H.B. No. 2741
1-1 AN ACT
1-2 relating to the regulation of professional counselors and to the
1-3 continuation of the Texas State Board of Examiners of Professional
1-4 Counselors; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The Licensed Professional Counselor Act (Article
1-7 4512g, Vernon's Texas Civil Statutes) is amended by adding Section
1-8 1A to read as follows:
1-9 Sec. 1A. POLICY STATEMENT. It is the policy of this state
1-10 that the activities of a person who provides services to the public
1-11 as a counselor and uses the title licensed professional counselor
1-12 should be regulated to protect the health, safety, and welfare of
1-13 the public.
1-14 SECTION 2. Sections 2(1), (4), and (7), Licensed
1-15 Professional Counselor Act (Article 4512g, Vernon's Texas Civil
1-16 Statutes), are amended to read as follows:
1-17 (1) "Licensed professional counselor" means a person
1-18 who:
1-19 (A) has the authority to engage in the
1-20 autonomous practice of counseling and who represents himself or
1-21 herself to the public by any title or description of services
1-22 incorporating the words "Licensed Counselor," who offers to render
1-23 professional counseling services to individuals, couples, families,
2-1 groups, organizations, corporations, institutions, government
2-2 agencies, or the general public for compensation, implying that he
2-3 or she is licensed and trained, experienced, or expert in
2-4 counseling, and who holds a valid license issued under this Act to
2-5 engage in the practice of counseling; or
2-6 (B) a person who holds a valid license issued
2-7 under this Act and who engages in any type of practice of
2-8 counseling.
2-9 (4) "Applicant" means an individual who seeks a
2-10 license <licensing> under this Act.
2-11 (7) "Practice of counseling" means rendering or
2-12 offering to render, to individuals, couples, families, groups,
2-13 organizations, or the general public, counseling or guidance
2-14 services, for compensation, involving the application of
2-15 principles, methods, or procedures of the counseling profession
2-16 that include <but are not restricted to>:
2-17 (A) "counseling" which means assisting one or
2-18 more clients <an individual or groups,> through the therapeutic
2-19 <counseling> relationship, using a combination of mental health and
2-20 human development principles, methods, and techniques, including
2-21 the use of psychotherapy, to achieve the mental, emotional,
2-22 physical, social, moral, educational, spiritual, or career-related
2-23 development and adjustment of the client throughout the client's
2-24 life <to develop understanding of personal problems, to define
2-25 goals, and to plan action reflecting an individual's or group's
3-1 interests, abilities, aptitudes, and needs as they are related to
3-2 personal-social concerns, educational progress, and occupations and
3-3 careers>;
3-4 (B) "appraisal activities" which means
3-5 selecting, administering, scoring, and interpreting instruments
3-6 designed to assess an individual's aptitudes, attitudes, abilities,
3-7 achievements, interests, and personal characteristics and the use
3-8 of methods and techniques for understanding human behavior that may
3-9 <but does not> include the evaluation and treatment by counseling
3-10 methods, techniques, and procedures for mental and emotional
3-11 disorders, alcoholism and substance abuse, and other habit or
3-12 conduct disorders but does not include the use of projective
3-13 techniques in the assessment of personality;
3-14 (C) "counseling, guidance, and personnel
3-15 consulting" which means interpreting or reporting on scientific
3-16 fact or theory in counseling, guidance, and personnel services to
3-17 provide assistance in solving some current or potential problems of
3-18 individuals, couples, families, groups, or organizations; and
3-19 (D) "referral <activities>" which means
3-20 evaluating and identifying needs of a counselee to determine the
3-21 advisability of referral to other specialists, informing the
3-22 counselee of such judgment, and communicating as requested or
3-23 deemed appropriate to such referral sources <the evaluating of data
3-24 to identify problems and to determine advisability of referral to
3-25 other specialists; and>
4-1 <(E) "research activities" which means the
4-2 designing, conducting, and interpreting of research with human
4-3 subjects>.
4-4 SECTION 3. Section 3(a), Licensed Professional Counselor Act
4-5 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
4-6 as follows:
4-7 (a) Except as provided by Subsection (b) of this section,
4-8 this Act does not apply to:
4-9 (1) the activities and services of or use of an
4-10 official title by a person employed as a counselor by a federal,
4-11 state, county, or municipal agency or public or private educational
4-12 institution, if the person is performing counseling or
4-13 counseling-related activities within the scope of his employment;
4-14 (2) the activities and services of a student, intern,
4-15 or trainee in counseling pursuing a course of study in counseling
4-16 in a regionally accredited institution of higher education or
4-17 training institution, if these activities and services constitute a
4-18 part of the supervised course of study and the person is designated
4-19 a "counselor intern";
4-20 (3) the activities and services of a nonresident
4-21 rendered not more than 30 days during any year, if the person is
4-22 authorized to perform the activities and services under the law of
4-23 the state or country of his residence;
4-24 (4) the activities and services of <licensed> members
4-25 of other professions licensed or certified by the state, such as
5-1 physicians, registered nurses, psychologists, certified social
5-2 workers, licensed marriage and family therapists, licensed chemical
5-3 dependency counselors, licensed optometrists in the evaluation and
5-4 remediation of learning or behavioral disabilities associated with
5-5 or caused by a defective or abnormal condition of vision, Christian
5-6 Science practitioners who are recognized by the Church of Christ
5-7 Scientist as registered and published in the Christian Science
5-8 Journal, or other recognized religious practitioners performing
5-9 counseling consistent with the law of the state, their training,
5-10 and any code of ethics of their professions, if they do not
5-11 represent themselves by any title or description in the manner
5-12 prescribed by Section 2 of this Act;
5-13 (5) the activities, services, titles, and descriptions
5-14 of persons licensed to practice law;
5-15 (6) the activities, services, titles, and descriptions
5-16 of persons employed as professionals or who are <as> volunteers in
5-17 the practice of counseling for public and private nonprofit
5-18 organizations or charities who are accountable to the persons'
5-19 sponsoring organization and do not use the title or hold themselves
5-20 out to be licensed counselors; <or>
5-21 (7) persons supervised by a physician and recognized
5-22 as physician assistants by the Texas State Board of Medical
5-23 Examiners, if the persons act strictly within their scope of
5-24 practice and do not use the titles covered by Section 15(b)(3) of
5-25 this Act; or
6-1 (8) persons owning, operating, or employed by a
6-2 certified career counseling service regulated under Chapter 222,
6-3 Acts of the 70th Legislature, Regular Session, 1987 (Article
6-4 5221a-8, Vernon's Texas Civil Statutes) <providing counseling
6-5 services exclusively related to marriage and family concerns and
6-6 who hold a masters or doctorate degree in the area of marriage and
6-7 family therapy from an accredited college or university>.
6-8 SECTION 4. Sections 4(c)-(g), Licensed Professional
6-9 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes), are
6-10 amended to read as follows:
6-11 (c) Five members of the board must be licensed professional
6-12 counselors, at least one of whom is a <Not later than the 30th day
6-13 after the effective date of this Act, the executive committee of
6-14 the Texas Personnel and Guidance Association shall submit to the
6-15 governor a list of qualified candidates for the board, including
6-16 the names of four qualified counselor educators and 12 qualified
6-17 practicing counselors. Not later than the 60th day after the date
6-18 the list is received, the governor shall select from the list the
6-19 membership of the board consisting of one> counselor educator and
6-20 at least three of whom are <four counselors> in private practice.
6-21 The governor shall appoint four citizens from the general public
6-22 <who have no direct or indirect affiliation with the practice of
6-23 counseling or delivery of mental health services>.
6-24 (d) Members <Except for the initial appointees, members>
6-25 hold office for staggered terms of six years, with three members'
7-1 terms expiring February 1 of each odd-numbered year. In making an
7-2 appointment, the governor shall specify which member each new
7-3 appointee succeeds. Before entering on the duties of his office,
7-4 each member of the board shall take the constitutional oath of
7-5 office and file it with the secretary of state.
7-6 (e) An officer, employee, or paid consultant of a Texas
7-7 trade association in the field of health care may not be a <A>
7-8 member <of the board> or <an> employee of the department that
7-9 carries out the functions of the board who is exempt from the
7-10 state's position classification plan or is compensated at or above
7-11 the amount prescribed by the General Appropriations Act for step 1,
7-12 salary group 17, of the position classification salary schedule. A
7-13 person who is the spouse of an officer, manager, or paid consultant
7-14 of a Texas trade association in the field of health care may not be
7-15 a board member and may not be an employee of the board who is
7-16 exempt from the state's position classification plan or is
7-17 compensated at or above the amount prescribed by the General
7-18 Appropriations Act for step 1, salary group 17, of the position
7-19 classification salary schedule <or of the department that carries
7-20 out the functions of the board may not:>
7-21 <(1) be an officer, employee, or paid consultant of a
7-22 trade association in the counseling services industry;>
7-23 <(2) be related within the second degree by affinity
7-24 or within the third degree by consanguinity, as determined under
7-25 Article 5996h, Revised Statutes, to a person who is an officer,
8-1 employee, or paid consultant of a trade association in the
8-2 counseling services industry; or>
8-3 <(3) communicate directly or indirectly with a party
8-4 or the party's representative to a proceeding pending before the
8-5 board unless notice and an opportunity to participate are given to
8-6 each party to the proceeding, if the member or agent is assigned to
8-7 make a decision, a finding of fact, or a conclusion of law in the
8-8 proceeding>.
8-9 (f) For the purposes of this section, a Texas trade
8-10 association is a nonprofit, cooperative, and voluntarily joined
8-11 association of business or professional competitors in this state
8-12 designed to assist its members and its industry or profession in
8-13 dealing with mutual business or professional problems and in
8-14 promoting their common interest <A member of the board who is the
8-15 designated representative of the general public may not have
8-16 personally, nor be related to a person within the second degree by
8-17 affinity or third degree by consanguinity, as determined under
8-18 Article 5996h, Revised Statutes, who has, except as a consumer, a
8-19 financial interest in counseling services as an officer, director,
8-20 partner, owner, employee, attorney, or paid consultant>.
8-21 (g) A person may not serve as a member of the board or act
8-22 as the general counsel to the board if the person <who> is required
8-23 to register as a lobbyist under Chapter 305, Government Code,
8-24 because of the person's activities for compensation on behalf of a
8-25 profession related to the operation of the board <may not serve as
9-1 a member of the board or act as the general counsel to the board>.
9-2 SECTION 5. Section 5, Licensed Professional Counselor Act
9-3 (Article 4512g, Vernon's Texas Civil Statutes), is amended by
9-4 amending Subsections (a), (b), and (c) and adding Subsections (e)
9-5 and (f) to read as follows:
9-6 (a) To be qualified for appointment as a professional member
9-7 of the board, a person must:
9-8 (1) be a citizen of the United States and a resident
9-9 of this state for the 30 months immediately preceding appointment;
9-10 (2) have engaged in the field of counseling for at
9-11 least 24 months or 2,000 hours;
9-12 (3) be licensed under this Act<, except that an
9-13 initial appointee to the board must, instead of being licensed
9-14 under this Act, meet the requirements of Section 9 of this Act
9-15 except that he must possess a graduate degree, 30 graduate semester
9-16 hours in the field of counseling or its equivalent, and have
9-17 engaged in the field of counseling for at least 24 months or 2,000
9-18 hours after the granting of a graduate degree>; and
9-19 (4) be appointed in accordance with Section 4 of this
9-20 Act.
9-21 (b) To be qualified for appointment as a member who is a
9-22 representative of the general public, a person must:
9-23 (1) be a citizen of the United States and a resident
9-24 of this state for the 30 months immediately preceding appointment;
9-25 <and>
10-1 (2) be at least 18 years old; and
10-2 (3) meet the requirements of Subsection (e) of this
10-3 section.
10-4 (c) It is a ground for removal from the board if a member:
10-5 (1) does not have at the time of appointment the
10-6 qualifications required by Subsection (a) or (b) of this section,
10-7 as appropriate, for appointment to the board;
10-8 (2) does not maintain during the service on the board
10-9 the qualifications required by Subsection (a) or (b) of this
10-10 section, as appropriate, for appointment to the board; <or>
10-11 (3) violates a prohibition established by Subsection
10-12 (e) of this section if the member is a public member or
10-13 <Subdivision (1) or (2) of> Subsection (e) of Section 4 of this
10-14 Act;
10-15 (4) cannot discharge the member's duties for a
10-16 substantial part of the term for which the member is appointed
10-17 because of illness or disability; or
10-18 (5) is absent for more than half of the regularly
10-19 scheduled board meetings that a member is eligible to attend during
10-20 a calendar year unless the absence is excused by majority vote of
10-21 the board.
10-22 (e) A person is not eligible for appointment as a public
10-23 member of the board if the person or the person's spouse:
10-24 (1) is registered, certified, or licensed by an
10-25 occupational regulatory agency in the field of health care;
11-1 (2) is employed by or participates in the management
11-2 of a business entity or other organization receiving funds from the
11-3 board;
11-4 (3) owns or controls, directly or indirectly, more
11-5 than 10 percent interest in a business entity or other organization
11-6 receiving funds from the board; or
11-7 (4) uses or receives a substantial amount of funds
11-8 from the board, other than compensation or reimbursement authorized
11-9 by law for board membership, attendance, or expenses.
11-10 (f) If the executive secretary has knowledge that a
11-11 potential ground for removal exists, the executive secretary shall
11-12 notify the governor and the attorney general that a potential
11-13 ground for removal exists.
11-14 SECTION 6. Sections 6(a), (b), (d), and (e), Licensed
11-15 Professional Counselor Act (Article 4512g, Vernon's Texas Civil
11-16 Statutes), are amended to read as follows:
11-17 (a) The governor shall designate one member of the board as
11-18 the chairman of the board to serve in that capacity at the pleasure
11-19 of the governor. <The board shall meet not later than the 30th day
11-20 after the day its members are appointed by the governor.> The
11-21 board shall elect a <chairman and a> vice-chairman who shall hold
11-22 office according to the rules adopted by the board.
11-23 (b) The board shall hold at least two regular meetings each
11-24 year as provided by rules adopted by the board <and approved by the
11-25 department>. Five members constitute a quorum.
12-1 (d) The board shall investigate and dispose of complaints as
12-2 provided by Section 16B of this Act <keep an information file about
12-3 each complaint filed with the board. If a written complaint is
12-4 filed with the board relating to a licensee under this Act, the
12-5 board, at least as frequently as quarterly and until the complaint
12-6 is finally disposed of, shall notify the complainant of the status
12-7 of the complaint>.
12-8 (e) The board shall:
12-9 (1) determine the qualifications and fitness of
12-10 applicants for licenses, renewal of licenses, and provisional
12-11 <reciprocal> licenses;
12-12 (2) adopt and revise<, with the approval of the
12-13 department,> rules not inconsistent with the law of this state that
12-14 are necessary to administer this Act. However, the board may not
12-15 adopt rules restricting competitive bidding or advertising by
12-16 licensees except to prohibit false, misleading, or deceptive
12-17 practices. The board may not include in its rules to prohibit
12-18 false, misleading, or deceptive practices by licensees a rule that:
12-19 (A) restricts a licensee's use of any medium for
12-20 advertising;
12-21 (B) restricts a licensee's personal appearance
12-22 or use of the person's <his> personal voice in an advertisement;
12-23 (C) relates to the size or duration of an
12-24 advertisement by a licensee; or
12-25 (D) restricts a licensee's advertisement under a
13-1 trade name;
13-2 (3) adopt and publish a code of ethics and adopt an
13-3 official seal;
13-4 (4) examine for, deny, approve, issue, revoke,
13-5 suspend, suspend on an emergency basis, place on probation, and
13-6 renew the licenses of counselor applicants and licensees under this
13-7 Act <and conduct hearings in connection with these actions>;
13-8 (5) establish a mandatory continuing education program
13-9 for licensees;
13-10 (6) conduct hearings on <complaints concerning
13-11 violations of this Act and> the rules adopted under this Act,
13-12 notify the appropriate prosecuting attorney of an alleged offense
13-13 committed under this Act, and seek an injunction for a violation of
13-14 this Act <and cause the prosecution and enjoinder of the
13-15 violations>;
13-16 <(6) expend money necessary for the proper
13-17 administration of its assigned duties;>
13-18 (7) set fees <with the approval of the department> for
13-19 the board's services in amounts that are sufficient to meet the
13-20 expenses of administering this Act;
13-21 (8) request and receive the assistance of state
13-22 educational institutions or other state agencies; <and>
13-23 (9) prepare and disseminate consumer information,
13-24 including <of consumer interest> describing the regulatory
13-25 functions of the board and describing the board's procedures by
14-1 which consumer complaints are filed with and resolved by the board.
14-2 The board shall make the information available to the general
14-3 public and appropriate state agencies; and
14-4 (10) by rule adopt a list of authorized counseling
14-5 methods or practices that a licensee may undertake or perform.
14-6 SECTION 7. The Licensed Professional Counselor Act (Article
14-7 4512g, Vernon's Texas Civil Statutes) is amended by adding Sections
14-8 6A, 6B, 6C, 6D, and 6E to read as follows:
14-9 Sec. 6A. PUBLIC COMPLAINTS; TOLL-FREE TELEPHONE SERVICE.
14-10 (a) The board by rule shall establish methods by which consumers
14-11 and service recipients are notified of the name, mailing address,
14-12 and telephone number of the board for the purpose of directing
14-13 complaints to the board. The board may provide for that
14-14 notification:
14-15 (1) on each registration form, application, or written
14-16 contract for services of an individual or entity regulated under
14-17 this Act;
14-18 (2) on a sign prominently displayed in the place of
14-19 business of each individual or entity regulated under this Act; or
14-20 (3) in a bill for service provided by an individual or
14-21 entity regulated under this Act.
14-22 (b) The board shall list along with its regular telephone
14-23 number the toll-free telephone number that may be called to present
14-24 a complaint about a health professional if the toll-free number is
14-25 established under other state law.
15-1 Sec. 6B. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
15-2 shall develop and implement policies that provide the public with a
15-3 reasonable opportunity to appear before the board and to speak on
15-4 any issue under the jurisdiction of the board.
15-5 Sec. 6C. PROGRAM ACCESSIBILITY. The board shall prepare and
15-6 maintain a written plan that describes how a person who does not
15-7 speak English can be provided reasonable access to the board's
15-8 programs. The board shall also comply with federal and state laws
15-9 for program and facility accessibility.
15-10 Sec. 6D. TRAINING; STANDARDS OF CONDUCT INFORMATION. (a)
15-11 Each board member shall comply with the board member training
15-12 requirements established by any other state agency that is given
15-13 authority to establish the requirements for the board.
15-14 (b) The board shall provide to its members and employees, as
15-15 often as necessary, information regarding their qualifications for
15-16 office or employment under this Act and their responsibilities
15-17 under applicable laws relating to standards of conduct for state
15-18 officers or employees.
15-19 (c) The board shall develop and implement policies that
15-20 clearly define the respective responsibilities of the board and the
15-21 staff of the board.
15-22 Sec. 6E. TRAINING AND GUIDELINES FOR MEMBERS OF THE BOARD.
15-23 (a) The board shall establish a training program for the members
15-24 of the board.
15-25 (b) Before a member of a board may assume the member's
16-1 duties and before the member may be confirmed by the senate, the
16-2 member must complete at least one course of the training program
16-3 established under this section.
16-4 (c) A training program established under this section shall
16-5 provide information to a participant regarding:
16-6 (1) the enabling legislation that created the board;
16-7 (2) the programs operated by the board;
16-8 (3) the role and functions of the board;
16-9 (4) the rules of the board with an emphasis on the
16-10 rules that relate to disciplinary and investigatory authority;
16-11 (5) the current budget for the board;
16-12 (6) the results of the most recent formal audit of the
16-13 board;
16-14 (7) the requirements of the:
16-15 (A) open meetings law, Chapter 271, Acts of the
16-16 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
16-17 Texas Civil Statutes), and its subsequent amendments;
16-18 (B) open records law, Chapter 424, Acts of the
16-19 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
16-20 Texas Civil Statutes), and its subsequent amendments; and
16-21 (C) Administrative Procedure and Texas Register
16-22 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
16-23 subsequent amendments;
16-24 (8) the requirements of the conflict of interest laws
16-25 and other laws relating to public officials; and
17-1 (9) any applicable ethics policies adopted by the
17-2 board or the Texas Ethics Commission.
17-3 (d) In developing the training requirements provided for in
17-4 this section, the board shall consult with the governor's office,
17-5 the attorney general's office, and the Texas Ethics Commission.
17-6 (e) In the event that another state agency or entity is
17-7 given the authority to establish the training requirements, the
17-8 board shall allow that training in lieu of developing its own
17-9 program.
17-10 SECTION 8. Section 7, Licensed Professional Counselor Act
17-11 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
17-12 as follows:
17-13 Sec. 7. Reimbursements of Board Expenses. A member of the
17-14 board is entitled to a per diem as set by the General
17-15 Appropriations Act <may not receive a fixed salary for his
17-16 services, but each member is entitled to a per diem as set by
17-17 legislative appropriation> for each day that the member engages in
17-18 the business of the board. A member may <not> receive <any>
17-19 compensation for <travel> expenses<, including expenses for meals
17-20 and lodging, other than transportation expenses. A member is
17-21 entitled to compensation for transportation expenses> as provided
17-22 by the General Appropriations Act.
17-23 SECTION 9. Section 8, Licensed Professional Counselor Act
17-24 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
17-25 as follows:
18-1 Sec. 8. Board Personnel. (a) The executive secretary must
18-2 be an employee of the department. The Commissioner of Health, with
18-3 the advice and consent of <after consulting with> the board, shall
18-4 designate an employee to serve as executive secretary of the board.
18-5 The executive secretary shall be the administrator of professional
18-6 counselor licensing activities for the board. In addition to his
18-7 other duties prescribed by this Act and by the department, the
18-8 executive secretary shall:
18-9 (1) keep full and accurate minutes of the transactions
18-10 and proceedings of the board;
18-11 (2) be the custodian of the files and records of the
18-12 board;
18-13 (3) prepare and recommend to the board plans and
18-14 procedures necessary to implement the purposes and objectives of
18-15 this Act, including rules and proposals on administrative
18-16 procedures not inconsistent with this Act;
18-17 (4) exercise general supervision over persons employed
18-18 by the department in the administration of this Act;
18-19 (5) be responsible for the investigation of complaints
18-20 and for the presentation of formal complaints;
18-21 (6) attend all meetings of the board, but the
18-22 executive secretary is not entitled to vote at board meetings; and
18-23 (7) handle or arrange for the handling of the
18-24 correspondence of the board, make or arrange for necessary
18-25 inspections and investigations, and obtain, assemble, or prepare
19-1 the reports and information that the board may direct or authorize.
19-2 (b) The board shall develop and implement policies that
19-3 clearly define the respective responsibilities of the board and the
19-4 staff of the board.
19-5 (c) The basic personnel and necessary facilities that are
19-6 required to administer this Act shall be the personnel and
19-7 facilities of the department acting as the agents of the board.
19-8 The department may secure by agreement services that it considers
19-9 necessary and provide for compensation for these services and may
19-10 employ and compensate, within appropriations available, the
19-11 professional consultants, technical assistants, and employees on a
19-12 full- or part-time basis necessary to administer this Act.
19-13 SECTION 10. Section 10, Licensed Professional Counselor Act
19-14 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
19-15 as follows:
19-16 Sec. 10. Applicant Qualifications. A person is a qualified
19-17 applicant if the person <An applicant is qualified for a license to
19-18 practice counseling if the applicant>:
19-19 (1) is at least 18 years old;
19-20 (2) has submitted an application as required by the
19-21 board, accompanied by the application fee set by the board; the
19-22 board may require that the statements on the application be made
19-23 under oath;
19-24 (3) has a master's or doctorate degree in counseling
19-25 or a related field <met requirements prescribed by the board>;
20-1 (4) has successfully completed a graduate degree at a
20-2 regionally accredited institution of higher education and a planned
20-3 graduate program of 48 graduate <45> semester hours or the
20-4 substantial equivalent, including 300 clock hours of supervised
20-5 practicum that is primarily counseling in nature and that meets the
20-6 specific academic course content and training standards established
20-7 by the board. The board shall review and consider <use> the
20-8 standards as developed by the appropriate professional association;
20-9 <and>
20-10 (5) has completed 24 months or 2,000 hours of
20-11 supervised experience working in a counseling setting that meets
20-12 the requirements established by the board after the completion of
20-13 the 48 graduate semester hour or equivalent graduate program;
20-14 (6) has successfully completed the examination
20-15 required under this Act; and
20-16 (7) has met the requirements prescribed by the board.
20-17 SECTION 11. Sections 12(b), (c), and (d), Licensed
20-18 Professional Counselor Act (Article 4512g, Vernon's Texas Civil
20-19 Statutes), are amended to read as follows:
20-20 (b) If a written examination is required, the board shall
20-21 grade the examination and recommend to the chairman action to be
20-22 taken. To ensure impartiality, written examination documents shall
20-23 be identified by number, and no paper may be marked with the name
20-24 of an applicant but shall be anonymously graded by the board. The
20-25 board shall have the written portion of the examination, if any,
21-1 validated under the direction of a testing professional. In the
21-2 event an applicant fails to receive a passing grade on the entire
21-3 examination, he may reapply and shall be allowed to take a
21-4 subsequent examination. An applicant who has failed two successive
21-5 examinations may not reapply until two years have elapsed from the
21-6 date of the last examination or he has satisfactorily completed
21-7 nine graduate semester hours in the applicant's weakest portion of
21-8 the examination.
21-9 (c) Not later than the 30th day <Within 30 days> after the
21-10 day a licensing examination is administered under this Act, the
21-11 board shall notify each examinee of the results of the examination.
21-12 However, if an examination is graded or reviewed by a national
21-13 testing service, the board shall notify each examinee of the
21-14 results of the examination not later than the 14th day <within two
21-15 weeks> after the day the board receives the results from the
21-16 testing service. If the notice of the examination results graded
21-17 or reviewed by the national testing service will be delayed for
21-18 more than 90 days after the examination date, the board shall
21-19 notify the examinee of the reason for the delay before the 90th
21-20 day.
21-21 (d) If requested in writing by a person who fails the
21-22 examination for a license, the board shall furnish to the person an
21-23 analysis of the person's performance on the examination.
21-24 SECTION 12. Section 14, Licensed Professional Counselor Act
21-25 (Article 4512g, Vernon's Texas Civil Statutes), is amended by
22-1 amending Subsections (d), (f), (g), and (h) and adding Subsections
22-2 (i)-(r) to read as follows:
22-3 (d) Each year the board shall prepare a registry of licensed
22-4 professional counselors <with specialties, if any, identified>.
22-5 The registry shall be made available to the licensees, other state
22-6 agencies, and the general public on request.
22-7 (f) The board by rule shall establish a minimum number of
22-8 hours of continuing education required to renew a license under
22-9 this Act. The board may assess the continuing education needs of
22-10 licensees and may require licensees to attend continuing education
22-11 courses specified by the board. The board by rule shall develop a
22-12 process to evaluate and approve continuing education courses.
22-13 (g) The board shall identify the key factors for the
22-14 competent performance by a licensee of the licensee's professional
22-15 duties. The board shall implement a procedure to assess a
22-16 licensee's participation in continuing education programs.
22-17 (h) Each person licensed under this Act is responsible for
22-18 renewing his license before the expiration date.
22-19 (i) <(g)> The board shall adopt a system under which
22-20 licenses expire on various dates during the year. For the year in
22-21 which the initial license <expiration date> is issued <changed>,
22-22 license fees payable on the date of issuance shall be prorated on a
22-23 monthly basis so that each licensee shall pay only that portion of
22-24 the license fee that is applicable to the number of months during
22-25 which the license is valid. On renewal of the license <on the new
23-1 expiration date>, the total license fee is payable.
23-2 (j) A person may renew an unexpired license by paying to the
23-3 board before the expiration of the license the required renewal
23-4 fee.
23-5 (k) If a person's license has been expired for 90 days or
23-6 less, the person may renew the license by paying to the board the
23-7 required renewal fee and a fee that is one-half of the examination
23-8 fee for the license.
23-9 (l) If a person's license has been expired for longer than
23-10 90 days but less than one year because of the person's failure to
23-11 pay the renewal fee or failure to meet continuing education
23-12 requirements, the person may renew the license by paying to the
23-13 board all unpaid renewal fees and a fee that is equal to the
23-14 examination fee for the license and providing the board with proof
23-15 of completing the required continuing education.
23-16 (m) If a person's license has been expired for one year or
23-17 longer, the person may not renew the license. The person may
23-18 obtain a new license by complying with the requirements and
23-19 procedures for obtaining an original license. However, the board
23-20 may renew without reexamination an expired license of a person who
23-21 was licensed in this state, moved to another state, and is
23-22 currently licensed and has been in practice in the other state for
23-23 the two years preceding application. The person must pay to the
23-24 board a fee that is equal to the examination fee for the license.
23-25 (n) At least 30 days before the expiration of a person's
24-1 license, the board shall send written notice of the impending
24-2 license expiration to the person at the licensee's last known
24-3 address according to the records of the board. <Failure to renew a
24-4 license by the expiration date shall result in an increase of the
24-5 renewal fee by an amount to be determined by the board with the
24-6 approval of the department. If failure to renew continues for more
24-7 than 30 days after the date of expiration, the board shall notify
24-8 the person licensed under this Act of the expiration date of his
24-9 license and the amount of the fee required for renewal. If failure
24-10 to renew continues for more than 90 days after the date of
24-11 expiration of the license, the license shall be revoked. Any
24-12 licensee whose license is revoked because of failure to pay the
24-13 annual license renewal fee may secure reinstatement of his license
24-14 at any time within one year from the expiration date on payment of
24-15 the license fee and a penalty fee in an amount to be determined by
24-16 the board with the approval of the department. After the
24-17 expiration of the year for which the license fee was not paid, a
24-18 license may not be reinstated unless the licensee fulfills current
24-19 requirements applicable to all licensees as provided by the rules
24-20 adopted by the board.>
24-21 (o) <(h)> A licensee may request that the licensee's <his>
24-22 license be declared inactive. The licensee then foregoes the
24-23 licensing rights granted under this Act but is relieved of renewal
24-24 fees and penalty fees. The <At any time in the future, the>
24-25 license shall be declared active on the payment of a license fee if
25-1 the applicant is not in violation of this Act at the time of
25-2 application for reactivation <or renewal> of the license and if the
25-3 applicant fulfills current requirements applicable to all inactive
25-4 licensees as provided by the rules adopted by the board.
25-5 (p) The board by rule may provide for the issuance of a
25-6 temporary license. Rules adopted under this subsection shall
25-7 include a time limit for a temporary license.
25-8 (q) The board by rule may adopt a system under which a
25-9 temporary license may be issued to individuals who have met all of
25-10 the academic requirements for licensing and who have entered into a
25-11 supervisory agreement with a supervisor approved by the board.
25-12 (r) The board by rule may adopt a system for placing a
25-13 licensee on retirement status.
25-14 SECTION 13. Section 15, Licensed Professional Counselor Act
25-15 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
25-16 as follows:
25-17 Sec. 15. LICENSE REQUIRED; PENALTY. (a) Unless the person
25-18 is exempt under Section 3 of this Act, a person may not engage on
25-19 or after January 1, 1994, in the practice of counseling without a
25-20 license issued under this Act.
25-21 (b) A person commits an offense if the person<, after one
25-22 year from the effective date of this Act,> knowingly or
25-23 intentionally: <acts as a licensed professional counselor without
25-24 a license issued under this Act>
25-25 (1) engages in the practice of counseling without
26-1 holding a license issued under this Act;
26-2 (2) engages in the practice of counseling after the
26-3 person's license under this Act has expired;
26-4 (3) represents the person by the title "Licensed
26-5 Professional Counselor" or "Licensed Counselor" without being
26-6 licensed under this Act; or
26-7 (4) makes use of any title, words, letters, or
26-8 abbreviations that imply that the person is licensed under this Act
26-9 if the person is not licensed under this Act.
26-10 (c) <(b)> An offense under Subsection (b) of this section is
26-11 a Class B misdemeanor.
26-12 SECTION 14. Section 16, Licensed Professional Counselor Act
26-13 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
26-14 as follows:
26-15 Sec. 16. DISCIPLINARY ACTIONS <REVOCATION OR SUSPENSION OF
26-16 LICENSE>. (a) The board shall <may> revoke, suspend, <or> suspend
26-17 on an emergency basis the license of a counselor, place on
26-18 probation a counselor whose license has been suspended, or
26-19 reprimand a counselor if <on proof that> the counselor:
26-20 (1) has violated this Act or a rule or code of ethics
26-21 adopted by the board; <or>
26-22 (2) is legally committed to an institution because of
26-23 mental incompetence from any cause; or
26-24 (3) offers to pay or agrees to accept any
26-25 remuneration, directly or indirectly, to or from any person or
27-1 entity for securing or soliciting a patient or patronage.
27-2 (b) If a license suspension is probated, the board may
27-3 require the licensee to:
27-4 (1) report regularly to the board on matters that are
27-5 the basis of the probation;
27-6 (2) limit practice to the areas prescribed by the
27-7 board; or
27-8 (3) continue or review continuing professional
27-9 education until the licensee attains a degree of skill satisfactory
27-10 to the board in those areas that are the basis of the probation.
27-11 (c) A licensee is entitled to a hearing conducted by the
27-12 State Office of Administrative Hearings before a sanction is
27-13 imposed under this section.
27-14 (d) The board by rule shall adopt a broad schedule of
27-15 sanctions for violations under this Act. The State Office of
27-16 Administrative Hearings shall use the schedule for any sanction
27-17 imposed as the result of a hearing conducted by that office.
27-18 (e) Proceedings for revocation or suspension of a license
27-19 and appeals from those proceedings are governed by the
27-20 Administrative Procedure and Texas Register Act, as amended
27-21 (Article 6252-13a, Vernon's Texas Civil Statutes).
27-22 SECTION 15. The Licensed Professional Counselor Act (Article
27-23 4512g, Vernon's Texas Civil Statutes) is amended by adding Sections
27-24 16A, 16B, 16C, 16D, and 16E to read as follows:
27-25 Sec. 16A. TEMPORARY SUSPENSION OF LICENSE. If the majority
28-1 of the board or a three-member committee of board members
28-2 designated by the board determines from the evidence or information
28-3 presented to it that a licensed professional counselor by
28-4 continuation in practice would constitute a continuing and imminent
28-5 threat to the public welfare, the board or the three-member
28-6 committee shall temporarily suspend the license of the licensed
28-7 professional counselor. The license may be suspended under this
28-8 section without notice or hearing on the complaint, provided
28-9 institution of proceedings for a hearing before the State Office of
28-10 Administrative Hearings is initiated simultaneously with the
28-11 temporary suspension and provided that a hearing is held as soon as
28-12 can be accomplished under this chapter and the Administrative
28-13 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
28-14 Civil Statutes) and its subsequent amendments. The State Office of
28-15 Administrative Hearings shall hold a preliminary hearing not later
28-16 than the 14th day after the date of the temporary suspension to
28-17 determine if probable cause exists that a continuing and imminent
28-18 threat to the public welfare still exists. A final hearing on the
28-19 matter shall be held not later than the 61st day after the date of
28-20 temporary suspension.
28-21 Sec. 16B. COMPLAINT PROCEDURE IN GENERAL. (a) The board
28-22 shall keep an information file about each complaint filed with the
28-23 board. The board's information file shall be kept current and
28-24 contain a record for each complaint of:
28-25 (1) all persons contacted in relation to the
29-1 complaint;
29-2 (2) a summary of findings made at each step of the
29-3 complaint process;
29-4 (3) an explanation of the legal basis and reason for a
29-5 complaint that is dismissed; and
29-6 (4) other relevant information.
29-7 (b) If a written complaint is filed with the board that the
29-8 board has authority to resolve, the board, at least as frequently
29-9 as quarterly and until final disposition of the complaint, shall
29-10 notify the parties to the complaint of the status of the complaint
29-11 unless the notice would jeopardize an undercover investigation.
29-12 (c) The board by rule shall adopt a form to standardize
29-13 information concerning complaints made to the board. The board by
29-14 rule shall prescribe information to be provided to a person when
29-15 the person files a complaint with the board.
29-16 (d) The board shall provide reasonable assistance to a
29-17 person who wishes to file a complaint with the board.
29-18 Sec. 16C. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
29-19 board shall adopt rules concerning the investigation of a complaint
29-20 filed with the board. The rules adopted under this subsection
29-21 shall:
29-22 (1) distinguish between categories of complaints;
29-23 (2) ensure that complaints are not dismissed without
29-24 appropriate consideration;
29-25 (3) require that the board be advised of a complaint
30-1 that is dismissed and that a letter be sent to the person who filed
30-2 the complaint explaining the action taken on the dismissed
30-3 complaint;
30-4 (4) ensure that the person who filed the complaint has
30-5 an opportunity to explain the allegations made in the complaint;
30-6 and
30-7 (5) prescribe guidelines concerning the categories of
30-8 complaints that require the use of a private investigator and the
30-9 procedures for the board to obtain the services of a private
30-10 investigator.
30-11 (b) The board shall dispose of all complaints in a timely
30-12 manner. The board shall establish a schedule for conducting each
30-13 phase of a complaint that is under the control of the board not
30-14 later than the 30th day after the date the complaint is received by
30-15 the board. The schedule shall be kept in the information file for
30-16 the complaint and all parties shall be notified of the projected
30-17 time requirements for pursuing the complaint. A change in the
30-18 schedule must be noted in the complaint information file and all
30-19 parties to the complaint must be notified not later than the
30-20 seventh day after the date the change is made.
30-21 (c) The executive secretary of the board shall notify the
30-22 board of a complaint that extends beyond the time prescribed by the
30-23 board for resolving the complaint.
30-24 Sec. 16D. INFORMAL PROCEEDINGS. (a) The board by rule
30-25 shall adopt procedures governing:
31-1 (1) informal disposition of a contested case under
31-2 Section 13(e), Administrative Procedure and Texas Register Act
31-3 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
31-4 subsequent amendments; and
31-5 (2) informal proceedings held in compliance with
31-6 Section 18(c), Administrative Procedure and Texas Register Act
31-7 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
31-8 subsequent amendments.
31-9 (b) Rules adopted under this section must provide the
31-10 complainant and the licensee an opportunity to be heard and must
31-11 require the presence of a representative of the department's legal
31-12 staff or the attorney general's office to advise the board or
31-13 board's employees.
31-14 Sec. 16E. MONITORING OF LICENSEES. The board by rule shall
31-15 develop a system for monitoring licensees' compliance with the
31-16 requirements of this Act. Rules adopted under this section shall
31-17 include procedures for monitoring a licensee who is ordered by the
31-18 board to perform certain acts to ascertain that the licensee
31-19 performs the required acts and to identify and monitor licensees
31-20 who represent a risk to the public.
31-21 SECTION 16. Section 18, Licensed Professional Counselor Act
31-22 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
31-23 as follows:
31-24 Sec. 18. ENDORSEMENT <Reciprocity>. (a) The board may
31-25 grant, on application and payment of fees, a provisional license
32-1 <without examination> to a person who at the time of application
32-2 holds a valid license or certificate as a counselor issued by
32-3 another state or any political territory or jurisdiction acceptable
32-4 to the board <if in the board's opinion the requirements for that
32-5 license or certificate are substantially the same as the
32-6 requirements of this Act>. An applicant for a provisional license
32-7 under this section must:
32-8 (1) be licensed in good standing as a counselor in
32-9 another state, territory, or jurisdiction that has licensing
32-10 requirements that are substantially equivalent to the requirements
32-11 of this Act;
32-12 (2) have passed a national or other examination
32-13 recognized by the board relating to counseling; and
32-14 (3) be sponsored by a person licensed by the board
32-15 under this Act with whom the provisional licensee may practice
32-16 under this section.
32-17 (b) An applicant for a provisional license may be excused
32-18 from the requirement of Subsection (a)(3) of this section if the
32-19 board determines that compliance with that subsection constitutes a
32-20 hardship to the applicant.
32-21 (c) A provisional license is valid until the date the board
32-22 approves or denies the provisional licensee's application for a
32-23 license. The board shall issue a license under this Act to the
32-24 holder of a provisional license under this section if:
32-25 (1) the provisional licensee passes the examination
33-1 required by Section 12 of this Act;
33-2 (2) the board verifies that the provisional licensee
33-3 has the academic and experience requirements for a license under
33-4 this Act; and
33-5 (3) the provisional licensee satisfies any other
33-6 license requirements under this Act.
33-7 (d) The board must complete the processing of a provisional
33-8 licensee's application for a license not later than the 180th day
33-9 after the date the provisional license is issued or at the time
33-10 licenses are issued following the successful completion of the
33-11 examination, whichever is later.
33-12 SECTION 17. Section 19, Licensed Professional Counselor Act
33-13 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
33-14 as follows:
33-15 Sec. 19. Revenue, Receipts and Disbursements. (a) All
33-16 money paid to the <The> department <shall receive and account for
33-17 funds derived> under this Act<. The funds> shall be deposited in
33-18 the State Treasury to the credit of a special fund to be known as
33-19 the professional counselors licensing fund and may be used only for
33-20 the administration of this Act.
33-21 (b) <The board may impose application, examination, license,
33-22 and renewal fees and any other appropriate fees in an amount fixed
33-23 by the board.> The board by rule shall establish reasonable and
33-24 necessary <fix the amounts of the> fees so that the fees, in the
33-25 aggregate, produce <to collect> sufficient revenue to meet the
34-1 expenses of administering this Act without accumulating unnecessary
34-2 surpluses.
34-3 (c) The fees set by the board may be adjusted so that the
34-4 total fees collected are sufficient to meet the expenses of
34-5 administering this Act. The board may not set a fee for an amount
34-6 less than the amount of that fee on September 1, 1993.
34-7 SECTION 18. Section 21, Licensed Professional Counselor Act
34-8 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
34-9 as follows:
34-10 Sec. 21. Sunset provision. The Texas State Board of
34-11 Examiners of Professional Counselors is subject to Chapter 325,
34-12 Government Code (Texas Sunset Act). Unless the board is continued
34-13 in existence as provided by that chapter, the board is abolished
34-14 September 1, 2005 <1993>.
34-15 SECTION 19. The changes in law made by this Act in the
34-16 qualifications of, and prohibitions applying to, members of the
34-17 Texas State Board of Examiners of Professional Counselors do not
34-18 affect the entitlement of a member appointed before September 1,
34-19 1993, to continue to hold office on the board for the term for
34-20 which the member was appointed. The changes in law apply only to a
34-21 member appointed on or after September 1, 1993.
34-22 SECTION 20. Sections 9, 13, and 22, Licensed Professional
34-23 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes), are
34-24 repealed.
34-25 SECTION 21. (a) This Act takes effect September 1, 1993.
35-1 (b) The change in law made by this Act to Section 10,
35-2 Licensed Professional Counselor Act (Article 4512g, Vernon's Texas
35-3 Civil Statutes), applies only to a person who applies for a
35-4 professional counselor's license on or after September 1, 1996. A
35-5 person who applies for a professional counselor's license before
35-6 that date is covered by the law in effect when the person applied,
35-7 and the former law is continued in effect for that purpose.
35-8 (c) The change in law made by this Act to Section 15,
35-9 Licensed Professional Counselor Act (Article 4512g, Vernon's Texas
35-10 Civil Statutes), applies only to an offense committed on or after
35-11 January 1, 1994. For purposes of this subsection, an offense is
35-12 committed before the effective date of this Act if any element of
35-13 the offense occurs before that date. An offense committed before
35-14 January 1, 1994, is covered by the law in effect when the offense
35-15 was committed, and the former law is continued in effect for that
35-16 purpose.
35-17 SECTION 22. On and after January 1, 1994, the State Office
35-18 of Administrative Hearings shall assume responsibility for hearings
35-19 held with respect to contested cases arising under the Licensed
35-20 Professional Counselor Act (Article 4512g, Vernon's Texas Civil
35-21 Statutes) and its subsequent amendments. The Texas State Board of
35-22 Examiners of Professional Counselors and the chief administrative
35-23 law judge of the State Office of Administrative Hearings may agree
35-24 to transfer contested cases pending before the board to the State
35-25 Office of Administrative Hearings before January 1, 1994.
36-1 SECTION 23. The importance of this legislation and the
36-2 crowded condition of the calendars in both houses create an
36-3 emergency and an imperative public necessity that the
36-4 constitutional rule requiring bills to be read on three several
36-5 days in each house be suspended, and this rule is hereby suspended.