73R8861 JMM-F
By Rodriguez H.B. No. 2741
Substitute the following for H.B. No. 2741:
By McDonald C.S.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, hypnotherapy, biofeedback, behavior
4-1 analysis, and behavior therapy.
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, or licensed optometrists in the evaluation and
5-1 remediation of learning or behavioral disabilities associated with
5-2 or caused by a defective or abnormal condition of vision<,
5-3 Christian Science practitioners who are recognized by the Church of
5-4 Christ Scientist as registered and published in the Christian
5-5 Science Journal, or other recognized religious practitioners
5-6 performing counseling consistent with the law of the state, their
5-7 training, and any code of ethics of their professions, if they do
5-8 not represent themselves by any title or description in the manner
5-9 prescribed by Section 2 of this Act>;
5-10 (5) a rabbi, clergyman, or person of similar status
5-11 who is a member in good standing of and accountable to a legally
5-12 recognized denomination or religious organization and any other
5-13 person who participates with the person in pastoral counseling if:
5-14 (A) the counseling activities are within the
5-15 scope of the person's regular or specialized ministerial duties and
5-16 are performed under the authority of an established and legally
5-17 recognizable church, denomination, or sect or an integrated
5-18 auxiliary of a church as defined by 26 C.F.R. Section
5-19 1.6033-2(g)(5)(1992);
5-20 (B) the individual providing the service remains
5-21 accountable to the established authority of the church,
5-22 denomination, or sect or integrated auxiliary; and
5-23 (C) the individual does not use the title of or
5-24 hold the individual out as a professional counselor <the
5-25 activities, services, titles, and descriptions of persons licensed
6-1 to practice law>; or
6-2 (6) the activities, services, titles, and descriptions
6-3 of persons employed as professionals or who are <as> volunteers in
6-4 the practice of counseling for public and private nonprofit
6-5 organizations or charities who are accountable to the persons'
6-6 sponsoring organization and do not use the title or hold themselves
6-7 out to be professional counselors<; or>
6-8 <(7) persons providing counseling services exclusively
6-9 related to marriage and family concerns and who hold a masters or
6-10 doctorate degree in the area of marriage and family therapy from an
6-11 accredited college or university>.
6-12 SECTION 4. Sections 4(c)-(g), Licensed Professional
6-13 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes), are
6-14 amended to read as follows:
6-15 (c) Six members of the board must be licensed professional
6-16 counselors, at least one of whom is a <Not later than the 30th day
6-17 after the effective date of this Act, the executive committee of
6-18 the Texas Personnel and Guidance Association shall submit to the
6-19 governor a list of qualified candidates for the board, including
6-20 the names of four qualified counselor educators and 12 qualified
6-21 practicing counselors. Not later than the 60th day after the date
6-22 the list is received, the governor shall select from the list the
6-23 membership of the board consisting of one> counselor educator and
6-24 at least three of whom are <four counselors> in private practice.
6-25 The governor shall appoint three <four> citizens from the general
7-1 public <who have no direct or indirect affiliation with the
7-2 practice of counseling or delivery of mental health services>.
7-3 (d) Members <Except for the initial appointees, members>
7-4 hold office for staggered terms of six years, with three members'
7-5 terms expiring February 1 of each odd-numbered year. In making an
7-6 appointment, the governor shall specify which member each new
7-7 appointee succeeds. Before entering on the duties of his office,
7-8 each member of the board shall take the constitutional oath of
7-9 office and file it with the secretary of state.
7-10 (e) An officer, employee, or paid consultant of a Texas
7-11 trade association in the field of health care may not be a <A>
7-12 member <of the board> or <an> employee of the board who is exempt
7-13 from the state's position classification plan or is compensated at
7-14 or above the amount prescribed by the General Appropriations Act
7-15 for step 1, salary group 17, of the position classification salary
7-16 schedule. A person who is the spouse of an officer, manager, or
7-17 paid consultant of a Texas trade association in the field of health
7-18 care may not be a board member and may not be an employee of the
7-19 board who is exempt from the state's position classification plan
7-20 or is compensated at or above the amount prescribed by the General
7-21 Appropriations Act for step 1, salary group 17, of the position
7-22 classification salary schedule <or of the department that carries
7-23 out the functions of the board may not:>
7-24 <(1) be an officer, employee, or paid consultant of a
7-25 trade association in the counseling services industry;>
8-1 <(2) be related within the second degree by affinity
8-2 or within the third degree by consanguinity, as determined under
8-3 Article 5996h, Revised Statutes, to a person who is an officer,
8-4 employee, or paid consultant of a trade association in the
8-5 counseling services industry; or>
8-6 <(3) communicate directly or indirectly with a party
8-7 or the party's representative to a proceeding pending before the
8-8 board unless notice and an opportunity to participate are given to
8-9 each party to the proceeding, if the member or agent is assigned to
8-10 make a decision, a finding of fact, or a conclusion of law in the
8-11 proceeding>.
8-12 (f) For the purposes of this section, a Texas trade
8-13 association is a nonprofit, cooperative, and voluntarily joined
8-14 association of business or professional competitors in this state
8-15 designed to assist its members and its industry or profession in
8-16 dealing with mutual business or professional problems and in
8-17 promoting their common interest <A member of the board who is the
8-18 designated representative of the general public may not have
8-19 personally, nor be related to a person within the second degree by
8-20 affinity or third degree by consanguinity, as determined under
8-21 Article 5996h, Revised Statutes, who has, except as a consumer, a
8-22 financial interest in counseling services as an officer, director,
8-23 partner, owner, employee, attorney, or paid consultant>.
8-24 (g) A person may not serve as a member of the board or act
8-25 as the general counsel to the board if the person <who> is required
9-1 to register as a lobbyist under Chapter 305, Government Code,
9-2 because of the person's activities for compensation on behalf of a
9-3 profession related to the operation of the board <may not serve as
9-4 a member of the board or act as the general counsel to the board>.
9-5 SECTION 5. Section 5, Licensed Professional Counselor Act
9-6 (Article 4512g, Vernon's Texas Civil Statutes), is amended by
9-7 amending Subsections (a), (b), and (c) and adding Subsections (e)
9-8 and (f) to read as follows:
9-9 (a) To be qualified for appointment as a professional member
9-10 of the board, a person must:
9-11 (1) be a citizen of the United States and a resident
9-12 of this state for the 30 months immediately preceding appointment;
9-13 (2) have engaged in the field of counseling for at
9-14 least 24 months or 2,000 hours;
9-15 (3) be licensed under this Act<, except that an
9-16 initial appointee to the board must, instead of being licensed
9-17 under this Act, meet the requirements of Section 9 of this Act
9-18 except that he must possess a graduate degree, 30 graduate semester
9-19 hours in the field of counseling or its equivalent, and have
9-20 engaged in the field of counseling for at least 24 months or 2,000
9-21 hours after the granting of a graduate degree>; and
9-22 (4) be appointed in accordance with Section 4 of this
9-23 Act.
9-24 (b) To be qualified for appointment as a member who is a
9-25 representative of the general public, a person must:
10-1 (1) be a citizen of the United States and a resident
10-2 of this state for the 30 months immediately preceding appointment;
10-3 <and>
10-4 (2) be at least 18 years old; and
10-5 (3) meet the requirements of Subsection (e) of this
10-6 section.
10-7 (c) It is a ground for removal from the board if a member:
10-8 (1) does not have at the time of appointment the
10-9 qualifications required by Subsection (a) or (b) of this section,
10-10 as appropriate, for appointment to the board;
10-11 (2) does not maintain during the service on the board
10-12 the qualifications required by Subsection (a) or (b) of this
10-13 section, as appropriate, for appointment to the board; <or>
10-14 (3) violates a prohibition established by Subsection
10-15 (e) of this section if the member is a public member or
10-16 <Subdivision (1) or (2) of> Subsection (e) of Section 4 of this
10-17 Act;
10-18 (4) cannot discharge the member's duties for a
10-19 substantial part of the term for which the member is appointed
10-20 because of illness or disability; or
10-21 (5) is absent for more than half of the regularly
10-22 scheduled board meetings that a member is eligible to attend during
10-23 a calendar year unless the absence is excused by majority vote of
10-24 the board.
10-25 (e) A person is not eligible for appointment as a public
11-1 member of the board if the person or the person's spouse:
11-2 (1) is registered, certified, or licensed by an
11-3 occupational regulatory agency in the field of health care;
11-4 (2) is employed by or participates in the management
11-5 of a business entity or other organization receiving funds from the
11-6 board;
11-7 (3) owns or controls, directly or indirectly, more
11-8 than 10 percent interest in a business entity or other organization
11-9 receiving funds from the board; or
11-10 (4) uses or receives a substantial amount of funds
11-11 from the board, other than compensation or reimbursement authorized
11-12 by law for board membership, attendance, or expenses.
11-13 (f) If the executive secretary has knowledge that a
11-14 potential ground for removal exists, the executive secretary shall
11-15 notify the chairman of the board of the ground. The chairman shall
11-16 then notify the governor that a potential ground for removal
11-17 exists.
11-18 SECTION 6. Sections 6(a), (b), (d), and (e), Licensed
11-19 Professional Counselor Act (Article 4512g, Vernon's Texas Civil
11-20 Statutes), are amended to read as follows:
11-21 (a) <The board shall meet not later than the 30th day after
11-22 the day its members are appointed by the governor.> The board
11-23 shall elect a chairman and a vice-chairman who shall hold office
11-24 according to the rules adopted by the board.
11-25 (b) The board shall hold at least two regular meetings each
12-1 year as provided by rules adopted by the board <and approved by the
12-2 department>. Five members constitute a quorum.
12-3 (d) The board shall investigate and dispose of complaints as
12-4 provided by Section 16B of this Act <keep an information file about
12-5 each complaint filed with the board. If a written complaint is
12-6 filed with the board relating to a licensee under this Act, the
12-7 board, at least as frequently as quarterly and until the complaint
12-8 is finally disposed of, shall notify the complainant of the status
12-9 of the complaint>.
12-10 (e) The board shall:
12-11 (1) determine the qualifications and fitness of
12-12 applicants for licenses, renewal of licenses, and reciprocal
12-13 licenses;
12-14 (2) adopt and revise<, with the approval of the
12-15 department,> rules not inconsistent with the law of this state that
12-16 are necessary to administer this Act. However, the board may not
12-17 adopt rules restricting competitive bidding or advertising by
12-18 licensees except to prohibit false, misleading, or deceptive
12-19 practices. The board may not include in its rules to prohibit
12-20 false, misleading, or deceptive practices by licensees a rule that:
12-21 (A) restricts a licensee's use of any medium for
12-22 advertising;
12-23 (B) restricts a licensee's personal appearance
12-24 or use of the person's <his> personal voice in an advertisement;
12-25 (C) relates to the size or duration of an
13-1 advertisement by a licensee; or
13-2 (D) restricts a licensee's advertisement under a
13-3 trade name;
13-4 (3) adopt and publish a code of ethics and adopt an
13-5 official seal;
13-6 (4) examine for, deny, approve, issue, revoke,
13-7 suspend, suspend on an emergency basis, place on probation, and
13-8 renew the licenses of counselor applicants and licensees under this
13-9 Act and conduct hearings in connection with these actions;
13-10 (5) establish a mandatory continuing education program
13-11 for licensees;
13-12 (6) conduct hearings on complaints concerning
13-13 violations of this Act and the rules adopted under this Act and
13-14 cause the prosecution and enjoinder of the violations;
13-15 <(6) expend money necessary for the proper
13-16 administration of its assigned duties;>
13-17 (7) set fees <with the approval of the department> for
13-18 the board's services in amounts that are sufficient to meet the
13-19 expenses of administering this Act;
13-20 (8) request and receive the assistance of state
13-21 educational institutions or other state agencies; and
13-22 (9) prepare and disseminate consumer information,
13-23 including <of consumer interest> describing the regulatory
13-24 functions of the board and describing the board's procedures by
13-25 which consumer complaints are filed with and resolved by the board.
14-1 The board shall make the information available to the general
14-2 public and appropriate state agencies.
14-3 SECTION 7. The Licensed Professional Counselor Act (Article
14-4 4512g, Vernon's Texas Civil Statutes) is amended by adding Sections
14-5 6A, 6B, 6C, and 6D to read as follows:
14-6 Sec. 6A. PUBLIC COMPLAINTS; TOLL-FREE TELEPHONE SERVICE.
14-7 (a) The board by rule shall establish methods by which consumers
14-8 and service recipients are notified of the name, mailing address,
14-9 and telephone number of the board for the purpose of directing
14-10 complaints to the board. The board may provide for that
14-11 notification:
14-12 (1) on each registration form, application, or written
14-13 contract for services of an individual or entity regulated under
14-14 this Act;
14-15 (2) on a sign prominently displayed in the place of
14-16 business of each individual or entity regulated under this Act; or
14-17 (3) in a bill for service provided by an individual or
14-18 entity regulated under this Act.
14-19 (b) The board shall list along with its regular telephone
14-20 number the toll-free telephone number that may be called to present
14-21 a complaint about a health professional if the toll-free number is
14-22 established under other state law.
14-23 Sec. 6B. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
14-24 shall develop and implement policies that provide the public with a
14-25 reasonable opportunity to appear before the board and to speak on
15-1 any issue under the jurisdiction of the board.
15-2 Sec. 6C. PROGRAM ACCESSIBILITY. The board shall prepare and
15-3 maintain a written plan that describes how a person who does not
15-4 speak English can be provided reasonable access to the board's
15-5 programs. The board shall also comply with federal and state laws
15-6 for program and facility accessibility.
15-7 Sec. 6D. TRAINING; STANDARDS OF CONDUCT INFORMATION. (a)
15-8 Each board member shall comply with the board member training
15-9 requirements established by any other state agency that is given
15-10 authority to establish the requirements for the board.
15-11 (b) The board shall provide to its members and employees, as
15-12 often as necessary, information regarding their qualifications for
15-13 office or employment under this Act and their responsibilities
15-14 under applicable laws relating to standards of conduct for state
15-15 officers or employees.
15-16 (c) The board shall develop and implement policies that
15-17 clearly define the respective responsibilities of the board and the
15-18 staff of the board.
15-19 SECTION 8. Section 7, Licensed Professional Counselor Act
15-20 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
15-21 as follows:
15-22 Sec. 7. Reimbursements of Board Expenses. A member of the
15-23 board is entitled to a per diem as set by the General
15-24 Appropriations Act <may not receive a fixed salary for his
15-25 services, but each member is entitled to a per diem as set by
16-1 legislative appropriation> for each day that the member engages in
16-2 the business of the board. A member may not receive any
16-3 compensation for travel expenses, including expenses for meals and
16-4 lodging, other than transportation expenses<. A member is entitled
16-5 to compensation for transportation expenses> as provided by the
16-6 General Appropriations Act.
16-7 SECTION 9. Section 8, Licensed Professional Counselor Act
16-8 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
16-9 as follows:
16-10 Sec. 8. Board Personnel. (a) The executive secretary must
16-11 be an employee of the department. The Commissioner of Health, with
16-12 the advice and consent of <after consulting with> the board, shall
16-13 designate an employee to serve as executive secretary of the board.
16-14 The executive secretary shall be the administrator of professional
16-15 counselor licensing activities for the board. <In addition to his
16-16 other duties prescribed by this Act and by the department, the
16-17 executive secretary shall:>
16-18 <(1) keep full and accurate minutes of the
16-19 transactions and proceedings of the board;>
16-20 <(2) be the custodian of the files and records of the
16-21 board;>
16-22 <(3) prepare and recommend to the board plans and
16-23 procedures necessary to implement the purposes and objectives of
16-24 this Act, including rules and proposals on administrative
16-25 procedures not inconsistent with this Act;>
17-1 <(4) exercise general supervision over persons
17-2 employed by the department in the administration of this Act;>
17-3 <(5) be responsible for the investigation of
17-4 complaints and for the presentation of formal complaints;>
17-5 <(6) attend all meetings of the board, but the
17-6 executive secretary is not entitled to vote at board meetings; and>
17-7 <(7) handle or arrange for the handling of the
17-8 correspondence of the board, make or arrange for necessary
17-9 inspections and investigations, and obtain, assemble, or prepare
17-10 the reports and information that the board may direct or
17-11 authorize.>
17-12 (b) The board shall develop and implement policies that
17-13 clearly define the respective responsibilities of the board and the
17-14 staff of the board.
17-15 (c) The basic personnel and necessary facilities that are
17-16 required to administer this Act shall be the personnel and
17-17 facilities of the department acting as the agents of the board.
17-18 The department may secure by agreement services that it considers
17-19 necessary and provide for compensation for these services and may
17-20 employ and compensate, within appropriations available, the
17-21 professional consultants, technical assistants, and employees on a
17-22 full- or part-time basis necessary to administer this Act.
17-23 SECTION 10. Section 10, Licensed Professional Counselor Act
17-24 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
17-25 as follows:
18-1 Sec. 10. Applicant Qualifications. A person is a qualified
18-2 applicant if the person <An applicant is qualified for a license to
18-3 practice counseling if the applicant>:
18-4 (1) is at least 18 years old;
18-5 (2) has submitted an application as required by the
18-6 board, accompanied by the application fee set by the board; the
18-7 board may require that the statements on the application be made
18-8 under oath;
18-9 (3) has a master's or doctorate degree in counseling
18-10 or a related field <met requirements prescribed by the board>;
18-11 (4) has successfully completed a graduate degree at a
18-12 regionally accredited institution of higher education and a planned
18-13 graduate program of 48 <45> semester hours or the substantial
18-14 equivalent, including 300 clock hours of supervised practicum that
18-15 is primarily counseling in nature and that meets the specific
18-16 academic course content and training standards established by the
18-17 board. The board shall review and consider <use> the standards as
18-18 developed by the appropriate professional association; <and>
18-19 (5) has completed 24 months or 2,000 hours of
18-20 supervised experience working in a counseling setting that meets
18-21 the requirements established by the board after the completion of
18-22 the 48 semester hour or equivalent graduate program;
18-23 (6) has successfully completed the examination
18-24 required under this Act; and
18-25 (7) has met the requirements prescribed by the board.
19-1 SECTION 11. Sections 12(b), (c), and (d), Licensed
19-2 Professional Counselor Act (Article 4512g, Vernon's Texas Civil
19-3 Statutes), are amended to read as follows:
19-4 (b) If a written examination is required, the board shall
19-5 grade the examination and recommend to the chairman action to be
19-6 taken. To ensure impartiality, written examination documents shall
19-7 be identified by number, and no paper may be marked with the name
19-8 of an applicant but shall be anonymously graded by the board. The
19-9 board shall have the written portion of the examination, if any,
19-10 validated by an independent testing professional. In the event an
19-11 applicant fails to receive a passing grade on the entire
19-12 examination, he may reapply and shall be allowed to take a
19-13 subsequent examination. An applicant who has failed two successive
19-14 examinations may not reapply until two years have elapsed from the
19-15 date of the last examination or he has satisfactorily completed
19-16 nine graduate semester hours in the applicant's weakest portion of
19-17 the examination.
19-18 (c) Not later than the 30th day <Within 30 days> after the
19-19 day a licensing examination is administered under this Act, the
19-20 board shall notify each examinee of the results of the examination.
19-21 However, if an examination is graded or reviewed by a national
19-22 testing service, the board shall notify each examinee of the
19-23 results of the examination not later than the 14th day <within two
19-24 weeks> after the day the board receives the results from the
19-25 testing service. If the notice of the examination results graded
20-1 or reviewed by the national testing service will be delayed for
20-2 more than 90 days after the examination date, the board shall
20-3 notify the examinee of the reason for the delay before the 90th
20-4 day.
20-5 (d) If requested in writing by a person who fails the
20-6 examination for a license, the board shall furnish to the person an
20-7 analysis of the person's performance on the examination.
20-8 SECTION 12. Section 14, Licensed Professional Counselor Act
20-9 (Article 4512g, Vernon's Texas Civil Statutes), is amended by
20-10 amending Subsections (d), (f), (g), and (h) and adding Subsections
20-11 (i)-(s) to read as follows:
20-12 (d) Each year the board shall prepare a registry of licensed
20-13 professional counselors <with specialties, if any, identified>.
20-14 The registry shall be made available to the licensees, other state
20-15 agencies, and the general public on request.
20-16 (f) The board by rule shall establish a minimum number of
20-17 hours of continuing education required to renew a license under
20-18 this Act. The board may assess the continuing education needs of
20-19 licensees and may require licensees to attend continuing education
20-20 courses specified by the board. The board by rule shall develop a
20-21 process to evaluate and approve continuing education courses.
20-22 (g) The board shall identify the key factors for the
20-23 competent performance by a licensee of the licensee's professional
20-24 duties. The board shall implement a procedure to assess a
20-25 licensee's participation in continuing education programs.
21-1 (h) Each person licensed under this Act is responsible for
21-2 renewing his license before the expiration date.
21-3 (i) <(g)> The board shall adopt a system under which
21-4 licenses expire on various dates during the year. For the year in
21-5 which the initial license <expiration date> is issued <changed>,
21-6 license fees payable on the date of issuance shall be prorated on a
21-7 monthly basis so that each licensee shall pay only that portion of
21-8 the license fee that is applicable to the number of months during
21-9 which the license is valid. On renewal of the license <on the new
21-10 expiration date>, the total license fee is payable.
21-11 (j) A person may renew an unexpired license by paying to the
21-12 board before the expiration of the license the required renewal
21-13 fee.
21-14 (k) If a person's license has been expired for 90 days or
21-15 less, the person may renew the license by paying to the board the
21-16 required renewal fee and a fee that is one-half of the examination
21-17 fee for the license.
21-18 (l) If a person's license has been expired for longer than
21-19 90 days but less than one year because of the person's failure to
21-20 pay the renewal fee or failure to meet continuing education
21-21 requirements, the person may renew the license by paying to the
21-22 board all unpaid renewal fees and a fee that is equal to the
21-23 examination fee for the license and providing the board with proof
21-24 of completing the required continuing education.
21-25 (m) If a person's license has been expired for one year or
22-1 longer, the person may not renew the license. The person may
22-2 obtain a new license by complying with the requirements and
22-3 procedures for obtaining an original license. However, the board
22-4 may renew without reexamination an expired license of a person who
22-5 was licensed in this state, moved to another state, and is
22-6 currently licensed and has been in practice in the other state for
22-7 the two years preceding application. The person must pay to the
22-8 board a fee that is equal to the examination fee for the license.
22-9 (n) At least 30 days before the expiration of a person's
22-10 license, the board shall send written notice of the impending
22-11 license expiration to the person at the licensee's last known
22-12 address according to the records of the board.
22-13 (o) <Failure to renew a license by the expiration date shall
22-14 result in an increase of the renewal fee by an amount to be
22-15 determined by the board with the approval of the department. If
22-16 failure to renew continues for more than 30 days after the date of
22-17 expiration, the board shall notify the person licensed under this
22-18 Act of the expiration date of his license and the amount of the fee
22-19 required for renewal. If failure to renew continues for more than
22-20 90 days after the date of expiration of the license, the license
22-21 shall be revoked.> Any licensee whose license expires <is revoked>
22-22 because of failure to pay the annual license renewal fee may secure
22-23 reinstatement of the <his> license at any time within one year from
22-24 the expiration date on payment of the license fee and a penalty fee
22-25 in an amount to be determined by the board and on providing proof
23-1 of completion of required continuing education <with the approval
23-2 of the department. After the expiration of the year for which the
23-3 license fee was not paid, a license may not be reinstated unless
23-4 the licensee fulfills current requirements applicable to all
23-5 licensees as provided by the rules adopted by the board>.
23-6 (p) <(h)> A licensee may request that the licensee's <his>
23-7 license be declared inactive. The licensee then foregoes the
23-8 licensing rights granted under this Act but is relieved of renewal
23-9 fees and penalty fees. The <At any time in the future, the>
23-10 license shall be declared active on the payment of a license fee
23-11 and the receipt by the board of the recommendations of two licensed
23-12 counselors if the applicant is not in violation of this Act at the
23-13 time of application for reactivation <or renewal> of the license
23-14 and if the applicant fulfills current requirements applicable to
23-15 all inactive licensees as provided by the rules adopted by the
23-16 board.
23-17 (q) The board by rule may provide for the issuance of a
23-18 temporary license. Rules adopted under this subsection shall
23-19 include a time limit for a temporary license.
23-20 (r) The board by rule may adopt a system under which a
23-21 temporary license may be issued to individuals who have met all of
23-22 the academic requirements for licensing and who have entered into a
23-23 supervisory agreement with a supervisor approved by the board.
23-24 (s) The board by rule may adopt a system for placing a
23-25 licensee on retirement status.
24-1 SECTION 13. Section 15, Licensed Professional Counselor Act
24-2 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
24-3 as follows:
24-4 Sec. 15. LICENSE REQUIRED; PENALTY. (a) Unless the person
24-5 is exempt under Section 3 of this Act, a person may not engage in
24-6 the practice of counseling without a license issued under this Act.
24-7 (b) A person commits an offense if the person<, after one
24-8 year from the effective date of this Act,> knowingly or
24-9 intentionally: <acts as a licensed professional counselor without
24-10 a license issued under this Act>
24-11 (1) engages in the practice of counseling without
24-12 holding a license issued under this Act;
24-13 (2) engages in the practice of counseling after the
24-14 person's license under this Act has expired;
24-15 (3) represents the person by the title "Licensed
24-16 Professional Counselor" or "Professional Counselor" without being
24-17 licensed under this Act;
24-18 (4) makes use of any title, words, letters, or
24-19 abbreviations that imply that the person is licensed under this Act
24-20 if the person is not licensed under this Act;
24-21 (5) refuses to furnish the board with material
24-22 information or records required or requested by the board under the
24-23 authority of this Act;
24-24 (6) offers to pay or agrees to accept any
24-25 remuneration, directly or indirectly, to or from any person or
25-1 entity for securing or soliciting a patient or patronage.
25-2 (c) <(b)> An offense under Subsection (b) of this section is
25-3 a Class B misdemeanor.
25-4 SECTION 14. Section 16, Licensed Professional Counselor Act
25-5 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
25-6 as follows:
25-7 Sec. 16. DISCIPLINARY ACTIONS <REVOCATION OR SUSPENSION OF
25-8 LICENSE>. (a) The board may revoke, suspend, <or> suspend on an
25-9 emergency basis the license of a counselor, place on probation a
25-10 counselor whose license has been suspended, or reprimand a
25-11 counselor if <on proof that> the counselor:
25-12 (1) has violated this Act or a rule or code of ethics
25-13 adopted by the board; or
25-14 (2) is legally committed to an institution because of
25-15 mental incompetence from any cause.
25-16 (b) If a license suspension is probated, the board may
25-17 require the licensee to:
25-18 (1) report regularly to the board on matters that are
25-19 the basis of the probation;
25-20 (2) limit practice to the areas prescribed by the
25-21 board; or
25-22 (3) continue or review continuing professional
25-23 education until the licensee attains a degree of skill satisfactory
25-24 to the board in those areas that are the basis of the probation.
25-25 (c) A licensee is entitled to a hearing conducted by the
26-1 department's office of general counsel before a sanction is imposed
26-2 under this section.
26-3 (d) The board by rule shall adopt a broad schedule of
26-4 sanctions for violations under this Act. The department's office
26-5 of general counsel shall use the schedule for any sanction imposed
26-6 as the result of a hearing conducted by that office.
26-7 (e) Proceedings for revocation or suspension of a license
26-8 and appeals from those proceedings are governed by the
26-9 Administrative Procedure and Texas Register Act, as amended
26-10 (Article 6252-13a, Vernon's Texas Civil Statutes).
26-11 (f) An executive committee of the board, consisting of the
26-12 presiding officer of the board and two other board members
26-13 appointed by the presiding officer, may temporarily suspend the
26-14 license of a licensee under this Act if the executive committee
26-15 determines from the evidence or information presented to the
26-16 committee that the continued practice by the licensee constitutes a
26-17 continuing or imminent threat to the public welfare.
26-18 (g) A temporary suspension under this section may also be
26-19 ordered on a majority vote of the board.
26-20 (h) A license may be temporarily suspended under this
26-21 section without notice or hearing if, at the time the suspension is
26-22 ordered, a hearing on whether disciplinary proceedings should be
26-23 initiated against the licensee is scheduled to be held not later
26-24 than the 14th day after the date of the suspension. A second
26-25 hearing on the suspended license must be held not later than the
27-1 60th day after the date the suspension is ordered. If the second
27-2 hearing is not scheduled in the time required by this subsection,
27-3 the suspended license is automatically reinstated.
27-4 (i) The board by rule shall adopt procedures for the
27-5 temporary suspension of a license under this section.
27-6 SECTION 15. The Licensed Professional Counselor Act (Article
27-7 4512g, Vernon's Texas Civil Statutes) is amended by adding Sections
27-8 16A, 16B, 16C, and 16D to read as follows:
27-9 Sec. 16A. COMPLAINT PROCEDURE IN GENERAL. (a) The board
27-10 shall keep an information file about each complaint filed with the
27-11 board. The board's information file shall be kept current and
27-12 contain a record for each complaint of:
27-13 (1) all persons contacted in relation to the
27-14 complaint;
27-15 (2) a summary of findings made at each step of the
27-16 complaint process;
27-17 (3) an explanation of the legal basis and reason for a
27-18 complaint that is dismissed; and
27-19 (4) other relevant information.
27-20 (b) If a written complaint is filed with the board that the
27-21 board has authority to resolve, the board, at least as frequently
27-22 as quarterly and until final disposition of the complaint, shall
27-23 notify the parties to the complaint of the status of the complaint
27-24 unless the notice would jeopardize an undercover investigation.
27-25 (c) The board by rule shall adopt a form to standardize
28-1 information concerning complaints made to the board. The board by
28-2 rule shall prescribe information to be provided to a person when
28-3 the person files a complaint with the board.
28-4 (d) The board shall provide reasonable assistance to a
28-5 person who wishes to file a complaint with the board.
28-6 Sec. 16B. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
28-7 board shall adopt rules concerning the investigation of a complaint
28-8 filed with the board. The rules adopted under this subsection
28-9 shall:
28-10 (1) distinguish between categories of complaints;
28-11 (2) ensure that complaints are not dismissed without
28-12 appropriate consideration;
28-13 (3) require that the board be advised of a complaint
28-14 that is dismissed and that a letter be sent to the person who filed
28-15 the complaint explaining the action taken on the dismissed
28-16 complaint;
28-17 (4) ensure that the person who filed the complaint has
28-18 an opportunity to explain the allegations made in the complaint;
28-19 and
28-20 (5) prescribe guidelines concerning the categories of
28-21 complaints that require the use of a private investigator and the
28-22 procedures for the board to obtain the services of a private
28-23 investigator.
28-24 (b) The board shall dispose of all complaints in a timely
28-25 manner. The board shall establish a schedule for conducting each
29-1 phase of a complaint that is under the control of the board not
29-2 later than the 30th day after the date the complaint is received by
29-3 the board. The schedule shall be kept in the information file for
29-4 the complaint and all parties shall be notified of the projected
29-5 time requirements for pursuing the complaint. A change in the
29-6 schedule must be noted in the complaint information file and all
29-7 parties to the complaint must be notified not later than the
29-8 seventh day after the date the change is made.
29-9 (c) The executive director of the board shall notify the
29-10 board of a complaint that extends beyond the time prescribed by the
29-11 board for resolving the complaint.
29-12 Sec. 16C. INFORMAL PROCEEDINGS. (a) The board by rule
29-13 shall adopt procedures governing:
29-14 (1) informal disposition of a contested case under
29-15 Section 13(e), Administrative Procedure and Texas Register Act
29-16 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
29-17 subsequent amendments; and
29-18 (2) informal proceedings held in compliance with
29-19 Section 18(c), Administrative Procedure and Texas Register Act
29-20 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
29-21 subsequent amendments.
29-22 (b) Rules adopted under this section must provide the
29-23 complainant and the licensee an opportunity to be heard and must
29-24 require the presence of legal representation to advise the board or
29-25 board's employees.
30-1 Sec. 16D. MONITORING OF LICENSEES. The board by rule shall
30-2 develop a system for monitoring licensees' compliance with the
30-3 requirements of this Act. Rules adopted under this section shall
30-4 include procedures for monitoring a licensee who is ordered by the
30-5 board to perform certain acts to ascertain that the licensee
30-6 performs the required acts and to identify and monitor licensees
30-7 who represent a risk to the public.
30-8 SECTION 16. Section 18, Licensed Professional Counselor Act
30-9 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
30-10 as follows:
30-11 Sec. 18. ENDORSEMENT FOR OUT-OF-STATE APPLICANTS
30-12 <RECIPROCITY>. The board may grant, on application and payment of
30-13 fees, a license without examination to a person who at the time of
30-14 application holds a valid license or certificate as a counselor
30-15 issued by another state or any political territory or jurisdiction
30-16 acceptable to the board if in the board's opinion the requirements
30-17 for that license or certificate are substantially the same as or
30-18 more stringent than the requirements of this Act.
30-19 SECTION 17. Section 19, Licensed Professional Counselor Act
30-20 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
30-21 as follows:
30-22 Sec. 19. Revenue, Receipts and Disbursements. (a) All
30-23 money paid to the <The> department <shall receive and account for
30-24 funds derived> under this Act<. The funds> shall be deposited in
30-25 the State Treasury to the credit of a special fund to be known as
31-1 the professional counselors licensing fund and may be used only for
31-2 the administration of this Act.
31-3 (b) <The board may impose application, examination, license,
31-4 and renewal fees and any other appropriate fees in an amount fixed
31-5 by the board.> The board by rule shall establish reasonable and
31-6 necessary <fix the amounts of the> fees so that the fees, in the
31-7 aggregate, produce <to collect> sufficient revenue to meet the
31-8 expenses of administering this Act without accumulating unnecessary
31-9 surpluses.
31-10 (c) The fees set by the board may be adjusted so that the
31-11 total fees collected are sufficient to meet the expenses of
31-12 administering this Act. The board may not set a fee for an amount
31-13 less than the amount of that fee on September 1, 1993.
31-14 (d) The board may authorize, from funds appropriated to the
31-15 board, all necessary disbursements to carry out this Act.
31-16 (e) The financial transactions of the board are subject to
31-17 audit by the state auditor in accordance with Chapter 321,
31-18 Government Code, and its subsequent amendments.
31-19 SECTION 18. Section 20, Licensed Professional Counselor Act
31-20 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
31-21 as follows:
31-22 Sec. 20. ANNUAL FINANCIAL REPORT. The board shall file
31-23 annually with the governor and the presiding officer of each house
31-24 of the legislature a complete and detailed written report
31-25 accounting for all funds received and disbursed by the board during
32-1 the preceding fiscal year. The annual report must be in the form
32-2 and reported in the time provided by the General Appropriations Act
32-3 <Not later than the 90th day after the last day of each state
32-4 fiscal year, the board shall submit to the governor, lieutenant
32-5 governor, and speaker of the house a report about the activities of
32-6 the board during the preceding fiscal year>.
32-7 SECTION 19. Section 21, Licensed Professional Counselor Act
32-8 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
32-9 as follows:
32-10 Sec. 21. Sunset provision. The Texas State Board of
32-11 Examiners of Professional Counselors is subject to Chapter 325,
32-12 Government Code (Texas Sunset Act). Unless the board is continued
32-13 in existence as provided by that chapter, the board is abolished
32-14 September 1, 2005 <1993>.
32-15 SECTION 20. The changes in law made by this Act in the
32-16 qualifications of, and prohibitions applying to, members of the
32-17 Texas State Board of Examiners of Professional Counselors do not
32-18 affect the entitlement of a member appointed before September 1,
32-19 1993, to continue to hold office on the board for the term for
32-20 which the member was appointed. The changes in law apply only to a
32-21 member appointed on or after September 1, 1993.
32-22 SECTION 21. Sections 9, 13, and 22, Licensed Professional
32-23 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes), are
32-24 repealed.
32-25 SECTION 22. This Act takes effect September 1, 1993.
33-1 SECTION 23. The importance of this legislation and the
33-2 crowded condition of the calendars in both houses create an
33-3 emergency and an imperative public necessity that the
33-4 constitutional rule requiring bills to be read on three several
33-5 days in each house be suspended, and this rule is hereby suspended.