By: Barrientos S.B. No. 71
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the requirements for licensing as a professional
1-2 counselor.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 10, Licensed Professional Counselor Act
1-5 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
1-6 as follows:
1-7 Sec. 10. APPLICANT QUALIFICATIONS. A person is a qualified
1-8 applicant if the person:
1-9 (1) is at least 18 years old;
1-10 (2) has submitted an application as required by the
1-11 board, accompanied by the application fee set by the board; the
1-12 board may require that the statements on the application be made
1-13 under oath;
1-14 (3) has a master's or doctorate degree in counseling
1-15 or a related field;
1-16 (4) has successfully completed a graduate degree at a
1-17 regionally accredited institution of higher education and a planned
1-18 graduate program of 48 graduate semester hours or the substantial
1-19 equivalent, including 300 clock hours of supervised practicum that
1-20 is primarily counseling in nature and that meets the specific
1-21 academic course content and training standards established by the
1-22 board. The board shall review and consider the standards as
1-23 developed by the appropriate professional association;
1-24 (5) has completed 36 <24> months or 3,000 <2,000>
2-1 hours of supervised experience working in a counseling setting that
2-2 meets the requirements established by the board after the
2-3 completion of the 48 graduate semester hour or equivalent graduate
2-4 program;
2-5 (6) has successfully completed the examination
2-6 required under this Act; and
2-7 (7) has met the requirements prescribed by the board.
2-8 SECTION 2. Section 12, Licensed Professional Counselor Act
2-9 (Article 4512g, Vernon's Texas Civil Statutes), is amended by
2-10 adding Subsection (e) to read as follows:
2-11 (e) An applicant who meets the requirements for licensing by
2-12 endorsement under Subsection (a) of Section 18 of this Act is
2-13 exempt from the examination administered under this section.
2-14 SECTION 3. Subsection (a), Section 16, Licensed Professional
2-15 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes), as
2-16 amended by Section 2.06, Chapter 573, and Section 14, Chapter 581,
2-17 Acts of the 73rd Legislature, 1993, is amended to read as follows:
2-18 (a) The board shall revoke, suspend, suspend on an emergency
2-19 basis, or refuse to renew the license of a counselor, place on
2-20 probation a counselor whose license has been suspended, or
2-21 reprimand a counselor if the counselor:
2-22 (1) has committed an act in violation of Section
2-23 21.14, Penal Code, or for which liability exists under Chapter 81,
2-24 Civil Practice and Remedies Code;
2-25 (2) has violated this Act or a rule or code of ethics
2-26 adopted by the board;
2-27 (3) is legally committed to an institution because of
3-1 mental incompetence from any cause; or
3-2 (4) <(3)> offers to pay or agrees to accept any
3-3 remuneration, directly or indirectly, to or from any person or
3-4 entity for securing or soliciting a patient or patronage.
3-5 SECTION 4. (a) This Act takes effect September 1, 1995, and
3-6 except as provided by Subsection (b) of this section, applies only
3-7 to an application for licensing as a professional counselor filed
3-8 with the Texas State Board of Examiners of Professional Counselors
3-9 on or after that date. An application filed before the effective
3-10 date of this Act is governed by the law in effect at the time the
3-11 application was made and the former law is continued in effect for
3-12 that purpose.
3-13 (b) The change in law made by Section 2 of this Act applies
3-14 to a person who applied for licensing as a professional counselor
3-15 on or after September 1, 1993.
3-16 SECTION 5. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.