Texas 2025 - 89th Regular

Texas Senate Bill SB51 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R795 JCG-D
2	2	By: Zaffirini S.B. No. 51
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the licensing of marriage and family therapists,
10	10	marriage and family therapist associates, professional counselors,
11	11	professional counselor associates, and social workers, including
12	12	certain out-of-state applicants.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Sections 502.151 and 502.1515, Occupations Code,
15	15	are amended to read as follows:
16	16	Sec. 502.151. GENERAL POWERS AND DUTIES OF EXECUTIVE
17	17	COUNCIL. Except as otherwise provided by this chapter, the [The]
18	18	executive council shall:
19	19	(1) determine the qualifications and fitness of a
20	20	license applicant under this chapter; and
21	21	(2) adopt a code of professional ethics for license
22	22	holders.
23	23	Sec. 502.1515. BOARD DUTIES. Except as otherwise provided
24	24	by this chapter, the [The] board shall propose to the executive
25	25	council:
26	26	(1) rules regarding:
27	27	(A) the qualifications necessary to obtain a
28	28	license, including rules limiting an applicant's eligibility for a
29	29	license based on the applicant's criminal history;
30	30	(B) the scope of practice of and standards of
31	31	care and ethical practice for marriage and family therapy; and
32	32	(C) continuing education requirements for
33	33	license holders; and
34	34	(2) a schedule of sanctions for violations of this
35	35	chapter or rules adopted under this chapter.
36	36	SECTION 2. Section 502.252, Occupations Code, is amended by
37	37	amending Subsections (b) and (c) and adding Subsections (d) and (e)
38	38	to read as follows:
39	39	(b) To qualify for a license as a licensed marriage and
40	40	family therapist associate, a person must:
41	41	(1) be at least 18 years of age;
42	42	(2) have completed a graduate internship in marriage
43	43	and family therapy, or an equivalent internship, as approved by the
44	44	executive council;
45	45	(3) pass the license examination and jurisprudence
46	46	examination determined by the board;
47	47	(4) hold a master's or doctoral degree in marriage and
48	48	family therapy or in a related mental health field with coursework
49	49	and training determined by the board [executive council] to be
50	50	substantially equivalent to a graduate degree in marriage and
51	51	family therapy from a regionally accredited institution of higher
52	52	education or an institution of higher education approved by the
53	53	executive council;
54	54	(5) have not been convicted of a felony or a crime
55	55	involving moral turpitude;
56	56	(6) not use drugs or alcohol to an extent that affects
57	57	the applicant's professional competency;
58	58	(7) not have had a license or certification revoked by
59	59	a licensing agency or by a certifying professional organization;
60	60	and
61	61	(8) not have engaged in fraud or deceit in applying for
62	62	a license under this chapter.
63	63	(c) An applicant is eligible to apply for a license as a
64	64	licensed marriage and family therapist if the person:
65	65	(1) meets the requirements of Subsection (b);
66	66	(2) after receipt of a degree described by Subsection
67	67	(b)(4), has completed two years of work experience in marriage and
68	68	family therapist services that includes at least 3,000 hours of
69	69	clinical practice consisting of at least 1,500 hours of direct
70	70	clinical services, including a minimum number of hours providing
71	71	direct clinical services to couples or families as required by
72	72	board [executive council] rule; and
73	73	(3) has completed, in a manner acceptable to the board
74	74	[executive council], at least 200 hours of supervised provision of
75	75	direct clinical services by the applicant, 100 hours of which must
76	76	be supervised on an individual basis.
77	77	(d) Subsections (c)(2) and (c)(3) do not apply to an
78	78	applicant who:
79	79	(1) is licensed in good standing in another state to
80	80	independently practice as a licensed marriage and family therapist;
81	81	and
82	82	(2) has independently practiced as a licensed marriage
83	83	and family therapist in that state before the date the application
84	84	is submitted.
85	85	(e) An applicant for a license as a licensed marriage and
86	86	family therapist who practiced as a licensed marriage and family
87	87	therapist associate in another state may count that out-of-state
88	88	experience toward the requirements under Subsections (c)(2) and
89	89	(c)(3) if:
90	90	(1) the applicant is licensed in good standing as a
91	91	marriage and family therapist associate in that state; and
92	92	(2) based on a review of that experience by a licensed
93	93	supervisor in this state, the board determines that the experience
94	94	is acceptable.
95	95	SECTION 3. Sections 502.2545(a) and (b), Occupations Code,
96	96	are amended to read as follows:
97	97	(a) The board [executive council] may waive the requirement
98	98	that an applicant for a license as a licensed marriage and family
99	99	therapist pass the examination required by Section 502.254 if the
100	100	applicant:
101	101	(1) is a provisional license holder under Section
102	102	502.259 and the executive council determines that the applicant
103	103	possesses sufficient education and professional experience to
104	104	receive a license without further examination; [or]
105	105	(2) holds a license issued by another licensing agency
106	106	in a profession related to the practice of marriage and family
107	107	therapy and the executive council determines that the applicant
108	108	possesses sufficient education and professional experience to
109	109	receive a license without satisfying the examination requirements
110	110	of this chapter; or
111	111	(3) meets the criteria provided by Section 502.252(d).
112	112	(b) The executive council may, subject to approval by the
113	113	board, adopt rules necessary to administer this section, including
114	114	rules under Subsection (a)(2) prescribing the professions that are
115	115	related to the practice of marriage and family therapy.
116	116	SECTION 4. Section 502.259(b), Occupations Code, is amended
117	117	to read as follows:
118	118	(b) An applicant for a provisional license must:
119	119	(1) be licensed in good standing as a marriage and
120	120	family therapist or a marriage and family therapist associate in
121	121	another state or jurisdiction that has licensing requirements that
122	122	are substantially equal to the requirements of this chapter;
123	123	(2) have passed a national or other examination that:
124	124	(A) is recognized by the board [executive
125	125	council]; and
126	126	(B) relates to marriage and family therapy; and
127	127	(3) be sponsored by a person licensed by the executive
128	128	council with whom the provisional license holder may practice under
129	129	this section.
130	130	SECTION 5. Section 503.201(a), Occupations Code, is amended
131	131	to read as follows:
132	132	(a) Except as otherwise provided by this chapter, the [The]
133	133	executive council shall:
134	134	(1) determine the qualifications and fitness of an
135	135	applicant for a license, license renewal, or provisional license;
136	136	(2) examine for, deny, approve, issue, revoke,
137	137	suspend, suspend on an emergency basis, place on probation, and
138	138	renew the license of an applicant or license holder under this
139	139	chapter;
140	140	(3) adopt and publish a code of ethics; and
141	141	(4) by rule adopt a list of authorized counseling
142	142	methods or practices that a license holder may undertake or
143	143	perform.
144	144	SECTION 6. Section 503.2015, Occupations Code, is amended
145	145	to read as follows:
146	146	Sec. 503.2015. BOARD DUTIES. Except as otherwise provided
147	147	by this chapter, the [The] board shall propose to the executive
148	148	council:
149	149	(1) rules regarding:
150	150	(A) the qualifications necessary to obtain a
151	151	license, including rules limiting an applicant's eligibility for a
152	152	license based on the applicant's criminal history;
153	153	(B) the scope of practice of and standards of
154	154	care and ethical practice for professional counseling; and
155	155	(C) continuing education requirements for
156	156	license holders; and
157	157	(2) a schedule of sanctions for violations of this
158	158	chapter or rules adopted under this chapter.
159	159	SECTION 7. Section 503.302, Occupations Code, is amended by
160	160	amending Subsection (a) and adding Subsections (a-1) and (a-2) to
161	161	read as follows:
162	162	(a) A person qualifies for a license under this chapter if
163	163	the person:
164	164	(1) is at least 18 years old;
165	165	(2) has a master's or doctoral degree in counseling or
166	166	a related field;
167	167	(3) has successfully completed a graduate degree at a
168	168	regionally accredited institution of higher education and the
169	169	number of graduate semester hours required by the board [executive
170	170	council rule], which may not be less than 48 hours and must include
171	171	at least 300 clock hours of supervised practicum that:
172	172	(A) is primarily counseling in nature; and
173	173	(B) meets the specific academic course content
174	174	and training standards established by the board [executive
175	175	council];
176	176	(4) has completed the number of supervised experience
177	177	hours required by executive council rule, which may not be less than
178	178	3,000 hours working in a counseling setting that meets the
179	179	requirements established by the executive council after the
180	180	completion of the graduate program described by Subdivision (3);
181	181	(5) passes the license examination and jurisprudence
182	182	examination required by this chapter;
183	183	(6) submits an application as required by the
184	184	executive council, accompanied by the required application fee; and
185	185	(7) meets any other requirement established by the
186	186	board or [prescribed by] the executive council.
187	187	(a-1) Subsection (a)(4) does not apply to an applicant who:
188	188	(1) is licensed in good standing in another state to
189	189	independently practice as a professional counselor or as an art
190	190	therapist; and
191	191	(2) has independently practiced as a professional
192	192	counselor or an art therapist in that state for at least the two
193	193	years preceding the date the application is submitted.
194	194	(a-2) The executive council may waive the requirement that
195	195	an applicant pass the license examination required by Subsection
196	196	(a)(5) if the applicant meets the criteria provided by Subsection
197	197	(a-1). The applicant must pass the jurisprudence examination.
198	198	SECTION 8. Section 503.3025, Occupations Code, is amended
199	199	to read as follows:
200	200	Sec. 503.3025. EXPERIENCE REQUIRED TO ACT AS SUPERVISOR. A
201	201	[The executive council shall allow a] license holder who has
202	202	practiced as a licensed counselor in another state may [to] count
203	203	that out-of-state experience toward any experience that the license
204	204	holder is required by [executive council] rule to obtain to act as a
205	205	supervisor under this chapter if the [executive council determines
206	206	that the] other state has license requirements substantially
207	207	equivalent to the requirements of this chapter.
208	208	SECTION 9. Section 503.308, Occupations Code, is amended to
209	209	read as follows:
210	210	Sec. 503.308. ASSOCIATE [TEMPORARY] LICENSE. (a) The
211	211	board may establish and the executive council [by rule] may provide
212	212	for the issuance of an associate [a temporary] license. Rules
213	213	adopted under this subsection must provide a time limit for the
214	214	period an associate [a temporary] license is valid.
215	215	(b) The executive council by rule may adopt a system under
216	216	which an associate [a temporary] license may be issued to a person
217	217	who:
218	218	(1) meets all of the academic requirements for
219	219	licensing; and
220	220	(2) enters into a supervisory agreement with a
221	221	supervisor approved by the executive council.
222	222	SECTION 10. Section 505.3575, Occupations Code, is amended
223	223	by amending Subsection (a) and adding Subsection (c) to read as
224	224	follows:
225	225	(a) Notwithstanding any other licensing requirement of this
226	226	subchapter:
227	227	(1) the executive council may not require an applicant
228	228	who is licensed in good standing in another state to pass a
229	229	licensing examination conducted by the executive council under
230	230	Section 505.354 if an applicant with substantially equivalent
231	231	experience who resides in this state would not be required to take
232	232	the licensing examination; [and]
233	233	(2) the executive council may waive the requirement
234	234	that an applicant not otherwise described by Subdivision (1) pass a
235	235	licensing examination conducted by the executive council under
236	236	Section 505.354 if the applicant:
237	237	(A) is licensed in good standing in another state
238	238	to independently practice as a social worker; and
239	239	(B) has independently practiced as a licensed
240	240	social worker in that state for at least one year preceding the date
241	241	the application is submitted; and
242	242	(3) the executive council may issue a license to an
243	243	applicant who is currently licensed in another state to
244	244	independently practice social work if:
245	245	(A) after an assessment, the executive council
246	246	determines that the applicant:
247	247	(i) demonstrates sufficient experience and
248	248	competence, subject to Subsection (c);
249	249	(ii) has passed the jurisprudence
250	250	examination conducted by the executive council under Section
251	251	505.3545; and
252	252	(iii) at the time of the application, is in
253	253	good standing with the regulatory agency of the state in which the
254	254	applicant is licensed; and
255	255	(B) the applicant presents to the executive
256	256	council credentials that the applicant obtained from a national
257	257	accreditation organization and the executive council determines
258	258	that the requirements to obtain the credentials are sufficient to
259	259	minimize any risk to public safety.
260	260	(c) An applicant satisfies the requirements of Subsection
261	261	(a)(3)(A)(i) if the applicant:
262	262	(1) is licensed in good standing in another state to
263	263	independently practice as a social worker; and
264	264	(2) has independently practiced as a licensed social
265	265	worker in that state for at least one year preceding the date the
266	266	application is submitted.
267	267	SECTION 11. The changes in law made by this Act apply only
268	268	to an application for a license submitted on or after the effective
269	269	date of this Act. An application for a license submitted before the
270	270	effective date of this Act is governed by the law in effect on the
271	271	date the application was submitted, and that law is continued in
272	272	effect for that purpose.
273	273	SECTION 12. This Act takes effect September 1, 2025.