylaws; and
2015	2015	10. The Commission shall meet and take such actions as are
2016	2016	consistent with the provisions of this Compact and the
2017	2017	Bylaws.
2018	2018	D. The Commission shall have the following powers:
2019	2019	1. The authority to promulgate uniform rules to facilitate
2020	2020	and coordinate implementation and administration of this
2021	2021	Compact. The rule shall have the force and effect of law
2022	2022	and shall be binding in all Compact States;
2023	2023	2. To bring and prosecute legal proceedings or actions in the
2024	2024	name of the Commission, provided that the standing of any
2025	2025	State Psychology Regulatory Authority or other regulatory
2026	2026	body responsible for psychology licensure to sue or be
2027	2027	sued under applicable law shall not be affected;
2028	2028	3. To purchase and maintain insurance and bonds;
2029	2029	4. To borrow, accept or contract for services of personnel,
2030	2030	including, but not limited to, employees of a Compact
2031	2031	State;
2032	2032	5. To hire employees, elect or appoint officers, fix
2033	2033	compensation, define duties, grant such individuals
2034	2034	appropriate authority to carry out the purposes of the
2035	2035	Compact, and to establish the Commission's personnel
2036	2036	policies and programs relating to conflicts of interest,
2037	2037	qualifications of personnel, and other related personnel
2038	2038	matters;
2039	2039	6. To accept any and all appropriate donations and grants of
2040	2040	money, equipment, supplies, materials and services, and to
2041	2041	receive, utilize and dispose of the same; provided that at
2042	2042	all times the Commission shall strive to avoid any
2043	2043	appearance of impropriety and/or conflict of interest;
2044	2044	7. To lease, purchase, accept appropriate gifts or donations
2045	2045	of, or otherwise to own, hold, improve or use, any
2046	2046	property, real, personal or mixed; provided that at all
2047	2047	times the Commission shall strive to avoid any appearance
2048	2048	of impropriety;
2049	2049	8. To sell, convey, mortgage, pledge, lease, exchange,
2050	2050	abandon or otherwise dispose of any property real,
2051	2051	personal or mixed;
2052	2052	9. To establish a budget and make expenditures;
2053	2053	10. To borrow money;
2054	2054	11. To appoint committees, including advisory committees
2055	2055	comprised of Members, State regulators, State legislators
2056	2056	or their representatives, and consumer representatives,
2057	2057	and such other interested persons as may be designated in
2058	2058	this Compact and the Bylaws;
2059	2059	12. To provide and receive information from, and to cooperate
2060	2060	with, law enforcement agencies;
2061	2061	13. To adopt and use an official seal; and
2062	2062	14. To perform such other functions as may be necessary or
2063	2063	appropriate to achieve the purposes of this Compact
2064	2064	consistent with the state regulation of psychology
2065	2065	licensure, temporary in-person, face-to-face practice and
2066	2066	telepsychology practice.
2067	2067	E. The Executive Board
2068	2068	The elected officers shall serve as the Executive Board, which
2069	2069	shall have the power to act on behalf of the Commission
2070	2070	according to the terms of this Compact.
2071	2071	1. The Executive Board shall be comprised of six members:
2072	2072	a. Five voting members who are elected from the current
2073	2073	membership of the Commission by the Commission;
2074	2074	b. One ex-officio, nonvoting member from the recognized
2075	2075	membership organization composed of State and
2076	2076	Provincial Psychology Regulatory Authorities.
2077	2077	2. The ex-officio member must have served as staff or member
2078	2078	on a State Psychology Regulatory Authority and will be
2079	2079	selected by its respective organization.
2080	2080	3. The Commission may remove any member of the Executive Board
2081	2081	as provided in Bylaws.
2082	2082	4. The Executive Board shall meet at least annually.
2083	2083	5. The Executive Board shall have the following duties and
2084	2084	responsibilities:
2085	2085	a. Recommend to the entire Commission changes to the
2086	2086	Rules or Bylaws, changes to this Compact legislation,
2087	2087	fees paid by Compact States such as annual dues, and
2088	2088	any other applicable fees;
2089	2089	b. Ensure Compact administration services are
2090	2090	appropriately provided, contractual or otherwise;
2091	2091	c. Prepare and recommend the budget;
2092	2092	d. Maintain financial records on behalf of the
2093	2093	Commission;
2094	2094	e. Monitor Compact compliance of member states and
2095	2095	provide compliance reports to the Commission;
2096	2096	f. Establish additional committees as necessary; and
2097	2097	g. Other duties as provided in Rules or Bylaws.
2098	2098	F. Financing of the Commission
2099	2099	1. The Commission shall pay, or provide for the payment of the
2100	2100	reasonable expenses of its establishment, organization
2101	2101	and ongoing activities.
2102	2102	2. The Commission may accept any and all appropriate revenue
2103	2103	sources, donations and grants of money, equipment,
2104	2104	supplies, materials and services.
2105	2105	3. The Commission may levy on and collect an annual assessment
2106	2106	from each Compact State or impose fees on other parties to
2107	2107	cover the cost of the operations and activities of the
2108	2108	Commission and its staff which must be in a total amount
2109	2109	sufficient to cover its annual budget as approved each
2110	2110	year for which revenue is not provided by other sources.
2111	2111	The aggregate annual assessment amount shall be allocated
2112	2112	based upon a formula to be determined by the Commission
2113	2113	which shall promulgate a rule binding upon all Compact
2114	2114	States.
2115	2115	4. The Commission shall not incur obligations of any kind
2116	2116	prior to securing the funds adequate to meet the same; nor
2117	2117	shall the Commission pledge the credit of any of the
2118	2118	Compact States, except by and with the authority of the
2119	2119	Compact State.
2120	2120	5. The Commission shall keep accurate accounts of all
2121	2121	receipts and disbursements. The receipts and
2122	2122	disbursements of the Commission shall be subject to the
2123	2123	audit and accounting procedures established under its
2124	2124	Bylaws. However, all receipts and disbursements of funds
2125	2125	handled by the Commission shall be audited yearly by a
2126	2126	certified or licensed public accountant and the report of
2127	2127	the audit shall be included in and become part of the
2128	2128	annual report of the Commission.
2129	2129	G. Qualified Immunity, Defense, and Indemnification
2130	2130	1. The members, officers, Executive Director, employees and
2131	2131	representatives of the Commission shall be immune from
2132	2132	suit and liability, either personally or in their official
2133	2133	capacity, for any claim for damage to or loss of property
2134	2134	or personal injury or other civil liability caused by or
2135	2135	arising out of any actual or alleged act, error or omission
2136	2136	that occurred, or that the person against whom the claim is
2137	2137	made had a reasonable basis for believing occurred within
2138	2138	the scope of Commission employment, duties or
2139	2139	responsibilities; provided that nothing in this paragraph
2140	2140	shall be construed to protect any such person from suit
2141	2141	and/or liability for any damage, loss, injury or liability
2142	2142	caused by the intentional or willful or wanton misconduct
2143	2143	of that person.
2144	2144	2. The Commission shall defend any member, officer, Executive
2145	2145	Director, employee or representative of the Commission in
2146	2146	any civil action seeking to impose liability arising out
2147	2147	of any actual or alleged act, error or omission that
2148	2148	occurred within the scope of Commission employment, duties
2149	2149	or responsibilities, or that the person against whom the
2150	2150	claim is made had a reasonable basis for believing
2151	2151	occurred within the scope of Commission employment, duties
2152	2152	or responsibilities; provided that nothing herein shall be
2153	2153	construed to prohibit that person from retaining his or
2154	2154	her own counsel; and provided further, that the actual or
2155	2155	alleged act, error or omission did not result from that
2156	2156	person's intentional or willful or wanton misconduct.
2157	2157	3. The Commission shall indemnify and hold harmless any
2158	2158	member, officer, Executive Director, employee or
2159	2159	representative of the Commission for the amount of any
2160	2160	settlement or judgment obtained against that person
2161	2161	arising out of any actual or alleged act, error or omission
2162	2162	that occurred within the scope of Commission employment,
2163	2163	duties or responsibilities, or that such person had a
2164	2164	reasonable basis for believing occurred within the scope
2165	2165	of Commission employment, duties or responsibilities,
2166	2166	provided that the actual or alleged act, error or omission
2167	2167	did not result from the intentional or willful or wanton
2168	2168	misconduct of that person.
2169	2169	ARTICLE XI. RULEMAKING
2170	2170	A. The Commission shall exercise its rulemaking powers pursuant to
2171	2171	the criteria set forth in this Article and the Rules adopted
2172	2172	thereunder. Rules and amendments shall become binding as of the
2173	2173	date specified in each rule or amendment.
2174	2174	B. If a majority of the legislatures of the Compact States rejects
2175	2175	a rule, by enactment of a statute or resolution in the same
2176	2176	manner used to adopt the Compact, then such rule shall have no
2177	2177	further force and effect in any Compact State.
2178	2178	C. Rules or amendments to the rules shall be adopted at a regular
2179	2179	or special meeting of the Commission.
2180	2180	D. Prior to promulgation and adoption of a final rule or Rules by
2181	2181	the Commission, and at least sixty (60) days in advance of the
2182	2182	meeting at which the rule will be considered and voted upon,
2183	2183	the Commission shall file a Notice of Proposed Rulemaking:
2184	2184	1. On the website of the Commission; and
2185	2185	2. On the website of each Compact States' Psychology
2186	2186	Regulatory Authority or the publication in which each
2187	2187	state would otherwise publish proposed rules.
2188	2188	E. The Notice of Proposed Rulemaking shall include:
2189	2189	1. The proposed time, date, and location of the meeting in
2190	2190	which the rule will be considered and voted upon;
2191	2191	2. The text of the proposed rule or amendment and the reason
2192	2192	for the proposed rule;
2193	2193	3. A request for comments on the proposed rule from any
2194	2194	interested person; and
2195	2195	4. The manner in which interested persons may submit notice to
2196	2196	the Commission of their intention to attend the public
2197	2197	hearing and any written comments.
2198	2198	F. Prior to adoption of a proposed rule, the Commission shall
2199	2199	allow persons to submit written data, facts, opinions and
2200	2200	arguments, which shall be made available to the public.
2201	2201	G. The Commission shall grant an opportunity for a public hearing
2202	2202	before it adopts a rule or amendment if a hearing is requested
2203	2203	by:
2204	2204	1. At least twenty-five (25) persons who submit comments
2205	2205	independently of each other;
2206	2206	2. A governmental subdivision or agency; or
2207	2207	3. A duly appointed person in an association that has having
2208	2208	at least twenty-five (25) members.
2209	2209	H. If a hearing is held on the proposed rule or amendment, the
2210	2210	Commission shall publish the place, time, and date of the
2211	2211	scheduled public hearing.
2212	2212	1. All persons wishing to be heard at the hearing shall notify
2213	2213	the Executive Director of the Commission or other
2214	2214	designated member in writing of their desire to appear and
2215	2215	testify at the hearing not less than five (5) business days
2216	2216	before the scheduled date of the hearing.
2217	2217	2. Hearings shall be conducted in a manner providing each
2218	2218	person who wishes to comment a fair and reasonable
2219	2219	opportunity to comment orally or in writing.
2220	2220	3. No transcript of the hearing is required, unless a written
2221	2221	request for a transcript is made, in which case the person
2222	2222	requesting the transcript shall bear the cost of producing
2223	2223	the transcript. A recording may be made in lieu of a
2224	2224	transcript under the same terms and conditions as a
2225	2225	transcript. This subsection shall not preclude the
2226	2226	Commission from making a transcript or recording of the
2227	2227	hearing if it so chooses.
2228	2228	4. Nothing in this section shall be construed as requiring a
2229	2229	separate hearing on each rule. Rules may be grouped for the
2230	2230	convenience of the Commission at hearings required by this
2231	2231	section.
2232	2232	I. Following the scheduled hearing date, or by the close of
2233	2233	business on the scheduled hearing date if the hearing was not
2234	2234	held, the Commission shall consider all written and oral
2235	2235	comments received.
2236	2236	J. The Commission shall, by majority vote of all members, take
2237	2237	final action on the proposed rule and shall determine the
2238	2238	effective date of the rule, if any, based on the rulemaking
2239	2239	record and the full text of the rule.
2240	2240	K. If no written notice of intent to attend the public hearing by
2241	2241	interested parties is received, the Commission may proceed
2242	2242	with promulgation of the proposed rule without a public
2243	2243	hearing.
2244	2244	L. Upon determination that an emergency exists, the Commission may
2245	2245	consider and adopt an emergency rule without prior notice,
2246	2246	opportunity for comment, or hearing, provided that the usual
2247	2247	rulemaking procedures provided in the Compact and in this
2248	2248	section shall be retroactively applied to the rule as soon as
2249	2249	reasonably possible, in no event later than ninety (90) days
2250	2250	after the effective date of the rule. For the purposes of this
2251	2251	provision, an emergency rule is one that must be adopted
2252	2252	immediately in order to:
2253	2253	1. Meet an imminent threat to public health, safety, or
2254	2254	welfare;
2255	2255	2. Prevent a loss of Commission or Compact State funds;
2256	2256	3. Meet a deadline for the promulgation of an administrative
2257	2257	rule that is established by federal law or rule; or
2258	2258	4. Protect public health and safety.
2259	2259	M. The Commission or an authorized committee of the Commission may
2260	2260	direct revisions to a previously adopted rule or amendment for
2261	2261	purposes of correcting typographical errors, errors in format,
2262	2262	errors in consistency, or grammatical errors. Public notice of
2263	2263	any revisions shall be posted on the website of the Commission.
2264	2264	The revision shall be subject to challenge by any person for a
2265	2265	period of thirty (30) days after posting. The revision may be
2266	2266	challenged only on grounds that the revision results in a
2267	2267	material change to a rule. A challenge shall be made in
2268	2268	writing, and delivered to the Chair of the Commission prior to
2269	2269	the end of the notice period. If no challenge is made, the
2270	2270	revision will take effect without further action. If the
2271	2271	revision is challenged, the revision may not take effect
2272	2272	without the approval of the Commission.
2273	2273	ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
2274	2274	A. Oversight
2275	2275	1. The Executive, Legislative and Judicial branches of state
2276	2276	government in each Compact State shall enforce this
2277	2277	Compact and take all actions necessary and appropriate to
2278	2278	effectuate the Compact's purposes and intent. The
2279	2279	provisions of this Compact and the rules promulgated
2280	2280	hereunder shall have standing as statutory law.
2281	2281	2. All courts shall take judicial notice of the Compact and
2282	2282	the rules in any judicial or administrative proceeding in
2283	2283	a Compact State pertaining to the subject matter of this
2284	2284	Compact which may affect the powers, responsibilities or
2285	2285	actions of the Commission.
2286	2286	3. The Commission shall be entitled to receive service of
2287	2287	process in any such proceeding, and shall have standing to
2288	2288	intervene in such a proceeding for all purposes. Failure
2289	2289	to provide service of process to the Commission shall
2290	2290	render a judgment or order void as to the Commission, this
2291	2291	Compact or promulgated rules.
2292	2292	B. Default, Technical Assistance, and Termination
2293	2293	1. If the Commission determines that a Compact State has
2294	2294	defaulted in the performance of its obligations or
2295	2295	responsibilities under this Compact or the promulgated
2296	2296	rules, the Commission shall:
2297	2297	a. Provide written notice to the defaulting state and
2298	2298	other Compact States of the nature of the default, the
2299	2299	proposed means of remedying the default and/or any
2300	2300	other action to be taken by the Commission; and
2301	2301	b. Provide remedial training and specific technical
2302	2302	assistance regarding the default.
2303	2303	2. If a state in default fails to remedy the default, the
2304	2304	defaulting state may be terminated from the Compact upon
2305	2305	an affirmative vote of a majority of the Compact States,
2306	2306	and all rights, privileges and benefits conferred by this
2307	2307	Compact shall be terminated on the effective date of
2308	2308	termination. A remedy of the default does not relieve the
2309	2309	offending state of obligations or liabilities incurred
2310	2310	during the period of default.
2311	2311	3. Termination of membership in the Compact shall be imposed
2312	2312	only after all other means of securing compliance have
2313	2313	been exhausted. Notice of intent to suspend or terminate
2314	2314	shall be submitted by the Commission to the Governor, the
2315	2315	majority and minority leaders of the defaulting state's
2316	2316	legislature, and each of the Compact States.
2317	2317	4. A Compact State which has been terminated is responsible
2318	2318	for all assessments, obligations and liabilities incurred
2319	2319	through the effective date of termination, including
2320	2320	obligations which extend beyond the effective date of
2321	2321	termination.
2322	2322	5. The Commission shall not bear any costs incurred by the
2323	2323	state which is found to be in default or which has been
2324	2324	terminated from the Compact, unless agreed upon in writing
2325	2325	between the Commission and the defaulting state.
2326	2326	6. The defaulting state may appeal the action of the
2327	2327	Commission by petitioning the U.S. District Court for the
2328	2328	state of Georgia or the federal district where the Compact
2329	2329	has its principal offices. The prevailing member shall be
2330	2330	awarded all costs of such litigation, including reasonable
2331	2331	attorney's fees.
2332	2332	C. Dispute Resolution
2333	2333	1. Upon request by a Compact State, the Commission shall
2334	2334	attempt to resolve disputes related to the Compact which
2335	2335	arise among Compact States and between Compact and
2336	2336	Non-Compact States.
2337	2337	2. The Commission shall promulgate a rule providing for both
2338	2338	mediation and binding dispute resolution for disputes that
2339	2339	arise before the commission.
2340	2340	D. Enforcement
2341	2341	1. The Commission, in the reasonable exercise of its
2342	2342	discretion, shall enforce the provisions and Rules of this
2343	2343	Compact.
2344	2344	2. By majority vote, the Commission may initiate legal action
2345	2345	in the United States District Court for the State of
2346	2346	Georgia or the federal district where the Compact has its
2347	2347	principal offices against a Compact State in default to
2348	2348	enforce compliance with the provisions of the Compact and
2349	2349	its promulgated Rules and Bylaws. The relief sought may
2350	2350	include both injunctive relief and damages. In the event
2351	2351	judicial enforcement is necessary, the prevailing member
2352	2352	shall be awarded all costs of such litigation, including
2353	2353	reasonable attorney's fees.
2354	2354	3. The remedies herein shall not be the exclusive remedies of
2355	2355	the Commission. The Commission may pursue any other
2356	2356	remedies available under federal or state law.
2357	2357	ARTICLE XIII. DATE OF IMPLEMENTATION OF THE PSYCHOLOGY
2358	2358	INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES,
2359	2359	WITHDRAWAL, AND AMENDMENTS
2360	2360	A. The Compact shall come into effect on the date on which the
2361	2361	Compact is enacted into law in the seventh Compact State. The
2362	2362	provisions which become effective at that time shall be limited
2363	2363	to the powers granted to the Commission relating to assembly
2364	2364	and the promulgation of rules. Thereafter, the Commission
2365	2365	shall meet and exercise rulemaking powers necessary to the
2366	2366	implementation and administration of the Compact.
2367	2367	B. Any state which joins the Compact subsequent to the
2368	2368	Commission's initial adoption of the rules shall be subject to
2369	2369	the rules as they exist on the date on which the Compact becomes
2370	2370	law in that state. Any rule which has been previously adopted
2371	2371	by the Commission shall have the full force and effect of law on
2372	2372	the day the Compact becomes law in that state.
2373	2373	C. Any Compact State may withdraw from this Compact by enacting a
2374	2374	statute repealing the same.
2375	2375	1. A Compact State's withdrawal shall not take effect until
2376	2376	six (6) months after enactment of the repealing statute.
2377	2377	2. Withdrawal shall not affect the continuing requirement of
2378	2378	the withdrawing State's Psychology Regulatory Authority
2379	2379	to comply with the investigative and adverse action
2380	2380	reporting requirements of this act prior to the effective
2381	2381	date of withdrawal.
2382	2382	D. Nothing contained in this Compact shall be construed to
2383	2383	invalidate or prevent any psychology licensure agreement or
2384	2384	other cooperative arrangement between a Compact State and a
2385	2385	Non-Compact State which does not conflict with the provisions
2386	2386	of this Compact.
2387	2387	E. This Compact may be amended by the Compact States. No amendment
2388	2388	to this Compact shall become effective and binding upon any
2389	2389	Compact State until it is enacted into the law of all Compact
2390	2390	States.
2391	2391	ARTICLE XIV. CONSTRUCTION AND SEVERABILITY
2392	2392	This Compact shall be liberally construed so as to effectuate the
2393	2393	purposes thereof. If this Compact shall be held contrary to the
2394	2394	constitution of any state member thereto, the Compact shall remain
2395	2395	in full force and effect as to the remaining Compact States.
2396	2396	Sec. 501.602. RULES ADOPTED UNDER COMPACT. The Psychology
2397	2397	Interjurisdictional Compact Commission established under the
2398	2398	Psychology Interjurisdictional Compact under Section 501.601 may
2399	2399	not adopt rules that alter the requirements or scope of practice of
2400	2400	a license issued under Chapter 501. Any rule adopted by the
2401	2401	Psychology Interjurisdictional Compact Commission that purports to
2402	2402	alter the requirements or scope of practice of a license issued
2403	2403	under Chapter 501 is not enforceable.
2404	2404	Sec. 501.603. DISCLOSURE OF PERSONAL INFORMATION. (a) In
2405	2405	reporting information to the Coordinated Licensure Information
2406	2406	System under Article IX of the Psychology Interjurisdictional
2407	2407	Compact, the executive council may disclose personally
2408	2408	identifiable information about a person who holds a license under
2409	2409	this chapter, including the person's social security number.
2410	2410	(b) The Coordinated Licensure Information System may not
2411	2411	share personally identifiable information with a state that is not
2412	2412	a party to the compact unless the state agrees to not disclose that
2413	2413	information to any other person.
2414	2414	SECTION 2.029. Sections 502.002(2) and (5), Occupations
2415	2415	Code, are amended to read as follows:
2416	2416	(2) "Executive council" ["Commissioner"] means the
2417	2417	Texas Behavioral Health Executive Council [commissioner of state
2418	2418	health services].
2419	2419	(5) "Licensed marriage and family therapist
2420	2420	associate" means an individual who offers to provide marriage and
2421	2421	family therapy for compensation under the supervision of a
2422	2422	[board-approved] supervisor approved by the executive council.
2423	2423	SECTION 2.030. The heading to Section 502.053, Occupations
2424	2424	Code, is amended to read as follows:
2425	2425	Sec. 502.053. MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
2426	2426	SECTION 2.031. Sections 502.053(b) and (c), Occupations
2427	2427	Code, are amended to read as follows:
2428	2428	(b) A person may not be a member of the board [and may not be
2429	2429	a department employee employed in a "bona fide executive,
2430	2430	administrative, or professional capacity," as that phrase is used
2431	2431	for purposes of establishing an exemption to the overtime
2432	2432	provisions of the federal Fair Labor Standards Act of 1938 (29
2433	2433	U.S.C. Section 201 et seq.)] if:
2434	2434	(1) the person is an officer, employee, or paid
2435	2435	consultant of a Texas trade association in the field of health
2436	2436	services; or
2437	2437	(2) the person's spouse is an officer, manager, or paid
2438	2438	consultant of a Texas trade association in the field of mental
2439	2439	health.
2440	2440	(c) A person may not be a member of the board [or act as
2441	2441	general counsel to the board or the department] if the person is
2442	2442	required to register as a lobbyist under Chapter 305, Government
2443	2443	Code, because of the person's activities for compensation on behalf
2444	2444	of a profession related to the operation of the board.
2445	2445	SECTION 2.032. Section 502.056(c), Occupations Code, is
2446	2446	amended to read as follows:
2447	2447	(c) If the executive director of the executive council has
2448	2448	knowledge that a potential ground for removal exists, the executive
2449	2449	director shall notify the presiding officer of the board of the
2450	2450	potential ground. The presiding officer shall then notify the
2451	2451	governor and the attorney general that a potential ground for
2452	2452	removal exists. If the potential ground for removal involves the
2453	2453	presiding officer, the executive director shall notify the next
2454	2454	highest ranking officer of the board, who shall then notify the
2455	2455	governor and attorney general that a potential ground for removal
2456	2456	exists.
2457	2457	SECTION 2.033. Section 502.059, Occupations Code, is
2458	2458	amended by amending Subsection (b) and adding Subsection (d) to
2459	2459	read as follows:
2460	2460	(b) The training program must provide the person with
2461	2461	information regarding:
2462	2462	(1) the law governing board operations [this chapter];
2463	2463	(2) the programs, [operated by the board;
2464	2464	[(3) the role and] functions, [of the board;
2465	2465	[(4) the] rules, and [of the board, with an emphasis on
2466	2466	the rules that relate to disciplinary and investigatory authority;
2467	2467	[(5) the current] budget of [for] the board;
2468	2468	(3) the scope of and limitations on the rulemaking
2469	2469	authority of the board;
2470	2470	(4) [(6)] the results of the most recent formal audit
2471	2471	of the board;
2472	2472	(5) [(7)] the requirements of:
2473	2473	(A) laws relating to open meetings, public
2474	2474	information, administrative procedure, and disclosing conflicts
2475	2475	[conflict] of interest; and
2476	2476	(B) other laws applicable to members of the board
2477	2477	in performing their duties; and
2478	2478	(6) [(8)] any applicable ethics policies adopted by
2479	2479	the board or the Texas Ethics Commission.
2480	2480	(d) The executive director of the executive council shall
2481	2481	create a training manual that includes the information required by
2482	2482	Subsection (b). The executive director shall distribute a copy of
2483	2483	the training manual annually to each board member. On receipt of
2484	2484	the training manual, each board member shall sign and submit to the
2485	2485	executive director a statement acknowledging receipt of the
2486	2486	training manual.
2487	2487	SECTION 2.034. The heading to Subchapter D, Chapter 502,
2488	2488	Occupations Code, is amended to read as follows:
2489	2489	SUBCHAPTER D. [BOARD] POWERS AND DUTIES
2490	2490	SECTION 2.035. Section 502.151, Occupations Code, is
2491	2491	amended to read as follows:
2492	2492	Sec. 502.151. GENERAL POWERS AND DUTIES OF EXECUTIVE
2493	2493	COUNCIL [BOARD]. The executive council [board] shall:
2494	2494	(1) determine the qualifications and fitness of a
2495	2495	license applicant under this chapter; and
2496	2496	(2) adopt a code of professional ethics for license
2497	2497	holders.
2498	2498	SECTION 2.036. Subchapter D, Chapter 502, Occupations Code,
2499	2499	is amended by adding Section 502.1515 to read as follows:
2500	2500	Sec. 502.1515. BOARD DUTIES. The board shall propose to the
2501	2501	executive council:
2502	2502	(1) rules regarding:
2503	2503	(A) the qualifications necessary to obtain a
2504	2504	license, including rules limiting an applicant's eligibility for a
2505	2505	license based on the applicant's criminal history;
2506	2506	(B) the scope of practice of and standards of
2507	2507	care and ethical practice for marriage and family therapy; and
2508	2508	(C) continuing education requirements for
2509	2509	license holders; and
2510	2510	(2) a schedule of sanctions for violations of this
2511	2511	chapter or rules adopted under this chapter.
2512	2512	SECTION 2.037. Section 502.155, Occupations Code, is
2513	2513	amended to read as follows:
2514	2514	Sec. 502.155. POWERS AND DUTIES REGARDING EXAMINATION. The
2515	2515	executive council [board] shall:
2516	2516	(1) determine the times and places for licensing
2517	2517	examinations;
2518	2518	(2) offer examinations at least semiannually; and
2519	2519	(3) give reasonable public notice of the examinations
2520	2520	in the manner provided by executive council [board] rules.
2521	2521	SECTION 2.038. Section 502.159, Occupations Code, is
2522	2522	amended to read as follows:
2523	2523	Sec. 502.159. EX PARTE COMMUNICATION PROHIBITED. A [board]
2524	2524	member of the executive council or an [department] employee of the
2525	2525	executive council who [performs functions for the board and who] is
2526	2526	assigned to make a decision, a finding of fact, or a conclusion of
2527	2527	law in a proceeding pending before the executive council [board]
2528	2528	may not directly or indirectly communicate with a party to the
2529	2529	proceeding or the party's representative unless notice and an
2530	2530	opportunity to participate are given to each party to the
2531	2531	proceeding.
2532	2532	SECTION 2.039. Section 502.252, Occupations Code, is
2533	2533	amended to read as follows:
2534	2534	Sec. 502.252. LICENSE APPLICATION. (a) An applicant for a
2535	2535	license must:
2536	2536	(1) file a written application with the executive
2537	2537	council [board] on a form prescribed by the executive council
2538	2538	[board]; and
2539	2539	(2) pay the appropriate application fee.
2540	2540	(b) To qualify for a license as a licensed marriage and
2541	2541	family therapist associate, a person must:
2542	2542	(1) be at least 18 years of age;
2543	2543	(2) have completed a graduate internship in marriage
2544	2544	and family therapy, or an equivalent internship, as approved by the
2545	2545	executive council [board];
2546	2546	(3) pass the license examination and jurisprudence
2547	2547	examination required under this chapter [determined by the board];
2548	2548	(4) hold a master's or doctoral degree in marriage and
2549	2549	family therapy or in a related mental health field with coursework
2550	2550	and training determined by the executive council [board] to be
2551	2551	substantially equivalent to a graduate degree in marriage and
2552	2552	family therapy from a regionally accredited institution of higher
2553	2553	education or an institution of higher education approved by the
2554	2554	executive council [board];
2555	2555	(5) [be of good moral character;
2556	2556	[(6)] have not been convicted of a felony or a crime
2557	2557	involving moral turpitude;
2558	2558	(6) [(7)] not use drugs or alcohol to an extent that
2559	2559	affects the applicant's professional competency;
2560	2560	(7) [(8)] not have had a license or certification
2561	2561	revoked by a licensing agency or by a certifying professional
2562	2562	organization; and
2563	2563	(8) [(9)] not have engaged in fraud or deceit in
2564	2564	applying for a license under this chapter.
2565	2565	(c) An applicant is eligible to apply for a license as a
2566	2566	licensed marriage and family therapist if the person:
2567	2567	(1) meets the requirements of Subsection (b);
2568	2568	(2) after receipt of a degree described by Subsection
2569	2569	(b)(4), has completed two years of work experience in marriage and
2570	2570	family therapist services that includes at least 3,000 hours of
2571	2571	clinical practice consisting of [which:
2572	2572	[(A)] at least 1,500 hours [consist] of direct
2573	2573	clinical services, including a minimum number of [; and
2574	2574	[(B) at least 750] hours providing [consist of]
2575	2575	direct clinical services to couples or families as required by
2576	2576	executive council rule; and
2577	2577	(3) has completed, in a manner acceptable to the
2578	2578	executive council [board], at least 200 hours of supervised
2579	2579	provision of direct clinical services by the applicant, 100 hours
2580	2580	of which must be supervised on an individual basis.
2581	2581	SECTION 2.040. Sections 502.253(a), (b), and (c),
2582	2582	Occupations Code, are amended to read as follows:
2583	2583	(a) The executive council [board] shall investigate each
2584	2584	application and any other information submitted by the applicant.
2585	2585	(b) Not later than the 90th day after the date the executive
2586	2586	council [board] receives the completed application from a person
2587	2587	seeking a license as a licensed marriage and family therapist
2588	2588	associate, the executive council [board] shall notify the applicant
2589	2589	whether the application has been accepted or rejected.
2590	2590	(c) An applicant for a license as a licensed marriage and
2591	2591	family therapist associate is eligible to take the examination if
2592	2592	the applicant:
2593	2593	(1) is enrolled in a graduate internship described by
2594	2594	Section 502.252(b)(2) and provides proof to the executive council
2595	2595	[board] that the applicant is a student in good standing in an
2596	2596	educational program described by Section 502.252(b)(4); or
2597	2597	(2) has completed the internship described by
2598	2598	Subdivision (1).
2599	2599	SECTION 2.041. Sections 502.254(b) and (d), Occupations
2600	2600	Code, are amended to read as follows:
2601	2601	(b) An applicant for a license as a licensed marriage and
2602	2602	family therapist associate under Section 502.252(b) must:
2603	2603	(1) file an application on a form prescribed by the
2604	2604	executive council [board] not later than the 90th day before the
2605	2605	date of the examination; and
2606	2606	(2) pay the examination fee [set by the executive
2607	2607	commissioner of the Health and Human Services Commission by rule].
2608	2608	(d) The executive council [board] shall have any written
2609	2609	portion of an examination validated by an independent testing
2610	2610	professional.
2611	2611	SECTION 2.042. Section 502.2541, Occupations Code, is
2612	2612	amended to read as follows:
2613	2613	Sec. 502.2541. JURISPRUDENCE EXAMINATION. (a) The
2614	2614	executive council [board] shall develop and administer at least
2615	2615	twice each calendar year a jurisprudence examination to determine
2616	2616	an applicant's knowledge of this chapter, [board] rules adopted
2617	2617	under this chapter, and any other applicable laws of this state
2618	2618	affecting the applicant's practice of marriage and family therapy.
2619	2619	(b) The executive council [board] shall adopt rules to
2620	2620	implement this section, including rules related to the development
2621	2621	and administration of the examination, examination fees,
2622	2622	guidelines for reexamination, grading the examination, and
2623	2623	providing notice of examination results.
2624	2624	SECTION 2.043. Section 502.2545, Occupations Code, is
2625	2625	amended to read as follows:
2626	2626	Sec. 502.2545. WAIVER OF EXAMINATION FOR CERTAIN
2627	2627	APPLICANTS. (a) The executive council [board] may waive the
2628	2628	requirement that an applicant for a license as a licensed marriage
2629	2629	and family therapist pass the examination required by Section
2630	2630	502.254 if the applicant:
2631	2631	(1) is a provisional license holder under Section
2632	2632	502.259 and the executive council [board] determines that the
2633	2633	applicant possesses sufficient education and professional
2634	2634	experience to receive a license without further examination; or
2635	2635	(2) holds a license issued by another licensing agency
2636	2636	in a profession related to the practice of marriage and family
2637	2637	therapy and the executive council [board] determines that the
2638	2638	applicant possesses sufficient education and professional
2639	2639	experience to receive a license without satisfying the examination
2640	2640	requirements of this chapter.
2641	2641	(b) The executive council [board] may adopt rules necessary
2642	2642	to administer this section, including rules under Subsection (a)(2)
2643	2643	prescribing the professions that are related to the practice of
2644	2644	marriage and family therapy.
2645	2645	SECTION 2.044. Section 502.257, Occupations Code, is
2646	2646	amended to read as follows:
2647	2647	Sec. 502.257. ISSUANCE OF LICENSE. The executive council
2648	2648	[board] shall issue a license as a licensed marriage and family
2649	2649	therapist associate or licensed marriage and family therapist, as
2650	2650	appropriate, to an applicant who:
2651	2651	(1) complies with the requirements of this chapter;
2652	2652	(2) passes the licensing examination, unless the
2653	2653	executive council [board] exempts the person from the examination
2654	2654	requirement; and
2655	2655	(3) pays the required fees.
2656	2656	SECTION 2.045. Section 502.258(a), Occupations Code, is
2657	2657	amended to read as follows:
2658	2658	(a) The executive council [board] by rule may provide for
2659	2659	the issuance of a temporary license.
2660	2660	SECTION 2.046. Section 502.259, Occupations Code, is
2661	2661	amended to read as follows:
2662	2662	Sec. 502.259. PROVISIONAL LICENSE. (a) The executive
2663	2663	council [board] may grant a provisional license to practice as a
2664	2664	marriage and family therapist in this state without examination to
2665	2665	an applicant who is licensed or otherwise registered as a marriage
2666	2666	and family therapist by another state or jurisdiction if the
2667	2667	requirements to be licensed or registered in the other state or
2668	2668	jurisdiction were, on the date the person was licensed or
2669	2669	registered, substantially equal to the requirements of this
2670	2670	chapter.
2671	2671	(b) An applicant for a provisional license must:
2672	2672	(1) be licensed in good standing as a marriage and
2673	2673	family therapist in another state or jurisdiction that has
2674	2674	licensing requirements that are substantially equal to the
2675	2675	requirements of this chapter;
2676	2676	(2) have passed a national or other examination that:
2677	2677	(A) is recognized by the executive council
2678	2678	[board]; and
2679	2679	(B) relates to marriage and family therapy; and
2680	2680	(3) be sponsored by a person licensed by the executive
2681	2681	council [board] with whom the provisional license holder may
2682	2682	practice under this section.
2683	2683	(c) An applicant may be excused from the requirement of
2684	2684	Subsection (b)(3) if the executive council [board] determines that
2685	2685	compliance with that subsection constitutes a hardship to the
2686	2686	applicant.
2687	2687	(d) A provisional license is valid until the date the
2688	2688	executive council [board] approves or denies the provisional
2689	2689	license holder's application for a license under Section 502.257.
2690	2690	The executive council [board] shall complete processing of a
2691	2691	provisional license holder's application for a license not later
2692	2692	than the 180th day after the date the provisional license is issued.
2693	2693	The executive council [board] may extend this period to allow for
2694	2694	the receipt and tabulation of pending examination results.
2695	2695	(e) The executive council [board] shall issue a license
2696	2696	under Section 502.257 to a provisional license holder if:
2697	2697	(1) the provisional license holder passes the
2698	2698	examination required by Section 502.254;
2699	2699	(2) the executive council [board] verifies that the
2700	2700	provisional license holder satisfies the academic and experience
2701	2701	requirements of this chapter; and
2702	2702	(3) the provisional license holder satisfies any other
2703	2703	license requirements under this chapter.
2704	2704	SECTION 2.047. Sections 502.260(a), (b), and (d),
2705	2705	Occupations Code, are amended to read as follows:
2706	2706	(a) The executive council [board] may place a license
2707	2707	holder's license under this chapter on inactive status if the
2708	2708	holder is not actively engaged in the practice of marriage and
2709	2709	family therapy and the holder submits a written request to the
2710	2710	executive council [board] before the expiration of the holder's
2711	2711	license.
2712	2712	(b) The executive council [board] shall maintain a list of
2713	2713	each license holder whose license is on inactive status.
2714	2714	(d) The executive council [board] shall remove the license
2715	2715	holder's license from inactive status if the person:
2716	2716	(1) notifies the executive council [board] in writing
2717	2717	that the person intends to return to active practice;
2718	2718	(2) pays an administrative fee; and
2719	2719	(3) complies with educational or other requirements
2720	2720	the executive council [board] adopts by rule.
2721	2721	SECTION 2.048. Section 502.261(b), Occupations Code, is
2722	2722	amended to read as follows:
2723	2723	(b) Each license holder shall notify the executive council
2724	2724	[board] of the license holder's current address.
2725	2725	SECTION 2.049. Section 502.301(a), Occupations Code, is
2726	2726	amended to read as follows:
2727	2727	(a) A license issued under this chapter is subject to
2728	2728	biennial renewal. The executive council [board] shall adopt a
2729	2729	system under which licenses expire on various dates during the
2730	2730	year.
2731	2731	SECTION 2.050. The heading to Subchapter H, Chapter 502,
2732	2732	Occupations Code, is amended to read as follows:
2733	2733	SUBCHAPTER H. DISCIPLINARY ACTIONS [AND PROCEDURES]
2734	2734	SECTION 2.051. Section 502.351, Occupations Code, is
2735	2735	amended to read as follows:
2736	2736	Sec. 502.351. GROUNDS FOR DISCIPLINARY ACTIONS. The
2737	2737	executive council [board] shall take disciplinary action under
2738	2738	Subchapter G, Chapter 507, against [reprimand] a license holder
2739	2739	who[, place on probation a person whose license has been suspended,
2740	2740	refuse to renew a person's license, or suspend or revoke a holder's
2741	2741	license if the person]:
2742	2742	(1) is convicted of a misdemeanor involving moral
2743	2743	turpitude or a felony;
2744	2744	(2) obtains or attempts to obtain a license by fraud or
2745	2745	deception;
2746	2746	(3) uses drugs or alcohol to an extent that affects the
2747	2747	license holder's professional competence;
2748	2748	(4) performs professional duties in a grossly
2749	2749	negligent manner;
2750	2750	(5) is adjudicated as mentally incompetent by a court;
2751	2751	(6) practices in a manner that is detrimental to the
2752	2752	public health or welfare;
2753	2753	(7) advertises in a manner that tends to deceive or
2754	2754	defraud the public;
2755	2755	(8) has a license or certification revoked by a
2756	2756	licensing agency or a certifying professional organization;
2757	2757	(9) violates this chapter or a rule or code of ethics
2758	2758	adopted under this chapter; or
2759	2759	(10) commits an act for which liability exists under
2760	2760	Chapter 81, Civil Practice and Remedies Code.
2761	2761	SECTION 2.052. Section 502.357, Occupations Code, is
2762	2762	amended to read as follows:
2763	2763	Sec. 502.357. GROUNDS FOR REFUSING RENEWAL. The executive
2764	2764	council [board] may refuse to renew the license of a person who
2765	2765	fails to pay an administrative penalty imposed under Subchapter H,
2766	2766	Chapter 507, [I] unless enforcement of the penalty is stayed or a
2767	2767	court has ordered that the administrative penalty is not owed.
2768	2768	SECTION 2.053. Section 502.358, Occupations Code, is
2769	2769	amended to read as follows:
2770	2770	Sec. 502.358. REFUND. (a) Subject to Subsection (b), the
2771	2771	executive council [board] may order a license holder to pay a refund
2772	2772	to a consumer as provided in an agreement resulting from an informal
2773	2773	settlement conference instead of or in addition to imposing an
2774	2774	administrative penalty under Subchapter H, Chapter 507 [this
2775	2775	chapter].
2776	2776	(b) The amount of a refund ordered as provided in an
2777	2777	agreement resulting from an informal settlement conference may not
2778	2778	exceed the amount the consumer paid to the license holder for a
2779	2779	service regulated by this chapter. The executive council [board]
2780	2780	may not require payment of other damages or estimate harm in a
2781	2781	refund order.
2782	2782	SECTION 2.054. The heading to Subchapter J, Chapter 502,
2783	2783	Occupations Code, is amended to read as follows:
2784	2784	SUBCHAPTER J. CRIMINAL PENALTY [OTHER PENALTIES AND ENFORCEMENT
2785	2785	PROVISIONS]
2786	2786	SECTION 2.055. Section 503.002(2), Occupations Code, is
2787	2787	amended to read as follows:
2788	2788	(2) "Executive council" ["Department"] means the
2789	2789	Texas Behavioral Health Executive Council [Department of State
2790	2790	Health Services].
2791	2791	SECTION 2.056. The heading to Section 503.104, Occupations
2792	2792	Code, is amended to read as follows:
2793	2793	Sec. 503.104. MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
2794	2794	SECTION 2.057. Sections 503.104(b) and (c), Occupations
2795	2795	Code, are amended to read as follows:
2796	2796	(b) A person may not be a member of the board [and may not be
2797	2797	a department employee employed in a "bona fide executive,
2798	2798	administrative, or professional capacity," as that phrase is used
2799	2799	for purposes of establishing an exemption to the overtime
2800	2800	provisions of the federal Fair Labor Standards Act of 1938 (29
2801	2801	U.S.C. Section 201 et seq.)] if:
2802	2802	(1) the person is an officer, employee, manager, or
2803	2803	paid consultant of a Texas trade association in the field of health
2804	2804	care; or
2805	2805	(2) the person's spouse is an officer, manager, or paid
2806	2806	consultant of a Texas trade association in the field of mental
2807	2807	health.
2808	2808	(c) A person may not be a member of the board [or act as the
2809	2809	general counsel to the board or the department] if the person is
2810	2810	required to register as a lobbyist under Chapter 305, Government
2811	2811	Code, because of the person's activities for compensation on behalf
2812	2812	of a profession related to the operation of the board.
2813	2813	SECTION 2.058. Section 503.107(c), Occupations Code, is
2814	2814	amended to read as follows:
2815	2815	(c) If the executive director of the executive council has
2816	2816	knowledge that a potential ground for removal exists, the executive
2817	2817	director shall notify the presiding officer of the board of the
2818	2818	potential ground. The presiding officer shall then notify the
2819	2819	governor and the attorney general that a potential ground for
2820	2820	removal exists. If the potential ground for removal involves the
2821	2821	presiding officer, the executive director shall notify the next
2822	2822	highest ranking officer of the board, who shall then notify the
2823	2823	governor and attorney general that a potential ground for removal
2824	2824	exists.
2825	2825	SECTION 2.059. Section 503.110, Occupations Code, is
2826	2826	amended by amending Subsection (b) and adding Subsection (d) to
2827	2827	read as follows:
2828	2828	(b) The training program must provide the person with
2829	2829	information regarding:
2830	2830	(1) the law governing board operations;
2831	2831	(2) [this chapter and] the [board's] programs,
2832	2832	functions, rules, and budget of the board;
2833	2833	(3) the scope of and limitations on the rulemaking
2834	2834	authority of the board;
2835	2835	(4) [(2)] the results of the most recent formal audit
2836	2836	of the board;
2837	2837	(5) [(3)] the requirements of:
2838	2838	(A) laws relating to open meetings, public
2839	2839	information, administrative procedure, and disclosing
2840	2840	conflicts-of-interest; and
2841	2841	(B) other laws applicable to members of the board
2842	2842	in performing their duties; and
2843	2843	(6) [(4)] any applicable ethics policies adopted by
2844	2844	the board or the Texas Ethics Commission.
2845	2845	(d) The executive director of the executive council shall
2846	2846	create a training manual that includes the information required by
2847	2847	Subsection (b). The executive director shall distribute a copy of
2848	2848	the training manual annually to each board member. On receipt of
2849	2849	the training manual, each board member shall sign and submit to the
2850	2850	executive director a statement acknowledging receipt of the
2851	2851	training manual.
2852	2852	SECTION 2.060. The heading to Subchapter E, Chapter 503,
2853	2853	Occupations Code, is amended to read as follows:
2854	2854	SUBCHAPTER E. [BOARD] POWERS AND DUTIES
2855	2855	SECTION 2.061. Section 503.201, Occupations Code, is
2856	2856	amended to read as follows:
2857	2857	Sec. 503.201. GENERAL POWERS AND DUTIES OF EXECUTIVE
2858	2858	COUNCIL. (a) The executive council [board] shall:
2859	2859	(1) determine the qualifications and fitness of an
2860	2860	applicant for a license, license renewal, or provisional license;
2861	2861	(2) examine for, deny, approve, issue, revoke,
2862	2862	suspend, suspend on an emergency basis, place on probation, and
2863	2863	renew the license of an applicant or license holder under this
2864	2864	chapter;
2865	2865	(3) adopt and publish a code of ethics; and
2866	2866	(4) by rule adopt a list of authorized counseling
2867	2867	methods or practices that a license holder may undertake or
2868	2868	perform[; and
2869	2869	[(5) adopt an official seal].
2870	2870	(b) The executive council [board] may request and shall
2871	2871	receive the assistance of a state educational institution or other
2872	2872	state agency.
2873	2873	SECTION 2.062. Subchapter E, Chapter 503, Occupations Code,
2874	2874	is amended by adding Section 503.2015 to read as follows:
2875	2875	Sec. 503.2015. BOARD DUTIES. The board shall propose to the
2876	2876	executive council:
2877	2877	(1) rules regarding:
2878	2878	(A) the qualifications necessary to obtain a
2879	2879	license, including rules limiting an applicant's eligibility for a
2880	2880	license based on the applicant's criminal history;
2881	2881	(B) the scope of practice of and standards of
2882	2882	care and ethical practice for professional counseling; and
2883	2883	(C) continuing education requirements for
2884	2884	license holders; and
2885	2885	(2) a schedule of sanctions for violations of this
2886	2886	chapter or rules adopted under this chapter.
2887	2887	SECTION 2.063. Section 503.302, Occupations Code, is
2888	2888	amended to read as follows:
2889	2889	Sec. 503.302. QUALIFICATIONS FOR LICENSE. (a) A person
2890	2890	qualifies for a license under this chapter if the person:
2891	2891	(1) is at least 18 years old;
2892	2892	(2) has a master's or doctoral degree in counseling or
2893	2893	a related field;
2894	2894	(3) has successfully completed a graduate degree at a
2895	2895	regionally accredited institution of higher education and the
2896	2896	number of graduate semester hours required by executive council
2897	2897	[board] rule, which may not be less than 48 hours and must include
2898	2898	300 clock hours of supervised practicum that:
2899	2899	(A) is primarily counseling in nature; and
2900	2900	(B) meets the specific academic course content
2901	2901	and training standards established by the executive council
2902	2902	[board];
2903	2903	(4) has completed the number of supervised experience
2904	2904	hours required by executive council [board] rule, which may not be
2905	2905	less than 3,000 hours working in a counseling setting that meets the
2906	2906	requirements established by the executive council [board] after the
2907	2907	completion of the graduate program described by Subdivision (3);
2908	2908	(5) [except as provided by Subsection (b),] passes the
2909	2909	license examination and jurisprudence examination required by this
2910	2910	chapter;
2911	2911	(6) submits an application as required by the
2912	2912	executive council [board], accompanied by the required application
2913	2913	fee; and
2914	2914	(7) meets any other requirement prescribed by the
2915	2915	executive council [board].
2916	2916	(b) [(d)] In establishing the standards described by
2917	2917	Subsection (a)(3)(B), the executive council [board] shall review
2918	2918	and consider the standards as developed by the appropriate
2919	2919	professional association.
2920	2920	(c) [(e)] The executive council [board] may require the
2921	2921	statements on a license application to be made under oath.
2922	2922	SECTION 2.064. Section 503.303(b), Occupations Code, is
2923	2923	amended to read as follows:
2924	2924	(b) The executive council [board] shall accept an
2925	2925	individual course from an art therapy program accredited through
2926	2926	the American Art Therapy Association as satisfying the education
2927	2927	requirements under Section 503.302(a)(3) if at least 75 percent of
2928	2928	the course content is substantially equivalent to the content of a
2929	2929	course required by executive council [board] rule.
2930	2930	SECTION 2.065. Section 503.304, Occupations Code, is
2931	2931	amended to read as follows:
2932	2932	Sec. 503.304. REVIEW OF APPLICATION. (a) Not later than
2933	2933	the 30th day before the examination date, after investigation of a
2934	2934	license application and review of other evidence submitted, the
2935	2935	executive council [board] shall notify the applicant that the
2936	2936	application and evidence submitted are:
2937	2937	(1) satisfactory and accepted; or
2938	2938	(2) unsatisfactory and rejected.
2939	2939	(b) If the executive council [board] rejects an
2940	2940	application, the executive council [board] shall state in the
2941	2941	notice the reasons for the rejection.
2942	2942	SECTION 2.066. Section 503.305, Occupations Code, is
2943	2943	amended to read as follows:
2944	2944	Sec. 503.305. LICENSE EXAMINATION. (a) The executive
2945	2945	council [board] shall administer examinations to determine the
2946	2946	competence of qualified applicants at least twice each calendar
2947	2947	year.
2948	2948	(b) The executive council [board] shall contract with a
2949	2949	nationally recognized testing organization to develop and
2950	2950	administer a written professional counselor licensing examination
2951	2951	to applicants who apply for a license under this chapter.
2952	2952	SECTION 2.067. Section 503.3055, Occupations Code, is
2953	2953	amended to read as follows:
2954	2954	Sec. 503.3055. JURISPRUDENCE EXAMINATION. (a) The
2955	2955	executive council [board] shall develop and administer at least
2956	2956	twice each calendar year a jurisprudence examination to determine
2957	2957	an applicant's knowledge of this chapter, executive council [board]
2958	2958	rules, and any other applicable laws of this state affecting the
2959	2959	applicant's professional counseling practice.
2960	2960	(b) The executive council [board] shall adopt rules to
2961	2961	implement this section, including rules related to the development
2962	2962	and administration of the examination, examination fees,
2963	2963	guidelines for reexamination, grading the examination, and
2964	2964	providing notice of examination results.
2965	2965	SECTION 2.068. Section 503.308, Occupations Code, is
2966	2966	amended to read as follows:
2967	2967	Sec. 503.308. TEMPORARY LICENSE. (a) The executive
2968	2968	council [board] by rule may provide for the issuance of a temporary
2969	2969	license. Rules adopted under this subsection must provide a time
2970	2970	limit for the period a temporary license is valid.
2971	2971	(b) The executive council [board] by rule may adopt a system
2972	2972	under which a temporary license may be issued to a person who:
2973	2973	(1) meets all of the academic requirements for
2974	2974	licensing; and
2975	2975	(2) enters into a supervisory agreement with a
2976	2976	supervisor approved by the executive council [board].
2977	2977	SECTION 2.069. Sections 503.310(a), (c), and (d),
2978	2978	Occupations Code, are amended to read as follows:
2979	2979	(a) On application and payment of applicable fees, the
2980	2980	executive council [board] may issue a provisional license to a
2981	2981	person who holds a license as a counselor or art therapist issued by
2982	2982	another state or by a jurisdiction acceptable to the executive
2983	2983	council [board].
2984	2984	(c) An applicant is not required to comply with Subsection
2985	2985	(b)(3) if the executive council [board] determines that compliance
2986	2986	with that subsection is a hardship to the applicant.
2987	2987	(d) A provisional license is valid until the date the
2988	2988	executive council [board] approves or denies the provisional
2989	2989	license holder's application for a license under Section 503.311.
2990	2990	SECTION 2.070. Section 503.311, Occupations Code, is
2991	2991	amended to read as follows:
2992	2992	Sec. 503.311. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE
2993	2993	HOLDER. (a) The executive council [board] shall issue a license to
2994	2994	the holder of a provisional license who applies for a license if:
2995	2995	(1) the executive council [board] verifies that the
2996	2996	applicant has the academic and experience requirements for a
2997	2997	regular license under this chapter; and
2998	2998	(2) the applicant satisfies any other license
2999	2999	requirements under this chapter.
3000	3000	(b) The executive council [board] must complete the
3001	3001	processing of a provisional license holder's application for a
3002	3002	license not later than the later of:
3003	3003	(1) the 180th day after the date the provisional
3004	3004	license is issued; or
3005	3005	(2) the date licenses are issued following completion
3006	3006	of the next licensing and jurisprudence examinations
3007	3007	[examination].
3008	3008	SECTION 2.071. Sections 503.312(a) and (c), Occupations
3009	3009	Code, are amended to read as follows:
3010	3010	(a) On request of a person licensed under this chapter, the
3011	3011	executive council [board] shall place the person's license on
3012	3012	inactive status.
3013	3013	(c) A person whose license is inactive may apply to
3014	3014	reactivate the license. The executive council [board] shall
3015	3015	reactivate the license if the applicant:
3016	3016	(1) pays a license fee;
3017	3017	(2) is not in violation of this chapter when the
3018	3018	applicant applies to reactivate the license; and
3019	3019	(3) fulfills the requirements provided by executive
3020	3020	council [board] rule for the holder of an inactive license.
3021	3021	SECTION 2.072. Section 503.313, Occupations Code, is
3022	3022	amended to read as follows:
3023	3023	Sec. 503.313. RETIREMENT STATUS. The executive council
3024	3024	[board] by rule may adopt a system for placing a person licensed
3025	3025	under this chapter on retirement status.
3026	3026	SECTION 2.073. Section 503.314(b), Occupations Code, is
3027	3027	amended to read as follows:
3028	3028	(b) A license certificate issued by the executive council
3029	3029	[board] is the property of the executive council [board] and must be
3030	3030	surrendered on demand.
3031	3031	SECTION 2.074. Section 503.351, Occupations Code, is
3032	3032	amended to read as follows:
3033	3033	Sec. 503.351. RENEWAL; ELIGIBILITY. A person licensed
3034	3034	under this chapter may renew the license biennially if the person:
3035	3035	(1) is not in violation of this chapter when the person
3036	3036	applies for renewal; and
3037	3037	(2) fulfills the continuing education requirements
3038	3038	established by the executive council [board].
3039	3039	SECTION 2.075. Section 503.352, Occupations Code, is
3040	3040	amended to read as follows:
3041	3041	Sec. 503.352. LICENSE EXPIRATION DATE. The executive
3042	3042	council [board] shall adopt a system under which licenses expire on
3043	3043	various dates during the year. On renewal of the license on the
3044	3044	expiration date, the total license renewal fee is payable.
3045	3045	SECTION 2.076. Section 503.353, Occupations Code, is
3046	3046	amended to read as follows:
3047	3047	Sec. 503.353. NOTICE OF LICENSE EXPIRATION. Not later than
3048	3048	the 30th day before the expiration date of a person's license, the
3049	3049	executive council [board] shall send written notice of the
3050	3050	impending license expiration to the person at the person's last
3051	3051	known address according to the executive council's [board's]
3052	3052	records.
3053	3053	SECTION 2.077. The heading to Subchapter I, Chapter 503,
3054	3054	Occupations Code, is amended to read as follows:
3055	3055	SUBCHAPTER I. DISCIPLINARY ACTIONS [PROCEDURES]
3056	3056	SECTION 2.078. Section 503.401(a), Occupations Code, is
3057	3057	amended to read as follows:
3058	3058	(a) A person licensed under this chapter is subject to
3059	3059	disciplinary action under Subchapter G, Chapter 507, [this section]
3060	3060	if the person:
3061	3061	(1) violates this chapter or a rule or code of ethics
3062	3062	adopted under this chapter [by the board];
3063	3063	(2) commits an act for which the license holder would
3064	3064	be liable under Chapter 81, Civil Practice and Remedies Code;
3065	3065	(3) is legally committed to an institution because of
3066	3066	mental incompetence from any cause; or
3067	3067	(4) directly or indirectly offers to pay or agrees to
3068	3068	accept remuneration to or from any person for securing or
3069	3069	soliciting a patient or patronage.
3070	3070	SECTION 2.079. Section 503.407, Occupations Code, is
3071	3071	amended to read as follows:
3072	3072	Sec. 503.407. REFUND. (a) Subject to Subsection (b), the
3073	3073	executive council [board] may order a license holder to pay a refund
3074	3074	to a consumer as provided in an agreement resulting from an informal
3075	3075	settlement conference instead of or in addition to imposing an
3076	3076	administrative penalty under Subchapter H, Chapter 507 [this
3077	3077	chapter].
3078	3078	(b) The amount of a refund ordered as provided in an
3079	3079	agreement resulting from an informal settlement conference may not
3080	3080	exceed the amount the consumer paid to the license holder for a
3081	3081	service regulated by this chapter. The executive council [board]
3082	3082	may not require payment of other damages or estimate harm in a
3083	3083	refund order.
3084	3084	SECTION 2.080. Section 503.453, Occupations Code, is
3085	3085	amended to read as follows:
3086	3086	Sec. 503.453. REPORT OF ALLEGED OFFENSE. The executive
3087	3087	council [board] shall notify the appropriate prosecuting attorney
3088	3088	of an alleged offense committed under this chapter.
3089	3089	SECTION 2.081. Section 505.002, Occupations Code, is
3090	3090	amended to read as follows:
3091	3091	Sec. 505.002. DEFINITIONS. In this chapter:
3092	3092	(1) [(2)] "Board" means the Texas State Board of
3093	3093	Social Worker Examiners.
3094	3094	(2) [(3)] "Council on Social Work Education" means the
3095	3095	national organization that is primarily responsible for the
3096	3096	accreditation of schools of social work in the United States or its
3097	3097	successor approved by the executive council [board].
3098	3098	(3) "Executive council" means the Texas Behavioral
3099	3099	Health Executive Council.
3100	3100	(4) ["Department" means the Department of State Health
3101	3101	Services.
3102	3102	[(4-a)] "Licensed baccalaureate social worker" means
3103	3103	a person who holds a baccalaureate social worker license issued [by
3104	3104	the board] under this chapter.
3105	3105	(5) [(4-b)] "Licensed clinical social worker" means a
3106	3106	person who holds a clinical social worker license issued [by the
3107	3107	board] under this chapter.
3108	3108	(6) [(5)] "Licensed master social worker" means a
3109	3109	person who holds a master social worker license issued [by the
3110	3110	board] under this chapter.
3111	3111	(7) [(6)] "Licensed social worker" means a person who
3112	3112	holds a social worker license issued [by the board] under this
3113	3113	chapter.
3114	3114	(8) [(9)] "Social worker" means a person who holds any
3115	3115	license issued [by the board] under this chapter.
3116	3116	SECTION 2.082. Section 505.102(b), Occupations Code, is
3117	3117	amended to read as follows:
3118	3118	(b) A person is not eligible for appointment as a public
3119	3119	member of the board if:
3120	3120	(1) the person is registered, certified, or licensed
3121	3121	by an occupational regulatory agency in the field of health care;
3122	3122	(2) the person's spouse is registered, certified, or
3123	3123	licensed by an occupational regulatory agency in the field of
3124	3124	mental health; or
3125	3125	(3) the person or the person's spouse:
3126	3126	(A) is employed by or participates in the
3127	3127	management of a business entity or other organization regulated by
3128	3128	or receiving funds from the board or executive council
3129	3129	[department];
3130	3130	(B) owns or controls, directly or indirectly,
3131	3131	more than a 10 percent interest in a business entity or other
3132	3132	organization regulated by or receiving funds from the board or
3133	3133	executive council [department]; or
3134	3134	(C) uses or receives a substantial amount of
3135	3135	tangible goods, services, or funds from the board or executive
3136	3136	council [department], other than compensation or reimbursement
3137	3137	authorized by law for board membership, attendance, or expenses.
3138	3138	SECTION 2.083. The heading to Section 505.103, Occupations
3139	3139	Code, is amended to read as follows:
3140	3140	Sec. 505.103. MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
3141	3141	SECTION 2.084. Sections 505.103(b) and (c), Occupations
3142	3142	Code, are amended to read as follows:
3143	3143	(b) A person may not be a member of the board [and may not be
3144	3144	an employee of the department employed in a "bona fide executive,
3145	3145	administrative, or professional capacity," as that phrase is used
3146	3146	for purposes of establishing an exemption to the overtime
3147	3147	provisions of the federal Fair Labor Standards Act of 1938 (29
3148	3148	U.S.C. Section 201 et seq.)] if:
3149	3149	(1) the person is an officer, employee, or paid
3150	3150	consultant of a Texas trade association in the field of health care;
3151	3151	or
3152	3152	(2) the person's spouse is an officer, manager, or paid
3153	3153	consultant of a Texas trade association in the field of mental
3154	3154	health.
3155	3155	(c) A person may not be a member of the board [or act as
3156	3156	general counsel to the board or the department] if the person is
3157	3157	required to register as a lobbyist under Chapter 305, Government
3158	3158	Code, because of the person's activities for compensation on behalf
3159	3159	of a profession related to the operation of the board.
3160	3160	SECTION 2.085. Section 505.109, Occupations Code, is
3161	3161	amended by amending Subsection (b) and adding Subsection (d) to
3162	3162	read as follows:
3163	3163	(b) The training program must provide the person with
3164	3164	information regarding:
3165	3165	(1) the law governing [legislation that created the]
3166	3166	board operations;
3167	3167	(2) [and] the [board's] programs, functions, rules,
3168	3168	and budget of the board;
3169	3169	(3) the scope of and limitations on the rulemaking
3170	3170	authority of the board;
3171	3171	(4) [(2)] the results of the most recent formal audit
3172	3172	of the board;
3173	3173	(5) [(3)] the requirements of:
3174	3174	(A) laws relating to open meetings, public
3175	3175	information, administrative procedure, and disclosing conflicts of
3176	3176	interest; and
3177	3177	(B) other laws applicable to members of the board
3178	3178	in performing their duties; and
3179	3179	(6) [(4)] any applicable ethics policies adopted by
3180	3180	the board or the Texas Ethics Commission.
3181	3181	(d) The executive director of the executive council shall
3182	3182	create a training manual that includes the information required by
3183	3183	Subsection (b). The executive director shall distribute a copy of
3184	3184	the training manual annually to each board member. On receipt of
3185	3185	the training manual, each board member shall sign and submit to the
3186	3186	executive director a statement acknowledging receipt of the
3187	3187	training manual.
3188	3188	SECTION 2.086. Section 505.201, Occupations Code, is
3189	3189	amended to read as follows:
3190	3190	Sec. 505.201. GENERAL RULEMAKING AND ENFORCEMENT AUTHORITY
3191	3191	OF EXECUTIVE COUNCIL. (a) The executive council [board] may:
3192	3192	(1) adopt and enforce rules necessary to perform the
3193	3193	executive council's [board's] duties under this chapter;
3194	3194	(2) establish standards of conduct and ethics for
3195	3195	license holders; and
3196	3196	(3) ensure strict compliance with and enforcement of
3197	3197	this chapter.
3198	3198	(b) [In adopting rules under this section, the board shall
3199	3199	consider the rules and procedures of the department. The board
3200	3200	shall adopt procedural rules, which may not be inconsistent with
3201	3201	similar rules and procedures of the department.
3202	3202	[(c)] The executive council [board] by rule may define a
3203	3203	term not defined under Section 505.002 if a definition is necessary
3204	3204	to administer or enforce this chapter.
3205	3205	(c) [(e)] For each type of license issued under this
3206	3206	chapter, the executive council [board] shall establish:
3207	3207	(1) the minimum eligibility requirements;
3208	3208	(2) educational requirements;
3209	3209	(3) professional experience criteria;
3210	3210	(4) supervision requirements; and
3211	3211	(5) independent practice criteria.
3212	3212	(d) [(f)] The executive council [board] shall establish
3213	3213	procedures for recognition of independent practice.
3214	3214	SECTION 2.087. Subchapter D, Chapter 505, Occupations Code,
3215	3215	is amended by adding Section 505.2015 to read as follows:
3216	3216	Sec. 505.2015. BOARD DUTIES. The board shall propose to the
3217	3217	executive council:
3218	3218	(1) rules regarding:
3219	3219	(A) the qualifications necessary to obtain a
3220	3220	license or order of recognition of specialty, including rules
3221	3221	limiting an applicant's eligibility for a license or order based on
3222	3222	the applicant's criminal history;
3223	3223	(B) the scope of practice of and standards of
3224	3224	care and ethical practice for social work; and
3225	3225	(C) continuing education requirements for
3226	3226	license holders or holders of orders of recognition of specialty;
3227	3227	and
3228	3228	(2) a schedule of sanctions for violations of this
3229	3229	chapter or rules adopted under this chapter.
3230	3230	SECTION 2.088. Section 505.206, Occupations Code, is
3231	3231	amended to read as follows:
3232	3232	Sec. 505.206. ROSTER OF INDEPENDENT SOCIAL WORKERS. The
3233	3233	executive council [board] shall publish a roster of persons
3234	3234	recognized under Section 505.307 as qualified for the independent
3235	3235	practice of social work.
3236	3236	SECTION 2.089. Section 505.301, Occupations Code, is
3237	3237	amended to read as follows:
3238	3238	Sec. 505.301. ESTABLISHMENT OF SPECIALTY AREA. (a) The
3239	3239	executive council [board] may establish within the scope of social
3240	3240	work practice and this chapter specialty areas of social work for
3241	3241	license holders under this chapter who are licensed in good
3242	3242	standing if establishment of the specialty areas:
3243	3243	(1) is necessary to promote the public interest; and
3244	3244	(2) assists the public in identifying qualified
3245	3245	persons in a social work practice specialty.
3246	3246	(b) The executive council [board] may not authorize a
3247	3247	specialty area within the practice of social work unless the
3248	3248	executive council [board] sets the minimum qualifications for
3249	3249	social work practice with appropriate supervision and examination,
3250	3250	as determined by the executive council [board].
3251	3251	(c) The executive council [board] may not establish a
3252	3252	specialty area of social work or a specialty area identification
3253	3253	that conflicts with a state licensing law.
3254	3254	SECTION 2.090. Section 505.302(a), Occupations Code, is
3255	3255	amended to read as follows:
3256	3256	(a) In establishing a specialty area of social work, the
3257	3257	executive council [board] shall:
3258	3258	(1) define the scope of the specialty;
3259	3259	(2) establish qualifications for specialty area
3260	3260	practitioners that describe, in accordance with Subdivision (1),
3261	3261	the scope of the specialty area;
3262	3262	(3) adopt rules of conduct to ensure strict compliance
3263	3263	with and enforcement of this chapter; and
3264	3264	(4) adopt rules for the suspension or revocation of an
3265	3265	order of recognition of specialty.
3266	3266	SECTION 2.091. Sections 505.303(a) and (c), Occupations
3267	3267	Code, are amended to read as follows:
3268	3268	(a) The executive council [board] shall establish a
3269	3269	specialty area for the practice of clinical social work that is
3270	3270	available only to a licensed master social worker who satisfies the
3271	3271	minimum number of years of active social work practice with
3272	3272	appropriate supervision and clinical examination, as determined by
3273	3273	the executive council [board].
3274	3274	(c) For purposes of Subchapter C, Chapter 1451, Insurance
3275	3275	Code:
3276	3276	(1) a person recognized as qualified for the
3277	3277	independent practice of clinical social work may use the title
3278	3278	"Licensed Clinical Social Worker" or another title approved by the
3279	3279	executive council [board]; and
3280	3280	(2) a [board-approved] title approved by the executive
3281	3281	council under this subsection has the same meaning and effect as the
3282	3282	title "Licensed Clinical Social Worker."
3283	3283	SECTION 2.092. Section 505.304, Occupations Code, is
3284	3284	amended to read as follows:
3285	3285	Sec. 505.304. ORDER OF RECOGNITION OF SPECIALTY. (a) The
3286	3286	executive council [board] shall prescribe the name, design, and
3287	3287	content of an order of recognition of specialty.
3288	3288	(b) An order of recognition of specialty must:
3289	3289	(1) state the full name of the person recognized in the
3290	3290	order; and
3291	3291	(2) state the official specialty serial number [;
3292	3292	[(3) include the presiding officer's signature; and
3293	3293	[(4) include the board's official seal].
3294	3294	SECTION 2.093. Section 505.305, Occupations Code, is
3295	3295	amended to read as follows:
3296	3296	Sec. 505.305. RECOGNITION OF SPECIALTY; ISSUANCE OF ORDER.
3297	3297	(a) The executive council [board] shall recognize a social worker
3298	3298	as qualified for the practice of a specialty area of social work if
3299	3299	the social worker satisfies the recognition requirements
3300	3300	established by the executive council [board] and the executive
3301	3301	council [board] determines that the person is worthy of the public
3302	3302	trust in performing services within the scope of the specialty
3303	3303	area.
3304	3304	(b) The executive council [board] shall issue an order of
3305	3305	recognition of specialty to a social worker who is recognized as
3306	3306	qualified for the practice of a specialty area of social work. The
3307	3307	order of recognition of specialty evidences the state's recognition
3308	3308	of the social worker as a specialty social work practitioner under
3309	3309	the identification or title designated by the executive council
3310	3310	[board].
3311	3311	SECTION 2.094. Section 505.306, Occupations Code, is
3312	3312	amended to read as follows:
3313	3313	Sec. 505.306. PROHIBITED USE OF SPECIALTY AREA
3314	3314	IDENTIFICATION OR TITLE. If the executive council [board]
3315	3315	establishes a specialty area of social work, a social worker may not
3316	3316	use the specialty area identification or title designated by the
3317	3317	executive council [board] unless the person is recognized as
3318	3318	qualified for the practice of the specialty area under this
3319	3319	chapter.
3320	3320	SECTION 2.095. Section 505.307, Occupations Code, is
3321	3321	amended to read as follows:
3322	3322	Sec. 505.307. INDEPENDENT PRACTICE RECOGNITION; MINIMUM
3323	3323	QUALIFICATIONS. (a) The executive council [board] shall establish
3324	3324	procedures for recognizing a social worker qualified for the
3325	3325	independent practice of social work.
3326	3326	(b) A social worker may not be recognized as qualified for
3327	3327	the independent practice of social work unless the person satisfies
3328	3328	the requirements of social work education, experience, and
3329	3329	supervision as determined by the executive council [board].
3330	3330	SECTION 2.096. Section 505.352, Occupations Code, is
3331	3331	amended to read as follows:
3332	3332	Sec. 505.352. LICENSE APPLICATION. A person may apply for a
3333	3333	license under this chapter by submitting an application to the
3334	3334	executive council [board]. The application must:
3335	3335	(1) be on a form prescribed by the executive council
3336	3336	[board]; and
3337	3337	(2) contain statements made under oath regarding the
3338	3338	applicant's education and experience and any other information
3339	3339	required by the executive council [board] that qualifies the
3340	3340	applicant for a license.
3341	3341	SECTION 2.097. Section 505.353, Occupations Code, is
3342	3342	amended to read as follows:
3343	3343	Sec. 505.353. ELIGIBILITY. (a) To be eligible for a
3344	3344	license under this chapter, an applicant must:
3345	3345	(1) be at least 18 years of age;
3346	3346	(2) be worthy of the public trust and confidence;
3347	3347	(3) satisfy the education and experience requirements
3348	3348	under this section; and
3349	3349	(4) pass the licensing examination conducted by the
3350	3350	executive council [board] under Section 505.354 and the
3351	3351	jurisprudence examination conducted by the executive council
3352	3352	[board] under Section 505.3545.
3353	3353	(b) An applicant may take the licensing examination
3354	3354	conducted by the executive council [board] under Section 505.354
3355	3355	for:
3356	3356	(1) a master social worker license if the applicant
3357	3357	possesses a doctoral or master's degree in social work from a
3358	3358	graduate program that is accredited by or is in candidacy for
3359	3359	accreditation by the Council on Social Work Education;
3360	3360	(2) a baccalaureate social worker license if the
3361	3361	applicant possesses a baccalaureate degree in social work from an
3362	3362	educational program that is accredited by or is in candidacy for
3363	3363	accreditation by the Council on Social Work Education; or
3364	3364	(3) a clinical social worker license if the applicant
3365	3365	possesses a doctoral or master's degree in social work from an
3366	3366	accredited graduate program approved by the executive council
3367	3367	[board] and meets the qualifications for clinical social work
3368	3368	practice as determined by the executive council [board] under this
3369	3369	chapter.
3370	3370	(c) The executive council [board] may require an applicant
3371	3371	to submit documentary evidence of the quality, scope, and nature of
3372	3372	the applicant's experience and competence to:
3373	3373	(1) determine the credibility and acceptability of the
3374	3374	applicant's professional or technical experience or competence;
3375	3375	and
3376	3376	(2) ensure the public safety, health, and welfare.
3377	3377	SECTION 2.098. Sections 505.354(a), (b), and (e),
3378	3378	Occupations Code, are amended to read as follows:
3379	3379	(a) The executive council [board], at least once each
3380	3380	calendar year, shall prepare and administer an examination to
3381	3381	assess an applicant's qualifications for a license under this
3382	3382	chapter.
3383	3383	(b) Each license examination shall be conducted in a manner
3384	3384	that is determined by the executive council [board] and is fair and
3385	3385	impartial to each applicant and school or system of social work.
3386	3386	(e) The executive council [board] shall have the written
3387	3387	portion of the examination, if any, validated by an independent
3388	3388	testing entity.
3389	3389	SECTION 2.099. Section 505.3545, Occupations Code, is
3390	3390	amended to read as follows:
3391	3391	Sec. 505.3545. JURISPRUDENCE EXAMINATION. (a) The
3392	3392	executive council [board] shall develop and administer at least
3393	3393	twice each calendar year a jurisprudence examination to determine
3394	3394	an applicant's knowledge of this chapter, [board] rules adopted
3395	3395	under this chapter, and any other applicable laws of this state
3396	3396	affecting the applicant's social work practice.
3397	3397	(b) The executive council [board] shall adopt rules to
3398	3398	implement this section, including rules related to the development
3399	3399	and administration of the examination, examination fees,
3400	3400	guidelines for reexamination, grading the examination, and
3401	3401	providing notice of examination results.
3402	3402	SECTION 2.100. Section 505.357(a), Occupations Code, is
3403	3403	amended to read as follows:
3404	3404	(a) The executive council [board] shall issue a temporary
3405	3405	license to an applicant who:
3406	3406	(1) has not taken the licensing examination under
3407	3407	Section 505.354 or the jurisprudence examination under Section
3408	3408	505.3545; and
3409	3409	(2) satisfies the requirements for obtaining a license
3410	3410	under this chapter other than passing the licensing and
3411	3411	jurisprudence examinations.
3412	3412	SECTION 2.101. Section 505.3575, Occupations Code, is
3413	3413	amended to read as follows:
3414	3414	Sec. 505.3575. ISSUANCE OF LICENSES TO CERTAIN OUT-OF-STATE
3415	3415	APPLICANTS. (a) Notwithstanding any other licensing requirement
3416	3416	of this subchapter:
3417	3417	(1) the executive council [board] may not require an
3418	3418	applicant who is licensed in good standing in another state to pass
3419	3419	a licensing examination conducted by the executive council [board]
3420	3420	under Section 505.354 if an applicant with substantially equivalent
3421	3421	experience who resides in this state would not be required to take
3422	3422	the licensing examination; and
3423	3423	(2) the executive council [board] may issue a license
3424	3424	to an applicant who is currently licensed in another state to
3425	3425	independently practice social work if:
3426	3426	(A) after an assessment, the executive council
3427	3427	[board] determines that the applicant:
3428	3428	(i) demonstrates sufficient experience and
3429	3429	competence;
3430	3430	(ii) has passed the jurisprudence
3431	3431	examination conducted by the executive council [board] under
3432	3432	Section 505.3545; and
3433	3433	(iii) at the time of the application, is in
3434	3434	good standing with the regulatory agency of the state in which the
3435	3435	applicant is licensed; and
3436	3436	(B) the applicant presents to the executive
3437	3437	council [board] credentials that the applicant obtained from a
3438	3438	national accreditation organization and the executive council
3439	3439	[board] determines that the requirements to obtain the credentials
3440	3440	are sufficient to minimize any risk to public safety.
3441	3441	(b) When assessing the experience and competence of an
3442	3442	applicant for the purposes of this section, the executive council
3443	3443	[board] may take into consideration any supervision received by the
3444	3444	applicant in another state or jurisdiction if the executive council
3445	3445	[board] determines that the supervision would be taken into
3446	3446	consideration for the purpose of licensing or certification in the
3447	3447	state or jurisdiction in which the applicant received the
3448	3448	supervision.
3449	3449	SECTION 2.102. Section 505.358, Occupations Code, is
3450	3450	amended to read as follows:
3451	3451	Sec. 505.358. PROVISIONAL LICENSE. (a) A person may apply
3452	3452	for a provisional license as a social worker by paying the
3453	3453	appropriate fee and filing an application with the executive
3454	3454	council [board]. The executive council [board] may issue a
3455	3455	provisional license to a person who meets the requirements of this
3456	3456	section.
3457	3457	(b) An applicant for a provisional license must:
3458	3458	(1) be licensed or certified in good standing as a
3459	3459	social worker in another state or jurisdiction that has licensing
3460	3460	or certification requirements determined by the executive council
3461	3461	[board] to be substantially equivalent to the requirements of this
3462	3462	chapter;
3463	3463	(2) have passed a national or other examination
3464	3464	recognized by the executive council [board] relating to the
3465	3465	practice of social work; and
3466	3466	(3) be sponsored by a person licensed under this
3467	3467	chapter with whom the provisional license holder may practice
3468	3468	social work.
3469	3469	(c) An applicant is not required to comply with Subsection
3470	3470	(b)(3) if the executive council [board] determines that compliance
3471	3471	constitutes a hardship to the applicant.
3472	3472	(d) A provisional license is valid until the date the
3473	3473	executive council [board] approves or denies the provisional
3474	3474	license holder's application for a license under Section 505.359.
3475	3475	SECTION 2.103. Section 505.359, Occupations Code, is
3476	3476	amended to read as follows:
3477	3477	Sec. 505.359. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE
3478	3478	HOLDER. (a) The executive council [board] shall issue an
3479	3479	appropriate license to a provisional license holder:
3480	3480	(1) who passes the licensing examination under Section
3481	3481	505.354 and the jurisprudence examination under Section 505.3545;
3482	3482	(2) for whom the executive council [board] verifies
3483	3483	that the person satisfies the academic and experience requirements
3484	3484	under Section 505.353; and
3485	3485	(3) who satisfies any other license requirements under
3486	3486	this chapter.
3487	3487	(b) The executive council [board] shall complete the
3488	3488	processing of a provisional license holder's application for a
3489	3489	license not later than the 180th day after the date the provisional
3490	3490	license is issued or the date licenses are issued after successful
3491	3491	completion of the next licensing and jurisprudence examinations,
3492	3492	whichever date is later.
3493	3493	(c) The executive council [board] may waive a license
3494	3494	requirement for an applicant who is licensed or certified in
3495	3495	another state if this state has entered into a reciprocity
3496	3496	agreement with that state.
3497	3497	SECTION 2.104. Section 505.401(a-1), Occupations Code, is
3498	3498	amended to read as follows:
3499	3499	(a-1) The executive council [board] by rule shall adopt a
3500	3500	system under which licenses and orders of recognition of specialty
3501	3501	expire on various dates during the year.
3502	3502	SECTION 2.105. Section 505.405, Occupations Code, is
3503	3503	amended to read as follows:
3504	3504	Sec. 505.405. GROUNDS FOR REFUSING RENEWAL. The executive
3505	3505	council [board] may refuse to renew the license of a person who
3506	3506	fails to pay an administrative penalty imposed under Subchapter H,
3507	3507	Chapter 507, [K] unless enforcement of the penalty is stayed or a
3508	3508	court has ordered that the administrative penalty is not owed.
3509	3509	SECTION 2.106. The heading to Subchapter I, Chapter 505,
3510	3510	Occupations Code, is amended to read as follows:
3511	3511	SUBCHAPTER I. [DENIAL OF LICENSE OR ORDER AND] DISCIPLINARY ACTION
3512	3512	[PROCEDURES]
3513	3513	SECTION 2.107. Section 505.451, Occupations Code, is
3514	3514	amended to read as follows:
3515	3515	Sec. 505.451. GROUNDS FOR [DENIAL OF LICENSE OR ORDER OF
3516	3516	RECOGNITION OF SPECIALTY;] DISCIPLINARY ACTION. The executive
3517	3517	council [board] shall take disciplinary action under Subchapter G,
3518	3518	Chapter 507, against a person [deny an application for a license or
3519	3519	order of recognition of specialty and shall revoke or suspend,
3520	3520	including a suspension on an emergency basis, a license or order,
3521	3521	place a holder of a license or order that has been suspended on
3522	3522	probation, refuse to renew a person's license, or reprimand a
3523	3523	holder of a license or order] for:
3524	3524	(1) violating this chapter or a rule adopted [by the
3525	3525	board] under this chapter;
3526	3526	(2) circumventing or attempting to circumvent the
3527	3527	requirements of this chapter or a rule adopted [by the board] under
3528	3528	this chapter;
3529	3529	(3) directly or indirectly participating in a scheme
3530	3530	to evade the requirements of this chapter or a rule adopted [by the
3531	3531	board] under this chapter;
3532	3532	(4) engaging in unethical conduct;
3533	3533	(5) engaging in conduct that discredits or tends to
3534	3534	discredit the social work profession;
3535	3535	(6) performing an act, allowing an omission, or making
3536	3536	an assertion or representation that is fraudulent, deceitful, or
3537	3537	misleading or that tends to create a misleading impression;
3538	3538	(7) knowingly associating with or permitting the use
3539	3539	of a license holder's professional services or identification in
3540	3540	connection with an enterprise that the person knows or should have
3541	3541	known in the exercise of reasonable diligence violates this chapter
3542	3542	or a rule adopted [by the board] under this chapter;
3543	3543	(8) knowingly associating with or permitting the use
3544	3544	of a license holder's name, professional services or
3545	3545	identification, or endorsement in connection with an enterprise
3546	3546	that the person knows or should have known in the exercise of
3547	3547	reasonable diligence is a trade, business, or professional practice
3548	3548	of a fraudulent, deceitful, or misleading nature;
3549	3549	(9) directly or indirectly revealing or causing to be
3550	3550	revealed a confidential communication transmitted to the license
3551	3551	holder by a client or other recipient of the license holder's
3552	3552	services unless revealing the communication is required by law;
3553	3553	(10) having been denied an application for a license
3554	3554	or certificate to practice social work in another jurisdiction for
3555	3555	a reason that the executive council [board] determines would be a
3556	3556	violation of this chapter or a rule adopted [by the board] under
3557	3557	this chapter;
3558	3558	(11) holding a license or certificate in another
3559	3559	jurisdiction that is suspended or revoked for a reason that the
3560	3560	executive council [board] determines would be a violation of this
3561	3561	chapter or a rule adopted [by the board] under this chapter;
3562	3562	(12) having been convicted of a felony in this state,
3563	3563	another state, or the United States;
3564	3564	(13) refusing to perform an act or service within the
3565	3565	scope of the license holder's license solely because of the
3566	3566	recipient's age, sex, race, religion, national origin, color, or
3567	3567	political affiliation; or
3568	3568	(14) committing an act for which liability exists
3569	3569	under Chapter 81, Civil Practice and Remedies Code.
3570	3570	SECTION 2.108. Section 505.454(a), Occupations Code, is
3571	3571	amended to read as follows:
3572	3572	(a) A person who holds an expired license or order of
3573	3573	recognition of specialty under this chapter is subject to a
3574	3574	sanction under this chapter if the executive council [board]
3575	3575	determines that the person violated this chapter or a rule adopted
3576	3576	[by the board] under this chapter during the period in which the
3577	3577	license or order was valid.
3578	3578	SECTION 2.109. Section 505.458, Occupations Code, is
3579	3579	amended to read as follows:
3580	3580	Sec. 505.458. REFUND. (a) Subject to Subsection (b), the
3581	3581	executive council [board] may order a license holder to pay a refund
3582	3582	to a consumer as provided in an agreement resulting from an informal
3583	3583	settlement conference instead of or in addition to imposing an
3584	3584	administrative penalty under this chapter.
3585	3585	(b) The amount of a refund ordered as provided in an
3586	3586	agreement resulting from an informal settlement conference may not
3587	3587	exceed the amount the consumer paid to the license holder for a
3588	3588	service regulated by this chapter. The executive council [board]
3589	3589	may not require payment of other damages or estimate harm in a
3590	3590	refund order.
3591	3591	SECTION 2.110. Section 505.505, Occupations Code, is
3592	3592	amended to read as follows:
3593	3593	Sec. 505.505. APPEAL BOND NOT REQUIRED. The executive
3594	3594	council [board or department] is not required to post an appeal bond
3595	3595	in any action arising under this chapter.
3596	3596	SECTION 2.111. Section 505.506, Occupations Code, is
3597	3597	amended to read as follows:
3598	3598	Sec. 505.506. REPRESENTATION BY ATTORNEY GENERAL. The
3599	3599	attorney general shall represent the executive council [board or
3600	3600	department] in an action brought to enforce this chapter.
3601	3601	SECTION 2.112. The following provisions of the Occupations
3602	3602	Code are repealed:
3603	3603	(1) Section 501.002(3);
3604	3604	(2) Section 501.005;
3605	3605	(3) Subchapter C, Chapter 501;
3606	3606	(4) Sections 501.151(a) and (b);
3607	3607	(5) Section 501.152;
3608	3608	(6) Section 501.154;
3609	3609	(7) Section 501.156;
3610	3610	(8) Section 501.157;
3611	3611	(9) Section 501.160;
3612	3612	(10) Section 501.161;
3613	3613	(11) Section 501.162;
3614	3614	(12) Subchapter E, Chapter 501;
3615	3615	(13) Sections 501.252(b), (c), and (d);
3616	3616	(14) Section 501.254;
3617	3617	(15) Sections 501.256(e), (f), and (g);
3618	3618	(16) Section 501.2561;
3619	3619	(17) Section 501.257;
3620	3620	(18) Section 501.258;
3621	3621	(19) Section 501.261(b);
3622	3622	(20) Section 501.302;
3623	3623	(21) Section 501.303;
3624	3624	(22) Section 501.304;
3625	3625	(23) Section 501.402;
3626	3626	(24) Section 501.403;
3627	3627	(25) Section 501.404;
3628	3628	(26) Section 501.405;
3629	3629	(27) Section 501.406;
3630	3630	(28) Section 501.409;
3631	3631	(29) Section 501.410;
3632	3632	(30) Subchapter J, Chapter 501;
3633	3633	(31) Section 501.501;
3634	3634	(32) Section 501.502;
3635	3635	(33) Section 501.504;
3636	3636	(34) Section 502.002(3);
3637	3637	(35) Section 502.003;
3638	3638	(36) Subchapter C, Chapter 502;
3639	3639	(37) Section 502.152;
3640	3640	(38) Section 502.153;
3641	3641	(39) Section 502.154;
3642	3642	(40) Section 502.156;
3643	3643	(41) Section 502.1565;
3644	3644	(42) Section 502.157;
3645	3645	(43) Section 502.158;
3646	3646	(44) Section 502.161;
3647	3647	(45) Section 502.162;
3648	3648	(46) Section 502.163;
3649	3649	(47) Subchapter E, Chapter 502;
3650	3650	(48) Section 502.255;
3651	3651	(49) Section 502.256;
3652	3652	(50) Sections 502.301(b), (c), (d), and (e);
3653	3653	(51) Section 502.302;
3654	3654	(52) Section 502.303;
3655	3655	(53) Section 502.352;
3656	3656	(54) Section 502.353;
3657	3657	(55) Section 502.354;
3658	3658	(56) Section 502.355;
3659	3659	(57) Section 502.356;
3660	3660	(58) Subchapter I, Chapter 502;
3661	3661	(59) Section 502.451;
3662	3662	(60) Section 502.452;
3663	3663	(61) Section 502.453;
3664	3664	(62) Section 502.455;
3665	3665	(63) Section 503.005;
3666	3666	(64) Subchapter D, Chapter 503;
3667	3667	(65) Section 503.202;
3668	3668	(66) Section 503.203;
3669	3669	(67) Section 503.204;
3670	3670	(68) Section 503.2045;
3671	3671	(69) Section 503.205;
3672	3672	(70) Section 503.207;
3673	3673	(71) Section 503.209;
3674	3674	(72) Section 503.210;
3675	3675	(73) Section 503.211;
3676	3676	(74) Subchapter F, Chapter 503;
3677	3677	(75) Section 503.306;
3678	3678	(76) Section 503.307;
3679	3679	(77) Section 503.354;
3680	3680	(78) Section 503.355;
3681	3681	(79) Section 503.356;
3682	3682	(80) Sections 503.401(b), (c), and (d);
3683	3683	(81) Section 503.402;
3684	3684	(82) Section 503.403;
3685	3685	(83) Section 503.404;
3686	3686	(84) Section 503.405;
3687	3687	(85) Section 503.406;
3688	3688	(86) Section 503.451;
3689	3689	(87) Section 503.454;
3690	3690	(88) Subchapter K, Chapter 503;
3691	3691	(89) Section 505.005;
3692	3692	(90) Section 505.110;
3693	3693	(91) Subchapter C, Chapter 505;
3694	3694	(92) Section 505.202;
3695	3695	(93) Section 505.203;
3696	3696	(94) Section 505.204;
3697	3697	(95) Section 505.205;
3698	3698	(96) Section 505.209;
3699	3699	(97) Section 505.210;
3700	3700	(98) Section 505.211;
3701	3701	(99) Subchapter E, Chapter 505;
3702	3702	(100) Section 505.355;
3703	3703	(101) Section 505.356;
3704	3704	(102) Section 505.402;
3705	3705	(103) Section 505.403;
3706	3706	(104) Section 505.404;
3707	3707	(105) Section 505.452;
3708	3708	(106) Section 505.453;
3709	3709	(107) Section 505.454(b);
3710	3710	(108) Section 505.455;
3711	3711	(109) Section 505.456;
3712	3712	(110) Section 505.457;
3713	3713	(111) Section 505.501;
3714	3714	(112) Section 505.503;
3715	3715	(113) Section 505.504;
3716	3716	(114) Section 505.508; and
3717	3717	(115) Subchapter K, Chapter 505.
3718	3718	ARTICLE 3. CONFORMING AMENDMENTS
3719	3719	SECTION 3.001. Article 66.104(a), Code of Criminal
3720	3720	Procedure, is amended to read as follows:
3721	3721	(a) The Texas Medical Board, the Texas Department of
3722	3722	Licensing and Regulation, only with respect to a person licensed
3723	3723	under Chapter 202, Occupations Code [State Board of Podiatric
3724	3724	Medical Examiners], the State Board of Dental Examiners, the Texas
3725	3725	State Board of Pharmacy, the Texas Behavioral Health Executive
3726	3726	Council, only with respect to a person licensed under Chapter 501,
3727	3727	Occupations Code [State Board of Examiners of Psychologists], and
3728	3728	the State Board of Veterinary Medical Examiners shall provide to
3729	3729	the Department of Public Safety through electronic means, magnetic
3730	3730	tape, or disk, as specified by the department, a list of each person
3731	3731	licensed by the respective agency, including the person's name and
3732	3732	date of birth and any other personal descriptive information
3733	3733	required by the department. Each agency shall update the
3734	3734	information and submit the updated information quarterly to the
3735	3735	department.
3736	3736	SECTION 3.002. Section 411.122(d), Government Code, is
3737	3737	amended to read as follows:
3738	3738	(d) The following state agencies are subject to this
3739	3739	section:
3740	3740	(1) Texas Appraiser Licensing and Certification
3741	3741	Board;
3742	3742	(2) Texas Board of Architectural Examiners;
3743	3743	(3) Texas Board of Chiropractic Examiners;
3744	3744	(4) State Board of Dental Examiners;
3745	3745	(5) Texas Board of Professional Engineers;
3746	3746	(6) Texas Funeral Service Commission;
3747	3747	(7) Texas Board of Professional Geoscientists;
3748	3748	(8) Health and Human Services Commission [Department
3749	3749	of State Health Services], except as provided by Section 411.110,
3750	3750	and agencies attached to the commission [department, including:
3751	3751	[(A) Texas State Board of Examiners of Marriage
3752	3752	and Family Therapists;
3753	3753	[(B) Texas State Board of Examiners of
3754	3754	Professional Counselors; and
3755	3755	[(C) Texas State Board of Social Worker
3756	3756	Examiners];
3757	3757	(9) Texas Board of Professional Land Surveying;
3758	3758	(10) Texas Department of Licensing and Regulation,
3759	3759	except as provided by Section 411.093;
3760	3760	(11) Texas Commission on Environmental Quality;
3761	3761	(12) Texas Board of Occupational Therapy Examiners;
3762	3762	(13) Texas Optometry Board;
3763	3763	(14) Texas State Board of Pharmacy;
3764	3764	(15) Texas Board of Physical Therapy Examiners;
3765	3765	(16) Texas State Board of Plumbing Examiners;
3766	3766	(17) [Texas State Board of Podiatric Medical
3767	3767	Examiners;
3768	3768	[(18)] Texas Behavioral Health Executive Council
3769	3769	[State Board of Examiners of Psychologists];
3770	3770	(18) [(19)] Texas Real Estate Commission;
3771	3771	(19) [(20)] Texas Department of Transportation;
3772	3772	(20) [(21)] State Board of Veterinary Medical
3773	3773	Examiners;
3774	3774	(21) [(22)] Texas Department of Housing and Community
3775	3775	Affairs;
3776	3776	(22) [(23)] secretary of state;
3777	3777	(23) [(24)] state fire marshal;
3778	3778	(24) [(25)] Texas Education Agency;
3779	3779	(25) [(26)] Department of Agriculture; and
3780	3780	(26) [(27)] Texas Department of Motor Vehicles.
3781	3781	SECTION 3.003. Section 2054.2606(a), Government Code, is
3782	3782	amended to read as follows:
3783	3783	(a) The following licensing entities shall establish a
3784	3784	profile system consisting of the specific license holder
3785	3785	information prescribed by Subsection (c):
3786	3786	(1) Texas Board of Chiropractic Examiners, with
3787	3787	respect to chiropractors;
3788	3788	(2) Texas Department of Licensing and Regulation
3789	3789	[State Board of Podiatric Medical Examiners], with respect to
3790	3790	podiatrists;
3791	3791	(3) State Board of Dental Examiners, with respect to
3792	3792	dentists;
3793	3793	(4) Texas Optometry Board, with respect to
3794	3794	optometrists and therapeutic optometrists;
3795	3795	(5) Texas Board of Physical Therapy Examiners, with
3796	3796	respect to physical therapists and physical therapy facilities;
3797	3797	(6) Texas Board of Occupational Therapy Examiners,
3798	3798	with respect to occupational therapists and occupational therapy
3799	3799	facilities;
3800	3800	(7) Texas Behavioral Health Executive Council [State
3801	3801	Board of Examiners of Psychologists], with respect to
3802	3802	psychologists; and
3803	3803	(8) Texas State Board of Pharmacy, with respect to
3804	3804	pharmacists and pharmacies.
3805	3805	SECTION 3.004. Section 2054.352(a), Government Code, is
3806	3806	amended to read as follows:
3807	3807	(a) The following licensing entities shall participate in
3808	3808	the system established under Section 2054.353:
3809	3809	(1) Texas Board of Chiropractic Examiners;
3810	3810	(2) Judicial Branch Certification Commission;
3811	3811	(3) State Board of Dental Examiners;
3812	3812	(4) Texas Funeral Service Commission;
3813	3813	(5) Texas Board of Professional Land Surveying;
3814	3814	(6) Texas Medical Board;
3815	3815	(7) Texas Board of Nursing;
3816	3816	(8) Texas Optometry Board;
3817	3817	(9) Department of Agriculture, for licenses issued
3818	3818	under Chapter 1951, Occupations Code;
3819	3819	(10) Texas State Board of Pharmacy;
3820	3820	(11) Executive Council of Physical Therapy and
3821	3821	Occupational Therapy Examiners;
3822	3822	(12) Texas State Board of Plumbing Examiners;
3823	3823	(13) [Texas State Board of Podiatric Medical
3824	3824	Examiners;
3825	3825	[(14)] Texas Behavioral Health Executive Council
3826	3826	[State Board of Examiners of Psychologists];
3827	3827	(14) [(15)] State Board of Veterinary Medical
3828	3828	Examiners;
3829	3829	(15) [(16)] Texas Real Estate Commission;
3830	3830	(16) [(17)] Texas Appraiser Licensing and
3831	3831	Certification Board;
3832	3832	(17) [(18)] Texas Department of Licensing and
3833	3833	Regulation;
3834	3834	(18) [(19)] Texas State Board of Public Accountancy;
3835	3835	(19) [(20)] State Board for Educator Certification;
3836	3836	(20) [(21)] Texas Board of Professional Engineers;
3837	3837	(21) Health and Human Services Commission
3838	3838	[(22) Department of State Health Services];
3839	3839	(22) [(23)] Texas Board of Architectural Examiners;
3840	3840	(23) [(24)] Texas Racing Commission;
3841	3841	(24) [(25)] Texas Commission on Law Enforcement; and
3842	3842	(25) [(26)] Texas Private Security Board.
3843	3843	SECTION 3.005. Section 36.132(a)(2), Human Resources Code,
3844	3844	is amended to read as follows:
3845	3845	(2) "Licensing authority" means:
3846	3846	(A) the Texas Medical Board;
3847	3847	(B) the State Board of Dental Examiners;
3848	3848	(C) the Texas Behavioral Health Executive
3849	3849	Council [State Board of Examiners of Psychologists];
3850	3850	(D) [the Texas State Board of Social Worker
3851	3851	Examiners;
3852	3852	[(E)] the Texas Board of Nursing;
3853	3853	(E) [(F)] the Texas Board of Physical Therapy
3854	3854	Examiners;
3855	3855	(F) [(G)] the Texas Board of Occupational
3856	3856	Therapy Examiners; or
3857	3857	(G) [(H)] another state agency authorized to
3858	3858	regulate a provider who receives or is eligible to receive payment
3859	3859	for a health care service under the Medicaid program.
3860	3860	SECTION 3.006. Sections 1451.001(9), (10), (11), (18), and
3861	3861	(19), Insurance Code, are amended to read as follows:
3862	3862	(9) "Licensed clinical social worker" means an
3863	3863	individual licensed [by the Texas State Board of Social Worker
3864	3864	Examiners] as a [licensed] clinical social worker under Chapter
3865	3865	505, Occupations Code.
3866	3866	(10) "Licensed professional counselor" means an
3867	3867	individual licensed under Chapter 503, Occupations Code [by the
3868	3868	Texas State Board of Examiners of Professional Counselors].
3869	3869	(11) "Marriage and family therapist" means an
3870	3870	individual licensed under Chapter 502, Occupations Code [by the
3871	3871	Texas State Board of Examiners of Marriage and Family Therapists].
3872	3872	(18) "Psychological associate" means an individual
3873	3873	licensed as a psychological associate by the Texas Behavioral
3874	3874	Health Executive Council [State Board of Examiners of Psychologists
3875	3875	who practices solely under the supervision of a licensed
3876	3876	psychologist].
3877	3877	(19) "Psychologist" means an individual licensed as a
3878	3878	psychologist by the Texas Behavioral Health Executive Council
3879	3879	[State Board of Examiners of Psychologists].
3880	3880	SECTION 3.007. Section 101.002, Occupations Code, is
3881	3881	amended to read as follows:
3882	3882	Sec. 101.002. COMPOSITION OF COUNCIL. The council consists
3883	3883	of 14 members, with one member appointed by each of the following:
3884	3884	(1) the Texas Board of Chiropractic Examiners;
3885	3885	(2) the State Board of Dental Examiners;
3886	3886	(3) the Texas Optometry Board;
3887	3887	(4) the Texas State Board of Pharmacy;
3888	3888	(5) the Texas Department of Licensing and Regulation
3889	3889	[State Board of Podiatric Medical Examiners];
3890	3890	(6) the State Board of Veterinary Medical Examiners;
3891	3891	(7) the Texas Medical Board;
3892	3892	(8) the Texas Board of Nursing;
3893	3893	(9) the Texas Behavioral Health Executive Council
3894	3894	[State Board of Examiners of Psychologists];
3895	3895	(10) the Texas Funeral Service Commission;
3896	3896	(11) the entity that regulates the practice of
3897	3897	physical therapy;
3898	3898	(12) the entity that regulates the practice of
3899	3899	occupational therapy;
3900	3900	(13) the health licensing division of the Health and
3901	3901	Human Services Commission [Department of State Health Services];
3902	3902	and
3903	3903	(14) the governor's office.
3904	3904	SECTION 3.008. Section 110.001(7), Occupations Code, is
3905	3905	amended to read as follows:
3906	3906	(7) "Sex offender treatment provider" means a person,
3907	3907	licensed by the council and recognized based on training and
3908	3908	experience to provide assessment and treatment to adult sex
3909	3909	offenders or juveniles with sexual behavioral problems who have
3910	3910	been convicted, adjudicated, awarded deferred adjudication, or
3911	3911	referred by a state agency or a court, and licensed in this state to
3912	3912	practice as a physician, psychiatrist, psychologist, psychological
3913	3913	associate, provisionally licensed psychologist, licensed
3914	3914	professional counselor, licensed professional counselor intern,
3915	3915	licensed marriage and family therapist, licensed marriage and
3916	3916	family associate, licensed clinical social worker, licensed master
3917	3917	social worker under a clinical supervision plan approved by the
3918	3918	Texas Behavioral Health Executive Council [State Board of Social
3919	3919	Worker Examiners], or advanced practice nurse recognized as a
3920	3920	psychiatric clinical nurse specialist or psychiatric mental health
3921	3921	nurse practitioner, who provides mental health or medical services
3922	3922	for rehabilitation of sex offenders.
3923	3923	ARTICLE 4. TRANSITIONS AND EFFECTIVE DATE
3924	3924	SECTION 4.001. In this article:
3925	3925	(1) "Executive council" means the Texas Behavioral
3926	3926	Health Executive Council.
3927	3927	(2) "Transferring entity" means:
3928	3928	(A) the Texas State Board of Examiners of
3929	3929	Psychologists;
3930	3930	(B) the Texas State Board of Examiners of
3931	3931	Marriage and Family Therapists;
3932	3932	(C) the Texas State Board of Examiners of
3933	3933	Professional Counselors; and
3934	3934	(D) the Texas State Board of Social Worker
3935	3935	Examiners.
3936	3936	SECTION 4.002. (a) Except as provided by Subsection (b) of
3937	3937	this section, Sections 501.059, 502.059, 503.110, and 505.109,
3938	3938	Occupations Code, as amended by this Act, apply to a member of the
3939	3939	applicable board appointed before, on, or after the effective date
3940	3940	of this Act.
3941	3941	(b) A member of a board who, before the effective date of
3942	3942	this Act, completed the training program required by Section
3943	3943	501.059, 502.059, 503.110, or 505.109, Occupations Code, as the
3944	3944	applicable law existed before the effective date of this Act, is
3945	3945	required to complete additional training only on the subjects added
3946	3946	by this Act to the training program required by Section 501.059,
3947	3947	502.059, 503.110, or 505.109, Occupations Code, as applicable. A
3948	3948	board member described by this subsection may not vote, deliberate,
3949	3949	or be counted as a member in attendance at a meeting of the board
3950	3950	held on or after December 1, 2019, until the member completes the
3951	3951	additional training.
3952	3952	SECTION 4.003. (a) Section 501.2525, Occupations Code, as
3953	3953	redesignated and amended by this Act, applies only to an
3954	3954	application for a license under Chapter 501, Occupations Code, that
3955	3955	is submitted on or after the effective date of this Act. An
3956	3956	application submitted before the effective date of this Act is
3957	3957	governed by the law in effect on the date the application was
3958	3958	submitted, and the former law is continued in effect for that
3959	3959	purpose.
3960	3960	(b) A provisional license issued under Section 501.253,
3961	3961	Occupations Code, that is in effect on the effective date of this
3962	3962	Act continues to be valid until the license expires.
3963	3963	(c) Section 502.252, Occupations Code, as amended by this
3964	3964	Act, applies only to an application for a license under Chapter 502,
3965	3965	Occupations Code, submitted on or after the date on which rules
3966	3966	adopted by the Texas Behavioral Health Executive Council under that
3967	3967	section take effect. An application submitted before that date is
3968	3968	governed by the law in effect immediately before the effective date
3969	3969	of this Act, and the former law is continued in effect for that
3970	3970	purpose.
3971	3971	SECTION 4.004. Not later than August 31, 2020, an initial
3972	3972	member of the executive council shall complete the training
3973	3973	required by Section 507.059, Occupations Code, as added by this
3974	3974	Act. On or after September 1, 2020, a member of the executive
3975	3975	council may not vote, deliberate, or be counted as a member in
3976	3976	attendance at a meeting of the executive council until the member
3977	3977	has completed the training required by that section.
3978	3978	SECTION 4.005. (a) Not later than December 1, 2019, the
3979	3979	appropriate appointing authorities shall appoint the members of the
3980	3980	executive council as provided by Section 507.051, Occupations Code,
3981	3981	as added by this Act.
3982	3982	(b) Notwithstanding the terms established by Section
3983	3983	507.054, Occupations Code, as added by this Act, in making the
3984	3984	initial appointments to the executive council, the Texas State
3985	3985	Board of Examiners of Psychologists, the Texas State Board of
3986	3986	Examiners of Marriage and Family Therapists, the Texas State Board
3987	3987	of Examiners of Professional Counselors, and the Texas State Board
3988	3988	of Social Worker Examiners shall each appoint one member to a term
3989	3989	expiring February 1, 2021, and one member to a term expiring
3990	3990	February 1, 2022.
3991	3991	SECTION 4.006. (a) The Texas Behavioral Health Incubation
3992	3992	Task Force is established to assist in the establishment of and
3993	3993	transfer of regulatory programs to the executive council under this
3994	3994	Act by providing guidance to:
3995	3995	(1) the executive council regarding:
3996	3996	(A) hiring the executive director of the
3997	3997	executive council;
3998	3998	(B) developing functional alignments within the
3999	3999	organizational structure of the executive council;
4000	4000	(C) establishing any necessary accounts and
4001	4001	reporting requirements; and
4002	4002	(D) seeking input from interested parties
4003	4003	throughout the transfer; and
4004	4004	(2) the transferring entities and the executive
4005	4005	council regarding:
4006	4006	(A) the efficient transfer of necessary data; and
4007	4007	(B) the revision of existing rules to align with
4008	4008	the administrative structure of the executive council.
4009	4009	(b) The task force is composed of:
4010	4010	(1) the executive commissioner of the Health and Human
4011	4011	Services Commission, or the executive commissioner's designee;
4012	4012	(2) the executive director of the Texas Department of
4013	4013	Licensing and Regulation, or the executive director's designee;
4014	4014	(3) the executive director of the Texas State Board of
4015	4015	Examiners of Psychologists;
4016	4016	(4) a representative of the Texas State Board of
4017	4017	Examiners of Marriage and Family Therapists;
4018	4018	(5) a representative of the Texas State Board of
4019	4019	Examiners of Professional Counselors; and
4020	4020	(6) a representative of the Texas State Board of
4021	4021	Social Worker Examiners.
4022	4022	(c) The entities represented on the task force may adopt a
4023	4023	memorandum of understanding to accomplish the responsibilities and
4024	4024	duties of the task force and to ensure access by the entities of any
4025	4025	systems and information necessary to effectively transfer the
4026	4026	regulatory programs to the executive council under this Act.
4027	4027	SECTION 4.007. (a) Not later than April 1, 2020, the
4028	4028	executive council shall hire an executive director for the
4029	4029	executive council.
4030	4030	(b) Not later than July 31, 2020, the executive council
4031	4031	shall adopt procedural rules necessary to implement Chapter 507,
4032	4032	Occupations Code, as added by this Act.
4033	4033	SECTION 4.008. (a) As soon as practicable after the
4034	4034	appointment of the members of the executive council, the executive
4035	4035	council and the transferring entities shall adopt a transition plan
4036	4036	to provide for the orderly transfer of powers, duties, functions,
4037	4037	programs, and activities under this Act. The transition plan must
4038	4038	provide for the transfer of each regulatory program to be
4039	4039	completed on or before August 31, 2020.
4040	4040	(b) The transferring entities shall provide the executive
4041	4041	council with access to any systems or information necessary for the
4042	4042	executive council to accept a program transferred under this Act.
4043	4043	(c) On the date specified in the transition plan required
4044	4044	under Subsection (a) of this section for the transfer of a
4045	4045	particular program to the executive council, all full-time
4046	4046	equivalent employee positions at a transferring entity that
4047	4047	primarily concern the administration or enforcement of the program
4048	4048	being transferred become positions at the executive council. The
4049	4049	executive council shall post the positions for hiring and, when
4050	4050	filling the positions, shall give consideration to, but is not
4051	4051	required to hire, an applicant who, immediately before the date of
4052	4052	the transfer, was an employee at a transferring entity primarily
4053	4053	involved in administering or enforcing the transferred program.
4054	4054	SECTION 4.009. On the date specified in the transition plan
4055	4055	required under Section 4.008(a) of this Act for the transfer of a
4056	4056	particular program to the executive council:
4057	4057	(1) a rule or fee relating to a transferred program
4058	4058	that is in effect on that date remains in effect until changed by
4059	4059	the executive council;
4060	4060	(2) a license, registration, certification, or other
4061	4061	authorization relating to a transferred program that is in effect
4062	4062	on that date is continued in effect as a license, registration,
4063	4063	certification, or other authorization of the executive council; and
4064	4064	(3) a complaint, investigation, contested case, or
4065	4065	other proceeding relating to a transferred program that is pending
4066	4066	before a transferring entity on that date is transferred without
4067	4067	change in status to the executive council.
4068	4068	SECTION 4.010. To the extent of any conflict, this Act
4069	4069	prevails over another Act of the 86th Legislature, Regular Session,
4070	4070	2019, relating to nonsubstantive additions to and corrections in
4071	4071	enacted codes.
4072	4072	SECTION 4.011. This Act takes effect September 1, 2019.