By: Parker S.B. No. 1424
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of psychologists and to the continuation
1-2 of the Texas State Board of Examiners of Psychologists; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (c), Section 4, Psychologists'
1-6 Certification and Licensing Act (Article 4512c, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 (c) Appointments to the Board shall be made without regard
1-9 to the race, color <creed>, disability, sex, religion, age, or
1-10 national origin of the appointees.
1-11 SECTION 2. Section 4a, Psychologists' Certification and
1-12 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
1-13 amended to read as follows:
1-14 Sec. 4a. Sunset provision. The Texas State Board of
1-15 Examiners of Psychologists is subject to Chapter 325, Government
1-16 Code (Texas Sunset Act). Unless continued in existence as provided
1-17 by that chapter, the Board is abolished and this Act expires
1-18 September 1, 2005 <1993>.
1-19 SECTION 3. Subsections (b), (c), (d), (e), (g), and (h),
1-20 Section 5, Psychologists' Certification and Licensing Act (Article
1-21 4512c, Vernon's Texas Civil Statutes), are amended to read as
1-22 follows:
1-23 (b) Four <Six> members must be persons certified as
1-24 psychologists under this Act, who have engaged in independent
2-1 practice, teaching, or research in psychology for a period of at
2-2 least five years. To assure adequate representation of the diverse
2-3 fields of psychology, the governor shall so make his appointments
2-4 that at least two of these members are engaged in rendering
2-5 services in psychology, at least one of these members is engaged in
2-6 research in psychology, and at least one of these members is a
2-7 member of the faculty of a training institution in psychology.
2-8 (c) Two members <One member> must be licensed <certified> as
2-9 <a> psychological associates <associate> under this Act for at
2-10 least five years.
2-11 (d) Three <Two> members must be representatives of the
2-12 general public. A person is not eligible for appointment as a
2-13 public member of the Board if the person or the person's spouse:
2-14 (1) is registered, certified, or licensed by an
2-15 occupational regulatory agency in the field of health services
2-16 <care>;
2-17 (2) is employed by or participates in the management
2-18 of a business entity or other organization regulated by the Board
2-19 or receiving funds from the Board <that provides health-care
2-20 services or that sells, manufactures, or distributes health-care
2-21 supplies or equipment>; <or>
2-22 (3) owns or<,> controls, <or has,> directly or
2-23 indirectly, more than a 10 percent interest in a business entity or
2-24 other organization regulated by the Board or receiving funds from
2-25 the Board; or
2-26 (4) uses or receives a substantial amount of tangible
2-27 goods, services, or funds from the Board, other than compensation
3-1 or reimbursement authorized by law for Board membership,
3-2 attendance, or expenses <that provides health-care services or that
3-3 sells, manufactures, or distributes health-care supplies or
3-4 equipment>.
3-5 (e)(1) It is a ground for removal from the Board if a
3-6 member:
3-7 (A) <(1)> does not have at the time of
3-8 appointment the qualifications required by Subsection (a), (b),
3-9 (c), or (d) of this section <for appointment to the Board>;
3-10 (B) <(2)> does not maintain during the service
3-11 on the Board the qualifications required by Subsection (a), (b),
3-12 (c), or (d) of this section <for appointment to the Board>;
3-13 (C) <(3)> violates a prohibition established by
3-14 Subsection (g) or (h) of this section; <or>
3-15 (D) cannot discharge the member's duties for a
3-16 substantial part of the term for which the member is appointed
3-17 because of illness or disability; or
3-18 (E) is absent from more than half <(4) does not
3-19 attend at least one-half> of the regularly scheduled Board meetings
3-20 that the member is eligible to attend during <held by the Board in>
3-21 a calendar year unless the absence is excused by a majority vote<,
3-22 excluding meetings held while the person was not a member> of the
3-23 Board.
3-24 (2) The validity of an action of the Board is not
3-25 affected by the fact that it is taken when a ground for removal of
3-26 a Board member exists.
3-27 (3) If the executive director has knowledge that a
4-1 potential ground for removal exists, the executive director shall
4-2 notify the governor and the attorney general that a potential
4-3 ground for removal exists.
4-4 (g)(1) An <A member or employee of the Board may not be an>
4-5 officer, employee, or paid consultant of a Texas trade association
4-6 in the <psychology> field of health services may not be a member or
4-7 employee of the Board who is exempt from the state's position
4-8 classification plan or is compensated at or above the amount
4-9 prescribed by the General Appropriations Act for step 1, salary
4-10 group 17, of the position classification salary schedule.
4-11 (2) A person who is the spouse of an officer, manager,
4-12 or paid consultant of a Texas trade association in the field of
4-13 health services may not be a Board member and may not be an
4-14 employee of the Board who is exempt from the state's position
4-15 classification plan or is compensated at or above the amount
4-16 prescribed by the General Appropriations Act for step 1, salary
4-17 group 17, of the position classification salary schedule.
4-18 (3) For the purposes of this subsection, a Texas trade
4-19 association is a nonprofit, cooperative, and voluntarily joined
4-20 association of business or professional competitors in this state
4-21 designed to assist its members and its industry or profession in
4-22 dealing with mutual business or professional problems and in
4-23 promoting their common interest<. A member or employee of the
4-24 Board may not be related within the second degree by affinity or
4-25 within the second degree by consanguinity, as determined under
4-26 Article 5996h, Revised Statutes, to a person who is an officer,
4-27 employee, or paid consultant of a trade association in the
5-1 regulated industry>.
5-2 (h) A person <who is required to register as a lobbyist
5-3 under Chapter 305, Government Code,> may not serve as a member of
5-4 the board or act as the general counsel to the Board if the person
5-5 is required to register as a lobbyist under Chapter 305, Government
5-6 Code, and its subsequent amendments, because of the person's
5-7 activities for compensation on behalf of a profession related to
5-8 the operation of the Board.
5-9 SECTION 4. Section 7, Psychologists' Certification and
5-10 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
5-11 amended to read as follows:
5-12 Sec. 7. Organization and Meetings of the Board. (a) The
5-13 Board shall hold a regular annual meeting at which it shall select
5-14 from its members a chairperson and a vice-chairperson. Other
5-15 regular meetings shall be held at such times as the rules of the
5-16 Board may provide but not less than two times a year. Special
5-17 meetings may be held at such times as may be deemed necessary or
5-18 advisable by the Board or a majority of its members. Reasonable
5-19 notice of all meetings shall be given in the manner prescribed by
5-20 the rules of the Board. A quorum of the Board shall consist of a
5-21 majority of its members.
5-22 (b) The executive director of the Board shall be employed by
5-23 the Board and shall hold that position at the pleasure of the
5-24 Board. The Board may employ such other persons as it deems
5-25 necessary or desirable, including investigators, lawyers,
5-26 consultants, and administrative staff, to carry out the provisions
5-27 of this Act.
6-1 (c) The Board shall develop and implement policies that
6-2 clearly define the respective responsibilities of the Board and the
6-3 staff of the Board.
6-4 (d) The Board shall adopt and have an official seal.
6-5 SECTION 5. Subsections (c), (d), (e), (j), (k), and (l),
6-6 Section 8, Psychologists' Certification and Licensing Act (Article
6-7 4512c, Vernon's Texas Civil Statutes), are amended to read as
6-8 follows:
6-9 (c) The Board shall prepare information of public <consumer>
6-10 interest describing the <regulatory> functions of the Board and
6-11 <describing> the Board's procedures by which <consumer> complaints
6-12 are filed with and resolved by the Board. The Board shall make
6-13 information available to the <general> public and appropriate state
6-14 agencies.
6-15 (d) The Board by rule shall establish methods by which
6-16 consumers and service recipients are notified of <Each written
6-17 contract for services in this state of a licensed or certified
6-18 psychologist must contain> the name, mailing address, and telephone
6-19 number of the Board for the purpose of directing complaints to the
6-20 Board. The Board may provide for that notification:
6-21 (1) on each registration form, application, or written
6-22 contract for services of an individual or entity regulated by the
6-23 Board;
6-24 (2) on a sign prominently displayed in the place of
6-25 business of each individual or entity regulated by the Board; or
6-26 (3) in a bill for service provided by an individual or
6-27 entity regulated by the Board.
7-1 (e) The Board shall list along with its regular telephone
7-2 number the toll-free telephone number that may be called to present
7-3 a complaint about a health professional if the toll-free number is
7-4 established under other state law <There shall at all times be
7-5 prominently displayed in the place of business of each licensee
7-6 regulated under this Act a sign containing the name, mailing
7-7 address, and telephone number of the Board and a statement
7-8 informing consumers that complaints against licensees can be
7-9 directed to the Board>.
7-10 (j) The Board shall establish mandatory <may recognize,
7-11 prepare, or administer> continuing education programs for persons
7-12 regulated by the Board under this Act. The Board by rule shall
7-13 establish a minimum number of hours of continuing education
7-14 required to renew a license or certificate under this Act. The
7-15 Board may assess the continuing education needs of license or
7-16 certificate holders and may require license or certificate holders
7-17 to attend continuing education courses specified by the Board. The
7-18 Board by rule shall develop a process to evaluate and approve
7-19 continuing education courses. The Board shall identify the key
7-20 factors for the competent performance by a license or certificate
7-21 holder of the license or certificate holder's professional duties.
7-22 The Board shall adopt a procedure to assess a license or
7-23 certificate holder's participation in continuing education programs
7-24 <Participation in the programs is voluntary>.
7-25 (k) The executive director or the executive director's
7-26 designee <Board> shall develop an intraagency career ladder
7-27 program<, one part of which shall be the intraagency posting of
8-1 each job opening with the Board in a nonentry-level position>. The
8-2 program shall require intraagency postings of all non-entry-level
8-3 positions concurrently with <posting shall be made at least 10 days
8-4 before> any public posting <is made>.
8-5 (l) The executive director or the executive director's
8-6 designee <Board> shall develop a system of annual performance
8-7 evaluations <of the Board's employees based on measurable job
8-8 tasks>. All <Any> merit pay for Board employees must <authorized
8-9 by the Board shall> be based on the system established under this
8-10 subsection.
8-11 SECTION 6. The Psychologists' Certification and Licensing
8-12 Act (Article 4512c, Vernon's Texas Civil Statutes), is amended by
8-13 adding Sections 8A, 8B, 8C, and 8D to read as follows:
8-14 Sec. 8A. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
8-15 executive director or the executive director's designee shall
8-16 prepare and maintain a written policy statement to ensure
8-17 implementation of a program of equal employment opportunity under
8-18 which all personnel transactions are made without regard to race,
8-19 color, disability, sex, religion, age, or national origin. The
8-20 policy statement must include:
8-21 (1) personnel policies, including policies relating to
8-22 recruitment, evaluation, selection, application, training, and
8-23 promotion of personnel that are in compliance with the Commission
8-24 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
8-25 and its subsequent amendments;
8-26 (2) a comprehensive analysis of the Board work force
8-27 that meets federal and state guidelines;
9-1 (3) procedures by which a determination can be made of
9-2 significant underutilization in the Board work force of all persons
9-3 for whom federal or state guidelines encourage a more equitable
9-4 balance; and
9-5 (4) reasonable methods to appropriately address those
9-6 areas of underutilization.
9-7 (b) A policy statement prepared under Subsection (a) of this
9-8 section must cover an annual period, be updated annually, be
9-9 reviewed by the Commission on Human Rights for compliance with
9-10 Subsection (a)(1) of this section, and be filed with the governor's
9-11 office.
9-12 (c) The governor's office shall deliver a biennial report to
9-13 the legislature based on the information received under Subsection
9-14 (b) of this section. The report may be made separately or as part
9-15 of other biennial reports to the legislature.
9-16 Sec. 8B. PUBLIC PARTICIPATION IN BOARD HEARINGS. The Board
9-17 shall develop and implement policies that provide the public with a
9-18 reasonable opportunity to appear before the Board and to speak on
9-19 any issue under the jurisdiction of the Board.
9-20 Sec. 8C. PROGRAM ACCESSIBILITY. The Board shall prepare and
9-21 maintain a written plan that describes how a person who does not
9-22 speak English can be provided reasonable access to the Board's
9-23 programs. The Board shall also comply with federal and state laws
9-24 for program and facility accessibility.
9-25 Sec. 8D. TRAINING AND GUIDELINES FOR MEMBERS OF THE BOARD.
9-26 (a) The Board shall establish a training program for the members
9-27 of the Board.
10-1 (b) Before a member of the Board may assume the member's
10-2 duties and before the member may be confirmed by the senate, the
10-3 member must complete at least one course of the training program
10-4 established under this section.
10-5 (c) A training program established under this section shall
10-6 provide information to a participant regarding:
10-7 (1) the enabling legislation that created the Board;
10-8 (2) the programs operated by the Board;
10-9 (3) the role and functions of the Board;
10-10 (4) the rules of the Board with an emphasis on the
10-11 rules that relate to disciplinary and investigatory authority;
10-12 (5) the current budget for the Board;
10-13 (6) the results of the most recent formal audit of the
10-14 Board;
10-15 (7) the requirements of the:
10-16 (A) open meetings law, Chapter 271, Acts of the
10-17 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
10-18 Texas Civil Statutes), and its subsequent amendments;
10-19 (B) open records law, Chapter 424, Acts of the
10-20 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
10-21 Texas Civil Statutes), and its subsequent amendments; and
10-22 (C) Administrative Procedure and Texas Register
10-23 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
10-24 subsequent amendments;
10-25 (8) the requirements of the conflict of interest laws
10-26 and other laws relating to public officials; and
10-27 (9) any applicable ethics policies adopted by the
11-1 Board or the Texas Ethics Commission.
11-2 (d) In developing the training requirements provided for in
11-3 this section, the Board shall consult with the governor's office,
11-4 the attorney general's office, and the Texas Ethics Commission.
11-5 (e) In the event that another state agency or entity is
11-6 given the authority to establish the training requirements, the
11-7 Board shall allow that training in lieu of developing its own
11-8 program.
11-9 SECTION 7. Section 9, Psychologists' Certification and
11-10 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
11-11 amended to read as follows:
11-12 Sec. 9. Receipts and Disbursements. All money paid to the
11-13 Board <The executive director of the Board shall receive and
11-14 account for all monies derived> under this Act<. The executive
11-15 director> shall be deposited in the state treasury <pay these
11-16 monies weekly to the State Treasurer who shall keep them in a
11-17 separate fund to be known as the "Psychologists Licensing Fund."
11-18 Monies may be paid out of this fund only by warrant drawn by the
11-19 State Comptroller upon the State Treasurer, upon itemized voucher,
11-20 approved by the chairperson of the Board or the executive director
11-21 of the Board. The financial transactions of the Psychologists
11-22 Licensing Fund are subject to audit by the Auditor of the State of
11-23 Texas in accordance with Chapter 321, Government Code. The
11-24 executive director of the Board shall give a surety bond for the
11-25 faithful performance of his duties to the governor in the sum of
11-26 Ten Thousand Dollars ($10,000.00) or an amount recommended by the
11-27 State Auditor. The premium for this bond shall be paid out of the
12-1 Psychologists Licensing Fund. The Board may make expenditures from
12-2 this fund for any purpose which is reasonably necessary to carry
12-3 out the provisions of this Act, including the advance payment of an
12-4 amount not to exceed 80 percent of the travel expenses of a witness
12-5 called by the Board to testify on the Board's behalf>.
12-6 SECTION 8. Section 10, Psychologists' Certification and
12-7 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
12-8 amended to read as follows:
12-9 Sec. 10. ANNUAL REPORT OF THE BOARD. The <As soon as
12-10 practicable after the close of each fiscal year, the> Board shall
12-11 file annually with <submit a report to> the governor and the
12-12 presiding officer of each House of the Legislature a complete and
12-13 detailed written report accounting for all funds received and
12-14 disbursed by <concerning the work of> the Board during the
12-15 preceding fiscal year. The annual report must be in the form and
12-16 reported in the time provided by the General Appropriations Act.
12-17 SECTION 9. Subsection (d), Section 11, Psychologists'
12-18 Certification and Licensing Act (Article 4512c, Vernon's Texas
12-19 Civil Statutes), is amended to read as follows:
12-20 (d) In addition to the requirements of Subsection (b) or (c)
12-21 of this section, the applicant must meet the following
12-22 qualifications:
12-23 (1) the applicant has attained the age of majority;
12-24 (2) the applicant is of good moral character;
12-25 (3) in the judgment of the Board, the applicant is
12-26 physically and mentally competent to render psychological services
12-27 with reasonable skill and safety and is afflicted with no disease
13-1 or condition, either mental or physical, which would impair
13-2 competency to render psychological services; and
13-3 (4) the applicant:
13-4 (A) has not been convicted of a felony or a
13-5 crime involving moral turpitude;
13-6 (B) does not use drugs or intoxicating liquors to
13-7 an extent that affects the applicant's professional competency;
13-8 (C) has not been guilty of fraud or deceit in
13-9 making the application;
13-10 (D) except as provided by Section 15B of this
13-11 Act, has not aided or abetted a person, not a licensed
13-12 psychologist, in representing that person as a psychologist in this
13-13 state;
13-14 (E) except as provided by Section 15B of this
13-15 Act, has not represented himself or herself to be a psychologist
13-16 licensed in this state at a time he or she was not licensed to
13-17 practice psychology in this state, or practiced psychology in this
13-18 state without a license to practice psychology in this state.<;>
13-19 SECTION 10. Subsection (a), Section 14, Psychologists'
13-20 Certification and Licensing Act (Article 4512c, Vernon's Texas
13-21 Civil Statutes), is amended to read as follows:
13-22 (a) The Board shall administer examinations to qualified
13-23 applicants for certification at least once a year. The Board shall
13-24 have the written portion of the examination, if any, validated by
13-25 an independent testing professional. The Board shall determine the
13-26 subject and scope of the examinations and establish appropriate
13-27 fees for examinations administered. Part of the examinations shall
14-1 test applicant knowledge of the discipline and profession of
14-2 psychology and part shall test applicant knowledge of the laws and
14-3 rules governing the profession of psychology in this state. This
14-4 latter part of the examination is to be known as the Board's
14-5 jurisprudence examination. An applicant who fails his examination
14-6 may be reexamined at intervals specified by the Board upon payment
14-7 of another examination fee corresponding to the examination failed.
14-8 SECTION 11. Section 15A, Psychologists' Certification and
14-9 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
14-10 amended to read as follows:
14-11 Sec. 15A. Endorsement <Reciprocity>. (a) The Board may
14-12 grant a provisional license or certificate to an <An> applicant <is
14-13 entitled to certification or licensure> on submission to the Board
14-14 of an application in the form prescribed by the Board and payment
14-15 of the required application fees if:
14-16 (1) the individual is licensed, certified, or
14-17 registered as a psychologist or psychological associate by another
14-18 state, the District of Columbia, or a commonwealth or territory of
14-19 the United States and is in good standing with the regulatory
14-20 agency of that jurisdiction;
14-21 (2) the requirements for licensing, certification, or
14-22 registration in the other jurisdiction are substantially equal to
14-23 those prescribed by this Act;
14-24 (3) <the individual has engaged in the practice of
14-25 psychology for not less than five years on the date of application
14-26 for certification; and>
14-27 <(4)> the individual has passed a national or other
15-1 <the Board's jurisprudence> examination recognized by the Board
15-2 relating to psychology; and
15-3 (4) the individual is sponsored by a person licensed
15-4 or certified by the Board under this Act with whom the provisional
15-5 license or certificate holder may practice under this section.
15-6 (b) An applicant for a provisional license or certificate
15-7 may be excused from the requirement of Subsection (a)(4) of this
15-8 section if the Board determines that compliance with that
15-9 subsection constitutes a hardship to the applicant.
15-10 (c) A provisional license or certificate is valid until the
15-11 date the Board approves or denies the provisional license or
15-12 certificate holder's application for a license or certificate. The
15-13 Board shall issue a license or certificate under this Act to the
15-14 holder of a provisional license or certificate under this section
15-15 if:
15-16 (1) the provisional license or certificate holder
15-17 passes the examination required by Section 14 of this Act;
15-18 (2) the Board verifies that the provisional license or
15-19 certificate holder has the academic and experience requirements for
15-20 a license or certificate under this Act; and
15-21 (3) the provisional license or certificate holder
15-22 satisfies any other license or certification requirements under
15-23 this Act.
15-24 (d) The Board must complete the processing of a provisional
15-25 license or certificate holder's application for a license or
15-26 certificate not later than the 180th day after the date the
15-27 provisional license or certificate is issued.
16-1 (e) The Board may adopt rules for the provisional
16-2 certification or licensing of an individual who holds a valid
16-3 license or the equivalent from another country.
16-4 SECTION 12. Section 15B, Psychologists' Certification and
16-5 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
16-6 amended to read as follows:
16-7 Sec. 15B. RECIPROCITY <TEMPORARY PERMIT>. The Board may
16-8 enter into and implement agreements for reciprocal licensing with
16-9 other jurisdictions if the requirements for licensing,
16-10 certification, or registration in the other jurisdiction are
16-11 substantially equal to those prescribed by this Act. <(a) An
16-12 applicant for certification or licensure by reciprocity under
16-13 Section 15A of this Act may apply for a temporary permit to
16-14 authorize the applicant to practice psychology in this state.>
16-15 <(b) A person may apply for a temporary permit by completing
16-16 an application and paying a temporary permit fee prescribed by the
16-17 Board.>
16-18 <(c) The board shall adopt rules for the issuance of
16-19 temporary permits.>
16-20 <(d) A temporary permit issued under this section does not
16-21 constitute a vested property right.>
16-22 SECTION 13. Section 16, Psychologists' Certification and
16-23 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
16-24 amended to read as follows:
16-25 Sec. 16. Fees. (a) The <fees shall be fixed by the> Board
16-26 by rule shall establish fees in amounts that are reasonable and
16-27 necessary to produce sufficient revenue to cover the costs of
17-1 administering this Act.
17-2 (b) The fees set by the Board may be adjusted so that the
17-3 total fees collected are sufficient to meet the expenses of
17-4 administering this Act. The Board may not set a fee for an amount
17-5 less than the amount of that fee on September 1, 1993 <The Board
17-6 shall not maintain unnecessary fund balances, and fee amount shall
17-7 be set in accordance with this requirement>.
17-8 SECTION 14. Subsections (b) and (c), Section 17,
17-9 Psychologists' Certification and Licensing Act (Article 4512c,
17-10 Vernon's Texas Civil Statutes), are amended to read as follows:
17-11 (b) <Certificates and licenses will be renewed no less than
17-12 once every two years.> Unless otherwise provided by board rule,
17-13 certificates and licenses expire on December 31st in the
17-14 <appropriate> year following their issuance or renewal and are
17-15 invalid thereafter unless renewed. The Board by rule may adopt a
17-16 system under which certificates or licenses expire on various dates
17-17 during the year. For the year in which the expiration date is
17-18 changed, certification or licensing fees shall be prorated so that
17-19 each certificate or license holder must pay only that portion of
17-20 the fee that is allocable to the number of months during which the
17-21 certificate or license is valid. On renewal of the certificate or
17-22 license on the new expiration date, the full certification or
17-23 licensing fee is payable.
17-24 (c) <The Board shall notify every person certified or
17-25 licensed under this Act of the date of expiration of his
17-26 certificate or license and the amount of the renewal fee.> A
17-27 person may renew an unexpired certificate or license by paying to
18-1 the Board before the expiration date of the certificate or license
18-2 the required renewal fee. If a person's certificate or license has
18-3 been expired for <not longer than> 90 days or less, the person may
18-4 renew the certificate or license by paying to the Board the
18-5 required renewal fee and a fee that is one-half of the examination
18-6 fee for the certificate or license. If a person's certificate or
18-7 license has been expired for longer than 90 days but less than one
18-8 year <two years>, the person may renew the certificate or license
18-9 by paying to the Board all unpaid renewal fees and a fee that is
18-10 equal to the examination fee for the certificate or license. If a
18-11 person's certificate or license has been expired for one year <two
18-12 years> or longer, the person may not renew the certificate or
18-13 license. The person may obtain a new certificate or license by
18-14 submitting to reexamination and complying with the requirements and
18-15 procedures for obtaining an original certificate or license.
18-16 However, the Board may renew without reexamination an expired
18-17 license or certificate of a person who was licensed or certified in
18-18 this state, moved to another state, and is currently licensed or
18-19 certified and has been in practice in the other state for the two
18-20 years preceding application. The person must pay to the Board a
18-21 fee that is equal to the examination fee for the license or
18-22 certificate. At least 30 days before the expiration of a person's
18-23 license or certificate, the Board shall send written notice of the
18-24 impending license or certificate expiration to the person at the
18-25 license or certificate holder's last known address according to the
18-26 records of the Board.
18-27 SECTION 15. Section 19, Psychologists' Certification and
19-1 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
19-2 amended to read as follows:
19-3 Sec. 19. SUB-DOCTORAL LICENSURE <CERTIFICATION>. The Board
19-4 shall set standards for qualification and issue licenses
19-5 <certificates of qualification> for sub-doctoral levels of
19-6 psychological personnel. Standards, qualifications, and other
19-7 rules set by the Board for these personnel must be developed with
19-8 the advice of the Psychological Associate Advisory Committee as
19-9 specified elsewhere in this Act. Sub-doctoral personnel must have
19-10 a master's degree in a program that is primarily psychological in
19-11 nature in an accredited university or college. Sub-doctoral levels
19-12 shall be designated by a title(s) which includes the adjective
19-13 "psychological" followed by a noun such as "associate,"
19-14 "assistant," "examiner," "technician," etc.
19-15 SECTION 16. The Psychologists' Certification and Licensing
19-16 Act (Article 4512c, Vernon's Texas Civil Statutes), is amended by
19-17 adding Section 19A to read as follows:
19-18 Sec. 19A. ADVISORY COMMITTEE. (a) The Psychological
19-19 Associate Advisory Committee is created as an advisory committee to
19-20 the Board. The committee consists of seven members appointed by
19-21 the governor as follows:
19-22 (1) four members who are licensed psychological
19-23 associates;
19-24 (2) one member who is a licensed psychologist; and
19-25 (3) two members who are members of the general public
19-26 who are not licensed in the field of health care. To be eligible
19-27 for appointment as a public member, a person must comply with
20-1 public membership restrictions in Section 5 of this Act.
20-2 (b) Appointments to the committee shall be made without
20-3 regard to the race, color, disability, sex, religion, age, or
20-4 national origin of the appointees.
20-5 (c) A person who is required to register as a lobbyist under
20-6 Chapter 305, Government Code, and its subsequent amendments may not
20-7 serve as a member of the committee.
20-8 (d) It is a ground for removal from the committee if a
20-9 member fails to attend at least one-half of the regularly scheduled
20-10 committee meetings held in a calendar year.
20-11 (e) Members of the advisory committee hold office for
20-12 staggered terms of six years, with two or three members' terms
20-13 expiring February 1 of each odd-numbered year, as appropriate.
20-14 (f) The committee shall select its officers to serve
20-15 one-year terms.
20-16 (g) Each member of the committee is entitled to a per diem
20-17 as set by legislative appropriation for each day that the member
20-18 engages in the business of the committee.
20-19 (h) The advisory committee is subject to the open meetings
20-20 law, Chapter 27, Acts of the 60th Legislature, Regular Session,
20-21 1967 (Article 6252-17, Vernon's Texas Civil Statutes), the open
20-22 records law, Chapter 424, Acts of the 63rd Legislature, Regular
20-23 Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes),
20-24 and the Administrative Procedure and Texas Register Act (Article
20-25 6252-13a, Vernon's Texas Civil Statutes), and any subsequent
20-26 amendments.
20-27 (i) The advisory committee shall develop and recommend rules
21-1 to the Board on the licensing and regulation of psychological
21-2 associates in but not limited to the following areas:
21-3 (1) license qualifications for psychological
21-4 associates;
21-5 (2) supervision requirements for psychological
21-6 associates practicing less than five years;
21-7 (3) scope of practice for psychological associates;
21-8 (4) schedule of disciplinary sanctions required by
21-9 Section 23 of this Act that will apply to psychological
21-10 associates;
21-11 (5) continuing education for psychological associates;
21-12 (6) proportional billing for services rendered by
21-13 licensees with less than five years experience; and
21-14 (7) guidelines, including additional educational
21-15 requirements, for practice with minimal supervision for
21-16 psychological associates with at least five years of experience.
21-17 (j) On receiving the recommendations of the advisory
21-18 committee, the Board must approve or reject the proposed rules. If
21-19 the Board does not approve a rule developed by the advisory
21-20 committee, the Board shall indicate to the advisory committee the
21-21 reasons that the Board did not approve the rule and return the rule
21-22 to the advisory committee for further development.
21-23 SECTION 17. Section 20, Psychologists' Certification and
21-24 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
21-25 amended to read as follows:
21-26 Sec. 20. Representation as <a> Psychologist or<,>
21-27 Psychological Associate<, or Psychologist's Assistant> Prohibited.
22-1 A <After December 31, 1970, no> person may not <shall> represent
22-2 himself as a psychologist or psychological associate within the
22-3 meaning of this Act unless he is certified and registered under the
22-4 provisions of this Act.
22-5 SECTION 18. Section 22, Psychologists' Certification and
22-6 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
22-7 amended by adding Subsection (e) to read as follows:
22-8 Sec. 22. Exemptions. Nothing in this Act shall be construed
22-9 to apply to:
22-10 (a) the activities, services and use of official title on
22-11 the part of a person employed as a psychologist by any: (1)
22-12 governmental agency, (2) public school district, or (3) regionally
22-13 accredited institution of higher education provided such employee
22-14 is performing those duties for which he is employed by such agency,
22-15 district, or institution and within the confines of such agency,
22-16 district, or institution insofar as such activities and services
22-17 are a part of the duties of his office or position as a
22-18 psychologist with such agency, district, or institution; except
22-19 that persons employed as psychologists who offer or provide
22-20 psychological services to the public (other than lecture services)
22-21 for a fee, monetary or otherwise, over and above the salary that
22-22 they receive for the performance of their regular duties, and/or
22-23 persons employed as psychologists by organizations that sell
22-24 psychological services to the public (other than lecture services)
22-25 for a fee, monetary or otherwise must be licensed under the
22-26 provisions of this Act;
22-27 (b) the activities and services of a student, intern or
23-1 resident in psychology, pursuing a course of study in preparation
23-2 for the profession of psychology under qualified supervision in
23-3 recognized training institutions or facilities, if these activities
23-4 and services constitute a part of his supervised course of study,
23-5 provided that such an individual is designated by a title such as
23-6 "psychological intern," "psychological trainee," or others clearly
23-7 indicating such training status;
23-8 (c) the activities and services of members of other
23-9 professional groups licensed, certified, or registered by this
23-10 state, Christian Scientist practitioners who are duly recognized by
23-11 the Church of Christ Scientist as registered and published in the
23-12 Christian Science Journal, or duly ordained religions doing work of
23-13 a psychological nature consistent with their training and
23-14 consistent with any code of ethics of their respective professions,
23-15 provided that they do not represent themselves by any title or in
23-16 any manner prohibited by this Act;
23-17 (d) persons, other than psychologists licensed or certified
23-18 under this Act, who hold themselves out to the public as marriage
23-19 and family therapists or counselors and who provide counseling
23-20 exclusively related to marriage and family concerns and who hold a
23-21 master's or doctoral degree in the area of marriage and family
23-22 therapy from a college or university accredited under a system
23-23 utilized by the Texas College Coordinating Board and who abide by a
23-24 code of ethics recognized by their profession;
23-25 (e) the activities and services of persons employed by or
23-26 working as volunteers for charitable nonprofit organizations for
23-27 the activities and services they provide for that organization or
24-1 under the auspices of the organization, provided that they do not
24-2 represent themselves to be psychologists or describe their services
24-3 by the use of the term "psychological."<.>
24-4 SECTION 19. Section 23, Psychologists' Certification and
24-5 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
24-6 amended to read as follows:
24-7 Sec. 23. Revocation, Cancellation, or Suspension of License
24-8 or Certification; Civil Penalty. (a) The <Texas State> Board <of
24-9 Examiners of Psychologists> shall <have the right to cancel,>
24-10 revoke or<,> suspend a<, or refuse to renew the> license or
24-11 <certification of any psychologist or the> certificate, place on
24-12 probation a person whose license or certificate has been suspended,
24-13 <of any psychological associate> or reprimand a license or
24-14 certificate holder if the license or certificate holder <any
24-15 psychologist upon proof that the psychologist>:
24-16 (1) has been convicted of a felony or of a violation
24-17 of the law involving moral turpitude by any court; the conviction
24-18 of a felony shall be the conviction of any offense which if
24-19 committed within this state would constitute a felony under the
24-20 laws of this state; <or>
24-21 (2) uses drugs or intoxicating liquors to an extent
24-22 that affects his professional competency; <or>
24-23 (3) has been guilty of fraud or deceit in connection
24-24 with his services rendered as a psychologist; <or>
24-25 (4) except as provided by Section 15B of this Act, has
24-26 aided or abetted a person, not a licensed psychologist, in
24-27 representing that person as a psychologist within this state; <or>
25-1 (5) except as provided by Section 15B of this Act, has
25-2 represented himself or herself to be a psychologist licensed in
25-3 this state at a time he or she was not licensed to practice
25-4 psychology in this state, or practiced psychology in this state
25-5 without a license to practice psychology in this state; <or>
25-6 (6) violates a rule adopted <has been guilty of
25-7 unprofessional conduct as defined by the rules established> by the
25-8 Board; or
25-9 (7) violates a provision <for any cause for which the
25-10 Board shall be authorized to take that action by another section>
25-11 of this Act.
25-12 (b) If the Board proposes to refuse a person's application
25-13 for a license or certification, to suspend or revoke a person's
25-14 license or certificate, or to reprimand a person, the person is
25-15 entitled to a hearing before the State Office of Administrative
25-16 Hearings. The Board by rule shall adopt a broad schedule of
25-17 sanctions for violations under this Act. The State Office of
25-18 Administrative Hearings shall use the schedule for any sanction
25-19 imposed as the result of a hearing conducted by that office
25-20 <Board>.
25-21 (c) Proceedings for the refusal, suspension, or revocation
25-22 of a license or certificate or for the reprimand of a person are
25-23 governed by the Administrative Procedure and Texas Register Act, as
25-24 amended (Article 6252-13a, Vernon's Texas Civil Statutes).
25-25 (d) An appeal of an action of the Board is governed by the
25-26 Administrative Procedure and Texas Register Act, as amended
25-27 (Article 6252-13a, Vernon's Texas Civil Statutes). Judicial review
26-1 of an action of the Board shall be conducted under the substantial
26-2 evidence rule.
26-3 (e) A person who violates this Act or a rule or order
26-4 adopted by the Board under this Act is liable to the state for a
26-5 civil penalty of $1,000 for each day of violation. At the request
26-6 of the Board, the attorney general shall bring an action to recover
26-7 a civil penalty authorized under this subsection. A penalty
26-8 collected under this subsection shall be remitted to the
26-9 comptroller for deposit in the general revenue fund.
26-10 (f) In addition to the other disciplinary actions authorized
26-11 by this section, the Board may require that a license or
26-12 certificate holder who violates this Act participate in continuing
26-13 education programs. The Board shall specify the continuing
26-14 education programs that may be attended and the number of hours
26-15 that must be completed by an individual license or certificate
26-16 holder to fulfill the requirements of this subsection.
26-17 (g) If a license or certificate suspension is probated, the
26-18 Board may require the license or certificate holder to:
26-19 (1) report regularly to the Board on matters that are
26-20 the basis of the probation;
26-21 (2) limit practice to the areas prescribed by the
26-22 Board; or
26-23 (3) continue or review continuing professional
26-24 education until the license or certificate holder attains a degree
26-25 of skill satisfactory to the Board in those areas that are the
26-26 basis of the probation. <The Board shall have the right and may,
26-27 upon majority vote, rule that the order revoking, cancelling, or
27-1 suspending the psychologist's license or certification be probated
27-2 so long as the probationer conforms to such orders and rules as the
27-3 Board may set out as the terms of probation. The Board, at the
27-4 time of probation, shall set out the period of time which shall
27-5 constitute the probationary period. Provided further, that the
27-6 Board may at any time while the probationer remains on probation
27-7 hold a hearing, and upon majority vote, rescind the probation and
27-8 enforce the Board's original action in revoking, cancelling, or
27-9 suspending the psychologist's license or certification, the said
27-10 hearing to rescind the probation shall be called by the chairperson
27-11 of the Texas State Board of Examiners of Psychologists who shall
27-12 cause to be issued a notice setting a time and place for the
27-13 hearing and containing the charges or complaints against the
27-14 probationer, said notice to be served on the probationer or the
27-15 probationer's counsel at least ten (10) days prior to the time set
27-16 for the hearing. Service of notice of a board action is effected
27-17 by sending written notice by certified mail to the license holder's
27-18 address of record. At said hearing the respondent shall have the
27-19 right to appear either personally or by counsel or both, to produce
27-20 witnesses or evidence in the behalf of the respondent, to
27-21 cross-examine witnesses, and to have subpoenas issued by the Board.
27-22 The Board shall thereupon determine the charges upon their merits.
27-23 All charges, complaints, notices, orders, records, and publications
27-24 authorized or required by the terms of this Act shall be
27-25 privileged. The order revoking or rescinding the probation shall
27-26 not be subject to review or appeal.>
27-27 <(f) On application, the Board may reissue a certificate or
28-1 a license to a person whose certificate or license has been
28-2 cancelled or revoked. Such an application may not be made before
28-3 the expiration of one year after the date of the cancellation or
28-4 revocation or a period determined by the Board.>
28-5 SECTION 20. The Psychologists' Certification and Licensing
28-6 Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
28-7 adding Section 23A to read as follows:
28-8 Sec. 23A. ADMINISTRATIVE PENALTY. (a) The Board may impose
28-9 an administrative penalty against a person licensed or regulated
28-10 under this Act who violates this Act or a rule or order adopted
28-11 under this Act.
28-12 (b) The penalty for a violation may be in an amount not to
28-13 exceed $1,000. Each day a violation continues or occurs is a
28-14 separate violation for purposes of imposing a penalty.
28-15 (c) The amount of the penalty shall be based on:
28-16 (1) the seriousness of the violation, including the
28-17 nature, circumstances, extent, and gravity of any prohibited acts,
28-18 and the hazard or potential hazard created to the health, safety,
28-19 or economic welfare of the public;
28-20 (2) the economic harm to property or the environment
28-21 caused by the violation;
28-22 (3) the history of previous violations;
28-23 (4) the amount necessary to deter future violations;
28-24 (5) efforts to correct the violation; and
28-25 (6) any other matter that justice may require.
28-26 (d) An executive director who determines that a violation
28-27 has occurred may issue to the Board a report that states the facts
29-1 on which the determination is based and the director's
29-2 recommendation on the imposition of a penalty, including a
29-3 recommendation on the amount of the penalty.
29-4 (e) Within 14 days after the date the report is issued, the
29-5 executive director shall give written notice of the report to the
29-6 person. The notice may be given by certified mail. The notice
29-7 must include a brief summary of the alleged violation and a
29-8 statement of the amount of the recommended penalty and must inform
29-9 the person that the person has a right to a hearing on the
29-10 occurrence of the violation, the amount of the penalty, or both the
29-11 occurrence of the violation and the amount of the penalty.
29-12 (f) Within 20 days after the date the person receives the
29-13 notice, the person in writing may accept the determination and
29-14 recommended penalty of the executive director or may make a written
29-15 request for a hearing on the occurrence of the violation, the
29-16 amount of the penalty, or both the occurrence of the violation and
29-17 the amount of the penalty.
29-18 (g) If the person accepts the determination and recommended
29-19 penalty of the executive director, the Board by order shall approve
29-20 the determination and impose the recommended penalty.
29-21 (h) If the person requests a hearing or fails to respond
29-22 timely to the notice, the executive director shall set a hearing
29-23 and give notice of the hearing to the person. The hearing shall be
29-24 held by an administrative law judge of the State Office of
29-25 Administrative Hearings. The administrative law judge shall make
29-26 findings of fact and conclusions of law and promptly issue to the
29-27 Board a proposal for a decision about the occurrence of the
30-1 violation and the amount of a proposed penalty. Based on the
30-2 findings of fact, conclusions of law, and proposal for a decision,
30-3 the Board by order may find that a violation has occurred and
30-4 impose a penalty or may find that no violation occurred.
30-5 (i) The notice of the Board's order given to the person
30-6 under the Administrative Procedure and Texas Register Act (Article
30-7 6252-13a, Vernon's Texas Civil Statutes) and its subsequent
30-8 amendments must include a statement of the right of the person to
30-9 judicial review of the order.
30-10 (j) Within 30 days after the date the Board's order is final
30-11 as provided by Section 16(c), Administrative Procedure and Texas
30-12 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
30-13 its subsequent amendments, the person shall:
30-14 (1) pay the amount of the penalty;
30-15 (2) pay the amount of the penalty and file a petition
30-16 for judicial review contesting the occurrence of the violation, the
30-17 amount of the penalty, or both the occurrence of the violation and
30-18 the amount of the penalty; or
30-19 (3) without paying the amount of the penalty, file a
30-20 petition for judicial review contesting the occurrence of the
30-21 violation, the amount of the penalty, or both the occurrence of the
30-22 violation and the amount of the penalty.
30-23 (k) Within the 30-day period, a person who acts under
30-24 Subsection (j)(3) of this section may:
30-25 (1) stay enforcement of the penalty by:
30-26 (A) paying the amount of the penalty to the
30-27 court for placement in an escrow account; or
31-1 (B) giving to the court a supersedeas bond
31-2 approved by the court for the amount of the penalty and that is
31-3 effective until all judicial review of the Board's order is final;
31-4 or
31-5 (2) request the court to stay enforcement of the
31-6 penalty by:
31-7 (A) filing with the court a sworn affidavit of
31-8 the person stating that the person is financially unable to pay the
31-9 amount of the penalty and is financially unable to give the
31-10 supersedeas bond; and
31-11 (B) giving a copy of the affidavit to the
31-12 executive director by certified mail.
31-13 (l) An executive director who receives a copy of an
31-14 affidavit under Subsection (k)(2) of this section may file, with
31-15 the court within five days after the date the copy is received, a
31-16 contest to the affidavit. The court shall hold a hearing on the
31-17 facts alleged in the affidavit as soon as practicable and shall
31-18 stay the enforcement of the penalty on finding that the alleged
31-19 facts are true. The person who files an affidavit has the burden
31-20 of proving that the person is financially unable to pay the amount
31-21 of the penalty and to give a supersedeas bond.
31-22 (m) If the person does not pay the amount of the penalty and
31-23 the enforcement of the penalty is not stayed, the executive
31-24 director may refer the matter to the attorney general for
31-25 collection of the amount of the penalty.
31-26 (n) Judicial review of the order of the Board:
31-27 (1) is instituted by filing a petition as provided by
32-1 Section 19, Administrative Procedure and Texas Register Act
32-2 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
32-3 subsequent amendments; and
32-4 (2) is under the substantial evidence rule.
32-5 (o) If the court sustains the occurrence of the violation,
32-6 the court may uphold or reduce the amount of the penalty and order
32-7 the person to pay the full or reduced amount of the penalty. If
32-8 the court does not sustain the occurrence of the violation, the
32-9 court shall order that no penalty is owed.
32-10 (p) When the judgment of the court becomes final, the court
32-11 shall proceed under this subsection. If the person paid the amount
32-12 of the penalty and if that amount is reduced or is not upheld by
32-13 the court, the court shall order that the appropriate amount plus
32-14 accrued interest be remitted to the person. The rate of the
32-15 interest is the rate charged on loans to depository institutions by
32-16 the New York Federal Reserve Bank, and the interest shall be paid
32-17 for the period beginning on the date the penalty was paid and
32-18 ending on the date the penalty is remitted. If the person gave a
32-19 supersedeas bond and if the amount of the penalty is not upheld by
32-20 the court, the court shall order the release of the bond. If the
32-21 person gave a supersedeas bond and if the amount of the penalty is
32-22 reduced, the court shall order the release of the bond after the
32-23 person pays the amount.
32-24 (q) A penalty collected under this section shall be remitted
32-25 to the comptroller for deposit in the general revenue fund.
32-26 (r) All proceedings under this section are subject to the
32-27 Administrative Procedure and Texas Register Act (Article 6252-13a,
33-1 Vernon's Texas Civil Statutes) and its subsequent amendments.
33-2 SECTION 21. The Psychologists' Certification and Licensing
33-3 Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
33-4 adding Section 23B to read as follows:
33-5 Sec. 23B. TEMPORARY SUSPENSION. (a) An executive committee
33-6 of the Board, consisting of the presiding officer of the Board and
33-7 two other Board members appointed by the presiding officer, may
33-8 temporarily suspend the license or certificate of a license or
33-9 certificate holder under this Act if the executive committee
33-10 determines from the evidence or information presented to the
33-11 committee that the continued practice by the license or certificate
33-12 holder constitutes a continuing or imminent threat to the public
33-13 welfare.
33-14 (b) A temporary suspension authorized under Subsection (a)
33-15 of this section may also be ordered on a majority vote of the
33-16 Board.
33-17 (c) A license or certificate temporarily suspended under
33-18 this section may be suspended without notice or hearing if, at the
33-19 time the suspension is ordered, a hearing on whether disciplinary
33-20 proceedings under this Act should be initiated against the license
33-21 or certificate holder is scheduled to be held not later than the
33-22 14th day after the date of the suspension. A second hearing on the
33-23 suspended license or certificate shall be held not later than the
33-24 60th day after the date the suspension was ordered. If the second
33-25 hearing is not held in the time required by this subsection, the
33-26 suspended license or certificate is automatically reinstated.
33-27 (d) The Board by rule shall adopt procedures for the
34-1 temporary suspension of a license or certificate under this
34-2 section.
34-3 SECTION 22. Section 24, Psychologists' Certification and
34-4 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
34-5 amended to read as follows:
34-6 Sec. 24. Injunctions. The <Texas State> Board <of Examiners
34-7 of Psychologists> shall have the right to institute an action in
34-8 its own name to enjoin the violation of any provisions of this Act.
34-9 Said action for injunction shall be in addition to any other
34-10 action, proceeding or remedy authorized by law. The <Texas State>
34-11 Board <of Examiners of Psychologists> shall be represented by the
34-12 Attorney General or <and/or> the County or District Attorneys of
34-13 this state.
34-14 SECTION 23. Section 25, Psychologists' Certification and
34-15 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
34-16 amended to read as follows:
34-17 Sec. 25. Violations. Any person who<, after December 31,
34-18 1970,> represents himself to be a psychologist within this state
34-19 without being certified or licensed or exempted in accordance with
34-20 the provisions of this Act is guilty of a misdemeanor and, upon
34-21 conviction, shall be punished by a fine not less than Fifty Dollars
34-22 ($50.00) nor more than Five Hundred Dollars ($500.00), and by
34-23 imprisonment in county jail for not more than thirty (30) days.
34-24 Each day of violation is a separate offense.
34-25 SECTION 24. The Psychologists' Certification and Licensing
34-26 Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
34-27 adding Sections 25A, 25B, 25C, and 25D to read as follows:
35-1 Sec. 25A. COMPLAINT PROCEDURE IN GENERAL. (a) The Board
35-2 shall keep an information file about each complaint filed with the
35-3 Board. The Board's information file shall be kept current and
35-4 contain a record for each complaint of:
35-5 (1) all persons contacted in relation to the
35-6 complaint;
35-7 (2) a summary of findings made at each step of the
35-8 complaint process;
35-9 (3) an explanation of the legal basis and reason for a
35-10 complaint that is dismissed; and
35-11 (4) other relevant information.
35-12 (b) If a written complaint is filed with the Board that the
35-13 Board has authority to resolve, the Board, at least as frequently
35-14 as quarterly and until final disposition of the complaint, shall
35-15 notify the parties to the complaint of the status of the complaint
35-16 unless the notice would jeopardize an undercover investigation.
35-17 (c) The Board by rule shall adopt a form to standardize
35-18 information concerning complaints made to the Board. The Board by
35-19 rule shall prescribe information to be provided to a person when
35-20 the person files a complaint with the Board.
35-21 (d) The Board shall provide reasonable assistance to a
35-22 person who wishes to file a complaint with the Board.
35-23 Sec. 25B. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
35-24 Board shall adopt rules concerning the investigation of a complaint
35-25 filed with the Board. The rules adopted under this subsection
35-26 shall:
35-27 (1) distinguish between categories of complaints;
36-1 (2) ensure that complaints are not dismissed without
36-2 appropriate consideration;
36-3 (3) require that the Board be advised of a complaint
36-4 that is dismissed and that a letter be sent to the person who filed
36-5 the complaint explaining the action taken on the dismissed
36-6 complaint;
36-7 (4) ensure that the person who filed the complaint has
36-8 an opportunity to explain the allegations made in the complaint;
36-9 and
36-10 (5) prescribe guidelines concerning the categories of
36-11 complaints that require the use of a private investigator and the
36-12 procedures for the Board to obtain the services of a private
36-13 investigator.
36-14 (b) The Board shall dispose of all complaints in a timely
36-15 manner. The Board shall establish a schedule for conducting each
36-16 phase of a complaint that is under the control of the Board not
36-17 later than the 30th day after the date the complaint is received by
36-18 the Board. The schedule shall be kept in the information file for
36-19 the complaint, and all parties shall be notified of the projected
36-20 time requirements for pursuing the complaint. A change in the
36-21 schedule must be noted in the complaint information file, and all
36-22 parties to the complaint must be notified not later than the
36-23 seventh day after the date the change is made.
36-24 (c) The executive director of the Board shall notify the
36-25 Board of a complaint that extends beyond the time prescribed by the
36-26 Board for resolving the complaint so that the Board may take
36-27 necessary action on the complaint.
37-1 Sec. 25C. INFORMAL PROCEEDINGS. (a) The Board by rule
37-2 shall adopt procedures governing:
37-3 (1) informal disposition of a contested case under
37-4 Section 13(e), Administrative Procedure and Texas Register Act
37-5 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
37-6 subsequent amendments; and
37-7 (2) informal proceedings held in compliance with
37-8 Section 18(c), Administrative Procedure and Texas Register Act
37-9 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
37-10 subsequent amendments.
37-11 (b) Rules adopted under this section must provide the
37-12 complainant and the license or certificate holder an opportunity to
37-13 be heard and must require the presence of an attorney to advise the
37-14 Board or the Board's employees. The attorney must be a member of
37-15 the Board's legal staff, if the Board has a legal staff. If the
37-16 Board does not have a legal staff, the attorney must be a member of
37-17 the office of the attorney general.
37-18 Sec. 25D. MONITORING OF LICENSE OR CERTIFICATE HOLDER. The
37-19 Board by rule shall develop a system for monitoring license or
37-20 certificate holders' compliance with the requirements of this Act.
37-21 Rules adopted under this section shall include procedures for
37-22 monitoring a license or certificate holder who is ordered by the
37-23 Board to perform certain acts to ascertain that the license or
37-24 certificate holder performs the required acts and to identify and
37-25 monitor license or certificate holders who represent a risk to the
37-26 public.
37-27 SECTION 25. (a) The changes in law made by this Act
38-1 relating to an administrative or civil penalty that may be imposed
38-2 apply only to a violation of the Psychologists' Certification and
38-3 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes) or a
38-4 rule or order adopted by the Texas State Board of Examiners of
38-5 Psychologists that occurs on or after the effective date of this
38-6 Act. A violation occurs on or after the effective date of this Act
38-7 only if each element of the violation occurs on or after that date.
38-8 A violation that occurs before the effective date of this Act is
38-9 governed by the law in effect on the date the violation occurred,
38-10 and the former law is continued in effect for this purpose.
38-11 (b) As the terms of members of the Texas State Board of
38-12 Examiners of Psychologists expire or as a vacancy occurs on the
38-13 board, the governor shall appoint members to the board to achieve,
38-14 as soon as possible, the membership plan prescribed for the board
38-15 by this Act.
38-16 (c) The changes in law made by this Act in the
38-17 qualifications of members of the Texas State Board of Examiners of
38-18 Psychologists do not affect the entitlement of a member appointed
38-19 before September 1, 1993, to continue to hold office on the board
38-20 for the term for which the member was appointed. The changes in
38-21 the qualifications apply only to a member appointed on or after
38-22 September 1, 1993.
38-23 SECTION 26. (a) As soon as possible after the effective
38-24 date of this Act, the governor shall appoint the initial members of
38-25 the Psychological Associate Advisory Committee in accordance with
38-26 the requirements of this Act. In making the initial appointments,
38-27 the governor shall designate members to serve terms as follows:
39-1 (1) one psychological associate and one public member
39-2 serve for terms expiring February 1, 1995;
39-3 (2) two psychological associates serve for terms
39-4 expiring February 1, 1997; and
39-5 (3) one psychological associate, the licensed
39-6 psychologist, and one public member serve for terms expiring
39-7 February 1, 1999.
39-8 (b) The Psychological Associate Advisory Committee shall
39-9 develop proposed rules for the consideration of the Texas State
39-10 Board of Examiners of Psychologists by February 1, 1994. The board
39-11 shall adopt rules relating to the licensure of psychological
39-12 associates by September 1, 1994.
39-13 (c) Until the rules recommended by the Psychological
39-14 Associate Advisory Committee are finally adopted by the Texas State
39-15 Board of Examiners of Psychologists, persons shall continue to be
39-16 certified as psychological associates according to the laws and
39-17 rules in effect as of August 31, 1993.
39-18 (d) Persons certified by the Texas State Board of Examiners
39-19 of Psychologists as psychological associates prior to the final
39-20 adoption of rules concerning the licensure of psychological
39-21 associates shall be issued a license as a psychological associate
39-22 without having to meet any new requirements of the board.
39-23 SECTION 27. Section 26, Psychologists' Certification and
39-24 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
39-25 repealed.
39-26 SECTION 28. This Act takes effect September 1, 1993.
39-27 SECTION 29. The importance of this legislation and the
40-1 crowded condition of the calendars in both houses create an
40-2 emergency and an imperative public necessity that the
40-3 constitutional rule requiring bills to be read on three several
40-4 days in each house be suspended, and this rule is hereby suspended.