Texas 2021 - 87th Regular

Texas House Bill HB3626 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Romero, Jr., et al. (Senate Sponsor - Zaffirini) H.B. No. 3626
2		-	(In the Senate - Received from the House May 10, 2021;
3		-	May 14, 2021, read first time and referred to Committee on Health &
4		-	Human Services; May 21, 2021, reported favorably by the following
5		-	vote: Yeas 9, Nays 0; May 22, 2021, sent to printer.)
6		-	Click here to see the committee vote
	1	+	By: Romero, Jr., Frank, Coleman, H.B. No. 3626
	2	+	Morales Shaw
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to the licensing of marriage and family therapists,
12	8		marriage and family therapist associates, professional counselors,
13	9		professional counselor associates, and social workers, including
14	10		certain out-of-state applicants.
15	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	12		SECTION 1. Sections 502.151 and 502.1515, Occupations Code,
17	13		are amended to read as follows:
18	14		Sec. 502.151. GENERAL POWERS AND DUTIES OF EXECUTIVE
19	15		COUNCIL. Except as otherwise provided by this chapter, the [The]
20	16		executive council shall:
21	17		(1) determine the qualifications and fitness of a
22	18		license applicant under this chapter; and
23	19		(2) adopt a code of professional ethics for license
24	20		holders.
25	21		Sec. 502.1515. BOARD DUTIES. Except as otherwise provided
26	22		by this chapter, the [The] board shall propose to the executive
27	23		council:
28	24		(1) rules regarding:
29	25		(A) the qualifications necessary to obtain a
30	26		license, including rules limiting an applicant's eligibility for a
31	27		license based on the applicant's criminal history;
32	28		(B) the scope of practice of and standards of
33	29		care and ethical practice for marriage and family therapy; and
34	30		(C) continuing education requirements for
35	31		license holders; and
36	32		(2) a schedule of sanctions for violations of this
37	33		chapter or rules adopted under this chapter.
38	34		SECTION 2. Section 502.252, Occupations Code, is amended by
39	35		amending Subsections (b) and (c) and adding Subsections (d) and (e)
40	36		to read as follows:
41	37		(b) To qualify for a license as a licensed marriage and
42	38		family therapist associate, a person must:
43	39		(1) be at least 18 years of age;
44	40		(2) have completed a graduate internship in marriage
45	41		and family therapy, or an equivalent internship, as approved by the
46	42		executive council;
47	43		(3) pass the license examination and jurisprudence
48	44		examination determined by the board;
49	45		(4) hold a master's or doctoral degree in marriage and
50	46		family therapy or in a related mental health field with coursework
51	47		and training determined by the board [executive council] to be
52	48		substantially equivalent to a graduate degree in marriage and
53	49		family therapy from a regionally accredited institution of higher
54	50		education or an institution of higher education approved by the
55	51		executive council;
56	52		(5) have not been convicted of a felony or a crime
57	53		involving moral turpitude;
58	54		(6) not use drugs or alcohol to an extent that affects
59	55		the applicant's professional competency;
60	56		(7) not have had a license or certification revoked by
61	57		a licensing agency or by a certifying professional organization;
62	58		and
63	59		(8) not have engaged in fraud or deceit in applying for
64	60		a license under this chapter.
65	61		(c) An applicant is eligible to apply for a license as a
66	62		licensed marriage and family therapist if the person:
67	63		(1) meets the requirements of Subsection (b);
68	64		(2) after receipt of a degree described by Subsection
69	65		(b)(4), has completed two years of work experience in marriage and
70	66		family therapist services that includes at least 3,000 hours of
71	67		clinical practice consisting of at least 1,500 hours of direct
72	68		clinical services, including a minimum number of hours providing
73	69		direct clinical services to couples or families as required by
74	70		board [executive council] rule; and
75	71		(3) has completed, in a manner acceptable to the board
76	72		[executive council], at least 200 hours of supervised provision of
77	73		direct clinical services by the applicant, 100 hours of which must
78	74		be supervised on an individual basis.
79	75		(d) Subsections (c)(2) and (c)(3) do not apply to an
80	76		applicant who:
81	77		(1) is licensed in good standing in another state to
82	78		independently practice as a licensed marriage and family therapist;
83	79		and
84	80		(2) has independently practiced as a licensed marriage
85	81		and family therapist in that state before the date the application
86	82		is submitted.
87	83		(e) An applicant for a license as a licensed marriage and
88	84		family therapist who practiced as a licensed marriage and family
89	85		therapist associate in another state may count that out-of-state
90	86		experience toward the requirements under Subsections (c)(2) and
91	87		(c)(3) if:
92	88		(1) the applicant is licensed in good standing as a
93	89		marriage and family therapist associate in that state; and
94	90		(2) based on a review of that experience by a licensed
95	91		supervisor in this state, the board determines that the experience
96	92		is acceptable.
97	93		SECTION 3. Sections 502.2545(a) and (b), Occupations Code,
98	94		are amended to read as follows:
99	95		(a) The board [executive council] may waive the requirement
100	96		that an applicant for a license as a licensed marriage and family
101	97		therapist pass the examination required by Section 502.254 if the
102	98		applicant:
103	99		(1) is a provisional license holder under Section
104	100		502.259 and the executive council determines that the applicant
105	101		possesses sufficient education and professional experience to
106	102		receive a license without further examination; [or]
107	103		(2) holds a license issued by another licensing agency
108	104		in a profession related to the practice of marriage and family
109	105		therapy and the executive council determines that the applicant
110	106		possesses sufficient education and professional experience to
111	107		receive a license without satisfying the examination requirements
112	108		of this chapter; or
113	109		(3) meets the criteria provided by Section 502.252(d).
114	110		(b) The executive council may, subject to approval by the
115	111		board, adopt rules necessary to administer this section, including
116	112		rules under Subsection (a)(2) prescribing the professions that are
117	113		related to the practice of marriage and family therapy.
118	114		SECTION 4. Section 502.259(b), Occupations Code, is amended
119	115		to read as follows:
120	116		(b) An applicant for a provisional license must:
121	117		(1) be licensed in good standing as a marriage and
122	118		family therapist or a marriage and family therapist associate in
123	119		another state or jurisdiction that has licensing requirements that
124	120		are substantially equal to the requirements of this chapter;
125	121		(2) have passed a national or other examination that:
126	122		(A) is recognized by the board [executive
127	123		council]; and
128	124		(B) relates to marriage and family therapy; and
129	125		(3) be sponsored by a person licensed by the executive
130	126		council with whom the provisional license holder may practice under
131	127		this section.
132	128		SECTION 5. Section 503.201(a), Occupations Code, is amended
133	129		to read as follows:
134	130		(a) Except as otherwise provided by this chapter, the [The]
135	131		executive council shall:
136	132		(1) determine the qualifications and fitness of an
137	133		applicant for a license, license renewal, or provisional license;
138	134		(2) examine for, deny, approve, issue, revoke,
139	135		suspend, suspend on an emergency basis, place on probation, and
140	136		renew the license of an applicant or license holder under this
141	137		chapter;
142	138		(3) adopt and publish a code of ethics; and
143	139		(4) by rule adopt a list of authorized counseling
144	140		methods or practices that a license holder may undertake or
145	141		perform.
146	142		SECTION 6. Section 503.2015, Occupations Code, is amended
147	143		to read as follows:
148	144		Sec. 503.2015. BOARD DUTIES. Except as otherwise provided
149	145		by this chapter, the [The] board shall propose to the executive
150	146		council:
151	147		(1) rules regarding:
152	148		(A) the qualifications necessary to obtain a
153	149		license, including rules limiting an applicant's eligibility for a
154	150		license based on the applicant's criminal history;
155	151		(B) the scope of practice of and standards of
156	152		care and ethical practice for professional counseling; and
157	153		(C) continuing education requirements for
158	154		license holders; and
159	155		(2) a schedule of sanctions for violations of this
160	156		chapter or rules adopted under this chapter.
161	157		SECTION 7. Section 503.302, Occupations Code, is amended by
162	158		amending Subsection (a) and adding Subsections (a-1) and (a-2) to
163	159		read as follows:
164	160		(a) A person qualifies for a license under this chapter if
165	161		the person:
166	162		(1) is at least 18 years old;
167	163		(2) has a master's or doctoral degree in counseling or
168	164		a related field;
169	165		(3) has successfully completed a graduate degree at a
170	166		regionally accredited institution of higher education and the
171	167		number of graduate semester hours required by the board [executive
172	168		council rule], which may not be less than 48 hours and must include
173	169		at least 300 clock hours of supervised practicum that:
174	170		(A) is primarily counseling in nature; and
175	171		(B) meets the specific academic course content
176	172		and training standards established by the board [executive
177	173		council];
178	174		(4) has completed the number of supervised experience
179	175		hours required by executive council rule, which may not be less than
180	176		3,000 hours working in a counseling setting that meets the
181	177		requirements established by the executive council after the
182	178		completion of the graduate program described by Subdivision (3);
183	179		(5) passes the license examination and jurisprudence
184	180		examination required by this chapter;
185	181		(6) submits an application as required by the
186	182		executive council, accompanied by the required application fee; and
187	183		(7) meets any other requirement established by the
188	184		board or [prescribed by] the executive council.
189	185		(a-1) Subsection (a)(4) does not apply to an applicant who:
190	186		(1) is licensed in good standing in another state to
191	187		independently practice as a professional counselor or as an art
192	188		therapist; and
193	189		(2) has independently practiced as a professional
194	190		counselor or an art therapist in that state for at least the two
195	191		years preceding the date the application is submitted.
196	192		(a-2) The executive council may waive the requirement that
197	193		an applicant pass the license examination required by Subsection
198	194		(a)(5) if the applicant meets the criteria provided by Subsection
199	195		(a-1). The applicant must pass the jurisprudence examination.
200	196		SECTION 8. Section 503.3025, Occupations Code, is amended
201	197		to read as follows:
202	198		Sec. 503.3025. EXPERIENCE REQUIRED TO ACT AS SUPERVISOR. A
203	199		[The executive council shall allow a] license holder who has
204	200		practiced as a licensed counselor in another state may [to] count
205	201		that out-of-state experience toward any experience that the license
206	202		holder is required [by executive council rule] to obtain to act as a
207	203		supervisor under this chapter if the [executive council determines
208	204		that the] other state has license requirements substantially
209	205		equivalent to the requirements of this chapter.
210	206		SECTION 9. Section 503.308, Occupations Code, is amended to
211	207		read as follows:
212	208		Sec. 503.308. ASSOCIATE [TEMPORARY] LICENSE. (a) The
213	209		board may establish and the executive council [by rule] may provide
214	210		for the issuance of an associate [a temporary] license. Rules
215	211		adopted under this subsection must provide a time limit for the
216	212		period an associate [a temporary] license is valid.
217	213		(b) The executive council by rule may adopt a system under
218	214		which an associate [a temporary] license may be issued to a person
219	215		who:
220	216		(1) meets all of the academic requirements for
221	217		licensing; and
222	218		(2) enters into a supervisory agreement with a
223	219		supervisor approved by the executive council.
224	220		SECTION 10. Section 505.3575, Occupations Code, is amended
225	221		by amending Subsection (a) and adding Subsection (c) to read as
226	222		follows:
227	223		(a) Notwithstanding any other licensing requirement of this
228	224		subchapter:
229	225		(1) the executive council may not require an applicant
230	226		who is licensed in good standing in another state to pass a
231	227		licensing examination conducted by the executive council under
232	228		Section 505.354 if an applicant with substantially equivalent
233	229		experience who resides in this state would not be required to take
234	230		the licensing examination; [and]
235	231		(2) the executive council may waive the requirement
236	232		that an applicant not otherwise described by Subdivision (1) pass a
237	233		licensing examination conducted by the executive council under
238	234		Section 505.354 if the applicant:
239	235		(A) is licensed in good standing in another state
240	236		to independently practice as a social worker; and
241	237		(B) has independently practiced as a licensed
242	238		social worker in that state for at least one year preceding the date
243	239		the application is submitted; and
244	240		(3) the executive council may issue a license to an
245	241		applicant who is currently licensed in another state to
246	242		independently practice social work if:
247	243		(A) after an assessment, the executive council
248	244		determines that the applicant:
249	245		(i) demonstrates sufficient experience and
250	246		competence, subject to Subsection (c);
251	247		(ii) has passed the jurisprudence
252	248		examination conducted by the executive council under Section
253	249		505.3545; and
254	250		(iii) at the time of the application, is in
255	251		good standing with the regulatory agency of the state in which the
256	252		applicant is licensed; and
257	253		(B) the applicant presents to the executive
258	254		council credentials that the applicant obtained from a national
259	255		accreditation organization and the executive council determines
260	256		that the requirements to obtain the credentials are sufficient to
261	257		minimize any risk to public safety.
262	258		(c) An applicant satisfies the requirements of Subsection
263	259		(a)(3)(A)(i) if the applicant:
264	260		(1) is licensed in good standing in another state to
265	261		independently practice as a social worker; and
266	262		(2) has independently practiced as a licensed social
267	263		worker in that state for at least one year preceding the date the
268	264		application is submitted.
269	265		SECTION 11. The changes in law made by this Act apply only
270	266		to an application for a license submitted on or after the effective
271	267		date of this Act. An application for a license submitted before the
272	268		effective date of this Act is governed by the law in effect on the
273	269		date the application was submitted, and that law is continued in
274	270		effect for that purpose.
275	271		SECTION 12. This Act takes effect September 1, 2021.
276		-	* * * * *