BILL ANALYSIS

 

 

 

H.B. 1167

By: Romero, Jr.

Human Services

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Texas faces a shortage of mental health professionals, and this shortage is expected to worsen in coming years as many of the most skilled practitioners near retirement age. Current standards for supervision hours and licensing exams for mental health professionals seeking to practice in Texas vary by type of licensure, and supervision hour requirements for different licenses vary by state. This can result in denied or delayed licensure reciprocity, even for mental health professionals who are in good standing in their state of origin. H.B. 1167 seeks to streamline the process of licensing marriage and family therapists, marriage and family therapist associates, professional counselors, professional counselor associates, and social workers and to update standards for qualified, experienced mental health professionals that seek licensure reciprocity in Texas.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that rulemaking authority is expressly granted to the Texas State Board of Examiners of Marriage and Family Therapists in SECTION 2 of this bill.

 

ANALYSIS

 

H.B. 1167 amends the Occupations Code to clarify the respective roles of the Texas Behavioral Health Executive Council (BHEC) and applicable professional licensing boards in the licensure and licensure reciprocity process for marriage and family therapists, professional counselors, and social workers. Among other changes specifying that certain powers and duties lie with the applicable licensing boards instead of BHEC, the bill makes the following changes as detailed below.

 

Marriage and Family Therapists

 

H.B. 1167 specifies that the minimum number of hours providing direct clinical services to couples or families that is required for a marriage and family therapist license is determined by rule of the Texas State Board of Examiners of Marriage and Family Therapists.

 

H.B. 1167 exempts a license applicant who is licensed in good standing in another state to independently practice as such a therapist and who has independently practiced in that state before the date the application is submitted from the following licensing requirements:

·         the requirement to have completed, after receipt of the requisite degree, two years of work experience in marriage and family therapist services that satisfies certain clinical practice requirements; and

·         the requirement to have completed at least 200 hours of supervised provision of direct clinical services by the applicant, 100 hours of which must be supervised on an individual basis.

The bill authorizes the licensing board to waive the requirement that such an applicant pass the required license examination. An applicant who practiced as a licensed marriage and family therapist associate in another state may count that out-of-state experience toward the specified work experience and supervision hour requirements if the applicant is licensed in good standing as such an associate in that state and the licensing board determines that the experience is acceptable based on a review by a licensed supervisor in Texas. The bill extends eligibility for a provisional license to an applicant who is licensed as a marriage and family therapist associate in another state or jurisdiction and who meets other applicable requirements.

 

Professional Counselors

 

H.B. 1167 exempts an applicant for a professional counselor license who meets the following criteria from the requirement to have completed the number of supervised experience hours required by BHEC rule:

·         the applicant is licensed in good standing in another state to independently practice as a professional counselor or as an art therapist; and

·         the applicant has independently practiced as such in that state for at least the two years preceding the date the application is submitted.

BHEC may waive the requirement that an applicant pass the required license examination if the applicant meets such criteria, but the applicant is still required to pass the jurisprudence examination. With respect to the requirement that an applicant's academic course work include 300 clock hours of supervised practicum, the bill clarifies that the number of required hours is at least 300.

 

H.B. 1167 revises provisions relating to a professional counselor license holder's ability to count out-of-state experience toward any experience the license holder is required to obtain to act as a supervisor if the other state has license requirements substantially equivalent to those in Texas by removing the role of BHEC in determining that the requirements are equivalent.

 

H.B. 1167 replaces the authorization for BHEC by rule to provide for the issuance of a temporary professional counselor license with an authorization for the Texas State Board of Examiners of Professional Counselors to establish and BHEC to provide for the issuance of an associate professional counselor license.

 

Social Workers

 

H.B. 1167 authorizes BHEC to waive the requirement that an applicant for a social worker license pass a licensing examination conducted by BHEC if the applicant is licensed in good standing in another state to independently practice as a social worker and has independently practiced as such in that state for at least one year preceding the date the application is submitted. The bill establishes that such an applicant has satisfied the requirement to demonstrate sufficient experience and competence to be issued the license.

 

Applicability

 

H.B. 1167 applies only to an application for a license submitted on or after the bill's effective date.

 

EFFECTIVE DATE

 

September 1, 2023.