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.