By Rodriguez H.B. No. 2741
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of professional counselors; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The Licensed Professional Counselor Act (Article
1-6 4512g, Vernon's Texas Civil Statutes) is amended by adding Section
1-7 1A to read as follows:
1-8 Sec. 1A. POLICY STATEMENT. It is the policy of this state
1-9 that the activities of a person who provides services to the public
1-10 as a counselor and uses the title licensed professional counselor
1-11 should be regulated to protect the health, safety, and welfare of
1-12 the public.
1-13 SECTION 2. Sections 2(1), (4), and (7), Licensed
1-14 Professional Counselor Act (Article 4512g, Vernon's Texas Civil
1-15 Statutes), are amended to read as follows:
1-16 (1) "Licensed professional counselor" means a person
1-17 who:
1-18 (A) has the authority to engage in the practice
1-19 of counseling and who represents himself or herself to the public
1-20 by any title or description of services incorporating the words
1-21 "Licensed Counselor," who offers to render professional counseling
1-22 services to individuals, couples, families, groups, organizations,
1-23 corporations, institutions, government agencies, or the general
2-1 public for compensation, implying that he or she is licensed and
2-2 trained, experienced, or expert in counseling, and who holds a
2-3 valid license issued under this Act to engage in the practice of
2-4 counseling; or
2-5 (B) a person who holds a valid license issued
2-6 under this Act and who engages in any type of practice of
2-7 counseling.
2-8 (4) "Applicant" means an individual who seeks a
2-9 license <licensing> under this Act.
2-10 (7) "Practice of counseling" means rendering or
2-11 offering to render, to individuals, couples, families, groups,
2-12 organizations, or the general public, counseling or guidance
2-13 services, for compensation, involving the application of
2-14 principles, methods, or procedures of the counseling profession
2-15 that include but are not restricted to:
2-16 (A) "counseling" which means assisting one or
2-17 more clients <an individual or groups,> through the counseling
2-18 relationship, using a combination of mental health and human
2-19 development principles, methods, and techniques to achieve the
2-20 mental, emotional, physical, social, moral, educational, spiritual,
2-21 or career-related development and adjustment of the client
2-22 throughout the client's life <to develop understanding of personal
2-23 problems, to define goals, and to plan action reflecting an
2-24 individual's or group's interests, abilities, aptitudes, and needs
2-25 as they are related to personal-social concerns, educational
3-1 progress, and occupations and careers>;
3-2 (B) "appraisal activities" which means
3-3 selecting, administering, scoring, and interpreting instruments
3-4 designed to assess an individual's aptitudes, attitudes, abilities,
3-5 achievements, interests, and personal characteristics and the use
3-6 of methods and techniques for understanding human behavior that may
3-7 <but does not> include the evaluation and treatment by counseling
3-8 methods, techniques, and procedures for mental and emotional
3-9 disorders, alcoholism and substance abuse, and other habit or
3-10 conduct disorders but does not include the use of projective
3-11 techniques in the assessment of personality;
3-12 (C) "counseling, guidance, and personnel
3-13 consulting" which means interpreting or reporting on scientific
3-14 fact or theory in counseling, guidance, and personnel services to
3-15 provide assistance in solving some current or potential problems of
3-16 individuals, couples, families, groups, or organizations;
3-17 (D) "referral activities" which means the
3-18 evaluating of data to identify problems and to determine
3-19 advisability of referral to other specialists; <and>
3-20 (E) "research activities" which means the
3-21 designing, data collecting, analyzing, <conducting, and>
3-22 interpreting, and reporting of the results of studies <of research>
3-23 with human subjects; and
3-24 (F) "other activities" which means
3-25 psychotherapy, hypnosis for health care reasons, hypnotherapy, and
4-1 biofeedback.
4-2 SECTION 3. Section 3(a), Licensed Professional Counselor Act
4-3 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
4-4 as follows:
4-5 (a) Except as provided by Subsection (b) of this section,
4-6 this Act does not apply to:
4-7 (1) the activities and services of or use of an
4-8 official title by a person employed as a counselor by a federal,
4-9 state, county, or municipal agency or public or private educational
4-10 institution, if the person is performing counseling or
4-11 counseling-related activities within the scope of his employment;
4-12 (2) the activities and services of a student, intern,
4-13 or trainee in counseling pursuing a course of study in counseling
4-14 in a regionally accredited institution of higher education or
4-15 training institution, if these activities and services constitute a
4-16 part of the supervised course of study and the person is designated
4-17 a "counselor intern";
4-18 (3) the activities and services of a nonresident
4-19 rendered not more than 30 days during any year, if the person is
4-20 authorized to perform the activities and services under the law of
4-21 the state or country of his residence;
4-22 (4) the activities and services of licensed members of
4-23 other professions, such as physicians, registered nurses,
4-24 psychologists, certified social workers, licensed marriage and
4-25 family therapists, licensed chemical dependency counselors, or
5-1 licensed optometrists, if the activities or services are permitted
5-2 under the licensed member's license and the licensed member is not
5-3 using the title "Licensed Professional Counselor" or "Licensed
5-4 Counselor" <in the evaluation and remediation of learning or
5-5 behavioral disabilities associated with or caused by a defective or
5-6 abnormal condition of vision>, Christian Science practitioners who
5-7 are recognized by the Church of Christ Scientist as registered and
5-8 published in the Christian Science Journal, or other recognized
5-9 religious practitioners performing counseling consistent with the
5-10 law of the state, their training, and any code of ethics of their
5-11 professions, if they do not represent themselves by any title or
5-12 description in the manner prescribed by Section 2 of this Act;
5-13 (5) a rabbi, clergyman, or person of similar status
5-14 who is a member in good standing of and accountable to a legally
5-15 recognized denomination or religious organization and any other
5-16 person who participates with the person in pastoral counseling if:
5-17 (A) the counseling activities are within the
5-18 scope of the person's regular or specialized ministerial duties and
5-19 are performed under the authority of an established and legally
5-20 recognizable church, denomination, or sect or an integrated
5-21 auxiliary of a church as defined by 26 C.F.R. Section
5-22 1.6033-2(g)(5)(1992);
5-23 (B) the individual providing the service remains
5-24 accountable to the established authority of the church,
5-25 denomination, or sect or integrated auxiliary; and
6-1 (C) the individual does not use the title of or
6-2 hold the individual out as a professional counselor <the
6-3 activities, services, titles, and descriptions of persons licensed
6-4 to practice law>;
6-5 (6) the activities, services, titles, and descriptions
6-6 of persons employed as professionals or who are <as> volunteers in
6-7 the practice of counseling for public and private nonprofit
6-8 organizations or charities who are accountable to the persons'
6-9 sponsoring organization and do not use the title or hold themselves
6-10 out to be professional counselors; or
6-11 (7) a person who is recognized by the Texas State
6-12 Board of Medical Examiners as a physician assistant, if the person
6-13 is supervised by a physician, is acting within the scope of the
6-14 person's practice, and is not using the title "Licensed
6-15 Professional Counselor" or "Licensed Counselor" <persons providing
6-16 counseling services exclusively related to marriage and family
6-17 concerns and who hold a masters or doctorate degree in the area of
6-18 marriage and family therapy from an accredited college or
6-19 university>.
6-20 SECTION 4. Sections 4(c)-(g), Licensed Professional
6-21 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes), are
6-22 amended to read as follows:
6-23 (c) Six members of the board must be licensed professional
6-24 counselors, at least one of whom is a <Not later than the 30th day
6-25 after the effective date of this Act, the executive committee of
7-1 the Texas Personnel and Guidance Association shall submit to the
7-2 governor a list of qualified candidates for the board, including
7-3 the names of four qualified counselor educators and 12 qualified
7-4 practicing counselors. Not later than the 60th day after the date
7-5 the list is received, the governor shall select from the list the
7-6 membership of the board consisting of one> counselor educator and
7-7 at least three of whom are <four counselors> in private practice.
7-8 The governor shall appoint three <four> citizens from the general
7-9 public <who have no direct or indirect affiliation with the
7-10 practice of counseling or delivery of mental health services>.
7-11 (d) Members <Except for the initial appointees, members>
7-12 hold office for staggered terms of six years, with three members'
7-13 terms expiring February 1 of each odd-numbered year. In making an
7-14 appointment, the governor shall specify which member each new
7-15 appointee succeeds. Before entering on the duties of his office,
7-16 each member of the board shall take the constitutional oath of
7-17 office and file it with the secretary of state.
7-18 (e) An officer, employee, or paid consultant of a Texas
7-19 trade association in the field of health care may not be a <A>
7-20 member <of the board> or <an> employee of the board who is exempt
7-21 from the state's position classification plan or is compensated at
7-22 or above the amount prescribed by the General Appropriations Act
7-23 for step 1, salary group 17, of the position classification salary
7-24 schedule. A person who is the spouse of an officer, manager, or
7-25 paid consultant of a Texas trade association in the field of health
8-1 care may not be a board member and may not be an employee of the
8-2 board who is exempt from the state's position classification plan
8-3 or is compensated at or above the amount prescribed by the General
8-4 Appropriations Act for step 1, salary group 17, of the position
8-5 classification salary schedule <or of the department that carries
8-6 out the functions of the board may not:>
8-7 <(1) be an officer, employee, or paid consultant of a
8-8 trade association in the counseling services industry;>
8-9 <(2) be related within the second degree by affinity
8-10 or within the third degree by consanguinity, as determined under
8-11 Article 5996h, Revised Statutes, to a person who is an officer,
8-12 employee, or paid consultant of a trade association in the
8-13 counseling services industry; or>
8-14 <(3) communicate directly or indirectly with a party
8-15 or the party's representative to a proceeding pending before the
8-16 board unless notice and an opportunity to participate are given to
8-17 each party to the proceeding, if the member or agent is assigned to
8-18 make a decision, a finding of fact, or a conclusion of law in the
8-19 proceeding>.
8-20 (f) For the purposes of this section, a Texas trade
8-21 association is a nonprofit, cooperative, and voluntarily joined
8-22 association of business or professional competitors in this state
8-23 designed to assist its members and its industry or profession in
8-24 dealing with mutual business or professional problems and in
8-25 promoting their common interest <A member of the board who is the
9-1 designated representative of the general public may not have
9-2 personally, nor be related to a person within the second degree by
9-3 affinity or third degree by consanguinity, as determined under
9-4 Article 5996h, Revised Statutes, who has, except as a consumer, a
9-5 financial interest in counseling services as an officer, director,
9-6 partner, owner, employee, attorney, or paid consultant>.
9-7 (g) A person may not serve as a member of the board or act
9-8 as the general counsel to the board if the person <who> is required
9-9 to register as a lobbyist under Chapter 305, Government Code,
9-10 because of the person's activities for compensation on behalf of a
9-11 profession related to the operation of the board <may not serve as
9-12 a member of the board or act as the general counsel to the board>.
9-13 SECTION 5. Section 5, Licensed Professional Counselor Act
9-14 (Article 4512g, Vernon's Texas Civil Statutes), is amended by
9-15 amending Subsections (a), (b), and (c) and adding Subsections (e)
9-16 and (f) to read as follows:
9-17 (a) To be qualified for appointment as a professional member
9-18 of the board, a person must:
9-19 (1) be a citizen of the United States and a resident
9-20 of this state for the 30 months immediately preceding appointment;
9-21 (2) have engaged in the field of counseling for at
9-22 least 24 months or 2,000 hours;
9-23 (3) be licensed under this Act<, except that an
9-24 initial appointee to the board must, instead of being licensed
9-25 under this Act, meet the requirements of Section 9 of this Act
10-1 except that he must possess a graduate degree, 30 graduate semester
10-2 hours in the field of counseling or its equivalent, and have
10-3 engaged in the field of counseling for at least 24 months or 2,000
10-4 hours after the granting of a graduate degree>; and
10-5 (4) be appointed in accordance with Section 4 of this
10-6 Act.
10-7 (b) To be qualified for appointment as a member who is a
10-8 representative of the general public, a person must:
10-9 (1) be a citizen of the United States and a resident
10-10 of this state for the 30 months immediately preceding appointment;
10-11 <and>
10-12 (2) be at least 18 years old; and
10-13 (3) meet the requirements of Subsection (e) of this
10-14 section.
10-15 (c) It is a ground for removal from the board if a member:
10-16 (1) does not have at the time of appointment the
10-17 qualifications required by Subsection (a) or (b) of this section,
10-18 as appropriate, for appointment to the board;
10-19 (2) does not maintain during the service on the board
10-20 the qualifications required by Subsection (a) or (b) of this
10-21 section, as appropriate, for appointment to the board; <or>
10-22 (3) violates a prohibition established by Subsection
10-23 (e) of this section if the member is a public member or
10-24 <Subdivision (1) or (2) of> Subsection (e) of Section 4 of this
10-25 Act;
11-1 (4) cannot discharge the member's duties for a
11-2 substantial part of the term for which the member is appointed
11-3 because of illness or disability; or
11-4 (5) is absent for more than half of the regularly
11-5 scheduled board meetings that a member is eligible to attend during
11-6 a calendar year unless the absence is excused by majority vote of
11-7 the board.
11-8 (e) A person is not eligible for appointment as a public
11-9 member of the board if the person or the person's spouse:
11-10 (1) is registered, certified, or licensed by an
11-11 occupational regulatory agency in the field of health care;
11-12 (2) is employed by or participates in the management
11-13 of a business entity or other organization receiving funds from the
11-14 board;
11-15 (3) owns or controls, directly or indirectly, more
11-16 than 10 percent interest in a business entity or other organization
11-17 receiving funds from the board; or
11-18 (4) uses or receives a substantial amount of funds
11-19 from the board, other than compensation or reimbursement authorized
11-20 by law for board membership, attendance, or expenses.
11-21 (f) If the executive secretary has knowledge that a
11-22 potential ground for removal exists, the executive secretary shall
11-23 notify the chairman of the board of the ground. The chairman shall
11-24 then notify the governor that a potential ground for removal
11-25 exists.
12-1 SECTION 6. Sections 6(a), (b), (d), and (e), Licensed
12-2 Professional Counselor Act (Article 4512g, Vernon's Texas Civil
12-3 Statutes), are amended to read as follows:
12-4 (a) <The board shall meet not later than the 30th day after
12-5 the day its members are appointed by the governor.> The board
12-6 shall elect a chairman and a vice-chairman who shall hold office
12-7 according to the rules adopted by the board.
12-8 (b) The board shall hold at least two regular meetings each
12-9 year as provided by rules adopted by the board <and approved by the
12-10 department>. Five members constitute a quorum.
12-11 (d) The board shall investigate and dispose of complaints as
12-12 provided by Section 16B of this Act <keep an information file about
12-13 each complaint filed with the board. If a written complaint is
12-14 filed with the board relating to a licensee under this Act, the
12-15 board, at least as frequently as quarterly and until the complaint
12-16 is finally disposed of, shall notify the complainant of the status
12-17 of the complaint>.
12-18 (e) The board shall:
12-19 (1) determine the qualifications and fitness of
12-20 applicants for licenses, renewal of licenses, and reciprocal
12-21 licenses;
12-22 (2) adopt and revise<, with the approval of the
12-23 department,> rules not inconsistent with the law of this state that
12-24 are necessary to administer this Act. However, the board may not
12-25 adopt rules restricting competitive bidding or advertising by
13-1 licensees except to prohibit false, misleading, or deceptive
13-2 practices. The board may not include in its rules to prohibit
13-3 false, misleading, or deceptive practices by licensees a rule that:
13-4 (A) restricts a licensee's use of any medium for
13-5 advertising;
13-6 (B) restricts a licensee's personal appearance
13-7 or use of the person's <his> personal voice in an advertisement;
13-8 (C) relates to the size or duration of an
13-9 advertisement by a licensee; or
13-10 (D) restricts a licensee's advertisement under a
13-11 trade name;
13-12 (3) adopt and publish a code of ethics and adopt an
13-13 official seal;
13-14 (4) examine for, deny, approve, issue, revoke,
13-15 suspend, suspend on an emergency basis, place on probation, and
13-16 renew the licenses of counselor applicants and licensees under this
13-17 Act and conduct hearings in connection with these actions;
13-18 (5) establish a mandatory continuing education program
13-19 for licensees;
13-20 (6) conduct hearings on complaints concerning
13-21 violations of this Act and the rules adopted under this Act and
13-22 cause the prosecution and enjoinder of the violations;
13-23 <(6) expend money necessary for the proper
13-24 administration of its assigned duties;>
13-25 (7) set fees <with the approval of the department> for
14-1 the board's services in amounts that are sufficient to meet the
14-2 expenses of administering this Act;
14-3 (8) request and receive the assistance of state
14-4 educational institutions or other state agencies; and
14-5 (9) prepare and disseminate consumer information,
14-6 including <of consumer interest> describing the regulatory
14-7 functions of the board and describing the board's procedures by
14-8 which consumer complaints are filed with and resolved by the board.
14-9 The board shall make the information available to the general
14-10 public and appropriate state agencies.
14-11 SECTION 7. The Licensed Professional Counselor Act (Article
14-12 4512g, Vernon's Texas Civil Statutes) is amended by adding Sections
14-13 6A, 6B, 6C, and 6D to read as follows:
14-14 Sec. 6A. PUBLIC COMPLAINTS; TOLL-FREE TELEPHONE SERVICE.
14-15 (a) The board by rule shall establish methods by which consumers
14-16 and service recipients are notified of the name, mailing address,
14-17 and telephone number of the board for the purpose of directing
14-18 complaints to the board. The board may provide for that
14-19 notification:
14-20 (1) on each registration form, application, or written
14-21 contract for services of an individual or entity regulated under
14-22 this Act;
14-23 (2) on a sign prominently displayed in the place of
14-24 business of each individual or entity regulated under this Act; or
14-25 (3) in a bill for service provided by an individual or
15-1 entity regulated under this Act.
15-2 (b) The board shall list along with its regular telephone
15-3 number the toll-free telephone number that may be called to present
15-4 a complaint about a health professional if the toll-free number is
15-5 established under other state law.
15-6 Sec. 6B. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
15-7 shall develop and implement policies that provide the public with a
15-8 reasonable opportunity to appear before the board and to speak on
15-9 any issue under the jurisdiction of the board.
15-10 Sec. 6C. PROGRAM ACCESSIBILITY. The board shall prepare and
15-11 maintain a written plan that describes how a person who does not
15-12 speak English can be provided reasonable access to the board's
15-13 programs. The board shall also comply with federal and state laws
15-14 for program and facility accessibility.
15-15 Sec. 6D. TRAINING; STANDARDS OF CONDUCT INFORMATION. (a)
15-16 Each board member shall comply with the board member training
15-17 requirements established by any other state agency that is given
15-18 authority to establish the requirements for the board.
15-19 (b) The board shall provide to its members and employees, as
15-20 often as necessary, information regarding their qualifications for
15-21 office or employment under this Act and their responsibilities
15-22 under applicable laws relating to standards of conduct for state
15-23 officers or employees.
15-24 (c) The board shall develop and implement policies that
15-25 clearly define the respective responsibilities of the board and the
16-1 staff of the board.
16-2 SECTION 8. Section 7, Licensed Professional Counselor Act
16-3 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
16-4 as follows:
16-5 Sec. 7. Reimbursements of Board Expenses. A member of the
16-6 board is entitled to a per diem as set by the General
16-7 Appropriations Act <may not receive a fixed salary for his
16-8 services, but each member is entitled to a per diem as set by
16-9 legislative appropriation> for each day that the member engages in
16-10 the business of the board. A member may not receive any
16-11 compensation for travel expenses, including expenses for meals and
16-12 lodging, other than transportation expenses<. A member is entitled
16-13 to compensation for transportation expenses> as provided by the
16-14 General Appropriations Act.
16-15 SECTION 9. Section 8, Licensed Professional Counselor Act
16-16 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
16-17 as follows:
16-18 Sec. 8. Board Personnel. (a) The executive secretary must
16-19 be an employee of the department. The Commissioner of Health, with
16-20 the advice and consent of <after consulting with> the board, shall
16-21 designate an employee to serve as executive secretary of the board.
16-22 The executive secretary shall be the administrator of professional
16-23 counselor licensing activities for the board. <In addition to his
16-24 other duties prescribed by this Act and by the department, the
16-25 executive secretary shall:>
17-1 <(1) keep full and accurate minutes of the
17-2 transactions and proceedings of the board;>
17-3 <(2) be the custodian of the files and records of the
17-4 board;>
17-5 <(3) prepare and recommend to the board plans and
17-6 procedures necessary to implement the purposes and objectives of
17-7 this Act, including rules and proposals on administrative
17-8 procedures not inconsistent with this Act;>
17-9 <(4) exercise general supervision over persons
17-10 employed by the department in the administration of this Act;>
17-11 <(5) be responsible for the investigation of
17-12 complaints and for the presentation of formal complaints;>
17-13 <(6) attend all meetings of the board, but the
17-14 executive secretary is not entitled to vote at board meetings; and>
17-15 <(7) handle or arrange for the handling of the
17-16 correspondence of the board, make or arrange for necessary
17-17 inspections and investigations, and obtain, assemble, or prepare
17-18 the reports and information that the board may direct or
17-19 authorize.>
17-20 (b) The board shall develop and implement policies that
17-21 clearly define the respective responsibilities of the board and the
17-22 staff of the board.
17-23 (c) The basic personnel and necessary facilities that are
17-24 required to administer this Act shall be the personnel and
17-25 facilities of the department acting as the agents of the board.
18-1 The department may secure by agreement services that it considers
18-2 necessary and provide for compensation for these services and may
18-3 employ and compensate, within appropriations available, the
18-4 professional consultants, technical assistants, and employees on a
18-5 full- or part-time basis necessary to administer this Act.
18-6 SECTION 10. Section 10, Licensed Professional Counselor Act
18-7 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
18-8 as follows:
18-9 Sec. 10. Applicant Qualifications. A person is a qualified
18-10 applicant if the person <An applicant is qualified for a license to
18-11 practice counseling if the applicant>:
18-12 (1) is at least 18 years old;
18-13 (2) has submitted an application as required by the
18-14 board, accompanied by the application fee set by the board; the
18-15 board may require that the statements on the application be made
18-16 under oath;
18-17 (3) has a master's or doctorate degree in counseling
18-18 or a related field <met requirements prescribed by the board>;
18-19 (4) has successfully completed a graduate degree at a
18-20 regionally accredited institution of higher education and a planned
18-21 graduate program of 48 graduate <45> semester hours or the
18-22 substantial equivalent, including 300 clock hours of supervised
18-23 practicum that is primarily counseling in nature and that meets the
18-24 specific academic course content and training standards established
18-25 by the board. The board shall review and consider <use> the
19-1 standards as developed by the appropriate professional association;
19-2 <and>
19-3 (5) has completed 24 months or 2,000 hours of
19-4 supervised experience working in a counseling setting that meets
19-5 the requirements established by the board after the completion of
19-6 the 48 graduate semester hour or equivalent graduate program;
19-7 (6) has successfully completed the examination
19-8 required under this Act; and
19-9 (7) has met the requirements prescribed by the board.
19-10 SECTION 11. Sections 12(b), (c), and (d), Licensed
19-11 Professional Counselor Act (Article 4512g, Vernon's Texas Civil
19-12 Statutes), are amended to read as follows:
19-13 (b) If a written examination is required, the board shall
19-14 grade the examination and recommend to the chairman action to be
19-15 taken. To ensure impartiality, written examination documents shall
19-16 be identified by number, and no paper may be marked with the name
19-17 of an applicant but shall be anonymously graded by the board. The
19-18 board shall have the written portion of the examination, if any,
19-19 validated under the direction of a testing professional. In the
19-20 event an applicant fails to receive a passing grade on the entire
19-21 examination, he may reapply and shall be allowed to take a
19-22 subsequent examination. An applicant who has failed two successive
19-23 examinations may not reapply until two years have elapsed from the
19-24 date of the last examination or he has satisfactorily completed
19-25 nine graduate semester hours in the applicant's weakest portion of
20-1 the examination.
20-2 (c) Not later than the 30th day <Within 30 days> after the
20-3 day a licensing examination is administered under this Act, the
20-4 board shall notify each examinee of the results of the examination.
20-5 However, if an examination is graded or reviewed by a national
20-6 testing service, the board shall notify each examinee of the
20-7 results of the examination not later than the 14th day <within two
20-8 weeks> after the day the board receives the results from the
20-9 testing service. If the notice of the examination results graded
20-10 or reviewed by the national testing service will be delayed for
20-11 more than 90 days after the examination date, the board shall
20-12 notify the examinee of the reason for the delay before the 90th
20-13 day.
20-14 (d) If requested in writing by a person who fails the
20-15 examination for a license, the board shall furnish to the person an
20-16 analysis of the person's performance on the examination.
20-17 SECTION 12. Section 14, Licensed Professional Counselor Act
20-18 (Article 4512g, Vernon's Texas Civil Statutes), is amended by
20-19 amending Subsections (d), (f), (g), and (h) and adding Subsections
20-20 (i)-(s) to read as follows:
20-21 (d) Each year the board shall prepare a registry of licensed
20-22 professional counselors <with specialties, if any, identified>.
20-23 The registry shall be made available to the licensees, other state
20-24 agencies, and the general public on request.
20-25 (f) The board by rule shall establish a minimum number of
21-1 hours of continuing education required to renew a license under
21-2 this Act. The board may assess the continuing education needs of
21-3 licensees and may require licensees to attend continuing education
21-4 courses specified by the board. The board by rule shall develop a
21-5 process to evaluate and approve continuing education courses.
21-6 (g) The board shall identify the key factors for the
21-7 competent performance by a licensee of the licensee's professional
21-8 duties. The board shall implement a procedure to assess a
21-9 licensee's participation in continuing education programs.
21-10 (h) Each person licensed under this Act is responsible for
21-11 renewing his license before the expiration date.
21-12 (i) <(g)> The board shall adopt a system under which
21-13 licenses expire on various dates during the year. For the year in
21-14 which the initial license <expiration date> is issued <changed>,
21-15 license fees payable on the date of issuance shall be prorated on a
21-16 monthly basis so that each licensee shall pay only that portion of
21-17 the license fee that is applicable to the number of months during
21-18 which the license is valid. On renewal of the license <on the new
21-19 expiration date>, the total license fee is payable.
21-20 (j) A person may renew an unexpired license by paying to the
21-21 board before the expiration of the license the required renewal
21-22 fee.
21-23 (k) If a person's license has been expired for 90 days or
21-24 less, the person may renew the license by paying to the board the
21-25 required renewal fee and a fee that is one-half of the examination
22-1 fee for the license.
22-2 (l) If a person's license has been expired for longer than
22-3 90 days but less than one year because of the person's failure to
22-4 pay the renewal fee or failure to meet continuing education
22-5 requirements, the person may renew the license by paying to the
22-6 board all unpaid renewal fees and a fee that is equal to the
22-7 examination fee for the license and providing the board with proof
22-8 of completing the required continuing education.
22-9 (m) If a person's license has been expired for one year or
22-10 longer, the person may not renew the license. The person may
22-11 obtain a new license by complying with the requirements and
22-12 procedures for obtaining an original license. However, the board
22-13 may renew without reexamination an expired license of a person who
22-14 was licensed in this state, moved to another state, and is
22-15 currently licensed and has been in practice in the other state for
22-16 the two years preceding application. The person must pay to the
22-17 board a fee that is equal to the examination fee for the license.
22-18 (n) At least 30 days before the expiration of a person's
22-19 license, the board shall send written notice of the impending
22-20 license expiration to the person at the licensee's last known
22-21 address according to the records of the board.
22-22 (o) <Failure to renew a license by the expiration date shall
22-23 result in an increase of the renewal fee by an amount to be
22-24 determined by the board with the approval of the department. If
22-25 failure to renew continues for more than 30 days after the date of
23-1 expiration, the board shall notify the person licensed under this
23-2 Act of the expiration date of his license and the amount of the fee
23-3 required for renewal. If failure to renew continues for more than
23-4 90 days after the date of expiration of the license, the license
23-5 shall be revoked.> Any licensee whose license expires <is revoked>
23-6 because of failure to pay the annual license renewal fee may secure
23-7 reinstatement of the <his> license at any time within one year from
23-8 the expiration date on payment of the license fee and a penalty fee
23-9 in an amount to be determined by the board and on providing proof
23-10 of completion of required continuing education <with the approval
23-11 of the department. After the expiration of the year for which the
23-12 license fee was not paid, a license may not be reinstated unless
23-13 the licensee fulfills current requirements applicable to all
23-14 licensees as provided by the rules adopted by the board>.
23-15 (p) <(h)> A licensee may request that the licensee's <his>
23-16 license be declared inactive. The licensee then foregoes the
23-17 licensing rights granted under this Act but is relieved of renewal
23-18 fees and penalty fees. The <At any time in the future, the>
23-19 license shall be declared active on the payment of a license fee
23-20 and the receipt by the board of the recommendations of two licensed
23-21 counselors if the applicant is not in violation of this Act at the
23-22 time of application for reactivation <or renewal> of the license
23-23 and if the applicant fulfills current requirements applicable to
23-24 all inactive licensees as provided by the rules adopted by the
23-25 board.
24-1 (q) The board by rule may provide for the issuance of a
24-2 temporary license. Rules adopted under this subsection shall
24-3 include a time limit for a temporary license.
24-4 (r) The board by rule may adopt a system under which a
24-5 temporary license may be issued to individuals who have met all of
24-6 the academic requirements for licensing and who have entered into a
24-7 supervisory agreement with a supervisor approved by the board.
24-8 (s) The board by rule may adopt a system for placing a
24-9 licensee on retirement status.
24-10 SECTION 13. Section 15, Licensed Professional Counselor Act
24-11 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
24-12 as follows:
24-13 Sec. 15. LICENSE REQUIRED; PENALTY. (a) Unless the person
24-14 is exempt under Section 3 of this Act, a person may not engage in
24-15 the practice of counseling without a license issued under this Act.
24-16 (b) A person commits an offense if the person<, after one
24-17 year from the effective date of this Act,> knowingly or
24-18 intentionally: <acts as a licensed professional counselor without
24-19 a license issued under this Act>
24-20 (1) engages in the practice of counseling without
24-21 holding a license issued under this Act;
24-22 (2) engages in the practice of counseling after the
24-23 person's license under this Act has expired;
24-24 (3) represents the person by the title "Licensed
24-25 Professional Counselor" or "Licensed Counselor" without being
25-1 licensed under this Act;
25-2 (4) makes use of any title, words, letters, or
25-3 abbreviations that imply that the person is licensed under this Act
25-4 if the person is not licensed under this Act;
25-5 (5) refuses to furnish the board with material
25-6 information or records required or requested by the board under the
25-7 authority of this Act;
25-8 (6) offers to pay or agrees to accept any
25-9 remuneration, directly or indirectly, to or from any person or
25-10 entity for securing or soliciting a patient or patronage.
25-11 (c) <(b)> An offense under Subsection (b) of this section is
25-12 a Class B misdemeanor.
25-13 SECTION 14. Section 16, Licensed Professional Counselor Act
25-14 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
25-15 as follows:
25-16 Sec. 16. DISCIPLINARY ACTIONS <REVOCATION OR SUSPENSION OF
25-17 LICENSE>. (a) The board may revoke, suspend, <or> suspend on an
25-18 emergency basis the license of a counselor, place on probation a
25-19 counselor whose license has been suspended, or reprimand a
25-20 counselor if <on proof that> the counselor:
25-21 (1) has violated this Act or a rule or code of ethics
25-22 adopted by the board; or
25-23 (2) is legally committed to an institution because of
25-24 mental incompetence from any cause.
25-25 (b) If a license suspension is probated, the board may
26-1 require the licensee to:
26-2 (1) report regularly to the board on matters that are
26-3 the basis of the probation;
26-4 (2) limit practice to the areas prescribed by the
26-5 board; or
26-6 (3) continue or review continuing professional
26-7 education until the licensee attains a degree of skill satisfactory
26-8 to the board in those areas that are the basis of the probation.
26-9 (c) A licensee is entitled to a hearing conducted by the
26-10 department's office of general counsel before a sanction is imposed
26-11 under this section.
26-12 (d) The board by rule shall adopt a broad schedule of
26-13 sanctions for violations under this Act. The department's office
26-14 of general counsel shall use the schedule for any sanction imposed
26-15 as the result of a hearing conducted by that office.
26-16 (e) Proceedings for revocation or suspension of a license
26-17 and appeals from those proceedings are governed by the
26-18 Administrative Procedure and Texas Register Act, as amended
26-19 (Article 6252-13a, Vernon's Texas Civil Statutes).
26-20 (f) An executive committee of the board, consisting of the
26-21 chairman of the board and two other board members appointed by the
26-22 chairman, may temporarily suspend the license of a licensee under
26-23 this Act if the executive committee determines from the evidence or
26-24 information presented to the committee that the continued practice
26-25 by the licensee constitutes a continuing or imminent threat to the
27-1 public welfare.
27-2 (g) A temporary suspension under this section may also be
27-3 ordered on a majority vote of the board.
27-4 (h) A license may be temporarily suspended under this
27-5 section without notice or hearing if, at the time the suspension is
27-6 ordered, a hearing on whether disciplinary proceedings should be
27-7 initiated against the licensee is scheduled to be held not later
27-8 than the 14th day after the date of the suspension. A second
27-9 hearing on the suspended license must be held not later than the
27-10 60th day after the date the suspension is ordered. If the second
27-11 hearing is not scheduled in the time required by this subsection,
27-12 the suspended license is automatically reinstated.
27-13 (i) The board by rule shall adopt procedures for the
27-14 temporary suspension of a license under this section.
27-15 SECTION 15. The Licensed Professional Counselor Act (Article
27-16 4512g, Vernon's Texas Civil Statutes) is amended by adding Sections
27-17 16A, 16B, 16C, and 16D to read as follows:
27-18 Sec. 16A. COMPLAINT PROCEDURE IN GENERAL. (a) The board
27-19 shall keep an information file about each complaint filed with the
27-20 board. The board's information file shall be kept current and
27-21 contain a record for each complaint of:
27-22 (1) all persons contacted in relation to the
27-23 complaint;
27-24 (2) a summary of findings made at each step of the
27-25 complaint process;
28-1 (3) an explanation of the legal basis and reason for a
28-2 complaint that is dismissed; and
28-3 (4) other relevant information.
28-4 (b) If a written complaint is filed with the board that the
28-5 board has authority to resolve, the board, at least as frequently
28-6 as quarterly and until final disposition of the complaint, shall
28-7 notify the parties to the complaint of the status of the complaint
28-8 unless the notice would jeopardize an undercover investigation.
28-9 (c) The board by rule shall adopt a form to standardize
28-10 information concerning complaints made to the board. The board by
28-11 rule shall prescribe information to be provided to a person when
28-12 the person files a complaint with the board.
28-13 (d) The board shall provide reasonable assistance to a
28-14 person who wishes to file a complaint with the board.
28-15 Sec. 16B. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
28-16 board shall adopt rules concerning the investigation of a complaint
28-17 filed with the board. The rules adopted under this subsection
28-18 shall:
28-19 (1) distinguish between categories of complaints;
28-20 (2) ensure that complaints are not dismissed without
28-21 appropriate consideration;
28-22 (3) require that the board be advised of a complaint
28-23 that is dismissed and that a letter be sent to the person who filed
28-24 the complaint explaining the action taken on the dismissed
28-25 complaint;
29-1 (4) ensure that the person who filed the complaint has
29-2 an opportunity to explain the allegations made in the complaint;
29-3 and
29-4 (5) prescribe guidelines concerning the categories of
29-5 complaints that require the use of a private investigator and the
29-6 procedures for the board to obtain the services of a private
29-7 investigator.
29-8 (b) The board shall dispose of all complaints in a timely
29-9 manner. The board shall establish a schedule for conducting each
29-10 phase of a complaint that is under the control of the board not
29-11 later than the 30th day after the date the complaint is received by
29-12 the board. The schedule shall be kept in the information file for
29-13 the complaint and all parties shall be notified of the projected
29-14 time requirements for pursuing the complaint. A change in the
29-15 schedule must be noted in the complaint information file and all
29-16 parties to the complaint must be notified not later than the
29-17 seventh day after the date the change is made.
29-18 (c) The executive secretary of the board shall notify the
29-19 board of a complaint that extends beyond the time prescribed by the
29-20 board for resolving the complaint.
29-21 Sec. 16C. INFORMAL PROCEEDINGS. (a) The board by rule
29-22 shall adopt procedures governing:
29-23 (1) informal disposition of a contested case under
29-24 Section 13(e), Administrative Procedure and Texas Register Act
29-25 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
30-1 subsequent amendments; and
30-2 (2) informal proceedings held in compliance with
30-3 Section 18(c), Administrative Procedure and Texas Register Act
30-4 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
30-5 subsequent amendments.
30-6 (b) Rules adopted under this section must provide the
30-7 complainant and the licensee an opportunity to be heard and must
30-8 require the presence of legal representation to advise the board or
30-9 board's employees.
30-10 Sec. 16D. MONITORING OF LICENSEES. The board by rule shall
30-11 develop a system for monitoring licensees' compliance with the
30-12 requirements of this Act. Rules adopted under this section shall
30-13 include procedures for monitoring a licensee who is ordered by the
30-14 board to perform certain acts to ascertain that the licensee
30-15 performs the required acts and to identify and monitor licensees
30-16 who represent a risk to the public.
30-17 SECTION 16. Section 18, Licensed Professional Counselor Act
30-18 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
30-19 as follows:
30-20 Sec. 18. ENDORSEMENT FOR OUT-OF-STATE APPLICANTS
30-21 <RECIPROCITY>. The board may grant, on application and payment of
30-22 fees, a license without examination to a person who at the time of
30-23 application holds a valid license or certificate as a counselor
30-24 issued by another state or any political territory or jurisdiction
30-25 acceptable to the board if in the board's opinion the requirements
31-1 for that license or certificate are substantially the same as or
31-2 more stringent than the requirements of this Act.
31-3 SECTION 17. Section 19, Licensed Professional Counselor Act
31-4 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
31-5 as follows:
31-6 Sec. 19. Revenue, Receipts and Disbursements. (a) All
31-7 money paid to the <The> department <shall receive and account for
31-8 funds derived> under this Act<. The funds> shall be deposited in
31-9 the State Treasury to the credit of a special fund to be known as
31-10 the professional counselors licensing fund and may be used only for
31-11 the administration of this Act.
31-12 (b) <The board may impose application, examination, license,
31-13 and renewal fees and any other appropriate fees in an amount fixed
31-14 by the board.> The board by rule shall establish reasonable and
31-15 necessary <fix the amounts of the> fees so that the fees, in the
31-16 aggregate, produce <to collect> sufficient revenue to meet the
31-17 expenses of administering this Act without accumulating unnecessary
31-18 surpluses.
31-19 (c) The fees set by the board may be adjusted so that the
31-20 total fees collected are sufficient to meet the expenses of
31-21 administering this Act. The board may not set a fee for an amount
31-22 less than the amount of that fee on September 1, 1993.
31-23 (d) The board may authorize, from funds appropriated to the
31-24 board, all necessary disbursements to carry out this Act.
31-25 (e) The financial transactions of the board are subject to
32-1 audit by the state auditor in accordance with Chapter 321,
32-2 Government Code, and its subsequent amendments.
32-3 SECTION 18. Section 20, Licensed Professional Counselor Act
32-4 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
32-5 as follows:
32-6 Sec. 20. ANNUAL FINANCIAL REPORT. The board shall file
32-7 annually with the governor and the presiding officer of each house
32-8 of the legislature a complete and detailed written report
32-9 accounting for all funds received and disbursed by the board during
32-10 the preceding fiscal year. The annual report must be in the form
32-11 and reported in the time provided by the General Appropriations Act
32-12 <Not later than the 90th day after the last day of each state
32-13 fiscal year, the board shall submit to the governor, lieutenant
32-14 governor, and speaker of the house a report about the activities of
32-15 the board during the preceding fiscal year>.
32-16 SECTION 19. Section 21, Licensed Professional Counselor Act
32-17 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
32-18 as follows:
32-19 Sec. 21. Sunset provision. The Texas State Board of
32-20 Examiners of Professional Counselors is subject to Chapter 325,
32-21 Government Code (Texas Sunset Act). Unless the board is continued
32-22 in existence as provided by that chapter, the board is abolished
32-23 September 1, 2005 <1993>.
32-24 SECTION 20. The changes in law made by this Act in the
32-25 qualifications of, and prohibitions applying to, members of the
33-1 Texas State Board of Examiners of Professional Counselors do not
33-2 affect the entitlement of a member appointed before September 1,
33-3 1993, to continue to hold office on the board for the term for
33-4 which the member was appointed. The changes in law apply only to a
33-5 member appointed on or after September 1, 1993.
33-6 SECTION 21. Sections 9, 13, and 22, Licensed Professional
33-7 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes), are
33-8 repealed.
33-9 SECTION 22. (a) This Act takes effect September 1, 1993.
33-10 (b) The change in law made by this Act to Section 10,
33-11 Licensed Professional Counselor Act (Article 4512g, Vernon's Texas
33-12 Civil Statutes), applies only to a person who applies for a
33-13 professional counselor's license on or after September 1, 1996. A
33-14 person who applies for a professional counselor's license before
33-15 that date is covered by the law in effect when the person applied,
33-16 and the former law is continued in effect for that purpose.
33-17 (c) The change in law made by this Act to Section 15,
33-18 Licensed Professional Counselor Act (Article 4512g, Vernon's Texas
33-19 Civil Statutes), applies only to an offense committed on or after
33-20 January 1, 1994. For purposes of this subsection, an offense is
33-21 committed before the effective date of this Act if any element of
33-22 the offense occurs before that date. An offense committed before
33-23 January 1, 1994, is covered by the law in effect when the offense
33-24 was committed, and the former law is continued in effect for that
33-25 purpose.
34-1 SECTION 23. The importance of this legislation and the
34-2 crowded condition of the calendars in both houses create an
34-3 emergency and an imperative public necessity that the
34-4 constitutional rule requiring bills to be read on three several
34-5 days in each house be suspended, and this rule is hereby suspended.