By: Parker S.B. No. 1424
73R6978 NSC-D
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 4(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) Appointments to the Board shall be made without regard
1-10 to the race, color <creed>, disability, sex, religion, age, or
1-11 national origin of the appointees.
1-12 SECTION 2. Section 4a, Psychologists' Certification and
1-13 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
1-14 amended to read as follows:
1-15 Sec. 4a. Sunset provision. The Texas State Board of
1-16 Examiners of Psychologists is subject to Chapter 325, Government
1-17 Code (Texas Sunset Act). Unless continued in existence as provided
1-18 by that chapter, the Board is abolished and this Act expires
1-19 September 1, 2005 <1993>.
1-20 SECTION 3. Sections 5(b), (d), (e), (g), and (h),
1-21 Psychologists' Certification and Licensing Act (Article 4512c,
1-22 Vernon's Texas Civil Statutes), are amended to read as follows:
1-23 (b) Five <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 (d) Three <Two> members must be representatives of the
2-9 general public. A person is not eligible for appointment as a
2-10 public member of the Board if the person or the person's spouse:
2-11 (1) is registered, certified, or licensed by an
2-12 occupational regulatory agency in the field of health services
2-13 <care>;
2-14 (2) is employed by or participates in the management
2-15 of a business entity or other organization regulated by the Board
2-16 or receiving funds from the Board <that provides health-care
2-17 services or that sells, manufactures, or distributes health-care
2-18 supplies or equipment>; <or>
2-19 (3) owns or<,> controls, <or has,> directly or
2-20 indirectly, more than a 10 percent interest in a business entity or
2-21 other organization regulated by the Board or receiving funds from
2-22 the Board; or
2-23 (4) uses or receives a substantial amount of tangible
2-24 goods, services, or funds from the Board, other than compensation
2-25 or reimbursement authorized by law for Board membership,
2-26 attendance, or expenses <that provides health-care services or that
2-27 sells, manufactures, or distributes health-care supplies or
3-1 equipment>.
3-2 (e)(1) It is a ground for removal from the Board if a
3-3 member:
3-4 (A) <(1)> does not have at the time of
3-5 appointment the qualifications required by Subsection (a), (b),
3-6 (c), or (d) of this section <for appointment to the Board>;
3-7 (B) <(2)> does not maintain during the service
3-8 on the Board the qualifications required by Subsection (a), (b),
3-9 (c), or (d) of this section <for appointment to the Board>;
3-10 (C) <(3)> violates a prohibition established by
3-11 Subsection (g) or (h) of this section; <or>
3-12 (D) cannot discharge the member's duties for a
3-13 substantial part of the term for which the member is appointed
3-14 because of illness or disability; or
3-15 (E) is absent from more than half <(4) does not
3-16 attend at least one-half> of the regularly scheduled Board meetings
3-17 that the member is eligible to attend during <held by the Board in>
3-18 a calendar year unless the absence is excused by a majority vote<,
3-19 excluding meetings held while the person was not a member> of the
3-20 Board.
3-21 (2) The validity of an action of the Board is not
3-22 affected by the fact that it is taken when a ground for removal of
3-23 a Board member exists.
3-24 (3) If the executive director has knowledge that a
3-25 potential ground for removal exists, the executive director shall
3-26 notify the presiding officer of the Board of the ground. The
3-27 presiding officer shall then notify the governor that a potential
4-1 ground for removal exists.
4-2 (g)(1) An <A member or employee of the Board may not be an>
4-3 officer, employee, or paid consultant of a Texas trade association
4-4 in the <psychology> field of health services may not be a member or
4-5 employee of the Board who is exempt from the state's position
4-6 classification plan or is compensated at or above the amount
4-7 prescribed by the General Appropriations Act for step 1, salary
4-8 group 17, of the position classification salary schedule.
4-9 (2) A person who is the spouse of an officer, manager,
4-10 or paid consultant of a Texas trade association in the field of
4-11 health services may not be a Board member and may not be an
4-12 employee of the Board who is exempt from the state's position
4-13 classification plan or is compensated at or above the amount
4-14 prescribed by the General Appropriations Act for step 1, salary
4-15 group 17, of the position classification salary schedule.
4-16 (3) For the purposes of this subsection, a Texas trade
4-17 association is a nonprofit, cooperative, and voluntarily joined
4-18 association of business or professional competitors in this state
4-19 designed to assist its members and its industry or profession in
4-20 dealing with mutual business or professional problems and in
4-21 promoting their common interest<. A member or employee of the
4-22 Board may not be related within the second degree by affinity or
4-23 within the second degree by consanguinity, as determined under
4-24 Article 5996h, Revised Statutes, to a person who is an officer,
4-25 employee, or paid consultant of a trade association in the
4-26 regulated industry>.
4-27 (h) A person <who is required to register as a lobbyist
5-1 under Chapter 305, Government Code,> may not serve as a member of
5-2 the board or act as the general counsel to the Board if the person
5-3 is required to register as a lobbyist under Chapter 305, Government
5-4 Code, and its subsequent amendments, because of the person's
5-5 activities for compensation on behalf of a profession related to
5-6 the operation of the Board.
5-7 SECTION 4. Section 7, Psychologists' Certification and
5-8 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
5-9 amended to read as follows:
5-10 Sec. 7. Organization and Meetings of the Board. (a) The
5-11 Board shall hold a regular annual meeting at which it shall select
5-12 from its members a chairperson and a vice-chairperson. Other
5-13 regular meetings shall be held at such times as the rules of the
5-14 Board may provide but not less than two times a year. Special
5-15 meetings may be held at such times as may be deemed necessary or
5-16 advisable by the Board or a majority of its members. Reasonable
5-17 notice of all meetings shall be given in the manner prescribed by
5-18 the rules of the Board. A quorum of the Board shall consist of a
5-19 majority of its members.
5-20 (b) The executive director of the Board shall be employed by
5-21 the Board and shall hold that position at the pleasure of the
5-22 Board. The Board may employ such other persons as it deems
5-23 necessary or desirable, including investigators, lawyers,
5-24 consultants, and administrative staff, to carry out the provisions
5-25 of this Act.
5-26 (c) The Board shall develop and implement policies that
5-27 clearly define the respective responsibilities of the Board and the
6-1 staff of the Board.
6-2 (d) The Board shall adopt and have an official seal.
6-3 SECTION 5. Sections 8(c), (d), (e), (j), (k), and (l),
6-4 Psychologists' Certification and Licensing Act (Article 4512c,
6-5 Vernon's Texas Civil Statutes), are amended to read as follows:
6-6 (c) The Board shall prepare information of public <consumer>
6-7 interest describing the <regulatory> functions of the Board and
6-8 <describing> the Board's procedures by which <consumer> complaints
6-9 are filed with and resolved by the Board. The Board shall make
6-10 information available to the <general> public and appropriate state
6-11 agencies.
6-12 (d) The Board by rule shall establish methods by which
6-13 consumers and service recipients are notified of <Each written
6-14 contract for services in this state of a licensed or certified
6-15 psychologist must contain> the name, mailing address, and telephone
6-16 number of the Board for the purpose of directing complaints to the
6-17 Board. The Board may provide for that notification:
6-18 (1) on each registration form, application, or written
6-19 contract for services of an individual or entity regulated by the
6-20 Board;
6-21 (2) on a sign prominently displayed in the place of
6-22 business of each individual or entity regulated by the Board; or
6-23 (3) in a bill for service provided by an individual or
6-24 entity regulated by the Board.
6-25 (e) The Board shall list along with its regular telephone
6-26 number the toll-free telephone number that may be called to present
6-27 a complaint about a health professional if the toll-free number is
7-1 established under other state law <There shall at all times be
7-2 prominently displayed in the place of business of each licensee
7-3 regulated under this Act a sign containing the name, mailing
7-4 address, and telephone number of the Board and a statement
7-5 informing consumers that complaints against licensees can be
7-6 directed to the Board>.
7-7 (j) The Board shall establish mandatory <may recognize,
7-8 prepare, or administer> continuing education programs for persons
7-9 regulated by the Board under this Act. The Board by rule shall
7-10 establish a minimum number of hours of continuing education
7-11 required to renew a license or certificate under this Act. The
7-12 Board may assess the continuing education needs of license or
7-13 certificate holders and may require license or certificate holders
7-14 to attend continuing education courses specified by the Board. The
7-15 Board by rule shall develop a process to evaluate and approve
7-16 continuing education courses. The Board shall identify the key
7-17 factors for the competent performance by a license or certificate
7-18 holder of the license or certificate holder's professional duties.
7-19 The Board shall adopt a procedure to assess a license or
7-20 certificate holder's participation in continuing education programs
7-21 <Participation in the programs is voluntary>.
7-22 (k) The executive director or the executive director's
7-23 designee <Board> shall develop an intraagency career ladder
7-24 program<, one part of which shall be the intraagency posting of
7-25 each job opening with the Board in a nonentry level position>. The
7-26 program shall require intraagency postings of all nonentry level
7-27 positions concurrently with <posting shall be made at least 10 days
8-1 before> any public posting <is made>.
8-2 (l) The executive director or the executive director's
8-3 designee <Board> shall develop a system of annual performance
8-4 evaluations <of the Board's employees based on measurable job
8-5 tasks>. All <Any> merit pay for Board employees must <authorized
8-6 by the Board shall> be based on the system established under this
8-7 subsection.
8-8 SECTION 6. The Psychologists' Certification and Licensing
8-9 Act (Article 4512c, Vernon's Texas Civil Statutes), is amended by
8-10 adding Sections 8A, 8B, 8C, and 8D to read as follows:
8-11 Sec. 8A. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
8-12 executive director or the executive director's designee shall
8-13 prepare and maintain a written policy statement to ensure
8-14 implementation of a program of equal employment opportunity under
8-15 which all personnel transactions are made without regard to race,
8-16 color, disability, sex, religion, age, or national origin. The
8-17 policy statement must include:
8-18 (1) personnel policies, including policies relating to
8-19 recruitment, evaluation, selection, application, training, and
8-20 promotion of personnel that are in compliance with the Commission
8-21 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
8-22 and its subsequent amendments;
8-23 (2) a comprehensive analysis of the Board work force
8-24 that meets federal and state guidelines;
8-25 (3) procedures by which a determination can be made of
8-26 significant underuse in the Board work force of all persons for
8-27 whom federal or state guidelines encourage a more equitable
9-1 balance; and
9-2 (4) reasonable methods to appropriately address those
9-3 areas of underuse.
9-4 (b) A policy statement prepared under Subsection (a) of this
9-5 section must cover an annual period, be updated annually, be
9-6 reviewed by the Commission on Human Rights for compliance with
9-7 Subsection (a)(1) of this section, and be filed with the governor's
9-8 office.
9-9 (c) The governor's office shall deliver a biennial report to
9-10 the legislature based on the information received under Subsection
9-11 (b) of this section. The report may be made separately or as part
9-12 of other biennial reports to the legislature.
9-13 Sec. 8B. PUBLIC PARTICIPATION IN BOARD HEARINGS. The Board
9-14 shall develop and implement policies that provide the public with a
9-15 reasonable opportunity to appear before the Board and to speak on
9-16 any issue under the jurisdiction of the Board.
9-17 Sec. 8C. PROGRAM ACCESSIBILITY. The Board shall prepare and
9-18 maintain a written plan that describes how a person who does not
9-19 speak English can be provided reasonable access to the Board's
9-20 programs. The Board shall also comply with federal and state laws
9-21 for program and facility accessibility.
9-22 Sec. 8D. TRAINING; STANDARDS OF CONDUCT INFORMATION. (a)
9-23 Each Board member shall comply with the Board member training
9-24 requirements established by any other state agency that is given
9-25 authority to establish the requirements for the Board.
9-26 (b) The Board shall provide to its members and employees, as
9-27 often as necessary, information regarding their qualifications for
10-1 office or employment under this Act and their responsibilities
10-2 under applicable laws relating to standards of conduct for state
10-3 officers or employees.
10-4 SECTION 7. Section 9, Psychologists' Certification and
10-5 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
10-6 amended to read as follows:
10-7 Sec. 9. Receipts and Disbursements. All money paid to the
10-8 Board <The executive director of the Board shall receive and
10-9 account for all monies derived> under this Act<. The executive
10-10 director> shall be deposited in the state treasury <pay these
10-11 monies weekly to the State Treasurer who shall keep them in a
10-12 separate fund to be known as the "Psychologists Licensing Fund."
10-13 Monies may be paid out of this fund only by warrant drawn by the
10-14 State Comptroller upon the State Treasurer, upon itemized voucher,
10-15 approved by the chairperson of the Board or the executive director
10-16 of the Board. The financial transactions of the Psychologists
10-17 Licensing Fund are subject to audit by the Auditor of the State of
10-18 Texas in accordance with Chapter 321, Government Code. The
10-19 executive director of the Board shall give a surety bond for the
10-20 faithful performance of his duties to the governor in the sum of
10-21 Ten Thousand Dollars ($10,000.00) or an amount recommended by the
10-22 State Auditor. The premium for this bond shall be paid out of the
10-23 Psychologists Licensing Fund. The Board may make expenditures from
10-24 this fund for any purpose which is reasonably necessary to carry
10-25 out the provisions of this Act, including the advance payment of an
10-26 amount not to exceed 80 percent of the travel expenses of a witness
10-27 called by the Board to testify on the Board's behalf>.
11-1 SECTION 8. Section 10, Psychologists' Certification and
11-2 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
11-3 amended to read as follows:
11-4 Sec. 10. ANNUAL REPORT OF THE BOARD. The <As soon as
11-5 practicable after the close of each fiscal year, the> Board shall
11-6 file annually with <submit a report to> the governor and the
11-7 presiding officer of each House of the Legislature a complete and
11-8 detailed written report accounting for all funds received and
11-9 disbursed by <concerning the work of> the Board during the
11-10 preceding fiscal year. The annual report must be in the form and
11-11 reported in the time provided by the General Appropriations Act.
11-12 SECTION 9. Section 14(a), Psychologists' Certification and
11-13 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
11-14 amended to read as follows:
11-15 (a) The Board shall administer examinations to qualified
11-16 applicants for certification at least once a year. The Board shall
11-17 have the written portion of the examination, if any, validated by
11-18 an independent testing professional. The Board shall determine the
11-19 subject and scope of the examinations and establish appropriate
11-20 fees for examinations administered. Part of the examinations shall
11-21 test applicant knowledge of the discipline and profession of
11-22 psychology and part shall test applicant knowledge of the laws and
11-23 rules governing the profession of psychology in this state. This
11-24 latter part of the examination is to be known as the Board's
11-25 jurisprudence examination. An applicant who fails his examination
11-26 may be reexamined at intervals specified by the Board upon payment
11-27 of another examination fee corresponding to the examination failed.
12-1 SECTION 10. Section 15A, Psychologists' Certification and
12-2 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
12-3 amended to read as follows:
12-4 Sec. 15A. Endorsement <Reciprocity>. (a) The Board may
12-5 grant a provisional license or certificate to an <An> applicant <is
12-6 entitled to certification or licensure> on submission to the Board
12-7 of an application in the form prescribed by the Board and payment
12-8 of the required application fees if:
12-9 (1) the individual is licensed, certified, or
12-10 registered as a psychologist or psychological associate by another
12-11 state, the District of Columbia, or a commonwealth or territory of
12-12 the United States and is in good standing with the regulatory
12-13 agency of that jurisdiction;
12-14 (2) the requirements for licensing, certification, or
12-15 registration in the other jurisdiction are substantially equal to
12-16 those prescribed by this Act;
12-17 (3) <the individual has engaged in the practice of
12-18 psychology for not less than five years on the date of application
12-19 for certification; and>
12-20 <(4)> the individual has passed a national or other
12-21 <the Board's jurisprudence> examination recognized by the Board
12-22 relating to psychology; and
12-23 (4) the individual is sponsored by a person licensed
12-24 or certified by the Board under this Act with whom the provisional
12-25 license or certificate holder may practice under this section.
12-26 (b) An applicant for a provisional license or certificate
12-27 may be excused from the requirement of Subsection (a)(4) of this
13-1 section if the Board determines that compliance with that
13-2 subsection constitutes a hardship to the applicant.
13-3 (c) A provisional license or certificate is valid until the
13-4 date the Board approves or denies the provisional license or
13-5 certificate holder's application for a license or certificate. The
13-6 Board shall issue a license or certificate under this Act to the
13-7 holder of a provisional license or certificate under this section
13-8 if:
13-9 (1) the provisional license or certificate holder
13-10 passes the examination required by Section 14 of this Act;
13-11 (2) the Board verifies that the provisional license or
13-12 certificate holder has the academic and experience requirements for
13-13 a license or certificate under this Act; and
13-14 (3) the provisional license or certificate holder
13-15 satisfies any other license or certification requirements under
13-16 this Act.
13-17 (d) The Board must complete the processing of a provisional
13-18 license or certificate holder's application for a license or
13-19 certificate not later than the 180th day after the date the
13-20 provisional license or certificate is issued.
13-21 (e) The Board may adopt rules for the provisional
13-22 certification or licensing of an individual who holds a valid
13-23 license or the equivalent from another country.
13-24 SECTION 11. Section 16, Psychologists' Certification and
13-25 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
13-26 amended to read as follows:
13-27 Sec. 16. Fees. (a) The <fees shall be fixed by the> Board
14-1 by rule shall establish fees in amounts that are reasonable and
14-2 necessary to produce sufficient revenue to cover the costs of
14-3 administering this Act.
14-4 (b) The fees set by the Board may be adjusted so that the
14-5 total fees collected are sufficient to meet the expenses of
14-6 administering this Act. The Board may not set a fee for an amount
14-7 less than the amount of that fee on September 1, 1993 <The Board
14-8 shall not maintain unnecessary fund balances, and fee amount shall
14-9 be set in accordance with this requirement>.
14-10 SECTION 12. Sections 17(b) and (c), Psychologists'
14-11 Certification and Licensing Act (Article 4512c, Vernon's Texas
14-12 Civil Statutes), are amended to read as follows:
14-13 (b) <Certificates and licenses will be renewed no less than
14-14 once every two years.> Unless otherwise provided by board rule,
14-15 certificates and licenses expire on December 31st in the
14-16 <appropriate> year following their issuance or renewal and are
14-17 invalid thereafter unless renewed. The Board by rule may adopt a
14-18 system under which certificates or licenses expire on various dates
14-19 during the year. For the year in which the expiration date is
14-20 changed, certification or licensing fees shall be prorated so that
14-21 each certificate or license holder must pay only that portion of
14-22 the fee that is allocable to the number of months during which the
14-23 certificate or license is valid. On renewal of the certificate or
14-24 license on the new expiration date, the full certification or
14-25 licensing fee is payable.
14-26 (c) <The Board shall notify every person certified or
14-27 licensed under this Act of the date of expiration of his
15-1 certificate or license and the amount of the renewal fee.> A
15-2 person may renew an unexpired certificate or license by paying to
15-3 the Board before the expiration date of the certificate or license
15-4 the required renewal fee. If a person's certificate or license has
15-5 been expired for <not longer than> 90 days or less, the person may
15-6 renew the certificate or license by paying to the Board the
15-7 required renewal fee and a fee that is one-half of the examination
15-8 fee for the certificate or license. If a person's certificate or
15-9 license has been expired for longer than 90 days but less than one
15-10 year <two years>, the person may renew the certificate or license
15-11 by paying to the Board all unpaid renewal fees and a fee that is
15-12 equal to the examination fee for the certificate or license. If a
15-13 person's certificate or license has been expired for one year <two
15-14 years> or longer, the person may not renew the certificate or
15-15 license. The person may obtain a new certificate or license by
15-16 submitting to reexamination and complying with the requirements and
15-17 procedures for obtaining an original certificate or license.
15-18 However, the Board may renew without reexamination an expired
15-19 license or certificate of a person who was licensed or certified in
15-20 this state, moved to another state, and is currently licensed or
15-21 certified and has been in practice in the other state for the two
15-22 years preceding application. The person must pay to the Board a
15-23 fee that is equal to the examination fee for the license or
15-24 certificate. At least 30 days before the expiration of a person's
15-25 license or certificate, the Board shall send written notice of the
15-26 impending license or certificate expiration to the person at the
15-27 license or certificate holder's last known address according to the
16-1 records of the Board.
16-2 SECTION 13. Section 20, Psychologists' Certification and
16-3 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
16-4 amended to read as follows:
16-5 Sec. 20. Representation as <a> Psychologist or<,>
16-6 Psychological Associate<, or Psychologist's Assistant> Prohibited.
16-7 A <After December 31, 1970, no> person may not <shall> represent
16-8 himself as a psychologist or psychological associate within the
16-9 meaning of this Act unless he is certified and registered under the
16-10 provisions of this Act.
16-11 SECTION 14. Section 23, Psychologists' Certification and
16-12 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
16-13 amended to read as follows:
16-14 Sec. 23. Revocation, Cancellation, or Suspension of License
16-15 or Certification; Civil Penalty. (a) The <Texas State> Board <of
16-16 Examiners of Psychologists> shall <have the right to cancel,>
16-17 revoke or<,> suspend a<, or refuse to renew the> license or
16-18 <certification of any psychologist or the> certificate, place on
16-19 probation a person whose license or certificate has been suspended,
16-20 <of any psychological associate> or reprimand a license or
16-21 certificate holder if the license or certificate holder <any
16-22 psychologist upon proof that the psychologist>:
16-23 (1) has been convicted of a felony or of a violation
16-24 of the law involving moral turpitude by any court; the conviction
16-25 of a felony shall be the conviction of any offense which if
16-26 committed within this state would constitute a felony under the
16-27 laws of this state; <or>
17-1 (2) uses drugs or intoxicating liquors to an extent
17-2 that affects his professional competency; <or>
17-3 (3) has been guilty of fraud or deceit in connection
17-4 with his services rendered as a psychologist; <or>
17-5 (4) except as provided by Section 15B of this Act, has
17-6 aided or abetted a person, not a licensed psychologist, in
17-7 representing that person as a psychologist within this state; <or>
17-8 (5) except as provided by Section 15B of this Act, has
17-9 represented himself or herself to be a psychologist licensed in
17-10 this state at a time he or she was not licensed to practice
17-11 psychology in this state, or practiced psychology in this state
17-12 without a license to practice psychology in this state; <or>
17-13 (6) violates a rule adopted <has been guilty of
17-14 unprofessional conduct as defined by the rules established> by the
17-15 Board; or
17-16 (7) violates a provision <for any cause for which the
17-17 Board shall be authorized to take that action by another section>
17-18 of this Act.
17-19 (b) If the Board proposes to refuse a person's application
17-20 for a license or certification, to suspend or revoke a person's
17-21 license or certificate, or to reprimand a person, the person is
17-22 entitled to a hearing before the State Office of Administrative
17-23 Hearings. The Board by rule shall adopt a broad schedule of
17-24 sanctions for violations under this Act. The State Office of
17-25 Administrative Hearings shall use the schedule for any sanction
17-26 imposed as the result of a hearing conducted by that office
17-27 <Board>.
18-1 (c) Proceedings for the refusal, suspension, or revocation
18-2 of a license or certificate or for the reprimand of a person are
18-3 governed by the Administrative Procedure and Texas Register Act, as
18-4 amended (Article 6252-13a, Vernon's Texas Civil Statutes).
18-5 (d) An appeal of an action of the Board is governed by the
18-6 Administrative Procedure and Texas Register Act, as amended
18-7 (Article 6252-13a, Vernon's Texas Civil Statutes). Judicial review
18-8 of an action of the Board shall be conducted under the substantial
18-9 evidence rule.
18-10 (e) A person who violates this Act or a rule or order
18-11 adopted by the Board under this Act is liable to the state for a
18-12 civil penalty of $1,000 for each day of violation. At the request
18-13 of the Board, the attorney general shall bring an action to recover
18-14 a civil penalty authorized under this subsection. A penalty
18-15 collected under this subsection shall be remitted to the
18-16 comptroller for deposit in the general revenue fund.
18-17 (f) In addition to the other disciplinary actions authorized
18-18 by this section, the Board may require that a license or
18-19 certificate holder who violates this Act participate in continuing
18-20 education programs. The Board shall specify the continuing
18-21 education programs that may be attended and the number of hours
18-22 that must be completed by an individual license or certificate
18-23 holder to fulfill the requirements of this subsection.
18-24 (g) If a license or certificate suspension is probated, the
18-25 Board may require the license or certificate holder to:
18-26 (1) report regularly to the Board on matters that are
18-27 the basis of the probation;
19-1 (2) limit practice to the areas prescribed by the
19-2 Board; or
19-3 (3) continue or review continuing professional
19-4 education until the license or certificate holder attains a degree
19-5 of skill satisfactory to the Board in those areas that are the
19-6 basis of the probation. <The Board shall have the right and may,
19-7 upon majority vote, rule that the order revoking, cancelling, or
19-8 suspending the psychologist's license or certification be probated
19-9 so long as the probationer conforms to such orders and rules as the
19-10 Board may set out as the terms of probation. The Board, at the
19-11 time of probation, shall set out the period of time which shall
19-12 constitute the probationary period. Provided further, that the
19-13 Board may at any time while the probationer remains on probation
19-14 hold a hearing, and upon majority vote, rescind the probation and
19-15 enforce the Board's original action in revoking, cancelling, or
19-16 suspending the psychologist's license or certification, the said
19-17 hearing to rescind the probation shall be called by the chairperson
19-18 of the Texas State Board of Examiners of Psychologists who shall
19-19 cause to be issued a notice setting a time and place for the
19-20 hearing and containing the charges or complaints against the
19-21 probationer, said notice to be served on the probationer or the
19-22 probationer's counsel at least ten (10) days prior to the time set
19-23 for the hearing. Service of notice of a board action is effected
19-24 by sending written notice by certified mail to the license holder's
19-25 address of record. At said hearing the respondent shall have the
19-26 right to appear either personally or by counsel or both, to produce
19-27 witnesses or evidence in the behalf of the respondent, to
20-1 cross-examine witnesses, and to have subpoenas issued by the Board.
20-2 The Board shall thereupon determine the charges upon their merits.
20-3 All charges, complaints, notices, orders, records, and publications
20-4 authorized or required by the terms of this Act shall be
20-5 privileged. The order revoking or rescinding the probation shall
20-6 not be subject to review or appeal.>
20-7 <(f) On application, the Board may reissue a certificate or
20-8 a license to a person whose certificate or license has been
20-9 cancelled or revoked. Such an application may not be made before
20-10 the expiration of one year after the date of the cancellation or
20-11 revocation or a period determined by the Board.>
20-12 SECTION 15. The Psychologists' Certification and Licensing
20-13 Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
20-14 adding Section 23A to read as follows:
20-15 Sec. 23A. ADMINISTRATIVE PENALTY. (a) The Board may impose
20-16 an administrative penalty against a person licensed or regulated
20-17 under this Act who violates this Act or a rule or order adopted
20-18 under this Act.
20-19 (b) The penalty for a violation may be in an amount not to
20-20 exceed $1,000. Each day a violation continues or occurs is a
20-21 separate violation for purposes of imposing a penalty.
20-22 (c) The amount of the penalty shall be based on:
20-23 (1) the seriousness of the violation, including the
20-24 nature, circumstances, extent, and gravity of any prohibited acts,
20-25 and the hazard or potential hazard created to the health, safety,
20-26 or economic welfare of the public;
20-27 (2) the economic harm to property or the environment
21-1 caused by the violation;
21-2 (3) the history of previous violations;
21-3 (4) the amount necessary to deter future violations;
21-4 (5) efforts to correct the violation; and
21-5 (6) any other matter that justice may require.
21-6 (d) An executive director who determines that a violation
21-7 has occurred may issue to the Board a report that states the facts
21-8 on which the determination is based and the director's
21-9 recommendation on the imposition of a penalty, including a
21-10 recommendation on the amount of the penalty.
21-11 (e) Within 14 days after the date the report is issued, the
21-12 executive director shall give written notice of the report to the
21-13 person. The notice may be given by certified mail. The notice
21-14 must include a brief summary of the alleged violation and a
21-15 statement of the amount of the recommended penalty and must inform
21-16 the person that the person has a right to a hearing on the
21-17 occurrence of the violation, the amount of the penalty, or both the
21-18 occurrence of the violation and the amount of the penalty.
21-19 (f) Within 20 days after the date the person receives the
21-20 notice, the person in writing may accept the determination and
21-21 recommended penalty of the executive director or may make a written
21-22 request for a hearing on the occurrence of the violation, the
21-23 amount of the penalty, or both the occurrence of the violation and
21-24 the amount of the penalty.
21-25 (g) If the person accepts the determination and recommended
21-26 penalty of the executive director, the Board by order shall approve
21-27 the determination and impose the recommended penalty.
22-1 (h) If the person requests a hearing or fails to respond
22-2 timely to the notice, the executive director shall set a hearing
22-3 and give notice of the hearing to the person. The hearing shall be
22-4 held by an administrative law judge of the State Office of
22-5 Administrative Hearings. The administrative law judge shall make
22-6 findings of fact and conclusions of law and promptly issue to the
22-7 Board a proposal for a decision about the occurrence of the
22-8 violation and the amount of a proposed penalty. Based on the
22-9 findings of fact, conclusions of law, and proposal for a decision,
22-10 the Board by order may find that a violation has occurred and
22-11 impose a penalty or may find that no violation occurred.
22-12 (i) The notice of the Board's order given to the person
22-13 under the Administrative Procedure and Texas Register Act (Article
22-14 6252-13a, Vernon's Texas Civil Statutes) and its subsequent
22-15 amendments must include a statement of the right of the person to
22-16 judicial review of the order.
22-17 (j) Within 30 days after the date the Board's order is final
22-18 as provided by Section 16(c), Administrative Procedure and Texas
22-19 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
22-20 its subsequent amendments, the person shall:
22-21 (1) pay the amount of the penalty;
22-22 (2) pay the amount of the penalty and file a petition
22-23 for judicial review contesting the occurrence of the violation, the
22-24 amount of the penalty, or both the occurrence of the violation and
22-25 the amount of the penalty; or
22-26 (3) without paying the amount of the penalty, file a
22-27 petition for judicial review contesting the occurrence of the
23-1 violation, the amount of the penalty, or both the occurrence of the
23-2 violation and the amount of the penalty.
23-3 (k) Within the 30-day period, a person who acts under
23-4 Subsection (j)(3) of this section may:
23-5 (1) stay enforcement of the penalty by:
23-6 (A) paying the amount of the penalty to the
23-7 court for placement in an escrow account; or
23-8 (B) giving to the court a supersedeas bond
23-9 approved by the court for the amount of the penalty and that is
23-10 effective until all judicial review of the Board's order is final;
23-11 or
23-12 (2) request the court to stay enforcement of the
23-13 penalty by:
23-14 (A) filing with the court a sworn affidavit of
23-15 the person stating that the person is financially unable to pay the
23-16 amount of the penalty and is financially unable to give the
23-17 supersedeas bond; and
23-18 (B) giving a copy of the affidavit to the
23-19 executive director by certified mail.
23-20 (l) An executive director who receives a copy of an
23-21 affidavit under Subsection (k)(2) of this section may file, with
23-22 the court within five days after the date the copy is received, a
23-23 contest to the affidavit. The court shall hold a hearing on the
23-24 facts alleged in the affidavit as soon as practicable and shall
23-25 stay the enforcement of the penalty on finding that the alleged
23-26 facts are true. The person who files an affidavit has the burden
23-27 of proving that the person is financially unable to pay the amount
24-1 of the penalty and to give a supersedeas bond.
24-2 (m) If the person does not pay the amount of the penalty and
24-3 the enforcement of the penalty is not stayed, the executive
24-4 director may refer the matter to the attorney general for
24-5 collection of the amount of the penalty.
24-6 (n) Judicial review of the order of the Board:
24-7 (1) is instituted by filing a petition as provided by
24-8 Section 19, Administrative Procedure and Texas Register Act
24-9 (Article 6252-13a, Vernon's Texas Civil Statutes) and its
24-10 subsequent amendments; and
24-11 (2) is under the substantial evidence rule.
24-12 (o) If the court sustains the occurrence of the violation,
24-13 the court may uphold or reduce the amount of the penalty and order
24-14 the person to pay the full or reduced amount of the penalty. If
24-15 the court does not sustain the occurrence of the violation, the
24-16 court shall order that no penalty is owed.
24-17 (p) When the judgment of the court becomes final, the court
24-18 shall proceed under this subsection. If the person paid the amount
24-19 of the penalty and if that amount is reduced or is not upheld by
24-20 the court, the court shall order that the appropriate amount plus
24-21 accrued interest be remitted to the person. The rate of the
24-22 interest is the rate charged on loans to depository institutions by
24-23 the New York Federal Reserve Bank, and the interest shall be paid
24-24 for the period beginning on the date the penalty was paid and
24-25 ending on the date the penalty is remitted. If the person gave a
24-26 supersedeas bond and if the amount of the penalty is not upheld by
24-27 the court, the court shall order the release of the bond. If the
25-1 person gave a supersedeas bond and if the amount of the penalty is
25-2 reduced, the court shall order the release of the bond after the
25-3 person pays the amount.
25-4 (q) A penalty collected under this section shall be remitted
25-5 to the comptroller for deposit in the general revenue fund.
25-6 (r) All proceedings under this section are subject to the
25-7 Administrative Procedure and Texas Register Act (Article 6252-13a,
25-8 Vernon's Texas Civil Statutes) and its subsequent amendments.
25-9 SECTION 16. The Psychologists' Certification and Licensing
25-10 Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
25-11 adding Section 23B to read as follows:
25-12 Sec. 23B. TEMPORARY SUSPENSION. (a) An executive committee
25-13 of the Board, consisting of the presiding officer of the Board and
25-14 two other Board members appointed by the presiding officer, may
25-15 temporarily suspend the license or certificate of a license or
25-16 certificate holder under this Act if the executive committee
25-17 determines from the evidence or information presented to the
25-18 committee that the continued practice by the license or certificate
25-19 holder constitutes a continuing or imminent threat to the public
25-20 welfare.
25-21 (b) A temporary suspension authorized under Subsection (a)
25-22 of this section may also be ordered on a majority vote of the
25-23 Board.
25-24 (c) A license or certificate temporarily suspended under
25-25 this section may be suspended without notice or hearing if, at the
25-26 time the suspension is ordered, a hearing on whether disciplinary
25-27 proceedings under this Act should be initiated against the license
26-1 or certificate holder is scheduled to be held not later than the
26-2 14th day after the date of the suspension. A second hearing on the
26-3 suspended license or certificate shall be held not later than the
26-4 60th day after the date the suspension was ordered. If the second
26-5 hearing is not held in the time required by this subsection, the
26-6 suspended license or certificate is automatically reinstated.
26-7 (d) The Board by rule shall adopt procedures for the
26-8 temporary suspension of a license or certificate under this
26-9 section.
26-10 SECTION 17. Section 24, Psychologists' Certification and
26-11 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
26-12 amended to read as follows:
26-13 Sec. 24. Injunctions. The <Texas State> Board <of Examiners
26-14 of Psychologists> shall have the right to institute an action in
26-15 its own name to enjoin the violation of any provisions of this Act.
26-16 Said action for injunction shall be in addition to any other
26-17 action, proceeding or remedy authorized by law. The <Texas State>
26-18 Board <of Examiners of Psychologists> shall be represented by the
26-19 Attorney General or <and/or> the County or District Attorneys of
26-20 this state.
26-21 SECTION 18. Section 25, Psychologists' Certification and
26-22 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
26-23 amended to read as follows:
26-24 Sec. 25. Violations. Any person who<, after December 31,
26-25 1970,> represents himself to be a psychologist within this state
26-26 without being certified or licensed or exempted in accordance with
26-27 the provisions of this Act is guilty of a misdemeanor and, upon
27-1 conviction, shall be punished by a fine not less than Fifty Dollars
27-2 ($50.00) nor more than Five Hundred Dollars ($500.00), and by
27-3 imprisonment in county jail for not more than thirty (30) days.
27-4 Each day of violation is a separate offense.
27-5 SECTION 19. The Psychologists' Certification and Licensing
27-6 Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
27-7 adding Sections 25A, 25B, 25C, and 25D to read as follows:
27-8 Sec. 25A. COMPLAINT PROCEDURE IN GENERAL. (a) The Board
27-9 shall keep an information file about each complaint filed with the
27-10 Board. The Board's information file shall be kept current and
27-11 contain a record for each complaint of:
27-12 (1) all persons contacted in relation to the
27-13 complaint;
27-14 (2) a summary of findings made at each step of the
27-15 complaint process;
27-16 (3) an explanation of the legal basis and reason for a
27-17 complaint that is dismissed; and
27-18 (4) other relevant information.
27-19 (b) If a written complaint is filed with the Board that the
27-20 Board has authority to resolve, the Board, at least as frequently
27-21 as quarterly and until final disposition of the complaint, shall
27-22 notify the parties to the complaint of the status of the complaint
27-23 unless the notice would jeopardize an undercover investigation.
27-24 (c) The Board by rule shall adopt a form to standardize
27-25 information concerning complaints made to the Board. The Board by
27-26 rule shall prescribe information to be provided to a person when
27-27 the person files a complaint with the Board.
28-1 (d) The Board shall provide reasonable assistance to a
28-2 person who wishes to file a complaint with the Board.
28-3 Sec. 25B. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
28-4 Board shall adopt rules concerning the investigation of a complaint
28-5 filed with the Board. The rules adopted under this subsection
28-6 shall:
28-7 (1) distinguish between categories of complaints;
28-8 (2) ensure that complaints are not dismissed without
28-9 appropriate consideration;
28-10 (3) require that the Board be advised of a complaint
28-11 that is dismissed and that a letter be sent to the person who filed
28-12 the complaint explaining the action taken on the dismissed
28-13 complaint;
28-14 (4) ensure that the person who filed the complaint has
28-15 an opportunity to explain the allegations made in the complaint;
28-16 and
28-17 (5) prescribe guidelines concerning the categories of
28-18 complaints that require the use of a private investigator and the
28-19 procedures for the Board to obtain the services of a private
28-20 investigator.
28-21 (b) The Board shall dispose of all complaints in a timely
28-22 manner. The Board shall establish a schedule for conducting each
28-23 phase of a complaint that is under the control of the Board not
28-24 later than the 30th day after the date the complaint is received by
28-25 the Board. The schedule shall be kept in the information file for
28-26 the complaint and all parties shall be notified of the projected
28-27 time requirements for pursuing the complaint. A change in the
29-1 schedule must be noted in the complaint information file and all
29-2 parties to the complaint must be notified not later than the
29-3 seventh day after the date the change is made.
29-4 (c) The executive director of the Board shall notify the
29-5 Board of a complaint that extends beyond the time prescribed by the
29-6 Board for resolving the complaint so that the Board may take
29-7 necessary action on the complaint.
29-8 Sec. 25C. INFORMAL PROCEEDINGS. (a) The Board by rule
29-9 shall adopt procedures governing:
29-10 (1) informal disposition of a contested case under
29-11 Section 13(e), Administrative Procedure and Texas Register Act
29-12 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
29-13 subsequent amendments; and
29-14 (2) informal proceedings held in compliance with
29-15 Section 18(c), Administrative Procedure and Texas Register Act
29-16 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
29-17 subsequent amendments.
29-18 (b) Rules adopted under this section must provide the
29-19 complainant and the license or certificate holder an opportunity to
29-20 be heard and must require the presence of an attorney to advise the
29-21 Board or Board's employees. The attorney must be a member of the
29-22 Board's legal staff, if the Board has a legal staff. If the Board
29-23 does not have a legal staff, the attorney must be a member of the
29-24 office of the attorney general.
29-25 Sec. 25D. MONITORING OF LICENSE OR CERTIFICATE HOLDER. The
29-26 Board by rule shall develop a system for monitoring license or
29-27 certificate holders' compliance with the requirements of this Act.
30-1 Rules adopted under this section shall include procedures for
30-2 monitoring a license or certificate holder who is ordered by the
30-3 Board to perform certain acts to ascertain that the license or
30-4 certificate holder performs the required acts and to identify and
30-5 monitor license or certificate holders who represent a risk to the
30-6 public.
30-7 SECTION 20. (a) The changes in law made by this Act
30-8 relating to an administrative or civil penalty that may be imposed
30-9 apply only to a violation of the Psychologists' Certification and
30-10 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes) or a
30-11 rule or order adopted by the Texas State Board of Examiners of
30-12 Psychologists that occurs on or after the effective date of this
30-13 Act. A violation occurs on or after the effective date of this Act
30-14 only if each element of the violation occurs on or after that date.
30-15 A violation that occurs before the effective date of this Act is
30-16 governed by the law in effect on the date the violation occurred,
30-17 and the former law is continued in effect for this purpose.
30-18 (b) As the terms of members of the Texas State Board of
30-19 Examiners of Psychologists expire or as a vacancy occurs on the
30-20 board, the governor shall appoint members to the board to achieve,
30-21 as soon as possible, the membership plan prescribed for the board
30-22 by this Act.
30-23 (c) The changes in law made by this Act in the
30-24 qualifications of members of the Texas State Board of Examiners of
30-25 Psychologists do not affect the entitlement of a member appointed
30-26 before September 1, 1993, to continue to hold office on the board
30-27 for the term for which the member was appointed. The changes in
31-1 the qualifications apply only to a member appointed on or after
31-2 September 1, 1993.
31-3 SECTION 21. Section 26, Psychologists' Certification and
31-4 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
31-5 repealed.
31-6 SECTION 22. This Act takes effect September 1, 1993.
31-7 SECTION 23. The importance of this legislation and the
31-8 crowded condition of the calendars in both houses create an
31-9 emergency and an imperative public necessity that the
31-10 constitutional rule requiring bills to be read on three several
31-11 days in each house be suspended, and this rule is hereby suspended.