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