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.