1-1 By: Parker S.B. No. 1424
1-2 (In the Senate - Filed April 26, 1993; April 27, 1993, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 May 6, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; May 6, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Zaffirini x
1-10 Ellis x
1-11 Madla x
1-12 Moncrief x
1-13 Nelson x
1-14 Patterson x
1-15 Shelley x
1-16 Truan x
1-17 Wentworth x
1-18 COMMITTEE SUBSTITUTE FOR S.B. No. 1424 By: Moncrief
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the regulation of psychologists and to the continuation
1-22 of the Texas State Board of Examiners of Psychologists; providing
1-23 penalties.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Subsection (c), Section 4, Psychologists'
1-26 Certification and Licensing Act (Article 4512c, Vernon's Texas
1-27 Civil Statutes), is amended to read as follows:
1-28 (c) Appointments to the Board shall be made without regard
1-29 to the race, color <creed>, disability, sex, religion, age, or
1-30 national origin of the appointees.
1-31 SECTION 2. Section 4a, Psychologists' Certification and
1-32 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
1-33 amended to read as follows:
1-34 Sec. 4a. Sunset provision. The Texas State Board of
1-35 Examiners of Psychologists is subject to Chapter 325, Government
1-36 Code (Texas Sunset Act). Unless continued in existence as provided
1-37 by that chapter, the Board is abolished and this Act expires
1-38 September 1, 2005 <1993>.
1-39 SECTION 3. Subsections (b), (c), (d), (e), (g), and (h),
1-40 Section 5, Psychologists' Certification and Licensing Act (Article
1-41 4512c, Vernon's Texas Civil Statutes), are amended to read as
1-42 follows:
1-43 (b) Four <Six> members must be persons certified as
1-44 psychologists under this Act, who have engaged in independent
1-45 practice, teaching, or research in psychology for a period of at
1-46 least five years. To assure adequate representation of the diverse
1-47 fields of psychology, the governor shall so make his appointments
1-48 that at least two of these members are engaged in rendering
1-49 services in psychology, at least one of these members is engaged in
1-50 research in psychology, and at least one of these members is a
1-51 member of the faculty of a training institution in psychology.
1-52 (c) Two members <One member> must be licensed <certified> as
1-53 <a> psychological associates <associate> under this Act for at
1-54 least five years.
1-55 (d) Three <Two> members must be representatives of the
1-56 general public. A person is not eligible for appointment as a
1-57 public member of the Board if the person or the person's spouse:
1-58 (1) is registered, certified, or licensed by an
1-59 occupational regulatory agency in the field of health services
1-60 <care>;
1-61 (2) is employed by or participates in the management
1-62 of a business entity or other organization regulated by the Board
1-63 or receiving funds from the Board <that provides health-care
1-64 services or that sells, manufactures, or distributes health-care
1-65 supplies or equipment>; <or>
1-66 (3) owns or<,> controls, <or has,> directly or
1-67 indirectly, more than a 10 percent interest in a business entity or
1-68 other organization regulated by the Board or receiving funds from
2-1 the Board; or
2-2 (4) uses or receives a substantial amount of tangible
2-3 goods, services, or funds from the Board, other than compensation
2-4 or reimbursement authorized by law for Board membership,
2-5 attendance, or expenses <that provides health-care services or that
2-6 sells, manufactures, or distributes health-care supplies or
2-7 equipment>.
2-8 (e)(1) It is a ground for removal from the Board if a
2-9 member:
2-10 (A) <(1)> does not have at the time of
2-11 appointment the qualifications required by Subsection (a), (b),
2-12 (c), or (d) of this section <for appointment to the Board>;
2-13 (B) <(2)> does not maintain during the service
2-14 on the Board the qualifications required by Subsection (a), (b),
2-15 (c), or (d) of this section <for appointment to the Board>;
2-16 (C) <(3)> violates a prohibition established by
2-17 Subsection (g) or (h) of this section; <or>
2-18 (D) cannot discharge the member's duties for a
2-19 substantial part of the term for which the member is appointed
2-20 because of illness or disability; or
2-21 (E) is absent from more than half <(4) does not
2-22 attend at least one-half> of the regularly scheduled Board meetings
2-23 that the member is eligible to attend during <held by the Board in>
2-24 a calendar year unless the absence is excused by a majority vote<,
2-25 excluding meetings held while the person was not a member> of the
2-26 Board.
2-27 (2) The validity of an action of the Board is not
2-28 affected by the fact that it is taken when a ground for removal of
2-29 a Board member exists.
2-30 (3) If the executive director has knowledge that a
2-31 potential ground for removal exists, the executive director shall
2-32 notify the governor and the attorney general that a potential
2-33 ground for removal exists.
2-34 (g)(1) An <A member or employee of the Board may not be an>
2-35 officer, employee, or paid consultant of a Texas trade association
2-36 in the <psychology> field of health services may not be a member or
2-37 employee of the Board who is exempt from the state's position
2-38 classification plan or is compensated at or above the amount
2-39 prescribed by the General Appropriations Act for step 1, salary
2-40 group 17, of the position classification salary schedule.
2-41 (2) A person who is the spouse of an officer, manager,
2-42 or paid consultant of a Texas trade association in the field of
2-43 health services may not be a Board member and may not be an
2-44 employee of the Board who is exempt from the state's position
2-45 classification plan or is compensated at or above the amount
2-46 prescribed by the General Appropriations Act for step 1, salary
2-47 group 17, of the position classification salary schedule.
2-48 (3) For the purposes of this subsection, a Texas trade
2-49 association is a nonprofit, cooperative, and voluntarily joined
2-50 association of business or professional competitors in this state
2-51 designed to assist its members and its industry or profession in
2-52 dealing with mutual business or professional problems and in
2-53 promoting their common interest<. A member or employee of the
2-54 Board may not be related within the second degree by affinity or
2-55 within the second degree by consanguinity, as determined under
2-56 Article 5996h, Revised Statutes, to a person who is an officer,
2-57 employee, or paid consultant of a trade association in the
2-58 regulated industry>.
2-59 (h) A person <who is required to register as a lobbyist
2-60 under Chapter 305, Government Code,> may not serve as a member of
2-61 the board or act as the general counsel to the Board if the person
2-62 is required to register as a lobbyist under Chapter 305, Government
2-63 Code, and its subsequent amendments, because of the person's
2-64 activities for compensation on behalf of a profession related to
2-65 the operation of the Board.
2-66 SECTION 4. Section 7, Psychologists' Certification and
2-67 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
2-68 amended to read as follows:
2-69 Sec. 7. Organization and Meetings of the Board. (a) The
2-70 Board shall hold a regular annual meeting at which it shall select
3-1 from its members a chairperson and a vice-chairperson. Other
3-2 regular meetings shall be held at such times as the rules of the
3-3 Board may provide but not less than two times a year. Special
3-4 meetings may be held at such times as may be deemed necessary or
3-5 advisable by the Board or a majority of its members. Reasonable
3-6 notice of all meetings shall be given in the manner prescribed by
3-7 the rules of the Board. A quorum of the Board shall consist of a
3-8 majority of its members.
3-9 (b) The executive director of the Board shall be employed by
3-10 the Board and shall hold that position at the pleasure of the
3-11 Board. The Board may employ such other persons as it deems
3-12 necessary or desirable, including investigators, lawyers,
3-13 consultants, and administrative staff, to carry out the provisions
3-14 of this Act.
3-15 (c) The Board shall develop and implement policies that
3-16 clearly define the respective responsibilities of the Board and the
3-17 staff of the Board.
3-18 (d) The Board shall adopt and have an official seal.
3-19 SECTION 5. Subsections (c), (d), (e), (j), (k), and (l),
3-20 Section 8, Psychologists' Certification and Licensing Act (Article
3-21 4512c, Vernon's Texas Civil Statutes), are amended to read as
3-22 follows:
3-23 (c) The Board shall prepare information of public <consumer>
3-24 interest describing the <regulatory> functions of the Board and
3-25 <describing> the Board's procedures by which <consumer> complaints
3-26 are filed with and resolved by the Board. The Board shall make
3-27 information available to the <general> public and appropriate state
3-28 agencies.
3-29 (d) The Board by rule shall establish methods by which
3-30 consumers and service recipients are notified of <Each written
3-31 contract for services in this state of a licensed or certified
3-32 psychologist must contain> the name, mailing address, and telephone
3-33 number of the Board for the purpose of directing complaints to the
3-34 Board. The Board may provide for that notification:
3-35 (1) on each registration form, application, or written
3-36 contract for services of an individual or entity regulated by the
3-37 Board;
3-38 (2) on a sign prominently displayed in the place of
3-39 business of each individual or entity regulated by the Board; or
3-40 (3) in a bill for service provided by an individual or
3-41 entity regulated by the Board.
3-42 (e) The Board shall list along with its regular telephone
3-43 number the toll-free telephone number that may be called to present
3-44 a complaint about a health professional if the toll-free number is
3-45 established under other state law <There shall at all times be
3-46 prominently displayed in the place of business of each licensee
3-47 regulated under this Act a sign containing the name, mailing
3-48 address, and telephone number of the Board and a statement
3-49 informing consumers that complaints against licensees can be
3-50 directed to the Board>.
3-51 (j) The Board shall establish mandatory <may recognize,
3-52 prepare, or administer> continuing education programs for persons
3-53 regulated by the Board under this Act. The Board by rule shall
3-54 establish a minimum number of hours of continuing education
3-55 required to renew a license or certificate under this Act. The
3-56 Board may assess the continuing education needs of license or
3-57 certificate holders and may require license or certificate holders
3-58 to attend continuing education courses specified by the Board. The
3-59 Board by rule shall develop a process to evaluate and approve
3-60 continuing education courses. The Board shall identify the key
3-61 factors for the competent performance by a license or certificate
3-62 holder of the license or certificate holder's professional duties.
3-63 The Board shall adopt a procedure to assess a license or
3-64 certificate holder's participation in continuing education programs
3-65 <Participation in the programs is voluntary>.
3-66 (k) The executive director or the executive director's
3-67 designee <Board> shall develop an intraagency career ladder
3-68 program<, one part of which shall be the intraagency posting of
3-69 each job opening with the Board in a non-entry-level position>.
3-70 The program shall require intraagency postings of all
4-1 non-entry-level positions concurrently with <posting shall be made
4-2 at least 10 days before> any public posting <is made>.
4-3 (l) The executive director or the executive director's
4-4 designee <Board> shall develop a system of annual performance
4-5 evaluations <of the Board's employees based on measurable job
4-6 tasks>. All <Any> merit pay for Board employees must <authorized
4-7 by the Board shall> be based on the system established under this
4-8 subsection.
4-9 SECTION 6. The Psychologists' Certification and Licensing
4-10 Act (Article 4512c, Vernon's Texas Civil Statutes), is amended by
4-11 adding Sections 8A, 8B, 8C, and 8D to read as follows:
4-12 Sec. 8A. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
4-13 executive director or the executive director's designee shall
4-14 prepare and maintain a written policy statement to ensure
4-15 implementation of a program of equal employment opportunity under
4-16 which all personnel transactions are made without regard to race,
4-17 color, disability, sex, religion, age, or national origin. The
4-18 policy statement must include:
4-19 (1) personnel policies, including policies relating to
4-20 recruitment, evaluation, selection, application, training, and
4-21 promotion of personnel that are in compliance with the Commission
4-22 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
4-23 and its subsequent amendments;
4-24 (2) a comprehensive analysis of the Board work force
4-25 that meets federal and state guidelines;
4-26 (3) procedures by which a determination can be made of
4-27 significant underutilization in the Board work force of all persons
4-28 for whom federal or state guidelines encourage a more equitable
4-29 balance; and
4-30 (4) reasonable methods to appropriately address those
4-31 areas of underutilization.
4-32 (b) A policy statement prepared under Subsection (a) of this
4-33 section must cover an annual period, be updated annually, be
4-34 reviewed by the Commission on Human Rights for compliance with
4-35 Subsection (a)(1) of this section, and be filed with the governor's
4-36 office.
4-37 (c) The governor's office shall deliver a biennial report to
4-38 the legislature based on the information received under Subsection
4-39 (b) of this section. The report may be made separately or as part
4-40 of other biennial reports to the legislature.
4-41 Sec. 8B. PUBLIC PARTICIPATION IN BOARD HEARINGS. The Board
4-42 shall develop and implement policies that provide the public with a
4-43 reasonable opportunity to appear before the Board and to speak on
4-44 any issue under the jurisdiction of the Board.
4-45 Sec. 8C. PROGRAM ACCESSIBILITY. The Board shall prepare and
4-46 maintain a written plan that describes how a person who does not
4-47 speak English can be provided reasonable access to the Board's
4-48 programs. The Board shall also comply with federal and state laws
4-49 for program and facility accessibility.
4-50 Sec. 8D. TRAINING AND GUIDELINES FOR MEMBERS OF THE BOARD.
4-51 (a) The Board shall establish a training program for the members
4-52 of the Board.
4-53 (b) Before a member of the Board may assume the member's
4-54 duties and before the member may be confirmed by the senate, the
4-55 member must complete at least one course of the training program
4-56 established under this section.
4-57 (c) A training program established under this section shall
4-58 provide information to a participant regarding:
4-59 (1) the enabling legislation that created the Board;
4-60 (2) the programs operated by the Board;
4-61 (3) the role and functions of the Board;
4-62 (4) the rules of the Board with an emphasis on the
4-63 rules that relate to disciplinary and investigatory authority;
4-64 (5) the current budget for the Board;
4-65 (6) the results of the most recent formal audit of the
4-66 Board;
4-67 (7) the requirements of the:
4-68 (A) open meetings law, Chapter 271, Acts of the
4-69 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
4-70 Texas Civil Statutes), and its subsequent amendments;
5-1 (B) open records law, Chapter 424, Acts of the
5-2 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
5-3 Texas Civil Statutes), and its subsequent amendments; and
5-4 (C) Administrative Procedure and Texas Register
5-5 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
5-6 subsequent amendments;
5-7 (8) the requirements of the conflict of interest laws
5-8 and other laws relating to public officials; and
5-9 (9) any applicable ethics policies adopted by the
5-10 Board or the Texas Ethics Commission.
5-11 (d) In developing the training requirements provided for in
5-12 this section, the Board shall consult with the governor's office,
5-13 the attorney general's office, and the Texas Ethics Commission.
5-14 (e) In the event that another state agency or entity is
5-15 given the authority to establish the training requirements, the
5-16 Board shall allow that training in lieu of developing its own
5-17 program.
5-18 SECTION 7. Section 9, Psychologists' Certification and
5-19 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
5-20 amended to read as follows:
5-21 Sec. 9. Receipts and Disbursements. All money paid to the
5-22 Board <The executive director of the Board shall receive and
5-23 account for all monies derived> under this Act<. The executive
5-24 director> shall be deposited in the state treasury <pay these
5-25 monies weekly to the State Treasurer who shall keep them in a
5-26 separate fund to be known as the "Psychologists Licensing Fund."
5-27 Monies may be paid out of this fund only by warrant drawn by the
5-28 State Comptroller upon the State Treasurer, upon itemized voucher,
5-29 approved by the chairperson of the Board or the executive director
5-30 of the Board. The financial transactions of the Psychologists
5-31 Licensing Fund are subject to audit by the Auditor of the State of
5-32 Texas in accordance with Chapter 321, Government Code. The
5-33 executive director of the Board shall give a surety bond for the
5-34 faithful performance of his duties to the governor in the sum of
5-35 Ten Thousand Dollars ($10,000.00) or an amount recommended by the
5-36 State Auditor. The premium for this bond shall be paid out of the
5-37 Psychologists Licensing Fund. The Board may make expenditures from
5-38 this fund for any purpose which is reasonably necessary to carry
5-39 out the provisions of this Act, including the advance payment of an
5-40 amount not to exceed 80 percent of the travel expenses of a witness
5-41 called by the Board to testify on the Board's behalf>.
5-42 SECTION 8. Section 10, Psychologists' Certification and
5-43 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
5-44 amended to read as follows:
5-45 Sec. 10. ANNUAL REPORT OF THE BOARD. The <As soon as
5-46 practicable after the close of each fiscal year, the> Board shall
5-47 file annually with <submit a report to> the governor and the
5-48 presiding officer of each House of the Legislature a complete and
5-49 detailed written report accounting for all funds received and
5-50 disbursed by <concerning the work of> the Board during the
5-51 preceding fiscal year. The annual report must be in the form and
5-52 reported in the time provided by the General Appropriations Act.
5-53 SECTION 9. Subsection (d), Section 11, Psychologists'
5-54 Certification and Licensing Act (Article 4512c, Vernon's Texas
5-55 Civil Statutes), is amended to read as follows:
5-56 (d) In addition to the requirements of Subsection (b) or (c)
5-57 of this section, the applicant must meet the following
5-58 qualifications:
5-59 (1) the applicant has attained the age of majority;
5-60 (2) the applicant is of good moral character;
5-61 (3) in the judgment of the Board, the applicant is
5-62 physically and mentally competent to render psychological services
5-63 with reasonable skill and safety and is afflicted with no disease
5-64 or condition, either mental or physical, which would impair
5-65 competency to render psychological services; and
5-66 (4) the applicant:
5-67 (A) has not been convicted of a felony or a
5-68 crime involving moral turpitude;
5-69 (B) does not use drugs or intoxicating liquors to
5-70 an extent that affects the applicant's professional competency;
6-1 (C) has not been guilty of fraud or deceit in
6-2 making the application;
6-3 (D) except as provided by Section 15B of this
6-4 Act, has not aided or abetted a person, not a licensed
6-5 psychologist, in representing that person as a psychologist in this
6-6 state;
6-7 (E) except as provided by Section 15B of this
6-8 Act, has not represented himself or herself to be a psychologist
6-9 licensed in this state at a time he or she was not licensed to
6-10 practice psychology in this state, or practiced psychology in this
6-11 state without a license to practice psychology in this state.<;>
6-12 SECTION 10. Subsection (a), Section 14, Psychologists'
6-13 Certification and Licensing Act (Article 4512c, Vernon's Texas
6-14 Civil Statutes), is amended to read as follows:
6-15 (a) The Board shall administer examinations to qualified
6-16 applicants for certification at least once a year. The Board shall
6-17 have the written portion of the examination, if any, validated by
6-18 an independent testing professional. The Board shall determine the
6-19 subject and scope of the examinations and establish appropriate
6-20 fees for examinations administered. Part of the examinations shall
6-21 test applicant knowledge of the discipline and profession of
6-22 psychology and part shall test applicant knowledge of the laws and
6-23 rules governing the profession of psychology in this state. This
6-24 latter part of the examination is to be known as the Board's
6-25 jurisprudence examination. An applicant who fails his examination
6-26 may be reexamined at intervals specified by the Board upon payment
6-27 of another examination fee corresponding to the examination failed.
6-28 SECTION 11. Section 15A, Psychologists' Certification and
6-29 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
6-30 amended to read as follows:
6-31 Sec. 15A. Endorsement <Reciprocity>. (a) The Board may
6-32 grant a provisional license or certificate to an <An> applicant <is
6-33 entitled to certification or licensure> on submission to the Board
6-34 of an application in the form prescribed by the Board and payment
6-35 of the required application fees if:
6-36 (1) the individual is licensed, certified, or
6-37 registered as a psychologist or psychological associate by another
6-38 state, the District of Columbia, or a commonwealth or territory of
6-39 the United States and is in good standing with the regulatory
6-40 agency of that jurisdiction;
6-41 (2) the requirements for licensing, certification, or
6-42 registration in the other jurisdiction are substantially equal to
6-43 those prescribed by this Act;
6-44 (3) <the individual has engaged in the practice of
6-45 psychology for not less than five years on the date of application
6-46 for certification; and>
6-47 <(4)> the individual has passed a national or other
6-48 <the Board's jurisprudence> examination recognized by the Board
6-49 relating to psychology; and
6-50 (4) the individual is sponsored by a person licensed
6-51 or certified by the Board under this Act with whom the provisional
6-52 license or certificate holder may practice under this section.
6-53 (b) An applicant for a provisional license or certificate
6-54 may be excused from the requirement of Subsection (a)(4) of this
6-55 section if the Board determines that compliance with that
6-56 subsection constitutes a hardship to the applicant.
6-57 (c) A provisional license or certificate is valid until the
6-58 date the Board approves or denies the provisional license or
6-59 certificate holder's application for a license or certificate. The
6-60 Board shall issue a license or certificate under this Act to the
6-61 holder of a provisional license or certificate under this section
6-62 if:
6-63 (1) the provisional license or certificate holder
6-64 passes the examination required by Section 14 of this Act;
6-65 (2) the Board verifies that the provisional license or
6-66 certificate holder has the academic and experience requirements for
6-67 a license or certificate under this Act; and
6-68 (3) the provisional license or certificate holder
6-69 satisfies any other license or certification requirements under
6-70 this Act.
7-1 (d) The Board must complete the processing of a provisional
7-2 license or certificate holder's application for a license or
7-3 certificate not later than the 180th day after the date the
7-4 provisional license or certificate is issued.
7-5 (e) The Board may adopt rules for the provisional
7-6 certification or licensing of an individual who holds a valid
7-7 license or the equivalent from another country.
7-8 SECTION 12. Section 15B, Psychologists' Certification and
7-9 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
7-10 amended to read as follows:
7-11 Sec. 15B. RECIPROCITY <TEMPORARY PERMIT>. The Board may
7-12 enter into and implement agreements for reciprocal licensing with
7-13 other jurisdictions if the requirements for licensing,
7-14 certification, or registration in the other jurisdiction are
7-15 substantially equal to those prescribed by this Act. <(a) An
7-16 applicant for certification or licensure by reciprocity under
7-17 Section 15A of this Act may apply for a temporary permit to
7-18 authorize the applicant to practice psychology in this state.>
7-19 <(b) A person may apply for a temporary permit by completing
7-20 an application and paying a temporary permit fee prescribed by the
7-21 Board.>
7-22 <(c) The board shall adopt rules for the issuance of
7-23 temporary permits.>
7-24 <(d) A temporary permit issued under this section does not
7-25 constitute a vested property right.>
7-26 SECTION 13. Section 16, Psychologists' Certification and
7-27 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
7-28 amended to read as follows:
7-29 Sec. 16. Fees. (a) The <fees shall be fixed by the> Board
7-30 by rule shall establish fees in amounts that are reasonable and
7-31 necessary to produce sufficient revenue to cover the costs of
7-32 administering this Act.
7-33 (b) The fees set by the Board may be adjusted so that the
7-34 total fees collected are sufficient to meet the expenses of
7-35 administering this Act. The Board may not set a fee for an amount
7-36 less than the amount of that fee on September 1, 1993 <The Board
7-37 shall not maintain unnecessary fund balances, and fee amount shall
7-38 be set in accordance with this requirement>.
7-39 SECTION 14. Subsections (b) and (c), Section 17,
7-40 Psychologists' Certification and Licensing Act (Article 4512c,
7-41 Vernon's Texas Civil Statutes), are amended to read as follows:
7-42 (b) <Certificates and licenses will be renewed no less than
7-43 once every two years.> Unless otherwise provided by board rule,
7-44 certificates and licenses expire on December 31st in the
7-45 <appropriate> year following their issuance or renewal and are
7-46 invalid thereafter unless renewed. The Board by rule may adopt a
7-47 system under which certificates or licenses expire on various dates
7-48 during the year. For the year in which the expiration date is
7-49 changed, certification or licensing fees shall be prorated so that
7-50 each certificate or license holder must pay only that portion of
7-51 the fee that is allocable to the number of months during which the
7-52 certificate or license is valid. On renewal of the certificate or
7-53 license on the new expiration date, the full certification or
7-54 licensing fee is payable.
7-55 (c) <The Board shall notify every person certified or
7-56 licensed under this Act of the date of expiration of his
7-57 certificate or license and the amount of the renewal fee.> A
7-58 person may renew an unexpired certificate or license by paying to
7-59 the Board before the expiration date of the certificate or license
7-60 the required renewal fee. If a person's certificate or license has
7-61 been expired for <not longer than> 90 days or less, the person may
7-62 renew the certificate or license by paying to the Board the
7-63 required renewal fee and a fee that is one-half of the examination
7-64 fee for the certificate or license. If a person's certificate or
7-65 license has been expired for longer than 90 days but less than one
7-66 year <two years>, the person may renew the certificate or license
7-67 by paying to the Board all unpaid renewal fees and a fee that is
7-68 equal to the examination fee for the certificate or license. If a
7-69 person's certificate or license has been expired for one year <two
7-70 years> or longer, the person may not renew the certificate or
8-1 license. The person may obtain a new certificate or license by
8-2 submitting to reexamination and complying with the requirements and
8-3 procedures for obtaining an original certificate or license.
8-4 However, the Board may renew without reexamination an expired
8-5 license or certificate of a person who was licensed or certified in
8-6 this state, moved to another state, and is currently licensed or
8-7 certified and has been in practice in the other state for the two
8-8 years preceding application. The person must pay to the Board a
8-9 fee that is equal to the examination fee for the license or
8-10 certificate. At least 30 days before the expiration of a person's
8-11 license or certificate, the Board shall send written notice of the
8-12 impending license or certificate expiration to the person at the
8-13 license or certificate holder's last known address according to the
8-14 records of the Board.
8-15 SECTION 15. Section 19, Psychologists' Certification and
8-16 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
8-17 amended to read as follows:
8-18 Sec. 19. SUB-DOCTORAL LICENSURE <CERTIFICATION>. The Board
8-19 shall set standards for qualification and issue licenses
8-20 <certificates of qualification> for sub-doctoral levels of
8-21 psychological personnel. Standards, qualifications, and other
8-22 rules set by the Board for these personnel must be developed with
8-23 the advice of the Psychological Associate Advisory Committee as
8-24 specified elsewhere in this Act. Sub-doctoral personnel must have
8-25 a master's degree in a program that is primarily psychological in
8-26 nature in an accredited university or college. Sub-doctoral levels
8-27 shall be designated by a title(s) which includes the adjective
8-28 "psychological" followed by a noun such as "associate,"
8-29 "assistant," "examiner," "technician," etc.
8-30 SECTION 16. The Psychologists' Certification and Licensing
8-31 Act (Article 4512c, Vernon's Texas Civil Statutes), is amended by
8-32 adding Section 19A to read as follows:
8-33 Sec. 19A. ADVISORY COMMITTEE. (a) The Psychological
8-34 Associate Advisory Committee is created as an advisory committee to
8-35 the Board. The committee consists of six members appointed by the
8-36 governor as follows:
8-37 (1) four members who are licensed psychological
8-38 associates; and
8-39 (2) two members who are members of the general public
8-40 who are not licensed in the field of health care. To be eligible
8-41 for appointment as a public member, a person must comply with
8-42 public membership restrictions in Section 5 of this Act.
8-43 (b) Appointments to the committee shall be made without
8-44 regard to the race, color, disability, sex, religion, age, or
8-45 national origin of the appointees.
8-46 (c) A person who is required to register as a lobbyist under
8-47 Chapter 305, Government Code, and its subsequent amendments may not
8-48 serve as a member of the committee.
8-49 (d) It is a ground for removal from the committee if a
8-50 member fails to attend at least one-half of the regularly scheduled
8-51 committee meetings held in a calendar year.
8-52 (e) Members of the advisory committee hold office for
8-53 staggered terms of six years, with two members' terms expiring
8-54 February 1 of each odd-numbered year.
8-55 (f) The committee shall select its officers to serve
8-56 one-year terms.
8-57 (g) Each member of the committee is entitled to a per diem
8-58 as set by the legislative appropriation for each day that the
8-59 member engages in the business of the committee.
8-60 (h) The advisory committee is subject to the open meetings
8-61 law, Chapter 27, Acts of the 60th Legislature, Regular Session,
8-62 1967 (Article 6252-17, Vernon's Texas Civil Statutes), the open
8-63 records law, Chapter 424, Acts of the 63rd Legislature, Regular
8-64 Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes),
8-65 and the Administrative Procedure and Texas Register Act (Article
8-66 6252-13a, Vernon's Texas Civil Statutes), and any subsequent
8-67 amendments.
8-68 (i) The advisory committee shall develop and recommend rules
8-69 to the Board on the licensing and regulation of psychological
8-70 associates in but not limited to the following areas:
9-1 (1) license qualifications for psychological
9-2 associates;
9-3 (2) supervision requirements for psychological
9-4 associates practicing less than five years;
9-5 (3) scope of practice for psychological associates;
9-6 (4) schedule of disciplinary sanctions required by
9-7 Section 23 of this Act that will apply to psychological
9-8 associates;
9-9 (5) continuing education for psychological associates;
9-10 (6) proportional billing for services rendered by
9-11 licensees with less than five years experience; and
9-12 (7) guidelines, including additional educational
9-13 requirements, for practice without supervision for psychological
9-14 associates with at least five years of experience.
9-15 (j) On receiving the recommendations of the advisory
9-16 committee, the Board must approve or reject the proposed rules. If
9-17 the Board does not approve a rule developed by the advisory
9-18 committee, the Board shall indicate to the advisory committee the
9-19 reasons that the Board did not approve the rule and return the rule
9-20 to the advisory committee for further development.
9-21 SECTION 17. Section 20, Psychologists' Certification and
9-22 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
9-23 amended to read as follows:
9-24 Sec. 20. Representation as <a> Psychologist or<,>
9-25 Psychological Associate<, or Psychologist's Assistant> Prohibited.
9-26 A <After December 31, 1970, no> person may not <shall> represent
9-27 himself as a psychologist or psychological associate within the
9-28 meaning of this Act unless he is certified and registered under the
9-29 provisions of this Act.
9-30 SECTION 18. Section 22, Psychologists' Certification and
9-31 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
9-32 amended by adding Subsection (e) to read as follows:
9-33 Sec. 22. Exemptions. Nothing in this Act shall be construed
9-34 to apply to:
9-35 (a) the activities, services and use of official title on
9-36 the part of a person employed as a psychologist by any: (1)
9-37 governmental agency, (2) public school district, or (3) regionally
9-38 accredited institution of higher education provided such employee
9-39 is performing those duties for which he is employed by such agency,
9-40 district, or institution and within the confines of such agency,
9-41 district, or institution insofar as such activities and services
9-42 are a part of the duties of his office or position as a
9-43 psychologist with such agency, district, or institution; except
9-44 that persons employed as psychologists who offer or provide
9-45 psychological services to the public (other than lecture services)
9-46 for a fee, monetary or otherwise, over and above the salary that
9-47 they receive for the performance of their regular duties, and/or
9-48 persons employed as psychologists by organizations that sell
9-49 psychological services to the public (other than lecture services)
9-50 for a fee, monetary or otherwise must be licensed under the
9-51 provisions of this Act;
9-52 (b) the activities and services of a student, intern or
9-53 resident in psychology, pursuing a course of study in preparation
9-54 for the profession of psychology under qualified supervision in
9-55 recognized training institutions or facilities, if these activities
9-56 and services constitute a part of his supervised course of study,
9-57 provided that such an individual is designated by a title such as
9-58 "psychological intern," "psychological trainee," or others clearly
9-59 indicating such training status;
9-60 (c) the activities and services of members of other
9-61 professional groups licensed, certified, or registered by this
9-62 state, Christian Scientist practitioners who are duly recognized by
9-63 the Church of Christ Scientist as registered and published in the
9-64 Christian Science Journal, or duly ordained religions doing work of
9-65 a psychological nature consistent with their training and
9-66 consistent with any code of ethics of their respective professions,
9-67 provided that they do not represent themselves by any title or in
9-68 any manner prohibited by this Act;
9-69 (d) persons, other than psychologists licensed or certified
9-70 under this Act, who hold themselves out to the public as marriage
10-1 and family therapists or counselors and who provide counseling
10-2 exclusively related to marriage and family concerns and who hold a
10-3 master's or doctoral degree in the area of marriage and family
10-4 therapy from a college or university accredited under a system
10-5 utilized by the Texas College Coordinating Board and who abide by a
10-6 code of ethics recognized by their profession;
10-7 (e) the activities and services of persons employed by or
10-8 working as volunteers for charitable nonprofit organizations for
10-9 the activities and services they provide for that organization or
10-10 under the auspices of the organization, provided that they do not
10-11 represent themselves to be psychologists or describe their services
10-12 by the use of the term "psychological."<.>
10-13 SECTION 19. Section 23, Psychologists' Certification and
10-14 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
10-15 amended to read as follows:
10-16 Sec. 23. Revocation, Cancellation, or Suspension of License
10-17 or Certification; Civil Penalty. (a) The <Texas State> Board <of
10-18 Examiners of Psychologists> shall <have the right to cancel,>
10-19 revoke or<,> suspend a<, or refuse to renew the> license or
10-20 <certification of any psychologist or the> certificate, place on
10-21 probation a person whose license or certificate has been suspended,
10-22 <of any psychological associate> or reprimand a license or
10-23 certificate holder if the license or certificate holder <any
10-24 psychologist upon proof that the psychologist>:
10-25 (1) has been convicted of a felony or of a violation
10-26 of the law involving moral turpitude by any court; the conviction
10-27 of a felony shall be the conviction of any offense which if
10-28 committed within this state would constitute a felony under the
10-29 laws of this state; <or>
10-30 (2) uses drugs or intoxicating liquors to an extent
10-31 that affects his professional competency; <or>
10-32 (3) has been guilty of fraud or deceit in connection
10-33 with his services rendered as a psychologist; <or>
10-34 (4) except as provided by Section 15B of this Act, has
10-35 aided or abetted a person, not a licensed psychologist, in
10-36 representing that person as a psychologist within this state; <or>
10-37 (5) except as provided by Section 15B of this Act, has
10-38 represented himself or herself to be a psychologist licensed in
10-39 this state at a time he or she was not licensed to practice
10-40 psychology in this state, or practiced psychology in this state
10-41 without a license to practice psychology in this state; <or>
10-42 (6) violates a rule adopted <has been guilty of
10-43 unprofessional conduct as defined by the rules established> by the
10-44 Board; or
10-45 (7) violates a provision <for any cause for which the
10-46 Board shall be authorized to take that action by another section>
10-47 of this Act.
10-48 (b) If the Board proposes to refuse a person's application
10-49 for a license or certification, to suspend or revoke a person's
10-50 license or certificate, or to reprimand a person, the person is
10-51 entitled to a hearing before the State Office of Administrative
10-52 Hearings. The Board by rule shall adopt a broad schedule of
10-53 sanctions for violations under this Act. The State Office of
10-54 Administrative Hearings shall use the schedule for any sanction
10-55 imposed as the result of a hearing conducted by that office
10-56 <Board>.
10-57 (c) Proceedings for the refusal, suspension, or revocation
10-58 of a license or certificate or for the reprimand of a person are
10-59 governed by the Administrative Procedure and Texas Register Act, as
10-60 amended (Article 6252-13a, Vernon's Texas Civil Statutes).
10-61 (d) An appeal of an action of the Board is governed by the
10-62 Administrative Procedure and Texas Register Act, as amended
10-63 (Article 6252-13a, Vernon's Texas Civil Statutes). Judicial review
10-64 of an action of the Board shall be conducted under the substantial
10-65 evidence rule.
10-66 (e) A person who violates this Act or a rule or order
10-67 adopted by the Board under this Act is liable to the state for a
10-68 civil penalty of $1,000 for each day of violation. At the request
10-69 of the Board, the attorney general shall bring an action to recover
10-70 a civil penalty authorized under this subsection. A penalty
11-1 collected under this subsection shall be remitted to the
11-2 comptroller for deposit in the general revenue fund.
11-3 (f) In addition to the other disciplinary actions authorized
11-4 by this section, the Board may require that a license or
11-5 certificate holder who violates this Act participate in continuing
11-6 education programs. The Board shall specify the continuing
11-7 education programs that may be attended and the number of hours
11-8 that must be completed by an individual license or certificate
11-9 holder to fulfill the requirements of this subsection.
11-10 (g) If a license or certificate suspension is probated, the
11-11 Board may require the license or certificate holder to:
11-12 (1) report regularly to the Board on matters that are
11-13 the basis of the probation;
11-14 (2) limit practice to the areas prescribed by the
11-15 Board; or
11-16 (3) continue or review continuing professional
11-17 education until the license or certificate holder attains a degree
11-18 of skill satisfactory to the Board in those areas that are the
11-19 basis of the probation. <The Board shall have the right and may,
11-20 upon majority vote, rule that the order revoking, cancelling, or
11-21 suspending the psychologist's license or certification be probated
11-22 so long as the probationer conforms to such orders and rules as the
11-23 Board may set out as the terms of probation. The Board, at the
11-24 time of probation, shall set out the period of time which shall
11-25 constitute the probationary period. Provided further, that the
11-26 Board may at any time while the probationer remains on probation
11-27 hold a hearing, and upon majority vote, rescind the probation and
11-28 enforce the Board's original action in revoking, cancelling, or
11-29 suspending the psychologist's license or certification, the said
11-30 hearing to rescind the probation shall be called by the chairperson
11-31 of the Texas State Board of Examiners of Psychologists who shall
11-32 cause to be issued a notice setting a time and place for the
11-33 hearing and containing the charges or complaints against the
11-34 probationer, said notice to be served on the probationer or the
11-35 probationer's counsel at least ten (10) days prior to the time set
11-36 for the hearing. Service of notice of a board action is effected
11-37 by sending written notice by certified mail to the license holder's
11-38 address of record. At said hearing the respondent shall have the
11-39 right to appear either personally or by counsel or both, to produce
11-40 witnesses or evidence in the behalf of the respondent, to
11-41 cross-examine witnesses, and to have subpoenas issued by the Board.
11-42 The Board shall thereupon determine the charges upon their merits.
11-43 All charges, complaints, notices, orders, records, and publications
11-44 authorized or required by the terms of this Act shall be
11-45 privileged. The order revoking or rescinding the probation shall
11-46 not be subject to review or appeal.>
11-47 <(f) On application, the Board may reissue a certificate or
11-48 a license to a person whose certificate or license has been
11-49 cancelled or revoked. Such an application may not be made before
11-50 the expiration of one year after the date of the cancellation or
11-51 revocation or a period determined by the Board.>
11-52 SECTION 20. The Psychologists' Certification and Licensing
11-53 Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
11-54 adding Section 23A to read as follows:
11-55 Sec. 23A. ADMINISTRATIVE PENALTY. (a) The Board may impose
11-56 an administrative penalty against a person licensed or regulated
11-57 under this Act who violates this Act or a rule or order adopted
11-58 under this Act.
11-59 (b) The penalty for a violation may be in an amount not to
11-60 exceed $1,000. Each day a violation continues or occurs is a
11-61 separate violation for purposes of imposing a penalty.
11-62 (c) The amount of the penalty shall be based on:
11-63 (1) the seriousness of the violation, including the
11-64 nature, circumstances, extent, and gravity of any prohibited acts,
11-65 and the hazard or potential hazard created to the health, safety,
11-66 or economic welfare of the public;
11-67 (2) the economic harm to property or the environment
11-68 caused by the violation;
11-69 (3) the history of previous violations;
11-70 (4) the amount necessary to deter future violations;
12-1 (5) efforts to correct the violation; and
12-2 (6) any other matter that justice may require.
12-3 (d) An executive director who determines that a violation
12-4 has occurred may issue to the Board a report that states the facts
12-5 on which the determination is based and the director's
12-6 recommendation on the imposition of a penalty, including a
12-7 recommendation on the amount of the penalty.
12-8 (e) Within 14 days after the date the report is issued, the
12-9 executive director shall give written notice of the report to the
12-10 person. The notice may be given by certified mail. The notice
12-11 must include a brief summary of the alleged violation and a
12-12 statement of the amount of the recommended penalty and must inform
12-13 the person that the person has a right to a hearing on the
12-14 occurrence of the violation, the amount of the penalty, or both the
12-15 occurrence of the violation and the amount of the penalty.
12-16 (f) Within 20 days after the date the person receives the
12-17 notice, the person in writing may accept the determination and
12-18 recommended penalty of the executive director or may make a written
12-19 request for a hearing on the occurrence of the violation, the
12-20 amount of the penalty, or both the occurrence of the violation and
12-21 the amount of the penalty.
12-22 (g) If the person accepts the determination and recommended
12-23 penalty of the executive director, the Board by order shall approve
12-24 the determination and impose the recommended penalty.
12-25 (h) If the person requests a hearing or fails to respond
12-26 timely to the notice, the executive director shall set a hearing
12-27 and give notice of the hearing to the person. The hearing shall be
12-28 held by an administrative law judge of the State Office of
12-29 Administrative Hearings. The administrative law judge shall make
12-30 findings of fact and conclusions of law and promptly issue to the
12-31 Board a proposal for a decision about the occurrence of the
12-32 violation and the amount of a proposed penalty. Based on the
12-33 findings of fact, conclusions of law, and proposal for a decision,
12-34 the Board by order may find that a violation has occurred and
12-35 impose a penalty or may find that no violation occurred.
12-36 (i) The notice of the Board's order given to the person
12-37 under the Administrative Procedure and Texas Register Act (Article
12-38 6252-13a, Vernon's Texas Civil Statutes) and its subsequent
12-39 amendments must include a statement of the right of the person to
12-40 judicial review of the order.
12-41 (j) Within 30 days after the date the Board's order is final
12-42 as provided by Section 16(c), Administrative Procedure and Texas
12-43 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
12-44 its subsequent amendments, the person shall:
12-45 (1) pay the amount of the penalty;
12-46 (2) pay the amount of the penalty and file a petition
12-47 for judicial review contesting the occurrence of the violation, the
12-48 amount of the penalty, or both the occurrence of the violation and
12-49 the amount of the penalty; or
12-50 (3) without paying the amount of the penalty, file a
12-51 petition for judicial review contesting the occurrence of the
12-52 violation, the amount of the penalty, or both the occurrence of the
12-53 violation and the amount of the penalty.
12-54 (k) Within the 30-day period, a person who acts under
12-55 Subsection (j)(3) of this section may:
12-56 (1) stay enforcement of the penalty by:
12-57 (A) paying the amount of the penalty to the
12-58 court for placement in an escrow account; or
12-59 (B) giving to the court a supersedeas bond
12-60 approved by the court for the amount of the penalty and that is
12-61 effective until all judicial review of the Board's order is final;
12-62 or
12-63 (2) request the court to stay enforcement of the
12-64 penalty by:
12-65 (A) filing with the court a sworn affidavit of
12-66 the person stating that the person is financially unable to pay the
12-67 amount of the penalty and is financially unable to give the
12-68 supersedeas bond; and
12-69 (B) giving a copy of the affidavit to the
12-70 executive director by certified mail.
13-1 (l) An executive director who receives a copy of an
13-2 affidavit under Subsection (k)(2) of this section may file, with
13-3 the court within five days after the date the copy is received, a
13-4 contest to the affidavit. The court shall hold a hearing on the
13-5 facts alleged in the affidavit as soon as practicable and shall
13-6 stay the enforcement of the penalty on finding that the alleged
13-7 facts are true. The person who files an affidavit has the burden
13-8 of proving that the person is financially unable to pay the amount
13-9 of the penalty and to give a supersedeas bond.
13-10 (m) If the person does not pay the amount of the penalty and
13-11 the enforcement of the penalty is not stayed, the executive
13-12 director may refer the matter to the attorney general for
13-13 collection of the amount of the penalty.
13-14 (n) Judicial review of the order of the Board:
13-15 (1) is instituted by filing a petition as provided by
13-16 Section 19, Administrative Procedure and Texas Register Act
13-17 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
13-18 subsequent amendments; and
13-19 (2) is under the substantial evidence rule.
13-20 (o) If the court sustains the occurrence of the violation,
13-21 the court may uphold or reduce the amount of the penalty and order
13-22 the person to pay the full or reduced amount of the penalty. If
13-23 the court does not sustain the occurrence of the violation, the
13-24 court shall order that no penalty is owed.
13-25 (p) When the judgment of the court becomes final, the court
13-26 shall proceed under this subsection. If the person paid the amount
13-27 of the penalty and if that amount is reduced or is not upheld by
13-28 the court, the court shall order that the appropriate amount plus
13-29 accrued interest be remitted to the person. The rate of the
13-30 interest is the rate charged on loans to depository institutions by
13-31 the New York Federal Reserve Bank, and the interest shall be paid
13-32 for the period beginning on the date the penalty was paid and
13-33 ending on the date the penalty is remitted. If the person gave a
13-34 supersedeas bond and if the amount of the penalty is not upheld by
13-35 the court, the court shall order the release of the bond. If the
13-36 person gave a supersedeas bond and if the amount of the penalty is
13-37 reduced, the court shall order the release of the bond after the
13-38 person pays the amount.
13-39 (q) A penalty collected under this section shall be remitted
13-40 to the comptroller for deposit in the general revenue fund.
13-41 (r) All proceedings under this section are subject to the
13-42 Administrative Procedure and Texas Register Act (Article 6252-13a,
13-43 Vernon's Texas Civil Statutes) and its subsequent amendments.
13-44 SECTION 21. The Psychologists' Certification and Licensing
13-45 Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
13-46 adding Section 23B to read as follows:
13-47 Sec. 23B. TEMPORARY SUSPENSION. (a) An executive committee
13-48 of the Board, consisting of the presiding officer of the Board and
13-49 two other Board members appointed by the presiding officer, may
13-50 temporarily suspend the license or certificate of a license or
13-51 certificate holder under this Act if the executive committee
13-52 determines from the evidence or information presented to the
13-53 committee that the continued practice by the license or certificate
13-54 holder constitutes a continuing or imminent threat to the public
13-55 welfare.
13-56 (b) A temporary suspension authorized under Subsection (a)
13-57 of this section may also be ordered on a majority vote of the
13-58 Board.
13-59 (c) A license or certificate temporarily suspended under
13-60 this section may be suspended without notice or hearing if, at the
13-61 time the suspension is ordered, a hearing on whether disciplinary
13-62 proceedings under this Act should be initiated against the license
13-63 or certificate holder is scheduled to be held not later than the
13-64 14th day after the date of the suspension. A second hearing on the
13-65 suspended license or certificate shall be held not later than the
13-66 60th day after the date the suspension was ordered. If the second
13-67 hearing is not held in the time required by this subsection, the
13-68 suspended license or certificate is automatically reinstated.
13-69 (d) The Board by rule shall adopt procedures for the
13-70 temporary suspension of a license or certificate under this
14-1 section.
14-2 SECTION 22. Section 24, Psychologists' Certification and
14-3 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
14-4 amended to read as follows:
14-5 Sec. 24. Injunctions. The <Texas State> Board <of Examiners
14-6 of Psychologists> shall have the right to institute an action in
14-7 its own name to enjoin the violation of any provisions of this Act.
14-8 Said action for injunction shall be in addition to any other
14-9 action, proceeding or remedy authorized by law. The <Texas State>
14-10 Board <of Examiners of Psychologists> shall be represented by the
14-11 Attorney General or <and/or> the County or District Attorneys of
14-12 this state.
14-13 SECTION 23. Section 25, Psychologists' Certification and
14-14 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
14-15 amended to read as follows:
14-16 Sec. 25. Violations. Any person who<, after December 31,
14-17 1970,> represents himself to be a psychologist within this state
14-18 without being certified or licensed or exempted in accordance with
14-19 the provisions of this Act is guilty of a misdemeanor and, upon
14-20 conviction, shall be punished by a fine not less than Fifty Dollars
14-21 ($50.00) nor more than Five Hundred Dollars ($500.00), and by
14-22 imprisonment in county jail for not more than thirty (30) days.
14-23 Each day of violation is a separate offense.
14-24 SECTION 24. The Psychologists' Certification and Licensing
14-25 Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
14-26 adding Sections 25A, 25B, 25C, and 25D to read as follows:
14-27 Sec. 25A. COMPLAINT PROCEDURE IN GENERAL. (a) The Board
14-28 shall keep an information file about each complaint filed with the
14-29 Board. The Board's information file shall be kept current and
14-30 contain a record for each complaint of:
14-31 (1) all persons contacted in relation to the
14-32 complaint;
14-33 (2) a summary of findings made at each step of the
14-34 complaint process;
14-35 (3) an explanation of the legal basis and reason for a
14-36 complaint that is dismissed; and
14-37 (4) other relevant information.
14-38 (b) If a written complaint is filed with the Board that the
14-39 Board has authority to resolve, the Board, at least as frequently
14-40 as quarterly and until final disposition of the complaint, shall
14-41 notify the parties to the complaint of the status of the complaint
14-42 unless the notice would jeopardize an undercover investigation.
14-43 (c) The Board by rule shall adopt a form to standardize
14-44 information concerning complaints made to the Board. The Board by
14-45 rule shall prescribe information to be provided to a person when
14-46 the person files a complaint with the Board.
14-47 (d) The Board shall provide reasonable assistance to a
14-48 person who wishes to file a complaint with the Board.
14-49 Sec. 25B. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
14-50 Board shall adopt rules concerning the investigation of a complaint
14-51 filed with the Board. The rules adopted under this subsection
14-52 shall:
14-53 (1) distinguish between categories of complaints;
14-54 (2) ensure that complaints are not dismissed without
14-55 appropriate consideration;
14-56 (3) require that the Board be advised of a complaint
14-57 that is dismissed and that a letter be sent to the person who filed
14-58 the complaint explaining the action taken on the dismissed
14-59 complaint;
14-60 (4) ensure that the person who filed the complaint has
14-61 an opportunity to explain the allegations made in the complaint;
14-62 and
14-63 (5) prescribe guidelines concerning the categories of
14-64 complaints that require the use of a private investigator and the
14-65 procedures for the Board to obtain the services of a private
14-66 investigator.
14-67 (b) The Board shall dispose of all complaints in a timely
14-68 manner. The Board shall establish a schedule for conducting each
14-69 phase of a complaint that is under the control of the Board not
14-70 later than the 30th day after the date the complaint is received by
15-1 the Board. The schedule shall be kept in the information file for
15-2 the complaint, and all parties shall be notified of the projected
15-3 time requirements for pursuing the complaint. A change in the
15-4 schedule must be noted in the complaint information file, and all
15-5 parties to the complaint must be notified not later than the
15-6 seventh day after the date the change is made.
15-7 (c) The executive director of the Board shall notify the
15-8 Board of a complaint that extends beyond the time prescribed by the
15-9 Board for resolving the complaint so that the Board may take
15-10 necessary action on the complaint.
15-11 Sec. 25C. INFORMAL PROCEEDINGS. (a) The Board by rule
15-12 shall adopt procedures governing:
15-13 (1) informal disposition of a contested case under
15-14 Section 13(e), Administrative Procedure and Texas Register Act
15-15 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
15-16 subsequent amendments; and
15-17 (2) informal proceedings held in compliance with
15-18 Section 18(c), Administrative Procedure and Texas Register Act
15-19 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
15-20 subsequent amendments.
15-21 (b) Rules adopted under this section must provide the
15-22 complainant and the license or certificate holder an opportunity to
15-23 be heard and must require the presence of an attorney to advise the
15-24 Board or the Board's employees. The attorney must be a member of
15-25 the Board's legal staff, if the Board has a legal staff. If the
15-26 Board does not have a legal staff, the attorney must be a member of
15-27 the office of the attorney general.
15-28 Sec. 25D. MONITORING OF LICENSE OR CERTIFICATE HOLDER. The
15-29 Board by rule shall develop a system for monitoring license or
15-30 certificate holders' compliance with the requirements of this Act.
15-31 Rules adopted under this section shall include procedures for
15-32 monitoring a license or certificate holder who is ordered by the
15-33 Board to perform certain acts to ascertain that the license or
15-34 certificate holder performs the required acts and to identify and
15-35 monitor license or certificate holders who represent a risk to the
15-36 public.
15-37 SECTION 25. (a) The changes in law made by this Act
15-38 relating to an administrative or civil penalty that may be imposed
15-39 apply only to a violation of the Psychologists' Certification and
15-40 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes) or a
15-41 rule or order adopted by the Texas State Board of Examiners of
15-42 Psychologists that occurs on or after the effective date of this
15-43 Act. A violation occurs on or after the effective date of this Act
15-44 only if each element of the violation occurs on or after that date.
15-45 A violation that occurs before the effective date of this Act is
15-46 governed by the law in effect on the date the violation occurred,
15-47 and the former law is continued in effect for this purpose.
15-48 (b) As the terms of members of the Texas State Board of
15-49 Examiners of Psychologists expire or as a vacancy occurs on the
15-50 board, the governor shall appoint members to the board to achieve,
15-51 as soon as possible, the membership plan prescribed for the board
15-52 by this Act.
15-53 (c) The changes in law made by this Act in the
15-54 qualifications of members of the Texas State Board of Examiners of
15-55 Psychologists do not affect the entitlement of a member appointed
15-56 before September 1, 1993, to continue to hold office on the board
15-57 for the term for which the member was appointed. The changes in
15-58 the qualifications apply only to a member appointed on or after
15-59 September 1, 1993.
15-60 SECTION 26. (a) As soon as possible after the effective
15-61 date of the Act, the governor shall appoint the initial members of
15-62 the Psychological Associate Advisory Committee in accordance with
15-63 the requirements of this Act. In making the initial appointments,
15-64 the governor shall designate members to serve terms as follows:
15-65 (1) one psychological associate and one public member
15-66 serve for terms expiring February 1, 1995;
15-67 (2) two psychological associates serve for terms
15-68 expiring February 1, 1997; and
15-69 (3) one psychological associate and one public member
15-70 serve for terms expiring February 1, 1999.
16-1 (b) The Psychological Associate Advisory Committee shall
16-2 develop proposed rules for the consideration of the Texas State
16-3 Board of Examiners of Psychologists by February 1, 1994. The board
16-4 shall adopt rules relating to the licensure of psychological
16-5 associates by September 1, 1994.
16-6 (c) Until the rules recommended by the Psychological
16-7 Associate Advisory Committee are finally adopted by the Texas State
16-8 Board of Examiners of Psychologists, persons shall continue to be
16-9 certified as psychological associates according to the laws and
16-10 rules in effect as of August 31, 1993.
16-11 (d) Persons certified by the Texas State Board of Examiners
16-12 of Psychologists as psychological associates prior to the final
16-13 adoption of rules concerning the licensure of psychological
16-14 associates shall be issued a license as a psychological associate
16-15 without having to meet any new requirements of the board.
16-16 SECTION 27. Section 26, Psychologists' Certification and
16-17 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
16-18 repealed.
16-19 SECTION 28. This Act takes effect September 1, 1993.
16-20 SECTION 29. The importance of this legislation and the
16-21 crowded condition of the calendars in both houses create an
16-22 emergency and an imperative public necessity that the
16-23 constitutional rule requiring bills to be read on three several
16-24 days in each house be suspended, and this rule is hereby suspended.
16-25 * * * * *
16-26 Austin,
16-27 Texas
16-28 May 6, 1993
16-29 Hon. Bob Bullock
16-30 President of the Senate
16-31 Sir:
16-32 We, your Committee on Health and Human Services to which was
16-33 referred S.B. No. 1424, have had the same under consideration, and
16-34 I am instructed to report it back to the Senate with the
16-35 recommendation that it do not pass, but that the Committee
16-36 Substitute adopted in lieu thereof do pass and be printed.
16-37 Zaffirini,
16-38 Chair
16-39 * * * * *
16-40 WITNESSES
16-41 FOR AGAINST ON
16-42 ___________________________________________________________________
16-43 Name: Sarah Peet x
16-44 Representing: Psychological Associates
16-45 City: Austin
16-46 -------------------------------------------------------------------
16-47 Name: Susan Halseth x
16-48 Representing: TX Asso of Psychological Asso
16-49 City: Austin
16-50 -------------------------------------------------------------------
16-51 Name: Frances E. Dawson x
16-52 Representing: TX Asso of Psychological Asso
16-53 City: Dallas
16-54 -------------------------------------------------------------------
16-55 Name: Linda Kirby x
16-56 Representing: Self
16-57 City: Austin
16-58 -------------------------------------------------------------------
16-59 Name: Betty Alexander x
16-60 Representing: Self
16-61 City: Austin
16-62 -------------------------------------------------------------------
16-63 Name: Mary Hightower x
16-64 Representing: Self
16-65 City: Austin
16-66 -------------------------------------------------------------------
16-67 Name: Leah Inman Lee x
16-68 Representing: Self
16-69 City: Austin
16-70 -------------------------------------------------------------------
17-1 Name: Amy Bridges x
17-2 Representing: TX Asso for Psychological
17-3 City: Irving
17-4 -------------------------------------------------------------------
17-5 Name: Nolan Terrill x
17-6 Representing: TX Asso of Psychological Asso
17-7 City: Irving
17-8 -------------------------------------------------------------------
17-9 Name: Cathy Wecherling x
17-10 Representing: TX Asso of Psychological Asso
17-11 City: Dallas
17-12 -------------------------------------------------------------------
17-13 Name: Jodie Dunbar-Ray x
17-14 Representing: TX Asso of Psychological Asso
17-15 City: Austin
17-16 -------------------------------------------------------------------
17-17 Name: David White x
17-18 Representing: TX Psychological Asso
17-19 City: Austin
17-20 -------------------------------------------------------------------
17-21 FOR AGAINST ON
17-22 ___________________________________________________________________
17-23 Name: Don Caveness x
17-24 Representing: TX Psychological Asso
17-25 City: Austin
17-26 -------------------------------------------------------------------
17-27 Name: G. W. Angerstein x
17-28 Representing: Asso of Dallas School Psychol
17-29 City: Ft Worth
17-30 -------------------------------------------------------------------
17-31 Name: Charla Ann Baker x
17-32 Representing: Sunset Staff
17-33 City: Austin
17-34 -------------------------------------------------------------------
17-35 Name: Kaye Cummings x
17-36 Representing: TX Asso of Psychological Asso
17-37 City: Austin
17-38 -------------------------------------------------------------------
17-39 Name: Judy Miller x
17-40 Representing: TX Asso of Psychological Asso
17-41 City: Austin
17-42 -------------------------------------------------------------------
17-43 Name: Carmen Henderickson x
17-44 Representing: Self
17-45 City: Austin
17-46 -------------------------------------------------------------------
17-47 Name: Alice Bayless x
17-48 Representing: Self
17-49 City: Austin
17-50 -------------------------------------------------------------------
17-51 Name: Jean Tanous x
17-52 Representing: Self
17-53 City: Austin
17-54 -------------------------------------------------------------------