BILL ANALYSIS C.S.S.B. 71 By: Barrientos (Rodriguez) 03-29-95 Committee Report (Substituted) BACKGROUND In 1993 after the Sunset Commission's review of the licensing statute for professional counselors, Texas lawmakers enacted H.B. 2741 by Rep. Rodriguez, the enabling statute continuing the Texas State Board of Examiners of Professional Counselors. The act was changed from a title protection act to a practice act, which will ensure that Texas citizens are receiving services from highly qualified individuals. After the bill's passage, some problems arose with regard to the definition of what is counseling and who may practice. PURPOSE S.B. 71, as substituted, would provide clearer definitions in the statute for licensed professional counselors and treatment, referring to clinical counseling relationships, not just educaitonal seminars or personnel cousulting, upgrade qualifications for licensing, and permit endorsement for practitioners from out of state. Technical changes are derived from national professional association standards. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1A of Article 4512g, V.T.C.S., the Licensed Professional Counselor Act, by designating the existing provision as subsection (a) and adding a new subsection (b) as follows: (b) This Act may not be construed so as to permit the practice of medicine as defined by the laws of this state. SECTION 2. Amends Sections 2(6) and (7), Art. 4512g, V.T.C.S. as follows: Sec. 2(6). Replaces the definition of "Counseling services" with a new definition of "Counseling treatment intervention" specifically to mean applications of cognitive, affective, behavioral, psychodynamic, and systemic counseling strategies, including strategies for developmental, wellness and psychological dysfunction, that reflect a pluralistic society. Permitted interventions and techniques are specified in the subsection. Sec. 2(7). Adds new definition of the practice of "professional counseling" to mean the application of mental health, psychotherapeutic, and human development principles that: (A) Facilitate human development and adjustment; (B) Prevent, assess, evaluate, and treat mental, emotional, or behavioral disorders and associated distresses that are not physical disorders; (C) Conduct assessments and evaluations to establish treatment goals and objectives; and (D) Plan, implement, and evaluate treatment plans using counseling treatment interventions, defined above, permitting the following (in redesignated subsections): i) Reletters subsection; ii) Strikes "appraisal activities" and substitutes "assessment" and adds disabilities, and mental, emotional, and behavioral disorders to list of what must be assessed, as opposed to physical disorders; iii) Strikes "counseling, guidance, and personnel consulting" and substitutes "consulting", clarifying what constitutes such activities; iv) Reletters subsection on referral. Strikes existing provisions relating to rendering counseling or guidance services which were overly broad and other provisions which are reworded for clarifying purposes. SECTION 3. Amends Sec. 10(5), Article 4512g, V.T.C.S., by increasing from 24 to 36 the number of months and the number of hours from 2,000 to 3,000 of work experience required for qualification. SECTION 4. Amends Sec. 12. Article 4512g, V.T.C.S., by adding a new subsection (e) as follows: (e) Exempts individuals licensed in other states from taking the Texas licensure exam SECTION 5. Amends Sec. 16(a), Article 4512g, V.T.C.S., by redesignating the last subsection as (4), eliminating two subsections (3). SECTION 6. (a) Effective date applies to applications for licensing as a professional counselor on or after Sept. 1, 1995, with applications prior to that date governed by previous law. (b) Change relating to number of months or hours of work experience, as set out in Section 3 of the bill applies to persons applying for license on or after September 1, 1996. (c) Change relating to persons licensed in other states applies to persons applying for license on or after September 1, 1993. SECTION 7. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill only contained the change related to number of months and hours of work experience necessary for licensure. The substitute for S.B. 71 expanded the original bill to add new sections outlined above. The effective date for the additional experience required was also pushed back to Sept. 1, 1996. SUMMARY OF COMMITTEE ACTION The Chairman of the House Human Services Committee laid out S.B. 71 in a public hearing on Monday, March 20, 1995. Rep. Maxey offered a committee substitute for the bill. The following witnesses testified in favor of S.B. 71: Hazel Martin, Central Texas Counseling/Texas Counseling Association, Waco; G.K. Sprinkle, Texas Counseling Association. No one testified against or neutral on S.B. 71. The committee substitute was withdrawn and S.B. 71 was left pending. In a public hearing on March 29, 1995, the committee took up S.B. 71 which had been pending. Rep. Maxey offered a committee substitute for S.B. 71 and moved adoption; the substitute was adopted without objection. Rep. Maxey moved to report S.B. 71 favorably as substituted to the full House by a record vote of 6 ayes, 0 nays, 0 pnv, 3 absent.