BILL ANALYSIS

Senate Research Center	H.B. 1167
88R725 KKR-D	By: Romero, Jr.; Frank (Zaffirini)
	Health & Human Services
	5/12/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The application process for marriage and family therapists, professional counselors, and social workers who move to Texas and seek licensure reciprocity can be lengthy and burdensome. H.B. 1167 would streamline this process by allowing the respective licensing entities to waive some testing and practice hours requirements for applicants who otherwise meet minimum standards. This change would help mitigate the state's shortage of licensed mental health professionals.

H.B. 1167 amends current law relating to the licensing of marriage and family therapists, marriage and family therapist associates, professional counselors, professional counselor associates, and social workers, including certain out-of-state applicants.

RULEMAKING AUTHORITY

Rulemaking authority previously granted to the Texas State Board of Examiners of Marriage and Family Therapists is modified in SECTION 1 (Section 502.1515, Occupations Code) of this bill.

Rulemaking authority previously granted to the Texas Behavioral Health Executive Council is transferred to the Texas State Board of Examiners of Marriage and Family Therapists and modified in SECTION 2 (Section 502.252, Occupations Code).

Rulemaking authority previously granted to the Texas Behavioral Health Executive Council is modified in SECTION 3 (Section 502.2545, Occupations Code), SECTION 5 (Section 503.201, Occupations Code), and SECTION 9 (Section 503.308, Occupations Code) of this bill.

Rulemaking authority previously granted to the Texas State Board of Examiners of Marriage and Family Therapists is modified in SECTION 6 (Section 502.2015, Occupations Code) of this bill.

Rulemaking authority previously granted to the Texas Behavioral Health Executive Council is rescinded in SECTION 7 (Section 503.302, Occupations Code) and SECTION 8 (Section 503.3025, Occupations Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 502.151 and 502.1515, Occupations Code, as follows:

Sec. 502.151. GENERAL POWERS AND DUTIES OF EXECUTIVE COUNCIL. Creates an exception under Chapter 502 (Marriage and Family Therapists). Makes a nonsubstantive change.

Sec. 502.1515. BOARD DUTIES. Creates an exception under this chapter. Makes a nonsubstantive change.

SECTION 2. Amends Section 502.252, Occupations Code, by amending Subsections (b) and (c) and adding Subsections (d) and (e), as follows:

(b) Requires a person, to qualify for a license as a licensed marriage and family therapist associate, to:

(1)-(3) makes no change to these subdivisions;

(4) hold a master's or doctoral degree in marriage and family therapy or in a related mental health field with coursework and training determined by the Texas State Board of Examiners of Marriage and Family Therapists (BMFT), rather than the Texas Behavioral Health Executive Council (executive council), to be substantially equivalent to a graduate degree in marriage and family therapy from a regionally accredited institution of higher education or an institution of higher education approved by the executive council; and

(5)-(8) makes no changes to these subdivisions.

(c) Provides that an applicant is eligible to apply for a license as a licensed marriage and family therapist if the person:

(1) makes no changes to this subdivision;

(2) after receipt of a degree described by Subsection (b)(4), has completed two years of work experience in marriage and family therapist services that includes at least 3,000 hours of clinical practice consisting of at least 1,500 hours of direct clinical services, including a minimum number of hours providing direct clinical services to couples or families as required by BMFT rule, rather than by executive council rule; and

(3) has completed, in a manner acceptable to BMFT, rather than to the executive council, at least 200 hours of supervised provision of direct clinical services by the applicant, 100 hours of which are required to be supervised on an individual basis.

(d) Provides that Subsections (c)(2) and (c)(3) do not apply to an applicant who is licensed in good standing in another state to independently practice as a licensed marriage and family therapist and who has independently practiced as a licensed marriage and family therapist in that state before the date the application is submitted.

(e) Authorizes an applicant for a license as a licensed marriage and family therapist who practiced as a licensed marriage and family therapist associate in another state to count that out-of-state experience toward the requirements under Subsections (c)(2) and (c)(3) if the applicant is licensed in good standing as a marriage and family therapist associate in that state and based on a review of that experience by a licensed supervisor in this state, BMFT determines that the experience is acceptable.

SECTION 3. Amends Sections 502.2545(a) and (b), Occupations Code, as follows:

(a) Authorizes BMFT, rather than the executive council, to waive the requirement that an applicant for a licensed marriage and family therapist pass the examination required by Section 502.254 (License Examination) if the applicant meets certain criteria, including the criteria provided in Section 502.252(d). Makes nonsubstantive changes.

(b) Authorizes the executive council, subject to approval by BMFT, to adopt certain rules.

SECTION 4. Amends Section 502.259(b), Occupations Code, as follows:

(b) Requires an applicant for a provisional license to meet certain criteria, including being licensed in good standing as a marriage and family therapist or a marriage and family therapist associate in another state or jurisdiction that has licensing requirements that are substantially equal to the requirements of this chapter. Makes a conforming change.

SECTION 5. Amends Section 503.201(a), Occupations Code, to create an exception under Chapter 503 (Licensed Professional Counselors). Makes a nonsubstantive change.

SECTION 6. Amends Section 503.2015, Occupations Code, as follows:

Sec. 503.2015. BOARD DUTIES. Creates an exception under this chapter. Makes a nonsubstantive change.

SECTION 7. Amends Section 503.302, Occupations Code, by amending Subsection (a) and adding Subsections (a-1) and (a-2), as follows:

(a) Provides that a person qualifies for a license under this chapter if the person:

(1)-(2) makes no changes to these subdivisions;

(3) has successfully completed a graduate degree at a regionally accredited institution of higher education and the number of graduate semester hours required by BMFT, rather than by executive council rule, which is prohibited from being less than 48 hours and is required to include at least 300 clock hours of supervised practicum that meets certain standards established by BMFT, rather than by the executive council.

(4)-(6) makes no change to these subdivisions; and

(7) meets any other requirement established by BMFT or the executive council, rather than any other requirement prescribed by the executive council.

(a-1) Provides that Subsection (a)(4) excludes an applicant who is licensed in good standing in another state to independently practice as a professional counselor or as an art therapist and who 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) Authorizes the executive council to 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). Requires the applicant to pass the jurisprudence examination.

SECTION 8. Amends Section 503.3025, Occupations Code, as follows:

Sec. 503.3025. EXPERIENCE REQUIRED TO ACT AS A SUPERVISOR. Authorizes a license holder who has practiced as a licensed counselor in another state to count that out-of-state experience toward any experience that the license holder is required to obtain to act as a supervisor under this chapter if the other state has license requirements substantially equivalent to the requirements of this chapter. Deletes text requiring the executive council to allow a license holder who has practiced as a licensed counselor in another state to count that out-of-state experience toward any experience that the license holder as required by executive council rule to obtain to act as a supervisor under this chapter if the executive council determines that the other state has license requirements substantially equivalent to the requirements of this chapter.

SECTION 9. Amends Section 503.308, Occupations Code, as follows:

Sec. 503.308. New heading: ASSOCIATE LICENSE. (a) Authorizes BMFT to establish and the executive council to provide for the issuance of an associate license, rather than authorizes the executive council by rule to provide for the issuance of a temporary license. Makes a conforming change.

(b) Makes a conforming change to this subsection.

SECTION 10. Amends Section 505.3575, Occupations Code, by amending Subsection (a) and adding Subsection (c), as follows:

(a) Provides that, notwithstanding any other licensing requirement of Subchapter G (License Requirements):

(1) makes a nonsubstantive change to this subdivision;

(2) the executive council is authorized to 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 (Examination) if the applicant is licensed in good standing in another state to independently practice as a social worker and has independently practiced as a licensed social worker in that state for at least one year preceding the date the application is submitted; and

(3) the executive council is authorized to issue a license to an applicant who is currently licensed in another state to independently practice social work if certain criteria are met, including if after an assessment, the executive council determines that the applicant demonstrates sufficient experience and competence, subject to Subsection (c). Makes a nonsubstantive change.

(c) Provides that an applicant satisfies the requirements of Subsection(a)(3)(A)(i) (relating to demonstrating sufficient experience and competence for the issuance of a license, subject to Subsection (c)), if the applicant is licensed in good standing in another state to independently practice as a social worker and has independently practiced as a licensed social worker in that state for at least one year preceding the date the application is submitted.

SECTION 11. Makes application of this Act prospective.

SECTION 12. Effective date: September 1, 2023.