By: Parker S.B. No. 1060
73R4148 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of psychologists, professional
1-3 counselors, social workers, and marriage and family therapists and
1-4 to the creation of a new state board to replace the Texas State
1-5 Board of Examiners of Psychologists, the Texas State Board of
1-6 Examiners of Professional Counselors, the Council for Social Work
1-7 Certification, and the Texas State Board of Examiners of Marriage
1-8 and Family Therapists; providing penalties.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 ARTICLE 1. TEXAS BOARD OF EXAMINERS OF MENTAL
1-11 HEALTH PROFESSIONALS
1-12 SECTION 1.01. Title 71, Revised Statutes, is amended by
1-13 adding Article 4512-2 to read as follows:
1-14 Art. 4512-2. TEXAS BOARD OF EXAMINERS OF MENTAL HEALTH
1-15 PROFESSIONALS
1-16 Sec. 1. TEXAS BOARD OF EXAMINERS OF MENTAL HEALTH
1-17 PROFESSIONALS. (a) The Texas Board of Examiners of Mental Health
1-18 Professionals consists of:
1-19 (1) two members licensed as psychologists;
1-20 (2) two members certified as psychological associates;
1-21 (3) two members licensed as professional counselors;
1-22 (4) two members regulated as social workers;
1-23 (5) two members licensed as marriage and family
1-24 therapists; and
2-1 (6) five members who represent the public.
2-2 (b) Members of the board are appointed by the governor with
2-3 the advice and consent of the senate.
2-4 (c) Appointments to the board shall be made without regard
2-5 to the race, color, disability, sex, religion, age, or national
2-6 origin of the appointees.
2-7 Sec. 2. OFFICERS; MEETINGS; COMPENSATION. (a) The board
2-8 annually shall select a presiding officer, assistant presiding
2-9 officer, and secretary-treasurer.
2-10 (b) The board shall hold at least two regular meetings each
2-11 year at which time an examination for a license or certification
2-12 under a law administered by the board shall be offered. Additional
2-13 meetings may be held on the call of the presiding officer or at the
2-14 written request of five members of the board.
2-15 (c) A member of the board is entitled to a per diem as set
2-16 by the General Appropriations Act for each day that the member
2-17 engages in the business of the board. A member may not receive any
2-18 compensation for travel expenses, including expenses for meals and
2-19 lodging, other than transportation expenses as provided by the
2-20 General Appropriations Act.
2-21 Sec. 3. TERMS. (a) Members of the board are appointed for
2-22 staggered six-year terms, with five members' terms expiring on
2-23 February 1 of each odd-numbered year.
2-24 (b) A member appointed to fill a vacancy shall hold office
2-25 for the remainder of that term.
2-26 Sec. 4. PUBLIC MEMBERSHIP RESTRICTION. A person is not
2-27 eligible for appointment as a public member of the board if the
3-1 person or the person's spouse:
3-2 (1) is registered, certified, or licensed by an
3-3 occupational regulatory agency in the field of health care;
3-4 (2) is employed by or participates in the management
3-5 of a business entity or other organization regulated by the board
3-6 or receiving funds from the board;
3-7 (3) owns or controls, directly or indirectly, more
3-8 than 10 percent interest in a business entity or other organization
3-9 regulated by the board or receiving funds from the board; or
3-10 (4) uses or receives a substantial amount of tangible
3-11 goods, services, or funds from the board, other than compensation
3-12 or reimbursement authorized by law for board membership,
3-13 attendance, or expenses.
3-14 Sec. 5. CONFLICT OF INTEREST RESTRICTIONS. (a) An officer,
3-15 employee, or paid consultant of a Texas trade association in the
3-16 field of health care may not be a member or employee of the board
3-17 who is exempt from the state's position classification plan or is
3-18 compensated at or above the amount prescribed by the General
3-19 Appropriations Act for step 1, salary group 17, of the position
3-20 classification salary schedule.
3-21 (b) A person who is the spouse of an officer, manager, or
3-22 paid consultant of a Texas trade association in the field of health
3-23 care may not be a board member and may not be an employee of the
3-24 board who is exempt from the state's position classification plan
3-25 or is compensated at or above the amount prescribed by the General
3-26 Appropriations Act for step 1, salary group 17, of the position
3-27 classification salary schedule.
4-1 (c) For the purposes of this section, a Texas trade
4-2 association is a nonprofit, cooperative, and voluntarily joined
4-3 association of business or professional competitors in this state
4-4 designed to assist its members and its industry or profession in
4-5 dealing with mutual business or professional problems and in
4-6 promoting their common interest.
4-7 Sec. 6. EFFECT OF LOBBYING ACTIVITY. A person may not serve
4-8 as a member of the board or act as the general counsel to the board
4-9 if the person is required to register as a lobbyist under Chapter
4-10 305, Government Code, and its subsequent amendments, because of the
4-11 person's activities for compensation on behalf of a profession
4-12 related to the operation of the board.
4-13 Sec. 7. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a ground
4-14 for removal from the board if a member:
4-15 (1) does not have at the time of appointment the
4-16 qualifications required by Section 1 of this article;
4-17 (2) does not maintain during service on the board the
4-18 qualifications required by Section 1 of this article;
4-19 (3) violates a prohibition established by Section 4,
4-20 5, or 6 of this article;
4-21 (4) cannot discharge the member's term for a
4-22 substantial part of the term for which the member is appointed
4-23 because of illness or disability; or
4-24 (5) is absent from more than half of the regularly
4-25 scheduled board meetings that the member is eligible to attend
4-26 during a calendar year unless the absence is excused by majority
4-27 vote of the board.
5-1 (b) The validity of an action of the board is not affected
5-2 by the fact that it is taken when a ground for removal of a board
5-3 member exists.
5-4 (c) If the executive director has knowledge that a potential
5-5 ground for removal exists, the executive director shall notify the
5-6 presiding officer of the board of the ground. The presiding
5-7 officer shall then notify the governor that a potential ground for
5-8 removal exists.
5-9 Sec. 8. STAFF. (a) The board shall employ an executive
5-10 director and administrative and clerical employees as necessary to
5-11 carry out the board's functions.
5-12 (b) The board shall develop and implement policies that
5-13 clearly define the respective responsibilities of the board and the
5-14 staff of the board.
5-15 Sec. 9. REGULATORY STATUTES ADMINISTERED. The board shall
5-16 administer and enforce the law relating to:
5-17 (1) psychologists and psychological associates, the
5-18 Psychologists' Certification and Licensing Act (Article 4512c,
5-19 Vernon's Texas Civil Statutes) and its subsequent amendments;
5-20 (2) professional counselors, the Licensed Professional
5-21 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes) and
5-22 its subsequent amendments;
5-23 (3) social workers, Chapter 50, Human Resources Code,
5-24 and its subsequent amendments; and
5-25 (4) marriage and family therapists, the Licensed
5-26 Marriage and Family Therapist Act (Article 4512c-1, Vernon's Texas
5-27 Civil Statutes) and its subsequent amendments.
6-1 Sec. 10. SEPARATE LICENSES OR CERTIFICATIONS. (a) The
6-2 board shall issue separate licenses or certifications for a
6-3 psychologist, a psychological associate, a professional counselor,
6-4 a social worker, and a marriage and family therapist.
6-5 (b) The board may issue more than one type of license or
6-6 certification to a person under a law regulated by the board if the
6-7 person is qualified to hold each of the licenses or certifications
6-8 issued. The board shall adopt rules relating to the issuance of
6-9 multiple licenses or certifications to a person under laws
6-10 administered by the board.
6-11 Sec. 11. RULES. (a) The board may only adopt rules
6-12 proposed to the board by a rules subcommittee established under
6-13 Section 12 of this article. This provision controls
6-14 notwithstanding any conflicting provision of the law relating to:
6-15 (1) psychologists and psychological associates, the
6-16 Psychologists' Certification and Licensing Act (Article 4512c,
6-17 Vernon's Texas Civil Statutes);
6-18 (2) professional counselors, the Licensed Professional
6-19 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes);
6-20 (3) social workers, Chapter 50, Human Resources Code;
6-21 and
6-22 (4) marriage and family therapists, the Licensed
6-23 Marriage and Family Therapist Act (Article 4512c-1, Vernon's Texas
6-24 Civil Statutes).
6-25 (b) If the board does not approve a rule proposed by a rules
6-26 subcommittee, the board shall indicate to the subcommittee the
6-27 reasons that the board did not approve the rule and return the rule
7-1 to the subcommittee for further development.
7-2 Sec. 12. RULES SUBCOMMITTEES. (a) Five rules
7-3 subcommittees, each consisting of three members of the board, are
7-4 established as follows:
7-5 (1) a rules subcommittee relating to psychologists
7-6 consisting of the two psychologist members and one member who
7-7 represents the public;
7-8 (2) a rules subcommittee relating to psychological
7-9 associates consisting of the two psychological associate members
7-10 and one member who represents the public;
7-11 (3) a rules subcommittee relating to professional
7-12 counselors consisting of the two professional counselor members and
7-13 one member who represents the public;
7-14 (4) a rules subcommittee relating to social workers,
7-15 consisting of the two social worker members and one member who
7-16 represents the public; and
7-17 (5) a rules subcommittee relating to marriage and
7-18 family therapists, consisting of the two marriage and family
7-19 therapist members and one member who represents the public.
7-20 (b) A member of the board may not serve on more than one
7-21 rules subcommittee.
7-22 (c) The presiding officer of the board shall designate the
7-23 public members of each rules subcommittee.
7-24 (d) A rules subcommittee shall develop and recommend to the
7-25 board for approval rules that regulate the profession to which the
7-26 subcommittee relates. A rules subcommittee periodically shall
7-27 review board rules relating to the profession to which the
8-1 subcommittee relates and shall recommend changes in those rules to
8-2 the board. The authority of a rules subcommittee is not affected
8-3 by Section 5(f), Administrative Procedure and Texas Register Act
8-4 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
8-5 subsequent amendments.
8-6 Sec. 13. EXPENDITURES; AUDIT. (a) The board may authorize,
8-7 from funds appropriated to it, all necessary disbursements to carry
8-8 out:
8-9 (1) this article;
8-10 (2) the law relating to psychologists and
8-11 psychological associates, the Psychologists' Certification and
8-12 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes) and
8-13 its subsequent amendments;
8-14 (3) the law relating to professional counselors, the
8-15 Licensed Professional Counselor Act (Article 4512g, Vernon's Texas
8-16 Civil Statutes) and its subsequent amendments;
8-17 (4) the law relating to social workers, Chapter 50,
8-18 Human Resources Code, and its subsequent amendments; and
8-19 (5) the law relating to marriage and family
8-20 therapists, the Licensed Marriage and Family Therapist Act (Article
8-21 4512c-1, Vernon's Texas Civil Statutes) and its subsequent
8-22 amendments.
8-23 (b) The financial transactions of the board are subject to
8-24 audit by the state auditor in accordance with Chapter 321,
8-25 Government Code, and its subsequent amendments.
8-26 Sec. 14. ANNUAL FINANCIAL REPORT. The board shall file
8-27 annually with the governor and the presiding officer of each house
9-1 of the legislature a complete and detailed written report
9-2 accounting for all funds received and disbursed by the board during
9-3 the preceding fiscal year. The annual report must be in the form
9-4 and reported in the time provided by the General Appropriations
9-5 Act.
9-6 Sec. 15. PERSONNEL POLICIES. (a) The executive director or
9-7 the executive director's designee shall develop an intra-agency
9-8 career ladder program. The program shall require intra-agency
9-9 posting of all nonentry level positions concurrently with any
9-10 public posting.
9-11 (b) The executive director or the executive director's
9-12 designee shall develop a system of annual performance evaluations
9-13 based on measurable job tasks. All merit pay for board employees
9-14 must be based on the system established under this subsection.
9-15 Sec. 16. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
9-16 executive director or the executive director's designee shall
9-17 prepare and maintain a written policy statement to ensure
9-18 implementation of a program of equal employment opportunity under
9-19 which all personnel transactions are made without regard to race,
9-20 color, disability, sex, religion, age, or national origin. The
9-21 policy statement must include:
9-22 (1) personnel policies, including policies relating to
9-23 recruitment, evaluation, selection, application, training, and
9-24 promotion of personnel that are in compliance with the Commission
9-25 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
9-26 and its subsequent amendments;
9-27 (2) a comprehensive analysis of the board workforce
10-1 that meets federal and state guidelines;
10-2 (3) procedures by which a determination can be made of
10-3 significant underuse in the board workforce of all persons for whom
10-4 federal or state guidelines encourage a more equitable balance; and
10-5 (4) reasonable methods to appropriately address those
10-6 areas of underuse.
10-7 (b) A policy statement prepared under Subsection (a) of this
10-8 section must cover an annual period, be updated annually, be
10-9 reviewed by the Commission on Human Rights for compliance with
10-10 Subsection (a)(1) of this section, and be filed with the governor's
10-11 office.
10-12 (c) The governor's office shall deliver a biennial report to
10-13 the legislature based on the information received under Subsection
10-14 (b) of this section. The report may be made separately or as part
10-15 of other biennial reports to the legislature.
10-16 Sec. 17. PUBLIC INTEREST INFORMATION. (a) The board shall
10-17 prepare information of public interest describing the functions of
10-18 the board and the board's procedures by which complaints are filed
10-19 with and resolved by the board. The board shall make the
10-20 information available to the public and appropriate state agencies.
10-21 (b) The board by rule shall establish methods by which
10-22 consumers and service recipients are notified of the name, mailing
10-23 address, and telephone number of the board for the purpose of
10-24 directing complaints to the board. The board may provide for that
10-25 notification:
10-26 (1) on each registration form, application, or written
10-27 contract for services of an individual or entity regulated by the
11-1 board;
11-2 (2) on a sign prominently displayed in the place of
11-3 business of each individual or entity regulated by the board; or
11-4 (3) in a bill for service provided by an individual or
11-5 entity regulated by the board.
11-6 (c) The board shall list along with its regular telephone
11-7 number the toll-free telephone number that may be called to present
11-8 a complaint about a health professional if the toll-free number is
11-9 established under other state law.
11-10 Sec. 18. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
11-11 shall develop and implement policies that provide the public with a
11-12 reasonable opportunity to appear before the board and to speak on
11-13 any issue under the jurisdiction of the board.
11-14 Sec. 19. PROGRAM ACCESSIBILITY. The board shall prepare and
11-15 maintain a written plan that describes how a person who does not
11-16 speak English can be provided reasonable access to the board's
11-17 programs. The board shall also comply with federal and state laws
11-18 for program and facility accessibility.
11-19 Sec. 20. TRAINING; STANDARDS OF CONDUCT INFORMATION. (a)
11-20 Each board member shall comply with the board member training
11-21 requirements established by any other state agency that is given
11-22 authority to establish the requirements for the board.
11-23 (b) The board shall provide to its members and employees, as
11-24 often as necessary, information regarding their qualifications for
11-25 office or employment under this article and their responsibilities
11-26 under applicable laws relating to standards of conduct for state
11-27 officers or employees.
12-1 Sec. 21. OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE. The
12-2 board is subject to:
12-3 (1) the open meetings law, Chapter 271, Acts of the
12-4 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
12-5 Texas Civil Statutes), and its subsequent amendments; and
12-6 (2) the Administrative Procedure and Texas Register
12-7 Act (Article 6252-13a, Vernon's Texas Civil Statutes), and its
12-8 subsequent amendments.
12-9 Sec. 22. SUNSET PROVISION. The Texas Board of Examiners of
12-10 Mental Health Professionals is subject to Chapter 325, Government
12-11 Code (Texas Sunset Act), and its subsequent amendments. Unless
12-12 continued in existence as provided by that chapter, the board is
12-13 abolished and the following laws expire September 1, 2005:
12-14 (1) this article;
12-15 (2) the law relating to psychologists and
12-16 psychological associates, the Psychologists' Certification and
12-17 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes) and
12-18 its subsequent amendments;
12-19 (3) the law relating to professional counselors, the
12-20 Licensed Professional Counselor Act (Article 4512g, Vernon's Texas
12-21 Civil Statutes) and its subsequent amendments;
12-22 (4) the law relating to social workers, Chapter 50,
12-23 Human Resources Code, and its subsequent amendments; and
12-24 (5) the law relating to marriage and family
12-25 therapists, the Licensed Marriage and Family Therapist Act (Article
12-26 4512c-1, Vernon's Texas Civil Statutes) and its subsequent
12-27 amendments.
13-1 ARTICLE 2. PSYCHOLOGISTS
13-2 SECTION 2.01. Section 2(a), Psychologists' Certification and
13-3 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
13-4 amended to read as follows:
13-5 (a) "Board" means the Texas <State> Board of Examiners of
13-6 Mental Health Professionals <Psychologists provided for by this
13-7 Act>.
13-8 SECTION 2.02. Section 8(j), Psychologists' Certification and
13-9 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
13-10 amended to read as follows:
13-11 (j) The Board shall establish mandatory <may recognize,
13-12 prepare, or administer> continuing education programs for persons
13-13 regulated by the Board under this Act. The Board by rule shall
13-14 establish a minimum number of hours of continuing education
13-15 required to renew a license or certificate under this Act. The
13-16 Board may assess the continuing education needs of license or
13-17 certificate holders and may require license or certificate holders
13-18 to attend continuing education courses specified by the Board. The
13-19 Board by rule shall develop a process to evaluate and approve
13-20 continuing education courses. The Board shall identify the key
13-21 factors for the competent performance by a license or certificate
13-22 holder of the license or certificate holder's professional duties.
13-23 The Board shall adopt a procedure to assess a license or
13-24 certificate holder's participation in continuing education programs
13-25 <Participation in the programs is voluntary>.
13-26 SECTION 2.03. Section 9, Psychologists' Certification and
13-27 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
14-1 amended to read as follows:
14-2 Sec. 9. Receipts and Disbursements. All money paid to the
14-3 Board <The executive director of the Board shall receive and
14-4 account for all monies derived> under this Act<. The executive
14-5 director> shall be deposited in the state treasury <pay these
14-6 monies weekly to the State Treasurer who shall keep them> in a
14-7 separate fund to be known as the "Psychologists Licensing Fund."
14-8 Monies may be paid out of this fund only by warrant drawn by the
14-9 State Comptroller upon the State Treasurer, upon itemized voucher,
14-10 approved by the presiding officer <chairperson> of the Board or the
14-11 executive director of the Board. The financial transactions of the
14-12 Psychologists Licensing Fund are subject to audit by the Auditor of
14-13 the State of Texas in accordance with Chapter 321, Government Code.
14-14 The executive director of the Board shall give a surety bond for
14-15 the faithful performance of his duties to the governor in the sum
14-16 of Ten Thousand Dollars ($10,000.00) or an amount recommended by
14-17 the State Auditor. The premium for this bond shall be paid out of
14-18 the Psychologists Licensing Fund. The Board may make expenditures
14-19 from this fund for any purpose which is reasonably necessary to
14-20 carry out the provisions of this Act, including the advance payment
14-21 of an amount not to exceed 80 percent of the travel expenses of a
14-22 witness called by the Board to testify on the Board's behalf.
14-23 SECTION 2.04. Section 14(a), Psychologists' Certification
14-24 and Licensing Act (Article 4512c, Vernon's Texas Civil Statutes),
14-25 is amended to read as follows:
14-26 (a) The Board shall administer examinations to qualified
14-27 applicants for certification at least once a year. The Board shall
15-1 have the written portion of the examination, if any, validated by
15-2 an independent testing professional. The Board shall determine the
15-3 subject and scope of the examinations and establish appropriate
15-4 fees for examinations administered. Part of the examinations shall
15-5 test applicant knowledge of the discipline and profession of
15-6 psychology and part shall test applicant knowledge of the laws and
15-7 rules governing the profession of psychology in this state. This
15-8 latter part of the examination is to be known as the Board's
15-9 jurisprudence examination. An applicant who fails his examination
15-10 may be reexamined at intervals specified by the Board upon payment
15-11 of another examination fee corresponding to the examination failed.
15-12 SECTION 2.05. Section 15A, Psychologists' Certification and
15-13 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
15-14 amended to read as follows:
15-15 Sec. 15A. Reciprocity. (a) The Board may grant a
15-16 provisional license or certificate to an <An> applicant <is
15-17 entitled to certification or licensure> on submission to the Board
15-18 of an application in the form prescribed by the Board and payment
15-19 of the required application fees if:
15-20 (1) the individual is licensed, certified, or
15-21 registered as a psychologist by another state, the District of
15-22 Columbia, or a commonwealth or territory of the United States and
15-23 is in good standing with the regulatory agency of that
15-24 jurisdiction;
15-25 (2) the requirements for licensing, certification, or
15-26 registration in the other jurisdiction are substantially equal to
15-27 those prescribed by this Act;
16-1 (3) <the individual has engaged in the practice of
16-2 psychology for not less than five years on the date of application
16-3 for certification; and>
16-4 <(4)> the individual has passed a national or other
16-5 <the Board's jurisprudence> examination recognized by the Board
16-6 relating to psychology; and
16-7 (4) the individual is sponsored by a person licensed
16-8 or certified by the Board under this Act with whom the provisional
16-9 license or certificate holder may practice under this section.
16-10 (b) An applicant for a provisional license or certificate
16-11 may be excused from the requirement of Subsection (a)(4) of this
16-12 section if the Board determines that compliance with that
16-13 subsection constitutes a hardship to the applicant.
16-14 (c) A provisional license or certificate is valid until the
16-15 date the Board approves or denies the provisional license or
16-16 certificate holder's application for a license or certificate. The
16-17 Board shall issue a license or certificate under this Act to the
16-18 holder of a provisional license or certificate under this section
16-19 if:
16-20 (1) the provisional license or certificate holder
16-21 passes the examination required by Section 14 of this Act;
16-22 (2) the Board verifies that the provisional license or
16-23 certificate holder has the academic and experience requirements for
16-24 a license or certificate under this Act; and
16-25 (3) the provisional license or certificate holder
16-26 satisfies any other license or certification requirements under
16-27 this Act.
17-1 (d) The Board must complete the processing of a provisional
17-2 license or certificate holder's application for a license or
17-3 certificate not later than the 180th day after the date the
17-4 provisional license or certificate is issued.
17-5 (e) The Board may adopt rules for the provisional
17-6 certification or licensing of an individual who holds a valid
17-7 license or the equivalent from another country.
17-8 SECTION 2.06. Section 16, Psychologists' Certification and
17-9 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
17-10 amended to read as follows:
17-11 Sec. 16. Fees. (a) The <fees shall be fixed by the> Board
17-12 by rule shall establish fees in amounts that are reasonable and
17-13 necessary to produce sufficient revenue to cover the costs of
17-14 administering this Act.
17-15 (b) The fees set by the Board may be adjusted so that the
17-16 total fees collected are sufficient to meet the expenses of
17-17 administering this Act. The Board may not set a fee for an amount
17-18 less than the amount of that fee on September 1, 1993 <The Board
17-19 shall not maintain unnecessary fund balances, and fee amount shall
17-20 be set in accordance with this requirement>.
17-21 SECTION 2.07. Sections 17(b) and (c), Psychologists'
17-22 Certification and Licensing Act (Article 4512c, Vernon's Texas
17-23 Civil Statutes), are amended to read as follows:
17-24 (b) <Certificates and licenses will be renewed no less than
17-25 once every two years.> Unless otherwise provided by board rule,
17-26 certificates and licenses expire on December 31st in the
17-27 <appropriate> year following their issuance or renewal and are
18-1 invalid thereafter unless renewed. The Board by rule may adopt a
18-2 system under which certificates or licenses expire on various dates
18-3 during the year. For the year in which the expiration date is
18-4 changed, certification or licensing fees shall be prorated so that
18-5 each certificate or license holder must pay only that portion of
18-6 the fee that is allocable to the number of months during which the
18-7 certificate or license is valid. On renewal of the certificate or
18-8 license on the new expiration date, the full certification or
18-9 licensing fee is payable.
18-10 (c) <The Board shall notify every person certified or
18-11 licensed under this Act of the date of expiration of his
18-12 certificate or license and the amount of the renewal fee.> A
18-13 person may renew an unexpired certificate or license by paying to
18-14 the Board before the expiration date of the certificate or license
18-15 the required renewal fee. If a person's certificate or license has
18-16 been expired for <not longer than> 90 days or less, the person may
18-17 renew the certificate or license by paying to the Board the
18-18 required renewal fee and a fee that is one-half of the examination
18-19 fee for the certificate or license. If a person's certificate or
18-20 license has been expired for longer than 90 days but less than one
18-21 year <two years>, the person may renew the certificate or license
18-22 by paying to the Board all unpaid renewal fees and a fee that is
18-23 equal to the examination fee for the certificate or license. If a
18-24 person's certificate or license has been expired for one year <two
18-25 years> or longer, the person may not renew the certificate or
18-26 license. The person may obtain a new certificate or license by
18-27 submitting to reexamination and complying with the requirements and
19-1 procedures for obtaining an original certificate or license.
19-2 However, the Board may renew without reexamination an expired
19-3 license or certificate of a person who was licensed or certified in
19-4 this state, moved to another state, and is currently licensed or
19-5 certified and has been in practice in the other state for the two
19-6 years preceding application. The person must pay to the Board a
19-7 fee that is equal to the examination fee for the license or
19-8 certificate. At least 30 days before the expiration of a person's
19-9 license or certificate, the Board shall send written notice of the
19-10 impending license or certificate expiration to the person at the
19-11 license or certificate holder's last known address according to the
19-12 records of the Board.
19-13 SECTION 2.08. Section 20, Psychologists' Certification and
19-14 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
19-15 amended to read as follows:
19-16 Sec. 20. Representation as a Psychologist, Psychological
19-17 Associate, or Psychologist's Assistant Prohibited. A <After
19-18 December 31, 1970, no> person may not <shall> represent himself as
19-19 a psychologist or psychological associate within the meaning of
19-20 this Act unless he is certified and registered under the provisions
19-21 of this Act.
19-22 SECTION 2.09. Section 23, Psychologists' Certification and
19-23 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
19-24 amended to read as follows:
19-25 Sec. 23. Revocation, Cancellation, or Suspension of License
19-26 or Certification; Civil Penalty. (a) The <Texas State> Board <of
19-27 Examiners of Psychologists> shall <have the right to cancel,>
20-1 revoke or<,> suspend a<, or refuse to renew the> license or
20-2 <certification of any psychologist or the> certificate, place on
20-3 probation a person whose license or certificate has been suspended,
20-4 <of any psychological associate> or reprimand a license or
20-5 certificate holder if the license or certificate holder <any
20-6 psychologist upon proof that the psychologist>:
20-7 (1) has been convicted of a felony or of a violation
20-8 of the law involving moral turpitude by any court; the conviction
20-9 of a felony shall be the conviction of any offense which if
20-10 committed within this state would constitute a felony under the
20-11 laws of this state; <or>
20-12 (2) uses drugs or intoxicating liquors to an extent
20-13 that affects his professional competency; <or>
20-14 (3) has been guilty of fraud or deceit in connection
20-15 with his services rendered as a psychologist; <or>
20-16 (4) except as provided by Section 15B of this Act, has
20-17 aided or abetted a person, not a licensed psychologist, in
20-18 representing that person as a psychologist within this state; <or>
20-19 (5) except as provided by Section 15B of this Act, has
20-20 represented himself or herself to be a psychologist licensed in
20-21 this state at a time he or she was not licensed to practice
20-22 psychology in this state, or practiced psychology in this state
20-23 without a license to practice psychology in this state; <or>
20-24 (6) violates a rule adopted <has been guilty of
20-25 unprofessional conduct as defined by the rules established> by the
20-26 Board; or
20-27 (7) violates a provision <for any cause for which the
21-1 Board shall be authorized to take that action by another section>
21-2 of this Act.
21-3 (b) If the Board proposes to refuse a person's application
21-4 for a license or certification, to suspend or revoke a person's
21-5 license or certificate, or to reprimand a person, the person is
21-6 entitled to a hearing before the State Office of Administrative
21-7 Hearings. The Board by rule shall adopt a broad schedule of
21-8 sanctions for violations under this Act. The State Office of
21-9 Administrative Hearings shall use the schedule for any sanction
21-10 imposed as the result of a hearing conducted by that office
21-11 <Board>.
21-12 (c) Proceedings for the refusal, suspension, or revocation
21-13 of a license or certificate or for the reprimand of a person are
21-14 governed by the Administrative Procedure and Texas Register Act, as
21-15 amended (Article 6252-13a, Vernon's Texas Civil Statutes).
21-16 (d) An appeal of an action of the Board is governed by the
21-17 Administrative Procedure and Texas Register Act, as amended
21-18 (Article 6252-13a, Vernon's Texas Civil Statutes). Judicial review
21-19 of an action of the Board shall be conducted under the substantial
21-20 evidence rule.
21-21 (e) A person who violates this Act or a rule adopted by the
21-22 Board under this Act is liable to the state for a civil penalty of
21-23 $1,000 for each day of violation. At the request of the Board, the
21-24 attorney general shall bring an action to recover a civil penalty
21-25 authorized under this subsection.
21-26 (f) In addition to the other disciplinary actions authorized
21-27 by this section, the Board may require that a license or
22-1 certificate holder who violates this Act participate in continuing
22-2 education programs. The Board shall specify the continuing
22-3 education programs that may be attended and the number of hours
22-4 that must be completed by an individual license or certificate
22-5 holder to fulfill the requirements of this subsection.
22-6 (g) If a license or certificate suspension is probated, the
22-7 Board may require the license or certificate holder to:
22-8 (1) report regularly to the Board on matters that are
22-9 the basis of the probation;
22-10 (2) limit practice to the areas prescribed by the
22-11 Board; or
22-12 (3) continue or review continuing professional
22-13 education until the license or certificate holder attains a degree
22-14 of skill satisfactory to the Board in those areas that are the
22-15 basis of the probation. <The Board shall have the right and may,
22-16 upon majority vote, rule that the order revoking, cancelling, or
22-17 suspending the psychologist's license or certification be probated
22-18 so long as the probationer conforms to such orders and rules as the
22-19 Board may set out as the terms of probation. The Board, at the
22-20 time of probation, shall set out the period of time which shall
22-21 constitute the probationary period. Provided further, that the
22-22 Board may at any time while the probationer remains on probation
22-23 hold a hearing, and upon majority vote, rescind the probation and
22-24 enforce the Board's original action in revoking, cancelling, or
22-25 suspending the psychologist's license or certification, the said
22-26 hearing to rescind the probation shall be called by the chairperson
22-27 of the Texas State Board of Examiners of Psychologists who shall
23-1 cause to be issued a notice setting a time and place for the
23-2 hearing and containing the charges or complaints against the
23-3 probationer, said notice to be served on the probationer or the
23-4 probationer's counsel at least ten (10) days prior to the time set
23-5 for the hearing. Service of notice of a board action is effected
23-6 by sending written notice by certified mail to the license holder's
23-7 address of record. At said hearing the respondent shall have the
23-8 right to appear either personally or by counsel or both, to produce
23-9 witnesses or evidence in the behalf of the respondent, to
23-10 cross-examine witnesses, and to have subpoenas issued by the Board.
23-11 The Board shall thereupon determine the charges upon their merits.
23-12 All charges, complaints, notices, orders, records, and publications
23-13 authorized or required by the terms of this Act shall be
23-14 privileged. The order revoking or rescinding the probation shall
23-15 not be subject to review or appeal.>
23-16 <(f) On application, the Board may reissue a certificate or
23-17 a license to a person whose certificate or license has been
23-18 cancelled or revoked. Such an application may not be made before
23-19 the expiration of one year after the date of the cancellation or
23-20 revocation or a period determined by the Board.>
23-21 SECTION 2.10. The Psychologists' Certification and Licensing
23-22 Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
23-23 adding Section 23A to read as follows:
23-24 Sec. 23A. ADMINISTRATIVE PENALTY. (a) The Board may assess
23-25 an administrative penalty against a person who violates a provision
23-26 of this Act or a rule adopted by the Board under this Act as
23-27 provided by this section.
24-1 (b) The penalty for each violation may be in an amount not
24-2 to exceed $1,000. Each day a violation continues or occurs may be
24-3 considered a separate violation for purposes of penalty assessment.
24-4 (c) In determining the amount of the penalty, the executive
24-5 director of the Board shall consider:
24-6 (1) the seriousness of the violation, including the
24-7 nature, circumstances, extent, and gravity of the prohibited acts
24-8 and the hazard or potential hazard posed to the health or safety of
24-9 the public;
24-10 (2) the economic damage to property or the environment
24-11 caused by the violation;
24-12 (3) the history of previous violations;
24-13 (4) the amount necessary to deter future violations;
24-14 (5) efforts to correct the violation; and
24-15 (6) any other matter that justice may require.
24-16 (d) If, after investigation of a possible violation and the
24-17 facts surrounding that possible violation, the executive director
24-18 determines that a violation has occurred, the executive director
24-19 may issue a violation report stating the facts on which the
24-20 conclusion that a violation occurred is based, recommending that an
24-21 administrative penalty under this section be imposed on the person
24-22 charged and recommending the amount of that proposed penalty. The
24-23 executive director shall base the recommended amount of the
24-24 proposed penalty on the seriousness of the violation determined by
24-25 consideration of the factors set forth in Subsection (c) of this
24-26 section.
24-27 (e) Not later than the 14th day after the date on which the
25-1 report is issued, the executive director shall give written notice
25-2 of the report to the person charged. The notice shall include a
25-3 brief summary of the charges, a statement of the amount of the
25-4 penalty recommended, and a statement of the right of the person
25-5 charged to a hearing on the occurrence of the violation or the
25-6 amount of the penalty, or both the occurrence of the violation and
25-7 the amount of the penalty.
25-8 (f) Not later than the 20th day after the date on which
25-9 notice is received, the person charged may accept the determination
25-10 of the executive director made under Subsection (d) of this
25-11 section, including the recommended penalty, or make a written
25-12 request for a hearing on the determination.
25-13 (g) If the person charged with the violation accepts the
25-14 determination of the executive director, the Board shall issue an
25-15 order approving the determination and ordering the payment of the
25-16 recommended penalty.
25-17 (h) If the person charged requests a hearing or fails to
25-18 timely respond to the notice, the executive director shall set a
25-19 hearing and give notice of the hearing. The hearing shall be held
25-20 by a hearing examiner designated by the Board. The hearing
25-21 examiner shall make findings of fact and conclusions of law and
25-22 promptly issue to the Board a proposal for decision as to the
25-23 occurrence of the violation, including a recommendation as to the
25-24 amount of the proposed penalty if a penalty is warranted. Based on
25-25 the findings of fact, conclusions of law, and recommendations of
25-26 the hearing examiner, the Board by order may find a violation has
25-27 occurred and may assess a penalty or may find that no violation has
26-1 occurred. All proceedings under this subsection are subject to the
26-2 Administrative Procedure and Texas Register Act (Article 6252-13a,
26-3 Vernon's Texas Civil Statutes) and its subsequent amendments.
26-4 (i) The executive director shall give notice of the Board's
26-5 order to the person charged. The notice shall include:
26-6 (1) the findings of fact and conclusions of law
26-7 separately stated;
26-8 (2) the amount of the penalty ordered, if any;
26-9 (3) a statement of the right of the person charged to
26-10 judicial review of the Board's order, if any; and
26-11 (4) other information required by law.
26-12 (j) Within the 30-day period immediately following the day
26-13 on which the order becomes final as provided by Section 16(c),
26-14 Administrative Procedure and Texas Register Act (Article 6252-13a,
26-15 Vernon's Texas Civil Statutes), and its subsequent amendments, the
26-16 person charged with the penalty shall:
26-17 (1) pay the penalty in full; or
26-18 (2) if the person files a petition for judicial review
26-19 contesting either the amount of the penalty or the fact of the
26-20 violation or contesting both the fact of the violation and the
26-21 amount of the penalty:
26-22 (A) forward the amount to the executive director
26-23 for placement in an escrow account; or
26-24 (B) in lieu of payment into escrow, post with
26-25 the executive director a supersedeas bond in a form approved by the
26-26 executive director for the amount of the penalty, the bond to be
26-27 effective until all judicial review of the order or decision is
27-1 final.
27-2 (k) If a person charged is financially unable to either
27-3 forward the amount of the penalty for placement in an escrow
27-4 account or post a supersedeas bond for the amount of the penalty,
27-5 the person may satisfy the requirements of Subsection (j)(2) of
27-6 this section by filing with the executive director an affidavit
27-7 sworn by the person charged, stating that the person is financially
27-8 unable to either forward the amount of the penalty or post a bond.
27-9 (l) Failure to forward the money to or to post the bond or
27-10 file the affidavit with the executive director within the time
27-11 provided by Subsection (j) of this section results in a waiver of
27-12 all legal rights to judicial review. Also, if the person charged
27-13 fails to pay the penalty in full as provided under Subsection
27-14 (j)(1) of this section or forward the money, post the bond, or file
27-15 the affidavit as provided by Subsection (j) or (k) of this section,
27-16 the executive director may forward the matter to the attorney
27-17 general for enforcement.
27-18 (m) Judicial review of the order or decision of the Board
27-19 assessing the penalty shall be under the substantial evidence rule
27-20 and shall be instituted by filing a petition with a district court
27-21 in Travis County, as provided by Section 19, Administrative
27-22 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
27-23 Civil Statutes), and its subsequent amendments.
27-24 (n) If the penalty is reduced or not assessed by the court,
27-25 the executive director shall remit to the person charged the
27-26 appropriate amount plus accrued interest if the penalty has been
27-27 paid or shall execute a release of the bond if a supersedeas bond
28-1 has been posted. The accrued interest on amounts remitted by the
28-2 executive director under this subsection shall be paid at a rate
28-3 equal to the rate charged on loans to depository institutions by
28-4 the New York Federal Reserve Bank and shall be paid for the period
28-5 beginning on the date the penalty is paid to the executive director
28-6 under Subsection (j) of this section and ending on the date the
28-7 penalty is remitted.
28-8 (o) A penalty collected under this section for a violation
28-9 by a person holding a license or certificate under this Act shall
28-10 be deposited in the general revenue fund.
28-11 SECTION 2.11. The Psychologists' Certification and Licensing
28-12 Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
28-13 adding Section 23B to read as follows:
28-14 Sec. 23B. TEMPORARY SUSPENSION. (a) An executive committee
28-15 of the Board, consisting of the presiding officer of the Board and
28-16 two other Board members appointed by the presiding officer, may
28-17 temporarily suspend the license or certificate of a license or
28-18 certificate holder under this Act if the executive committee
28-19 determines from the evidence or information presented to the
28-20 committee that the continued practice by the license or certificate
28-21 holder constitutes a continuing or imminent threat to the public
28-22 welfare.
28-23 (b) A temporary suspension authorized under Subsection (a)
28-24 of this section may also be ordered on a majority vote of the
28-25 Board.
28-26 (c) A license or certificate temporarily suspended under
28-27 this section may be suspended without notice or hearing if, at the
29-1 time the suspension is ordered, a hearing on whether disciplinary
29-2 proceedings under this Act should be initiated against the license
29-3 or certificate holder is scheduled to be held not later than the
29-4 14th day after the date of the suspension. A second hearing on the
29-5 suspended license or certificate shall be held not later than the
29-6 60th day after the date the suspension was ordered. If the second
29-7 hearing is not held in the time required by this subsection, the
29-8 suspended license or certificate is automatically reinstated.
29-9 (d) The Board by rule shall adopt procedures for the
29-10 temporary suspension of a license or certificate under this
29-11 section.
29-12 SECTION 2.12. Section 24, Psychologists' Certification and
29-13 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
29-14 amended to read as follows:
29-15 Sec. 24. Injunctions. The <Texas State> Board <of Examiners
29-16 of Psychologists> shall have the right to institute an action in
29-17 its own name to enjoin the violation of any provisions of this Act.
29-18 Said action for injunction shall be in addition to any other
29-19 action, proceeding or remedy authorized by law. The <Texas State>
29-20 Board <of Examiners of Psychologists> shall be represented by the
29-21 Attorney General or <and/or> the County or District Attorneys of
29-22 this state.
29-23 SECTION 2.13. Section 25, Psychologists' Certification and
29-24 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
29-25 amended to read as follows:
29-26 Sec. 25. Violations. Any person who<, after December 31,
29-27 1970,> represents himself to be a psychologist within this state
30-1 without being certified or licensed or exempted in accordance with
30-2 the provisions of this Act is guilty of a misdemeanor and, upon
30-3 conviction, shall be punished by a fine not less than Fifty Dollars
30-4 ($50.00) nor more than Five Hundred Dollars ($500.00), and by
30-5 imprisonment in county jail for not more than thirty (30) days.
30-6 Each day of violation is a separate offense.
30-7 SECTION 2.14. The Psychologists' Certification and Licensing
30-8 Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
30-9 adding Sections 25A, 25B, 25C, and 25D to read as follows:
30-10 Sec. 25A. COMPLAINT PROCEDURE IN GENERAL. (a) The Board
30-11 shall keep an information file about each complaint filed with the
30-12 Board. The Board's information file shall be kept current and
30-13 contain a record for each complaint of:
30-14 (1) all persons contacted in relation to the
30-15 complaint;
30-16 (2) a summary of findings made at each step of the
30-17 complaint process;
30-18 (3) an explanation of the legal basis and reason for a
30-19 complaint that is dismissed; and
30-20 (4) other relevant information.
30-21 (b) If a written complaint is filed with the Board that the
30-22 Board has authority to resolve, the Board, at least as frequently
30-23 as quarterly and until final disposition of the complaint, shall
30-24 notify the parties to the complaint of the status of the complaint
30-25 unless the notice would jeopardize an undercover investigation.
30-26 (c) The Board by rule shall adopt a form to standardize
30-27 information concerning complaints made to the Board. The Board by
31-1 rule shall prescribe information to be provided to a person when
31-2 the person files a complaint with the Board.
31-3 (d) The Board shall provide reasonable assistance to a
31-4 person who wishes to file a complaint with the Board.
31-5 Sec. 25B. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
31-6 Board shall adopt rules concerning the investigation of a complaint
31-7 filed with the Board. The rules adopted under this subsection
31-8 shall:
31-9 (1) distinguish between categories of complaints;
31-10 (2) ensure that complaints are not dismissed without
31-11 appropriate consideration;
31-12 (3) require that the Board be advised of a complaint
31-13 that is dismissed and that a letter be sent to the person who filed
31-14 the complaint explaining the action taken on the dismissed
31-15 complaint;
31-16 (4) ensure that the person who filed the complaint has
31-17 an opportunity to explain the allegations made in the complaint;
31-18 and
31-19 (5) prescribe guidelines concerning the categories of
31-20 complaints that require the use of a private investigator and the
31-21 procedures for the Board to obtain the services of a private
31-22 investigator.
31-23 (b) The Board shall dispose of all complaints in a timely
31-24 manner. The Board shall establish a schedule for conducting each
31-25 phase of a complaint that is under the control of the Board not
31-26 later than the 30th day after the date the complaint is received by
31-27 the Board. The schedule shall be kept in the information file for
32-1 the complaint and all parties shall be notified of the projected
32-2 time requirements for pursuing the complaint. A change in the
32-3 schedule must be noted in the complaint information file and all
32-4 parties to the complaint must be notified not later than the
32-5 seventh day after the date the change is made.
32-6 (c) The executive director of the Board shall notify the
32-7 Board of a complaint that extends beyond the time prescribed by the
32-8 Board for resolving the complaint so that the Board may take
32-9 necessary action on the complaint.
32-10 Sec. 25C. INFORMAL PROCEEDINGS. (a) The Board by rule
32-11 shall adopt procedures governing:
32-12 (1) informal disposition of a contested case under
32-13 Section 13(e), Administrative Procedure and Texas Register Act
32-14 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
32-15 subsequent amendments; and
32-16 (2) informal proceedings held in compliance with
32-17 Section 18(c), Administrative Procedure and Texas Register Act
32-18 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
32-19 subsequent amendments.
32-20 (b) Rules adopted under this section must provide the
32-21 complainant and the license or certificate holder an opportunity to
32-22 be heard and must require the presence of a representative of the
32-23 office of the attorney general to advise the Board or Board's
32-24 employees.
32-25 Sec. 25D. MONITORING OF LICENSE OR CERTIFICATE HOLDER. The
32-26 Board by rule shall develop a system for monitoring license or
32-27 certificate holders' compliance with the requirements of this Act.
33-1 Rules adopted under this section shall include procedures for
33-2 monitoring a license or certificate holder who is ordered by the
33-3 Board to perform certain acts to ascertain that the license or
33-4 certificate holder performs the required acts and to identify and
33-5 monitor license or certificate holders who represent a risk to the
33-6 public.
33-7 ARTICLE 3. LICENSED PROFESSIONAL COUNSELORS
33-8 SECTION 3.01. Section 2, Licensed Professional Counselor Act
33-9 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
33-10 as follows:
33-11 Sec. 2. Definitions. In this Act:
33-12 (1) "Licensed professional counselor" means a person
33-13 who:
33-14 (A) represents himself or herself to the public
33-15 by any title or description of services incorporating the words
33-16 "Licensed Counselor," who offers to render professional counseling
33-17 services to individuals, groups, organizations, corporations,
33-18 institutions, government agencies, or the general public for
33-19 compensation, implying that he or she is licensed and trained,
33-20 experienced, or expert in counseling, and who holds a valid license
33-21 issued under this Act to engage in the practice of counseling; or
33-22 (B) a person who holds a valid license issued
33-23 under this Act and who engages in any type of practice of
33-24 counseling.
33-25 (2) "Board" means the Texas <State> Board of Examiners
33-26 of Mental Health Professionals <Professional Counselors>.
33-27 (3) <"Department" means the Texas Department of
34-1 Health.>
34-2 <(4)> "Applicant" means an individual who seeks
34-3 licensing under this Act.
34-4 (4) <(5)> "Graduate semester hour" means a semester
34-5 hour or the quarter hour equivalent as defined by regional
34-6 accrediting educational associations when applied only to domestic
34-7 training programs.
34-8 (5) <(6)> "Counseling services" means those acts and
34-9 behaviors coming within the meaning of the practice of counseling.
34-10 (6) <(7)> "Practice of counseling" means rendering or
34-11 offering to render, to individuals, groups, organizations, or the
34-12 general public, counseling services, for compensation, involving
34-13 the application of principles, methods, or procedures of the
34-14 counseling profession that include but are not restricted to:
34-15 (A) "counseling" which means assisting an
34-16 individual or groups, through the counseling relationship, to
34-17 develop understanding of personal problems, to define goals, and to
34-18 plan action reflecting an individual's or group's interests,
34-19 abilities, aptitudes, and needs as they are related to
34-20 personal-social concerns, educational progress, and occupations and
34-21 careers;
34-22 (B) "appraisal activities" which means
34-23 selecting, administering, scoring, and interpreting instruments
34-24 designed to assess an individual's aptitudes, attitudes, abilities,
34-25 achievements, interests, and personal characteristics but does not
34-26 include the use of projective techniques in the assessment of
34-27 personality;
35-1 (C) "counseling, guidance, and personnel
35-2 consulting" which means interpreting or reporting on scientific
35-3 fact or theory in counseling, guidance, and personnel services to
35-4 provide assistance in solving some current or potential problems of
35-5 individuals, groups, or organizations;
35-6 (D) "referral activities" which means the
35-7 evaluating of data to identify problems and to determine
35-8 advisability of referral to other specialists; and
35-9 (E) "research activities" which means the
35-10 designing, conducting, and interpreting of research with human
35-11 subjects.
35-12 SECTION 3.02. Section 6, Licensed Professional Counselor Act
35-13 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
35-14 as follows:
35-15 Sec. 6. Board Responsibilities. <(a) The board shall meet
35-16 not later than the 30th day after the day its members are appointed
35-17 by the governor. The board shall elect a chairman and a
35-18 vice-chairman who shall hold office according to the rules adopted
35-19 by the board.>
35-20 <(b) The board shall hold at least two regular meetings each
35-21 year as provided by rules adopted by the board and approved by the
35-22 department. Five members constitute a quorum.>
35-23 <(c) The board may delegate functions and activities
35-24 required by this Act to individuals and committees on a permanent
35-25 or temporary basis if a quorum of the board agrees to the
35-26 delegation and if the delegates clearly possess the professional
35-27 and personal qualifications to act as delegates of the board.>
36-1 <(d) The board shall keep an information file about each
36-2 complaint filed with the board. If a written complaint is filed
36-3 with the board relating to a licensee under this Act, the board, at
36-4 least as frequently as quarterly and until the complaint is finally
36-5 disposed of, shall notify the complainant of the status of the
36-6 complaint.>
36-7 <(e)> The board shall:
36-8 (1) determine the qualifications and fitness of
36-9 applicants for licenses, renewal of licenses, and reciprocal
36-10 licenses;
36-11 (2) adopt and revise<, with the approval of the
36-12 department,> rules not inconsistent with the law of this state that
36-13 are necessary to administer this Act. However, the board may not
36-14 adopt rules restricting competitive bidding or advertising by
36-15 licensees except to prohibit false, misleading, or deceptive
36-16 practices. The board may not include in its rules to prohibit
36-17 false, misleading, or deceptive practices by licensees a rule that:
36-18 (A) restricts a licensee's use of any medium for
36-19 advertising;
36-20 (B) restricts a licensee's personal appearance
36-21 or use of the person's <his> personal voice in an advertisement;
36-22 (C) relates to the size or duration of an
36-23 advertisement by a licensee; or
36-24 (D) restricts a licensee's advertisement under a
36-25 trade name;
36-26 (3) adopt and publish a code of ethics and adopt an
36-27 official seal;
37-1 (4) examine for, deny, approve, issue, revoke,
37-2 suspend, and renew the licenses of counselor applicants and
37-3 licensees under this Act <and conduct hearings in connection with
37-4 these actions>;
37-5 (5) establish a mandatory continuing education program
37-6 for licensees <conduct hearings on complaints concerning violations
37-7 of this Act and the rules adopted under this Act and cause the
37-8 prosecution and enjoiner of the violations>; and
37-9 (6) <expend money necessary for the proper
37-10 administration of its assigned duties;>
37-11 <(7) set fees with the approval of the department for
37-12 the board's services in amounts that are sufficient to meet the
37-13 expenses of administering this Act;>
37-14 <(8)> request and receive the assistance of state
37-15 educational institutions or other state agencies<; and>
37-16 <(9) prepare information of consumer interest
37-17 describing the regulatory functions of the board and describing the
37-18 board's procedures by which consumer complaints are filed with and
37-19 resolved by the board. The board shall make the information
37-20 available to the general public and appropriate state agencies>.
37-21 SECTION 3.03. Sections 12(b), (c), and (d), Licensed
37-22 Professional Counselor Act (Article 4512g, Vernon's Texas Civil
37-23 Statutes), are amended to read as follows:
37-24 (b) If a written examination is required, the board shall
37-25 grade the examination and recommend to the presiding officer
37-26 <chairman> action to be taken. To ensure impartiality, written
37-27 examination documents shall be identified by number, and no paper
38-1 may be marked with the name of an applicant but shall be
38-2 anonymously graded by the board. The board shall have the written
38-3 portion of the examination, if any, validated by an independent
38-4 testing professional. In the event an applicant fails to receive a
38-5 passing grade on the entire examination, he may reapply and shall
38-6 be allowed to take a subsequent examination. An applicant who has
38-7 failed two successive examinations may not reapply until two years
38-8 have elapsed from the date of the last examination or he has
38-9 satisfactorily completed nine graduate semester hours in the
38-10 applicant's weakest portion of the examination.
38-11 (c) Not later than the 30th day <Within 30 days> after the
38-12 day a licensing examination is administered under this Act, the
38-13 board shall notify each examinee of the results of the examination.
38-14 However, if an examination is graded or reviewed by a national
38-15 testing service, the board shall notify each examinee of the
38-16 results of the examination not later than the 14th day <within two
38-17 weeks> after the day the board receives the results from the
38-18 testing service. If the notice of the examination results graded
38-19 or reviewed by the national testing service will be delayed for
38-20 more than 90 days after the examination date, the board shall
38-21 notify the examinee of the reason for the delay before the 90th
38-22 day.
38-23 (d) If requested in writing by a person who fails the
38-24 examination for a license, the board shall furnish to the person an
38-25 analysis of the person's performance on the examination.
38-26 SECTION 3.04. Section 14, Licensed Professional Counselor
38-27 Act (Article 4512g, Vernon's Texas Civil Statutes), is amended to
39-1 read as follows:
39-2 Sec. 14. Licenses and Renewal of Licenses. (a) A license
39-3 certificate issued by the board is the property of the board and
39-4 must be surrendered on demand.
39-5 (b) The licensee shall display the license certificate in an
39-6 appropriate and public manner.
39-7 (c) The licensee shall inform the board of his current
39-8 address at all times.
39-9 (d) Each year the board shall prepare a registry of licensed
39-10 professional counselors with specialties, if any, identified. The
39-11 registry shall be made available to the licensees, other state
39-12 agencies, and the general public on request.
39-13 (e) The license may be renewed annually if the licensee is
39-14 not in violation of this Act at the time of application for renewal
39-15 <and if the applicant fulfills current requirements of continuing
39-16 education as established by the board>.
39-17 (f) The board by rule shall establish a minimum number of
39-18 hours of continuing education required to renew a license under
39-19 this Act. The board may assess the continuing education needs of
39-20 licensees and may require licensees to attend continuing education
39-21 courses specified by the board. The board by rule shall develop a
39-22 process to evaluate and approve continuing education courses.
39-23 (g) The board shall identify the key factors for the
39-24 competent performance by a licensee of the licensee's professional
39-25 duties. The board shall adopt a procedure to assess a licensee's
39-26 participation in continuing education programs.
39-27 (h) Each person licensed under this Act is responsible for
40-1 renewing his license before the expiration date.
40-2 (i) <(g)> The board shall adopt a system under which
40-3 licenses expire on various dates during the year. For the year in
40-4 which the expiration date is changed, license fees payable on the
40-5 date of issuance shall be prorated on a monthly basis so that each
40-6 licensee shall pay only that portion of the license fee that is
40-7 applicable to the number of months during which the license is
40-8 valid.
40-9 (j) A person may renew an unexpired license by paying to the
40-10 board before the expiration of the license the required renewal
40-11 fee.
40-12 (k) If a person's license has been expired for 90 days or
40-13 less, the person may renew the license by paying to the board the
40-14 required renewal fee and a fee that is one-half of the examination
40-15 fee for the license.
40-16 (l) If a person's license has been expired for longer than
40-17 90 days but less than one year, the person may renew the license by
40-18 paying to the board all unpaid renewal fees and a fee that is equal
40-19 to the examination fee for the license.
40-20 (m) If a person's license has been expired for one year or
40-21 longer, the person may not renew the license. The person may
40-22 obtain a new license by submitting to reexamination and 0complying
40-23 with the requirements and procedures for obtaining an original
40-24 license. However, the board may renew without reexamination an
40-25 expired license of a person who was licensed in this state, moved
40-26 to another state, and is currently licensed and has been in
40-27 practice in the other state for the two years preceding
41-1 application. The person must pay to the board a fee that is equal
41-2 to the examination fee for the license.
41-3 (n) At least 30 days before the expiration of a person's
41-4 license, the board shall send written notice of the impending
41-5 license expiration to the person at the licensee's last known
41-6 address according to the records of the board.
41-7 (o) <On renewal of the license on the new expiration date,
41-8 the total license fee is payable. Failure to renew a license by
41-9 the expiration date shall result in an increase of the renewal fee
41-10 by an amount to be determined by the board with the approval of the
41-11 department. If failure to renew continues for more than 30 days
41-12 after the date of expiration, the board shall notify the person
41-13 licensed under this Act of the expiration date of his license and
41-14 the amount of the fee required for renewal. If failure to renew
41-15 continues for more than 90 days after the date of expiration of the
41-16 license, the license shall be revoked. Any licensee whose license
41-17 is revoked because of failure to pay the annual license renewal fee
41-18 may secure reinstatement of his license at any time within one year
41-19 from the expiration date on payment of the license fee and a
41-20 penalty fee in an amount to be determined by the board with the
41-21 approval of the department. After the expiration of the year for
41-22 which the license fee was not paid, a license may not be reinstated
41-23 unless the licensee fulfills current requirements applicable to all
41-24 licensees as provided by the rules adopted by the board.>
41-25 <(h)> A licensee may request that his license be declared
41-26 inactive. The licensee then foregoes the licensing rights granted
41-27 under this Act but is relieved of renewal fees and penalty fees.
42-1 At any time in the future, the license shall be declared active on
42-2 the payment of a license fee if the applicant is not in violation
42-3 of this Act at the time of application for reactivation or renewal
42-4 of the license and if the applicant fulfills current requirements
42-5 applicable to all licensees as provided by the rules adopted by the
42-6 board.
42-7 (p) The board by rule may provide for the issuance of a
42-8 temporary license. Rules adopted under this subsection shall
42-9 include a time limit for a temporary license.
42-10 SECTION 3.05. Section 16, Licensed Professional Counselor
42-11 Act (Article 4512g, Vernon's Texas Civil Statutes), is amended to
42-12 read as follows:
42-13 Sec. 16. Revocation or Suspension of License. (a) The
42-14 board shall <may> revoke or suspend the license of a counselor,
42-15 place on probation a counselor whose license has been suspended, or
42-16 reprimand a counselor if <on proof that> the counselor:
42-17 (1) has violated this Act or a rule or code of ethics
42-18 adopted by the board; or
42-19 (2) is legally committed to an institution because of
42-20 mental incompetence from any cause.
42-21 (b) If a license suspension is probated, the board may
42-22 require the licensee to:
42-23 (1) report regularly to the board on matters that are
42-24 the basis of the probation;
42-25 (2) limit practice to the areas prescribed by the
42-26 board; or
42-27 (3) continue or review continuing professional
43-1 education until the licensee attains a degree of skill satisfactory
43-2 to the board in those areas that are the basis of the probation.
43-3 (c) A licensee is entitled to a hearing conducted by the
43-4 State Office of Administrative Hearings before a sanction is
43-5 imposed under this section.
43-6 (d) The board by rule shall adopt a broad schedule of
43-7 sanctions for violations under this Act. The State Office of
43-8 Administrative Hearings shall use the schedule for any sanction
43-9 imposed as the result of a hearing conducted by that office.
43-10 (e) Proceedings for revocation or suspension of a license
43-11 and appeals from those proceedings are governed by the
43-12 Administrative Procedure and Texas Register Act, as amended
43-13 (Article 6252-13a, Vernon's Texas Civil Statutes).
43-14 SECTION 3.06. The Licensed Professional Counselor Act
43-15 (Article 4512g, Vernon's Texas Civil Statutes) is amended by adding
43-16 Sections 16A, 16B, 16C, and 16D to read as follows:
43-17 Sec. 16A. COMPLAINT PROCEDURE IN GENERAL. (a) The board
43-18 shall keep an information file about each complaint filed with the
43-19 board. The board's information file shall be kept current and
43-20 contain a record for each complaint of:
43-21 (1) all persons contacted in relation to the
43-22 complaint;
43-23 (2) a summary of findings made at each step of the
43-24 complaint process;
43-25 (3) an explanation of the legal basis and reason for a
43-26 complaint that is dismissed; and
43-27 (4) other relevant information.
44-1 (b) If a written complaint is filed with the board that the
44-2 board has authority to resolve, the board, at least as frequently
44-3 as quarterly and until final disposition of the complaint, shall
44-4 notify the parties to the complaint of the status of the complaint
44-5 unless the notice would jeopardize an undercover investigation.
44-6 (c) The board by rule shall adopt a form to standardize
44-7 information concerning complaints made to the board. The board by
44-8 rule shall prescribe information to be provided to a person when
44-9 the person files a complaint with the board.
44-10 (d) The board shall provide reasonable assistance to a
44-11 person who wishes to file a complaint with the board.
44-12 Sec. 16B. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
44-13 board shall adopt rules concerning the investigation of a complaint
44-14 filed with the board. The rules adopted under this subsection
44-15 shall:
44-16 (1) distinguish between categories of complaints;
44-17 (2) ensure that complaints are not dismissed without
44-18 appropriate consideration;
44-19 (3) require that the board be advised of a complaint
44-20 that is dismissed and that a letter be sent to the person who filed
44-21 the complaint explaining the action taken on the dismissed
44-22 complaint;
44-23 (4) ensure that the person who filed the complaint has
44-24 an opportunity to explain the allegations made in the complaint;
44-25 and
44-26 (5) prescribe guidelines concerning the categories of
44-27 complaints that require the use of a private investigator and the
45-1 procedures for the board to obtain the services of a private
45-2 investigator.
45-3 (b) The board shall dispose of all complaints in a timely
45-4 manner. The board shall establish a schedule for conducting each
45-5 phase of a complaint that is under the control of the board not
45-6 later than the 30th day after the date the complaint is received by
45-7 the board. The schedule shall be kept in the information file for
45-8 the complaint and all parties shall be notified of the projected
45-9 time requirements for pursuing the complaint. A change in the
45-10 schedule must be noted in the complaint information file and all
45-11 parties to the complaint must be notified not later than the
45-12 seventh day after the date the change is made.
45-13 (c) The executive director of the board shall notify the
45-14 board of a complaint that extends beyond the time prescribed by the
45-15 board for resolving the complaint so that the board may take
45-16 necessary action on the complaint.
45-17 Sec. 16C. INFORMAL PROCEEDINGS. (a) The board by rule
45-18 shall adopt procedures governing:
45-19 (1) informal disposition of a contested case under
45-20 Section 13(e), Administrative Procedure and Texas Register Act
45-21 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
45-22 subsequent amendments; and
45-23 (2) informal proceedings held in compliance with
45-24 Section 18(c), Administrative Procedure and Texas Register Act
45-25 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
45-26 subsequent amendments.
45-27 (b) Rules adopted under this section must provide the
46-1 complainant and the licensee an opportunity to be heard and must
46-2 require the presence of a representative of the office of the
46-3 attorney general to advise the board or board's employees.
46-4 Sec. 16D. MONITORING OF LICENSEE. The board by rule shall
46-5 develop a system for monitoring licensees' compliance with the
46-6 requirements of this Act. Rules adopted under this section shall
46-7 include procedures for monitoring a licensee who is ordered by the
46-8 board to perform certain acts to ascertain that the licensee
46-9 performs the required acts and to identify and monitor licensees
46-10 who represent a risk to the public.
46-11 SECTION 3.07. Section 17, Licensed Professional Counselor
46-12 Act (Article 4512g, Vernon's Texas Civil Statutes), is amended to
46-13 read as follows:
46-14 Sec. 17. Power to Sue. The board <or the department> may
46-15 institute a suit in its own name to enjoin the violation of this
46-16 Act. The suit is in addition to any other action, proceeding, or
46-17 remedy authorized by law. The board shall be represented by the
46-18 attorney general or the appropriate county or district attorney.
46-19 SECTION 3.08. Section 18, Licensed Professional Counselor
46-20 Act (Article 4512g, Vernon's Texas Civil Statutes), is amended to
46-21 read as follows:
46-22 Sec. 18. Reciprocity. (a) The board may grant, on
46-23 application and payment of fees, a provisional license <without
46-24 examination> to a person who at the time of application holds a
46-25 valid license or certificate as a counselor issued by another state
46-26 or any political territory or jurisdiction acceptable to the board
46-27 <if in the board's opinion the requirements for that license or
47-1 certificate are substantially the same as the requirements of this
47-2 Act>. An applicant for a provisional license under this section
47-3 must:
47-4 (1) be licensed in good standing as a counselor in
47-5 another state, territory, or jurisdiction that has licensing
47-6 requirements that are substantially equivalent to the requirements
47-7 of this Act;
47-8 (2) have passed a national or other examination
47-9 recognized by the board relating to counseling; and
47-10 (3) be sponsored by a person licensed by the board
47-11 under this Act with whom the provisional licensee may practice
47-12 under this section.
47-13 (b) An applicant for a provisional license may be excused
47-14 from the requirement of Subsection (a)(3) of this section if the
47-15 board determines that compliance with that subsection constitutes a
47-16 hardship to the applicant.
47-17 (c) A provisional license is valid until the date the board
47-18 approves or denies the provisional licensee's application for a
47-19 license. The board shall issue a license under this Act to the
47-20 holder of a provisional license under this section if:
47-21 (1) the provisional licensee passes the examination
47-22 required by Section 12 of this Act;
47-23 (2) the board verifies that the provisional licensee
47-24 has the academic and experience requirements for a license under
47-25 this Act; and
47-26 (3) the provisional licensee satisfies any other
47-27 license requirements under this Act.
48-1 (d) The board must complete the processing of a provisional
48-2 licensee's application for a license not later than the 180th day
48-3 after the date the provisional license is issued.
48-4 SECTION 3.09. Section 19, Licensed Professional Counselor
48-5 Act (Article 4512g, Vernon's Texas Civil Statutes), is amended to
48-6 read as follows:
48-7 Sec. 19. Revenue, Receipts and Disbursements. (a) All
48-8 money paid to the board <The department shall receive and account
48-9 for funds derived> under this Act<. The funds> shall be deposited
48-10 in the State Treasury to the credit of a special fund to be known
48-11 as the professional counselors licensing fund and may be used only
48-12 for the administration of this Act.
48-13 (b) <The board may impose application, examination, license,
48-14 and renewal fees and any other appropriate fees in an amount fixed
48-15 by the board.> The board by rule shall establish reasonable and
48-16 necessary <fix the amounts of the> fees so that the fees, in the
48-17 aggregate, produce <to collect> sufficient revenue to meet the
48-18 expenses of administering this Act without accumulating unnecessary
48-19 surpluses.
48-20 (c) The fees set by the board may be adjusted so that the
48-21 total fees collected are sufficient to meet the expenses of
48-22 administering this Act. The board may not set a fee for an amount
48-23 less than the amount of that fee on September 1, 1993.
48-24 ARTICLE 4. SOCIAL WORKERS
48-25 SECTION 4.01. Section 50.001, Human Resources Code, is
48-26 amended to read as follows:
48-27 Sec. 50.001. Definitions. (a) In this chapter:
49-1 (1) "Board" means the Texas Board of Examiners of
49-2 Mental Health Professionals <Human Services>.
49-3 (2) "Certified social worker" means a person who is
49-4 duly certified as a certified social worker by the board
49-5 <department> in accordance with this chapter.
49-6 (3) "Social work services" means the professional
49-7 activity of helping individuals, groups, or communities enhance or
49-8 restore their capacity for social functioning and creating social
49-9 conditions favorable to this goal. Social work services consist of
49-10 the professional application of social work values, principles, and
49-11 techniques to one or more of the following ends: helping people
49-12 obtain tangible services, counseling with individuals, families, or
49-13 groups, helping communities or groups provide social and health
49-14 services, and participating in formulating relevant public
49-15 policies. The practice of social work requires knowledge of human
49-16 development and behavior, of social, economic, and cultural
49-17 institutions, and of the interaction of all these factors.
49-18 (4) "Social worker" means a person who has been duly
49-19 certified as a social worker by the board <department> in
49-20 accordance with this chapter.
49-21 (5) "Social work associate" means a person who has
49-22 been duly certified as a social work associate by the board
49-23 <department> in accordance with this chapter.
49-24 <(6) "Council" means the Council for Social Work
49-25 Certification.>
49-26 <(7) "Department" means the Texas Department of Human
49-27 Services.>
50-1 (b) The board <department> may define by rule any word or
50-2 term not defined in this section as necessary to administer or
50-3 enforce this chapter. The definition may not be inconsistent or in
50-4 conflict with the purposes or objectives of this chapter.
50-5 SECTION 4.02. Section 50.005, Human Resources Code, is
50-6 amended to read as follows:
50-7 Sec. 50.005. Funding. (a) All money paid to the board
50-8 <derived from fees, assessments, or charges> under this chapter
50-9 shall be deposited <paid by the department> into the State Treasury
50-10 <for safekeeping and shall be placed by the State Treasurer> in a
50-11 separate fund to be known as the social workers fund. The money
50-12 shall be available to the board <department> exclusively for the
50-13 administration, implementation, and enforcement of this chapter.
50-14 Surpluses are reserved for the use of the board <department> in the
50-15 administration and enforcement of this chapter.
50-16 (b) The comptroller shall, on requisition of the board
50-17 <department>, draw warrants from time to time on the State
50-18 Treasurer for the amount specified in the requisition, not
50-19 exceeding the amount in the fund at the time the requisition is
50-20 made. However, all money expended in the administration,
50-21 implementation, or enforcement of this chapter shall be specified
50-22 and determined by itemized appropriation in the General
50-23 Appropriations Act for the board <department> and not otherwise.
50-24 SECTION 4.03. Section 50.006, Human Resources Code, is
50-25 amended to read as follows:
50-26 Sec. 50.006. Regulation and Enforcement. (a) The board
50-27 <department> may adopt and enforce the rules necessary for the
51-1 performance of its duties, establish standards of conduct and
51-2 ethics for all persons certified under this chapter, and ensure
51-3 strict compliance with and enforcement of this chapter.
51-4 (b) The violation by a certified social worker, social
51-5 worker, or social work associate of this chapter or of any rule of
51-6 the board <department> pertaining to the practice of social work is
51-7 sufficient reason to suspend or revoke a certificate issued under
51-8 this chapter.
51-9 (c) In addition to any other action, proceeding, or remedy
51-10 authorized by law, the board <department> may institute an action
51-11 to enjoin a violation of this chapter or a rule of the board
51-12 <department>. In order for the board <department> to sustain the
51-13 action, it is not necessary to allege or prove the lack of an
51-14 adequate remedy at law or that substantial or irreparable damage
51-15 would result from the continued violation. Either party to the
51-16 action may appeal to the appellate court having jurisdiction of the
51-17 cause. The board <department> shall not be required to give any
51-18 appeal bond in any cause arising under this chapter. The attorney
51-19 general shall represent the board <department> in all actions and
51-20 proceedings to enforce this chapter.
51-21 (d) The board <department> shall prepare information of
51-22 consumer interest describing the regulatory functions of the board
51-23 <department> and describing the board's <department's> procedures
51-24 by which consumer complaints are filed with and resolved by the
51-25 board <department>. The board <department> shall make the
51-26 information available to the general public and appropriate state
51-27 agencies.
52-1 (e) There shall be prominently displayed at all times in the
52-2 place of business of each person certified under this chapter a
52-3 sign containing the name, mailing address, and telephone number of
52-4 the board <department> and a statement informing consumers that
52-5 complaints against persons certified under this chapter may be
52-6 directed to the board <department>.
52-7 SECTION 4.04. Section 50.0061, Human Resources Code, is
52-8 amended to read as follows:
52-9 Sec. 50.0061. Advertising. (a) The board <department> may
52-10 not adopt rules restricting competitive bidding or advertising by a
52-11 person regulated by the board <department> except to prohibit
52-12 false, misleading, or deceptive practices by the person.
52-13 (b) The board <department> may not include in its rules to
52-14 prohibit false, misleading, or deceptive practices by a person
52-15 regulated by the board <department> a rule that:
52-16 (1) restricts the person's use of any medium for
52-17 advertising;
52-18 (2) restricts the person's personal appearance or use
52-19 of the person's <his> voice in an advertisement;
52-20 (3) relates to the size or duration of an
52-21 advertisement by the person; or
52-22 (4) restricts the person's advertisement under a trade
52-23 name.
52-24 SECTION 4.05. Section 50.008(a), Human Resources Code, is
52-25 amended to read as follows:
52-26 (a) A roster showing the names and addresses, as reflected
52-27 by the board's <department's> records, of all certified social
53-1 workers, social workers, and social work associates certified by
53-2 the board <department> shall be prepared and published by the board
53-3 <department> at its discretion. Copies of the roster shall be
53-4 mailed to each person certified by the board <department> placed on
53-5 file with the secretary of state.
53-6 SECTION 4.06. Section 50.009, Human Resources Code, is
53-7 amended to read as follows:
53-8 Sec. 50.009. Fees. (a) The board by rule <department>
53-9 shall establish reasonable and necessary<, charge, and collect>
53-10 fees so that the fees, in the aggregate, produce sufficient
53-11 revenues to cover the cost of administering this chapter, as
53-12 follows:
53-13 (1) a fee for the filing of an application to take an
53-14 examination for a certificate under this chapter;
53-15 (2) a fee for the taking of an examination;
53-16 (3) a fee for the original issuance of certificate
53-17 under this chapter;
53-18 (4) a fee for the original issuance of an order of
53-19 recognition to practice a specialty in the practice of social work;
53-20 (5) a fee for an annual renewal of an order of
53-21 recognition to practice a specialty in the practice of social work;
53-22 (6) a fee for an annual renewal of a certificate
53-23 issued in accordance with this chapter;
53-24 (7) a fee for replacement of a certificate, specialty
53-25 order of recognition, or renewal lost or destroyed; and
53-26 (8) a fee for a copy of the official roster of
53-27 certified persons published by the board <department> for the one
54-1 copy mailed to each person certified.
54-2 (b) The fees set by the board may be adjusted so that the
54-3 total fees collected are sufficient to meet the expenses of
54-4 administering this chapter. The board may not set a fee for an
54-5 amount less than the amount of that fee on September 1, 1993 <If a
54-6 certified social work associate is qualified on September 2, 1983,
54-7 to be examined for a certificate as a social worker because of a
54-8 legislative change in qualifications under Section 50.016 of this
54-9 chapter, the department may not charge or collect a fee for issuing
54-10 the social worker certificate to that person>.
54-11 SECTION 4.07. Section 50.011, Human Resources Code, is
54-12 amended to read as follows:
54-13 Sec. 50.011. Professional Identification. A person
54-14 certified by the board <department> in accordance with this chapter
54-15 shall, in the professional use of his name or any sign, directory,
54-16 listing, contract, document, pamphlet, stationery, letterhead,
54-17 advertisement, signature, or other means of professional
54-18 identification, written or printed, use the following legally
54-19 required identifications:
54-20 (1) if certified as a certified social worker, the
54-21 words "certified social worker" or the initials "C.S.W.";
54-22 (2) if certified as a social worker, the words "social
54-23 worker" or the initials "S.W."; or
54-24 (3) if certified as a social work associate, the words
54-25 "social work associate" or the initials "S.W.A."
54-26 SECTION 4.08. Section 50.013, Human Resources Code, is
54-27 amended to read as follows:
55-1 Sec. 50.013. Applications. An application for certification
55-2 under this chapter shall be on a form prescribed and furnished by
55-3 the board <department> and shall contain statements made under oath
55-4 setting forth in detail the applicant's education, experience, and
55-5 other information as required by the board <department> that
55-6 qualify the applicant for a certificate under this chapter. No
55-7 person is eligible for a certificate provided under this chapter
55-8 unless he is at least 18 years of age and worthy of the public
55-9 trust and confidence.
55-10 SECTION 4.09. Section 50.014, Human Resources Code, is
55-11 amended to read as follows:
55-12 Sec. 50.014. Examinations. (a) At least once each calendar
55-13 year the board <department> shall prepare and administer an
55-14 examination to determine the qualifications of applicants for
55-15 certificates under this chapter. Examinations shall be conducted
55-16 in the manner the board <department> determines and in a manner
55-17 that is fair and impartial to all individuals and to every school
55-18 or system of social work. Applicants shall be known to the
55-19 examiners only by numbers until after the general averages of the
55-20 applicants in a class have been determined and certificates have
55-21 been granted or refused. The scope and content of examinations
55-22 shall be sufficient to ensure professional efficacy and competence
55-23 in keeping with the highest standards of the social work
55-24 profession. The board shall have the written portion of the
55-25 examination, if any, validated by an independent testing
55-26 professional.
55-27 (b) On satisfactory completion of all requirements of the
56-1 examination conducted by the board <department>, an applicant may
56-2 be granted a certificate as a certified social worker, social
56-3 worker, or social work associate as the board <department>
56-4 determines.
56-5 (c) The board by rule shall establish:
56-6 (1) a limit on the number of times an applicant who
56-7 fails an examination may retake the examination;
56-8 (2) requirements for retaking an examination; and
56-9 (3) alternative methods of examining competency <An
56-10 applicant who fails an examination may be reexamined at a
56-11 subsequent time on payment of the required fees. An applicant may
56-12 be reexamined only three times for the same certificate>.
56-13 (d) If requested by a person who fails the examination for a
56-14 certificate, the board <department> shall furnish to the person an
56-15 analysis of the person's performance on the examination.
56-16 (e) Not later than the 30th day after the day on which a
56-17 certification examination is administered under this chapter, the
56-18 board <department> shall notify each examinee of the results of the
56-19 examination. However, if an examination is graded or reviewed by a
56-20 national testing service, the board <department> shall notify
56-21 examinees of the results of the examination not later than the 14th
56-22 day after the day on which the board <department> receives the
56-23 results from the testing service. If the notice of the examination
56-24 results will be delayed for longer than 90 days after the
56-25 examination date, the board <department> shall notify the examinee
56-26 of the reason for the delay before the 90th day.
56-27 SECTION 4.10. Section 50.015, Human Resources Code, is
57-1 amended to read as follows:
57-2 Sec. 50.015. Certified Social Worker. The board <(a)
57-3 Until December 31, 1985, the department> shall consider <the
57-4 following as minimum evidence that an applicant is qualified to be
57-5 examined for a certificate as a certified social worker:>
57-6 <(1)> a doctoral degree or master's degree in social
57-7 work from an accredited graduate program approved by the board
57-8 <department;>
57-9 <(2) a doctoral degree or master's degree not in
57-10 social work from an accredited program approved by the department
57-11 and the successful completion of two years' actual and active
57-12 social work experience approved by the department; or>
57-13 <(3) a baccalaureate degree in social work or a
57-14 related field from an educational program approved by the
57-15 department and the successful completion of five years' actual and
57-16 active social work experience approved by the department; or>
57-17 <(4) a baccalaureate degree not in social work or a
57-18 related field from an educational institution approved by the
57-19 department and the successful completion of 10 years' actual and
57-20 active social work experience approved by the department.>
57-21 <(b) After December 31, 1985, the department shall consider
57-22 only the qualifications prescribed by Subdivision (1) of Subsection
57-23 (a) of this section> as minimum evidence that an applicant is
57-24 qualified to be examined for a certificate as a certified social
57-25 worker.
57-26 SECTION 4.11. Section 50.016, Human Resources Code, is
57-27 amended to read as follows:
58-1 Sec. 50.016. Social Worker. The board <(a) Until December
58-2 31, 1985, the department> shall consider <the following as minimum
58-3 evidence that an applicant is qualified to be examined for a
58-4 certificate as a social worker:>
58-5 <(1)> a baccalaureate degree in social work from an
58-6 educational program approved by the board <department;>
58-7 <(2) a baccalaureate degree not in social work from an
58-8 educational institution approved by the department and the
58-9 successful completion of five years' actual and active social work
58-10 experience approved by the department;>
58-11 <(3) an associate degree from an educational
58-12 institution approved by the department and the successful
58-13 completion of 10 years' actual and active social work experience
58-14 approved by the department; or>
58-15 <(4) a high school diploma or its substantial
58-16 equivalent as determined by the department and the successful
58-17 completion of 15 years' actual and active social work experience
58-18 approved by the department.>
58-19 <(b) After December 31, 1985, the department shall consider
58-20 only the qualifications prescribed by Subdivision (1) of Subsection
58-21 (a) of this section> as minimum evidence that an applicant is
58-22 qualified to be examined for a certificate as a social worker.
58-23 SECTION 4.12. Section 50.017, Human Resources Code, is
58-24 amended to read as follows:
58-25 Sec. 50.017. Social Work Associate. <(a)> The board
58-26 <department> shall consider the following as minimum evidence that
58-27 an applicant is qualified to be examined for a certificate as a
59-1 social work associate:
59-2 (1) a baccalaureate degree from an accredited
59-3 educational institution and the additional satisfactory completion
59-4 of a specified number of years of actual and active social work
59-5 experience approved by the board <department>;
59-6 (2) an associate of arts degree from an accredited
59-7 educational institution and the additional satisfactory completion
59-8 of a specified number of years of actual and active social work
59-9 experience approved by the board <department>; or
59-10 (3) a high school diploma or its substantial
59-11 equivalent as determined by the board <department> and the
59-12 satisfactory completion of a specified number of years of actual
59-13 and active social work experience approved by the board
59-14 <department>.
59-15 SECTION 4.13. Section 50.018, Human Resources Code, is
59-16 amended to read as follows:
59-17 Sec. 50.018. Experience Evaluation. In determining the
59-18 credibility and acceptability of an applicant's professional or
59-19 technical experience or competence, the board <department> may
59-20 require documentary evidence of the quality, scope, and nature of
59-21 the experience and competence as necessary to ensure public safety,
59-22 health, and welfare.
59-23 SECTION 4.14. Section 50.020(a), Human Resources Code, is
59-24 amended to read as follows:
59-25 (a) The board <department> shall establish procedures for
59-26 the recognition of persons qualified for the private, independent
59-27 practice of social work and publish or cause to be published a
60-1 roster of qualified persons. Minimum qualifications for
60-2 recognition shall include:
60-3 (1) certification as a certified social worker under
60-4 this chapter; or
60-5 (2) a number of years of acceptable social work
60-6 experience as determined by the board <department>.
60-7 SECTION 4.15. Section 50.021, Human Resources Code, is
60-8 amended to read as follows:
60-9 Sec. 50.021. Revocation and Suspension. (a) The board
60-10 shall revoke or suspend <department may refuse to issue or to
60-11 renew> a certificate or order of recognition, <may> place on
60-12 probation a person whose certificate or order of recognition has
60-13 been suspended, or <may> reprimand a person with a certificate or
60-14 order of recognition<, or may revoke or suspend a certificate or
60-15 order of recognition issued under this chapter> for any of the
60-16 following reasons:
60-17 (1) violating a provision of this chapter or a rule of
60-18 the board <department>;
60-19 (2) circumventing or attempting to circumvent this
60-20 chapter or a rule of the board <department>;
60-21 (3) participating, directly or indirectly, in a plan,
60-22 scheme, or arrangement attempting or having as its purpose the
60-23 evasion of this chapter or a rule of the board <department>;
60-24 (4) engaging in unethical conduct;
60-25 (5) engaging in conduct which discredits or tends to
60-26 discredit the profession of social work;
60-27 (6) performing an act, allowing an omission, or making
61-1 an assertion or representation that is fraudulent, deceitful, or
61-2 misleading or that in any manner tends to create a misleading
61-3 impression;
61-4 (7) knowingly associating with or permitting or
61-5 allowing the use of any certified person's professional services or
61-6 professional identification in a project or enterprise that the
61-7 person knows or with the exercise of reasonable diligence should
61-8 know is a practice that violates this chapter or a rule of the
61-9 board <department> pertaining to the practice of social work;
61-10 (8) knowingly associating with or permitting the use
61-11 of a certified person's name, professional services, professional
61-12 identification, or endorsement in connection with a venture or
61-13 enterprise that the person knows or with the exercise of reasonable
61-14 diligence should know is a trade, business, or professional
61-15 practice of a fraudulent, deceitful, misleading, or dishonest
61-16 nature;
61-17 (9) revealing, directly or indirectly, or causing to
61-18 be revealed a confidential communication transmitted to the
61-19 certified person by a client or recipient of his services except as
61-20 may be required by law;
61-21 (10) having a certificate or a license to practice
61-22 social work in another jurisdiction denied, suspended, or revoked
61-23 for reasons or causes the board <department> finds would constitute
61-24 a violation of this chapter or a rule pertaining to the practice of
61-25 social work adopted by the board <department>;
61-26 (11) having been convicted of a felony in an American
61-27 jurisdiction; or
62-1 (12) refusing to do or perform any act or service for
62-2 which the person is certified under this chapter solely on the
62-3 basis of the recipient's age, sex, race, religion, national origin,
62-4 color, or political affiliation.
62-5 (b) If a certificate or order of recognition suspension is
62-6 probated, the board may require the probationer to:
62-7 (1) report regularly to the board on matters that are
62-8 the basis of the probation;
62-9 (2) limit practice to the areas prescribed by the
62-10 board; or
62-11 (3) continue or review continuing professional
62-12 education until the probationer attains a degree of skill
62-13 satisfactory to the board in those areas that are the basis of the
62-14 probation.
62-15 SECTION 4.16. Section 50.022, Human Resources Code, is
62-16 amended to read as follows:
62-17 Sec. 50.022. Disciplinary Proceedings. (a) A proceeding
62-18 under Section 50.021 <of this chapter> begins when a charge is
62-19 filed with the board <department> in writing and under oath. The
62-20 charge may be made by any person.
62-21 (b) A person is entitled to notice and a hearing before the
62-22 State Office of Administrative Hearings before a sanction is
62-23 imposed under Section 50.021
62-24 <(c) The department may rule that the order revoking or
62-25 suspending a certificate or order of recognition be probated so
62-26 long as the probationer conforms to the orders and rules that the
62-27 department sets out as the terms of probation. The department, at
63-1 the time of probation, shall set out the period of time that
63-2 constitutes the probationary period. The department may at any
63-3 time while the probationer remains on probation hold a hearing and
63-4 on majority vote rescind the probation and enforce the department's
63-5 original action in revoking or suspending the certificate or order
63-6 of recognition.>
63-7 <(d) The department shall provide for notice and an
63-8 opportunity to appeal from disciplinary proceedings>. Disciplinary
63-9 proceedings and the appeals from the proceedings are governed by
63-10 the Administrative Procedure and Texas Register Act, as amended
63-11 (Article 6252-13a, Vernon's Texas Civil Statutes). The board by
63-12 rule shall adopt a broad schedule of sanctions for violations under
63-13 this chapter. The State Office of Administrative Hearings shall
63-14 use the schedule for any sanction imposed as the result of a
63-15 hearing conducted by that office.
63-16 <(e) The department shall keep an information file on each
63-17 complaint or charge filed. During the consideration of a charge
63-18 filed under this section and until the charge is finally resolved,
63-19 all parties shall be informed monthly in writing as to the status
63-20 of the complaint.>
63-21 SECTION 4.17. Chapter 50, Human Resources Code, is amended
63-22 by adding Sections 50.0221, 50.0222, 50.0223, and 50.0224 to read
63-23 as follows:
63-24 Sec. 50.0221. COMPLAINT PROCEDURE IN GENERAL. (a) The
63-25 board shall keep an information file about each complaint filed
63-26 with the board. The board's information file shall be kept current
63-27 and contain a record for each complaint of:
64-1 (1) all persons contacted in relation to the
64-2 complaint;
64-3 (2) a summary of findings made at each step of the
64-4 complaint process;
64-5 (3) an explanation of the legal basis and reason for a
64-6 complaint that is dismissed; and
64-7 (4) other relevant information.
64-8 (b) If a written complaint is filed with the board that the
64-9 board has authority to resolve, the board, at least as frequently
64-10 as quarterly and until final disposition of the complaint, shall
64-11 notify the parties to the complaint of the status of the complaint
64-12 unless the notice would jeopardize an undercover investigation.
64-13 (c) The board by rule shall adopt a form to standardize
64-14 information concerning complaints made to the board. The board by
64-15 rule shall prescribe information to be provided to a person when
64-16 the person files a complaint with the board.
64-17 (d) The board shall provide reasonable assistance to a
64-18 person who wishes to file a complaint with the board.
64-19 Sec. 50.0222. COMPLAINT INVESTIGATION AND DISPOSITION. (a)
64-20 The board shall adopt rules concerning the investigation of a
64-21 complaint filed with the board. The rules adopted under this
64-22 subsection shall:
64-23 (1) distinguish between categories of complaints;
64-24 (2) ensure that complaints are not dismissed without
64-25 appropriate consideration;
64-26 (3) require that the board be advised of a complaint
64-27 that is dismissed and that a letter be sent to the person who filed
65-1 the complaint explaining the action taken on the dismissed
65-2 complaint;
65-3 (4) ensure that the person who filed the complaint has
65-4 an opportunity to explain the allegations made in the complaint;
65-5 and
65-6 (5) prescribe guidelines concerning the categories of
65-7 complaints that require the use of a private investigator and the
65-8 procedures for the board to obtain the services of a private
65-9 investigator.
65-10 (b) The board shall dispose of all complaints in a timely
65-11 manner. The board shall establish a schedule for conducting each
65-12 phase of a complaint that is under the control of the board not
65-13 later than the 30th day after the date the complaint is received by
65-14 the board. The schedule shall be kept in the information file for
65-15 the complaint and all parties shall be notified of the projected
65-16 time requirements for pursuing the complaint. A change in the
65-17 schedule must be noted in the complaint information file and all
65-18 parties to the complaint must be notified not later than the
65-19 seventh day after the date the change is made.
65-20 (c) The executive director of the board shall notify the
65-21 board of a complaint that extends beyond the time prescribed by the
65-22 board for resolving the complaint so that the board may take
65-23 necessary action on the complaint.
65-24 Sec. 50.0223. INFORMAL PROCEEDINGS. (a) The board by rule
65-25 shall adopt procedures governing:
65-26 (1) informal disposition of a contested case under
65-27 Section 13(e), Administrative Procedure and Texas Register Act
66-1 (Article 6252-13a, Vernon's Texas Civil Statutes); and
66-2 (2) informal proceedings held in compliance with
66-3 Section 18(c), Administrative Procedure and Texas Register Act
66-4 (Article 6252-13a, Vernon's Texas Civil Statutes).
66-5 (b) Rules adopted under this section must provide the
66-6 complainant and the certificate or order of recognition holder an
66-7 opportunity to be heard and must require the presence of a
66-8 representative of the office of the attorney general to advise the
66-9 board or board's employees.
66-10 Sec. 50.0224. MONITORING OF CERTIFICATE OR ORDER OF
66-11 RECOGNITION HOLDER. The board by rule shall develop a system for
66-12 monitoring certificate or order of recognition holders' compliance
66-13 with the requirements of this Act. Rules adopted under this
66-14 section shall include procedures for monitoring a certificate or
66-15 order of recognition holder who is ordered by the board to perform
66-16 certain acts to ascertain that the certificate or order of
66-17 recognition holder performs the required acts and to identify and
66-18 monitor certificate or order of recognition holders who represent a
66-19 risk to the public.
66-20 SECTION 4.18. Section 50.023, Human Resources Code, is
66-21 amended to read as follows:
66-22 Sec. 50.023. Expiration and Renewal. (a) The board
66-23 <department> by rule shall adopt a system under which certificates
66-24 or orders of recognition issued under this chapter expire on
66-25 various dates during the year, and the dates for renewal shall be
66-26 adjusted accordingly. A person may renew an expired <On renewal of
66-27 the> certificate or order of recognition by paying to the board
67-1 before <or on> the expiration date of the certificate or order the
67-2 required<, the total> renewal fee <is payable>.
67-3 (b) Not later than 30 days before the expiration date, the
67-4 board <department> shall notify in writing each person certified of
67-5 the date of the expiration of a certificate or order of recognition
67-6 issued to the person at the person's last known address according
67-7 to the records of the board <him, the amount of the fee for
67-8 renewal, and the continuing education provisions that are required
67-9 for its renewal for one year. The department shall attempt to
67-10 obtain from the person a signed receipt confirming receipt of the
67-11 notice>.
67-12 (c) If a person's certificate or order of recognition has
67-13 been expired for <not longer than> 90 days or less, the person may
67-14 renew the certificate or order of recognition by paying to the
67-15 board <department> the required renewal fee and a fee that is
67-16 one-half of the examination fee for the certificate.
67-17 (d) If a person's certificate or order of recognition has
67-18 been expired for longer than 90 days but less than one year <two
67-19 years>, the person may renew the certificate or order of
67-20 recognition by paying to the board <department> all unpaid renewal
67-21 fees and a fee that is equal to the examination fee for the
67-22 certificate.
67-23 (e) If a person's certificate or order of recognition has
67-24 been expired for one year <two years> or longer, the person may not
67-25 renew the certificate or order of recognition. The person may
67-26 obtain a new certificate or order of recognition by submitting to
67-27 reexamination, if an examination was originally required, and
68-1 complying with the requirements and procedures for obtaining an
68-2 original certificate or order of recognition. However, the board
68-3 may renew without reexamination an expired certificate or order of
68-4 recognition of a person who was certified in this state, moved to
68-5 another state, and is currently certified and has been in practice
68-6 in the other state for the two years preceding application. The
68-7 person must pay to the board a fee that is equal to the examination
68-8 fee for the certificate or order of recognition.
68-9 SECTION 4.19. Section 50.024, Human Resources Code, is
68-10 amended to read as follows:
68-11 Sec. 50.024. BOARD <DEPARTMENT> REGULATION. (a) The board
68-12 <department> may establish, within the scope of social work and
68-13 this chapter, specifically designed areas of specialty work service
68-14 or practice for those persons certified and in good standing as
68-15 certified social workers or social workers. The basis for board
68-16 <department> action in establishing a social work specialty shall
68-17 be founded in the public interest and necessity and for the purpose
68-18 of practicing, aiding, and assisting the public in identifying
68-19 those persons in the professions qualified to practice or perform
68-20 specialty services.
68-21 (b) In establishing a specialty service or practice, the
68-22 board <department> shall define the scope of the specialty,
68-23 establish standards of special qualifications for the specialty
68-24 workers or practitioners that will accurately and truly describe
68-25 the parameters of the specialty and the use of which will be
68-26 prohibited to those who have not satisfied the board <department's>
68-27 requirements for qualification in the specialty, adopt rules of
69-1 conduct for specialty practitioners that will ensure strict
69-2 compliance with and enforcement of this chapter, and adopt rules
69-3 for suspending or revoking the order of recognition in the
69-4 specialty.
69-5 (c) A specialty may not be authorized for the private
69-6 practice of social work except for those persons certified as
69-7 certified social workers under this chapter meeting the minimum
69-8 number of years of actual and active social work practice as
69-9 determined by the board <department>. However, the board
69-10 <department> may not establish any specialty or specialty
69-11 identification in conflict with any licensing law of this state.
69-12 SECTION 4.20. Section 50.025, Human Resources Code, is
69-13 amended to read as follows:
69-14 Sec. 50.025. Limitations. After the effective date of an
69-15 order of the board <department> establishing areas of specialty
69-16 service or practice, a certified social worker or social worker may
69-17 not make use of a specialty professional identification or title
69-18 designated by the board <department> until the person has qualified
69-19 and been recognized by the board <department> as worthy of the
69-20 public trust in performing services within the scope of the
69-21 specialty.
69-22 SECTION 4.21. Section 50.026, Human Resources Code, is
69-23 amended to read as follows:
69-24 Sec. 50.026. Recognition Order. After a certified social
69-25 worker or social worker has met all requirements of the board
69-26 <department> for recognition in a specialty established by the
69-27 board <department>, the board <department> shall recognize the
70-1 person as so qualified. The recognition shall be evidenced by an
70-2 order of recognition of specialty of a name, design, and content as
70-3 the board <department> shall determine, setting forth the full name
70-4 of the person, official specialty serial number, the signature of
70-5 the presiding officer <commissioner and the chairman> of the board
70-6 <council>, and the board's <department's> official seal. Issue of
70-7 the order of recognition of specialty shall be evidence that the
70-8 person to whom it is issued has been recognized by this state as a
70-9 specialty social work practitioner under the name or title
70-10 designated by the board <department>.
70-11 SECTION 4.22. Section 50.027, Human Resources Code, is
70-12 amended to read as follows:
70-13 Sec. 50.027. Expiration. The board <department> by rule
70-14 shall adopt a system under which orders of recognition of specialty
70-15 practice expire on various dates during the year, and the dates for
70-16 renewal shall be adjusted accordingly. On renewal of the specialty
70-17 order of recognition on the expiration date, the total specialty
70-18 order of recognition renewal fee is payable.
70-19 SECTION 4.23. Section 50.028, Human Resources Code, is
70-20 amended to read as follows:
70-21 Sec. 50.028. Violations. A person who violates this chapter
70-22 or a rule of the board <department> pertaining to the practice of
70-23 social work is subject to a civil penalty of not less than $50 nor
70-24 more than $500 for each day of violation.
70-25 SECTION 4.24. Section 50.029, Human Resources Code, is
70-26 amended to read as follows:
70-27 Sec. 50.029. INJUNCTIVE RELIEF <ENFORCEMENT>. (a) When it
71-1 appears that a person has violated or is violating or is
71-2 threatening to violate this chapter or a rule or order of the board
71-3 <department> pertaining to social work, the board <department> may
71-4 cause a civil suit to be instituted in a district court for
71-5 injunctive relief to restrain the continued violation or threat of
71-6 violation or for the assessment and recovery of the civil penalty,
71-7 as the court may consider proper, or for both injunctive relief and
71-8 civil penalty. On application for injunctive relief and a finding
71-9 that a person is violating or threatening to violate this chapter
71-10 or a rule, variance, or order of the board <department>, the
71-11 district court may grant the injunctive relief that the facts
71-12 warrant.
71-13 (b) At the request of the board <department>, the attorney
71-14 general shall institute and conduct a suit in the name of this
71-15 state for injunctive relief or to recover the civil penalty or for
71-16 both injunctive relief and penalty, as authorized in Subsection (a)
71-17 <of this section>.
71-18 SECTION 4.25. Section 50.031, Human Resources Code, is
71-19 amended to read as follows:
71-20 Sec. 50.031. Grants. The board may <department is hereby
71-21 empowered and authorized to> take all action necessary to qualify
71-22 for, accept, and receive funds or grants made available by the
71-23 United States or an agency of the United States, by this state or
71-24 any agency of this state, or by a private foundation or other
71-25 source for the establishment and maintenance of programs of
71-26 continuing education.
71-27 SECTION 4.26. Section 50.032, Human Resources Code, is
72-1 amended to read as follows:
72-2 Sec. 50.032. Reciprocity. (a) The board <department> may,
72-3 on application and payment of the appropriate fee, grant a
72-4 provisional certificate to a <certify as a certified social
72-5 worker,> social worker<,> or social work associate <a person> who
72-6 is appropriately certified or licensed by another state, territory,
72-7 or possession of the United States if the requirements of that
72-8 state, territory, or possession for the certificate or license are
72-9 the substantial equivalent of the requirements of this chapter as
72-10 determined by the board <department>. An applicant for a
72-11 provisional certificate under this section must:
72-12 (1) be licensed in good standing as a social worker or
72-13 social work associate in another state, the District of Columbia,
72-14 or a territory of the United States that has certification
72-15 requirements that are substantially equivalent to the requirements
72-16 of this chapter;
72-17 (2) have passed a national or other examination
72-18 recognized by the board relating to social work; and
72-19 (3) be sponsored by a person certified by the board
72-20 under this chapter with whom the provisional certificate holder may
72-21 practice under this section.
72-22 (b) An applicant for a provisional certificate may be
72-23 excused from the requirement of Subsection (a)(3) if the board
72-24 determines that compliance with that subsection constitutes a
72-25 hardship to the applicant.
72-26 (c) A provisional certificate is valid until the date the
72-27 board approves or denies the provisional certificate holder's
73-1 application for a certificate. The board shall issue a certificate
73-2 under this chapter to the holder of a provisional certificate under
73-3 this section if:
73-4 (1) the provisional certificate holder passes the
73-5 examination required by Section 50.014;
73-6 (2) the board verifies that the provisional
73-7 certificate holder has the academic and experience requirements for
73-8 a certificate under this chapter; and
73-9 (3) the provisional certificate holder satisfies any
73-10 other certificate requirements under this chapter.
73-11 (d) The board must complete the processing of a provisional
73-12 certificate holder's application for a certificate not later than
73-13 the 180th day after the date the provisional certificate is issued.
73-14 (e) <(b)> The board <department> may waive any certification
73-15 requirement for an applicant with a valid certificate or license
73-16 from another state with which the State of Texas has a reciprocity
73-17 agreement.
73-18 SECTION 4.27. Section 50.034, Human Resources Code, is
73-19 amended to read as follows:
73-20 Sec. 50.034. Continuing Education. (a) The board by rule
73-21 shall establish <department may recognize, prepare, or administer>
73-22 mandatory continuing education programs for certified social
73-23 workers, social workers, and social work associates certified under
73-24 this chapter<. Participation in the programs is voluntary>.
73-25 (b) The board by rule shall establish a minimum number of
73-26 hours of continuing education required to renew a certificate or
73-27 order of recognition under this chapter. The board may assess the
74-1 continuing education needs of certificate or order of recognition
74-2 holders and may require certificate or order of recognition holders
74-3 to attend continuing education courses specified by the board. The
74-4 board by rule shall develop a process to evaluate and approve
74-5 continuing education courses.
74-6 (c) The board shall identify the key factors for the
74-7 competent performance by a certificate or order of recognition
74-8 holder of the certificate or order of recognition holder's
74-9 professional duties. The board shall adopt a procedure to assess a
74-10 certificate or order of recognition holder's participation in
74-11 continuing education programs.
74-12 ARTICLE 5. MARRIAGE AND FAMILY THERAPISTS
74-13 SECTION 5.01. Section 2, Licensed Marriage and Family
74-14 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
74-15 amended to read as follows:
74-16 Sec. 2. Definitions. In this Act:
74-17 (1) "Board" means the Texas <State> Board of Examiners
74-18 of Mental Health Professionals <Marriage and Family Therapists>.
74-19 (2) <"Board of health" means the Texas Board of
74-20 Health.>
74-21 <(3) "Department" means the Texas Department of
74-22 Health.>
74-23 <(4)> "Licensed marriage and family therapist" means
74-24 an individual who offers to provide marriage and family therapy for
74-25 compensation.
74-26 (3) <(5)> "Marriage and family therapy" means the
74-27 rendering of professional therapy services to individuals,
75-1 families, or married couples, singly or in groups, and involves the
75-2 professional application of family systems theories and techniques
75-3 in the delivery of therapy services to those persons. The term
75-4 includes the evaluation and remediation of cognitive, affective,
75-5 behavioral, or relational dysfunction within the context of
75-6 marriage or family systems.
75-7 SECTION 5.02. Section 11, Licensed Marriage and Family
75-8 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
75-9 amended to read as follows:
75-10 Sec. 11. <PUBLIC INTEREST INFORMATION AND> COMPLAINTS. (a)
75-11 <The board shall prepare information of public interest describing
75-12 the functions of the board and the procedures by which complaints
75-13 are filed with and resolved by the board. The board shall make the
75-14 information available to the public and appropriate state agencies.>
75-15 <(b)> The board shall keep an information file about each
75-16 complaint filed with the board. The board's information file shall
75-17 be kept current and contain a record for each complaint of:
75-18 (1) all persons contacted in relation to the
75-19 complaint;
75-20 (2) a summary of findings made at each step of the
75-21 complaint process;
75-22 (3) an explanation of the legal basis and reason for a
75-23 complaint that is dismissed; and
75-24 (4) other relevant information <that the board has
75-25 authority to resolve>.
75-26 (b) If a written complaint is filed with the board that the
75-27 board has authority to resolve, the board, at least quarterly and
76-1 until final disposition of the complaint, shall notify the parties
76-2 to the complaint of the status of the complaint unless notice would
76-3 jeopardize an undercover investigation.
76-4 (c) The board by rule shall adopt a form to standardize
76-5 information concerning complaints made to the board. The board by
76-6 rule shall prescribe information to be provided to a person when
76-7 the person files a complaint with the board.
76-8 (d) The board shall provide reasonable assistance to a
76-9 person who wishes to file a complaint with the board <shall develop
76-10 and implement policies that provide the public with a reasonable
76-11 opportunity to appear before the board and to speak on any issue
76-12 under the jurisdiction of the board>.
76-13 SECTION 5.03. The Licensed Marriage and Family Therapist Act
76-14 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
76-15 adding Sections 11A, 11B, and 11C to read as follows:
76-16 Sec. 11A. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
76-17 board shall adopt rules concerning the investigation of a complaint
76-18 filed with the board. The rules adopted under this subsection
76-19 shall:
76-20 (1) distinguish between categories of complaints;
76-21 (2) ensure that complaints are not dismissed without
76-22 appropriate consideration;
76-23 (3) require that the board be advised of a complaint
76-24 that is dismissed and that a letter be sent to the person who filed
76-25 the complaint explaining the action taken on the dismissed
76-26 complaint;
76-27 (4) ensure that the person who filed the complaint has
77-1 an opportunity to explain the allegations made in the complaint;
77-2 and
77-3 (5) prescribe guidelines concerning the categories of
77-4 complaints that require the use of a private investigator and the
77-5 procedures for the board to obtain the services of a private
77-6 investigator.
77-7 (b) The board shall dispose of all complaints in a timely
77-8 manner. The board shall establish a schedule for conducting each
77-9 phase of a complaint that is under the control of the board not
77-10 later than the 30th day after the date the complaint is received by
77-11 the board. The schedule shall be kept in the information file for
77-12 the complaint and all parties shall be notified of the projected
77-13 time requirements for pursuing the complaint. A change in the
77-14 schedule must be noted in the complaint information file and all
77-15 parties to the complaint must be notified not later than the
77-16 seventh day after the date the change is made.
77-17 (c) The executive director of the board shall notify the
77-18 board of a complaint that extends beyond the time prescribed by the
77-19 board for resolving the complaint so that the board may take
77-20 necessary action on the complaint.
77-21 Sec. 11B. INFORMAL PROCEEDINGS. (a) The board by rule
77-22 shall adopt procedures governing:
77-23 (1) informal disposition of a contested case under
77-24 Section 13(e), Administrative Procedure and Texas Register Act
77-25 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
77-26 subsequent amendments; and
77-27 (2) informal proceedings held in compliance with
78-1 Section 18(c), Administrative Procedure and Texas Register Act
78-2 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
78-3 subsequent amendments.
78-4 (b) Rules adopted under this section must provide the
78-5 complainant and the license holder an opportunity to be heard and
78-6 must require the presence of a representative of the office of the
78-7 attorney general to advise the board or board's employees.
78-8 Sec. 11C. MONITORING OF LICENSE HOLDER. The board by rule
78-9 shall develop a system for monitoring license holders' compliance
78-10 with the requirements of this Act. Rules adopted under this
78-11 section shall include procedures for monitoring a license holder
78-12 who is ordered by the board to perform certain acts to ascertain
78-13 that the license holder performs the required acts and to identify
78-14 and monitor license holders who represent a risk to the public.
78-15 SECTION 5.04. Section 12, Licensed Marriage and Family
78-16 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
78-17 amended to read as follows:
78-18 Sec. 12. Fees; fund. (a) The board <of health> shall by
78-19 rule establish reasonable and necessary <set> fees so that the
78-20 fees, in the aggregate, produce sufficient revenue to cover the
78-21 cost of administering <for licenses, license renewals,
78-22 examinations, and all other administrative expenses under> this
78-23 Act.
78-24 (b) The fees set by the board may be adjusted so that the
78-25 total fees collected are sufficient to meet the expenses of
78-26 administering this Act. The board may not set a fee for an amount
78-27 less than the amount of that fee on September 1, 1993 <The board
79-1 of health shall set the fees in amounts that are reasonable and
79-2 necessary to cover administrative costs>.
79-3 (c) The marriage and family therapists licensing account is
79-4 created in the General Revenue Fund and may be used only by the
79-5 board <of health and the department> in the administration of this
79-6 Act. All money paid to <Fees received by> the board <of health>
79-7 under this Act shall be deposited in the General Revenue Fund to
79-8 the credit of the account.
79-9 <(d) The salaries and reimbursements paid by the department
79-10 shall be comparable to those prescribed in the General
79-11 Appropriations Act for persons holding comparable positions. The
79-12 general rules of the General Appropriations Act apply to the
79-13 expenditure of funds under this section. The board of health and
79-14 department may apply the funds covered by this section to replenish
79-15 other budget items to the extent that funds were directed from
79-16 those items to facilitate licensing marriage and family therapists
79-17 before fees were available to do so.>
79-18 SECTION 5.05. Section 13, Licensed Marriage and Family
79-19 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
79-20 amended to read as follows:
79-21 Sec. 13. General powers and duties of board. (a) <The
79-22 board may adopt rules for its own procedures.>
79-23 <(b)> The board shall adopt <propose> rules relating to
79-24 licensing requirements for marriage and family therapists <for
79-25 consideration by the board of health>.
79-26 (b) The <(c) Based on rules adopted by the board of health,
79-27 the> board by rule shall determine the qualifications and fitness
80-1 of applicants for licenses under this Act.
80-2 (c) <(d)> The board shall adopt a code of professional
80-3 ethics for persons licensed under this Act.
80-4 <(e) On or before February 1 of each year, the board shall
80-5 present a written report to the governor and the presiding officer
80-6 of each house of the legislature that describes the activities of
80-7 the board and details the disposition of all funds received and
80-8 disbursed by the board during the preceding year.>
80-9 SECTION 5.06. Sections 19(a), (b), and (d), Licensed
80-10 Marriage and Family Therapist Act (Article 4512c-1, Vernon's Texas
80-11 Civil Statutes), are amended to read as follows:
80-12 (a) Unless exempted from the examination requirement under
80-13 Section 30 of this Act or by a determination of the board based on
80-14 the applicant's education and professional experience, each
80-15 applicant for a license under this Act must pass an examination
80-16 prescribed by the board. The board shall have the written portion
80-17 of the examination, if any, validated by an independent testing
80-18 professional <and approved by the commissioner of health>. The
80-19 examination may be composed of:
80-20 (1) a written examination;
80-21 (2) a field examination, through questionnaires
80-22 answered by the applicant's instructors, employers, supervisors, or
80-23 other persons who are competent in the judgment of the board to
80-24 assess the applicant's professional ability, and that may include
80-25 written case studies and taped interviews;
80-26 (3) an oral examination; or
80-27 (4) any combination of those examinations.
81-1 (b) An applicant shall apply to take the examination on a
81-2 form prescribed by the board. The examination application must be
81-3 accompanied by the examination fee set by the board <of health>.
81-4 (d) Not later than the 30th day after the day on which a
81-5 licensing examination is administered under this Act <Unless the
81-6 examination is graded or reviewed by a national testing service>,
81-7 the board shall notify each examinee of the results of the
81-8 examination <not later than 30 days after the examination date>.
81-9 However, if <If> the examination is <so> graded or reviewed by a
81-10 national testing service, the board shall notify each examinee of
81-11 the results not later than the 14th day <15 days> after the date on
81-12 which the board receives the results from the national testing
81-13 service. If the notice of examination results graded or reviewed
81-14 by a national testing service will be delayed for more than 90 days
81-15 after the examination date, the board shall notify each examinee of
81-16 the reason for the delay before <not later than> the 90th day
81-17 <after the examination date>.
81-18 SECTION 5.07. Section 20, Licensed Marriage and Family
81-19 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
81-20 amended by adding Subsection (c) to read as follows:
81-21 (c) The board by rule may provide for the issuance of a
81-22 temporary license. Rules adopted under this subsection shall
81-23 include a time limit for a temporary license.
81-24 SECTION 5.08. Section 21, Licensed Marriage and Family
81-25 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
81-26 amended to read as follows:
81-27 Sec. 21. License renewal. (a) A license issued under this
82-1 Act is subject to annual renewal. The board shall adopt a system
82-2 under which licenses expire on various dates during the year.
82-3 (b) A license holder may renew an unexpired license by
82-4 paying to the board <the renewal fee> before the expiration date of
82-5 the license the required renewal fee.
82-6 (c) If a person's license has been expired for <less than>
82-7 90 days or less, the person may renew the license by paying to the
82-8 board the required renewal fee and a fee that is one-half of the
82-9 examination fee for the license <the unpaid renewal fees plus a
82-10 late renewal fee in an amount determined by the board>.
82-11 (d) If a person's license has been expired for longer than
82-12 90 days but less than one year, the person may renew the license by
82-13 paying to the board all unpaid renewal fees and a fee that is equal
82-14 to the examination fee for the license.
82-15 (e) If the person's license has been expired for one year or
82-16 longer <90 days or more>, the person may not renew the license.
82-17 The person may obtain a new license by submitting to reexamination
82-18 and complying with the requirements and procedures for obtaining an
82-19 original license. However, the board may renew without
82-20 reexamination an expired license of a person who was licensed in
82-21 this state, moved to another state, and is currently licensed and
82-22 has been in practice in the other state for the two years preceding
82-23 application. The person must pay to the board a fee that is equal
82-24 to the examination fee for the license.
82-25 (f) <(e)> The board shall notify each license holder in
82-26 writing of the pending license expiration not later than the 30th
82-27 day before the date on which the license expires.
83-1 (g) <(f)> The board shall establish a mandatory <may prepare
83-2 or approve> continuing education program <programs> for license
83-3 holders <and may require each license holder to participate in an
83-4 approved continuing education program in order to renew a license
83-5 issued under this Act>.
83-6 (h) The board by rule shall establish a minimum number of
83-7 hours of continuing education required to renew a license under
83-8 this Act. The board may assess the continuing education needs of
83-9 license holders and may require license holders to attend
83-10 continuing education courses specified by the board. The board by
83-11 rule shall develop a process to evaluate and approve continuing
83-12 education courses.
83-13 (i) The board shall identify the key factors for the
83-14 competent performance by a license holder of the license holder's
83-15 professional duties. The board shall adopt a procedure to assess a
83-16 license holder's participation in continuing education programs.
83-17 SECTION 5.09. Section 22, Licensed Marriage and Family
83-18 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
83-19 amended to read as follows:
83-20 Sec. 22. PROVISIONAL LICENSE BY RECIPROCITY. (a) The board
83-21 may grant a provisional license to a <A> person who is licensed or
83-22 otherwise registered as a marriage and family therapist by another
83-23 state or other jurisdiction, whose requirements for licensing or
83-24 registration were, on the date of the licensing or registration,
83-25 substantially equal to those prescribed by this Act<, is entitled
83-26 to a license without examination on submission of an application
83-27 form and payment of an administrative fee>. An applicant for a
84-1 provisional license under this section must:
84-2 (1) be licensed in good standing as a marriage and
84-3 family therapist in another state or jurisdiction that has
84-4 licensing requirements that are substantially equivalent to the
84-5 requirements of this Act;
84-6 (2) have passed a national or other examination
84-7 recognized by the board relating to marriage and family therapy;
84-8 and
84-9 (3) be sponsored by a person licensed by the board
84-10 under this Act with whom the provisional license holder may
84-11 practice under this section.
84-12 (b) An applicant for a provisional license may be excused
84-13 from the requirement of Subsection (a)(3) of this section if the
84-14 board determines that compliance with that subsection constitutes a
84-15 hardship to the applicant.
84-16 (c) A provisional license is valid until the date the board
84-17 approves or denies the provisional license holder's application for
84-18 a license. The board shall issue a license under this Act to the
84-19 holder of a provisional license under this section if:
84-20 (1) the provisional license holder passes the
84-21 examination required by Section 19 of this Act;
84-22 (2) the board verifies that the provisional license
84-23 holder has the academic and experience requirements for a license
84-24 under this Act; and
84-25 (3) the provisional license holder satisfies any other
84-26 license requirements under this Act.
84-27 (d) The board must complete the processing of a provisional
85-1 license holder's application for a license not later than the 180th
85-2 day after the date the provisional license is issued.
85-3 SECTION 5.10. Section 25, Licensed Marriage and Family
85-4 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
85-5 amended to read as follows:
85-6 Sec. 25. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE; CIVIL
85-7 PENALTY. (a) The <After a hearing, the> board shall <may deny,>
85-8 suspend<,> or revoke a license, place on probation a person whose
85-9 license has been suspended, or reprimand <or otherwise discipline>
85-10 a license holder if <the applicant for license or> the license
85-11 holder has:
85-12 (1) been convicted of a felony or a misdemeanor
85-13 involving moral turpitude;
85-14 (2) obtained or attempted to obtain registration by
85-15 fraud or deception;
85-16 (3) used drugs or alcohol to an extent that affects
85-17 professional competence;
85-18 (4) been grossly negligent in performing professional
85-19 duties;
85-20 (5) been adjudicated mentally incompetent by a court
85-21 of competent jurisdiction;
85-22 (6) practiced in a manner detrimental to the public
85-23 health or welfare;
85-24 (7) advertised in a manner that tends to deceive or
85-25 defraud the public;
85-26 (8) had a license or certification revoked by a
85-27 licensing agency or by a certifying professional organization; or
86-1 (9) otherwise violated this Act or a rule or code of
86-2 ethics adopted under this Act.
86-3 (b) A person who violates this Act or a rule adopted by the
86-4 board under this Act is subject to a civil penalty of $1,000 for
86-5 each day of violation. At the request of the board, the attorney
86-6 general shall bring an action to recover a civil penalty authorized
86-7 under this subsection.
86-8 (c) If a license suspension is probated, the board may
86-9 require the license holder to:
86-10 (1) report regularly to the board on matters that are
86-11 the basis of the probation;
86-12 (2) limit practice to the areas prescribed by the
86-13 board; or
86-14 (3) continue or review continuing professional
86-15 education until the license holder attains a degree of skill
86-16 satisfactory to the board in those areas that are the basis of the
86-17 probation.
86-18 (d) A license holder is entitled to a hearing before the
86-19 State Office of Administrative Hearings before a sanction is
86-20 imposed under this section.
86-21 (e) The board by rule shall adopt a broad schedule of
86-22 sanctions for violations under this Act. The State Office of
86-23 Administrative Hearings shall use the schedule for any sanction
86-24 imposed as the result of a hearing conducted by that office.
86-25 SECTION 5.11. The Licensed Marriage and Family Therapist Act
86-26 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
86-27 adding Section 25A to read as follows:
87-1 Sec. 25A. ADMINISTRATIVE PENALTY. (a) The board may assess
87-2 an administrative penalty against a person who violates a provision
87-3 of this Act or a rule adopted by the board under this Act as
87-4 provided by this section.
87-5 (b) The penalty for each violation may be in an amount not
87-6 to exceed $1,000. Each day a violation continues or occurs may be
87-7 considered a separate violation for purposes of penalty assessment.
87-8 (c) In determining the amount of the penalty, the executive
87-9 director of the board shall consider:
87-10 (1) the seriousness of the violation, including the
87-11 nature, circumstances, extent, and gravity of the prohibited acts
87-12 and the hazard or potential hazard posed to the health or safety of
87-13 the public;
87-14 (2) the economic damage to property or the environment
87-15 caused by the violation;
87-16 (3) the history of previous violations;
87-17 (4) the amount necessary to deter future violations;
87-18 (5) efforts to correct the violation; and
87-19 (6) any other matter that justice may require.
87-20 (d) If, after investigation of a possible violation and the
87-21 facts surrounding that possible violation, the executive director
87-22 determines that a violation has occurred, the executive director
87-23 may issue a violation report stating the facts on which the
87-24 conclusion that a violation occurred is based, recommending that an
87-25 administrative penalty under this section be imposed on the person
87-26 charged and recommending the amount of that proposed penalty. The
87-27 executive director shall base the recommended amount of the
88-1 proposed penalty on the seriousness of the violation determined by
88-2 consideration of the factors set forth in Subsection (c) of this
88-3 section.
88-4 (e) Not later than the 14th day after the date on which the
88-5 report is issued, the executive director shall give written notice
88-6 of the report to the person charged. The notice shall include a
88-7 brief summary of the charges, a statement of the amount of the
88-8 penalty recommended, and a statement of the right of the person
88-9 charged to a hearing on the occurrence of the violation or the
88-10 amount of the penalty, or both the occurrence of the violation and
88-11 the amount of the penalty.
88-12 (f) Not later than the 20th day after the date on which
88-13 notice is received, the person charged may accept the determination
88-14 of the executive director made under Subsection (d) of this
88-15 section, including the recommended penalty, or make a written
88-16 request for a hearing on the determination.
88-17 (g) If the person charged with the violation accepts the
88-18 determination of the executive director, the board shall issue an
88-19 order approving the determination and ordering the payment of the
88-20 recommended penalty.
88-21 (h) If the person charged requests a hearing or fails to
88-22 timely respond to the notice, the executive director shall set a
88-23 hearing and give notice of the hearing. The hearing shall be held
88-24 by a hearing examiner designated by the board. The hearing
88-25 examiner shall make findings of fact and conclusions of law and
88-26 promptly issue to the board a proposal for decision as to the
88-27 occurrence of the violation, including a recommendation as to the
89-1 amount of the proposed penalty if a penalty is warranted. Based on
89-2 the findings of fact, conclusions of law, and recommendations of
89-3 the hearing examiner, the board by order may find a violation has
89-4 occurred and may assess a penalty or may find that no violation has
89-5 occurred. All proceedings under this subsection are subject to the
89-6 Administrative Procedure and Texas Register Act (Article 6252-13a,
89-7 Vernon's Texas Civil Statutes) and its subsequent amendments.
89-8 (i) The executive director shall give notice of the board's
89-9 order to the person charged. The notice shall include:
89-10 (1) the findings of fact and conclusions of law
89-11 separately stated;
89-12 (2) the amount of the penalty ordered, if any;
89-13 (3) a statement of the right of the person charged to
89-14 judicial review of the board's order, if any; and
89-15 (4) other information required by law.
89-16 (j) Within the 30-day period immediately following the day
89-17 on which the order becomes final as provided by Section 16(c),
89-18 Administrative Procedure and Texas Register Act (Article 6252-13a,
89-19 Vernon's Texas Civil Statutes), and its subsequent amendments, the
89-20 person charged with the penalty shall:
89-21 (1) pay the penalty in full; or
89-22 (2) if the person files a petition for judicial review
89-23 contesting either the amount of the penalty or the fact of the
89-24 violation or contesting both the fact of the violation and the
89-25 amount of the penalty:
89-26 (A) forward the amount to the executive director
89-27 for placement in an escrow account; or
90-1 (B) in lieu of payment into escrow, post with
90-2 the executive director a supersedeas bond in a form approved by the
90-3 executive director for the amount of the penalty, the bond to be
90-4 effective until all judicial review of the order or decision is
90-5 final.
90-6 (k) If a person charged is financially unable to either
90-7 forward the amount of the penalty for placement in an escrow
90-8 account or post a supersedeas bond for the amount of the penalty,
90-9 the person may satisfy the requirements of Subsection (j)(2) of
90-10 this section by filing with the executive director an affidavit
90-11 sworn by the person charged, stating that the person is financially
90-12 unable to either forward the amount of the penalty or post a bond.
90-13 (l) Failure to forward the money to or to post the bond or
90-14 file the affidavit with the executive director within the time
90-15 provided by Subsection (j) of this section results in a waiver of
90-16 all legal rights to judicial review. Also, if the person charged
90-17 fails to pay the penalty in full as provided under Subsection
90-18 (j)(1) of this section or forward the money, post the bond, or file
90-19 the affidavit as provided by Subsection (j) or (k) of this section,
90-20 the executive director may forward the matter to the attorney
90-21 general for enforcement.
90-22 (m) Judicial review of the order or decision of the board
90-23 assessing the penalty shall be under the substantial evidence rule
90-24 and shall be instituted by filing a petition with a district court
90-25 in Travis County, as provided by Section 19, Administrative
90-26 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
90-27 Civil Statutes), and its subsequent amendments.
91-1 (n) If the penalty is reduced or not assessed by the court,
91-2 the executive director shall remit to the person charged the
91-3 appropriate amount plus accrued interest if the penalty has been
91-4 paid or shall execute a release of the bond if a supersedeas bond
91-5 has been posted. The accrued interest on amounts remitted by the
91-6 executive director under this subsection shall be paid at a rate
91-7 equal to the rate charged on loans to depository institutions by
91-8 the New York Federal Reserve Bank and shall be paid for the period
91-9 beginning on the date the penalty is paid to the executive director
91-10 under Subsection (j) of this section and ending on the date the
91-11 penalty is remitted.
91-12 (o) A penalty collected under this section for a violation
91-13 by a person licensed under this Act shall be deposited in the
91-14 general revenue fund.
91-15 SECTION 5.12. Section 26, Licensed Marriage and Family
91-16 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
91-17 amended to read as follows:
91-18 Sec. 26. Injunction. The board <or department> may
91-19 institute a suit to enjoin the violation of this Act. The suit may
91-20 be brought in Travis County, in the county of the defendant's
91-21 residence, or in the county where any part of the violation
91-22 occurred. A suit brought under this section is in addition to any
91-23 other action, proceeding, or remedy authorized by law. The board
91-24 <or department> shall be represented by the attorney general or the
91-25 appropriate county or district attorney.
91-26 SECTION 5.13. The Licensed Marriage and Family Therapist Act
91-27 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
92-1 adding Section 27A to read as follows:
92-2 Sec. 27A. COMPETITIVE BIDDING; ADVERTISING. (a) The board
92-3 may not adopt rules restricting competitive bidding or advertising
92-4 by a person regulated by the board except to prohibit false,
92-5 misleading, or deceptive practices by the person.
92-6 (b) The board may not include in its rules to prohibit
92-7 false, misleading, or deceptive practices by a person regulated by
92-8 the board a rule that:
92-9 (1) restricts the use of any medium for advertising;
92-10 (2) restricts the person's personal appearance or use
92-11 of the person's voice in an advertisement;
92-12 (3) relates to the size or duration of an
92-13 advertisement by the person; or
92-14 (4) restricts the person's advertisement under a trade
92-15 name.
92-16 ARTICLE 6. TRANSITION; REPEALER; EFFECTIVE DATE; EMERGENCY
92-17 SECTION 6.01. (a) As soon as possible after the effective
92-18 date of this Act, the governor shall appoint the initial members of
92-19 the Texas Board of Examiners of Mental Health Professionals in
92-20 accordance with Article 4512-2, Revised Statutes, as added by this
92-21 Act. In making the initial appointments, the governor shall
92-22 designate members to serve terms as follows:
92-23 (1) one member licensed as a psychologist, one member
92-24 certified as a psychological associate, one member licensed as a
92-25 professional counselor, one member who is a regulated social
92-26 worker, and one public member serve for terms expiring February 1,
92-27 1995;
93-1 (2) one member licensed as a psychologist, one member
93-2 who is a regulated social worker, one member licensed as a marriage
93-3 and family therapist, and two public members serve for terms
93-4 expiring February 1, 1997; and
93-5 (3) one member licensed as a professional counselor,
93-6 one member certified as a psychological associate, one member
93-7 licensed as a marriage and family therapist, and two public members
93-8 serve for terms expiring February 1, 1999.
93-9 (b) The Texas Board of Examiners of Mental Health
93-10 Professionals may not take any action and is not created until the
93-11 day after the date that the last appointee to the initial board
93-12 takes office. On the date of its creation, the board assumes its
93-13 functions and:
93-14 (1) the Texas State Board of Examiners of
93-15 Psychologists, the Texas State Board of Examiners of Professional
93-16 Counselors, the Council for Social Work Certification, and the
93-17 Texas State Board of Examiners of Marriage and Family Therapists
93-18 are abolished;
93-19 (2) the obligations, rights, contracts, records and
93-20 other property, and personnel of, and unspent money appropriated to
93-21 or for, the abolished boards and council are transferred to the
93-22 Texas Board of Examiners of Mental Health Professionals;
93-23 (3) the rules of the abolished boards and council are
93-24 continued in effect as rules of the Texas Board of Examiners of
93-25 Mental Health Professionals until superseded by rule of the new
93-26 board;
93-27 (4) the licenses, certificates, and orders of
94-1 recognition in effect that were issued by one of the abolished
94-2 boards or the abolished council are continued in effect as
94-3 licenses, certificates, and orders of recognition of the Texas
94-4 Board of Examiners of Mental Health Professionals;
94-5 (5) a complaint or investigation pending before one of
94-6 the abolished boards or the abolished council is transferred
94-7 without change in status to the Texas Board of Examiners of Mental
94-8 Health Professionals;
94-9 (6) a contested case pending before one of the
94-10 abolished boards or the abolished council is transferred to the
94-11 State Office of Administrative Hearings, and actions taken in the
94-12 proceeding are treated as if taken by the State Office of
94-13 Administrative Hearings; and
94-14 (7) any reference in a law to one of the abolished
94-15 boards or the abolished council means the Texas Board of Examiners
94-16 of Mental Health Professionals.
94-17 (c) Regardless of the changes in law made by this Act, until
94-18 the date that the Texas State Board of Examiners of Psychologists,
94-19 the Texas State Board of Examiners of Professional Counselors, the
94-20 Council for Social Work Certification, and the Texas State Board of
94-21 Examiners of Marriage and Family Therapists are abolished as
94-22 provided by this section, each board and the council continue in
94-23 existence and shall administer their functions under the law that
94-24 governed the board or council before the effective date of this
94-25 Act, and the prior law is continued in effect for that purpose.
94-26 (d) The Texas Board of Examiners of Mental Health
94-27 Professionals shall adopt rules under this Act not later than
95-1 December 1, 1993.
95-2 SECTION 6.02. The following laws are repealed:
95-3 (1) Sections 4, 4a, 5, 6, 7, 8(c), (f), (g), (k), (l),
95-4 (m), 10, and 26, Psychologists' Certification and Licensing Act
95-5 (Article 4512c, Vernon's Texas Civil Statutes);
95-6 (2) Sections 4, 5, 7, 8, 20, 21, and 22, Licensed
95-7 Professional Counselor Act (Article 4512g, Vernon's Texas Civil
95-8 Statutes);
95-9 (3) Sections 50.004, 50.007, 50.019, and 50.030, Human
95-10 Resources Code; and
95-11 (4) Sections 3, 4, 5, 6, 7, 8, 9, 10, 12(d), and 14,
95-12 Licensed Marriage and Family Therapist Act (Article 4512c-1,
95-13 Vernon's Texas Civil Statutes).
95-14 SECTION 6.03. This Act takes effect September 1, 1993.
95-15 SECTION 6.04. The importance of this legislation and the
95-16 crowded condition of the calendars in both houses create an
95-17 emergency and an imperative public necessity that the
95-18 constitutional rule requiring bills to be read on three several
95-19 days in each house be suspended, and this rule is hereby suspended.