Texas 2021 87th Regular

Texas House Bill HB3626 Introduced / Bill

Filed 03/10/2021

                    87R6325 KKR-D
 By: Romero, Jr. H.B. No. 3626


 A BILL TO BE ENTITLED
 AN ACT
 relating to the licensing of certain out-of-state applicants as a
 psychologist, marriage and family therapist, professional
 counselor, or social worker.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 501.2525(c), Occupations Code, is
 amended to read as follows:
 (c)  Subsection (a)(2)(A) does not apply to an applicant who:
 (1)  is licensed in good standing in another state to
 independently practice psychology; and
 (2)  has independently practiced psychology in that
 state for at least the two [five] years preceding the date the
 application is submitted.
 SECTION 2.  Section 501.256(c), Occupations Code, is amended
 to read as follows:
 (c)  The executive council may waive the discipline and
 professional segment of the examination requirement for an
 applicant who:
 (1)  is a specialist of the American Board of
 Professional Psychology; [or]
 (2)  in the executive council's judgment, has
 demonstrated competence in the areas covered by the examination; or
 (3)  meets the criteria provided by Section
 501.2525(c).
 SECTION 3.  Section 502.252, Occupations Code, is amended by
 adding Subsection (d) to read as follows:
 (d)  Subsections (c)(2) and (c)(3) do not apply to an
 applicant who:
 (1)  is licensed in good standing in another state to
 independently practice as a licensed marriage and family therapist;
 and
 (2)  has independently practiced as a licensed marriage
 and family therapist in that state for at least the two years
 preceding the date the application is submitted.
 SECTION 4.  Section 502.2545(a), Occupations Code, is
 amended to read as follows:
 (a)  The executive council may waive the requirement that an
 applicant for a license as a licensed marriage and family therapist
 pass the examination required by Section 502.254 if the applicant:
 (1)  is a provisional license holder under Section
 502.259 and the executive council determines that the applicant
 possesses sufficient education and professional experience to
 receive a license without further examination; [or]
 (2)  holds a license issued by another licensing agency
 in a profession related to the practice of marriage and family
 therapy and the executive council determines that the applicant
 possesses sufficient education and professional experience to
 receive a license without satisfying the examination requirements
 of this chapter; or
 (3)  meets the criteria provided by Section 502.252(d).
 SECTION 5.  Section 503.302, Occupations Code, is amended by
 adding Subsections (a-1) and (a-2) to read as follows:
 (a-1)  Subsection (a)(4) does not apply to an applicant who:
 (1)  is licensed in good standing in another state to
 independently practice as a professional counselor or as an art
 therapist; and
 (2)  has independently practiced as a professional
 counselor or an art therapist in that state for at least the two
 years preceding the date the application is submitted.
 (a-2)  The executive council may waive the requirement that
 an applicant pass the license examination required by Subsection
 (a)(5) if the applicant meets the criteria provided by Subsection
 (a-1).  The applicant must pass the jurisprudence examination.
 SECTION 6.  Section 505.3575, Occupations Code, is amended
 by amending Subsection (a) and adding Subsection (c) to read as
 follows:
 (a)  Notwithstanding any other licensing requirement of this
 subchapter:
 (1)  the executive council may not require an applicant
 who is licensed in good standing in another state to pass a
 licensing examination conducted by the executive council under
 Section 505.354 if an applicant with substantially equivalent
 experience who resides in this state would not be required to take
 the licensing examination; [and]
 (2)  the executive council may waive the requirement
 that an applicant not otherwise described by Subdivision (1) pass a
 licensing examination conducted by the executive council under
 Section 505.354 if the applicant:
 (A)  is licensed in good standing in another state
 to independently practice as a social worker; and
 (B)  has independently practiced as a licensed
 social worker in that state for at least the two years preceding the
 date the application is submitted; and
 (3)  the executive council may issue a license to an
 applicant who is currently licensed in another state to
 independently practice social work if:
 (A)  after an assessment, the executive council
 determines that the applicant:
 (i)  demonstrates sufficient experience and
 competence, subject to Subsection (c);
 (ii)  has passed the jurisprudence
 examination conducted by the executive council under Section
 505.3545; and
 (iii)  at the time of the application, is in
 good standing with the regulatory agency of the state in which the
 applicant is licensed; and
 (B)  the applicant presents to the executive
 council credentials that the applicant obtained from a national
 accreditation organization and the executive council determines
 that the requirements to obtain the credentials are sufficient to
 minimize any risk to public safety.
 (c)  An applicant satisfies the requirements of Subsection
 (a)(3)(A)(i) if the applicant:
 (1)  is licensed in good standing in another state to
 independently practice as a social worker; and
 (2)  has independently practiced as a licensed social
 worker in that state for at least the two years preceding the date
 the application is submitted.
 SECTION 7.  The changes in law made by this Act apply only to
 an application for a license submitted on or after the effective
 date of this Act.  An application for a license submitted before the
 effective date of this Act is governed by the law in effect on the
 date the application was submitted, and that law is continued in
 effect for that purpose.
 SECTION 8.  This Act takes effect September 1, 2021.