74R10644 PB-D
By Coleman H.B. No. 2933
Substitute the following for H.B. No. 2933:
By Coleman C.S.H.B. No. 2933
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of psychologists and the powers and
1-3 duties of the Texas State Board of Examiners of Psychologists.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Psychologists' Certification and
1-6 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
1-7 amended to read as follows:
1-8 Sec. 2. DEFINITIONS. (a) In this Act, unless the context
1-9 otherwise requires:
1-10 (1) <(a)> "Board" means the Texas State Board of
1-11 Examiners of Psychologists <provided for by this Act>.
1-12 (2) "Certificate" means a credential issued by the
1-13 Board to a person under Section 22(b) of this Act.
1-14 (3) "Full license" means a credential issued by the
1-15 Board to a person who has satisfied all requirements under this Act
1-16 to practice as a psychologist without supervision.
1-17 (4) "License" means a full license or a provisional
1-18 license.
1-19 (5) "Provisional license" means a credential issued by
1-20 the Board to a person who has satisfied preliminary requirements
1-21 under this Act for a psychologist license and who is required to
1-22 practice as a psychologist under supervision.
1-23 (6) "Psychologist" means a person who holds a license
2-1 or certificate issued under this Act.
2-2 (b) A person represents himself to be a "psychologist"
2-3 within the meaning of this Act when the person:
2-4 (1) <he> holds himself out to the public by any title
2-5 or description of services incorporating the words "psychological,"
2-6 "psychologists," or "psychology;" <"psychology,"> or
2-7 (2) renders or offers to render psychological services
2-8 to individuals, groups, organizations, or the public.
2-9 (c) The term "psychological services," means an act <acts>
2-10 or behavior <behaviors coming> within the purview of the practice
2-11 of psychology. The practice of psychology is an offering to the
2-12 public or rendering to individuals or groups of any service,
2-13 including computerized procedures, that involves but is not
2-14 restricted to the application of established principles, methods,
2-15 and procedures of describing, explaining, and ameliorating
2-16 behavior. The practice of psychology addresses normal behavior and
2-17 the evaluation, prevention, and remediation of psychological,
2-18 emotional, mental, interpersonal, learning, and behavioral
2-19 disorders of individuals and groups, as well as the psychological
2-20 concomitants of medical problems, organizational structures,
2-21 stress, and health. The practice of psychology includes the use of
2-22 projective techniques, neuropsychological testing, counseling,
2-23 career counseling, psychotherapy, hypnosis for health care
2-24 purposes, hypnotherapy, and biofeedback and the evaluation and
2-25 treatment by psychological techniques and procedures of mental or
3-1 emotional disorders and disabilities. The practice of psychology
3-2 is based on a systematic body of knowledge and principles acquired
3-3 in an organized program of graduate study and on the standards of
3-4 ethics established by the profession.
3-5 SECTION 2. Section 5(e)(3), Psychologists' Certification and
3-6 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
3-7 amended to read as follows:
3-8 (3) If the executive director has knowledge that a
3-9 potential ground for removal may exist <exists>, the executive
3-10 director shall notify the Board <governor and the attorney general>
3-11 that a potential ground for removal may exist <exists>. The Board
3-12 shall notify the governor and the attorney general if a potential
3-13 ground for removal exists.
3-14 SECTION 3. Sections 8(f), (g), (j), and (m), Psychologists'
3-15 Certification and Licensing Act (Article 4512c, Vernon's Texas
3-16 Civil Statutes), are amended to read as follows:
3-17 (f) The Board shall keep an information file about each
3-18 complaint filed with the Board relating to a license holder
3-19 <licensee>.
3-20 (g) If a written complaint is filed with the Board relating
3-21 to a license holder <licensee>, the Board at least as frequently as
3-22 quarterly and until final disposition of the complaint shall notify
3-23 the parties to the complaint of the status of the complaint unless
3-24 the notification would jeopardize an undercover investigation.
3-25 (j) The Board shall establish mandatory continuing education
4-1 programs for persons licensed <regulated> by the Board under this
4-2 Act. The Board by rule shall establish a minimum number of hours
4-3 of continuing education required to renew a license <or
4-4 certificate> under this Act. The Board may assess the continuing
4-5 education needs of license <or certificate> holders and may require
4-6 license <or certificate> holders to attend continuing education
4-7 courses specified by the Board. The Board by rule shall develop a
4-8 process to evaluate and approve continuing education courses. The
4-9 Board shall identify the key factors for the competent performance
4-10 by a license <or certificate> holder of the license <or
4-11 certificate> holder's professional duties. The Board shall adopt a
4-12 procedure to assess a license <or certificate> holder's
4-13 participation in continuing education programs.
4-14 (m) The Board is subject to Chapters 551 and 2001,
4-15 Government Code <the open meetings law, Chapter 271, Acts of the
4-16 60th Legislature, Regular Session, 1967, as amended (Article
4-17 6252-17, Vernon's Texas Civil Statutes), and the Administrative
4-18 Procedure and Texas Register Act, as amended (Article 6252-13a,
4-19 Vernon's Texas Civil Statutes)>.
4-20 SECTION 4. Section 8A(a), Psychologists' Certification and
4-21 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
4-22 amended to read as follows:
4-23 (a) The executive director or the executive director's
4-24 designee shall prepare and maintain a written policy statement to
4-25 ensure implementation of a program of equal employment opportunity
5-1 under which all personnel transactions are made without regard to
5-2 race, color, disability, sex, religion, age, or national origin.
5-3 The policy statement must include:
5-4 (1) personnel policies, including policies relating to
5-5 recruitment, evaluation, selection, application, training, and
5-6 promotion of personnel that are in compliance with Chapter 21,
5-7 Labor Code <the Commission on Human Rights Act (Article 5221k,
5-8 Vernon's Texas Civil Statutes) and its subsequent amendments>;
5-9 (2) a comprehensive analysis of the Board work force
5-10 that meets federal and state guidelines;
5-11 (3) procedures by which a determination can be made of
5-12 significant underuse in the Board work force of all persons for
5-13 whom federal or state guidelines encourage a more equitable
5-14 balance; and
5-15 (4) reasonable methods to appropriately address those
5-16 areas of underuse.
5-17 SECTION 5. Section 8D(c), Psychologists' Certification and
5-18 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
5-19 amended to read as follows:
5-20 (c) A training program established under this section shall
5-21 provide information to a participant regarding:
5-22 (1) the enabling legislation that created the Board to
5-23 which the member is appointed;
5-24 (2) the programs operated by the Board;
5-25 (3) the role and functions of the Board;
6-1 (4) the rules of the Board with an emphasis on the
6-2 rules that relate to disciplinary and investigatory authority;
6-3 (5) the current budget for the Board;
6-4 (6) the results of the most recent formal audit of the
6-5 Board;
6-6 (7) the requirements of Chapters 551, 552, and 2001,
6-7 Government Code <the:>
6-8 <(A) open meetings law, Chapter 271, Acts of the
6-9 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
6-10 Texas Civil Statutes);>
6-11 <(B) open records law, Chapter 424, Acts of the
6-12 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
6-13 Texas Civil Statutes); and>
6-14 <(C) Administrative Procedure and Texas Register
6-15 Act (Article 6252-13a, Vernon's Texas Civil Statutes)>;
6-16 (8) the requirements of the conflict of interest laws
6-17 and other laws relating to public officials; and
6-18 (9) any applicable ethics policies adopted by the
6-19 Board or the Texas Ethics Commission.
6-20 SECTION 6. Section 11, Psychologists' Certification and
6-21 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
6-22 amended to read as follows:
6-23 Sec. 11. QUALIFICATION OF APPLICANT FOR PROVISIONAL LICENSE
6-24 EXAMINATION <FOR CERTIFICATION>. (a) An applicant is qualified to
6-25 take the examination for a provisional license <certification> as a
7-1 psychologist if the applicant meets the requirements provided by
7-2 this section.
7-3 (b) An applicant whose doctoral degree was received on or
7-4 after January 1, 1979, must have received a doctoral degree in
7-5 psychology from a regionally accredited educational institution.
7-6 (c) An applicant whose doctoral degree was received before
7-7 January 1, 1979, must have received either a doctoral degree in
7-8 psychology, or the substantial equivalent of a doctoral degree in
7-9 psychology in both subject matter and extent of training, from a
7-10 regionally accredited educational institution. In determining
7-11 whether a degree is substantially equivalent, the Board shall
7-12 consider whether the doctoral program met the prevailing standards
7-13 for training in the area of psychology, including standards for
7-14 training in counseling, clinical, school, and industrial, in effect
7-15 at the time the degree was conferred.
7-16 (d) In addition to the requirements of Subsection (b) or (c)
7-17 of this section, the applicant must meet the following
7-18 qualifications:
7-19 (1) the applicant has attained the age of majority;
7-20 (2) the applicant is of good moral character;
7-21 (3) in the judgment of the Board, the applicant is
7-22 physically and mentally competent to render psychological services
7-23 with reasonable skill and safety and is afflicted with no disease
7-24 or condition, either mental or physical, which would impair
7-25 competency to render psychological services; and
8-1 (4) the applicant:
8-2 (A) has not been convicted of a felony or a
8-3 crime involving moral turpitude;
8-4 (B) does not use drugs or intoxicating liquors
8-5 to an extent that affects the applicant's professional competency;
8-6 (C) has not been guilty of fraud or deceit in
8-7 making the application;
8-8 (D) except as provided by Section 15B of this
8-9 Act, has not aided or abetted a person who is<,> not a licensed or
8-10 certified psychologist<,> in representing that person as a
8-11 psychologist in this state;
8-12 (E) except as provided by Section 15B of this
8-13 Act, has not represented himself or herself to be a psychologist
8-14 licensed in this state at a time he or she was not licensed to
8-15 practice psychology in this state, or practiced psychology in this
8-16 state without a license to practice psychology in this state.
8-17 SECTION 7. Section 12, Psychologists' Certification and
8-18 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
8-19 amended to read as follows:
8-20 Sec. 12. APPLICATIONS. Application under Section 14 of this
8-21 Act for examination for a provisional license <certifications> as a
8-22 psychologist or for certification without examination as a
8-23 psychologist under Section 22 of this Act shall be upon the forms
8-24 prescribed by the Board. The Board may require that the
8-25 application be verified. The required application and examination
9-1 fees must <certification fee and examination fee shall> accompany
9-2 the application.
9-3 SECTION 8. Section 14, Psychologists' Certification and
9-4 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
9-5 amended to read as follows:
9-6 Sec. 14. EXAMINATIONS. (a) The Board shall administer oral
9-7 and written examinations to qualified applicants for a provisional
9-8 license <certification> at least once a year. The Board shall
9-9 have the written portion of the examination, if any, validated by
9-10 an independent testing professional. The Board shall determine the
9-11 subject and scope of the examinations and establish appropriate
9-12 fees for examinations administered. Part of the examinations shall
9-13 test applicant knowledge of the discipline and profession of
9-14 psychology and part shall test applicant knowledge of the laws and
9-15 rules governing the profession of psychology in this state. This
9-16 latter part of the examination is to be known as the Board's
9-17 jurisprudence examination. An applicant who fails his examination
9-18 may be reexamined at intervals specified by the Board upon payment
9-19 of another examination fee corresponding to the examination failed.
9-20 (b) Within 30 days after the day on which an <a
9-21 certification> examination is administered under Subsection (a) of
9-22 this section <Act>, the Board shall notify each examinee of the
9-23 results of the examination. However, if an examination is graded
9-24 or reviewed by a national testing service, the Board shall notify
9-25 examinees of the results of the examination within two weeks after
10-1 the day that the Board receives the results from the testing
10-2 service. If the notice of the examination results will be delayed
10-3 for longer than 90 days after the examination date, the Board shall
10-4 notify the examinee of the reason for the delay before the 90th
10-5 day.
10-6 (c) The Board may waive the discipline and professional
10-7 segment of the examination requirement for Diplomats of the
10-8 American Board of Examiners in Professional Psychology and/or when
10-9 in the Board's judgment the applicant has already demonstrated
10-10 competence in areas covered by the examination. However, the
10-11 jurisprudence examination shall be administered to and passed by
10-12 all applicants before issuance of a provisional license under this
10-13 Act <certification>.
10-14 (d) If requested in writing by a person who fails an
10-15 examination administered under this Act, the Board shall furnish
10-16 the person with an analysis of the person's performance on the
10-17 examination.
10-18 SECTION 9. Section 15, Psychologists' Certification and
10-19 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
10-20 amended to read as follows:
10-21 Sec. 15. ISSUANCE OF PROVISIONAL LICENSE <CERTIFICATION>.
10-22 The Board shall issue a provisional license to a <A> qualified
10-23 applicant <for certification> who has successfully passed the
10-24 examinations prescribed by the Board and has paid the
10-25 <certification> fee for a provisional license <shall be certified
11-1 by the Board as a psychologist>.
11-2 SECTION 10. Section 15A, Psychologists' Certification and
11-3 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
11-4 amended to read as follows:
11-5 Sec. 15A. TEMPORARY LICENSE <ENDORSEMENT>. (a) The Board
11-6 may grant a temporary <provisional> license <or certificate> to an
11-7 individual who applies for permanent licensure, including an
11-8 individual applying for reciprocity under Section 15B of this Act,
11-9 <applicant> on submission to the Board of an application in the
11-10 form prescribed by the Board and payment of the required
11-11 application fees if:
11-12 (1) the individual is licensed, certified, or
11-13 registered as a psychologist or psychological associate by another
11-14 state, the District of Columbia, or a commonwealth or territory of
11-15 the United States and is in good standing with the regulatory
11-16 agency of that jurisdiction;
11-17 (2) the requirements for licensing, certification, or
11-18 registration in the other jurisdiction are substantially equal to
11-19 those prescribed by this Act; and
11-20 (3) the individual has passed a national or other
11-21 examination recognized by the Board as equivalent <relating> to the
11-22 examination required by the Board for a license under this Act
11-23 <psychology; and>
11-24 <(4) the individual is sponsored by a person licensed
11-25 or certified by the Board under this Act with whom the provisional
12-1 license or certificate holder may practice under this section>.
12-2 (b) <An applicant for a provisional license or certificate
12-3 may be excused from the requirement of Subsection (a)(4) of this
12-4 section if the Board determines that compliance with that
12-5 subsection constitutes a hardship to the applicant.>
12-6 <(c)> A temporary <provisional> license <or certificate> is
12-7 valid until the date the Board approves or denies the temporary
12-8 <provisional> license <or certificate> holder's application for a
12-9 permanent license or, if action is not taken by the Board, for one
12-10 year from the date of issuance <or certificate>.
12-11 (c) If the Board denies the application for a permanent
12-12 license, the temporary license expires on the date of the denial.
12-13 <The Board shall issue a license or certificate under this Act to
12-14 the holder of a provisional license or certificate under this
12-15 section if:>
12-16 <(1) the provisional license or certificate holder
12-17 passes the examination required by Section 14 of this Act;>
12-18 <(2) the Board verifies that the provisional license
12-19 or certificate holder has the academic and experience requirements
12-20 for a license or certificate under this Act; and>
12-21 <(3) the provisional license or certificate holder
12-22 satisfies any other license or certification requirements under
12-23 this Act.>
12-24 (d) Except as otherwise provided by this section, each
12-25 temporary license expires on the first anniversary of the date of
13-1 issuance. <The Board must complete the processing of a provisional
13-2 license or certificate holder's application for a license or
13-3 certificate not later than the 180th day after the date the
13-4 provisional license or certificate is issued.>
13-5 (e) The Board may adopt rules for the issuance of a
13-6 temporary license to <provisional certification or licensing of> an
13-7 individual who holds a valid license or the equivalent from another
13-8 country.
13-9 (f) A temporary license issued under this section does not
13-10 constitute a vested property right.
13-11 (g) The holder of a temporary license issued under this
13-12 section shall display a sign approved by the Board in each room in
13-13 which the holder renders psychological services that indicates the
13-14 temporary nature of the license.
13-15 SECTION 11. Section 16B(a), Psychologists' Certification and
13-16 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
13-17 amended to read as follows:
13-18 (a) Each of the following fees imposed by or under another
13-19 section of this Act is increased by $200:
13-20 (1) the examination fee for a provisional license
13-21 <psychologist certification examination>;
13-22 (2) the fee for <psychologist> certification or
13-23 provisional license renewal; and
13-24 (3) the fee for <psychologist licensure> renewal of a
13-25 full license.
14-1 SECTION 12. Section 17, Psychologists' Certification and
14-2 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
14-3 amended to read as follows:
14-4 Sec. 17. LICENSE; RENEWAL. (a) The Board shall issue a
14-5 license <certificate> to each person whom it licenses <certifies
14-6 and a license to those persons licensed>. The <certificate or>
14-7 license shall show the full name of the psychologist and shall bear
14-8 a serial number. The <certificate or> license shall be signed by
14-9 the chairperson and the executive director of the Board under the
14-10 seal of the Board.
14-11 (b) Unless otherwise provided by board rule, <certificates
14-12 and> licenses expire on December 31st in the year following their
14-13 issuance or renewal and are invalid thereafter unless renewed. The
14-14 Board by rule may adopt a system under which <certificates or>
14-15 licenses expire on various dates during the year. For the year in
14-16 which the expiration date is changed, <certification or> licensing
14-17 fees shall be prorated so that each <certificate or> license holder
14-18 must pay only that portion of the fee that is allocable to the
14-19 number of months during which the <certificate or> license is
14-20 valid. On renewal of the <certificate or> license on the new
14-21 expiration date, the full <certification or> licensing fee is
14-22 payable.
14-23 (c) A person may renew an unexpired <certificate or> license
14-24 by paying to the Board before the expiration date of the
14-25 <certificate or> license the required renewal fee. If a person's
15-1 <certificate or> license has been expired for 90 days or less, the
15-2 person may renew the <certificate or> license by paying to the
15-3 Board the required renewal fee and a fee that is one-half of the
15-4 examination fee for the <certificate or> license. If a person's
15-5 <certificate or> license has been expired for longer than 90 days
15-6 but less than one year, the person may renew the <certificate or>
15-7 license by paying to the Board all unpaid renewal fees and a fee
15-8 that is equal to the examination fee for the <certificate or>
15-9 license. If a person's <certificate or> license has been expired
15-10 for one year or longer, the person may not renew the <certificate
15-11 or> license. The person may obtain a new <certificate or> license
15-12 by submitting to reexamination and complying with the requirements
15-13 and procedures for obtaining an original <certificate or> license.
15-14 However, the Board may renew without reexamination an expired
15-15 license <or certificate> of a person who was licensed <or
15-16 certified> in this state, moved to another state, and is currently
15-17 licensed <or certified> and has been in practice in the other state
15-18 for the two years preceding application. The person must pay to
15-19 the Board a fee that is equal to the examination fee for the
15-20 license <or certificate>. At least 30 days before the expiration
15-21 of a person's license <or certificate>, the Board shall send
15-22 written notice of the impending license <or certificate> expiration
15-23 to the person at the license <or certificate> holder's last known
15-24 address according to the records of the Board.
15-25 (d) A psychologist who wishes to place the psychologist's
16-1 <his certificate or> license in <upon an> inactive status may do so
16-2 upon application by payment of a fee established by the Board; such
16-3 a psychologist shall not accrue any penalty for late payment of the
16-4 renewal fee.
16-5 (e) The Board may refuse to renew the provisional license
16-6 <certification> of any person who does <is> not meet the
16-7 qualifications for that license established <qualified to take the
16-8 examination for certification> under Section 11 of this Act.
16-9 (f) <Any person holding a license issued under Section 21 of
16-10 this Act shall be required to renew his license and not his
16-11 certificate.>
16-12 <(g)> The renewal procedures prescribed by this section
16-13 apply to the renewal of <doctoral level certificates,> licenses<,>
16-14 or specialty certifications.
16-15 (g) <(h)> The renewal of a sub-doctoral level license
16-16 <licenses> held by a psychological associate under <psychological
16-17 associates as established by> Section 19 of this Act is subject to
16-18 the renewal procedures prescribed by this section except that the
16-19 licenses expire May 31st in the appropriate year following their
16-20 issuance or renewal, unless otherwise provided by board rule. The
16-21 Board by rule may adopt a system under which licenses expire on
16-22 various dates during the year. For the year in which the
16-23 expiration date is changed, license fees shall be prorated so that
16-24 each license holder must pay only that portion of the fee that is
16-25 allocable to the number of months during which the license is
17-1 valid. On renewal of the license on the new expiration date, the
17-2 full license fee is payable.
17-3 SECTION 13. Section 18, Psychologists' Certification and
17-4 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
17-5 amended to read as follows:
17-6 Sec. 18. ROSTER OF CERTIFIED AND LICENSED PSYCHOLOGISTS.
17-7 The <During the month of April of each year, the> Board shall
17-8 publish annually a list of all psychologists certified or licensed
17-9 under this Act. The list shall contain the name and address of the
17-10 psychologist and such other information that the Board deems
17-11 desirable. The list shall be arranged both alphabetically and
17-12 geographically. The Board shall mail a copy of this list to each
17-13 person licensed under this Act, shall place a copy on file with the
17-14 Secretary of State and shall furnish copies to the public upon
17-15 request.
17-16 SECTION 14. Section 19A(k), Psychologists' Certification and
17-17 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
17-18 amended to read as follows:
17-19 (k) The advisory committee is subject to Chapters 551, 552,
17-20 and 2001, Government Code<:>
17-21 <(1) the open meetings law, Chapter 271, Acts of the
17-22 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
17-23 Texas Civil Statutes), and its subsequent amendments;>
17-24 <(2) the open records law, Chapter 424, Acts of the
17-25 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
18-1 Texas Civil Statutes), and its subsequent amendments; and>
18-2 <(3) the Administrative Procedure and Texas Register
18-3 Act (Article 6252-13a, Vernon's Texas Civil Statutes), and its
18-4 subsequent amendments>.
18-5 SECTION 15. Section 20, Psychologists' Certification and
18-6 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
18-7 amended to read as follows:
18-8 Sec. 20. LICENSE REQUIRED TO PRACTICE. A person may not
18-9 engage in the practice of psychology or represent the person as a
18-10 psychologist or psychological associate within the meaning of this
18-11 Act unless the person is licensed <or certified> under this Act or
18-12 is exempt under Section 22 of <from> this Act.
18-13 SECTION 16. Section 21, Psychologists' Certification and
18-14 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
18-15 amended to read as follows:
18-16 Sec. 21. FULL LICENSE <LICENSING>. (a) Any person who
18-17 practices psychology as defined herein for compensation, must apply
18-18 to the Board and upon satisfying the requirements of this Act,
18-19 including payment of a fee, shall be granted a full license by the
18-20 Board. A <No> person is not eligible for a full license under this
18-21 Act <may be licensed as a psychologist> unless:
18-22 (1) the person holds a provisional license issued <is
18-23 certified as a psychologist> under <the authority of> this Act; and
18-24 (2) the person has had at least two years of
18-25 supervised experience in the field of psychological services, one
19-1 year of which may be part of the doctoral program and at least one
19-2 year of which was after the person's doctoral degree was conferred.
19-3 (b) For the purposes of Subdivision (2) of Subsection (a) of
19-4 this section, experience is supervised only if it is supervised by
19-5 a <licensed> psychologist who holds a full license in the manner
19-6 provided by the Board's supervision guidelines.
19-7 SECTION 17. Section 22, Psychologists' Certification and
19-8 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
19-9 amended to read as follows:
19-10 Sec. 22. EXEMPTIONS; CERTIFICATION PROGRAM. (a) Nothing in
19-11 this Act shall be construed to apply to:
19-12 (1) <(a)> the activities, services and use of official
19-13 title on the part of a person employed as a psychologist or
19-14 psychological associate by <any: (1)> a governmental agency, a
19-15 <(2)> public school district, or a <(3)> regionally accredited
19-16 institution of higher education, if the person <provided such
19-17 employee> is performing those duties for which the person <he> is
19-18 employed by the <such> agency, district, or institution <and>
19-19 within the confines of that <such> agency, district, or institution
19-20 and the <insofar as such> activities and services are a part of the
19-21 duties of the person's <his> office or position as a psychologist
19-22 or psychological associate with the <such> agency, district, or
19-23 institution<; except that persons employed as psychologists or
19-24 psychological associates who offer or provide psychological
19-25 services to the public (other than lecture services) for a fee,
20-1 monetary or otherwise, over and above the salary that they receive
20-2 for the performance of their regular duties, and/or persons
20-3 employed as psychologists or psychological associates by
20-4 organizations that sell psychological services to the public (other
20-5 than lecture services) for a fee, monetary or otherwise must be
20-6 licensed under the provisions of this Act>;
20-7 (2) <(b)> the activities and services of a student,
20-8 intern, or resident in psychology who is engaged in<, pursuing> a
20-9 course of study in preparation for the profession of psychology
20-10 under qualified supervision in recognized training institutions or
20-11 facilities, if:
20-12 (A) the <these> activities and services
20-13 constitute a part of that person's <his> supervised course of
20-14 study; and
20-15 (B) the person<, provided that such an
20-16 individual> is designated by a title such as "psychological
20-17 intern," "psychological trainee," or another title that <others>
20-18 clearly indicates the <indicating such> training status;
20-19 (3) <(c)> the activities and services of members of
20-20 other licensed professions, including physicians, surgeons,
20-21 attorneys, registered nurses, licensed vocational nurses,
20-22 occupational therapists, certified social workers, licensed
20-23 professional counselors, career counselors, licensed marriage and
20-24 family therapists, and licensed chemical dependency counselors, if
20-25 the activities and services are permitted under the applicable
21-1 license and the members do not represent themselves to be
21-2 psychologists or describe their services by the use of the term
21-3 "psychological";
21-4 (4) <(d)> the activities and services of duly
21-5 recognized members of the clergy who are acting within the members'
21-6 ministerial capabilities, if the members do not represent
21-7 themselves to be psychologists or describe their services by the
21-8 use of the term "psychological"; or
21-9 (5) <(e)> the voluntary activities and services of
21-10 persons employed by or working on the behalf of charitable
21-11 nonprofit organizations, if the persons do not represent themselves
21-12 to be psychologists or describe their services by the use of the
21-13 term "psychological."
21-14 (b) The Board by rule shall adopt a certification program
21-15 for a person who is exempt under Subsection (a)(1) of this section
21-16 from the license requirements of this Act but who wishes to hold a
21-17 credential issued by the Board in engaging in an activity or
21-18 performing a service authorized under this section. The Board may
21-19 assess a certification fee, issue original and renewal
21-20 certificates, and prescribe conditions for the suspension or
21-21 revocation of a certificate issued under this subsection. The
21-22 Board shall issue a certificate under this subsection on request to
21-23 a person who meets the conditions described by Subsection (a)(1) of
21-24 this section and pays the required certification fee.
21-25 (c) Notwithstanding Subsection (a)(1) of this section, a
22-1 person employed as a psychologist or psychological associate who
22-2 offers or provides psychological services to the public, other than
22-3 lecture services, for compensation in addition to the salary
22-4 received by the person for the performance of regular duties, and a
22-5 person employed as a psychologist or psychological associate by an
22-6 organization that sells psychological services to the public, other
22-7 than lecture services, for compensation, must hold a license issued
22-8 under this Act.
22-9 SECTION 18. Section 23, Psychologists' Certification and
22-10 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
22-11 amended to read as follows:
22-12 Sec. 23. REVOCATION, CANCELLATION, OR SUSPENSION OF LICENSE
22-13 <OR CERTIFICATION>; CIVIL PENALTY. (a) The Board shall revoke or
22-14 suspend a license <or certificate>, place on probation a person
22-15 whose license <or certificate> has been suspended, or reprimand a
22-16 license <or certificate> holder if the license <or certificate>
22-17 holder:
22-18 (1) has been convicted of a felony or of a violation
22-19 of the law involving moral turpitude by any court; the conviction
22-20 of a felony shall be the conviction of any offense which if
22-21 committed within this state would constitute a felony under the
22-22 laws of this state;
22-23 (2) uses drugs or intoxicating liquors to an extent
22-24 that affects his professional competency;
22-25 (3) has been guilty of fraud or deceit in connection
23-1 with his services rendered as a psychologist;
23-2 (4) except as provided by Section 15B of this Act, has
23-3 aided or abetted a person, not a licensed psychologist, in
23-4 representing that person as a psychologist within this state;
23-5 (5) except as provided by Section 15B of this Act, has
23-6 represented himself or herself to be a psychologist licensed in
23-7 this state at a time he or she was not licensed to practice
23-8 psychology in this state, or practiced psychology in this state
23-9 without a license to practice psychology in this state;
23-10 (6) violates a rule adopted by the Board; or
23-11 (7) violates a provision of this Act; or
23-12 (8) has committed an act in violation of Section
23-13 21.14, Penal Code, or for which liability exists under Chapter 81,
23-14 Civil Practice and Remedies Code.
23-15 (b) If the Board proposes to refuse a person's application
23-16 for a license <or certification>, to suspend or revoke a person's
23-17 license <or certificate>, or to reprimand a person, the person is
23-18 entitled to a hearing before the State Office of Administrative
23-19 Hearings. The Board by rule shall adopt a broad schedule of
23-20 sanctions for violations under this Act. The State Office of
23-21 Administrative Hearings shall use the schedule for any sanction
23-22 imposed as the result of a hearing conducted by that office.
23-23 (c) Proceedings for the refusal, suspension, or revocation
23-24 of a license <or certificate> or for the reprimand of a person are
23-25 governed by Chapter 2001, Government Code <the Administrative
24-1 Procedure and Texas Register Act, as amended (Article 6252-13a,
24-2 Vernon's Texas Civil Statutes)>.
24-3 (d) An appeal of an action of the Board is governed by
24-4 Chapter 2001, Government Code <the Administrative Procedure and
24-5 Texas Register Act, as amended (Article 6252-13a, Vernon's Texas
24-6 Civil Statutes)>. Judicial review of an action of the Board shall
24-7 be conducted under the substantial evidence rule.
24-8 (e) A person who violates this Act or a rule or order
24-9 adopted by the Board under this Act is liable to the state for a
24-10 civil penalty of $1,000 for each day of violation. At the request
24-11 of the Board, the attorney general shall bring an action to recover
24-12 a civil penalty authorized under this subsection. A penalty
24-13 collected under this subsection shall be remitted to the
24-14 comptroller for deposit in the general revenue fund.
24-15 (f) In addition to the other disciplinary actions authorized
24-16 by this section, the Board may require that a license <or
24-17 certificate> holder who violates this Act participate in continuing
24-18 education programs. The Board shall specify the continuing
24-19 education programs that may be attended and the number of hours
24-20 that must be completed by an individual license <or certificate>
24-21 holder to fulfill the requirements of this subsection.
24-22 (g) If a license <or certificate> suspension is probated,
24-23 the Board may require the license <or certificate> holder to:
24-24 (1) report regularly to the Board on matters that are
24-25 the basis of the probation;
25-1 (2) limit practice to the areas prescribed by the
25-2 Board; or
25-3 (3) continue or review continuing professional
25-4 education until the license <or certificate> holder attains a
25-5 degree of skill satisfactory to the Board in those areas that are
25-6 the basis of the probation.
25-7 SECTION 19. Sections 23A(a), (d), (i), (j), (n), and (r),
25-8 Psychologists' Certification and Licensing Act (Article 4512c,
25-9 Vernon's Texas Civil Statutes), are amended to read as follows:
25-10 (a) The Board may impose an administrative penalty against a
25-11 person <licensed or> regulated under this Act who violates this Act
25-12 or a rule or order adopted under this Act.
25-13 (d) If the <An> executive director <who> determines that a
25-14 violation may have <has> occurred, the executive director shall
25-15 <may> issue to the Board a report that states the facts on which
25-16 the determination is based. The Board shall determine whether a
25-17 violation has occurred. If the Board determines that a violation
25-18 has occurred, the Board shall make a recommendation on the
25-19 imposition of a penalty, including a recommendation on the amount
25-20 of the penalty.
25-21 (i) The notice of the Board's order given to the person
25-22 under Chapter 2001, Government Code, <the Administrative Procedure
25-23 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
25-24 Statutes) and its subsequent amendments> must include a statement
25-25 of the right of the person to judicial review of the order.
26-1 (j) Within 30 days after the date the Board's order is final
26-2 as provided by Section 2001.144, Government Code <16(c),
26-3 Administrative Procedure and Texas Register Act (Article 6252-13a,
26-4 Vernon's Texas Civil Statutes), and its subsequent amendments>, the
26-5 person shall:
26-6 (1) pay the amount of the penalty;
26-7 (2) pay the amount of the penalty and file a petition
26-8 for judicial review contesting the occurrence of the violation, the
26-9 amount of the penalty, or both the occurrence of the violation and
26-10 the amount of the penalty; or
26-11 (3) without paying the amount of the penalty, file a
26-12 petition for judicial review contesting the occurrence of the
26-13 violation, the amount of the penalty, or both the occurrence of the
26-14 violation and the amount of the penalty.
26-15 (n) Judicial review of the order of the Board:
26-16 (1) is instituted by filing a petition as provided by
26-17 Subchapter G, Chapter 2001, Government Code <Section 19,
26-18 Administrative Procedure and Texas Register Act (Article 6252-13a,
26-19 Vernon's Texas Civil Statutes), and its subsequent amendments>; and
26-20 (2) is under the substantial evidence rule.
26-21 (r) All proceedings under this section are subject to
26-22 Chapter 2001, Government Code <the Administrative Procedure and
26-23 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
26-24 Statutes) and its subsequent amendments>.
26-25 SECTION 20. Sections 23B(a), (c), and (d), Psychologists'
27-1 Certification and Licensing Act (Article 4512c, Vernon's Texas
27-2 Civil Statutes), are amended to read as follows:
27-3 (a) An executive committee of the Board, consisting of the
27-4 presiding officer of the Board and two other Board members
27-5 appointed by the presiding officer, may temporarily suspend the
27-6 license <or certificate> of a license <or certificate> holder under
27-7 this Act if the executive committee determines from the evidence or
27-8 information presented to the committee that the continued practice
27-9 by the license <or certificate> holder constitutes a continuing or
27-10 imminent threat to the public welfare.
27-11 (c) A license <or certificate> temporarily suspended under
27-12 this section may be suspended without notice or hearing if, at the
27-13 time the suspension is ordered, a hearing on whether disciplinary
27-14 proceedings under this Act should be initiated against the license
27-15 <or certificate> holder is scheduled to be held not later than the
27-16 14th day after the date of the suspension. A second hearing on the
27-17 suspended license <or certificate> shall be held not later than the
27-18 60th day after the date the suspension was ordered. If the second
27-19 hearing is not held in the time required by this subsection, the
27-20 suspended license <or certificate> is automatically reinstated.
27-21 (d) The Board by rule shall adopt procedures for the
27-22 temporary suspension of a license <or certificate> under this
27-23 section.
27-24 SECTION 21. Section 24A, Psychologists' Certification and
27-25 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
28-1 amended to read as follows:
28-2 Sec. 24A. ENFORCEMENT OF COMPETENCY REQUIREMENTS. (a) If
28-3 the Board reasonably believes that a person who is applying to take
28-4 the provisional license <certification> examination, who is
28-5 applying for license renewal <of certification>, who is currently
28-6 licensed <or certified> by the Board, or who is otherwise providing
28-7 psychological services under any license or certification
28-8 sanctioned or approved by the Board, is not physically and mentally
28-9 competent to render psychological services with reasonable skill
28-10 and safety to the person's <his> patients, or is afflicted with a
28-11 disease or condition, either physical or mental, which would impair
28-12 the person's <his> competency to render psychological services, the
28-13 Board may request that the <that> person submit to a physical
28-14 examination by a doctor of medicine or doctor of osteopathic
28-15 medicine approved by the Board or submit to a mental examination by
28-16 a doctor of medicine, doctor of osteopathic medicine, or licensed
28-17 psychologist approved by the Board.
28-18 (b) If the applicant or person seeking license renewal <of
28-19 certification> refuses to submit to the examination, the Board
28-20 shall issue an order requiring that person to show cause for the
28-21 person's <his> refusal and shall schedule a hearing on the order
28-22 within thirty (30) days after notice is served on the person who
28-23 has refused to submit to the examination. Notice shall be given
28-24 either by personal service or by registered mail return receipt
28-25 requested. At the hearing the person may appear personally and by
29-1 counsel and present evidence in justification of the <his> refusal
29-2 to submit to the examination. After a complete hearing the Board
29-3 shall issue an order either requiring the person to submit to the
29-4 examination or withdrawing the request for the examination. Unless
29-5 the request is withdrawn the person who has refused to submit to
29-6 <take> the physical or mental examination may not take the
29-7 provisional license <certification> examination, and is not
29-8 entitled to license renewal <of his certification>. An appeal from
29-9 the order of the Board may be made under Section 23 of this Act.
29-10 SECTION 22. Section 25A, Psychologists' Certification and
29-11 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
29-12 amended by adding Subsections (e)-(i) to read as follows:
29-13 (e) Except as specifically provided by Subsection (f) of
29-14 this section, information regarding a complaint and investigation
29-15 conducted under this Act concerning an individual who is licensed
29-16 by the Board, and all information and materials compiled by the
29-17 Board in connection with a complaint and investigation, are not
29-18 subject to disclosure under Chapter 552, Government Code, and are
29-19 not subject to disclosure, discovery, subpoena, or other means of
29-20 legal compulsion for release to any person or entity.
29-21 (f) A complaint or investigation subject to Subsection (e)
29-22 of this section and all information and materials compiled by the
29-23 Board in connection with such a complaint or investigation may be
29-24 disclosed to:
29-25 (1) the Board and employees or agents of the Board who
30-1 are involved in disciplinary proceedings under this Act;
30-2 (2) a party to a disciplinary action against a license
30-3 holder or that party's designated representative;
30-4 (3) a law enforcement agency if otherwise required by
30-5 law;
30-6 (4) a governmental agency, if the disclosure is
30-7 required or permitted by law, if the agency obtaining disclosure
30-8 protects the identity of any patient whose records are examined; or
30-9 (5) subject to Subsection (g) of this section, a
30-10 legislative committee or its staff, if directed by either or both
30-11 houses of the legislature, the presiding officers of either or both
30-12 houses of the legislature, or the chairman of the legislative
30-13 committee to conduct an inquiry regarding state hospitals or
30-14 schools.
30-15 (g) Information, including records, that identifies a
30-16 patient or client may not be released for any purpose under
30-17 Subsection (f)(5) unless proper consent is given by the affected
30-18 patient. The only records that may be disclosed under Subsection
30-19 (f)(5) are records created by a state hospital or school or its
30-20 employees.
30-21 (h) Not later than the 30th day after the date on which the
30-22 Board receives a written request from a license holder who is
30-23 entitled to a hearing under this Act or from the holder's attorney
30-24 of record, the Board shall provide the license holder with access
30-25 to all information that the Board intends to offer into evidence at
31-1 the hearing, unless good cause for delay is shown to the person
31-2 acting as presiding officer in the hearing.
31-3 (i) In a disciplinary investigation or proceeding against a
31-4 license holder, the Board shall protect the identity of any patient
31-5 whose records are examined, except a patient who:
31-6 (1) initiates the disciplinary action; or
31-7 (2) has submitted a written consent to the release of
31-8 the patient's records.
31-9 SECTION 23. Section 25C(a), Psychologists' Certification and
31-10 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
31-11 amended to read as follows:
31-12 (a) The Board by rule shall adopt procedures governing:
31-13 (1) informal disposition of a contested case under
31-14 Section 2001.056, Government Code <13(e), Administrative Procedure
31-15 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
31-16 Statutes), and its subsequent amendments>; and
31-17 (2) informal proceedings held in compliance with
31-18 Section 2001.054, Government Code <18(c), Administrative Procedure
31-19 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
31-20 Statutes), and its subsequent amendments>.
31-21 SECTION 24. Section 25D, Psychologists' Certification and
31-22 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
31-23 amended to read as follows:
31-24 Sec. 25D. MONITORING OF LICENSE <OR CERTIFICATE> HOLDER. The
31-25 Board by rule shall develop a system for monitoring the <license or
32-1 certificate holders'> compliance of a license holder with the
32-2 requirements of this Act. Rules adopted under this section shall
32-3 include procedures for monitoring a license <or certificate> holder
32-4 who is ordered by the Board to perform certain acts to ascertain
32-5 that the license <or certificate> holder performs the required acts
32-6 and to identify and monitor license <or certificate> holders who
32-7 represent a risk to the public.
32-8 SECTION 25. Section 17A, Psychologists' Certification and
32-9 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
32-10 repealed.
32-11 SECTION 26. (a) This Act applies only to a license or
32-12 certificate issued or renewed by the Texas State Board of Examiners
32-13 of Psychologists on or after the effective date of this Act. A
32-14 license or certificate issued or renewed before that date is
32-15 governed by the law in effect on the date the license or
32-16 certificate was issued or renewed, and the former law is continued
32-17 in effect for that purpose.
32-18 (b) Section 25A, Psychologists' Certification and Licensing
32-19 Act (Article 4512c, Vernon's Texas Civil Statutes), as amended by
32-20 this Act, applies only to a disciplinary action of the Texas State
32-21 Board of Examiners of Psychologists that occurs on or after the
32-22 effective date of this Act. A disciplinary action that occurred
32-23 before that date is governed by the law in effect on the date the
32-24 disciplinary action occurred, and the former law is continued in
32-25 effect for that purpose.
33-1 SECTION 27. (a) The expiration date of a certificate issued
33-2 by the Texas State Board of Examiners of Psychologists under
33-3 Section 15, Psychologists' Certification and Licensing Act (Article
33-4 4512c, Vernon's Texas Civil Statutes), as that section existed
33-5 before amendment by this Act, is not affected by this Act, but the
33-6 certificate may not be renewed. The board shall issue a
33-7 provisional license under Section 15, Psychologists' Certification
33-8 and Licensing Act (Article 4512c, Vernon's Texas Civil Statutes),
33-9 as amended by this Act, to a person who meets the requirements for
33-10 renewal of the former certificate and who is not yet entitled to a
33-11 full license.
33-12 (b) Effective September 1, 1995, the board may issue and
33-13 renew certificates under the Psychologists' Certification and
33-14 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes) only
33-15 to a person who is eligible for a certificate under Section 22,
33-16 Psychologists' Certification and Licensing Act (Article 4512c,
33-17 Vernon's Texas Civil Statutes), as amended by this Act.
33-18 SECTION 28. This Act takes effect September 1, 1995.
33-19 SECTION 29. The importance of this legislation and the
33-20 crowded condition of the calendars in both houses create an
33-21 emergency and an imperative public necessity that the
33-22 constitutional rule requiring bills to be read on three several
33-23 days in each house be suspended, and this rule is hereby suspended.