1-1 By: Barrientos S.B. No. 71
1-2 (In the Senate - Filed November 21, 1994; January 11, 1995,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; February 16, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 8, Nays 0; February 16, 1995, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Moncrief
1-8 Amend S.B. No. 71 as follows:
1-9 (1) Add a new SECTION 3 to read as follows:
1-10 SECTION 3. Subsection (a), Section 16, Licensed Professional
1-11 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes), as
1-12 amended by Section 2.06, Chapter 573, and Section 14, Chapter 581,
1-13 Acts of the 73rd Legislature, 1993, is amended to read as follows:
1-14 (a) The board shall revoke, suspend, suspend on an emergency
1-15 basis, or refuse to renew the license of a counselor, place on
1-16 probation a counselor whose license has been suspended, or
1-17 reprimand a counselor if the counselor:
1-18 (1) has committed an act in violation of Section
1-19 21.14, Penal Code, or for which liability exists under Chapter 81,
1-20 Civil Practice and Remedies Code;
1-21 (2) has violated this Act or a rule or code of ethics
1-22 adopted by the board;
1-23 (3) is legally committed to an institution because of
1-24 mental incompetence from any cause; or
1-25 (4) <(3)> offers to pay or agrees to accept any
1-26 remuneration, directly or indirectly, to or from any person or
1-27 entity for securing or soliciting a patient or patronage.
1-28 (2) Renumber remaining SECTIONS appropriately.
1-29 A BILL TO BE ENTITLED
1-30 AN ACT
1-31 relating to the requirements for licensing as a professional
1-32 counselor.
1-33 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-34 SECTION 1. Section 10, Licensed Professional Counselor Act
1-35 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
1-36 as follows:
1-37 Sec. 10. APPLICANT QUALIFICATIONS. A person is a qualified
1-38 applicant if the person:
1-39 (1) is at least 18 years old;
1-40 (2) has submitted an application as required by the
1-41 board, accompanied by the application fee set by the board; the
1-42 board may require that the statements on the application be made
1-43 under oath;
1-44 (3) has a master's or doctorate degree in counseling
1-45 or a related field;
1-46 (4) has successfully completed a graduate degree at a
1-47 regionally accredited institution of higher education and a planned
1-48 graduate program of 48 graduate semester hours or the substantial
1-49 equivalent, including 300 clock hours of supervised practicum that
1-50 is primarily counseling in nature and that meets the specific
1-51 academic course content and training standards established by the
1-52 board. The board shall review and consider the standards as
1-53 developed by the appropriate professional association;
1-54 (5) has completed 36 <24> months or 3,000 <2,000>
1-55 hours of supervised experience working in a counseling setting that
1-56 meets the requirements established by the board after the
1-57 completion of the 48 graduate semester hour or equivalent graduate
1-58 program;
1-59 (6) has successfully completed the examination
1-60 required under this Act; and
1-61 (7) has met the requirements prescribed by the board.
1-62 SECTION 2. Section 12, Licensed Professional Counselor Act
1-63 (Article 4512g, Vernon's Texas Civil Statutes), is amended by
1-64 adding Subsection (e) to read as follows:
1-65 (e) An applicant who meets the requirements for licensing by
1-66 endorsement under Subsection (a) of Section 18 of this Act is
1-67 exempt from the examination administered under this section.
1-68 SECTION 3. (a) This Act takes effect September 1, 1995, and
2-1 except as provided by Subsection (b) of this section, applies only
2-2 to an application for licensing as a professional counselor filed
2-3 with the Texas State Board of Examiners of Professional Counselors
2-4 on or after that date. An application filed before the effective
2-5 date of this Act is governed by the law in effect at the time the
2-6 application was made and the former law is continued in effect for
2-7 that purpose.
2-8 (b) The change in law made by Section 2 of this Act applies
2-9 to a person who applied for licensing as a professional counselor
2-10 on or after September 1, 1993.
2-11 SECTION 4. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.
2-16 * * * * *