By Wilson H.B. No. 1519
74R6028 CAG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the licensing and regulation of licensed adjunctive
1-3 therapists.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 9100, Revised Statutes, is amended by
1-6 adding Section 20 to read as follows:
1-7 Sec. 20. RESTRICTIONS ON CERTAIN COMMISSION, COMMISSIONER,
1-8 AND DEPARTMENT POWERS. Except as provided in Article 9105, Revised
1-9 Statutes, the commission, commissioner, and department may not
1-10 exercise any of the general powers and duties or rulemaking
1-11 authority assigned by this article to the commission,
1-12 commissioner, or department with regard to the licensed adjunctive
1-13 therapist advisory council or the hypnotherapist advisory council.
1-14 SECTION 2. Title 132A, Revised Statutes, is amended by
1-15 adding Article 9105 to read as follows:
1-16 Art. 9105. LICENSED ADJUNCTIVE THERAPISTS
1-17 Sec. 1. DEFINITIONS. In this article:
1-18 (1) "Adjunctive therapy" means the provision of art
1-19 therapy, biofeedback therapy, dance therapy, drama therapy,
1-20 hypnotherapy, or music therapy to a person or group of persons,
1-21 including a family or an organization, and includes:
1-22 (A) the consultation with a person to determine
1-23 the person's suitability for adjunctive therapy;
1-24 (B) an explanation of the nature of adjunctive
2-1 therapy;
2-2 (C) preparation of a person for participation in
2-3 adjunctive therapy;
2-4 (D) the conduct of a therapy session using
2-5 methods and techniques in accordance with goals determined by the
2-6 person and the licensed therapist; and
2-7 (E) a discussion with a person regarding the
2-8 process and results of the adjunctive therapy.
2-9 (2) "Art therapy" means the therapeutic use of art as
2-10 a process furthering the emotional and physical welfare of a
2-11 person.
2-12 (3) "Biofeedback therapy" means the therapeutic use of
2-13 monitoring devices to determine biological information and to
2-14 interpret changes that occur in a person's muscles, brain waves,
2-15 heart rate, temperature, and blood pressure.
2-16 (4) "Clinical adjunctive therapy" means a professional
2-17 relationship between a licensed therapist and a person in which a
2-18 licensed therapist provides assistance to the person in a matter
2-19 related to a mental health condition diagnosed by a licensed mental
2-20 health professional who has specifically referred the person to the
2-21 licensed therapist by a written referral. The term does not apply
2-22 to a specific mental health diagnosis made by a licensed therapist.
2-23 (5) "Dance therapy" means the therapeutic use of
2-24 movement as a process that furthers the emotional and physical
2-25 welfare of the person.
2-26 (6) "Department" means the Texas Department of
2-27 Licensing and Regulation.
3-1 (7) "Drama therapy" means the intentional use of drama
3-2 or theater processes to achieve the therapeutic goals of symptom
3-3 relief, emotional and physical integration, and personal growth.
3-4 (8) "General adjunctive therapy" means a professional
3-5 relationship between a licensed therapist and a person in which the
3-6 licensed therapist provides assistance to a person in a matter
3-7 related to the recreational, vocational, stress management, or
3-8 self-improvement goals of the person.
3-9 (9) "Hypnotherapy" means the induction of a hypnotic
3-10 state in a person to increase motivation or alter behavioral
3-11 patterns and includes:
3-12 (A) the instruction of a person in self-hypnosis
3-13 conditioning; and
3-14 (B) the use of hypnotic techniques for the
3-15 recreational, vocational, or self-improvement goals of a person,
3-16 including:
3-17 (i) smoking cessation;
3-18 (ii) weight control;
3-19 (iii) surgery preparation;
3-20 (iv) pregnancy and childbirth;
3-21 (v) memory improvement;
3-22 (vi) self-esteem;
3-23 (vii) control of bed-wetting;
3-24 (viii) control of nail biting;
3-25 (ix) control of stuttering;
3-26 (x) control of fears and phobias;
3-27 (xi) self-confidence;
4-1 (xii) lost items;
4-2 (xiii) sports performance enhancement;
4-3 (xiv) test and study performance; and
4-4 (xv) self-hypnosis.
4-5 (10) "Independent practice" means the provision of a
4-6 service, without supervision, in one or more areas of adjunctive
4-7 therapy by a licensed therapist authorized to practice in that
4-8 area.
4-9 (11) "Licensed therapist" means a person licensed
4-10 under this article.
4-11 (12) "Medical adjunctive therapy" means a professional
4-12 relationship between a licensed therapist and a person in which a
4-13 licensed therapist provides assistance to the person in a matter
4-14 related to a medical condition diagnosed by a doctor, dentist, or
4-15 chiropractor licensed in this state and who has specifically
4-16 referred the person to the licensed therapist in writing or by
4-17 prescription. The term does not apply to the making of a specific
4-18 diagnosis.
4-19 (13) "Music therapy" means the use of music in the
4-20 accomplishment of therapeutic aims, including restoring,
4-21 maintaining, and improving mental and physical health and helping a
4-22 person attain and maintain the person's maximum level of
4-23 functioning.
4-24 (14) "National organization" means an association
4-25 recognized by the licensed adjunctive therapist advisory council or
4-26 the hypnotherapist advisory council that provides training and
4-27 continuing professional education in an area of adjunctive therapy.
5-1 (15) "Qualified supervisor" means a person who:
5-2 (A) is a licensed therapist approved by the
5-3 licensed adjunctive therapist advisory council or the
5-4 hypnotherapist advisory council;
5-5 (B) may conduct an independent practice in a
5-6 field of adjunctive therapy; and
5-7 (C) may supervise the training of a person in a
5-8 field of adjunctive therapy.
5-9 Sec. 2. APPLICATION FOR REGISTRATION. (a) An application
5-10 for a license issued under this article shall contain:
5-11 (1) the name of the applicant;
5-12 (2) a designation of the area of adjunctive therapy in
5-13 which the applicant is applying to be registered; and
5-14 (3) any other information required by the appropriate
5-15 advisory council.
5-16 (b) The application for a license shall contain any fee
5-17 required by the licensed adjunctive therapist advisory council or
5-18 the hypnotherapist advisory council, as appropriate.
5-19 Sec. 3. QUALIFICATIONS FOR LICENSE. A person is qualified
5-20 for a license if the person:
5-21 (1) is 21 years of age or older;
5-22 (2) has completed the requirements of the area of
5-23 adjunctive therapy in which the person is to be registered; and
5-24 (3) has completed any other requirements established
5-25 by the licensed adjunctive therapist advisory council or the
5-26 hypnotherapist advisory council, as appropriate.
5-27 Sec. 4. ART THERAPY REGISTRATION. A person seeking
6-1 registration in art therapy shall:
6-2 (1) complete a 700-hour internship in art therapy with
6-3 a qualified supervisor; and
6-4 (2) complete any other requirements established by the
6-5 licensed adjunctive therapist advisory council.
6-6 Sec. 5. BIOFEEDBACK THERAPY REGISTRATION. A person seeking
6-7 registration in biofeedback therapy shall:
6-8 (1) complete a minimum number of hours of personal
6-9 instruction, but not less than 100 hours, in biofeedback therapy
6-10 from a national organization;
6-11 (2) complete a 12-week internship that consists of not
6-12 less than 50 hours with a person who is a qualified supervisor for
6-13 biofeedback therapy; and
6-14 (3) complete any other requirement established by the
6-15 licensed adjunctive therapist advisory council.
6-16 Sec. 6. DANCE THERAPY REGISTRATION. A person seeking
6-17 registration in dance therapy shall:
6-18 (1) complete 200 hours of clinical instruction in
6-19 dance therapy under the supervision of one or more mental health
6-20 professionals licensed in this state and approved by the licensed
6-21 adjunctive therapist advisory council;
6-22 (2) complete a 700-hour internship in dance therapy
6-23 with a person who is a qualified supervisor; and
6-24 (3) complete any other requirement set out by the
6-25 licensed adjunctive therapist advisory council.
6-26 Sec. 7. DRAMA THERAPY REGISTRATION. A person seeking
6-27 registration in drama therapy shall complete an approved training
7-1 program in drama therapy offered by a national organization.
7-2 Sec. 8. HYPNOTHERAPY REGISTRATION. A person seeking
7-3 registration in hypnotherapy shall:
7-4 (1) complete the minimum number of hours, but not less
7-5 than 125 hours, of personal instruction required by the
7-6 hypnotherapist advisory council in hypnosis or hypnotherapy from a
7-7 national organization;
7-8 (2) complete a 12-week internship that consists of not
7-9 less than 50 hours with a qualified supervisor; and
7-10 (3) hold a registration issued by a national
7-11 organization.
7-12 Sec. 9. MUSIC THERAPY REGISTRATION. A person seeking
7-13 registration in music therapy shall:
7-14 (1) complete an approved training course in music
7-15 therapy or hold an approved equivalent certificate issued by a
7-16 national organization; and
7-17 (2) hold a registration issued by a national
7-18 organization.
7-19 Sec. 10. LICENSE; TERMS; RENEWAL. (a) The department shall
7-20 issue a license to an applicant who satisfies the requirements for
7-21 registration established by the appropriate advisory council in a
7-22 registration area and any other requirements necessary for
7-23 licensing.
7-24 (b) The license shall contain the name of the person and the
7-25 area of practice in which the person is registered.
7-26 (c) A license is valid for one year.
7-27 (d) An application for a renewal of a license shall include
8-1 evidence that the applicant has completed any continuing education
8-2 requirement.
8-3 Sec. 11. REGISTRY. The department shall maintain a registry
8-4 of all persons licensed and the areas of practice for the person.
8-5 The department shall provide a printed copy of the registry on the
8-6 payment of a fee set by the licensed adjunctive therapist advisory
8-7 council in an amount sufficient to cover the cost of printing and
8-8 distribution.
8-9 Sec. 12. ADVISORY COUNCILS. (a) The licensed adjunctive
8-10 therapist advisory council consists of five members appointed by
8-11 the Texas Commission of Licensing and Regulation. The members of
8-12 the licensed adjunctive therapist advisory council shall be
8-13 licensed therapists registered in one or more areas of practice.
8-14 (b) The hypnotherapist advisory council consists of five
8-15 members appointed by the Texas Commission of Licensing and
8-16 Regulation. The members of the hypnotherapist advisory council
8-17 shall be licensed therapists registered to practice in the area of
8-18 hypnotherapy.
8-19 (c) In making appointments, the Texas Commission of
8-20 Licensing and Regulation shall:
8-21 (1) attempt to reasonably reflect the different
8-22 geographic areas of the state in the composition of the licensed
8-23 adjunctive therapist advisory council or hypnotherapist advisory
8-24 council, as appropriate; and
8-25 (2) in appointing the licensed adjunctive therapist
8-26 advisory council, reasonably reflect the different areas of
8-27 adjunctive therapy.
9-1 (d) Members of the licensed adjunctive therapist advisory
9-2 council or hypnotherapist advisory council, as appropriate, serve
9-3 staggered six-year terms. A member may not serve more than two
9-4 full terms.
9-5 (e) An appointment to fill a vacancy shall be for the
9-6 remainder of the unexpired term. A member appointed to fill a
9-7 vacancy may be reappointed for only one full term.
9-8 (f) A member of the hypnotherapist advisory council is not
9-9 entitled to receive compensation. A member of the licensed
9-10 adjunctive therapist advisory council is not entitled to
9-11 compensation but is entitled to reimbursement of the member's
9-12 travel expenses as provided in the General Appropriations Act.
9-13 (g) The licensed adjunctive therapist advisory council or
9-14 hypnotherapist advisory council, as appropriate, is not subject to
9-15 Article 6252-33, Revised Statutes.
9-16 (h) The members of the licensed adjunctive therapist
9-17 advisory council and the hypnotherapist advisory council shall
9-18 elect a presiding officer for each advisory council annually.
9-19 (i) A psychologist or psychologist associate may not be a
9-20 member of the licensed adjunctive therapist advisory council.
9-21 Sec. 13. POWERS OF ADVISORY COUNCILS. (a) The licensed
9-22 adjunctive therapist advisory council shall exercise rulemaking
9-23 authority regarding licensed adjunctive therapists in the following
9-24 areas:
9-25 (1) processing license applications;
9-26 (2) prescribing the form and content of license
9-27 applications and other forms necessary to administer this article;
10-1 (3) prescribing fees necessary to administer this
10-2 article;
10-3 (4) monitoring records as necessary to administer this
10-4 article; and
10-5 (5) adopting rules relating to the practice of a
10-6 licensed adjunctive therapist, except for a licensed therapist
10-7 practicing in the area of hypnotherapy, including the:
10-8 (A) approval of qualified supervisors and
10-9 training programs, including the approval of instructional
10-10 videotapes, workbooks, interactive learning programs, and
10-11 computerized testing programs;
10-12 (B) manner of renewal of a license;
10-13 (C) approval of national organizations; and
10-14 (D) continuing education requirements for
10-15 licensed adjunctive therapists.
10-16 (b) The hypnotherapist advisory council shall adopt rules
10-17 relating to the practice requirements of a licensed adjunctive
10-18 therapist practicing in the area of hypnotherapy, including the:
10-19 (1) approval of qualified supervisors and training
10-20 programs;
10-21 (2) manner of renewal of a license;
10-22 (3) approval of national organizations; and
10-23 (4) continuing education requirements of a licensed
10-24 adjunctive therapist.
10-25 (c) The department shall enforce the rules of the licensed
10-26 adjunctive therapist advisory council or hypnotherapist advisory
10-27 council and the cost of enforcement of the rules shall be used by
11-1 the licensed adjunctive therapist advisory council or
11-2 hypnotherapist advisory council in determining any fees for a
11-3 license or renewal of a license issued under this article.
11-4 (d) A rule of the licensed adjunctive therapist advisory
11-5 council or hypnotherapist advisory council shall be submitted to
11-6 the license holders affected by the rule if the proposed rule:
11-7 (1) increases a fee more than two times the annual
11-8 percentage increase in the cost of living determined by the United
11-9 States Department of Labor since the date of the last fee increase;
11-10 or
11-11 (2) imposes a higher educational or continuing
11-12 education requirement for an applicant or license holder.
11-13 (e) A rule proposed under Subsection (d) of this section may
11-14 become effective if:
11-15 (1) a majority of the votes received favor the
11-16 adoption of the rule; and
11-17 (2) 40 percent or more of the eligible license holders
11-18 voted for the adoption of the rule.
11-19 Sec. 14. FEES. The licensed adjunctive therapist advisory
11-20 council or hypnotherapist advisory council shall set fees for
11-21 licensing and other activities in an amount necessary to cover the
11-22 cost of administering the advisory councils' and the department's
11-23 duties under this article. Funds collected under this article shall
11-24 be deposited in the licensed adjunctive therapist fund and the
11-25 expenses of both of the advisory councils and the department shall
11-26 be paid from the fund.
11-27 Sec. 15. CONTINUING EDUCATION REQUIREMENTS. (a) A license
12-1 holder in the area of biofeedback therapy, as a condition for the
12-2 renewal of the person's license, must complete 15 hours of
12-3 continuing education in biofeedback therapy approved by the
12-4 licensed adjunctive therapist advisory council.
12-5 (b) A license holder in the area of hypnotherapy, as a
12-6 condition for the renewal of the person's license, must complete 15
12-7 hours of continuing education in hypnosis or hypnotherapy approved
12-8 by the hypnotherapist advisory council.
12-9 Sec. 16. DISCIPLINARY PROCEEDINGS. The licensed adjunctive
12-10 therapist advisory council or the hypnotherapist advisory council,
12-11 as appropriate, may refuse to issue a license or may suspend or
12-12 revoke a license if, after a hearing before the appropriate
12-13 advisory council, the advisory council finds that the person
12-14 applying for or holding the license has violated this article. A
12-15 disciplinary proceeding under this section shall be conducted under
12-16 Chapter 2001, Government Code.
12-17 Sec. 17. DEPARTMENT AND ADVISORY COUNCIL RELATIONSHIP. (a)
12-18 The licensed adjunctive therapist advisory council and the
12-19 hypnotherapist advisory council are administratively attached to
12-20 the department. The department shall supply both advisory councils
12-21 with employees necessary to carry out both advisory councils'
12-22 duties.
12-23 (b) The department and the licensed adjunctive therapist
12-24 advisory council and the hypnotherapist advisory council shall
12-25 enter into a contract for the provision of administrative services
12-26 by the department to both advisory councils.
12-27 Sec. 18. REGISTRATION REQUIRED; EXEMPTIONS. (a) A person
13-1 may not perform adjunctive therapy in a specific area of adjunctive
13-2 therapy unless the person is licensed under this article.
13-3 (b) A person is not required to hold a license under this
13-4 article to perform adjunctive therapy if the person is licensed by
13-5 another state agency and performs a procedure in the course and
13-6 scope of the profession for which the person holds the license.
13-7 SECTION 3. (a) This Act takes effect September 1, 1995.
13-8 (b) The Texas Department of Licensing and Regulation shall
13-9 issue a license to a person who submits an application and
13-10 appropriate fee to the department before September 1, 1996, if:
13-11 (1) the person meets the educational requirements of
13-12 Article 9105, Revised Statutes, as added by this Act;
13-13 (2) the person is a member of a national organization
13-14 that:
13-15 (A) is dedicated to providing training and
13-16 continuing professional education in one or more fields of
13-17 adjunctive therapy;
13-18 (B) can document affiliated members residing in
13-19 three or more states; and
13-20 (C) holds an annual training conference in this
13-21 state; and
13-22 (3) the person submits the application fee of $150.
13-23 (c) The Texas Department of Licensing and Regulation shall
13-24 issue a license under Subsection (b) of this section even if an
13-25 applicant has not completed an internship, personal instruction or
13-26 training, or other supervision period.
13-27 (d) The licensed adjunctive therapist advisory council and
14-1 the hypnotherapist advisory council shall adopt rules under Article
14-2 9105, Revised Statutes, as added by this Act, not later than May 1,
14-3 1996.
14-4 (e) The Texas Commission of Licensing and Regulation shall
14-5 appoint members of the licensed adjunctive therapist advisory
14-6 council and the hypnotherapist advisory council not later than
14-7 November 1, 1995. In making initial appointments to both advisory
14-8 councils, the Texas Commission of Licensing and Regulation shall
14-9 appoint to each advisory council:
14-10 (1) two members to serve terms expiring November 1,
14-11 1997;
14-12 (2) two members to serve terms expiring November 1,
14-13 1999; and
14-14 (3) one member to serve a term expiring November 1,
14-15 2001.
14-16 (f) The provisions of Section 13(d), Article 9105, Revised
14-17 Statutes, as added by this Act, relating to the approval by license
14-18 holders of certain rules do not apply to the initial rules adopted
14-19 by the licensed adjunctive therapist advisory council or the
14-20 hypnotherapist advisory council.
14-21 SECTION 4. The importance of this legislation and the
14-22 crowded condition of the calendars in both houses create an
14-23 emergency and an imperative public necessity that the
14-24 constitutional rule requiring bills to be read on three several
14-25 days in each house be suspended, and this rule is hereby suspended.