BILL ANALYSIS



S.B. 1478
By: Madla (Coleman)
05-12-95
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

S.B. 1478 as substituted 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 would place more responsibility
regarding wrongdoing on the Board. The bill would also amend the
Act to provide psychologists with a temporary or provisional
license while seeking permanent licensure. Finally, the bill would
amend 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,"  "psychologist," and
     "psychological associate." 

     (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 in Subsection (d)(4)(D) 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.

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 application fee.
 
SECTION 8.  Amends Sections 14 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 state that a temporary license
     or certificate automatically expire if the Board denies an
     application for a permanent license or certification.

     Sec. 15A(d) is amended to state that each temporary license
     issued by the board expires 18 months after the date of
     issuance. The language requiring the Board to process a
     provisional license is deleted.

     Sec. 15A(e) is amended to provide that the Board may adopt
     rules for the issuance of a temporary license 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 require that signs 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. Subsection (d) adds the
words "the psychologist's" before the word license and makes a
nonsubstantive wording change.

     Sec. 17(f) is deleted, providing that a license issued under
Sec. 21 of this Act be renewed     as a license and not a
certificate.

     Sec. 17(g) is relettered as Sec. 17(f), and is amended to
     delete doctoral level certificates from a provision stating to
     what items renewal procedures apply.

     Sec. 17(h) is relettered as Sec. 19(g) and amended to change
"license" to a "sub-doctoral  level license," and make a non-substantial conforming change.

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 delete a reference to
certified, 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, and non-substantial language changes
     are made.

     (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. 

     (c) Allows the Board to by rule establish all requirements
     relating to the certification program. Sets forth the
     particular specified requirements the Board may establish.   
        

     (d) Allows the holder of a certificate to exercise all of the
     rights and states that the holder has all of the
     responsibilities as specified in this subsection that applies
     to a license holder under this Act.

     (e) Requires the Board to issue a certificate on request to
     specified persons meeting the conditions and paying the
     required fees.

     (f) 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, 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, prohibiting information from being
     released unless proper consent is given by the affected
     patient. States that the only records that may be disclosed
     are records created by a state hospital or school or its
     employees.

     Sec. 25A(h) 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(i) is added to require the confidentiality of patient
     identities when records are examined as part of a disciplinary
     investigation or proceeding be protected by the Board, except
     in limited circumstances.

     Sec. 25A(j) is added, allowing a patient record or other
     information that identifies a patient or client to be released
     to a designated representative only if proper consent has been
     obtained from the patient or client.

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

The substitute for S.B. 1478 makes this bill comparable to H.B.
2933 as passed by the House Public Health Committee, with the
addition of some minor changes.

The changes in S.B. 1478 as substituted, compared with the bill as
engrossed, are recommendations by the Board and the Texas
Psychological Association. The substitute creates the title of a
provisional license for a psychologist and clarifies the
differences between a certified psychologist, a psychologist who
has a provisional license, and a fully licensed psychologist. Those
persons in the process of obtaining full licensure would become
provisional licensed psychologists, while the certified
psychologists who are not actually practicing psychology and often
are working in university or research settings, would retain the
title.  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
appropriate sections of the Government Code, where applicable, to
update the Act.

SUMMARY OF COMMITTEE ACTION

S.B. 1478 was considered by the Public Health Committee in a formal
meeting on May 12, 1995. The committee considered a complete
substitute for the bill. The substitute was adopted without
objection. The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote of
5 AYES, 0 NAYS, 0 PNV, and 4 ABSENT.