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  -------------------------------------------------------------------