BILL ANALYSIS
S.B. 1478
By: Madla
Health and Human Services
4-27-95
Committee Report (Unamended)
BACKGROUND
The Psychologists' Certification and Licensing Act (Article 4512c,
V.T.C.S.) fails to distinguish clearly between licensed and
certified psychologists and to designate which examinations must be
given to applicants for licensure and certification. The Act also
does not grant a person having a temporary license sufficient time
to take examinations required before acting on the temporary
license. Finally, the Act fails to provide for the confidentiality
of complaints filed with the Texas State Board of Examiners of
Psychologists or a mechanism to allow psychologists, against whom
a disciplinary action is pending, access to the files of the board.
PURPOSE
As proposed, S.B. 1478 clarifies provisions relating to the
possible existence of potential grounds for removal from the Texas
State Board of Examiners of Psychologists and the temporary
licensing and certification of psychologists, and requires certain
information regarding a licensee or certificand to remain
confidential.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 5(e)(3), Article 4512c, V.T.C.S.
(Psychologists' Certification and Licensing Act), to require the
executive director of the Texas State Board of Examiners of
Psychologists (executive director), if the executive director has
knowledge that a potential ground for removal may exist, rather
than exists, to notify the Texas State Board of Examiners of
Psychologists (board). Requires the board to notify the governor
and attorney general if a potential ground for removal exists.
SECTION 2. Amends Section 11(d), Article 4512c, V.T.C.S., to
require an applicant for certification as a psychologist to not
have aided or abetted a person who is not a certified psychologist
in representing that person as a psychologist in this state, except
as provided by Section 15B, article 4512c, V.T.C.S.
SECTION 3. Amends Sections 14(a) and (b), Article 4512c, V.T.C.S.,
as follows:
(a) Requires the board to administer oral and written
examinations to qualified applicants for certification and
licensure at least once a year.
(b) Requires the board to notify each examinee of the results
of the examination within 30 days after the day on which an
examination is administered under Section 14(a).
SECTION 4. Amends Section 15A, Article 4512c, V.T.C.S., as follows:
(a) Authorizes the board to grant a temporary license or
certificate to an applicant seeking permanent certification or
licensure, including individuals seeking reciprocity under
Section 15B, upon submission of an application and payment of
application fees, if the individual has passed a national or
other examination that the board recognizes as equivalent to
the examination process required by the board for permanent
licensure and certification under this Act. Deletes language
regarding sponsors and the excusing of an applicant from
certain requirements.
(b) Validates a temporary, rather than provisional, license or
certificate until the board approves or denies the temporary
license or certificate holder's application for a permanent
license or certificate, or for one year if no action is taken
by the board. Deletes conditions under which the board is
required to issue a license or certificate to a holder of a
provisional license or certificate.
(c) Requires the temporary license to automatically expire if
the board denies the temporary license or certificate holder's
application for permanent licensure or certification.
(d) Makes all temporary licenses and certificates expire one
year after their issuance.
(e) Makes a conforming change.
(f) Provides that any temporary license or certificate issued
under this section does not constitute a vested property
right.
(g) Requires a holder of a temporary license or certificate
issued under this Act to display a sign approved by the board
in every room where the holder renders psychological services
and indicating the temporary nature of the license or
certificate.
SECTION 5. Amends Section 18, Article 4512c, V.T.C.S., to require
the board, on an annual basis, to publish a list of all
psychologists certified or licensed under this Act.
SECTION 6. Amends Section 23A(d), Article 4512c, V.T.C.S., to
require an executive director who determines that a violation may
have occurred to issue to the board a report stating the facts on
which the determination is based. Requires the board to determine
whether a violation has occurred, and to make a recommendation on
the imposition of a penalty if it determines that a violation has
occurred.
SECTION 7. Amends Section 25A, Article 4512c, V.T.C.S., as follows:
(e) Provides that, except as specifically provided in
Subsection (f), a complaint and investigation under Section 8
of this Act concerning an individual licensed or certified by
the board, and all information and materials compiled by the
board in connection with a complaint and investigation, are
not subject to disclosure under Title 10, Government Code,
Chapter 522, V.T.C.S., and are not subject to disclosure,
discovery, subpoena, or other means of legal compulsion for
their release to any person or entity.
(f) Authorizes a complaint or investigation under Subsection
(e), and all information and materials compiled by the board
in connection with such a complaint or investigation, to be
disclosed to certain entities.
(g) Requires the board, not later than 30 days after receiving
a written request from a licensee or certificand who is
entitled to a hearing under this Act, by a certain date, to
provide the licensee or certificand with access to all
information that the board intends to offer into evidence at
the hearing, unless good cause for delay is shown to the
person presiding as officer in the hearing.
(h) Requires the board, in any disciplinary investigation or
hearing against a licensee or certificand, to protect the
identity of any patient whose records are examined, except any
patient initiating the disciplinary action or those patients
who have submitted a written consent to the release of their
records.
SECTION 8. Effective date: September 1, 1995.
SECTION 9. Emergency clause.