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.