By: Moncrief S.B. No. 1458
73R9408 NSC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of licensed psychological specialists
1-3 and to the creation of the Texas State Board of Examiners of
1-4 Licensed Psychological Specialists; providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Title 71, Revised Statutes, is amended by adding
1-7 Article 4512c-2 to read as follows:
1-8 Art. 4512c-2. LICENSED PSYCHOLOGICAL SPECIALIST ACT
1-9 Sec. 1. SHORT TITLE. This article may be cited as the
1-10 Licensed Psychological Specialist Act.
1-11 Sec. 2. DEFINITIONS. In this article:
1-12 (1) "Applicant" means an individual who seeks
1-13 licensing under this article.
1-14 (2) "Board" means the Texas State Board of Examiners
1-15 of Licensed Psychological Specialists.
1-16 (3) "Department" means the Texas Department of Health.
1-17 (4) "Graduate semester hour" means a semester hour or
1-18 the quarter hour equivalent as defined by regional accrediting
1-19 educational associations when applied only to domestic training
1-20 programs.
1-21 (5) "Licensed psychological specialist" means a person
1-22 who represents the person to the public by any title or description
1-23 of services incorporating the words "Licensed Psychological
1-24 Specialist," who offers to render professional counseling and
2-1 psychodiagnostic services in private practice or in an exempt
2-2 agency or institution under Section 3 of this article to
2-3 individuals, groups, organizations, corporations, institutions,
2-4 government agencies, or the general public for compensation,
2-5 implying that the person is licensed and trained, experienced, or
2-6 expert in counseling and psychodiagnostic testing, and who holds a
2-7 valid license to engage in the private practice of counseling and
2-8 psychodiagnostic testing.
2-9 (6) "Psychological specialist services" means those
2-10 acts and behaviors within the meaning of the private practice of
2-11 psychological specialist.
2-12 (7) "Private practice of psychological specialist"
2-13 means rendering or offering to render to individuals, groups,
2-14 organizations, or the general public psychological specialist
2-15 services, in private practice for compensation, involving the
2-16 application of principles, methods, or procedures. The term
2-17 includes:
2-18 (A) "counseling," which means assisting an
2-19 individual or group, through the counseling relationship, to
2-20 develop understanding of personal problems, to define goals, and to
2-21 plan action reflecting an individual's or group's interests,
2-22 abilities, aptitudes, and needs as they are related to
2-23 personal-social concerns, educational progress, occupations, and
2-24 careers;
2-25 (B) "psychodiagnostic testing," which means
2-26 selecting, administering, scoring, and interpreting objective and
2-27 projective instruments designed to assess an individual's cognitive
3-1 abilities, intellectual abilities, aptitudes, attitudes,
3-2 achievements, interests, and personality characteristics;
3-3 (C) "referral activities," which means the
3-4 evaluating of data to identify problems and to determine
3-5 advisability of referral to other specialists; and
3-6 (D) "research activities," which means the
3-7 designing, conducting, and interpreting of research with human
3-8 subjects.
3-9 Sec. 3. EXEMPTIONS. This article does not apply to:
3-10 (1) the activities and services of or use of an
3-11 official title by a person employed as a psychological specialist
3-12 by a federal, state, county, or municipal agency or public or
3-13 private educational institution, if the person is performing
3-14 psychological specialist activities within the scope of the
3-15 person's employment;
3-16 (2) the activities and services of a student, intern,
3-17 or trainee pursuing a course of study resulting in a master in
3-18 psychology in a regionally accredited institution of higher
3-19 education or training institution, if these activities and services
3-20 constitute a part of the supervised course of study and the person
3-21 is designated a "psychological specialist intern"; or
3-22 (3) the activities and services of a nonresident
3-23 rendered not more than 30 days during any year, if the person is
3-24 authorized to perform the activities and services under the law of
3-25 the state or country of the person's residence.
3-26 Sec. 4. NATURE AND COMPOSITION OF BOARD. (a) The Texas
3-27 State Board of Examiners of Licensed Psychological Specialists
4-1 consists of:
4-2 (1) six members licensed as psychological specialists;
4-3 and
4-4 (2) three members who represent the public.
4-5 (b) Members of the board are appointed by the governor with
4-6 the advice and consent of the senate.
4-7 (c) Appointments to the board shall be made without regard
4-8 to the race, color, disability, sex, religion, age, or national
4-9 origin of the appointees.
4-10 Sec. 5. Board Member Qualifications. (a) To be qualified
4-11 for appointment as a member of the board who is a psychological
4-12 specialist, a person must:
4-13 (1) be a citizen of the United States and a resident
4-14 of this state for the 30 months immediately preceding appointment;
4-15 and
4-16 (2) be licensed under this article.
4-17 (b) To be qualified for appointment as a member of the board
4-18 who is a representative of the general public, a person must:
4-19 (1) be a citizen of the United States and a resident
4-20 of this state for the 30 months preceding appointment; and
4-21 (2) be at least 18 years old.
4-22 Sec. 6. OFFICERS; MEETINGS; COMPENSATION. (a) The board
4-23 annually shall select a chairman and vice-chairman.
4-24 (b) The board shall hold at least two regular meetings each
4-25 year as provided by rules adopted by the board and approved by the
4-26 department. Five members constitute a quorum.
4-27 (c) The board may delegate functions and activities required
5-1 by this article to individuals and committees on a permanent or
5-2 temporary basis if a quorum of the board agrees to the delegation
5-3 and if the delegates clearly possess the professional and personal
5-4 qualifications to act as delegates of the board.
5-5 (d) A member of the board is entitled to a per diem as set
5-6 by the General Appropriations Act for each day that the member
5-7 engages in the business of the board. A member may not receive any
5-8 reimbursement for travel expenses, including expenses for meals and
5-9 lodging, other than transportation expenses as provided by the
5-10 General Appropriations Act.
5-11 Sec. 7. TERMS. (a) Members of the board are appointed for
5-12 staggered six-year terms, with three members' terms expiring on
5-13 February 1 of each odd-numbered year.
5-14 (b) A member appointed to fill a vacancy shall hold office
5-15 for the remainder of that term.
5-16 Sec. 8. PUBLIC MEMBERSHIP RESTRICTION. A person is not
5-17 eligible for appointment as a public member of the board if the
5-18 person or the person's spouse:
5-19 (1) is registered, certified, or licensed by an
5-20 occupational regulatory agency in the field of health care;
5-21 (2) is employed by or participates in the management
5-22 of a business entity or other organization regulated by the board
5-23 or receiving funds from the board;
5-24 (3) owns or controls, directly or indirectly, more
5-25 than 10 percent interest in a business entity or other organization
5-26 regulated by the board or receiving funds from the board; or
5-27 (4) uses or receives a substantial amount of tangible
6-1 goods, services, or funds from the board, other than compensation
6-2 or reimbursement authorized by law for board membership,
6-3 attendance, or expenses.
6-4 Sec. 9. CONFLICT OF INTEREST RESTRICTIONS. (a) An officer,
6-5 employee, or paid consultant of a Texas trade association in the
6-6 field of health care may not be a member or employee of the board
6-7 who is exempt from the state's position classification plan or is
6-8 compensated at or above the amount prescribed by the General
6-9 Appropriations Act for step 1, salary group 17, of the position
6-10 classification salary schedule.
6-11 (b) A person who is the spouse of an officer, manager, or
6-12 paid consultant of a Texas trade association in the field of health
6-13 care may not be a board member and may not be an employee of the
6-14 board who is exempt from the state's position classification plan
6-15 or is compensated at or above the amount prescribed by the General
6-16 Appropriations Act for step 1, salary group 17, of the position
6-17 classification salary schedule.
6-18 (c) For the purposes of this section, a Texas trade
6-19 association is a nonprofit, cooperative, and voluntarily joined
6-20 association of business or professional competitors in this state
6-21 designed to assist its members and its industry or profession in
6-22 dealing with mutual business or professional problems and in
6-23 promoting their common interest.
6-24 Sec. 10. EFFECT OF LOBBYING ACTIVITY. A person may not
6-25 serve as a member of the board or act as the general counsel to the
6-26 board if the person is required to register as a lobbyist under
6-27 Chapter 305, Government Code, and its subsequent amendments,
7-1 because of the person's activities for compensation on behalf of a
7-2 profession related to the operation of the board.
7-3 Sec. 11. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a
7-4 ground for removal from the board if a member:
7-5 (1) does not have at the time of appointment the
7-6 qualifications required by Section 4 or 5 of this article;
7-7 (2) does not maintain during service on the board the
7-8 qualifications required by Section 4 or 5 of this article;
7-9 (3) violates a prohibition established by Section 9 or
7-10 10 of this article;
7-11 (4) cannot discharge the member's term for a
7-12 substantial part of the term for which the member is appointed
7-13 because of illness or disability; or
7-14 (5) is absent from more than half of the regularly
7-15 scheduled board meetings that the member is eligible to attend
7-16 during a calendar year unless the absence is excused by majority
7-17 vote of the board.
7-18 (b) The validity of an action of the board is not affected
7-19 by the fact that it is taken when a ground for removal of a board
7-20 member exists.
7-21 (c) If the executive secretary has knowledge that a
7-22 potential ground for removal exists, the executive secretary shall
7-23 notify the chairman of the board of the ground. The chairman shall
7-24 then notify the governor that a potential ground for removal
7-25 exists.
7-26 Sec. 12. STAFF. (a) The executive secretary must be an
7-27 employee of the department. The commissioner of health, after
8-1 consulting with the board, shall designate an employee to serve as
8-2 executive secretary of the board. The executive secretary is the
8-3 administrator of licensing activities for the board. In addition
8-4 to other duties prescribed by this article and by the department,
8-5 the executive secretary shall:
8-6 (1) keep full and accurate minutes of the transactions
8-7 and proceedings of the board;
8-8 (2) be the custodian of the files and records of the
8-9 board;
8-10 (3) prepare and recommend to the board plans and
8-11 procedures necessary to implement the purposes and objectives of
8-12 this article, including rules and proposals on administrative
8-13 procedures not inconsistent with this article;
8-14 (4) exercise general supervision over persons employed
8-15 by the department in the administration of this article;
8-16 (5) be responsible for the investigation of complaints
8-17 and for the presentation of formal complaints;
8-18 (6) attend all meetings of the board, but the
8-19 executive secretary is not entitled to vote at board meetings; and
8-20 (7) handle or arrange for the handling of the
8-21 correspondence of the board, make or arrange for necessary
8-22 inspections and investigations, and obtain, assemble, or prepare
8-23 the reports and information that the board may direct or authorize.
8-24 (b) The basic personnel and necessary facilities that are
8-25 required to administer this article shall be the personnel and
8-26 facilities of the department acting as the agents of the board.
8-27 The department may secure by agreement services that it considers
9-1 necessary and provide for compensation for these services and may
9-2 employ and compensate, within appropriations available, the
9-3 professional consultants, technical assistants, and employees on a
9-4 full- or part-time basis necessary to administer this article.
9-5 (c) The board shall develop and implement policies that
9-6 clearly define the respective responsibilities of the board and the
9-7 staff of the board.
9-8 Sec. 13. BOARD RESPONSIBILITIES. (a) The board shall:
9-9 (1) determine the qualifications and fitness of
9-10 applicants for licenses, renewal of licenses, and reciprocal
9-11 licenses;
9-12 (2) adopt and revise rules not inconsistent with the
9-13 law of this state that are necessary to administer this article;
9-14 (3) adopt and publish a code of ethics;
9-15 (4) examine for, deny, approve, issue, revoke,
9-16 suspend, and renew the licenses of applicants and license holders
9-17 under this article; and
9-18 (5) establish a mandatory continuing education program
9-19 for license holders.
9-20 (b) Any rule adopted by the board under this article is
9-21 subject to the approval of the department.
9-22 Sec. 14. COMPETITIVE BIDDING; ADVERTISING. The board may
9-23 not adopt rules restricting competitive bidding or advertising by
9-24 license holders except to prohibit false, misleading, or deceptive
9-25 practices. The board may not include in its rules to prohibit
9-26 false, misleading, or deceptive practices by license holders a rule
9-27 that:
10-1 (1) restricts a license holder's use of any medium for
10-2 advertising;
10-3 (2) restricts a license holder's personal appearance
10-4 or use of the person's personal voice in an advertisement;
10-5 (3) relates to the size or duration of an
10-6 advertisement by a license holder; or
10-7 (4) restricts a license holder's advertisement under a
10-8 trade name.
10-9 Sec. 15. PUBLIC INTEREST INFORMATION. (a) The board shall
10-10 prepare information of public interest describing the functions of
10-11 the board and the board's procedures by which complaints are filed
10-12 with and resolved by the board. The board shall make the
10-13 information available to the public and appropriate state agencies.
10-14 (b) The board by rule shall establish methods by which
10-15 consumers and service recipients are notified of the name, mailing
10-16 address, and telephone number of the board for the purpose of
10-17 directing complaints to the board. The board may provide for that
10-18 notification:
10-19 (1) on each registration form, application, or written
10-20 contract for services of an individual or entity regulated by the
10-21 board;
10-22 (2) on a sign prominently displayed in the place of
10-23 business of each individual or entity regulated by the board; or
10-24 (3) in a bill for service provided by an individual or
10-25 entity regulated by the board.
10-26 (c) The board shall list along with its regular telephone
10-27 number the toll-free telephone number that may be called to present
11-1 a complaint about a health professional if the toll-free number is
11-2 established under other state law.
11-3 Sec. 16. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
11-4 shall develop and implement policies that provide the public with a
11-5 reasonable opportunity to appear before the board and to speak on
11-6 any issue under the jurisdiction of the board.
11-7 Sec. 17. PROGRAM ACCESSIBILITY. The board shall prepare and
11-8 maintain a written plan that describes how a person who does not
11-9 speak English can be provided reasonable access to the board's
11-10 programs. The board shall also comply with federal and state laws
11-11 for program and facility accessibility.
11-12 Sec. 18. TRAINING; STANDARDS OF CONDUCT INFORMATION. (a)
11-13 Each board member shall comply with the board member training
11-14 requirements established by any other state agency that is given
11-15 authority to establish the requirements for the board.
11-16 (b) The board shall provide to its members and employees, as
11-17 often as necessary, information regarding their qualifications for
11-18 office or employment under this article and their responsibilities
11-19 under applicable laws relating to standards of conduct for state
11-20 officers or employees.
11-21 Sec. 19. INITIAL LICENSING PERIOD. (a) For one year
11-22 beginning on the effective date of this article, a person may apply
11-23 for licensing without examination, except that if the board cannot
11-24 establish competence to its satisfaction through an examination of
11-25 credentials, the board may require examination of an applicant
11-26 under the initial licensing period.
11-27 (b) For the initial licensing period, an applicant must:
12-1 (1) be at least 18 years old;
12-2 (2) have submitted a completed application made under
12-3 oath as required by the board accompanied by the application fee
12-4 set by the board; and
12-5 (3) have:
12-6 (A) a master's degree;
12-7 (B) at least 30 graduate semester hours in the
12-8 field of psychology; and
12-9 (C) 24 months or 2,000 hours of professional
12-10 experience working in a psychological setting that meets the
12-11 requirements established by the board.
12-12 (c) The board by rule may waive initial licensing
12-13 requirements for a certified psychological associate or a
12-14 nationally certified school psychologist.
12-15 Sec. 20. APPLICANT QUALIFICATIONS. (a) An applicant is
12-16 qualified for a license to practice as a psychological specialist
12-17 if the applicant:
12-18 (1) is at least 18 years old;
12-19 (2) has submitted an application made under oath as
12-20 required by the board, accompanied by the application fee set by
12-21 the board;
12-22 (3) has met requirements prescribed by the board;
12-23 (4) has a master's degree from a department of
12-24 psychology in a regionally accredited institution and the
12-25 applicant's transcript designates a major in psychology; and
12-26 (5) has 24 months or a minimum of 2,000 hours of
12-27 supervised experience working in a psychological setting that meets
13-1 the requirements established by the board.
13-2 (b) A master's degree that is primarily in psychology is
13-3 acceptable if the:
13-4 (1) degree contains a minimum of 45 graduate semester
13-5 credit hours;
13-6 (2) academic program for the degree includes evidence
13-7 of competency in the following areas:
13-8 (A) statistics and research design;
13-9 (B) biological bases of behavior;
13-10 (C) learned bases of behavior;
13-11 (D) social and cultural bases of behavior;
13-12 (E) individual difference and human development
13-13 or personality theory;
13-14 (F) abnormal behavior and psychopathology; and
13-15 (G) ethical and professional standards;
13-16 (3) course work for the degree includes:
13-17 (A) applying psychological theory and principles
13-18 in assessment and intervention;
13-19 (B) administering psychological tests;
13-20 (C) developing the ability to administer, score,
13-21 and interpret intelligence and personality tests; and
13-22 (D) applying intervention and treatment
13-23 methodologies; and
13-24 (4) practicum or internship work required for the
13-25 degree consists of:
13-26 (A) at least 450 hours under the supervision of
13-27 a licensed psychological specialist with at least five years of
14-1 experience;
14-2 (B) at least one hour of individual supervision
14-3 for every 20 practicum or internship hours; and
14-4 (C) a mental health service caseload.
14-5 Sec. 21. Application Review. After investigation of the
14-6 application and other evidence submitted, the board shall, not
14-7 later than the 30th day before the examination date, notify each
14-8 applicant that the application and evidence submitted are
14-9 satisfactory and accepted or unsatisfactory and rejected. If
14-10 rejected, the notice shall state the reasons for the rejection.
14-11 Sec. 22. EXAMINATION. (a) Examinations to determine
14-12 competence shall be administered to qualified applicants at least
14-13 twice each calendar year. The examinations shall be in any of the
14-14 following forms as determined by the board for each applicant:
14-15 (1) a field examination through questionnaires
14-16 answered by the applicant's instructors, employers, supervisors,
14-17 references, and others who are competent in the board's judgment to
14-18 evaluate the applicant's professional competence, which may include
14-19 the submission of written case studies and taped interviews with
14-20 the applicant's instructors, employers, supervisors, references,
14-21 and others or submission of documentary evidence of the quality,
14-22 scope, and nature of the applicant's experience and competence as
14-23 the board considers necessary; or
14-24 (2) other examinations as prescribed by the board.
14-25 (b) If a written examination is required, the board shall
14-26 grade the examination and recommend to the presiding officer of the
14-27 board action to be taken. To ensure impartiality, written
15-1 examination documents shall be identified by number, and no paper
15-2 may be marked with the name of an applicant. The board shall grade
15-3 written examinations anonymously. The board shall have the written
15-4 portion of the examination, if any, validated by an independent
15-5 testing professional. If an applicant fails to receive a passing
15-6 grade on the entire examination, the applicant may reapply and may
15-7 take a subsequent examination. An applicant who has failed two
15-8 successive examinations may not reapply until two years have
15-9 elapsed from the date of the last examination or the applicant has
15-10 satisfactorily completed nine graduate semester hours in the
15-11 applicant's weakest portion of the examination.
15-12 (c) Not later than the 30th day after the day a licensing
15-13 examination is administered under this article, the board shall
15-14 notify each examinee of the results of the examination. However,
15-15 if an examination is graded or reviewed by a national testing
15-16 service, the board shall notify each examinee of the results of the
15-17 examination not later than the 14th day after the day the board
15-18 receives the results from the testing service. If the notice of
15-19 the examination results graded or reviewed by the national testing
15-20 service will be delayed for more than 90 days after the examination
15-21 date, the board shall notify the examinee of the reason for the
15-22 delay before the 90th day.
15-23 (d) If requested in writing by a person who fails the
15-24 examination for a license, the board shall furnish to the person an
15-25 analysis of the person's performance on the examination.
15-26 Sec. 23. LICENSES AND RENEWAL OF LICENSES. (a) A license
15-27 certificate issued by the board is the property of the board and
16-1 must be surrendered on demand.
16-2 (b) The license holder shall display the license certificate
16-3 in an appropriate and public manner.
16-4 (c) The license holder shall inform the board of the license
16-5 holder's current address at all times.
16-6 (d) Each year the board shall prepare a registry of licensed
16-7 psychological specialists with specialties, if any, identified.
16-8 The board shall make the registry available to the license holders,
16-9 other state agencies, and the general public on request.
16-10 (e) The license may be renewed annually if the license
16-11 holder is not in violation of this article at the time of
16-12 application for renewal.
16-13 (f) The board by rule shall establish a minimum number of
16-14 hours of continuing education required to renew a license under
16-15 this article. The board may assess the continuing education needs
16-16 of license holders and may require license holders to attend
16-17 continuing education courses specified by the board. The board by
16-18 rule shall develop a process to evaluate and approve continuing
16-19 education courses.
16-20 (g) The board shall identify the key factors for the
16-21 competent performance by a license holder of the license holder's
16-22 professional duties. The board shall implement a procedure to
16-23 assess a license holder's participation in continuing education
16-24 programs.
16-25 (h) Each person licensed under this article is responsible
16-26 for renewing the person's license before the expiration date.
16-27 (i) The board shall adopt a system under which licenses
17-1 expire on various dates during the year. For the year in which the
17-2 expiration date is changed, license fees payable on the date of
17-3 issuance shall be prorated on a monthly basis so that each license
17-4 holder shall pay only that portion of the license fee that is
17-5 applicable to the number of months during which the license is
17-6 valid.
17-7 (j) A person may renew an unexpired license by paying to the
17-8 department before the expiration of the license the required
17-9 renewal fee.
17-10 (k) If a person's license has been expired for 90 days or
17-11 less, the person may renew the license by paying to the department
17-12 the required renewal fee and a fee that is one-half of the
17-13 examination fee for the license.
17-14 (l) If a person's license has been expired for longer than
17-15 90 days but less than one year, the person may renew the license by
17-16 paying to the department all unpaid renewal fees and a fee that is
17-17 equal to the examination fee for the license.
17-18 (m) If a person's license has been expired for one year or
17-19 longer, the person may not renew the license. The person may
17-20 obtain a new license by submitting to reexamination and complying
17-21 with the requirements and procedures for obtaining an original
17-22 license. However, the board may renew without reexamination an
17-23 expired license of a person who was licensed in this state, moved
17-24 to another state, and is currently licensed and has been in
17-25 practice in the other state for the two years preceding
17-26 application. The person must pay to the department a fee that is
17-27 equal to the examination fee for the license.
18-1 (n) At least 30 days before the expiration of a person's
18-2 license, the board shall send written notice of the impending
18-3 license expiration to the person at the license holder's last known
18-4 address according to the records of the board.
18-5 (o) A license holder may request that the license holder's
18-6 license be declared inactive. The license holder then forgoes the
18-7 licensing rights granted under this article but is relieved of
18-8 renewal fees and penalty fees. At any time in the future, the
18-9 license shall be declared active on the payment of a license fee if
18-10 the applicant is not in violation of this article at the time of
18-11 application for reactivation or renewal of the license and if the
18-12 applicant fulfills current requirements applicable to all license
18-13 holders as provided by the rules adopted by the board.
18-14 (p) The board by rule may provide for the issuance of a
18-15 temporary license. Rules adopted under this subsection shall
18-16 include a time limit for a temporary license.
18-17 Sec. 24. PENALTY. (a) A person commits an offense if the
18-18 person, after one year from the effective date of this article,
18-19 knowingly or intentionally acts as a licensed psychological
18-20 specialist without a license issued under this article.
18-21 (b) An offense under this section is a Class B misdemeanor.
18-22 Sec. 25. REVOCATION OR SUSPENSION OF LICENSE. (a) The
18-23 board shall revoke or suspend the license of a psychological
18-24 specialist, place on probation a psychological specialist whose
18-25 license has been suspended, or reprimand a psychological specialist
18-26 if the psychological specialist:
18-27 (1) has violated this article or a rule or code of
19-1 ethics adopted by the board; or
19-2 (2) is legally committed to an institution because of
19-3 mental incompetence from any cause.
19-4 (b) If a license suspension is probated, the board may
19-5 require the license holder to:
19-6 (1) report regularly to the board on matters that are
19-7 the basis of the probation;
19-8 (2) limit practice to the areas prescribed by the
19-9 board; or
19-10 (3) continue or review continuing professional
19-11 education until the license holder attains a degree of skill
19-12 satisfactory to the board in those areas that are the basis of the
19-13 probation.
19-14 (c) A license holder is entitled to a hearing conducted by
19-15 the State Office of Administrative Hearings before a sanction is
19-16 imposed under this section.
19-17 (d) The board by rule shall adopt a broad schedule of
19-18 sanctions for violations under this article. The State Office of
19-19 Administrative Hearings shall use the schedule for any sanction
19-20 imposed as the result of a hearing conducted by that office.
19-21 (e) Proceedings for revocation or suspension of a license
19-22 and appeals from those proceedings are governed by the
19-23 Administrative Procedure and Texas Register Act, as amended
19-24 (Article 6252-13a, Vernon's Texas Civil Statutes).
19-25 Sec. 26. COMPLAINT PROCEDURE IN GENERAL. (a) The board
19-26 shall keep an information file about each complaint filed with the
19-27 board. The board's information file shall be kept current and
20-1 contain a record for each complaint of:
20-2 (1) all persons contacted in relation to the
20-3 complaint;
20-4 (2) a summary of findings made at each step of the
20-5 complaint process;
20-6 (3) an explanation of the legal basis and reason for a
20-7 complaint that is dismissed; and
20-8 (4) other relevant information.
20-9 (b) If a written complaint is filed with the board that the
20-10 board has authority to resolve, the board, at least as frequently
20-11 as quarterly and until final disposition of the complaint, shall
20-12 notify the parties to the complaint of the status of the complaint
20-13 unless the notice would jeopardize an undercover investigation.
20-14 (c) The board by rule shall adopt a form to standardize
20-15 information concerning complaints made to the board. The board by
20-16 rule shall prescribe information to be provided to a person when
20-17 the person files a complaint with the board.
20-18 (d) The board shall provide reasonable assistance to a
20-19 person who wishes to file a complaint with the board.
20-20 Sec. 27. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
20-21 board shall adopt rules concerning the investigation of a complaint
20-22 filed with the board. The rules adopted under this subsection
20-23 shall:
20-24 (1) distinguish between categories of complaints;
20-25 (2) ensure that complaints are not dismissed without
20-26 appropriate consideration;
20-27 (3) require that the board be advised of a complaint
21-1 that is dismissed and that a letter be sent to the person who filed
21-2 the complaint explaining the action taken on the dismissed
21-3 complaint;
21-4 (4) ensure that the person who filed the complaint has
21-5 an opportunity to explain the allegations made in the complaint;
21-6 and
21-7 (5) prescribe guidelines concerning the categories of
21-8 complaints that require the use of a private investigator and the
21-9 procedures for the board to obtain the services of a private
21-10 investigator.
21-11 (b) The board shall dispose of all complaints in a timely
21-12 manner. The board shall establish a schedule for conducting each
21-13 phase of a complaint that is under the control of the board not
21-14 later than the 30th day after the date the complaint is received by
21-15 the board. The schedule shall be kept in the information file for
21-16 the complaint and all parties shall be notified of the projected
21-17 time requirements for pursuing the complaint. A change in the
21-18 schedule must be noted in the complaint information file and all
21-19 parties to the complaint must be notified not later than the
21-20 seventh day after the date the change is made.
21-21 (c) The executive secretary of the board shall notify the
21-22 board of a complaint that extends beyond the time prescribed by the
21-23 board for resolving the complaint so that the board may take
21-24 necessary action on the complaint.
21-25 Sec. 28. INFORMAL PROCEEDINGS. (a) The board by rule shall
21-26 adopt procedures governing:
21-27 (1) informal disposition of a contested case under
22-1 Section 13(e), Administrative Procedure and Texas Register Act
22-2 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
22-3 subsequent amendments; and
22-4 (2) informal proceedings held in compliance with
22-5 Section 18(c), Administrative Procedure and Texas Register Act
22-6 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
22-7 subsequent amendments.
22-8 (b) Rules adopted under this section must provide the
22-9 complainant and the license holder an opportunity to be heard and
22-10 must require the presence of an attorney to advise the board or
22-11 board's employees. The attorney must be a member of the board's
22-12 legal staff if the board has a legal staff. If the board does not
22-13 have a legal staff, the attorney must be an employee of the office
22-14 of the attorney general.
22-15 Sec. 29. MONITORING OF LICENSE HOLDERS. The board by rule
22-16 shall develop a system for monitoring license holders' compliance
22-17 with the requirements of this article. Rules adopted under this
22-18 section shall include procedures for monitoring a license holder
22-19 who is ordered by the board to perform certain acts to ascertain
22-20 that the license holder performs the required acts and to identify
22-21 and monitor license holders who represent a risk to the public.
22-22 Sec. 30. RECIPROCITY. (a) The board may grant, on
22-23 application and payment of fees, a provisional license to a person
22-24 who at the time of application holds a valid license or certificate
22-25 as a psychological specialist issued by another state or any
22-26 political territory or jurisdiction acceptable to the board. An
22-27 applicant for a provisional license under this section must:
23-1 (1) be licensed in good standing as a psychological
23-2 associate or specialist in another state, territory, or
23-3 jurisdiction that has licensing requirements that are substantially
23-4 equivalent to the requirements of this article;
23-5 (2) have passed a national or other examination
23-6 recognized by the board relating to psychology; and
23-7 (3) be sponsored by a person licensed by the board
23-8 under this article with whom the provisional license holder may
23-9 practice under this section.
23-10 (b) An applicant for a provisional license may be excused
23-11 from the requirement of Subsection (a)(3) of this section if the
23-12 board determines that compliance with that subsection constitutes a
23-13 hardship to the applicant.
23-14 (c) A provisional license is valid until the date the board
23-15 approves or denies the provisional license holder's application for
23-16 a license. The board shall issue a license under this article to
23-17 the holder of a provisional license under this section if:
23-18 (1) the provisional license holder passes the
23-19 examination required by Section 22 of this article;
23-20 (2) the board verifies that the provisional license
23-21 holder has the academic and experience requirements for a license
23-22 under this article; and
23-23 (3) the provisional license holder satisfies any other
23-24 license requirements under this article.
23-25 (d) The board must complete the processing of a provisional
23-26 license holder's application for a license not later than the 180th
23-27 day after the date the provisional license is issued.
24-1 Sec. 31. REVENUE, RECEIPTS, AND DISBURSEMENTS. (a) All
24-2 money paid to the department under this article shall be deposited
24-3 in the state treasury to the credit of a special fund to be known
24-4 as the psychological specialists licensing fund and may be used
24-5 only for the administration of this article.
24-6 (b) The board by rule shall establish reasonable and
24-7 necessary fees so that the fees, in the aggregate, produce
24-8 sufficient revenue to meet the expenses of administering this
24-9 article without accumulating unnecessary surpluses.
24-10 (c) The fees set by the board may be adjusted so that the
24-11 total fees collected are sufficient to meet the expenses of
24-12 administering this article.
24-13 Sec. 32. ANNUAL FINANCIAL REPORT. The department shall file
24-14 annually with the governor and the presiding officer of each house
24-15 of the legislature a complete and detailed written report
24-16 accounting for all funds received and disbursed by the department
24-17 during the preceding fiscal year under this article. The annual
24-18 report must be in the form and reported in the time provided by the
24-19 General Appropriations Act.
24-20 Sec. 33. OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE. The
24-21 board is subject to:
24-22 (1) the open meetings law, Chapter 271, Acts of the
24-23 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
24-24 Texas Civil Statutes), and its subsequent amendments; and
24-25 (2) the Administrative Procedure and Texas Register
24-26 Act (Article 6252-13a, Vernon's Texas Civil Statutes), and its
24-27 subsequent amendments.
25-1 Sec. 34. SUNSET PROVISION. The Texas State Board of
25-2 Examiners of Licensed Psychological Specialists is subject to
25-3 Chapter 325, Government Code (Texas Sunset Act), and its subsequent
25-4 amendments. Unless continued in existence as provided by that
25-5 chapter, the board is abolished and this article expires September
25-6 1, 2005.
25-7 SECTION 2. Section 5(d), Psychologists' Certification and
25-8 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
25-9 amended to read as follows:
25-10 (d) Three <Two> members must be representatives of the
25-11 general public. A person is not eligible for appointment as a
25-12 public member if the person or the person's spouse:
25-13 (1) is licensed by an occupational regulatory agency
25-14 in the field of health care;
25-15 (2) is employed by or participates in the management
25-16 of a business entity or other organization that provides
25-17 health-care services or that sells, manufactures, or distributes
25-18 health-care supplies or equipment; or
25-19 (3) owns, controls, or has, directly or indirectly,
25-20 more than a 10 percent interest in a business entity or other
25-21 organization that provides health-care services or that sells,
25-22 manufactures, or distributes health-care supplies or equipment.
25-23 SECTION 3. Section 20, Psychologists' Certification and
25-24 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
25-25 amended to read as follows:
25-26 Sec. 20. Representation as <a> Psychologist<, Psychological
25-27 Associate, or Psychologist's Assistant> Prohibited. A <After
26-1 December 31, 1970, no> person may not <shall> represent the person
26-2 <himself> as a psychologist <or psychological associate> within the
26-3 meaning of this Act unless the person <he> is certified and
26-4 registered under the provisions of this Act.
26-5 SECTION 4. Section 23(a), Psychologists' Certification and
26-6 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
26-7 amended to read as follows:
26-8 (a) The Texas State Board of Examiners of Psychologists
26-9 shall have the right to cancel, revoke, suspend, or refuse to renew
26-10 the license or certification of any psychologist <or the
26-11 certificate of any psychological associate> or reprimand any
26-12 psychologist upon proof that the psychologist:
26-13 (1) has been convicted of a felony or of a violation
26-14 of the law involving moral turpitude by any court; the conviction
26-15 of a felony shall be the conviction of any offense which if
26-16 committed within this state would constitute a felony under the
26-17 laws of this state; or
26-18 (2) uses drugs or intoxicating liquors to an extent
26-19 that affects his professional competency; or
26-20 (3) has been guilty of fraud or deceit in connection
26-21 with his services rendered as a psychologist; or
26-22 (4) except as provided by Section 15B of this Act, has
26-23 aided or abetted a person, not a licensed psychologist, in
26-24 representing that person as a psychologist within this state; or
26-25 (5) except as provided by Section 15B of this Act, has
26-26 represented himself or herself to be a psychologist licensed in
26-27 this state at a time he or she was not licensed to practice
27-1 psychology in this state, or practiced psychology in this state
27-2 without a license to practice psychology in this state; or
27-3 (6) has been guilty of unprofessional conduct as
27-4 defined by the rules established by the Board; or
27-5 (7) for any cause for which the Board shall be
27-6 authorized to take that action by another section of this Act.
27-7 SECTION 5. (a) As soon as possible after the effective date
27-8 of this Act, the governor shall appoint the initial members of the
27-9 Texas State Board of Examiners of Licensed Psychological
27-10 Specialists in accordance with Article 4512c-2, Revised Statutes,
27-11 as added by this Act. In making the initial appointments, the
27-12 governor shall designate members to serve terms as follows:
27-13 (1) two members licensed as psychological specialists
27-14 and one public member serve for terms expiring February 1, 1995;
27-15 (2) two members licensed as psychological specialists
27-16 and one public member serve for terms expiring February 1, 1997;
27-17 and
27-18 (3) two members licensed as psychological specialists
27-19 and one public member serve for terms expiring February 1, 1999.
27-20 (b) To be qualified for appointment to the Texas State Board
27-21 of Examiners of Licensed Psychological Specialists as an initial
27-22 member who is a psychological specialist, a person must meet the
27-23 requirements of Sections 19(b)(1) and (3), Article 4512c-2, Revised
27-24 Statutes, as added by this Act.
27-25 (c) The Texas State Board of Examiners of Licensed
27-26 Psychological Specialists shall adopt rules under this Act not
27-27 later than December 1, 1993.
28-1 (d) As the term of the psychological associate member of the
28-2 Texas State Board of Examiners of Psychologists expires or as a
28-3 vacancy occurs in that membership position, the governor shall
28-4 appoint a public member to the board to achieve, as soon as
28-5 possible, the membership plan prescribed for the board by this Act.
28-6 (e) The changes in law made by this Act in the
28-7 qualifications of members of the Texas State Board of Examiners of
28-8 Psychologists do not affect the entitlement of a member appointed
28-9 before September 1, 1993, to continue to hold office on the board
28-10 for the term for which the member was appointed. The changes in
28-11 the qualifications apply only to a member appointed on or after
28-12 September 1, 1993.
28-13 SECTION 6. Sections 5(c), 17(h), and 19, Psychologists'
28-14 Certification and Licensing Act (Article 4512c, Vernon's Texas
28-15 Civil Statutes), are repealed.
28-16 SECTION 7. This Act takes effect September 1, 1993.
28-17 SECTION 8. The importance of this legislation and the
28-18 crowded condition of the calendars in both houses create an
28-19 emergency and an imperative public necessity that the
28-20 constitutional rule requiring bills to be read on three several
28-21 days in each house be suspended, and this rule is hereby suspended.