1-1 By: Parker S.B. No. 1427
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 3, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; May 3, 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. 1427 By: Moncrief
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the regulation of professional counselors and to the
1-22 continuation of the Texas State Board of Examiners of Professional
1-23 Counselors.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 2, Licensed Professional Counselor Act
1-26 (Article 4512g, Vernon's Texas Civil Statutes), is amended by
1-27 adding Subdivision (8) to read as follows:
1-28 (8) "Board of health" means the Texas Board of Health.
1-29 SECTION 2. Subsections (e) and (f), Section 4, Licensed
1-30 Professional Counselor Act (Article 4512g, Vernon's Texas Civil
1-31 Statutes), are amended to read as follows:
1-32 (e) An officer, employee, or paid consultant of a Texas
1-33 trade association in the field of health care may not be a <A>
1-34 member <of the board> or <an> employee of the board who is exempt
1-35 from the state's position classification plan or is compensated at
1-36 or above the amount prescribed by the General Appropriations Act
1-37 for step 1, salary group 17, of the position classification salary
1-38 schedule. A person who is the spouse of an officer, manager, or
1-39 paid consultant of a Texas trade association in the field of health
1-40 care may not be a board member and may not be an employee of the
1-41 board who is exempt from the state's position classification plan
1-42 or is compensated at or above the amount prescribed by the General
1-43 Appropriations Act for step 1, salary group 17, of the position
1-44 classification salary schedule <or of the department that carries
1-45 out the functions of the board may not:>
1-46 <(1) be an officer, employee, or paid consultant of a
1-47 trade association in the counseling services industry;>
1-48 <(2) be related within the second degree by affinity
1-49 or within the third degree by consanguinity, as determined under
1-50 Article 5996h, Revised Statutes, to a person who is an officer,
1-51 employee, or paid consultant of a trade association in the
1-52 counseling services industry; or>
1-53 <(3) communicate directly or indirectly with a party
1-54 or the party's representative to a proceeding pending before the
1-55 board unless notice and an opportunity to participate are given to
1-56 each party to the proceeding, if the member or agent is assigned to
1-57 make a decision, a finding of fact, or a conclusion of law in the
1-58 proceeding>.
1-59 (f) For the purposes of this section, a Texas trade
1-60 association is a nonprofit, cooperative, and voluntarily joined
1-61 association of business or professional competitors in this state
1-62 designed to assist its members and its industry or profession in
1-63 dealing with mutual business or professional problems and in
1-64 promoting their common interest <A member of the board who is the
1-65 designated representative of the general public may not have
1-66 personally, nor be related to a person within the second degree by
1-67 affinity or third degree by consanguinity, as determined under
1-68 Article 5996h, Revised Statutes, who has, except as a consumer, a
2-1 financial interest in counseling services as an officer, director,
2-2 partner, owner, employee, attorney, or paid consultant>.
2-3 SECTION 3. Subsections (b) and (c), Section 5, Licensed
2-4 Professional Counselor Act (Article 4512g, Vernon's Texas Civil
2-5 Statutes), are amended to read as follows:
2-6 (b) Four members must be representatives <To be qualified
2-7 for appointment as a member who is a representative> of the general
2-8 public. A person is not eligible for appointment as a public
2-9 member of the board if the person or the person's spouse:
2-10 (1) is registered, certified, or licensed by an
2-11 occupational regulatory agency in the field of health care;
2-12 (2) is employed by or participates in the management
2-13 of a business entity or other organization regulated by the board
2-14 or receiving funds from the board;
2-15 (3) owns or controls, directly or indirectly, more
2-16 than 10 percent interest in a business entity or other organization
2-17 regulated by the board or receiving funds from the board; or
2-18 (4) uses or receives a substantial amount of tangible
2-19 goods, services, or funds from the board, other than compensation
2-20 or reimbursement authorized by law for board membership,
2-21 attendance, or expenses<, a person must:>
2-22 <(1) be a citizen of the United States and a resident
2-23 of this state for the 30 months immediately preceding appointment;
2-24 and>
2-25 <(2) be at least 18 years old>.
2-26 (c) It is a ground for removal from the board if a member:
2-27 (1) does not have at the time of appointment the
2-28 qualifications required by Subsection (a) or (b) of this section,
2-29 as appropriate, for appointment to the board;
2-30 (2) does not maintain during the service on the board
2-31 the qualifications required by Subsection (a) or (b) of this
2-32 section, as appropriate, for appointment to the board; or
2-33 (3) violates a prohibition established by <Subdivision
2-34 (1) or (2) of> Subsection (e) of Section 4 of this Act.
2-35 SECTION 4. Subsection (e), Section 6, Licensed Professional
2-36 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes), is
2-37 amended to read as follows:
2-38 (e) The board shall:
2-39 (1) determine the qualifications and fitness of
2-40 applicants for licenses, renewal of licenses, and provisional
2-41 <reciprocal> licenses;
2-42 (2) adopt and revise, with the approval of the
2-43 department, rules not inconsistent with the law of this state that
2-44 are necessary to administer this Act. However, the board may not
2-45 adopt rules restricting competitive bidding or advertising by
2-46 licensees except to prohibit false, misleading, or deceptive
2-47 practices. The board may not include in its rules to prohibit
2-48 false, misleading, or deceptive practices by licensees a rule that:
2-49 (A) restricts a licensee's use of any medium for
2-50 advertising;
2-51 (B) restricts a licensee's personal appearance
2-52 or use of the person's <his> personal voice in an advertisement;
2-53 (C) relates to the size or duration of an
2-54 advertisement by a licensee; or
2-55 (D) restricts a licensee's advertisement under a
2-56 trade name;
2-57 (3) adopt and publish a code of ethics and adopt an
2-58 official seal;
2-59 (4) examine for, deny, approve, issue, revoke,
2-60 suspend, and renew the licenses of counselor applicants and
2-61 licensees under this Act <and conduct hearings in connection with
2-62 these actions>;
2-63 (5) notify the appropriate prosecuting attorney of
2-64 alleged offenses committed under this Act and seek the injunction
2-65 of <conduct hearings on complaints concerning> violations of this
2-66 Act or <and> the rules adopted under this Act <and cause the
2-67 prosecution and enjoinder of the violations>;
2-68 (6) expend money necessary for the proper
2-69 administration of its assigned duties;
2-70 (7) establish a mandatory continuing education program
3-1 for licensees <set fees with the approval of the department for the
3-2 board's services in amounts that are sufficient to meet the
3-3 expenses of administering this Act>;
3-4 (8) request and receive the assistance of state
3-5 educational institutions or other state agencies; and
3-6 (9) prepare information of public <consumer> interest
3-7 describing the <regulatory> functions of the board and <describing>
3-8 the board's procedures by which <consumer> complaints are filed
3-9 with and resolved by the board. The board shall make the
3-10 information available to the <general> public and appropriate state
3-11 agencies.
3-12 SECTION 5. The Licensed Professional Counselor Act (Article
3-13 4512g, Vernon's Texas Civil Statutes) is amended by adding Sections
3-14 6A, 6B, 6C, 6D, and 6E to read as follows:
3-15 Sec. 6A. PUBLIC COMPLAINTS; TOLL-FREE TELEPHONE SERVICE.
3-16 (a) The board of health by rule shall establish methods by which
3-17 consumers and service recipients are notified of the name, mailing
3-18 address, and telephone number of the board for the purpose of
3-19 directing complaints to the board. The board of health may provide
3-20 for that notification:
3-21 (1) on each registration form, application, or written
3-22 contract for services of an individual or entity regulated under
3-23 this Act;
3-24 (2) on a sign prominently displayed in the place of
3-25 business of each individual or entity regulated under this Act; or
3-26 (3) in a bill for service provided by an individual or
3-27 entity regulated under this Act.
3-28 (b) The board shall list along with its regular telephone
3-29 number the toll-free telephone number that may be called to present
3-30 a complaint about a health professional if the toll-free number is
3-31 established under other state law.
3-32 Sec. 6B. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
3-33 shall develop and implement policies that provide the public with a
3-34 reasonable opportunity to appear before the board and to speak on
3-35 any issue under the jurisdiction of the board.
3-36 Sec. 6C. PROGRAM ACCESSIBILITY. The board shall prepare and
3-37 maintain a written plan that describes how a person who does not
3-38 speak English can be provided reasonable access to the board's
3-39 programs. The board shall also comply with federal and state laws
3-40 for program and facility accessibility.
3-41 Sec. 6D. TRAINING; STANDARDS OF CONDUCT INFORMATION.
3-42 (a) Each board member shall comply with the board member training
3-43 requirements established by any other state agency that is given
3-44 authority to establish the requirements for the board.
3-45 (b) The board shall provide to its members and employees, as
3-46 often as necessary, information regarding their qualifications for
3-47 office or employment under this Act and their responsibilities
3-48 under applicable laws relating to standards of conduct for state
3-49 officers or employees.
3-50 (c) The board shall develop and implement policies that
3-51 clearly define the respective responsibilities of the board and the
3-52 staff of the board.
3-53 Sec. 6E. TRAINING AND GUIDELINES FOR MEMBERS OF THE BOARD.
3-54 (a) The board shall establish a training program for the members
3-55 of the board.
3-56 (b) Before a member of a board may assume the member's
3-57 duties, the member must complete at least one course of the
3-58 training program established under this section, and before the
3-59 member may be confirmed by the senate, the member must pass an
3-60 examination given in conjunction with the attorney general on
3-61 subjects described by Subdivisions (7), (8), and (9) of Subsection
3-62 (c) of this section.
3-63 (c) A training program established under this section shall
3-64 provide information to a participant regarding:
3-65 (1) the enabling legislation that created the board to
3-66 which the member is appointed;
3-67 (2) the programs operated by the board;
3-68 (3) the role and functions of the board;
3-69 (4) the rules of the board with an emphasis on the
3-70 rules that relate to disciplinary and investigatory authority;
4-1 (5) the current budget for the board;
4-2 (6) the results of the most recent formal audit of the
4-3 board;
4-4 (7) the requirements of the:
4-5 (A) open meetings law, Chapter 271, Acts of the
4-6 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
4-7 Texas Civil Statutes), and its subsequent amendments;
4-8 (B) open records law, Chapter 424, Acts of the
4-9 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
4-10 Texas Civil Statutes), and its subsequent amendments; and
4-11 (C) Administrative Procedure and Texas Register
4-12 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
4-13 subsequent amendments;
4-14 (8) the requirements of the conflict of interest laws
4-15 and other laws relating to public officials; and
4-16 (9) any applicable ethics policies adopted by the
4-17 board or the Texas Ethics Commission.
4-18 (d) In developing the training requirements provided for in
4-19 this section, the board shall consult with the governor's office,
4-20 the attorney general's office, and the Texas Ethics Commission.
4-21 (e) In the event that another state agency or entity is
4-22 given the authority to establish the training requirements, the
4-23 board shall allow that training in lieu of developing its own
4-24 program.
4-25 SECTION 6. Subsections (b), (c), and (d), Section 12,
4-26 Licensed Professional Counselor Act (Article 4512g, Vernon's Texas
4-27 Civil Statutes), are amended to read as follows:
4-28 (b) If a written examination is required, the board shall
4-29 grade the examination and recommend to the chairman action to be
4-30 taken. To ensure impartiality, written examination documents shall
4-31 be identified by number, and no paper may be marked with the name
4-32 of an applicant but shall be anonymously graded by the board. The
4-33 board shall have the written portion of the examination, if any,
4-34 validated by an independent testing professional. In the event an
4-35 applicant fails to receive a passing grade on the entire
4-36 examination, he may reapply and shall be allowed to take a
4-37 subsequent examination. An applicant who has failed two successive
4-38 examinations may not reapply until two years have elapsed from the
4-39 date of the last examination or he has satisfactorily completed
4-40 nine graduate semester hours in the applicant's weakest portion of
4-41 the examination.
4-42 (c) Not later than the 30th day <Within 30 days> after the
4-43 day a licensing examination is administered under this Act, the
4-44 board shall notify each examinee of the results of the examination.
4-45 However, if an examination is graded or reviewed by a national
4-46 testing service, the board shall notify each examinee of the
4-47 results of the examination not later than the 14th day <within two
4-48 weeks> after the day the board receives the results from the
4-49 testing service. If the notice of the examination results graded
4-50 or reviewed by the national testing service will be delayed for
4-51 more than 90 days after the examination date, the board shall
4-52 notify the examinee of the reason for the delay before the 90th
4-53 day.
4-54 (d) If requested in writing by a person who fails the
4-55 examination for a license, the board shall furnish to the person an
4-56 analysis of the person's performance on the examination.
4-57 SECTION 7. Section 14, Licensed Professional Counselor Act
4-58 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
4-59 as follows:
4-60 Sec. 14. Licenses and Renewal of Licenses. (a) A license
4-61 certificate issued by the board is the property of the board and
4-62 must be surrendered on demand.
4-63 (b) The licensee shall display the license certificate in an
4-64 appropriate and public manner.
4-65 (c) The licensee shall inform the board of his current
4-66 address at all times.
4-67 (d) Each year the board shall prepare a registry of licensed
4-68 professional counselors with specialties, if any, identified. The
4-69 registry shall be made available to the licensees, other state
4-70 agencies, and the general public on request.
5-1 (e) The license may be renewed annually if the licensee is
5-2 not in violation of this Act at the time of application for renewal
5-3 <and if the applicant fulfills current requirements of continuing
5-4 education as established by the board>.
5-5 (f) The board of health by rule shall establish a minimum
5-6 number of hours of continuing education required to renew a license
5-7 under this Act. The board may assess the continuing education
5-8 needs of licensees and may require licensees to attend continuing
5-9 education courses specified by the board. The board of health by
5-10 rule shall develop a process to evaluate and approve continuing
5-11 education courses.
5-12 (g) The board shall identify the key factors for the
5-13 competent performance by a licensee of the licensee's professional
5-14 duties. The board shall implement a procedure to assess a
5-15 licensee's participation in continuing education programs.
5-16 (h) Each person licensed under this Act is responsible for
5-17 renewing his license before the expiration date.
5-18 (i) <(g)> The board shall adopt a system under which
5-19 licenses expire on various dates during the year. For the year in
5-20 which the expiration date is changed, license fees payable on the
5-21 date of issuance shall be prorated on a monthly basis so that each
5-22 licensee shall pay only that portion of the license fee that is
5-23 applicable to the number of months during which the license is
5-24 valid.
5-25 (j) A person may renew an unexpired license by paying to the
5-26 board before the expiration of the license the required renewal
5-27 fee.
5-28 (k) If a person's license has been expired for 90 days or
5-29 less, the person may renew the license by paying to the board the
5-30 required renewal fee and a fee that is one-half of the examination
5-31 fee for the license.
5-32 (l) If a person's license has been expired for longer than
5-33 90 days but less than one year, the person may renew the license by
5-34 paying to the board all unpaid renewal fees and a fee that is equal
5-35 to the examination fee for the license.
5-36 (m) If a person's license has been expired for one year or
5-37 longer, the person may not renew the license. The person may
5-38 obtain a new license by submitting to reexamination and complying
5-39 with the requirements and procedures for obtaining an original
5-40 license. However, the board may renew without reexamination an
5-41 expired license of a person who was licensed in this state, moved
5-42 to another state, and is currently licensed and has been in
5-43 practice in the other state for the two years preceding
5-44 application. The person must pay to the board a fee that is equal
5-45 to the examination fee for the license.
5-46 (n) At least 30 days before the expiration of a person's
5-47 license, the board shall send written notice of the impending
5-48 license expiration to the person at the licensee's last known
5-49 address according to the records of the board.
5-50 (o) <On renewal of the license on the new expiration date,
5-51 the total license fee is payable. Failure to renew a license by
5-52 the expiration date shall result in an increase of the renewal fee
5-53 by an amount to be determined by the board with the approval of the
5-54 department. If failure to renew continues for more than 30 days
5-55 after the date of expiration, the board shall notify the person
5-56 licensed under this Act of the expiration date of his license and
5-57 the amount of the fee required for renewal. If failure to renew
5-58 continues for more than 90 days after the date of expiration of the
5-59 license, the license shall be revoked. Any licensee whose license
5-60 is revoked because of failure to pay the annual license renewal fee
5-61 may secure reinstatement of his license at any time within one year
5-62 from the expiration date on payment of the license fee and a
5-63 penalty fee in an amount to be determined by the board with the
5-64 approval of the department. After the expiration of the year for
5-65 which the license fee was not paid, a license may not be reinstated
5-66 unless the licensee fulfills current requirements applicable to all
5-67 licensees as provided by the rules adopted by the board.>
5-68 <(h)> A licensee may request that his license be declared
5-69 inactive. The licensee then foregoes the licensing rights granted
5-70 under this Act but is relieved of renewal fees and penalty fees.
6-1 At any time in the future, the license shall be declared active on
6-2 the payment of a license fee if the applicant is not in violation
6-3 of this Act at the time of application for reactivation or renewal
6-4 of the license and if the applicant fulfills current requirements
6-5 applicable to all licensees as provided by the rules adopted by the
6-6 board of health.
6-7 (p) The board of health by rule may provide for the issuance
6-8 of a temporary license. Rules adopted under this subsection shall
6-9 include a time limit for a temporary license.
6-10 SECTION 8. Section 16, Licensed Professional Counselor Act
6-11 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
6-12 as follows:
6-13 Sec. 16. Revocation or Suspension of License. (a) The
6-14 board shall <may> revoke or suspend the license of a counselor,
6-15 place on probation a counselor whose license has been suspended, or
6-16 reprimand a counselor if <on proof that> the counselor:
6-17 (1) has violated this Act or a rule or code of ethics
6-18 adopted by the board; or
6-19 (2) is legally committed to an institution because of
6-20 mental incompetence from any cause.
6-21 (b) If a license suspension is probated, the board may
6-22 require the licensee to:
6-23 (1) report regularly to the board on matters that are
6-24 the basis of the probation;
6-25 (2) limit practice to the areas prescribed by the
6-26 board; or
6-27 (3) continue or review continuing professional
6-28 education until the licensee attains a degree of skill satisfactory
6-29 to the board in those areas that are the basis of the probation.
6-30 (c) A licensee is entitled to a hearing conducted by the
6-31 State Office of Administrative Hearings before a sanction is
6-32 imposed under this section.
6-33 (d) The board of health by rule shall adopt a broad schedule
6-34 of sanctions for violations under this Act. The State Office of
6-35 Administrative Hearings shall use the schedule for any sanction
6-36 imposed as the result of a hearing conducted by that office.
6-37 (e) Proceedings for revocation or suspension of a license
6-38 and appeals from those proceedings are governed by the
6-39 Administrative Procedure and Texas Register Act, as amended
6-40 (Article 6252-13a, Vernon's Texas Civil Statutes).
6-41 SECTION 9. The Licensed Professional Counselor Act (Article
6-42 4512g, Vernon's Texas Civil Statutes) is amended by adding Sections
6-43 16A, 16B, 16C, and 16D to read as follows:
6-44 Sec. 16A. COMPLAINT PROCEDURE IN GENERAL. (a) The board
6-45 shall keep an information file about each complaint filed with the
6-46 board. The board's information file shall be kept current and
6-47 contain a record for each complaint of:
6-48 (1) all persons contacted in relation to the
6-49 complaint;
6-50 (2) a summary of findings made at each step of the
6-51 complaint process;
6-52 (3) an explanation of the legal basis and reason for a
6-53 complaint that is dismissed; and
6-54 (4) other relevant information.
6-55 (b) If a written complaint is filed with the board that the
6-56 board has authority to resolve, the board, at least as frequently
6-57 as quarterly and until final disposition of the complaint, shall
6-58 notify the parties to the complaint of the status of the complaint
6-59 unless the notice would jeopardize an undercover investigation.
6-60 (c) The board of health by rule shall adopt a form to
6-61 standardize information concerning complaints made to the board.
6-62 The board of health by rule shall prescribe information to be
6-63 provided to a person when the person files a complaint with the
6-64 board.
6-65 (d) The board shall provide reasonable assistance to a
6-66 person who wishes to file a complaint with the board.
6-67 Sec. 16B. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
6-68 board of health shall adopt rules concerning the investigation of a
6-69 complaint filed with the board. The rules adopted under this
6-70 subsection shall:
7-1 (1) distinguish between categories of complaints;
7-2 (2) ensure that complaints are not dismissed without
7-3 appropriate consideration;
7-4 (3) require that the board be advised of a complaint
7-5 that is dismissed and that a letter be sent to the person who filed
7-6 the complaint explaining the action taken on the dismissed
7-7 complaint;
7-8 (4) ensure that the person who filed the complaint has
7-9 an opportunity to explain the allegations made in the complaint;
7-10 and
7-11 (5) prescribe guidelines concerning the categories of
7-12 complaints that require the use of a private investigator and the
7-13 procedures for the board to obtain the services of a private
7-14 investigator.
7-15 (b) The board shall dispose of all complaints in a timely
7-16 manner. The board shall establish a schedule for conducting each
7-17 phase of a complaint that is under the control of the board not
7-18 later than the 30th day after the date the complaint is received by
7-19 the board. The schedule shall be kept in the information file for
7-20 the complaint and all parties shall be notified of the projected
7-21 time requirements for pursuing the complaint. A change in the
7-22 schedule must be noted in the complaint information file and all
7-23 parties to the complaint must be notified not later than the
7-24 seventh day after the date the change is made.
7-25 (c) The executive secretary of the board shall notify the
7-26 board of a complaint that extends beyond the time prescribed by the
7-27 board for resolving the complaint so that the board may take
7-28 necessary action on the complaint.
7-29 Sec. 16C. INFORMAL PROCEEDINGS. (a) The board of health by
7-30 rule shall adopt procedures governing:
7-31 (1) informal disposition of a contested case under
7-32 Section 13(e), Administrative Procedure and Texas Register Act
7-33 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
7-34 subsequent amendments; and
7-35 (2) informal proceedings held in compliance with
7-36 Section 18(c), Administrative Procedure and Texas Register Act
7-37 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
7-38 subsequent amendments.
7-39 (b) Rules adopted under this section must provide the
7-40 complainant and the licensee an opportunity to be heard and must
7-41 require the presence of an attorney to advise the board or board's
7-42 employees. The attorney must be a member of the board's legal
7-43 staff if the board has a legal staff. If the board does not have a
7-44 legal staff, the attorney must be an employee of the office of the
7-45 attorney general.
7-46 Sec. 16D. MONITORING OF LICENSEES. The board of health by
7-47 rule shall develop a system for monitoring licensees' compliance
7-48 with the requirements of this Act. Rules adopted under this
7-49 section shall include procedures for monitoring a licensee who is
7-50 ordered by the board to perform certain acts to ascertain that the
7-51 licensee performs the required acts and to identify and monitor
7-52 licensees who represent a risk to the public.
7-53 SECTION 10. Section 17, Licensed Professional Counselor Act
7-54 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
7-55 as follows:
7-56 Sec. 17. Power to Sue. The board <or the department> may
7-57 institute a suit in its own name to enjoin the violation of this
7-58 Act. The suit is in addition to any other action, proceeding, or
7-59 remedy authorized by law. The board shall be represented by the
7-60 attorney general or the appropriate county or district attorney.
7-61 SECTION 11. Section 18, Licensed Professional Counselor Act
7-62 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
7-63 as follows:
7-64 Sec. 18. ENDORSEMENT <Reciprocity>. (a) The board may
7-65 grant, on application and payment of fees, a provisional license
7-66 <without examination> to a person who at the time of application
7-67 holds a valid license or certificate as a counselor issued by
7-68 another state or any political territory or jurisdiction acceptable
7-69 to the board <if in the board's opinion the requirements for that
7-70 license or certificate are substantially the same as the
8-1 requirements of this Act>. An applicant for a provisional license
8-2 under this section must:
8-3 (1) be licensed in good standing as a counselor in
8-4 another state, territory, or jurisdiction that has licensing
8-5 requirements that are substantially equivalent to the requirements
8-6 of this Act;
8-7 (2) have passed a national or other examination
8-8 recognized by the board relating to counseling; and
8-9 (3) be sponsored by a person licensed by the board
8-10 under this Act with whom the provisional licensee may practice
8-11 under this section.
8-12 (b) An applicant for a provisional license may be excused
8-13 from the requirement of Subsection (a)(3) of this section if the
8-14 board determines that compliance with that subsection constitutes a
8-15 hardship to the applicant.
8-16 (c) A provisional license is valid until the date the board
8-17 approves or denies the provisional licensee's application for a
8-18 license. The board shall issue a license under this Act to the
8-19 holder of a provisional license under this section if:
8-20 (1) the provisional licensee passes the examination
8-21 required by Section 12 of this Act;
8-22 (2) the board verifies that the provisional licensee
8-23 has the academic and experience requirements for a license under
8-24 this Act; and
8-25 (3) the provisional licensee satisfies any other
8-26 license requirements under this Act.
8-27 (d) The board must complete the processing of a provisional
8-28 licensee's application for a license not later than the 180th day
8-29 after the date the provisional license is issued.
8-30 SECTION 12. Section 19, Licensed Professional Counselor Act
8-31 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
8-32 as follows:
8-33 Sec. 19. Revenue, Receipts and Disbursements. (a) The
8-34 department shall receive and account for funds derived under this
8-35 Act. The funds shall be deposited in the State Treasury to the
8-36 credit of a special fund to be known as the professional counselors
8-37 licensing fund and may be used only for the administration of this
8-38 Act.
8-39 (b) <The board may impose application, examination, license,
8-40 and renewal fees and any other appropriate fees in an amount fixed
8-41 by the board.> The board of health by rule shall establish
8-42 reasonable and necessary <fix the amounts of the> fees so that the
8-43 fees, in the aggregate, produce <to collect> sufficient revenue to
8-44 meet the expenses of administering this Act without accumulating
8-45 unnecessary surpluses.
8-46 (c) The fees set by the board of health may be adjusted so
8-47 that the total fees collected are sufficient to meet the expenses
8-48 of administering this Act. The board of health may not set a fee
8-49 for an amount less than the amount of that fee on September 1,
8-50 1993.
8-51 SECTION 13. Section 21, Licensed Professional Counselor Act
8-52 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
8-53 as follows:
8-54 Sec. 21. Sunset provision. The Texas State Board of
8-55 Examiners of Professional Counselors is subject to Chapter 325,
8-56 Government Code (Texas Sunset Act). Unless the board is continued
8-57 in existence as provided by that chapter, the board is abolished
8-58 September 1, 2005 <1993>.
8-59 SECTION 14. The changes in law made by this Act in the
8-60 qualifications of and prohibitions applying to members of the Texas
8-61 State Board of Examiners of Professional Counselors do not affect
8-62 the entitlement of a member appointed before September 1, 1993, to
8-63 continue to hold office on the board for the term for which the
8-64 member was appointed. The changes in law apply only to a member
8-65 appointed on or after September 1, 1993.
8-66 SECTION 15. Section 22, Licensed Professional Counselor Act
8-67 (Article 4512g, Vernon's Texas Civil Statutes), is repealed.
8-68 SECTION 16. This Act takes effect September 1, 1993.
8-69 SECTION 17. The importance of this legislation and the
8-70 crowded condition of the calendars in both houses create an
9-1 emergency and an imperative public necessity that the
9-2 constitutional rule requiring bills to be read on three several
9-3 days in each house be suspended, and this rule is hereby suspended.
9-4 * * * * *
9-5 Austin,
9-6 Texas
9-7 May 3, 1993
9-8 Hon. Bob Bullock
9-9 President of the Senate
9-10 Sir:
9-11 We, your Committee on Health and Human Services to which was
9-12 referred S.B. No. 1427, have had the same under consideration, and
9-13 I am instructed to report it back to the Senate with the
9-14 recommendation that it do not pass, but that the Committee
9-15 Substitute adopted in lieu thereof do pass and be printed.
9-16 Zaffirini,
9-17 Chair
9-18 * * * * *
9-19 WITNESSES
9-20 FOR AGAINST ON
9-21 ___________________________________________________________________
9-22 Name: Karen Haun Barlow x
9-23 Representing: Self
9-24 City: Ft Worth
9-25 -------------------------------------------------------------------
9-26 Name: James O. Mathis x
9-27 Representing: Texas St Bd of Examiners Profess
9-28 City: Huntsville
9-29 -------------------------------------------------------------------
9-30 Name: Kathy Craft x
9-31 Representing: Texas St Bd of Ex. Professional
9-32 City: Austin
9-33 -------------------------------------------------------------------
9-34 Name: G. K. Sprinkle x
9-35 Representing: Texas Counseling Asso
9-36 City: Austin
9-37 -------------------------------------------------------------------