74R8641 JMM-F
By Barrientos S.B. No. 71
Substitute the following for S.B. No. 71:
By Maxey C.S.S.B. No. 71
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of professional
1-3 counseling.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1A, Licensed Professional Counselor Act
1-6 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
1-7 as follows:
1-8 Sec. 1A. POLICY STATEMENT. (a) It is the policy of this
1-9 state that the activities of a person who provides services to the
1-10 public as a counselor and uses the title licensed professional
1-11 counselor should be regulated to protect the health, safety, and
1-12 welfare of the public.
1-13 (b) Nothing in this Act may be construed as permitting the
1-14 practice of medicine as defined by the laws of this state.
1-15 SECTION 2. Sections 2(6) and (7), Licensed Professional
1-16 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes), are
1-17 amended to read as follows:
1-18 (6) "Counseling treatment intervention <services>"
1-19 means the application of cognitive, affective, behavioral,
1-20 psychodynamic, and systemic counseling strategies, including
1-21 strategies for developmental, wellness, and psychological
1-22 dysfunction, that reflect a pluralistic society <those acts and
1-23 behaviors coming within the meaning of the practice of counseling>.
1-24 The term includes: interventions specifically implemented in the
2-1 context of a professional counseling relationship; individual,
2-2 group, and family counseling and psychotherapy; the assessment,
2-3 evaluation, and treatment of persons with mental, emotional, and
2-4 behavioral disorders, as opposed to physical disorders; guidance
2-5 and consulting to facilitate normal growth and development,
2-6 including educational and career development; the use of functional
2-7 assessment and counseling for persons requesting assistance in
2-8 adjustment to a disability or handicapping condition; research; and
2-9 referrals. The use of specific methods, techniques, or modalities
2-10 in the practice of professional counseling is limited to
2-11 professional counselors appropriately trained in the use of that
2-12 method, technique, or modality.
2-13 (7) "Practice of professional counseling" means the
2-14 application of mental health, psychotherapeutic, and human
2-15 development principles to:
2-16 (A) facilitate human development and adjustment
2-17 throughout the lifespan;
2-18 (B) prevent, assess, evaluate, and treat mental,
2-19 emotional, or behavioral disorders and associated distresses, as
2-20 opposed to physical disorders, that interfere with mental health;
2-21 (C) conduct assessments and evaluations to
2-22 establish treatment goals and objectives; and
2-23 (D) plan, implement, and evaluate treatment
2-24 plans using counseling treatment interventions <rendering or
2-25 offering to render, to individuals, couples, families, groups,
2-26 organizations, or the general public, counseling or guidance
2-27 services, for compensation, involving the application of
3-1 principles, methods, or procedures of the counseling profession>
3-2 that include:
3-3 (i) <(A)> "counseling" which means
3-4 assisting one or more clients through the therapeutic relationship,
3-5 using a combination of mental health and human development
3-6 principles, methods, and techniques, including the use of
3-7 psychotherapy, to achieve the mental, emotional, physical, social,
3-8 moral, educational, spiritual, or career-related development and
3-9 adjustment of the client throughout the client's life;
3-10 (ii) <(B)> "assessment <appraisal
3-11 activities>" which means selecting, administering, scoring, and
3-12 interpreting instruments designed to assess an individual's
3-13 aptitudes, attitudes, abilities, achievements, interests, <and>
3-14 personal characteristics, disabilities, and mental, emotional, and
3-15 behavioral disorders and the use of methods and techniques for
3-16 understanding human behavior that may include the evaluation,
3-17 assessment, and treatment by counseling methods, techniques, and
3-18 procedures for mental and emotional disorders, alcoholism and
3-19 substance abuse, and other habit or conduct disorders, as opposed
3-20 to physical disorders, but does not include the use of projective
3-21 techniques in the assessment of personality;
3-22 (iii) <(C)> "<counseling, guidance, and
3-23 personnel> consulting" which means the application of scientific
3-24 principles and procedures in counseling and human development to
3-25 provide assistance in understanding and solving current or
3-26 potential problems that the person seeking consultation may have
3-27 with regard to a third party, including an individual, group, or
4-1 organization <interpreting or reporting on scientific fact or
4-2 theory in counseling, guidance, and personnel services to provide
4-3 assistance in solving some current or potential problems of
4-4 individuals, couples, families, groups, or organizations>; and
4-5 (iv) <(D)> "referral" which means
4-6 evaluating and identifying needs of a counselee to determine the
4-7 advisability of referral to other specialists, informing the
4-8 counselee of such judgment, and communicating as requested or
4-9 deemed appropriate to such referral sources.
4-10 SECTION 3. Section 10, Licensed Professional Counselor Act
4-11 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
4-12 as follows:
4-13 Sec. 10. APPLICANT QUALIFICATIONS. A person is a qualified
4-14 applicant if the person:
4-15 (1) is at least 18 years old;
4-16 (2) has submitted an application as required by the
4-17 board, accompanied by the application fee set by the board; the
4-18 board may require that the statements on the application be made
4-19 under oath;
4-20 (3) has a master's or doctorate degree in counseling
4-21 or a related field;
4-22 (4) has successfully completed a graduate degree at a
4-23 regionally accredited institution of higher education and a planned
4-24 graduate program of 48 graduate semester hours or the substantial
4-25 equivalent, including 300 clock hours of supervised practicum that
4-26 is primarily counseling in nature and that meets the specific
4-27 academic course content and training standards established by the
5-1 board. The board shall review and consider the standards as
5-2 developed by the appropriate professional association;
5-3 (5) has completed 36 <24> months or 3,000 <2,000>
5-4 hours of supervised experience working in a counseling setting that
5-5 meets the requirements established by the board after the
5-6 completion of the 48 graduate semester hour or equivalent graduate
5-7 program;
5-8 (6) has successfully completed the examination
5-9 required under this Act; and
5-10 (7) has met the requirements prescribed by the board.
5-11 SECTION 4. Section 12, Licensed Professional Counselor Act
5-12 (Article 4512g, Vernon's Texas Civil Statutes), is amended by
5-13 adding Subsection (e) to read as follows:
5-14 (e) An applicant who meets the requirements for licensing by
5-15 endorsement under Section 18(a) of this Act is exempt from the
5-16 examination administered under this section.
5-17 SECTION 5. Section 16(a), Licensed Professional Counselor
5-18 Act (Article 4512g, Vernon's Texas Civil Statutes), as amended by
5-19 Section 2.06, Chapter 573, and Section 14, Chapter 581, Acts of the
5-20 73rd Legislature, 1993, is amended to read as follows:
5-21 (a) The board shall revoke, suspend, suspend on an emergency
5-22 basis, or refuse to renew the license of a counselor, place on
5-23 probation a counselor whose license has been suspended, or
5-24 reprimand a counselor if the counselor:
5-25 (1) has committed an act in violation of Section
5-26 21.14, Penal Code, or for which liability exists under Chapter 81,
5-27 Civil Practice and Remedies Code;
6-1 (2) has violated this Act or a rule or code of ethics
6-2 adopted by the board;
6-3 (3) is legally committed to an institution because of
6-4 mental incompetence from any cause; or
6-5 (4) <(3)> offers to pay or agrees to accept any
6-6 remuneration, directly or indirectly, to or from any person or
6-7 entity for securing or soliciting a patient or patronage.
6-8 SECTION 6. (a) Except as provided by Subsections (b) and
6-9 (c) of this section, this Act takes effect September 1, 1995, and
6-10 applies only to an application for licensing as a professional
6-11 counselor filed with the Texas State Board of Examiners of
6-12 Professional Counselors on or after that date. An application
6-13 filed before the effective date of this Act is governed by the law
6-14 in effect at the time the application was filed, and the former law
6-15 is continued in effect for that purpose.
6-16 (b) The change in law made by this Act to Section 10,
6-17 Licensed Professional Counselor Act (Article 4512g, Vernon's Texas
6-18 Civil Statutes), applies only to a person who applies for licensing
6-19 as a professional counselor on or after September 1, 1996.
6-20 (c) The change in law made by this Act to Section 12,
6-21 Licensed Professional Counselor Act (Article 4512g, Vernon's Texas
6-22 Civil Statutes), applies only to a person who applies for licensing
6-23 as a professional counselor on or after September 1, 1993.
6-24 SECTION 7. The importance of this legislation and the
6-25 crowded condition of the calendars in both houses create an
6-26 emergency and an imperative public necessity that the
6-27 constitutional rule requiring bills to be read on three several
7-1 days in each house be suspended, and this rule is hereby suspended.