Texas 2025 - 89th Regular

Texas House Bill HB5421 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Romero H.B. No. 5421
	2	+
	3	+
2	4
3	5
4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the regulation of certain occupations by the Texas
7	9		Behavioral Health Executive Council, including the licensing of
8	10		marriage and family therapists, marriage and family therapist
9	11		associates, professional counselors, professional counselor
10	12		associates, and social workers; authorizing fees.
11	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	14		SECTION 1. Sections 502.151 and 502.1515, Occupations Code,
13	15		are amended to read as follows:
14	16		Sec. 502.151. GENERAL POWERS AND DUTIES OF EXECUTIVE
15	17		COUNCIL. Except as otherwise provided by this chapter, the [The]
16	18		executive council shall:
17	19		(1) determine the qualifications and fitness of a
18	20		license applicant under this chapter; and
19	21		(2) adopt a code of professional ethics for license
20	22		holders.
21	23		Sec. 502.1515. BOARD DUTIES. Except as otherwise provided
22	24		by this chapter, the [The] board shall propose to the executive
23	25		council:
24	26		(1) rules regarding:
25	27		(A) the qualifications necessary to obtain a
26	28		license, including rules limiting an applicant's eligibility for a
27	29		license based on the applicant's criminal history;
28	30		(B) the scope of practice of and standards of
29	31		care and ethical practice for marriage and family therapy; and
30	32		(C) continuing education requirements for
31	33		license holders; and
32	34		(2) a schedule of sanctions for violations of this
33	35		chapter or rules adopted under this chapter.
34	36		SECTION 2. Sections 502.252(b) and (c), Occupations Code,
35	37		are amended to read as follows:
36	38		(b) To qualify for a license as a licensed marriage and
37	39		family therapist associate, a person must:
38	40		(1) be at least 18 years of age;
39	41		(2) have completed a graduate internship in marriage
40	42		and family therapy, or an equivalent internship, as approved by the
41	43		board [executive council];
42	44		(3) pay the examination fee and pass the license
43	45		examination and jurisprudence examination determined by the board;
44	46		(4) hold a master's or doctoral degree in marriage and
45	47		family therapy or in a related mental health field with coursework
46	48		and training determined by the board [executive council} to be
47	49		substantially equivalent to a graduate degree in marriage and
48	50		family therapy from a regionally accredited institution of higher
49	51		education or an institution of higher education approved by the
50	52		executive council;
51	53		(5) [have not been convicted of a felony or a crime
52	54		involving moral turpitude];
53	55		[(6)] not use drugs or alcohol to an extent that
54	56		affects the applicant's professional competency;
55	57		(6) [(7)] not have had a license or certification
56	58		revoked by a licensing agency or by a certifying professional
57	59		organization; and
58	60		(7) [(8)] not have engaged in fraud or deceit in
59	61		applying for a license under this chapter.
60	62		(c) An applicant is eligible to apply for a license as a
61	63		licensed marriage and family therapist if the person:
62	64		(1) meets the requirements of Subsection (b);
63	65		(2) [after receipt of a degree described by Subsection
64	66		(b)(4),] has completed [two years of] work experience in marriage
65	67		and family therapist services that includes the number of hours [at
66	68		least 3,000 hours of clinical practice consisting of at least 1,500
67	69		hours of direct clinical services, including a minimum number of
68	70		hours] providing [direct] clinical services to individuals,
69	71		couples, or families as required by the executive council [rule];
70	72		and
71	73		(3) has completed, in a manner acceptable to the
72	74		executive council, [at least 200 hours of] supervised provision of
73	75		direct clinical services by the applicant for the number of hours as
74	76		determined by the executive council, [100 hours of] which must be
75	77		supervised by an approved supervisor as prescribed by the executive
76	78		council [on an individual basis].
77	79		SECTION 3. Section 502.2545 (a) and (b), Occupations Code,
78	80		is amended to read as follows:
79	81		Sec. 502.2545. WAIVER OF EXAMINATION FOR CERTAIN
80	82		APPLICANTS. (a) The executive council may waive the requirement
81	83		that an applicant for a license as a licensed marriage and family
82	84		therapist pass the examination required by Section 502.254 if the
83	85		applicant[:
84	86		[(1) is a provisional license holder under Section
85	87		502.259 and the executive council determines that the applicant
86	88		possesses sufficient education and professional experience to
87	89		receive a license without further examination; or]
88	90		[(2)] holds a license issued by another licensing
89	91		agency in a profession related to the practice of marriage and
90	92		family therapy and the executive council determines that the
91	93		applicant possesses sufficient education and professional
92	94		experience to receive a license without satisfying the examination
93	95		requirements of this chapter.
94	96		(b) The executive council may adopt rules necessary to
95	97		administer this section, including rules [under Subsection (a)(2)]
96	98		prescribing the professions that are related to the practice of
97	99		marriage and family therapy.
98	100		SECTION 4. The heading to Section 502.259, Occupations
99	101		Code, is amended to read as follows:
100	102		Sec. 502.259. APPLICANTS LICENSED OUT OF STATE [PROVISIONAL
101	103		LICENSE].
102	104		SECTION 5. Sections 502.259(a) and (b), Occupations Code,
103	105		are amended to read as follows:
104	106		(a) The executive council may grant a [provisional] license
105	107		to practice as a marriage and family therapist in this state
106	108		[without examination] to an applicant who is licensed or otherwise
107	109		registered as a marriage and family therapist by another state or
108	110		jurisdiction [if the requirements to be licensed or registered in
109	111		the other state or jurisdiction were, on the date the person was
110	112		licensed or registered, substantially equal to the requirements of
111	113		this chapter].
112	114		(b) An applicant for a [provisional] license under this
113	115		section must:
114	116		(1) be licensed in good standing to independently
115	117		practice as a marriage and family therapist in another state or
116	118		jurisdiction [that has licensing requirements that are
117	119		substantially equal to the requirements of this chapter];
118	120		(2) meet the requirements of Section 502.252(b) [have
119	121		passed a national or other examination that:
120	122		[(A) is recognized by the executive council; and
121	123		[(B) relates to marriage and family therapy];
122	124		and]
123	125		(3) file an application with the appropriate fee in
124	126		the form and manner prescribed [be sponsored by a person licensed]
125	127		by the executive council [with whom the provisional license holder
126	128		may practice under this section].
127	129		SECTION 6. Section 502.301(a), Occupations Code, is amended
128	130		to read as follows:
129	131		(a) A marriage and family therapist license issued under
130	132		this chapter is subject to [biennial] renewal. The executive
131	133		council shall adopt a system under which licenses expire on various
132	134		dates during the year.
133	135		SECTION 7. Subchapter F, Chapter 507, Occupations Code, is
134	136		amended by adding Section 507.260 to read as follows:
135	137		Sec. 507.260. RECIPROCAL LICENSE. The executive council
136	138		may enter into and implement agreements with other jurisdictions
137	139		for the issuance of a license under Chapter 501, 502, 503, or 505 by
138	140		reciprocity if the other jurisdiction's requirements for
139	141		licensing, certification, or registration are substantially equal
140	142		to the requirements of the applicable chapter.
141	143		SECTION 8. The following provisions are repealed:
142	144		(1) Section 501.262, Occupations Code;
143	145		(2) Section 502.254(b), Occupations Code; and
144	146		(3) Sections 502.259(c), (d), and (e), Occupations
145	147		Code.
146	148		SECTION 9. (a) Chapter 502, Occupations Code, as amended by
147	149		this Act, applies only to an application for a license under that
148	150		chapter filed with the Texas Behavioral Health Executive Council on
149	151		or after the effective date of this Act. An application for a
150	152		license filed before the effective date of this Act is governed by
151	153		the law in effect on the date the application was filed, and the
152	154		former law is continued in effect for that purpose.
153	155		(b) Section 502.301(a), Occupations Code, as amended by
154	156		this Act, applies to a license that expires on or after the
155	157		effective date of this Act. A license that expires before that date
156	158		is governed by the law in effect on the date the license expired,
157	159		and the former law is continued in effect for that purpose.
158	160		SECTION 10. This Act takes effect immediately if it
159	161		receives a vote of two-thirds of all the members elected to each
160	162		house, as provided by Section 39, Article III, Texas Constitution.
161	163		If this Act does not receive the vote necessary for immediate
162	164		effect, this Act takes effect September 1, 2025.