By: Parker S.B. No. 1425
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of marriage and family therapists and to
1-2 the continuation and operation of the Texas State Board of
1-3 Examiners of Marriage and Family Therapists; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (a) and (b), Section 3, Licensed
1-6 Marriage and Family Therapist Act (Article 4512c-1, Vernon's Texas
1-7 Civil Statutes), are amended to read as follows:
1-8 (a) The Texas State Board of Examiners of Marriage and
1-9 Family Therapists is <an advisory body to the Texas Board of
1-10 Health. The board is> composed of nine members appointed by the
1-11 governor with the advice and consent of the senate. Four members
1-12 must be members of the public. Five members must be persons
1-13 eligible for a license under this Act, one of whom must be a
1-14 professional educator in marriage and family therapy. These
1-15 members must have engaged in the practice or education of marriage
1-16 and family therapy for at least five years or have 5,000 hours of
1-17 clinical experience in the practice of marriage and family therapy.
1-18 In making the appointments of the five members eligible for a
1-19 license under this Act, the governor shall consider recommendations
1-20 made by recognized professional associations of marriage and family
1-21 therapists in this state.
1-22 (b) Appointments to the board shall be made without regard
1-23 to the race, color, disability <handicap>, sex, religion, age, or
1-24 national origin of the appointee.
2-1 SECTION 2. Section 4, Licensed Marriage and Family Therapist
2-2 Act (Article 4512c-1, Vernon's Texas Civil Statutes), is amended to
2-3 read as follows:
2-4 Sec. 4. Sunset provision. <(a)> The Texas State Board of
2-5 Examiners of Marriage and Family Therapists is subject to Chapter
2-6 325, Government Code (Texas Sunset Act). Unless continued in
2-7 existence as provided by that chapter, the board is abolished and
2-8 this Act expires September 1, 2005 <1993>.
2-9 <(b) The board shall cooperate with the Sunset Advisory
2-10 Commission in the commission's review of those agencies that
2-11 license or regulate mental health professionals and will be
2-12 reviewed for the Regular Session of the 73rd Legislature in 1993.
2-13 The board shall assist the Sunset Advisory Commission in
2-14 determining the extent to which the agencies that license or
2-15 regulate mental health professionals should be combined into a
2-16 single agency.>
2-17 SECTION 3. Section 6, Licensed Marriage and Family Therapist
2-18 Act (Article 4512c-1, Vernon's Texas Civil Statutes), is amended to
2-19 read as follows:
2-20 Sec. 6. OFFICERS. The board shall elect a chair and
2-21 vice-chair from its members at the meeting of the board held
2-22 closest to August 31 of each year. The chair and vice-chair shall
2-23 serve as provided by board rules.
2-24 SECTION 4. Section 9, Licensed Marriage and Family Therapist
2-25 Act (Article 4512c-1, Vernon's Texas Civil Statutes), is amended to
2-26 read as follows:
2-27 Sec. 9. Restrictions on appointment, membership, and
3-1 employment. (a) A member of the board or an employee of the
3-2 department who performs functions for the board may not<:>
3-3 <(1) be an officer, employee, or paid consultant of a
3-4 trade association in the field of marriage and family therapy or a
3-5 related mental health field;>
3-6 <(2) be related within the second degree by affinity
3-7 or within the third degree by consanguinity to a person who is an
3-8 officer, employee, or paid consultant of a trade association in the
3-9 field of marriage and family therapy or a related mental health
3-10 field; or>
3-11 <(3)> communicate directly or indirectly with a party
3-12 or the party's representative to a proceeding pending before the
3-13 board if the member or employee is assigned to make a decision, a
3-14 finding of fact, or a conclusion of law in the proceeding, unless
3-15 notice and an opportunity to participate are given to each party to
3-16 the proceeding.
3-17 (b) An officer, employee, or paid consultant of a Texas
3-18 trade association in the field of health care may not be a member
3-19 or employee of the board who is exempt from the state's position
3-20 classification plan or is compensated at or above the amount
3-21 prescribed by the General Appropriations Act for step 1, salary
3-22 group 17, of the position classification salary schedule.
3-23 (c) A person who is the spouse of an officer, manager, or
3-24 paid consultant of a Texas trade association in the field of health
3-25 care may not be a board member and may not be an employee of the
3-26 board who is exempt from the state's position classification plan
3-27 or is compensated at or above the amount prescribed by the General
4-1 Appropriations Act for step 1, salary group 17, of the position
4-2 classification salary schedule.
4-3 (d) For the purposes of this section, a Texas trade
4-4 association is a nonprofit, cooperative, and voluntarily joined
4-5 association of business or professional competitors in this state
4-6 designed to assist its members and its industry or profession in
4-7 dealing with mutual business or professional problems and in
4-8 promoting their common interest.
4-9 (e) A person is not eligible for appointment as a public
4-10 member of the board if the person or the person's spouse:
4-11 (1) is registered, certified, or licensed by an
4-12 occupational regulatory agency in the field of health care;
4-13 (2) is employed by or participates in the management
4-14 of a business entity or other organization regulated by the board
4-15 or receiving funds from the board;
4-16 (3) owns or controls, directly or indirectly, more
4-17 than a 10 percent interest in a business entity or other
4-18 organization regulated by the board or receiving funds from the
4-19 board; or
4-20 (4) uses or receives a substantial amount of tangible
4-21 goods, services, or funds from the board, other than compensation
4-22 or reimbursement authorized by law for board membership,
4-23 attendance, or expenses.
4-24 (f) <A public member of the board or the spouse of a public
4-25 member may not have been or be related to a person within the
4-26 second degree by affinity or the third degree by consanguinity who
4-27 has, except as a consumer, a financial interest in the field of
5-1 marriage and family therapy or a related mental health field.>
5-2 <(c)> A person may not serve as a member of the board or act
5-3 as general counsel to the board if the person is required to
5-4 register as a lobbyist under Chapter 305, Government Code, because
5-5 of the person's activities for compensation on behalf of a
5-6 profession related to the operation of the board.
5-7 SECTION 5. Section 11, Licensed Marriage and Family
5-8 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
5-9 amended by amending Subsections (b) and (c) and adding Subsections
5-10 (d) through (h) to read as follows:
5-11 (b) The board shall keep an information file about each
5-12 complaint filed with the board. The board's information file shall
5-13 be kept current and contain a record for each complaint of:
5-14 (1) all persons contacted in relation to the
5-15 complaint;
5-16 (2) a summary of findings made at each step of the
5-17 complaint process;
5-18 (3) an explanation of the legal basis and reason for a
5-19 complaint that is dismissed; and
5-20 (4) other relevant information <that the board has
5-21 authority to resolve>.
5-22 (c) If a written complaint is filed with the board that the
5-23 board has authority to resolve, the board, at least quarterly and
5-24 until final disposition of the complaint, shall notify the parties
5-25 to the complaint of the status of the complaint unless notice would
5-26 jeopardize an undercover investigation.
5-27 (d) The board by rule shall adopt a form to standardize
6-1 information concerning complaints made to the board. The board by
6-2 rule shall prescribe information to be provided to a person when
6-3 the person files a complaint with the board.
6-4 (e) The board shall provide reasonable assistance to a
6-5 person who wishes to file a complaint with the board.
6-6 (f) <(c)> The board shall develop and implement policies
6-7 that provide the public with a reasonable opportunity to appear
6-8 before the board and to speak on any issue under the jurisdiction
6-9 of the board.
6-10 (g) The board by rule shall establish methods by which
6-11 consumers and service recipients are notified of the name, mailing
6-12 address, and telephone number of the board for the purpose of
6-13 directing complaints to the board. The board may provide for that
6-14 notification:
6-15 (1) on each registration form, application, or written
6-16 contract for services of an individual or entity regulated by the
6-17 board;
6-18 (2) on a sign prominently displayed in the place of
6-19 business of each individual or entity regulated by the board; or
6-20 (3) in a bill for service provided by an individual or
6-21 entity regulated by the board.
6-22 (h) The board shall list along with its regular telephone
6-23 number the toll-free telephone number that may be called to present
6-24 a complaint about a health professional if the toll-free number is
6-25 established under other state law.
6-26 SECTION 6. The Licensed Marriage and Family Therapist Act
6-27 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
7-1 adding Sections 11A, 11B, and 11C to read as follows:
7-2 Sec. 11A. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
7-3 board shall adopt rules concerning the investigation of a complaint
7-4 filed with the board. The rules adopted under this subsection
7-5 shall:
7-6 (1) distinguish between categories of complaints;
7-7 (2) ensure that complaints are not dismissed without
7-8 appropriate consideration;
7-9 (3) require that the board be advised of a complaint
7-10 that is dismissed and that a letter be sent to the person who filed
7-11 the complaint explaining the action taken on the dismissed
7-12 complaint;
7-13 (4) ensure that the person who filed the complaint has
7-14 an opportunity to explain the allegations made in the complaint;
7-15 and
7-16 (5) prescribe guidelines concerning the categories of
7-17 complaints that require the use of a private investigator and the
7-18 procedures for the board to obtain the services of a private
7-19 investigator.
7-20 (b) The board shall dispose of all complaints in a timely
7-21 manner. The board shall establish a schedule for conducting each
7-22 phase of a complaint that is under the control of the board not
7-23 later than the 30th day after the date the complaint is received by
7-24 the board. The schedule shall be kept in the information file for
7-25 the complaint and all parties shall be notified of the projected
7-26 time requirements for pursuing the complaint. A change in the
7-27 schedule must be noted in the complaint information file and all
8-1 parties to the complaint must be notified not later than the
8-2 seventh day after the date the change is made.
8-3 (c) The executive director of the board shall notify the
8-4 board of a complaint that extends beyond the time prescribed by the
8-5 board for resolving the complaint so that the board may take
8-6 necessary action on the complaint.
8-7 Sec. 11B. INFORMAL PROCEEDINGS. (a) The board by rule
8-8 shall adopt procedures governing:
8-9 (1) informal disposition of a contested case under
8-10 Section 13(e), Administrative Procedure and Texas Register Act
8-11 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
8-12 subsequent amendments; and
8-13 (2) informal proceedings held in compliance with
8-14 Section 18(c), Administrative Procedure and Texas Register Act
8-15 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
8-16 subsequent amendments.
8-17 (b) Rules adopted under this section must provide the
8-18 complainant and the license holder an opportunity to be heard and
8-19 must require the presence of an attorney to advise the board or
8-20 board's employees. The attorney must be a member of the board's
8-21 legal staff if the board has a legal staff. If the board does not
8-22 have a legal staff, the attorney must be an employee of the office
8-23 of the attorney general.
8-24 Sec. 11C. MONITORING OF LICENSE HOLDER. The board by rule
8-25 shall develop a system for monitoring license holders' compliance
8-26 with the requirements of this Act. Rules adopted under this
8-27 section shall include procedures for monitoring a license holder
9-1 who is ordered by the board to perform certain acts to ascertain
9-2 that the license holder performs the required acts and to identify
9-3 and monitor license holders who represent a risk to the public.
9-4 SECTION 7. Subsections (a), (b), and (c), Section 12,
9-5 Licensed Marriage and Family Therapist Act (Article 4512c-1,
9-6 Vernon's Texas Civil Statutes), are amended to read as follows:
9-7 (a) The board <of health> shall by rule establish reasonable
9-8 and necessary <set> fees so that the fees, in the aggregate,
9-9 produce sufficient revenue to cover the cost of administering <for
9-10 licenses, license renewals, examinations, and all other
9-11 administrative expenses under> this Act.
9-12 (b) The fees set by the board may be adjusted so that the
9-13 total fees collected are sufficient to meet the expenses of
9-14 administering this Act. The board may not set a fee for an amount
9-15 less than the amount of that fee on September 1, 1993 <The board
9-16 of health shall set the fees in amounts that are reasonable and
9-17 necessary to cover administrative costs>.
9-18 (c) The marriage and family therapists licensing account is
9-19 created in the General Revenue Fund and may be used only by the
9-20 board <of health> and the department in the administration of this
9-21 Act. All money paid to <Fees received by> the board <of health>
9-22 under this Act shall be deposited in the General Revenue Fund to
9-23 the credit of the account.
9-24 SECTION 8. Subsection (c), Section 13, Licensed Marriage and
9-25 Family Therapist Act (Article 4512c-1, Vernon's Texas Civil
9-26 Statutes), is amended to read as follows:
9-27 (c) The <Based on rules adopted by the board of health, the>
10-1 board shall determine the qualifications and fitness of applicants
10-2 for licenses under this Act.
10-3 SECTION 9. Section 14, Licensed Marriage and Family
10-4 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
10-5 amended by adding Subsection (d) to read as follows:
10-6 (d) The board shall develop and implement policies that
10-7 clearly define the respective responsibilities of the board and the
10-8 staff of the board.
10-9 SECTION 10. The Licensed Marriage and Family Therapist Act
10-10 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
10-11 adding Section 14A to read as follows:
10-12 Sec. 14A. PERSONNEL POLICIES. (a) The executive director
10-13 or the executive director's designee shall develop an intraagency
10-14 career ladder program. The program shall require intraagency
10-15 posting of all non-entry-level positions concurrently with any
10-16 public posting.
10-17 (b) The executive director or the executive director's
10-18 designee shall develop a system of annual performance evaluations
10-19 based on measurable job tasks. All merit pay for board employees
10-20 must be based on the system established under this subsection.
10-21 SECTION 11. The Licensed Marriage and Family Therapist Act
10-22 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
10-23 adding Section 14B to read as follows:
10-24 Sec. 14B. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
10-25 executive director or the executive director's designee shall
10-26 prepare and maintain a written policy statement to ensure
10-27 implementation of a program of equal employment opportunity under
11-1 which all personnel transactions are made without regard to race,
11-2 color, disability, sex, religion, age, or national origin. The
11-3 policy statement must include:
11-4 (1) personnel policies, including policies relating to
11-5 recruitment, evaluation, selection, application, training, and
11-6 promotion of personnel that are in compliance with the Commission
11-7 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
11-8 and its subsequent amendments;
11-9 (2) a comprehensive analysis of the board work force
11-10 that meets federal and state guidelines;
11-11 (3) procedures by which a determination can be made of
11-12 significant underutilization in the board work force of all persons
11-13 for whom federal or state guidelines encourage a more equitable
11-14 balance; and
11-15 (4) reasonable methods to appropriately address those
11-16 areas of underutilization.
11-17 (b) A policy statement prepared under Subsection (a) of this
11-18 section must cover an annual period, be updated annually, be
11-19 reviewed by the Commission on Human Rights for compliance with
11-20 Subsection (a)(1) of this section, and be filed with the governor's
11-21 office.
11-22 (c) The governor's office shall deliver a biennial report to
11-23 the legislature based on the information received under Subsection
11-24 (b) of this section. The report may be made separately or as part
11-25 of other biennial reports to the legislature.
11-26 SECTION 12. The Licensed Marriage and Family Therapist Act
11-27 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
12-1 adding Section 14C to read as follows:
12-2 Sec. 14C. PROGRAM ACCESSIBILITY. The board shall prepare
12-3 and maintain a written plan that describes how a person who does
12-4 not speak English can be provided reasonable access to the board's
12-5 programs. The board shall also comply with federal and state laws
12-6 for program and facility accessibility.
12-7 SECTION 13. The Licensed Marriage and Family Therapist Act
12-8 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
12-9 adding Sections 14D and 14E to read as follows:
12-10 Sec. 14D. TRAINING; STANDARDS OF CONDUCT INFORMATION.
12-11 (a) Each board member shall comply with the board member training
12-12 requirements established by any other state agency that is given
12-13 authority to establish the requirements for the board.
12-14 (b) The board shall provide to its members and employees, as
12-15 often as necessary, information regarding their qualifications for
12-16 office or employment under this Act and their responsibilities
12-17 under applicable laws relating to standards of conduct for state
12-18 officers or employees.
12-19 Sec. 14E. TRAINING AND GUIDELINES FOR MEMBERS OF THE BOARD.
12-20 (a) The board shall establish a training program for the members
12-21 of the board.
12-22 (b) Before a member of the board may assume the member's
12-23 duties, the member must complete at least one course of the
12-24 training program established under this section, and before the
12-25 member may be confirmed by the senate, the member must pass an
12-26 examination given in conjunction with the attorney general on
12-27 subjects described by Subdivisions (7), (8), and (9) of Subsection
13-1 (c) of this section.
13-2 (c) A training program established under this section shall
13-3 provide information to a participant regarding:
13-4 (1) the enabling legislation that created the board to
13-5 which the member is appointed;
13-6 (2) the programs operated by the board;
13-7 (3) the role and functions of the board;
13-8 (4) the rules of the board with an emphasis on the
13-9 rules that relate to disciplinary and investigatory authority;
13-10 (5) the current budget for the board;
13-11 (6) the results of the most recent formal audit of the
13-12 board;
13-13 (7) the requirements of the:
13-14 (A) open meetings law, Chapter 271, Acts of the
13-15 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
13-16 Texas Civil Statutes), and its subsequent amendments;
13-17 (B) open records law, Chapter 424, Acts of the
13-18 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
13-19 Texas Civil Statutes), and its subsequent amendments; and
13-20 (C) Administrative Procedure and Texas Register
13-21 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
13-22 subsequent amendments;
13-23 (8) the requirements of the conflict of interest laws
13-24 and other laws relating to public officials; and
13-25 (9) any applicable ethics policies adopted by the
13-26 board or the Texas Ethics Commission.
13-27 (d) In developing the training requirements provided for in
14-1 this section, the board shall consult with the governor's office,
14-2 the attorney general's office, and the Texas Ethics Commission.
14-3 (e) In the event that another state agency or entity is
14-4 given the authority to establish the training requirements, the
14-5 board shall allow that training in lieu of developing its own
14-6 program.
14-7 SECTION 14. Subsections (a) and (d), Section 19, Licensed
14-8 Marriage and Family Therapist Act (Article 4512c-1, Vernon's Texas
14-9 Civil Statutes), are amended to read as follows:
14-10 (a) Unless exempted from the examination requirement under
14-11 Section 30 of this Act or by a determination of the board based on
14-12 the applicant's education and professional experience, each
14-13 applicant for a license under this Act must pass an examination
14-14 prescribed by the board. The board shall have the written portion
14-15 of the examination, if any, validated by an independent testing
14-16 professional <and approved by the commissioner of health>. The
14-17 examination may be composed of:
14-18 (1) a written examination;
14-19 (2) a field examination, through questionnaires
14-20 answered by the applicant's instructors, employers, supervisors, or
14-21 other persons who are competent in the judgment of the board to
14-22 assess the applicant's professional ability, and that may include
14-23 written case studies and taped interviews;
14-24 (3) an oral examination; or
14-25 (4) any combination of those examinations.
14-26 (d) Unless the examination is graded or reviewed by a
14-27 national testing service, the board shall notify each examinee of
15-1 the results of the examination not later than the 30th day after
15-2 the day on which a licensing examination is administered under this
15-3 Act <30 days after the examination date>. However, if <If> the
15-4 examination is <so> graded or reviewed by a national testing
15-5 service, the board shall notify each examinee of the results not
15-6 later than the 14th day <15 days> after the date on which the board
15-7 receives the results from the national testing service. If the
15-8 notice of examination results graded or reviewed by a national
15-9 testing service will be delayed for more than 90 days after the
15-10 examination date, the board shall notify each examinee of the
15-11 reason for the delay before <not later than> the 90th day <after
15-12 the examination date>.
15-13 SECTION 15. Section 20, Licensed Marriage and Family
15-14 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
15-15 amended by adding Subsection (c) to read as follows:
15-16 (c) The board by rule may provide for the issuance of a
15-17 temporary license. Rules adopted under this subsection shall
15-18 include a time limit for a temporary license.
15-19 SECTION 16. Section 21, Licensed Marriage and Family
15-20 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
15-21 amended to read as follows:
15-22 Sec. 21. License renewal. (a) A license issued under this
15-23 Act is subject to annual renewal. The board shall adopt a system
15-24 under which licenses expire on various dates during the year.
15-25 (b) A license holder may renew an unexpired license by
15-26 paying to the board <the renewal fee> before the expiration date of
15-27 the license the required renewal fee.
16-1 (c) If a person's license has been expired for <less than>
16-2 90 days or less, the person may renew the license by paying to the
16-3 board the required renewal fee and a fee that is one-half of the
16-4 examination fee for the license <the unpaid renewal fees plus a
16-5 late renewal fee in an amount determined by the board>.
16-6 (d) If a person's license has been expired for longer than
16-7 90 days but less than one year, the person may renew the license by
16-8 paying to the board all unpaid renewal fees and a fee that is equal
16-9 to the examination fee for the license.
16-10 (e) If the person's license has been expired for one year or
16-11 longer <90 days or more>, the person may not renew the license.
16-12 The person may obtain a new license by submitting to reexamination
16-13 and complying with the requirements and procedures for obtaining an
16-14 original license. However, the board may renew without
16-15 reexamination an expired license of a person who was licensed in
16-16 this state, moved to another state, and is currently licensed and
16-17 has been in practice in the other state for the two years preceding
16-18 application. The person must pay to the board a fee that is equal
16-19 to the examination fee for the license.
16-20 (f) <(e)> The board shall notify each license holder in
16-21 writing of the pending license expiration not later than the 30th
16-22 day before the date on which the license expires.
16-23 (g) <(f)> The board shall establish a mandatory <may prepare
16-24 or approve> continuing education program <programs> for license
16-25 holders <and may require each license holder to participate in an
16-26 approved continuing education program in order to renew a license
16-27 issued under this Act>.
17-1 (h) The board by rule shall establish a minimum number of
17-2 hours of continuing education required to renew a license under
17-3 this Act. The board may assess the continuing education needs of
17-4 license holders and may require license holders to attend
17-5 continuing education courses specified by the board. The board by
17-6 rule shall develop a process to evaluate and approve continuing
17-7 education courses.
17-8 (i) The board shall identify the key factors for the
17-9 competent performance by a license holder of the license holder's
17-10 professional duties. The board shall implement a procedure to
17-11 assess a license holder's participation in continuing education
17-12 programs.
17-13 SECTION 17. Section 22, Licensed Marriage and Family
17-14 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
17-15 amended to read as follows:
17-16 Sec. 22. PROVISIONAL LICENSE BY ENDORSEMENT <RECIPROCITY>.
17-17 (a) The board may grant a provisional license to a <A> person who
17-18 is licensed or otherwise registered as a marriage and family
17-19 therapist by another state or other jurisdiction, whose
17-20 requirements for licensing or registration were, on the date of the
17-21 licensing or registration, substantially equal to those prescribed
17-22 by this Act<, is entitled to a license without examination on
17-23 submission of an application form and payment of an administrative
17-24 fee>. An applicant for a provisional license under this section
17-25 must:
17-26 (1) be licensed in good standing as a marriage and
17-27 family therapist in another state or jurisdiction that has
18-1 licensing requirements that are substantially equivalent to the
18-2 requirements of this Act;
18-3 (2) have passed a national or other examination
18-4 recognized by the board relating to marriage and family therapy;
18-5 and
18-6 (3) be sponsored by a person licensed by the board
18-7 under this Act with whom the provisional license holder may
18-8 practice under this section.
18-9 (b) An applicant for a provisional license may be excused
18-10 from the requirement of Subsection (a)(3) of this section if the
18-11 board determines that compliance with that subsection constitutes a
18-12 hardship to the applicant.
18-13 (c) A provisional license is valid until the date the board
18-14 approves or denies the provisional license holder's application for
18-15 a license. The board shall issue a license under this Act to the
18-16 holder of a provisional license under this section if:
18-17 (1) the provisional license holder passes the
18-18 examination required by Section 19 of this Act;
18-19 (2) the board verifies that the provisional license
18-20 holder has the academic and experience requirements for a license
18-21 under this Act; and
18-22 (3) the provisional license holder satisfies any other
18-23 license requirements under this Act.
18-24 (d) The board must complete the processing of a provisional
18-25 license holder's application for a license not later than the 180th
18-26 day after the date the provisional license is issued.
18-27 SECTION 18. Section 25, Licensed Marriage and Family
19-1 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
19-2 amended to read as follows:
19-3 Sec. 25. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE; CIVIL
19-4 PENALTY. (a) The <After a hearing, the> board shall <may deny,>
19-5 suspend<,> or revoke a license, place on probation a person whose
19-6 license has been suspended, or reprimand <or otherwise discipline>
19-7 a license holder if <the applicant for license or> the license
19-8 holder has:
19-9 (1) been convicted of a felony or a misdemeanor
19-10 involving moral turpitude;
19-11 (2) obtained or attempted to obtain registration by
19-12 fraud or deception;
19-13 (3) used drugs or alcohol to an extent that affects
19-14 professional competence;
19-15 (4) been grossly negligent in performing professional
19-16 duties;
19-17 (5) been adjudicated mentally incompetent by a court
19-18 of competent jurisdiction;
19-19 (6) practiced in a manner detrimental to the public
19-20 health or welfare;
19-21 (7) advertised in a manner that tends to deceive or
19-22 defraud the public;
19-23 (8) had a license or certification revoked by a
19-24 licensing agency or by a certifying professional organization; or
19-25 (9) otherwise violated this Act or a rule or code of
19-26 ethics adopted under this Act.
19-27 (b) A person who violates this Act or a rule or order
20-1 adopted by the board under this Act is subject to a civil penalty
20-2 of $1,000 for each day of violation. At the request of the board
20-3 or department, the attorney general shall bring an action to
20-4 recover a civil penalty authorized under this subsection.
20-5 (c) If a license suspension is probated, the board may
20-6 require the license holder to:
20-7 (1) report regularly to the board on matters that are
20-8 the basis of the probation;
20-9 (2) limit practice to the areas prescribed by the
20-10 board; or
20-11 (3) continue or review continuing professional
20-12 education until the license holder attains a degree of skill
20-13 satisfactory to the board in those areas that are the basis of the
20-14 probation.
20-15 (d) A license holder is entitled to a hearing before the
20-16 State Office of Administrative Hearings before a sanction is
20-17 imposed under this section.
20-18 (e) The board by rule shall adopt a broad schedule of
20-19 sanctions for violations under this Act. The State Office of
20-20 Administrative Hearings shall use the schedule for any sanction
20-21 imposed as the result of a hearing conducted by that office.
20-22 SECTION 19. The Licensed Marriage and Family Therapist Act
20-23 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
20-24 adding Section 25A to read as follows:
20-25 Sec. 25A. ADMINISTRATIVE PENALTY. (a) The commissioner of
20-26 health may impose an administrative penalty against a person
20-27 licensed or regulated under this Act who violates this Act or a
21-1 rule or order adopted by the board under this Act.
21-2 (b) The penalty for a violation may be in an amount not to
21-3 exceed $1,000. Each day a violation continues or occurs is a
21-4 separate violation for purposes of imposing a penalty.
21-5 (c) The amount of the penalty shall be based on:
21-6 (1) the seriousness of the violation, including the
21-7 nature, circumstances, extent, and gravity of any prohibited acts,
21-8 and the hazard or potential hazard created to the health, safety,
21-9 or economic welfare of the public;
21-10 (2) the economic harm to property or the environment
21-11 caused by the violation;
21-12 (3) the history of previous violations;
21-13 (4) the amount necessary to deter future violations;
21-14 (5) efforts to correct the violation; and
21-15 (6) any other matter that justice may require.
21-16 (d) If the commissioner of health determines that a
21-17 violation has occurred, the commissioner may issue to the board a
21-18 report that states the facts on which the determination is based
21-19 and the commissioner's recommendation on the imposition of a
21-20 penalty, including a recommendation on the amount of the penalty.
21-21 (e) Within 14 days after the date the report is issued, the
21-22 commissioner shall give written notice of the report to the person.
21-23 The notice may be given by certified mail. The notice must include
21-24 a brief summary of the alleged violation and a statement of the
21-25 amount of the recommended penalty and must inform the person that
21-26 the person has a right to a hearing on the occurrence of the
21-27 violation, the amount of the penalty, or both the occurrence of the
22-1 violation and the amount of the penalty.
22-2 (f) Within 20 days after the date the person receives the
22-3 notice, the person in writing may accept the determination and
22-4 recommended penalty of the commissioner or may make a written
22-5 request for a hearing on the occurrence of the violation, the
22-6 amount of the penalty, or both the occurrence of the violation and
22-7 the amount of the penalty.
22-8 (g) If the person accepts the determination and recommended
22-9 penalty of the commissioner, the board by order shall approve the
22-10 determination and impose the recommended penalty.
22-11 (h) If the person requests a hearing or fails to respond
22-12 timely to the notice, the department shall set a hearing and give
22-13 notice of the hearing to the person. The hearing shall be held by
22-14 a hearing examiner designated by the department. The hearing
22-15 examiner shall make findings of fact and conclusions of law and
22-16 promptly issue to the board a proposal for a decision about the
22-17 occurrence of the violation and the amount of a proposed penalty.
22-18 Based on the findings of fact, conclusions of law, and proposal for
22-19 a decision, the board by order may find that a violation has
22-20 occurred and impose a penalty or may find that no violation
22-21 occurred.
22-22 (i) The notice of the board's order given to the person
22-23 under the Administrative Procedure and Texas Register Act (Article
22-24 6252-13a, Vernon's Texas Civil Statutes) and its subsequent
22-25 amendments must include a statement of the right of the person to
22-26 judicial review of the order.
22-27 (j) Within 30 days after the date the board's order is final
23-1 as provided by Section 16(c), Administrative Procedure and Texas
23-2 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
23-3 its subsequent amendments, the person shall:
23-4 (1) pay the amount of the penalty;
23-5 (2) pay the amount of the penalty and file a petition
23-6 for judicial review contesting the occurrence of the violation, the
23-7 amount of the penalty, or both the occurrence of the violation and
23-8 the amount of the penalty; or
23-9 (3) without paying the amount of the penalty, file a
23-10 petition for judicial review contesting the occurrence of the
23-11 violation, the amount of the penalty, or both the occurrence of the
23-12 violation and the amount of the penalty.
23-13 (k) Within the 30-day period, a person who acts under
23-14 Subsection (j)(3) of this section may:
23-15 (1) stay enforcement of the penalty by:
23-16 (A) paying the amount of the penalty to the
23-17 court for placement in an escrow account; or
23-18 (B) giving to the court a supersedeas bond that
23-19 is approved by the court for the amount of the penalty and that is
23-20 effective until all judicial review of the board's order is final;
23-21 or
23-22 (2) request the court to stay enforcement of the
23-23 penalty by:
23-24 (A) filing with the court a sworn affidavit of
23-25 the person stating that the person is financially unable to pay the
23-26 amount of the penalty and is financially unable to give the
23-27 supersedeas bond; and
24-1 (B) giving a copy of the affidavit to the
24-2 commissioner of health by certified mail.
24-3 (l) If the commissioner of health receives a copy of an
24-4 affidavit under Subsection (k)(2) of this section, the commissioner
24-5 may file with the court, within five days after the date the copy
24-6 is received, a contest to the affidavit. The court shall hold a
24-7 hearing on the facts alleged in the affidavit as soon as
24-8 practicable and shall stay the enforcement of the penalty on
24-9 finding that the alleged facts are true. The person who files an
24-10 affidavit has the burden of proving that the person is financially
24-11 unable to pay the amount of the penalty and to give a supersedeas
24-12 bond.
24-13 (m) If the person does not pay the amount of the penalty and
24-14 the enforcement of the penalty is not stayed, the commissioner of
24-15 health may refer the matter to the attorney general for collection
24-16 of the amount of the penalty.
24-17 (n) Judicial review of the order of the board:
24-18 (1) is instituted by filing a petition as provided by
24-19 Section 19, Administrative Procedure and Texas Register Act
24-20 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
24-21 subsequent amendments; and
24-22 (2) is under the substantial evidence rule.
24-23 (o) If the court sustains the occurrence of the violation,
24-24 the court may uphold or reduce the amount of the penalty and order
24-25 the person to pay the full or reduced amount of the penalty. If
24-26 the court does not sustain the occurrence of the violation, the
24-27 court shall order that no penalty is owed.
25-1 (p) When the judgment of the court becomes final, the court
25-2 shall proceed under this subsection. If the person paid the amount
25-3 of the penalty and if that amount is reduced or is not upheld by
25-4 the court, the court shall order that the appropriate amount plus
25-5 accrued interest be remitted to the person. The rate of the
25-6 interest is the rate charged on loans to depository institutions by
25-7 the New York Federal Reserve Bank, and the interest shall be paid
25-8 for the period beginning on the date the penalty was paid and
25-9 ending on the date the penalty is remitted. If the person gave a
25-10 supersedeas bond and if the amount of the penalty is not upheld by
25-11 the court, the court shall order the release of the bond. If the
25-12 person gave a supersedeas bond and if the amount of the penalty is
25-13 reduced, the court shall order the release of the bond after the
25-14 person pays the amount.
25-15 (q) A penalty collected under this section shall be remitted
25-16 to the comptroller for deposit in the general revenue fund.
25-17 (r) All proceedings under this section are subject to the
25-18 Administrative Procedure and Texas Register Act (Article 6252-13a,
25-19 Vernon's Texas Civil Statutes) and its subsequent amendments.
25-20 SECTION 20. The Licensed Marriage and Family Therapist Act
25-21 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
25-22 adding Section 27A to read as follows:
25-23 Sec. 27A. COMPETITIVE BIDDING; ADVERTISING. (a) The board
25-24 may not adopt rules restricting competitive bidding or advertising
25-25 by a person regulated by the board except to prohibit false,
25-26 misleading, or deceptive practices by the person.
25-27 (b) The board may not include in its rules to prohibit
26-1 false, misleading, or deceptive practices by a person regulated by
26-2 the board a rule that:
26-3 (1) restricts the use of any medium for advertising;
26-4 (2) restricts the person's personal appearance or use
26-5 of the person's voice in an advertisement;
26-6 (3) relates to the size or duration of an
26-7 advertisement by the person; or
26-8 (4) restricts the person's advertisement under a trade
26-9 name.
26-10 SECTION 21. Subdivision (2), Section 2, and Subsection (b),
26-11 Section 13, Licensed Marriage and Family Therapist Act (Article
26-12 4512c-1, Vernon's Texas Civil Statutes), are repealed.
26-13 SECTION 22. (a) The changes in law made by this Act to the
26-14 requirements for membership on the Texas State Board of Examiners
26-15 of Marriage and Family Therapists apply only to an appointment made
26-16 on or after the effective date of this Act and do not affect the
26-17 entitlement of a member serving on the board immediately before the
26-18 effective date of this Act to continue to hold office for the
26-19 remainder of the term for which the person was appointed.
26-20 (b) The changes in law made by this Act relating to a civil
26-21 or administrative penalty apply only to a violation of the Licensed
26-22 Marriage and Family Therapist Act (Article 4512c-1, Vernon's Texas
26-23 Civil Statutes) or a rule or order adopted by the Texas State Board
26-24 of Examiners of Marriage and Family Therapists that occurs on or
26-25 after the effective date of this Act. A violation occurs on or
26-26 after the effective date of this Act only if each element of the
26-27 violation occurs on or after that date. A violation that occurs
27-1 before the effective date of this Act is governed by the law in
27-2 effect on the date the violation occurred, and the former law is
27-3 continued in effect for this purpose.
27-4 SECTION 23. On and after January 1, 1994, the State Office
27-5 of Administrative Hearings shall assume responsibility for hearings
27-6 held with respect to contested cases arising under the Licensed
27-7 Marriage and Family Therapist Act (Article 4512c-1, Vernon's Texas
27-8 Civil Statutes) and its subsequent amendments. The Texas State
27-9 Board of Examiners of Marriage and Family Therapists and the chief
27-10 administrative law judge of the State Office of Administrative
27-11 Hearings may agree to transfer contested cases pending before the
27-12 board to the State Office of Administrative Hearings before January
27-13 1, 1994.
27-14 SECTION 24. The Texas State Board of Examiners of Marriage
27-15 and Family Therapists shall adopt rules required by this Act not
27-16 later than December 31, 1993.
27-17 SECTION 25. This Act takes effect September 1, 1993.
27-18 SECTION 26. The importance of this legislation and the
27-19 crowded condition of the calendars in both houses create an
27-20 emergency and an imperative public necessity that the
27-21 constitutional rule requiring bills to be read on three several
27-22 days in each house be suspended, and this rule is hereby suspended.