BILL ANALYSIS
C.S.H.B. 2933
By: Coleman
04-25-95
Committee Report (Substituted)
BACKGROUND
The Psychologists' Certification and Licensing Act, Article 4512c,
Vernon's Texas Civil Statutes (Act), regulates the practice of
psychology. The Act provides for both the licensure and
certification of psychologists. However, some of the provisions of
the Act fail to properly distinguish between these two categories
of authorization to practice. The term certified psychologists has
been confusing to the public as there is a variance in the types of
persons practicing under this title.
This bill would establish the certified psychologists in the
process of obtaining full licensure as provisional licensed
psychologists, and the certified psychologists who are not actually
practicing psychology and often are working in university or
research settings, would retain the title. Certified psychologists
have been unable to directly bill the insurance companies for
reimbursement, but the provisional licensed psychologists are able
to do so. Both certified psychologists and provisional licensed
psychologists are required to be supervised at all times by a
licensed psychologist when practicing psychology.
While the Texas State Board of Examiners of Psychologists (Board)
administers both a written and oral examination, the Act fails to
clearly specify that both exams will be given to individuals
seeking certification and licensure. The Act also provides for the
issuance of temporary licenses or certificates. However, the Act
requires that the Board act on these within 180 days, which is not
sufficient time to allow an applicant to take both the oral and
written tests. For this reason, very few individuals have been able
to obtain a temporary license or certificate and otherwise
qualified psychologists were prohibited from practicing in Texas.
The Act also fails to provide for the confidentiality of complaints
filed with the Board, and Board investigations pertaining to
psychologists. The lack of confidentially assurances allows for
unsubstantiated complaints to become public information, which can
be unnecessarily damaging to the practitioner. Other regulatory
bodies, such as the Board of Medical Examiners, provide that
disciplinary actions are public knowledge, while complaint files
are not. The Act also does not allow psychologists against whom a
disciplinary action is pending, access to the files of the Board.
This potentially denies the psychologists the ability to adequately
defend themselves in a hearing before the Board.
PURPOSE
H.B. 2933 proposes amendments to the Act to clarify distinctions
between licensed and certified psychologists and changes the title
of a certificate to a provisional license, to avoid confusion
between a licensed and certified psychologist. Amendments in the
bill also place more responsibility regarding wrongdoing on the
Board. The bill also amends the Act to provide psychologists with
a temporary or provisional license while seeking permanent
licensure. Finally, the bill amends the Act to ensure the
confidentiality of compliant investigations and patient identities,
and to allow psychologists timely access to Board files to have the
opportunity to adequately defend themselves in a disciplinary
hearing.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill expressly grants
additional rulemaking authority to the Board in Section 10 (Section
15A the Psychologists' Certification and Licensing Act (Article
4512c, V.T.C.S.)), and Section 17 ( Section 22, Psychologists'
Certification and Licensing Act (Article 4512c, V.T.C.S.)).
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sec. 2, Psychologists' Certification and
Licensing Act (Article 4512(c), Vernon's Texas Civil Statutes), as
follows:
(a) Adds the definitions of "certificate," "full license,"
"license," "provisional license," and "Psychologist."
(b) Makes nonsubstantial language changes to the description
of a person who represents himself to be a "psychologist"
within the meaning of this Act.
(c) Makes nonsubstantial language changes to the term
"psychological services."
SECTION 2. Amends Section 5(e)(3) of Psychologists' Certification
and Licensing Act (Article 4512c, Vernon's Texas Civil Statutes) to
change the procedure for reporting a potential ground for removal.
Current law requires the executive director to notify the governor
and attorney general if a potential ground for removal exists. As
amended, 5(e)(3) would require the executive director to notify the
Board that a potential ground for removal may exist. The Board
would be required to notify the governor and attorney general if a
potential ground for removal exists.
SECTION 3. Amends Section 8(f), (g), (j), and (m), Psychologists
Certification and Licensing Act (Article 4512c, Vernon's Texas
Civil Statutes), as follows:
(f) Changes the term "licensee" to "license holder."
(g) Changes the term "licensee" to "license holder."
(j) Requires the Board to establish mandatory continuing
education programs for persons licensed by the Board, and
deletes the reference to the programs being regulated by the
Board. Deletes the references to a certificate.
(m) States that the Board is subject to Chapters 551 and 2001,
Government Code, and deletes that the Board is subject to the
open meetings law and the Administrative Procedure and Texas
Register Act.
SECTION 4. Amends Section 8A(a), Psychologists' Certification and
Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), to
add that the policy statement must include personnel policies in
compliance with Chapter 21, Labor Code. Deletes that the policies
must be in compliance with the Commission on Human Rights Act.
SECTION 5. Amends Section 8D(c), Psychologists' Certification and
Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), to
add that a training program established under this section shall
provide information to a participant regarding the requirements of
Chapters 551, 552, and 2001, Government Code, rather than the
deleted open meetings law, open records law, and the Administrative
Procedure and Texas Register Act.
SECTION 6. Amends Section 11 of the Psychologists' Certification
and Licensing Act (Article 4512c, V.T.C.S.), by deleting the
reference to certification and adding "a provisional license" in
Subsection (a), and adding the words "or certified" to the
provision that an applicant for certification examination must not
have aided or abetted a person who is not a licensed "or certified"
psychologist in representing that the person is a psychologist in
Texas to Subsection (d)(4)(D).
SECTION 7. Amends Section 12, Article 4512c, Vernon's Texas Civil
Statutes, to delete the reference to certifications, and add "a
provisional license;" to add a reference to Section 22 of this Act,
regarding examination as a psychologist; and to change a reference
from certification fee to examination fee.
SECTION 8. Amends Sections 14(a) and (b) of the Psychologists'
Certification and Licensing Act (Article 4512c, V.T.C.S.) to
specify that the examinations the Board must administer are both
"oral and written" examinations for a provisional license; to add
that an examination is administered under Subsection (a) of this
section, rather than the deleted certification that is administered
under this Act; and to add that the jurisprudence exam shall be
administered and must be passed by all applicants before issuance
of a provisional license under this Act.
SECTION 9. Amends Section 15, Psychologists' Certification and
Licensing Act (Article 4512c, V.T.C.S.), to change the title from
"CERTIFICATION" to "ISSUANCE OF PROVISIONAL LICENSE," and add that
the Board is required to issue a provisional license to a qualified
applicant who has successfully passed the exam and paid the fee for
a provisional license. Deletes references to certification, and
deletes that a person passing the exam and paying the fee shall be
certified by the Board as a psychologist.
SECTION 10. Amends Section 15A the Psychologists' Certification
and Licensing Act (Article 4512c, V.T.C.S.), as follows:
Sec. 15A(a) is amended to provide for the granting of
temporary licenses and certificates to individuals seeking
permanent certification or licensure, including individuals
seeking reciprocity, under certain conditions.
Sec. 15A(a)(3) is amended to provide that one of the
conditions for a temporary license or certificate is that the
applicant has passed a national or other examination that is
equivalent to the examination required by the Board for a
license under this Act.
Sec. 15A(a)(4) is deleted. It requires an applicant for a
provisional license or certificate to be sponsored by a person
licensed or certified by the Board under the Act.
Sec. 15A(b) is deleted. It allows an applicant for a
provisional license or certificate to be excused from the
requirement of Subsection (a)(4).
Sec. 15A(c) is relettered as 15A(b) and is amended to provide
that a temporary license or certificate is valid for one year
or until a permanent license or certificate is granted.
Deletes previous language regarding license qualifications for
provisional license holders.
A new Sec. 15A(c) is added to require that a temporary license
or certificate automatically expire if the Board denies an
application for a permanent license or certification.
Sec. 15A(d) is deleted, regarding the processing of a license
for a provisional license holder.
A new Sec. 15A(d) is added to provide that all temporary
licenses and certificates expire within one year.
Sec. 15A(e) is amended to provide that the Board may adopt
rules regarding "temporary," instead of the deleted
"provisional," certification or licensing.
Sec. 15A(f) is added, stipulating that a temporary license or
certificate does not constitute a vested property right.
Sec. 15A(g) is added to provide that signs must be displayed
indicating that the practitioner holds a temporary license or
certificate.
SECTION 11. Amends Section 16B(a), Psychologists' Certification and
Licensing Act (Article 4512c, V.T.C.S.), to change certification to
provisional licensure with regard to fees, and to specify that
there is also a fee for a full license.
SECTION 12. Amends Section 17, Psychologists' Certification and
Licensing Act (Article 4512c, V.T.C.S.), by adding "LICENSE" to the
title, deleting the references to certification, and adding license
or provisional license where applicable.
SECTION 13. Amends Section 18 of the Psychologists' Certification
and Licensing Act (Article 4512c, V.T.C.S.) to provide that an
annual list of all licensed and certified psychologists must be
published. Deletes the requirement that this list be published each
April.
SECTION 14. Amends Section 19A(k), Psychologists' Certification
and Licensing Act (Article 4512c, V.T.C.S.) to add that the
advisory committee is subject to Chapters 551, 552, and 2001,
Government Code, rather than the deleted open meetings law, the
open records law, and the Administrative Procedure and Texas
Register Act.
SECTION 15. Amends Section 20, Psychologists' Certification and
Licensing Act (Article 4512c, V.T.C.S.) to change a reference from
certified to licensed, and add that a person exempt under Section
22 of this Act is exempt from the license requirement.
SECTION 16. Amends Section 21, Psychologists' Certification and
Licensing Act (Article 4512c, V.T.C.S.) to change the title from
"LICENSING" to "FULL LICENSE," add specifications to the
requirements a psychologist must satisfy to obtain a full license,
and add that a person is not eligible unless the person holds a
provisional license.
SECTION 17. Amends Section 22(a) and adds Sections 22(b) and
(c), Psychologists' Certification and Licensing Act (Article 4512c,
V.T.C.S.) as follows:
(a) Adds to the title a reference to "CERTIFICATION PROGRAM,"
adds that nothing in this Act shall be construed to apply to
specified activities, services, or persons, and deletes an
exception to this. Ensuing subsections are renumbered to
reflect these changes.
(b) Requires the Board by rule to adopt a certification
program for a person who is exempt from the license
requirements of this Act but who wishes to hold a credential
issued by the Board in engaging in an activity or performing
a service authorized under this section. Allows the Board to
assess a certification fee, issue original and renewal
certificates, and prescribe conditions for the suspension or
revocation of a certificate. Requires the Board to issue a
certificate on request to specified persons meeting the
conditions and paying the required fees.
(c) Requires specified provisional license holders and
specified psychologists or psychological associates to hold a
license issued under this Act.
SECTION 18. Amends Section 23, Psychologists' Certification and
Licensing Act (Article 4512c, V.T.C.S.) by removing the references
to certification or a certificate, and adding instead the word
license, where applicable. Deletes the references to the
Administrative Procedure and Texas Register Act, and adds that
proceedings and appeals are governed by Chapter 2001, Government
Code.
SECTION 19. Amends Section 23A(a), (d), (i), (j), (n) and (r),
Psychologists' Certification and Licensing Act (Article 4512c,
V.T.C.S.), as follows:
(a) Deletes "licensed" from the provision allowing the Board
to penalize a regulated person.
(d) Removes permissive language and instead requires an
executive director who determines that a violation may have
occurred to issue to the Board a report stating the facts upon
which the determination is based. Further clarifies the
process by requiring the Board to determine whether a
violation has occurred. If the Board determines a violation
has occurred, Sec. 23A(d) requires the Board to make a
recommendation concerning the imposition of a penalty.
(i) Adds that notice of the Board's order is governed by
Chapter 2001, Government Code, rather than the deleted
Administrative Procedure and Texas Register Act, and its
subsequent amendments.
(j) Adds that the Board's order is final as provided by
Section 2001.144, Government Code, rather than the deleted
Administrative Procedure and Texas Register Act, and
(n) Adds that judicial review of the order of the Board is
instituted by filing a petition as provided by Subchapter G,
Chapter 2001, Government Code, rather than the deleted
Administrative Procedure and Texas Register Act.
(r) Adds that all proceedings under this section are subject
to Chapter 2001, Government Code, rather than the deleted
Administrative Procedure and Texas Register Act, and
SECTION 20. Amends Sections 23B(a), (c), and (d), Psychologists'
Certification and Licensing Act (Article 4512c, V.T.C.S.), to
delete the references to a certificate.
SECTION 21. Amends Section 24A, Psychologists' Certification and
Licensing Act (Article 4512c, V.T.C.S.), to delete the references
to certification, add license or provisional license where
applicable, and make other non-substantial language changes to this
section regarding the enforcement of competency requirements.
SECTION 22. Amends Section 25A, Psychologists' Certification and
Licensing Act (Article 4512c, V.T.C.S.), as follows:
Sec. 25A(e) is added, stipulating that compliant
investigations are confidential.
Sec. 25A(f) is added, providing certain exceptions to the
confidentiality of compliant investigations.
Sec. 25A(g) is added, requiring the Board to provide the
psychologist access to the information that the Board will
offer into evidence at a disciplinary hearing within 30 days
of receipt of written request, unless good cause for delay is
shown to the person presiding as officer in the hearing.
Sec. 25A(h) is added to ensure the confidentiality of patient
identities when records are examined as part of a disciplinary
investigation or proceeding, except in limited circumstances.
Sec. 25A(i) is added, requiring the Board to protect the
identity of any patient whose records are examined, except
those specified in this subsection.
SECTION 23. Amends Section 25C(a), Psychologists' Certification and
Licensing Act (Article 4512c, V.T.C.S.), as follows:
(a) Deletes the reference to the Administrative Procedure and
Texas Register Act, and adds Section 2001.056, Government Code
instead, regarding the Board's requirement to adopt rules
governing informal disposition of a contested case.
(b) Deletes the reference to the Administrative Procedure and
Texas Register Act, and adds Section 2001.054, Government
Code instead, regarding the Board's requirement to adopt rules
governing informal proceedings held in compliance with this
Section of the Code.
SECTION 24. Amends Section 25D, Psychologists' Certification and
Licensing Act (Article 4512c, V.T.C.S.) to delete the references to
a certificate or certificate holder, regarding the monitoring of a
license holder.
SECTION 25. Repeals Section 17A, Psychologists' Certification and
Licensing Act (Article 4512c, V.T.C.S.), regarding the expiration
dates of certifications and the proration of fees.
SECTION 26. (a) States that this Act applies only to a license or
certificate issued or renewed by the Board on or after the
effective date of this Act, and
that a license issued before
this is governed by the law
previously in effect.
(b) States that Section 25A, Psychologists' Certification and
Licensing Act (Article 4512c, V.T.C.S.), as amended by this
Act, applies only to a disciplinary action of the Board
occurring on or after the effective date of this Act, and that
a disciplinary action that occurred before, is governed by the
law previously in effect.
SECTION 27. (a) States that the expiration date of a certificate
issued by the Board under Section 15, Psychologists'
Certification and Licensing Act
(Article 4512c, V.T.C.S.), as that
section existed before this Act, is
not affected by this Act, but may
not be renewed. Requires the Board
to issue a provisional license under
Section 15, Psychologists'
Certification and Licensing Act
(Article 4512c, V.T.C.S.), as
amended by this Act, to a person who
meets the requirements for renewal
of the former certificate and who is
not yet entitled to a full license.
(b) Allows the Board to issue and renew certificates under the
Psychologists' Certification and Licensing Act (Article 4512c,
V.T.C.S.) only to specified persons who are eligible,
effective September 1, 1995.
SECTION 28. Effective date: September 1, 1995.
SECTION 29. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
H.B. 2933 as substituted institutes several changes recommended by
the Board and the Texas Psychological Association. The references
to the open meetings law, the open records law, and the
Administrative Procedure and Texas Register Act are removed because
they are outdated, and the substitute adds the Government Code
where applicable to update the Act. The substitute also clarifies
that those persons in the process of obtaining full licensure will
become provisional licensed psychologists, while the certified
psychologists who are not actually practicing psychology and often
are working in university or research settings, will retain the
title.
SUMMARY OF COMMITTEE ACTION
H.B. 2933 was considered by the Public Health Committee in a public
hearing on April 25, 1995.
The committee considered a complete substitute for the bill. The
substitute was adopted without objection.
The following person testified in favor of the bill:
Robert H. McPherson, PhD., representing Texas Psychological
Association.
The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of
6 AYES, 0 NAYS, 0 PNV, and 3 ABSENT.