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.