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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing of marriage and family therapists, |
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marriage and family therapist associates, professional counselors, |
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professional counselor associates, and social workers, including |
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certain out-of-state applicants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 502.151 and 502.1515, Occupations Code, |
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are amended to read as follows: |
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Sec. 502.151. GENERAL POWERS AND DUTIES OF EXECUTIVE |
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COUNCIL. Except as otherwise provided by this chapter, the [The] |
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executive council shall: |
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(1) determine the qualifications and fitness of a |
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license applicant under this chapter; and |
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(2) adopt a code of professional ethics for license |
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holders. |
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Sec. 502.1515. BOARD DUTIES. Except as otherwise provided |
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by this chapter, the [The] board shall propose to the executive |
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council: |
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(1) rules regarding: |
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(A) the qualifications necessary to obtain a |
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license, including rules limiting an applicant's eligibility for a |
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license based on the applicant's criminal history; |
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(B) the scope of practice of and standards of |
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care and ethical practice for marriage and family therapy; and |
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(C) continuing education requirements for |
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license holders; and |
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(2) a schedule of sanctions for violations of this |
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chapter or rules adopted under this chapter. |
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SECTION 2. Section 502.252, Occupations Code, is amended by |
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amending Subsections (b) and (c) and adding Subsections (d) and (e) |
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to read as follows: |
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(b) To qualify for a license as a licensed marriage and |
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family therapist associate, a person must: |
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(1) be at least 18 years of age; |
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(2) have completed a graduate internship in marriage |
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and family therapy, or an equivalent internship, as approved by the |
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executive council; |
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(3) pass the license examination and jurisprudence |
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examination determined by the board; |
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(4) hold a master's or doctoral degree in marriage and |
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family therapy or in a related mental health field with coursework |
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and training determined by the board [executive council] to be |
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substantially equivalent to a graduate degree in marriage and |
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family therapy from a regionally accredited institution of higher |
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education or an institution of higher education approved by the |
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executive council; |
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(5) have not been convicted of a felony or a crime |
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involving moral turpitude; |
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(6) not use drugs or alcohol to an extent that affects |
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the applicant's professional competency; |
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(7) not have had a license or certification revoked by |
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a licensing agency or by a certifying professional organization; |
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and |
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(8) not have engaged in fraud or deceit in applying for |
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a license under this chapter. |
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(c) An applicant is eligible to apply for a license as a |
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licensed marriage and family therapist if the person: |
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(1) meets the requirements of Subsection (b); |
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(2) after receipt of a degree described by Subsection |
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(b)(4), has completed two years of work experience in marriage and |
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family therapist services that includes at least 3,000 hours of |
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clinical practice consisting of at least 1,500 hours of direct |
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clinical services, including a minimum number of hours providing |
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direct clinical services to couples or families as required by |
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board [executive council] rule; and |
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(3) has completed, in a manner acceptable to the board |
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[executive council], at least 200 hours of supervised provision of |
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direct clinical services by the applicant, 100 hours of which must |
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be supervised on an individual basis. |
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(d) Subsections (c)(2) and (c)(3) do not apply to an |
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applicant who: |
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(1) is licensed in good standing in another state to |
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independently practice as a licensed marriage and family therapist; |
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and |
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(2) has independently practiced as a licensed marriage |
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and family therapist in that state before the date the application |
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is submitted. |
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(e) An applicant for a license as a licensed marriage and |
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family therapist who practiced as a licensed marriage and family |
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therapist associate in another state may count that out-of-state |
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experience toward the requirements under Subsections (c)(2) and |
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(c)(3) if: |
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(1) the applicant is licensed in good standing as a |
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marriage and family therapist associate in that state; and |
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(2) based on a review of that experience by a licensed |
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supervisor in this state, the board determines that the experience |
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is acceptable. |
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SECTION 3. Sections 502.2545(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) The board [executive council] may waive the requirement |
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that an applicant for a license as a licensed marriage and family |
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therapist pass the examination required by Section 502.254 if the |
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applicant: |
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(1) is a provisional license holder under Section |
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502.259 and the executive council determines that the applicant |
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possesses sufficient education and professional experience to |
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receive a license without further examination; [or] |
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(2) holds a license issued by another licensing agency |
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in a profession related to the practice of marriage and family |
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therapy and the executive council determines that the applicant |
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possesses sufficient education and professional experience to |
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receive a license without satisfying the examination requirements |
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of this chapter; or |
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(3) meets the criteria provided by Section 502.252(d). |
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(b) The executive council may, subject to approval by the |
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board, adopt rules necessary to administer this section, including |
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rules under Subsection (a)(2) prescribing the professions that are |
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related to the practice of marriage and family therapy. |
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SECTION 4. Section 502.259(b), Occupations Code, is amended |
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to read as follows: |
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(b) An applicant for a provisional license must: |
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(1) be licensed in good standing as a marriage and |
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family therapist or a marriage and family therapist associate in |
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another state or jurisdiction that has licensing requirements that |
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are substantially equal to the requirements of this chapter; |
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(2) have passed a national or other examination that: |
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(A) is recognized by the board [executive |
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council]; and |
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(B) relates to marriage and family therapy; and |
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(3) be sponsored by a person licensed by the executive |
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council with whom the provisional license holder may practice under |
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this section. |
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SECTION 5. Section 503.201(a), Occupations Code, is amended |
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to read as follows: |
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(a) Except as otherwise provided by this chapter, the [The] |
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executive council shall: |
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(1) determine the qualifications and fitness of an |
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applicant for a license, license renewal, or provisional license; |
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(2) examine for, deny, approve, issue, revoke, |
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suspend, suspend on an emergency basis, place on probation, and |
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renew the license of an applicant or license holder under this |
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chapter; |
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(3) adopt and publish a code of ethics; and |
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(4) by rule adopt a list of authorized counseling |
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methods or practices that a license holder may undertake or |
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perform. |
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SECTION 6. Section 503.2015, Occupations Code, is amended |
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to read as follows: |
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Sec. 503.2015. BOARD DUTIES. Except as otherwise provided |
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by this chapter, the [The] board shall propose to the executive |
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council: |
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(1) rules regarding: |
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(A) the qualifications necessary to obtain a |
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license, including rules limiting an applicant's eligibility for a |
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license based on the applicant's criminal history; |
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(B) the scope of practice of and standards of |
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care and ethical practice for professional counseling; and |
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(C) continuing education requirements for |
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license holders; and |
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(2) a schedule of sanctions for violations of this |
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chapter or rules adopted under this chapter. |
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SECTION 7. Section 503.302, Occupations Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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read as follows: |
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(a) A person qualifies for a license under this chapter if |
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the person: |
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(1) is at least 18 years old; |
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(2) has a master's or doctoral degree in counseling or |
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a related field; |
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(3) has successfully completed a graduate degree at a |
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regionally accredited institution of higher education and the |
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number of graduate semester hours required by the board [executive |
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council rule], which may not be less than 48 hours and must include |
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at least 300 clock hours of supervised practicum that: |
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(A) is primarily counseling in nature; and |
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(B) meets the specific academic course content |
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and training standards established by the board [executive |
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council]; |
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(4) has completed the number of supervised experience |
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hours required by executive council rule, which may not be less than |
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3,000 hours working in a counseling setting that meets the |
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requirements established by the executive council after the |
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completion of the graduate program described by Subdivision (3); |
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(5) passes the license examination and jurisprudence |
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examination required by this chapter; |
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(6) submits an application as required by the |
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executive council, accompanied by the required application fee; and |
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(7) meets any other requirement established by the |
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board or [prescribed by] the executive council. |
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(a-1) Subsection (a)(4) does not apply to an applicant who: |
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(1) is licensed in good standing in another state to |
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independently practice as a professional counselor or as an art |
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therapist; and |
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(2) has independently practiced as a professional |
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counselor or an art therapist in that state for at least the two |
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years preceding the date the application is submitted. |
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(a-2) The executive council may waive the requirement that |
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an applicant pass the license examination required by Subsection |
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(a)(5) if the applicant meets the criteria provided by Subsection |
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(a-1). The applicant must pass the jurisprudence examination. |
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SECTION 8. Section 503.3025, Occupations Code, is amended |
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to read as follows: |
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Sec. 503.3025. EXPERIENCE REQUIRED TO ACT AS SUPERVISOR. A |
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[The executive council shall allow a] license holder who has |
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practiced as a licensed counselor in another state may [to] count |
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that out-of-state experience toward any experience that the license |
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holder is required [by executive council rule] to obtain to act as a |
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supervisor under this chapter if the [executive council determines |
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that the] other state has license requirements substantially |
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equivalent to the requirements of this chapter. |
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SECTION 9. Section 503.308, Occupations Code, is amended to |
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read as follows: |
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Sec. 503.308. ASSOCIATE [TEMPORARY] LICENSE. (a) The |
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board may establish and the executive council [by rule] may provide |
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for the issuance of an associate [a temporary] license. Rules |
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adopted under this subsection must provide a time limit for the |
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period an associate [a temporary] license is valid. |
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(b) The executive council by rule may adopt a system under |
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which an associate [a temporary] license may be issued to a person |
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who: |
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(1) meets all of the academic requirements for |
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licensing; and |
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(2) enters into a supervisory agreement with a |
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supervisor approved by the executive council. |
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SECTION 10. Section 505.3575, Occupations Code, is amended |
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by amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Notwithstanding any other licensing requirement of this |
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subchapter: |
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(1) the executive council may not require an applicant |
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who is licensed in good standing in another state to pass a |
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licensing examination conducted by the executive council under |
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Section 505.354 if an applicant with substantially equivalent |
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experience who resides in this state would not be required to take |
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the licensing examination; [and] |
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(2) the executive council may waive the requirement |
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that an applicant not otherwise described by Subdivision (1) pass a |
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licensing examination conducted by the executive council under |
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Section 505.354 if the applicant: |
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(A) is licensed in good standing in another state |
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to independently practice as a social worker; and |
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(B) has independently practiced as a licensed |
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social worker in that state for at least one year preceding the date |
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the application is submitted; and |
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(3) the executive council may issue a license to an |
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applicant who is currently licensed in another state to |
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independently practice social work if: |
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(A) after an assessment, the executive council |
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determines that the applicant: |
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(i) demonstrates sufficient experience and |
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competence, subject to Subsection (c); |
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(ii) has passed the jurisprudence |
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examination conducted by the executive council under Section |
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505.3545; and |
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(iii) at the time of the application, is in |
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good standing with the regulatory agency of the state in which the |
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applicant is licensed; and |
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(B) the applicant presents to the executive |
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council credentials that the applicant obtained from a national |
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accreditation organization and the executive council determines |
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that the requirements to obtain the credentials are sufficient to |
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minimize any risk to public safety. |
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(c) An applicant satisfies the requirements of Subsection |
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(a)(3)(A)(i) if the applicant: |
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(1) is licensed in good standing in another state to |
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independently practice as a social worker; and |
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(2) has independently practiced as a licensed social |
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worker in that state for at least one year preceding the date the |
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application is submitted. |
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SECTION 11. The changes in law made by this Act apply only |
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to an application for a license submitted on or after the effective |
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date of this Act. An application for a license submitted before the |
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effective date of this Act is governed by the law in effect on the |
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date the application was submitted, and that law is continued in |
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effect for that purpose. |
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SECTION 12. This Act takes effect September 1, 2023. |