By Parker S.B. No. 1424
Substitute the following for S.B. No. 1424:
By Berlanga C.S.S.B. No. 1424
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of psychologists and to the continuation
1-3 of the Texas State Board of Examiners of Psychologists; providing
1-4 penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 2(c), Psychologists' Certification and
1-7 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
1-8 amended to read as follows:
1-9 (c) The term "psychological services," means acts or
1-10 behaviors coming within the purview of the practice of psychology.
1-11 The practice of psychology is an offering to the public or
1-12 rendering to individuals or groups any service, including
1-13 computerized procedures, that involves but is not restricted to the
1-14 application of established principles, methods, and procedures of
1-15 describing, explaining, and ameliorating behavior. The practice of
1-16 psychology addresses normal behavior and the evaluation,
1-17 prevention, and remediation of psychological, emotional, mental,
1-18 interpersonal, learning, and behavioral disorders of individuals
1-19 and groups, as well as the psychological concomitants of medical
1-20 problems, organizational structures, stress, and health. The
1-21 practice of psychology includes the use of projective techniques,
1-22 neuropsychological testing, counseling, career counseling,
1-23 psychotherapy, hypnosis for health care purposes, hypnotherapy, and
1-24 biofeedback and the evaluation and treatment of mental or emotional
2-1 disorders and disabilities. The practice of psychology is based
2-2 on a systematic body of knowledge and principles acquired in an
2-3 organized program of graduate study and on the standards of ethics
2-4 established by the profession.
2-5 SECTION 2. Section 4(c), Psychologists' Certification and
2-6 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
2-7 amended to read as follows:
2-8 (c) Appointments to the Board shall be made without regard
2-9 to the race, ethnicity <creed>, disability, sex, sexual
2-10 orientation, religion, age, socioeconomic status, or national
2-11 origin of the appointees.
2-12 SECTION 3. Section 4a, Psychologists' Certification and
2-13 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
2-14 amended to read as follows:
2-15 Sec. 4a. Sunset provision. The Texas State Board of
2-16 Examiners of Psychologists is subject to Chapter 325, Government
2-17 Code (Texas Sunset Act). Unless continued in existence as provided
2-18 by that chapter, the Board is abolished and this Act expires
2-19 September 1, 2005 <1993>.
2-20 SECTION 4. Sections 5(b), (c), (d), (e), (g), and (h),
2-21 Psychologists' Certification and Licensing Act (Article 4512c,
2-22 Vernon's Texas Civil Statutes), are amended to read as follows:
2-23 (b) Four <Six> members must be persons licensed or certified
2-24 as psychologists under this Act, who have engaged in independent
2-25 practice, teaching, or research in psychology for a period of at
2-26 least five years. To assure adequate representation of the diverse
2-27 fields of psychology, the governor shall so make his appointments
3-1 that at least two of these members are engaged in rendering
3-2 services in psychology, at least one of these members is engaged in
3-3 research in psychology, and at least one of these members is a
3-4 member of the faculty of a training institution in psychology.
3-5 (c) Two members <One member> must be licensed <certified> as
3-6 <a> psychological associates <associate> under this Act for at
3-7 least five years.
3-8 (d) Three <Two> members must be representatives of the
3-9 general public. A person is not eligible for appointment as a
3-10 public member of the Board if the person or the person's spouse:
3-11 (1) is registered, certified, or licensed by an
3-12 occupational regulatory agency in the field of health services
3-13 <care>;
3-14 (2) is employed by or participates in the management
3-15 of a business entity or other organization regulated by the Board
3-16 or receiving funds from the Board <that provides health-care
3-17 services or that sells, manufactures, or distributes health-care
3-18 supplies or equipment>; <or>
3-19 (3) owns or<,> controls, <or has,> directly or
3-20 indirectly, more than a 10 percent interest in a business entity or
3-21 other organization regulated by the Board or receiving funds from
3-22 the Board; or
3-23 (4) uses or receives a substantial amount of tangible
3-24 goods, services, or funds from the Board, other than compensation
3-25 or reimbursement authorized by law for Board membership,
3-26 attendance, or expenses <that provides health-care services or that
3-27 sells, manufactures, or distributes health-care supplies or
4-1 equipment>.
4-2 (e)(1) It is a ground for removal from the Board if a
4-3 member:
4-4 (A) <(1)> does not have at the time of
4-5 appointment the qualifications required by Subsection (a), (b),
4-6 (c), or (d) of this section <for appointment to the Board>;
4-7 (B) <(2)> does not maintain during the service
4-8 on the Board the qualifications required by Subsection (a), (b),
4-9 (c), or (d) of this section <for appointment to the Board>;
4-10 (C) <(3)> violates a prohibition established by
4-11 Subsection (g) or (h) of this section; <or>
4-12 (D) cannot discharge the member's duties for a
4-13 substantial part of the term for which the member is appointed
4-14 because of illness or disability; or
4-15 (E) is absent from more than half <(4) does not
4-16 attend at least one-half> of the regularly scheduled Board meetings
4-17 that the member is eligible to attend during <held by the Board in>
4-18 a calendar year unless the absence is excused by a majority vote<,
4-19 excluding meetings held while the person was not a member> of the
4-20 Board.
4-21 (2) The validity of an action of the Board is not
4-22 affected by the fact that it is taken when a ground for removal of
4-23 a Board member exists.
4-24 (3) If the executive director has knowledge that a
4-25 potential ground for removal exists, the executive director shall
4-26 notify the governor and the attorney general that a potential
4-27 ground for removal exists.
5-1 (g)(1) An <A member or employee of the Board may not be an>
5-2 officer, employee, or paid consultant of a Texas trade association
5-3 in the <psychology> field of health services may not be a member or
5-4 employee of the Board who is exempt from the state's position
5-5 classification plan or is compensated at or above the amount
5-6 prescribed by the General Appropriations Act for step 1, salary
5-7 group 17, of the position classification salary schedule.
5-8 (2) A person who is the spouse of an officer, manager,
5-9 or paid consultant of a Texas trade association in the field of
5-10 health services may not be a Board member and may not be an
5-11 employee of the Board who is exempt from the state's position
5-12 classification plan or is compensated at or above the amount
5-13 prescribed by the General Appropriations Act for step 1, salary
5-14 group 17, of the position classification salary schedule.
5-15 (3) For the purposes of this subsection, a Texas trade
5-16 association is a nonprofit, cooperative, and voluntarily joined
5-17 association of business or professional competitors in this state
5-18 designed to assist its members and its industry or profession in
5-19 dealing with mutual business or professional problems and in
5-20 promoting their common interest<. A member or employee of the
5-21 Board may not be related within the second degree by affinity or
5-22 within the second degree by consanguinity, as determined under
5-23 Article 5996h, Revised Statutes, to a person who is an officer,
5-24 employee, or paid consultant of a trade association in the
5-25 regulated industry>.
5-26 (h) A person <who is required to register as a lobbyist
5-27 under Chapter 305, Government Code,> may not serve as a member of
6-1 the board or act as the general counsel to the Board if the person
6-2 is required to register as a lobbyist under Chapter 305, Government
6-3 Code, and its subsequent amendments, because of the person's
6-4 activities for compensation on behalf of a profession related to
6-5 the operation of the Board.
6-6 SECTION 5. Section 7, Psychologists' Certification and
6-7 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
6-8 amended to read as follows:
6-9 Sec. 7. Organization and Meetings of the Board. (a) The
6-10 Board shall hold a regular annual meeting at which it shall select
6-11 from its members a chairperson and a vice-chairperson. Other
6-12 regular meetings shall be held at such times as the rules of the
6-13 Board may provide but not less than two times a year. Special
6-14 meetings may be held at such times as may be deemed necessary or
6-15 advisable by the Board or a majority of its members. Reasonable
6-16 notice of all meetings shall be given in the manner prescribed by
6-17 the rules of the Board. A quorum of the Board shall consist of a
6-18 majority of its members.
6-19 (b) The executive director of the Board shall be employed by
6-20 the Board and shall hold that position at the pleasure of the
6-21 Board. The Board may employ such other persons as it deems
6-22 necessary or desirable, including investigators, lawyers,
6-23 consultants, and administrative staff, to carry out the provisions
6-24 of this Act.
6-25 (c) The Board shall develop and implement policies that
6-26 clearly define the respective responsibilities of the Board and the
6-27 staff of the Board.
7-1 (d) The Board shall adopt and have an official seal.
7-2 SECTION 6. Sections 8(c), (d), (e), (j), (k), and (l),
7-3 Psychologists' Certification and Licensing Act (Article 4512c,
7-4 Vernon's Texas Civil Statutes), are amended to read as follows:
7-5 (c) The Board shall prepare information of public <consumer>
7-6 interest describing the <regulatory> functions of the Board and
7-7 <describing> the Board's procedures by which <consumer> complaints
7-8 are filed with and resolved by the Board. The Board shall make
7-9 information available to the <general> public and appropriate state
7-10 agencies.
7-11 (d) The Board by rule shall establish methods by which
7-12 consumers and service recipients are notified of <Each written
7-13 contract for services in this state of a licensed or certified
7-14 psychologist must contain> the name, mailing address, and telephone
7-15 number of the Board for the purpose of directing complaints to the
7-16 Board. The Board may provide for that notification:
7-17 (1) on each registration form, application, or written
7-18 contract for services of an individual or entity regulated by the
7-19 Board;
7-20 (2) on a sign prominently displayed in the place of
7-21 business of each individual or entity regulated by the Board; or
7-22 (3) in a bill for service provided by an individual or
7-23 entity regulated by the Board.
7-24 (e) The Board shall list along with its regular telephone
7-25 number the toll-free telephone number that may be called to present
7-26 a complaint about a health professional if the toll-free number is
7-27 established under other state law <There shall at all times be
8-1 prominently displayed in the place of business of each licensee
8-2 regulated under this Act a sign containing the name, mailing
8-3 address, and telephone number of the Board and a statement
8-4 informing consumers that complaints against licensees can be
8-5 directed to the Board>.
8-6 (j) The Board shall establish mandatory <may recognize,
8-7 prepare, or administer> continuing education programs for persons
8-8 regulated by the Board under this Act. The Board by rule shall
8-9 establish a minimum number of hours of continuing education
8-10 required to renew a license or certificate under this Act. The
8-11 Board may assess the continuing education needs of license or
8-12 certificate holders and may require license or certificate holders
8-13 to attend continuing education courses specified by the Board. The
8-14 Board by rule shall develop a process to evaluate and approve
8-15 continuing education courses. The Board shall identify the key
8-16 factors for the competent performance by a license or certificate
8-17 holder of the license or certificate holder's professional duties.
8-18 The Board shall adopt a procedure to assess a license or
8-19 certificate holder's participation in continuing education programs
8-20 <Participation in the programs is voluntary>.
8-21 (k) The executive director or the executive director's
8-22 designee <Board> shall develop an intraagency career ladder
8-23 program<, one part of which shall be the intraagency posting of
8-24 each job opening with the Board in a nonentry level position>. The
8-25 program shall require intraagency postings of all nonentry level
8-26 positions concurrently with <posting shall be made at least 10 days
8-27 before> any public posting <is made>.
9-1 (l) The executive director or the executive director's
9-2 designee <Board> shall develop a system of annual performance
9-3 evaluations <of the Board's employees based on measurable job
9-4 tasks>. All <Any> merit pay for Board employees must <authorized
9-5 by the Board shall> be based on the system established under this
9-6 subsection.
9-7 SECTION 7. The Psychologists' Certification and Licensing
9-8 Act (Article 4512c, Vernon's Texas Civil Statutes), is amended by
9-9 adding Sections 8A, 8B, 8C, and 8D to read as follows:
9-10 Sec. 8A. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
9-11 executive director or the executive director's designee shall
9-12 prepare and maintain a written policy statement to ensure
9-13 implementation of a program of equal employment opportunity under
9-14 which all personnel transactions are made without regard to race,
9-15 color, disability, sex, religion, age, or national origin. The
9-16 policy statement must include:
9-17 (1) personnel policies, including policies relating to
9-18 recruitment, evaluation, selection, application, training, and
9-19 promotion of personnel that are in compliance with the Commission
9-20 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
9-21 and its subsequent amendments;
9-22 (2) a comprehensive analysis of the Board work force
9-23 that meets federal and state guidelines;
9-24 (3) procedures by which a determination can be made of
9-25 significant underuse in the Board work force of all persons for
9-26 whom federal or state guidelines encourage a more equitable
9-27 balance; and
10-1 (4) reasonable methods to appropriately address those
10-2 areas of underuse.
10-3 (b) A policy statement prepared under Subsection (a) of this
10-4 section must cover an annual period, be updated annually, be
10-5 reviewed by the Commission on Human Rights for compliance with
10-6 Subsection (a)(1) of this section, and be filed with the governor's
10-7 office.
10-8 (c) The governor's office shall deliver a biennial report to
10-9 the legislature based on the information received under Subsection
10-10 (b) of this section. The report may be made separately or as part
10-11 of other biennial reports to the legislature.
10-12 Sec. 8B. PUBLIC PARTICIPATION IN BOARD HEARINGS. The Board
10-13 shall develop and implement policies that provide the public with a
10-14 reasonable opportunity to appear before the Board and to speak on
10-15 any issue under the jurisdiction of the Board.
10-16 Sec. 8C. PROGRAM ACCESSIBILITY. The Board shall prepare and
10-17 maintain a written plan that describes how a person who does not
10-18 speak English can be provided reasonable access to the Board's
10-19 programs. The Board shall also comply with federal and state laws
10-20 for program and facility accessibility.
10-21 Sec. 8D. TRAINING AND GUIDELINES FOR MEMBERS OF THE BOARD.
10-22 (a) The Board shall establish a training program for the members
10-23 of the Board.
10-24 (b) Before a member of the Board may assume the member's
10-25 duties and before the member may be confirmed by the senate, the
10-26 member must complete at least one course of the training program
10-27 established under this section.
11-1 (c) A training program established under this section shall
11-2 provide information to a participant regarding:
11-3 (1) the enabling legislation that created the Board to
11-4 which the member is appointed;
11-5 (2) the programs operated by the Board;
11-6 (3) the role and functions of the Board;
11-7 (4) the rules of the Board with an emphasis on the
11-8 rules that relate to disciplinary and investigatory authority;
11-9 (5) the current budget for the Board;
11-10 (6) the results of the most recent formal audit of the
11-11 Board;
11-12 (7) the requirements of the:
11-13 (A) open meetings law, Chapter 271, Acts of the
11-14 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
11-15 Texas Civil Statutes);
11-16 (B) open records law, Chapter 424, Acts of the
11-17 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
11-18 Texas Civil Statutes); and
11-19 (C) Administrative Procedure and Texas Register
11-20 Act (Article 6252-13a, Vernon's Texas Civil Statutes);
11-21 (8) the requirements of the conflict of interest laws
11-22 and other laws relating to public officials; and
11-23 (9) any applicable ethics policies adopted by the
11-24 Board or the Texas Ethics Commission.
11-25 (d) In developing the training requirements provided for in
11-26 this section, the Board shall consult with the governor's office,
11-27 attorney general's office, and Texas Ethics Commission.
12-1 (e) If another state agency or entity is given the authority
12-2 to establish the training requirements, the Board shall allow that
12-3 training in lieu of developing the Board's program.
12-4 SECTION 8. Section 9, Psychologists' Certification and
12-5 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
12-6 amended to read as follows:
12-7 Sec. 9. Receipts and Disbursements. All money paid to the
12-8 Board <The executive director of the Board shall receive and
12-9 account for all monies derived> under this Act<. The executive
12-10 director> shall be deposited in the state treasury <pay these
12-11 monies weekly to the State Treasurer who shall keep them in a
12-12 separate fund to be known as the "Psychologists Licensing Fund."
12-13 Monies may be paid out of this fund only by warrant drawn by the
12-14 State Comptroller upon the State Treasurer, upon itemized voucher,
12-15 approved by the chairperson of the Board or the executive director
12-16 of the Board. The financial transactions of the Psychologists
12-17 Licensing Fund are subject to audit by the Auditor of the State of
12-18 Texas in accordance with Chapter 321, Government Code. The
12-19 executive director of the Board shall give a surety bond for the
12-20 faithful performance of his duties to the governor in the sum of
12-21 Ten Thousand Dollars ($10,000.00) or an amount recommended by the
12-22 State Auditor. The premium for this bond shall be paid out of the
12-23 Psychologists Licensing Fund. The Board may make expenditures from
12-24 this fund for any purpose which is reasonably necessary to carry
12-25 out the provisions of this Act, including the advance payment of an
12-26 amount not to exceed 80 percent of the travel expenses of a witness
12-27 called by the Board to testify on the Board's behalf>.
13-1 SECTION 9. Section 10, Psychologists' Certification and
13-2 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
13-3 amended to read as follows:
13-4 Sec. 10. ANNUAL REPORT OF THE BOARD. The <As soon as
13-5 practicable after the close of each fiscal year, the> Board shall
13-6 file annually with <submit a report to> the governor and the
13-7 presiding officer of each House of the Legislature a complete and
13-8 detailed written report accounting for all funds received and
13-9 disbursed by <concerning the work of> the Board during the
13-10 preceding fiscal year. The annual report must be in the form and
13-11 reported in the time provided by the General Appropriations Act.
13-12 SECTION 10. Section 11, Psychologists' Certification and
13-13 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
13-14 amended by amending Subsection (d) and adding Subsection (e) to
13-15 read as follows:
13-16 (d) In addition to the requirements of Subsection (b) or (c)
13-17 of this section, the applicant must meet the following
13-18 qualifications:
13-19 (1) the applicant has attained the age of majority;
13-20 (2) the applicant is of good moral character;
13-21 (3) in the judgment of the Board, the applicant is
13-22 physically and mentally competent to render psychological services
13-23 with reasonable skill and safety and is afflicted with no disease
13-24 or condition, either mental or physical, which would impair
13-25 competency to render psychological services; and
13-26 (4) the applicant:
13-27 (A) has not been convicted of a felony or a
14-1 crime involving moral turpitude;
14-2 (B) does not use drugs or intoxicating liquors to
14-3 an extent that affects the applicant's professional competency;
14-4 (C) has not been guilty of fraud or deceit in
14-5 making the application;
14-6 (D) except as provided by Section 15B of this
14-7 Act, has not aided or abetted a person, not a licensed
14-8 psychologist, in representing that person as a psychologist in this
14-9 state;
14-10 (E) except as provided by Section 15B of this
14-11 Act, has not represented himself or herself to be a psychologist
14-12 licensed in this state at a time he or she was not licensed to
14-13 practice psychology in this state, or practiced psychology in this
14-14 state without a license to practice psychology in this state.<;>
14-15 (e) Approval of an applicant to take the examination for
14-16 certification shall be made without regard to the age, sex, race,
14-17 ethnicity, national origin, religion, sexual orientation,
14-18 disability, or socioeconomic status of the applicant.
14-19 SECTION 11. Section 14(a), Psychologists' Certification and
14-20 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
14-21 amended to read as follows:
14-22 (a) The Board shall administer examinations to qualified
14-23 applicants for certification at least once a year. The Board shall
14-24 have the written portion of the examination, if any, validated by
14-25 an independent testing professional. The Board shall determine the
14-26 subject and scope of the examinations and establish appropriate
14-27 fees for examinations administered. Part of the examinations shall
15-1 test applicant knowledge of the discipline and profession of
15-2 psychology and part shall test applicant knowledge of the laws and
15-3 rules governing the profession of psychology in this state. This
15-4 latter part of the examination is to be known as the Board's
15-5 jurisprudence examination. An applicant who fails his examination
15-6 may be reexamined at intervals specified by the Board upon payment
15-7 of another examination fee corresponding to the examination failed.
15-8 SECTION 12. Section 15A, Psychologists' Certification and
15-9 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
15-10 amended to read as follows:
15-11 Sec. 15A. Endorsement <Reciprocity>. (a) The Board may
15-12 grant a provisional license or certificate to an <An> applicant <is
15-13 entitled to certification or licensure> on submission to the Board
15-14 of an application in the form prescribed by the Board and payment
15-15 of the required application fees if:
15-16 (1) the individual is licensed, certified, or
15-17 registered as a psychologist or psychological associate by another
15-18 state, the District of Columbia, or a commonwealth or territory of
15-19 the United States and is in good standing with the regulatory
15-20 agency of that jurisdiction;
15-21 (2) the requirements for licensing, certification, or
15-22 registration in the other jurisdiction are substantially equal to
15-23 those prescribed by this Act;
15-24 (3) <the individual has engaged in the practice of
15-25 psychology for not less than five years on the date of application
15-26 for certification; and>
15-27 <(4)> the individual has passed a national or other
16-1 <the Board's jurisprudence> examination recognized by the Board
16-2 relating to psychology; and
16-3 (4) the individual is sponsored by a person licensed
16-4 or certified by the Board under this Act with whom the provisional
16-5 license or certificate holder may practice under this section.
16-6 (b) An applicant for a provisional license or certificate
16-7 may be excused from the requirement of Subsection (a)(4) of this
16-8 section if the Board determines that compliance with that
16-9 subsection constitutes a hardship to the applicant.
16-10 (c) A provisional license or certificate is valid until the
16-11 date the Board approves or denies the provisional license or
16-12 certificate holder's application for a license or certificate. The
16-13 Board shall issue a license or certificate under this Act to the
16-14 holder of a provisional license or certificate under this section
16-15 if:
16-16 (1) the provisional license or certificate holder
16-17 passes the examination required by Section 14 of this Act;
16-18 (2) the Board verifies that the provisional license or
16-19 certificate holder has the academic and experience requirements for
16-20 a license or certificate under this Act; and
16-21 (3) the provisional license or certificate holder
16-22 satisfies any other license or certification requirements under
16-23 this Act.
16-24 (d) The Board must complete the processing of a provisional
16-25 license or certificate holder's application for a license or
16-26 certificate not later than the 180th day after the date the
16-27 provisional license or certificate is issued.
17-1 (e) The Board may adopt rules for the provisional
17-2 certification or licensing of an individual who holds a valid
17-3 license or the equivalent from another country.
17-4 SECTION 13. Section 15B, Psychologists' Certification and
17-5 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
17-6 amended to read as follows:
17-7 Sec. 15B. Reciprocity <Temporary permit>. The Board may
17-8 enter into and implement agreements for reciprocal licensing with
17-9 other jurisdictions if the requirements for licensing,
17-10 certification, or registration in the other jurisdiction are
17-11 substantially equal to those prescribed by this Act <(a) An
17-12 applicant for certification or licensure by reciprocity under
17-13 Section 15A of this Act may apply for a temporary permit to
17-14 authorize the applicant to practice psychology in this state.>
17-15 <(b) A person may apply for a temporary permit by completing
17-16 an application and paying a temporary permit fee prescribed by the
17-17 Board.>
17-18 <(c) The board shall adopt rules for the issuance of
17-19 temporary permits.>
17-20 <(d) A temporary permit issued under this section does not
17-21 constitute a vested property right>.
17-22 SECTION 14. Section 16, Psychologists' Certification and
17-23 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
17-24 amended to read as follows:
17-25 Sec. 16. Fees. (a) The <fees shall be fixed by the> Board
17-26 by rule shall establish fees in amounts that are reasonable and
17-27 necessary to produce sufficient revenue to cover the costs of
18-1 administering this Act.
18-2 (b) The fees set by the Board may be adjusted so that the
18-3 total fees collected are sufficient to meet the expenses of
18-4 administering this Act. The Board may not set a fee for an amount
18-5 less than the amount of that fee on September 1, 1993 <The Board
18-6 shall not maintain unnecessary fund balances, and fee amount shall
18-7 be set in accordance with this requirement>.
18-8 SECTION 15. Sections 17(b), (c), and (h), Psychologists'
18-9 Certification and Licensing Act (Article 4512c, Vernon's Texas
18-10 Civil Statutes), are amended to read as follows:
18-11 (b) <Certificates and licenses will be renewed no less than
18-12 once every two years.> Unless otherwise provided by board rule,
18-13 certificates and licenses expire on December 31st in the
18-14 <appropriate> year following their issuance or renewal and are
18-15 invalid thereafter unless renewed. The Board by rule may adopt a
18-16 system under which certificates or licenses expire on various dates
18-17 during the year. For the year in which the expiration date is
18-18 changed, certification or licensing fees shall be prorated so that
18-19 each certificate or license holder must pay only that portion of
18-20 the fee that is allocable to the number of months during which the
18-21 certificate or license is valid. On renewal of the certificate or
18-22 license on the new expiration date, the full certification or
18-23 licensing fee is payable.
18-24 (c) <The Board shall notify every person certified or
18-25 licensed under this Act of the date of expiration of his
18-26 certificate or license and the amount of the renewal fee.> A
18-27 person may renew an unexpired certificate or license by paying to
19-1 the Board before the expiration date of the certificate or license
19-2 the required renewal fee. If a person's certificate or license has
19-3 been expired for <not longer than> 90 days or less, the person may
19-4 renew the certificate or license by paying to the Board the
19-5 required renewal fee and a fee that is one-half of the examination
19-6 fee for the certificate or license. If a person's certificate or
19-7 license has been expired for longer than 90 days but less than one
19-8 year <two years>, the person may renew the certificate or license
19-9 by paying to the Board all unpaid renewal fees and a fee that is
19-10 equal to the examination fee for the certificate or license. If a
19-11 person's certificate or license has been expired for one year <two
19-12 years> or longer, the person may not renew the certificate or
19-13 license. The person may obtain a new certificate or license by
19-14 submitting to reexamination and complying with the requirements and
19-15 procedures for obtaining an original certificate or license.
19-16 However, the Board may renew without reexamination an expired
19-17 license or certificate of a person who was licensed or certified in
19-18 this state, moved to another state, and is currently licensed or
19-19 certified and has been in practice in the other state for the two
19-20 years preceding application. The person must pay to the Board a
19-21 fee that is equal to the examination fee for the license or
19-22 certificate. At least 30 days before the expiration of a person's
19-23 license or certificate, the Board shall send written notice of the
19-24 impending license or certificate expiration to the person at the
19-25 license or certificate holder's last known address according to the
19-26 records of the Board.
19-27 (h) The renewal of licenses <certificates> held by
20-1 psychological associates as established by Section 19 of this Act
20-2 is subject to the renewal procedures prescribed by this section
20-3 except that the licenses <certificates> expire May 31st in the
20-4 appropriate year following their issuance or renewal, unless
20-5 otherwise provided by board rule. The Board by rule may adopt a
20-6 system under which licenses <certificates> expire on various dates
20-7 during the year. For the year in which the expiration date is
20-8 changed, license <certification> fees shall be prorated so that
20-9 each license <certificate> holder must pay only that portion of the
20-10 fee that is allocable to the number of months during which the
20-11 license <certificate> is valid. On renewal of the license
20-12 <certificate> on the new expiration date, the full license
20-13 <certification> fee is payable.
20-14 SECTION 16. Section 19, Psychologists' Certification and
20-15 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
20-16 amended to read as follows:
20-17 Sec. 19. SUB-DOCTORAL LICENSE <CERTIFICATION>. The Board,
20-18 with the advice of the Psychological Associate Advisory Committee
20-19 as provided by Section 19A of this Act, shall set standards for
20-20 qualification and issue licenses <certificates of qualification>
20-21 for sub-doctoral levels of psychological personnel. Sub-doctoral
20-22 personnel must have a master's degree in a program that is
20-23 primarily psychological in nature in an accredited university or
20-24 college. Sub-doctoral levels shall be designated by a title(s)
20-25 which includes the adjective "psychological" followed by a noun
20-26 such as "associate," "assistant," "examiner," "technician," etc.
20-27 SECTION 17. The Psychologists' Certification and Licensing
21-1 Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
21-2 adding Section 19A to read as follows:
21-3 Sec. 19A. ADVISORY COMMITTEE. (a) The Psychological
21-4 Associate Advisory Committee is created as an advisory committee to
21-5 the Board. The committee consists of six members appointed by the
21-6 governor.
21-7 (b) Four members must be licensed psychological associates.
21-8 (c) Two members must be members of the general public who
21-9 are not licensed in the field of health care. To be eligible for
21-10 appointment as a public member, a person must meet the eligibility
21-11 requirements for public members of the Board under Section 5 of
21-12 this Act.
21-13 (d) Appointments to the committee shall be made without
21-14 regard to the race, color, disability, sex, religion, age, or
21-15 national origin of the appointees.
21-16 (e) A person who is required to register as a lobbyist under
21-17 Chapter 305, Government Code, and its subsequent amendments, may
21-18 not serve as a member of the committee.
21-19 (f) It is a ground for removal from the committee if a
21-20 member fails to attend at least one-half of the regularly scheduled
21-21 committee meetings held in a calendar year.
21-22 (g) Members of the advisory committee hold office for
21-23 staggered terms of six years, with two members' terms expiring
21-24 February 1 of each odd-numbered year.
21-25 (h) The committee shall select its officers to serve in that
21-26 capacity for a period of one year.
21-27 (i) Each member of the committee is entitled to a per diem
22-1 as set by legislative appropriation for each day that the member
22-2 engages in the business of the committee.
22-3 (j) The advisory committee is subject to:
22-4 (1) the open meetings law, Chapter 271, Acts of the
22-5 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
22-6 Texas Civil Statutes), and its subsequent amendments;
22-7 (2) the open records law, Chapter 424, Acts of the
22-8 63rd Legislature, Regular Session, 1973 (Article 6252-17a,
22-9 Vernon's Texas Civil Statutes), and its subsequent amendments; and
22-10 (3) the Administrative Procedure and Texas Register
22-11 Act (Article 6252-13a, Vernon's Texas Civil Statutes), and its
22-12 subsequent amendments.
22-13 (k) The advisory committee shall develop and recommend rules
22-14 to the Board that establish:
22-15 (1) the license qualifications for psychological
22-16 associates;
22-17 (2) the supervision requirements for psychological
22-18 associates practicing less than five years;
22-19 (3) the permitted activities and services within the
22-20 practice of psychological associates;
22-21 (4) the schedule of disciplinary sanctions required by
22-22 Section 23(b) of this Act that apply to psychological associates;
22-23 (5) the continuing education requirements for
22-24 psychological associates;
22-25 (6) the proportional billing guidelines for services
22-26 rendered by psychological associates with less than five years
22-27 experience; and
23-1 (7) the guidelines, including additional educational
23-2 requirements, for practice without supervision for psychological
23-3 associates with five or more years of experience.
23-4 (l) On receiving the recommendations of the advisory
23-5 committee, the Board must approve or reject the proposed rules. If
23-6 the Board does not approve a rule developed by the advisory
23-7 committee, the Board shall indicate to the advisory committee the
23-8 reasons that the Board did not approve the rule and return the rule
23-9 to the advisory committee for further development.
23-10 SECTION 18. Section 20, Psychologists' Certification and
23-11 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
23-12 amended to read as follows:
23-13 Sec. 20. LICENSE REQUIRED TO PRACTICE <REPRESENTATION AS A
23-14 PSYCHOLOGIST, PSYCHOLOGICAL ASSOCIATE, OR PSYCHOLOGIST'S ASSISTANT
23-15 PROHIBITED>. A <After December 31, 1970, no> person may not engage
23-16 in the practice of psychology or <shall> represent the person
23-17 <himself> as a psychologist or psychological associate within the
23-18 meaning of this Act unless the person <he> is licensed or certified
23-19 <and registered> under <the provisions of> this Act or is exempt
23-20 from this Act.
23-21 SECTION 19. Section 21(a), Psychologists' Certification and
23-22 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
23-23 amended to read as follows:
23-24 (a) Any person who practices psychology <offers
23-25 psychological services> as defined herein for compensation, must
23-26 apply to the Board and upon payment of a fee shall be granted a
23-27 license by the Board. No person may be licensed as a psychologist
24-1 unless:
24-2 (1) the person is certified as a psychologist under
24-3 the authority of this Act; and
24-4 (2) the person has had at least two years of
24-5 supervised experience in the field of psychological services, one
24-6 year of which may be part of the doctoral program and at least one
24-7 year of which was after the person's doctoral degree was conferred.
24-8 SECTION 20. Section 22, Psychologists' Certification and
24-9 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
24-10 amended to read as follows:
24-11 Sec. 22. Exemptions. Nothing in this Act shall be construed
24-12 to apply to:
24-13 (a) the activities, services and use of official title
24-14 on the part of a person employed as a psychologist or psychological
24-15 associate by any: (1) governmental agency, (2) public school
24-16 district, or (3) regionally accredited institution of higher
24-17 education provided such employee is performing those duties for
24-18 which he is employed by such agency, district, or institution and
24-19 within the confines of such agency, district, or institution
24-20 insofar as such activities and services are a part of the duties of
24-21 his office or position as a psychologist or psychological associate
24-22 with such agency, district, or institution; except that persons
24-23 employed as psychologists or psychological associates who offer or
24-24 provide psychological services to the public (other than lecture
24-25 services) for a fee, monetary or otherwise, over and above the
24-26 salary that they receive for the performance of their regular
24-27 duties, and/or persons employed as psychologists or psychological
25-1 associates by organizations that sell psychological services to the
25-2 public (other than lecture services) for a fee, monetary or
25-3 otherwise must be licensed under the provisions of this Act;
25-4 (b) the activities and services of a student, intern
25-5 or resident in psychology, pursuing a course of study in
25-6 preparation for the profession of psychology under qualified
25-7 supervision in recognized training institutions or facilities, if
25-8 these activities and services constitute a part of his supervised
25-9 course of study, provided that such an individual is designated by
25-10 a title such as "psychological intern," "psychological trainee," or
25-11 others clearly indicating such training status;
25-12 (c) the activities and services of members of other
25-13 licensed professions, including physicians, surgeons, attorneys,
25-14 registered nurses, licensed vocational nurses, occupational
25-15 therapists, certified social workers, licensed professional
25-16 counselors, licensed marriage and family therapists, and licensed
25-17 chemical dependency counselors, if the activities and services are
25-18 permitted under the applicable license and the members do not
25-19 represent themselves to be psychologists or describe their services
25-20 by the use of the term "psychological" <professional groups
25-21 licensed, certified, or registered by this state, Christian
25-22 Scientist practitioners who are duly recognized by the Church of
25-23 Christ Scientist as registered and published in the Christian
25-24 Science Journal, or duly ordained religions doing work of a
25-25 psychological nature consistent with their training and consistent
25-26 with any code of ethics of their respective professions, provided
25-27 that they do not represent themselves by any title or in any manner
26-1 prohibited by this Act>;
26-2 (d) the activities and services of duly recognized
26-3 members of the clergy who are acting within the members'
26-4 ministerial capabilities, if the members do not represent
26-5 themselves to be psychologists or describe their services by the
26-6 use of the term "psychological";
26-7 (e) the voluntary activities and services of persons
26-8 employed by or working on the behalf of charitable nonprofit
26-9 organizations, if the persons do not represent themselves to be
26-10 psychologists or describe their services by the use of the term
26-11 "psychological." <persons, other than psychologists licensed or
26-12 certified under this Act, who hold themselves out to the public as
26-13 marriage and family therapists or counselors and who provide
26-14 counseling exclusively related to marriage and family concerns and
26-15 who hold a master's or doctoral degree in the area of marriage and
26-16 family therapy from a college or university accredited under a
26-17 system utilized by the Texas College Coordinating Board and who
26-18 abide by a code of ethics recognized by their profession.>
26-19 SECTION 21. Section 23, Psychologists' Certification and
26-20 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
26-21 amended to read as follows:
26-22 Sec. 23. Revocation, Cancellation, or Suspension of License
26-23 or Certification; Civil Penalty. (a) The <Texas State> Board <of
26-24 Examiners of Psychologists> shall <have the right to cancel,>
26-25 revoke or<,> suspend a<, or refuse to renew the> license or
26-26 <certification of any psychologist or the> certificate, place on
26-27 probation a person whose license or certificate has been suspended,
27-1 <of any psychological associate> or reprimand a license or
27-2 certificate holder if the license or certificate holder <any
27-3 psychologist upon proof that the psychologist>:
27-4 (1) has been convicted of a felony or of a violation
27-5 of the law involving moral turpitude by any court; the conviction
27-6 of a felony shall be the conviction of any offense which if
27-7 committed within this state would constitute a felony under the
27-8 laws of this state; <or>
27-9 (2) uses drugs or intoxicating liquors to an extent
27-10 that affects his professional competency; <or>
27-11 (3) has been guilty of fraud or deceit in connection
27-12 with his services rendered as a psychologist; <or>
27-13 (4) except as provided by Section 15B of this Act, has
27-14 aided or abetted a person, not a licensed psychologist, in
27-15 representing that person as a psychologist within this state; <or>
27-16 (5) except as provided by Section 15B of this Act, has
27-17 represented himself or herself to be a psychologist licensed in
27-18 this state at a time he or she was not licensed to practice
27-19 psychology in this state, or practiced psychology in this state
27-20 without a license to practice psychology in this state; <or>
27-21 (6) violates a rule adopted <has been guilty of
27-22 unprofessional conduct as defined by the rules established> by the
27-23 Board; or
27-24 (7) violates a provision <for any cause for which the
27-25 Board shall be authorized to take that action by another section>
27-26 of this Act.
27-27 (b) If the Board proposes to refuse a person's application
28-1 for a license or certification, to suspend or revoke a person's
28-2 license or certificate, or to reprimand a person, the person is
28-3 entitled to a hearing before the State Office of Administrative
28-4 Hearings. The Board by rule shall adopt a broad schedule of
28-5 sanctions for violations under this Act. The State Office of
28-6 Administrative Hearings shall use the schedule for any sanction
28-7 imposed as the result of a hearing conducted by that office
28-8 <Board>.
28-9 (c) Proceedings for the refusal, suspension, or revocation
28-10 of a license or certificate or for the reprimand of a person are
28-11 governed by the Administrative Procedure and Texas Register Act, as
28-12 amended (Article 6252-13a, Vernon's Texas Civil Statutes).
28-13 (d) An appeal of an action of the Board is governed by the
28-14 Administrative Procedure and Texas Register Act, as amended
28-15 (Article 6252-13a, Vernon's Texas Civil Statutes). Judicial review
28-16 of an action of the Board shall be conducted under the substantial
28-17 evidence rule.
28-18 (e) A person who violates this Act or a rule or order
28-19 adopted by the Board under this Act is liable to the state for a
28-20 civil penalty of $1,000 for each day of violation. At the request
28-21 of the Board, the attorney general shall bring an action to recover
28-22 a civil penalty authorized under this subsection. A penalty
28-23 collected under this subsection shall be remitted to the
28-24 comptroller for deposit in the general revenue fund.
28-25 (f) In addition to the other disciplinary actions authorized
28-26 by this section, the Board may require that a license or
28-27 certificate holder who violates this Act participate in continuing
29-1 education programs. The Board shall specify the continuing
29-2 education programs that may be attended and the number of hours
29-3 that must be completed by an individual license or certificate
29-4 holder to fulfill the requirements of this subsection.
29-5 (g) If a license or certificate suspension is probated, the
29-6 Board may require the license or certificate holder to:
29-7 (1) report regularly to the Board on matters that are
29-8 the basis of the probation;
29-9 (2) limit practice to the areas prescribed by the
29-10 Board; or
29-11 (3) continue or review continuing professional
29-12 education until the license or certificate holder attains a degree
29-13 of skill satisfactory to the Board in those areas that are the
29-14 basis of the probation. <The Board shall have the right and may,
29-15 upon majority vote, rule that the order revoking, cancelling, or
29-16 suspending the psychologist's license or certification be probated
29-17 so long as the probationer conforms to such orders and rules as the
29-18 Board may set out as the terms of probation. The Board, at the
29-19 time of probation, shall set out the period of time which shall
29-20 constitute the probationary period. Provided further, that the
29-21 Board may at any time while the probationer remains on probation
29-22 hold a hearing, and upon majority vote, rescind the probation and
29-23 enforce the Board's original action in revoking, cancelling, or
29-24 suspending the psychologist's license or certification, the said
29-25 hearing to rescind the probation shall be called by the chairperson
29-26 of the Texas State Board of Examiners of Psychologists who shall
29-27 cause to be issued a notice setting a time and place for the
30-1 hearing and containing the charges or complaints against the
30-2 probationer, said notice to be served on the probationer or the
30-3 probationer's counsel at least ten (10) days prior to the time set
30-4 for the hearing. Service of notice of a board action is effected
30-5 by sending written notice by certified mail to the license holder's
30-6 address of record. At said hearing the respondent shall have the
30-7 right to appear either personally or by counsel or both, to produce
30-8 witnesses or evidence in the behalf of the respondent, to
30-9 cross-examine witnesses, and to have subpoenas issued by the Board.
30-10 The Board shall thereupon determine the charges upon their merits.
30-11 All charges, complaints, notices, orders, records, and publications
30-12 authorized or required by the terms of this Act shall be
30-13 privileged. The order revoking or rescinding the probation shall
30-14 not be subject to review or appeal.>
30-15 <(f) On application, the Board may reissue a certificate or
30-16 a license to a person whose certificate or license has been
30-17 cancelled or revoked. Such an application may not be made before
30-18 the expiration of one year after the date of the cancellation or
30-19 revocation or a period determined by the Board.>
30-20 SECTION 22. The Psychologists' Certification and Licensing
30-21 Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
30-22 adding Section 23A to read as follows:
30-23 Sec. 23A. ADMINISTRATIVE PENALTY. (a) The Board may impose
30-24 an administrative penalty against a person licensed or regulated
30-25 under this Act who violates this Act or a rule or order adopted
30-26 under this Act.
30-27 (b) The penalty for a violation may be in an amount not to
31-1 exceed $1,000. Each day a violation continues or occurs is a
31-2 separate violation for purposes of imposing a penalty.
31-3 (c) The amount of the penalty shall be based on:
31-4 (1) the seriousness of the violation, including the
31-5 nature, circumstances, extent, and gravity of any prohibited acts,
31-6 and the hazard or potential hazard created to the health, safety,
31-7 or economic welfare of the public;
31-8 (2) the economic harm to property or the environment
31-9 caused by the violation;
31-10 (3) the history of previous violations;
31-11 (4) the amount necessary to deter future violations;
31-12 (5) efforts to correct the violation; and
31-13 (6) any other matter that justice may require.
31-14 (d) An executive director who determines that a violation
31-15 has occurred may issue to the Board a report that states the facts
31-16 on which the determination is based. The Board shall make a
31-17 recommendation on the imposition of a penalty, including a
31-18 recommendation on the amount of the penalty.
31-19 (e) Within 14 days after the date the report is issued, the
31-20 executive director shall give written notice of the report to the
31-21 person. The notice may be given by certified mail. The notice
31-22 must include a brief summary of the alleged violation and a
31-23 statement of the amount of the recommended penalty and must inform
31-24 the person that the person has a right to a hearing on the
31-25 occurrence of the violation, the amount of the penalty, or both the
31-26 occurrence of the violation and the amount of the penalty.
31-27 (f) Within 20 days after the date the person receives the
32-1 notice, the person in writing may accept the determination and
32-2 recommended penalty of the Board or may make a written request for
32-3 a hearing on the occurrence of the violation, the amount of the
32-4 penalty, or both the occurrence of the violation and the amount of
32-5 the penalty.
32-6 (g) If the person accepts the determination and recommended
32-7 penalty of the Board, the Board shall issue an order and impose the
32-8 recommended penalty.
32-9 (h) If the person requests a hearing or fails to respond
32-10 timely to the notice, the executive director shall set a hearing
32-11 and give notice of the hearing to the person. The hearing shall be
32-12 held by an administrative law judge of the State Office of
32-13 Administrative Hearings. The administrative law judge shall make
32-14 findings of fact and conclusions of law and promptly issue to the
32-15 Board a proposal for a decision about the occurrence of the
32-16 violation and the amount of a proposed penalty. Based on the
32-17 findings of fact, conclusions of law, and proposal for a decision,
32-18 the Board by order may find that a violation has occurred and
32-19 impose a penalty or may find that no violation occurred.
32-20 (i) The notice of the Board's order given to the person
32-21 under the Administrative Procedure and Texas Register Act (Article
32-22 6252-13a, Vernon's Texas Civil Statutes) and its subsequent
32-23 amendments must include a statement of the right of the person to
32-24 judicial review of the order.
32-25 (j) Within 30 days after the date the Board's order is final
32-26 as provided by Section 16(c), Administrative Procedure and Texas
32-27 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
33-1 its subsequent amendments, the person shall:
33-2 (1) pay the amount of the penalty;
33-3 (2) pay the amount of the penalty and file a petition
33-4 for judicial review contesting the occurrence of the violation, the
33-5 amount of the penalty, or both the occurrence of the violation and
33-6 the amount of the penalty; or
33-7 (3) without paying the amount of the penalty, file a
33-8 petition for judicial review contesting the occurrence of the
33-9 violation, the amount of the penalty, or both the occurrence of the
33-10 violation and the amount of the penalty.
33-11 (k) Within the 30-day period, a person who acts under
33-12 Subsection (j)(3) of this section may:
33-13 (1) stay enforcement of the penalty by:
33-14 (A) paying the amount of the penalty to the
33-15 court for placement in an escrow account; or
33-16 (B) giving to the court a supersedeas bond
33-17 approved by the court for the amount of the penalty and that is
33-18 effective until all judicial review of the Board's order is final;
33-19 or
33-20 (2) request the court to stay enforcement of the
33-21 penalty by:
33-22 (A) filing with the court a sworn affidavit of
33-23 the person stating that the person is financially unable to pay the
33-24 amount of the penalty and is financially unable to give the
33-25 supersedeas bond; and
33-26 (B) giving a copy of the affidavit to the
33-27 executive director by certified mail.
34-1 (l) An executive director who receives a copy of an
34-2 affidavit under Subsection (k)(2) of this section may file, with
34-3 the court within five days after the date the copy is received, a
34-4 contest to the affidavit. The court shall hold a hearing on the
34-5 facts alleged in the affidavit as soon as practicable and shall
34-6 stay the enforcement of the penalty on finding that the alleged
34-7 facts are true. The person who files an affidavit has the burden
34-8 of proving that the person is financially unable to pay the amount
34-9 of the penalty and to give a supersedeas bond.
34-10 (m) If the person does not pay the amount of the penalty and
34-11 the enforcement of the penalty is not stayed, the executive
34-12 director may refer the matter to the attorney general for
34-13 collection of the amount of the penalty.
34-14 (n) Judicial review of the order of the Board:
34-15 (1) is instituted by filing a petition as provided by
34-16 Section 19, Administrative Procedure and Texas Register Act
34-17 (Article 6252-13a, Vernon's Texas Civil Statutes) and its
34-18 subsequent amendments; and
34-19 (2) is under the substantial evidence rule.
34-20 (o) If the court sustains the occurrence of the violation,
34-21 the court may uphold or reduce the amount of the penalty and order
34-22 the person to pay the full or reduced amount of the penalty. If
34-23 the court does not sustain the occurrence of the violation, the
34-24 court shall order that no penalty is owed.
34-25 (p) When the judgment of the court becomes final, the court
34-26 shall proceed under this subsection. If the person paid the amount
34-27 of the penalty and if that amount is reduced or is not upheld by
35-1 the court, the court shall order that the appropriate amount plus
35-2 accrued interest be remitted to the person. The rate of the
35-3 interest is the rate charged on loans to depository institutions by
35-4 the New York Federal Reserve Bank, and the interest shall be paid
35-5 for the period beginning on the date the penalty was paid and
35-6 ending on the date the penalty is remitted. If the person gave a
35-7 supersedeas bond and if the amount of the penalty is not upheld by
35-8 the court, the court shall order the release of the bond. If the
35-9 person gave a supersedeas bond and if the amount of the penalty is
35-10 reduced, the court shall order the release of the bond after the
35-11 person pays the amount.
35-12 (q) A penalty collected under this section shall be remitted
35-13 to the comptroller for deposit in the general revenue fund.
35-14 (r) All proceedings under this section are subject to the
35-15 Administrative Procedure and Texas Register Act (Article 6252-13a,
35-16 Vernon's Texas Civil Statutes) and its subsequent amendments.
35-17 SECTION 23. The Psychologists' Certification and Licensing
35-18 Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
35-19 adding Section 23B to read as follows:
35-20 Sec. 23B. TEMPORARY SUSPENSION. (a) An executive committee
35-21 of the Board, consisting of the presiding officer of the Board and
35-22 two other Board members appointed by the presiding officer, may
35-23 temporarily suspend the license or certificate of a license or
35-24 certificate holder under this Act if the executive committee
35-25 determines from the evidence or information presented to the
35-26 committee that the continued practice by the license or certificate
35-27 holder constitutes a continuing or imminent threat to the public
36-1 welfare.
36-2 (b) A temporary suspension authorized under Subsection (a)
36-3 of this section may also be ordered on a majority vote of the
36-4 Board.
36-5 (c) A license or certificate temporarily suspended under
36-6 this section may be suspended without notice or hearing if, at the
36-7 time the suspension is ordered, a hearing on whether disciplinary
36-8 proceedings under this Act should be initiated against the license
36-9 or certificate holder is scheduled to be held not later than the
36-10 14th day after the date of the suspension. A second hearing on the
36-11 suspended license or certificate shall be held not later than the
36-12 60th day after the date the suspension was ordered. If the second
36-13 hearing is not held in the time required by this subsection, the
36-14 suspended license or certificate is automatically reinstated.
36-15 (d) The Board by rule shall adopt procedures for the
36-16 temporary suspension of a license or certificate under this
36-17 section.
36-18 SECTION 24. Section 24, Psychologists' Certification and
36-19 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
36-20 amended to read as follows:
36-21 Sec. 24. Injunctions. The <Texas State> Board <of Examiners
36-22 of Psychologists> shall have the right to institute an action in
36-23 its own name to enjoin the violation of any provisions of this Act.
36-24 Said action for injunction shall be in addition to any other
36-25 action, proceeding or remedy authorized by law. The <Texas State>
36-26 Board <of Examiners of Psychologists> shall be represented by the
36-27 Attorney General or <and/or> the County or District Attorneys of
37-1 this state.
37-2 SECTION 25. Section 25, Psychologists' Certification and
37-3 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
37-4 amended to read as follows:
37-5 Sec. 25. Violations. Any person, whether acting as an
37-6 individual, firm, partnership, corporation, agency or other entity,
37-7 who engages in the practice of psychology or<, after December 31,
37-8 1970,> represents the person <himself> to be a psychologist in
37-9 violation <within this state without being certified or licensed or
37-10 exempted in accordance with the provisions> of this Act is guilty
37-11 of a Class A misdemeanor <and, upon conviction, shall be punished
37-12 by a fine not less than Fifty Dollars ($50.00) nor more than Five
37-13 Hundred Dollars ($500.00), and by imprisonment in county jail for
37-14 not more than thirty (30) days>. Each day of violation is a
37-15 separate offense.
37-16 SECTION 26. The Psychologists' Certification and Licensing
37-17 Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
37-18 adding Sections 25A, 25B, 25C, and 25D to read as follows:
37-19 Sec. 25A. COMPLAINT PROCEDURE IN GENERAL. (a) The Board
37-20 shall keep an information file about each complaint filed with the
37-21 Board. The Board's information file shall be kept current and
37-22 contain a record for each complaint of:
37-23 (1) all persons contacted in relation to the
37-24 complaint;
37-25 (2) a summary of findings made at each step of the
37-26 complaint process;
37-27 (3) an explanation of the legal basis and reason for a
38-1 complaint that is dismissed; and
38-2 (4) other relevant information.
38-3 (b) If a written complaint is filed with the Board that the
38-4 Board has authority to resolve, the Board, at least as frequently
38-5 as quarterly and until final disposition of the complaint, shall
38-6 notify the parties to the complaint of the status of the complaint
38-7 unless the notice would jeopardize an undercover investigation.
38-8 (c) The Board by rule shall adopt a form to standardize
38-9 information concerning complaints made to the Board. The Board by
38-10 rule shall prescribe information to be provided to a person when
38-11 the person files a complaint with the Board.
38-12 (d) The Board shall provide reasonable assistance to a
38-13 person who wishes to file a complaint with the Board.
38-14 Sec. 25B. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
38-15 Board shall adopt rules concerning the investigation of a complaint
38-16 filed with the Board. The rules adopted under this subsection
38-17 shall:
38-18 (1) distinguish between categories of complaints;
38-19 (2) ensure that complaints are not dismissed without
38-20 appropriate consideration;
38-21 (3) require that the Board be advised of a complaint
38-22 that is dismissed and that a letter be sent to the person who filed
38-23 the complaint explaining the action taken on the dismissed
38-24 complaint;
38-25 (4) ensure that the person who filed the complaint has
38-26 an opportunity to explain the allegations made in the complaint;
38-27 and
39-1 (5) prescribe guidelines concerning the categories of
39-2 complaints that require the use of a private investigator and the
39-3 procedures for the Board to obtain the services of a private
39-4 investigator.
39-5 (b) The Board shall dispose of all complaints in a timely
39-6 manner. The Board shall establish a schedule for conducting each
39-7 phase of a complaint that is under the control of the Board not
39-8 later than the 30th day after the date the complaint is received by
39-9 the Board. The schedule shall be kept in the information file for
39-10 the complaint and all parties shall be notified of the projected
39-11 time requirements for pursuing the complaint. A change in the
39-12 schedule must be noted in the complaint information file and all
39-13 parties to the complaint must be notified not later than the
39-14 seventh day after the date the change is made.
39-15 (c) The executive director of the Board shall notify the
39-16 Board of a complaint that extends beyond the time prescribed by the
39-17 Board for resolving the complaint so that the Board may take
39-18 necessary action on the complaint.
39-19 Sec. 25C. INFORMAL PROCEEDINGS. (a) The Board by rule
39-20 shall adopt procedures governing:
39-21 (1) informal disposition of a contested case under
39-22 Section 13(e), Administrative Procedure and Texas Register Act
39-23 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
39-24 subsequent amendments; and
39-25 (2) informal proceedings held in compliance with
39-26 Section 18(c), Administrative Procedure and Texas Register Act
39-27 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
40-1 subsequent amendments.
40-2 (b) Rules adopted under this section must provide the
40-3 complainant and the license or certificate holder an opportunity to
40-4 be heard and must require the presence of an attorney to advise the
40-5 Board or Board's employees. The attorney must be a member of the
40-6 Board's legal staff, if the Board has a legal staff. If the Board
40-7 does not have a legal staff, the attorney must be a member of the
40-8 office of the attorney general.
40-9 Sec. 25D. MONITORING OF LICENSE OR CERTIFICATE HOLDER. The
40-10 Board by rule shall develop a system for monitoring license or
40-11 certificate holders' compliance with the requirements of this Act.
40-12 Rules adopted under this section shall include procedures for
40-13 monitoring a license or certificate holder who is ordered by the
40-14 Board to perform certain acts to ascertain that the license or
40-15 certificate holder performs the required acts and to identify and
40-16 monitor license or certificate holders who represent a risk to the
40-17 public.
40-18 SECTION 27. (a) The changes in law made by this Act
40-19 relating to an administrative or civil penalty that may be imposed
40-20 apply only to a violation of the Psychologists' Certification and
40-21 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes) or a
40-22 rule or order adopted by the Texas State Board of Examiners of
40-23 Psychologists that occurs on or after the effective date of this
40-24 Act. A violation occurs on or after the effective date of this Act
40-25 only if each element of the violation occurs on or after that date.
40-26 A violation that occurs before the effective date of this Act is
40-27 governed by the law in effect on the date the violation occurred,
41-1 and the former law is continued in effect for this purpose.
41-2 (b) As the terms of members of the Texas State Board of
41-3 Examiners of Psychologists expire or as a vacancy occurs on the
41-4 board, the governor shall appoint members to the board to achieve,
41-5 as soon as possible, the membership plan prescribed for the board
41-6 by this Act.
41-7 (c) The changes in law made by this Act in the
41-8 qualifications of members of the Texas State Board of Examiners of
41-9 Psychologists do not affect the entitlement of a member appointed
41-10 before September 1, 1993, to continue to hold office on the board
41-11 for the term for which the member was appointed. The changes in
41-12 the qualifications apply only to a member appointed on or after
41-13 September 1, 1993.
41-14 SECTION 28. (a) As soon as possible after the effective
41-15 date of this Act, the governor shall appoint the initial members of
41-16 the Psychological Associate Advisory Committee in accordance with
41-17 the requirements of this Act. A certified psychological associate
41-18 is eligible to serve as an initial psychological associate member.
41-19 In making the initial appointments, the governor shall designate
41-20 members to serve terms as follows:
41-21 (1) one psychological associate and one public member
41-22 for terms expiring February 1, 1995;
41-23 (2) two psychological associates for terms expiring
41-24 February 1, 1997; and
41-25 (3) one psychological associate and one public member
41-26 for terms expiring February 1, 1999.
41-27 (b) The Psychological Associate Advisory Committee shall
42-1 develop proposed rules for the consideration of the Texas State
42-2 Board of Examiners of Psychologists as required by Section 19A,
42-3 Psychologists' Certification and Licensing Act (Article 4512c,
42-4 Vernon's Texas Civil Statutes), as added by this Act, not later
42-5 than February 1, 1994. The board shall adopt rules relating to the
42-6 licensure of psychological associates not later than September 1,
42-7 1994.
42-8 (c) The change in law made by this Act relating to the
42-9 issuance or renewal of licenses of psychological associates applies
42-10 only to a license issued or renewed on or after September 1, 1994.
42-11 The issuance or renewal of a certificate of a psychological
42-12 associate before that date is covered by the law in effect when the
42-13 certificate was issued, and the former law is continued in effect
42-14 for that purpose.
42-15 (d) On or after September 1, 1994, the Texas State Board of
42-16 Psychologists shall issue licenses without cost or additional
42-17 requirements to psychological associates to replace unexpired
42-18 psychological associate certificates issued before September 1,
42-19 1994. Licenses issued under this subsection expire on the date the
42-20 replaced certificate expires.
42-21 SECTION 29. Section 26, Psychologists' Certification and
42-22 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
42-23 repealed.
42-24 SECTION 30. This Act takes effect September 1, 1993.
42-25 SECTION 31. The importance of this legislation and the
42-26 crowded condition of the calendars in both houses create an
42-27 emergency and an imperative public necessity that the
43-1 constitutional rule requiring bills to be read on three several
43-2 days in each house be suspended, and this rule is hereby suspended.