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.