By: Madla S.B. No. 1478
A BILL TO BE ENTITLED
AN ACT
1-1 relating to investigations, functions, and duties of the State
1-2 Board of Examiners of Psychologists and to examinations, the
1-3 provision of temporary licensure and certification, and
1-4 confidentiality.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subdivision (3), Subsection (e), Section 5,
1-7 Psychologists' Certification and Licensing Act (Article 4512c,
1-8 Vernon's Texas Civil Statutes), is amended to read as follows:
1-9 (3) If the executive director has knowledge that a
1-10 potential ground for removal may exist <exists>, the executive
1-11 director shall notify the Board <governor and the attorney general>
1-12 that a potential ground for removal may exist <exists>. The Board
1-13 shall notify the governor and attorney general if a potential
1-14 ground for removal exists.
1-15 SECTION 2. Subsection (d), Section 11, Psychologists'
1-16 Certification and Licensing Act (Article 4512c, Vernon's Texas
1-17 Civil Statutes), is amended to read as follows:
1-18 (d) In addition to the requirements of Subsection (b) or (c)
1-19 of this section, the applicant must meet the following
1-20 qualifications:
1-21 (1) the applicant has attained the age of majority;
1-22 (2) the applicant is of good moral character;
1-23 (3) in the judgment of the Board, the applicant is
2-1 physically and mentally competent to render psychological services
2-2 with reasonable skill and safety and is afflicted with no disease
2-3 or condition, either mental or physical, which would impair
2-4 competency to render psychological services; and
2-5 (4) the applicant:
2-6 (A) has not been convicted of a felony or a
2-7 crime involving moral turpitude;
2-8 (B) does not use drugs or intoxicating liquors
2-9 to an extent that affects the applicant's professional competency;
2-10 (C) has not been guilty of fraud or deceit in
2-11 making the application;
2-12 (D) except as provided by Section 15B of this
2-13 Act, has not aided or abetted a person, not a licensed or certified
2-14 psychologist, in representing that person as a psychologist in this
2-15 state;
2-16 (E) except as provided by Section 15B of this
2-17 Act, has not represented himself or herself to be a psychologist
2-18 licensed in this state at a time he or she was not licensed to
2-19 practice psychology in this state, or practiced psychology in this
2-20 state without a license to practice psychology in this state.
2-21 SECTION 3. Subsections (a) and (b), Section 14,
2-22 Psychologists' Certification and Licensing Act (Article 4512c,
2-23 Vernon's Texas Civil Statutes), are amended to read as follows:
2-24 (a) The Board shall administer oral and written examinations
2-25 to qualified applicants for certification and licensure at least
3-1 once a year. The Board shall have the written portion of the
3-2 examination, if any, validated by an independent testing
3-3 professional. The Board shall determine the subject and scope of
3-4 the examinations and establish appropriate fees for examinations
3-5 administered. Part of the examinations shall test applicant
3-6 knowledge of the discipline and profession of psychology and part
3-7 shall test applicant knowledge of the laws and rules governing the
3-8 profession of psychology in this state. This latter part of the
3-9 examination is to be known as the Board's jurisprudence
3-10 examination. An applicant who fails his examination may be
3-11 reexamined at intervals specified by the Board upon payment of
3-12 another examination fee corresponding to the examination failed.
3-13 (b) Within 30 days after the day on which an <a
3-14 certification> examination is administered under Subsection (a) of
3-15 this section <Act>, the Board shall notify each examinee of the
3-16 results of the examination. However, if an examination is graded
3-17 or reviewed by a national testing service, the Board shall notify
3-18 examinees of the results of the examination within two weeks after
3-19 the day that the Board receives the results from the testing
3-20 service. If the notice of the examination results will be delayed
3-21 for longer than 90 days after the examination date, the Board shall
3-22 notify the examinee of the reason for the delay before the 90th
3-23 day.
3-24 SECTION 4. Section 15A, Psychologists' Certification and
3-25 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
4-1 amended to read as follows:
4-2 Sec. 15A. ENDORSEMENT. (a) The Board may grant a temporary
4-3 <provisional> license or certificate to an applicant seeking
4-4 permanent certification or licensure, including individuals seeking
4-5 reciprocity under Section 15B, upon <on> submission to the Board of
4-6 an application in the form prescribed by the Board and payment of
4-7 the required application fees if:
4-8 (1) the individual is licensed, certified, or
4-9 registered as a psychologist or psychological associate by another
4-10 state, the District of Columbia, or a commonwealth or territory of
4-11 the United States and is in good standing with the regulatory
4-12 agency of that jurisdiction;
4-13 (2) the requirements for licensing, certification, or
4-14 registration in the other jurisdiction are substantially equal to
4-15 those prescribed by this Act; and
4-16 (3) the individual has passed a national or other
4-17 examination recognized as equivalent by the Board to the
4-18 examination process required by the Board for permanent licensure
4-19 and certification under this Act <relating to psychology; and>
4-20 <(4) the individual is sponsored by a person licensed
4-21 or certified by the Board under this Act with whom the provisional
4-22 license or certificate holder may practice under this section>.
4-23 (b) <An applicant for a provisional license or certificate
4-24 may be excused from the requirement of Subsection (a)(4) of this
4-25 section if the Board determines that compliance with that
5-1 subsection constitutes a hardship to the applicant.>
5-2 <(c)> A temporary <provisional> license or certificate is
5-3 valid until the date the Board approves or denies the temporary
5-4 <provisional> license or certificate holder's application for a
5-5 permanent license or certificate or for one year if no action is
5-6 taken by the Board.
5-7 (c) If the Board denies the temporary license or certificate
5-8 holder's application for permanent licensure or certification, the
5-9 temporary license or certificate shall automatically expire.
5-10 (d) All temporary licenses and certificates expire one year
5-11 after their issuance. <The Board shall issue a license or
5-12 certificate under this Act to the holder of a provisional license
5-13 or certificate under this section if:>
5-14 <(1) the provisional license or certificate holder
5-15 passes the examination required by Section 14 of this Act;>
5-16 <(2) the Board verifies that the provisional license
5-17 or certificate holder has the academic and experience requirements
5-18 for a license or certificate under this Act; and>
5-19 <(3) the provisional license or certificate holder
5-20 satisfies any other license or certification requirements under
5-21 this Act.>
5-22 <(d) The Board must complete the processing of a provisional
5-23 license or certificate holder's application for a license or
5-24 certificate not later than the 180th day after the date the
5-25 provisional license or certificate is issued.>
6-1 (e) The Board may adopt rules for the temporary
6-2 <provisional> certification or licensing of an individual who holds
6-3 a valid license or the equivalent from another country.
6-4 (f) Any temporary license or certificate issued under this
6-5 section does not constitute a vested property right.
6-6 (g) A holder of a temporary license or certificate issued
6-7 under this Act must display a sign approved by the Board in every
6-8 room where the holder renders psychological services indicating the
6-9 temporary nature of the license or certificate.
6-10 SECTION 5. Section 18, Psychologists' Certification and
6-11 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
6-12 amended to read as follows:
6-13 Sec. 18. ROSTER OF CERTIFIED AND LICENSED PSYCHOLOGISTS.
6-14 The <During the month of April of each year, the> Board shall, on
6-15 an annual basis, publish a list of all psychologists certified or
6-16 licensed under this Act. The list shall contain the name and
6-17 address of the psychologist and such other information that the
6-18 Board deems desirable. The list shall be arranged both
6-19 alphabetically and geographically. The Board shall mail a copy of
6-20 this list to each person licensed under this Act, shall place a
6-21 copy on file with the Secretary of State and shall furnish copies
6-22 to the public upon request.
6-23 SECTION 6. Subsection (d), Section 23A, Psychologists'
6-24 Certification and Licensing Act (Article 4512c, Vernon's Texas
6-25 Civil Statutes), is amended to read as follows:
7-1 (d) An executive director who determines that a violation
7-2 may have <has> occurred shall <may> issue to the Board a report
7-3 that states the facts on which the determination is based. The
7-4 Board shall determine whether a violation has occurred. If the
7-5 Board determines that a violation has occurred, the Board shall
7-6 make a recommendation on the imposition of a penalty, including a
7-7 recommendation on the amount of the penalty.
7-8 SECTION 7. Section 25A, Psychologists' Certification and
7-9 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
7-10 amended by adding Subsections (e), (f), (g), and (h), to read as
7-11 follows:
7-12 (e) Except as specifically provided in Subsection (f) of
7-13 this section, a complaint and investigation under Section 8 of this
7-14 Act concerning an individual licensed or certified by the Board and
7-15 all information and materials compiled by the Board in connection
7-16 with a complaint and investigation are not subject to disclosure
7-17 under the open records law, Chapter 552, Government Code, and are
7-18 not subject to disclosure, discovery, subpoena, or other means of
7-19 legal compulsion for their release to any person or entity.
7-20 (f) A complaint or investigation covered by Subsection (e)
7-21 of this section and all information and materials compiled by the
7-22 Board in connection with such a complaint or investigation may be
7-23 disclosed to:
7-24 (1) the Board and its employees or agents involved in
7-25 licensee and/or certificand discipline;
8-1 (2) a party to a disciplinary action against the
8-2 licensee and/or certificand or that party's designated
8-3 representative;
8-4 (3) law enforcement agencies if otherwise required by
8-5 law;
8-6 (4) governmental agencies, if the disclosure is
8-7 required or permitted by law, provided that the agency obtaining
8-8 disclosure shall protect the identity of any patient whose records
8-9 are examined; or
8-10 (5) any legislative committee or its staff directed by
8-11 either or both houses of the legislature, the presiding officers of
8-12 either or both houses of the legislature, or the chairman of the
8-13 legislative committee to make an inquiry regarding state hospitals
8-14 or schools, provided that no information or records that identify a
8-15 patient or client shall be released for any purpose unless proper
8-16 consent is given by the patient and provided that only records
8-17 created by the state hospital or school or its employees shall be
8-18 included under this subsection.
8-19 (g) Not later than 30 days after receiving a written request
8-20 from a licensee or certificand who is entitled to a hearing under
8-21 this Act or from the licensee's or certificand's attorney of
8-22 record, the Board shall provide the licensee or certificand with
8-23 access to all information that the Board intends to offer into
8-24 evidence at the hearing, unless good cause for delay is shown to
8-25 the person presiding as officer in the hearing.
9-1 (h) In any disciplinary investigation or proceeding against
9-2 a licensee or certificand, the Board shall protect the identity of
9-3 any patient whose records are examined, except:
9-4 (1) any patient initiating the disciplinary action; or
9-5 (2) those patients who have submitted a written
9-6 consent to the release of their records.
9-7 SECTION 8. This Act takes effect September 1, 1995.
9-8 SECTION 9. The importance of this legislation and the
9-9 crowded condition of the calendars in both houses create an
9-10 emergency and an imperative public necessity that the
9-11 constitutional rule requiring bills to be read on three several
9-12 days in each house be suspended, and this rule is hereby suspended.