74R13044 PB-D
By Madla S.B. No. 1478
Substitute the following for S.B. No. 1478:
By Rodriguez C.S.S.B. No. 1478
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of psychologists and the powers and
1-3 duties of the Texas State Board of Examiners of Psychologists.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Psychologists' Certification and
1-6 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
1-7 amended to read as follows:
1-8 Sec. 2. DEFINITIONS. (a) In this Act, unless the context
1-9 otherwise requires:
1-10 (1) <(a)> "Board" means the Texas State Board of
1-11 Examiners of Psychologists <provided for by this Act>.
1-12 (2) "Certificate" means a credential issued by the
1-13 Board to a person under Section 22(b) of this Act.
1-14 (3) "Full license" means a credential issued by the
1-15 Board to a person who has satisfied all requirements under this Act
1-16 to practice as a psychologist without supervision.
1-17 (4) "License" means a full license or a provisional
1-18 license.
1-19 (5) "Provisional license" means a credential issued by
1-20 the Board to a person who has satisfied preliminary requirements
1-21 under this Act for a psychologist license and who is required to
1-22 practice as a psychologist under supervision.
1-23 (6) "Psychologist" means a person who holds a license
1-24 or certificate issued under this Act based on an earned doctoral
2-1 degree conferred by an institution of higher education.
2-2 (7) "Psychological associate" means a person who holds
2-3 a license issued under Section 19 of this Act based on an earned
2-4 sub-doctoral degree conferred by an institution of higher
2-5 education.
2-6 (b) A person represents himself to be a "psychologist"
2-7 within the meaning of this Act when the person:
2-8 (1) <he> holds himself out to the public by any title
2-9 or description of services incorporating the words "psychological,"
2-10 "psychologists," or "psychology;" <"psychology,"> or
2-11 (2) renders or offers to render psychological services
2-12 to individuals, groups, organizations, or the public.
2-13 (c) The term "psychological services," means an act <acts>
2-14 or behavior <behaviors coming> within the purview of the practice
2-15 of psychology. The practice of psychology is an offering to the
2-16 public or rendering to individuals or groups of any service,
2-17 including computerized procedures, that involves but is not
2-18 restricted to the application of established principles, methods,
2-19 and procedures of describing, explaining, and ameliorating
2-20 behavior. The practice of psychology addresses normal behavior and
2-21 the evaluation, prevention, and remediation of psychological,
2-22 emotional, mental, interpersonal, learning, and behavioral
2-23 disorders of individuals and groups, as well as the psychological
2-24 concomitants of medical problems, organizational structures,
2-25 stress, and health. The practice of psychology includes the use of
2-26 projective techniques, neuropsychological testing, counseling,
2-27 career counseling, psychotherapy, hypnosis for health care
3-1 purposes, hypnotherapy, and biofeedback and the evaluation and
3-2 treatment by psychological techniques and procedures of mental or
3-3 emotional disorders and disabilities. The practice of psychology
3-4 is based on a systematic body of knowledge and principles acquired
3-5 in an organized program of graduate study and on the standards of
3-6 ethics established by the profession.
3-7 SECTION 2. Section 5(e)(3), Psychologists' Certification and
3-8 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
3-9 amended to read as follows:
3-10 (3) If the executive director has knowledge that a
3-11 potential ground for removal may exist <exists>, the executive
3-12 director shall notify the Board <governor and the attorney general>
3-13 that a potential ground for removal may exist <exists>. The Board
3-14 shall notify the governor and the attorney general if a potential
3-15 ground for removal exists.
3-16 SECTION 3. Sections 8(f), (g), (j), and (m), Psychologists'
3-17 Certification and Licensing Act (Article 4512c, Vernon's Texas
3-18 Civil Statutes), are amended to read as follows:
3-19 (f) The Board shall keep an information file about each
3-20 complaint filed with the Board relating to a license holder
3-21 <licensee>.
3-22 (g) If a written complaint is filed with the Board relating
3-23 to a license holder <licensee>, the Board at least as frequently as
3-24 quarterly and until final disposition of the complaint shall notify
3-25 the parties to the complaint of the status of the complaint unless
3-26 the notification would jeopardize an undercover investigation.
3-27 (j) The Board shall establish mandatory continuing education
4-1 programs for persons licensed <regulated> by the Board under this
4-2 Act. The Board by rule shall establish a minimum number of hours
4-3 of continuing education required to renew a license <or
4-4 certificate> under this Act. The Board may assess the continuing
4-5 education needs of license <or certificate> holders and may require
4-6 license <or certificate> holders to attend continuing education
4-7 courses specified by the Board. The Board by rule shall develop a
4-8 process to evaluate and approve continuing education courses. The
4-9 Board shall identify the key factors for the competent performance
4-10 by a license <or certificate> holder of the license <or
4-11 certificate> holder's professional duties. The Board shall adopt a
4-12 procedure to assess a license <or certificate> holder's
4-13 participation in continuing education programs.
4-14 (m) The Board is subject to Chapters 551 and 2001,
4-15 Government Code <the open meetings law, Chapter 271, Acts of the
4-16 60th Legislature, Regular Session, 1967, as amended (Article
4-17 6252-17, Vernon's Texas Civil Statutes), and the Administrative
4-18 Procedure and Texas Register Act, as amended (Article 6252-13a,
4-19 Vernon's Texas Civil Statutes)>.
4-20 SECTION 4. Section 8A(a), Psychologists' Certification and
4-21 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
4-22 amended to read as follows:
4-23 (a) The executive director or the executive director's
4-24 designee shall prepare and maintain a written policy statement to
4-25 ensure implementation of a program of equal employment opportunity
4-26 under which all personnel transactions are made without regard to
4-27 race, color, disability, sex, religion, age, or national origin.
5-1 The policy statement must include:
5-2 (1) personnel policies, including policies relating to
5-3 recruitment, evaluation, selection, application, training, and
5-4 promotion of personnel that are in compliance with Chapter 21,
5-5 Labor Code <the Commission on Human Rights Act (Article 5221k,
5-6 Vernon's Texas Civil Statutes) and its subsequent amendments>;
5-7 (2) a comprehensive analysis of the Board work force
5-8 that meets federal and state guidelines;
5-9 (3) procedures by which a determination can be made of
5-10 significant underuse in the Board work force of all persons for
5-11 whom federal or state guidelines encourage a more equitable
5-12 balance; and
5-13 (4) reasonable methods to appropriately address those
5-14 areas of underuse.
5-15 SECTION 5. Section 8D(c), Psychologists' Certification and
5-16 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
5-17 amended to read as follows:
5-18 (c) A training program established under this section shall
5-19 provide information to a participant regarding:
5-20 (1) the enabling legislation that created the Board to
5-21 which the member is appointed;
5-22 (2) the programs operated by the Board;
5-23 (3) the role and functions of the Board;
5-24 (4) the rules of the Board with an emphasis on the
5-25 rules that relate to disciplinary and investigatory authority;
5-26 (5) the current budget for the Board;
5-27 (6) the results of the most recent formal audit of the
6-1 Board;
6-2 (7) the requirements of Chapters 551, 552, and 2001,
6-3 Government Code <the:>
6-4 <(A) open meetings law, Chapter 271, Acts of the
6-5 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
6-6 Texas Civil Statutes);>
6-7 <(B) open records law, Chapter 424, Acts of the
6-8 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
6-9 Texas Civil Statutes); and>
6-10 <(C) Administrative Procedure and Texas Register
6-11 Act (Article 6252-13a, Vernon's Texas Civil Statutes)>;
6-12 (8) the requirements of the conflict of interest laws
6-13 and other laws relating to public officials; and
6-14 (9) any applicable ethics policies adopted by the
6-15 Board or the Texas Ethics Commission.
6-16 SECTION 6. Section 11, Psychologists' Certification and
6-17 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
6-18 amended to read as follows:
6-19 Sec. 11. QUALIFICATION OF APPLICANT FOR PROVISIONAL LICENSE
6-20 EXAMINATION <FOR CERTIFICATION>. (a) An applicant is qualified to
6-21 take the examination for a provisional license <certification> as a
6-22 psychologist if the applicant meets the requirements provided by
6-23 this section.
6-24 (b) An applicant whose doctoral degree was received on or
6-25 after January 1, 1979, must have received a doctoral degree in
6-26 psychology from a regionally accredited educational institution.
6-27 (c) An applicant whose doctoral degree was received before
7-1 January 1, 1979, must have received either a doctoral degree in
7-2 psychology, or the substantial equivalent of a doctoral degree in
7-3 psychology in both subject matter and extent of training, from a
7-4 regionally accredited educational institution. In determining
7-5 whether a degree is substantially equivalent, the Board shall
7-6 consider whether the doctoral program met the prevailing standards
7-7 for training in the area of psychology, including standards for
7-8 training in counseling, clinical, school, and industrial, in effect
7-9 at the time the degree was conferred.
7-10 (d) In addition to the requirements of Subsection (b) or (c)
7-11 of this section, the applicant must meet the following
7-12 qualifications:
7-13 (1) the applicant has attained the age of majority;
7-14 (2) the applicant is of good moral character;
7-15 (3) in the judgment of the Board, the applicant is
7-16 physically and mentally competent to render psychological services
7-17 with reasonable skill and safety and is afflicted with no disease
7-18 or condition, either mental or physical, which would impair
7-19 competency to render psychological services; and
7-20 (4) the applicant:
7-21 (A) has not been convicted of a felony or a
7-22 crime involving moral turpitude;
7-23 (B) does not use drugs or intoxicating liquors
7-24 to an extent that affects the applicant's professional competency;
7-25 (C) has not been guilty of fraud or deceit in
7-26 making the application;
7-27 (D) except as provided by Section 15B of this
8-1 Act, has not aided or abetted a person who is<,> not a licensed or
8-2 certified psychologist<,> in representing that person as a
8-3 psychologist in this state;
8-4 (E) except as provided by Section 15B of this
8-5 Act, has not represented himself or herself to be a psychologist
8-6 licensed in this state at a time he or she was not licensed to
8-7 practice psychology in this state, or practiced psychology in this
8-8 state without a license to practice psychology in this state.
8-9 SECTION 7. Section 12, Psychologists' Certification and
8-10 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
8-11 amended to read as follows:
8-12 Sec. 12. APPLICATIONS. Application under Section 14 of this
8-13 Act for examination for a provisional license <certifications> as a
8-14 psychologist or for certification without examination as a
8-15 psychologist under Section 22 of this Act shall be upon the forms
8-16 prescribed by the Board. The Board may require that the
8-17 application be verified. The required application and examination
8-18 fees must <certification fee and examination fee shall> accompany
8-19 the application.
8-20 SECTION 8. Section 14, Psychologists' Certification and
8-21 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
8-22 amended to read as follows:
8-23 Sec. 14. EXAMINATIONS. (a) The Board shall administer oral
8-24 and written examinations to qualified applicants for a provisional
8-25 license <certification> at least once a year. The Board shall
8-26 have the written portion of the examination, if any, validated by
8-27 an independent testing professional. The Board shall determine the
9-1 subject and scope of the examinations and establish appropriate
9-2 fees for examinations administered. Part of the examinations shall
9-3 test applicant knowledge of the discipline and profession of
9-4 psychology and part shall test applicant knowledge of the laws and
9-5 rules governing the profession of psychology in this state. This
9-6 latter part of the examination is to be known as the Board's
9-7 jurisprudence examination. An applicant who fails his examination
9-8 may be reexamined at intervals specified by the Board upon payment
9-9 of another examination fee corresponding to the examination failed.
9-10 (b) Within 30 days after the day on which an <a
9-11 certification> examination is administered under Subsection (a) of
9-12 this section <Act>, the Board shall notify each examinee of the
9-13 results of the examination. However, if an examination is graded
9-14 or reviewed by a national testing service, the Board shall notify
9-15 examinees of the results of the examination within two weeks after
9-16 the day that the Board receives the results from the testing
9-17 service. If the notice of the examination results will be delayed
9-18 for longer than 90 days after the examination date, the Board shall
9-19 notify the examinee of the reason for the delay before the 90th
9-20 day.
9-21 (c) The Board may waive the discipline and professional
9-22 segment of the examination requirement for Diplomats of the
9-23 American Board of Examiners in Professional Psychology and/or when
9-24 in the Board's judgment the applicant has already demonstrated
9-25 competence in areas covered by the examination. However, the
9-26 jurisprudence examination shall be administered to and passed by
9-27 all applicants before issuance of a provisional license under this
10-1 Act <certification>.
10-2 (d) If requested in writing by a person who fails an
10-3 examination administered under this Act, the Board shall furnish
10-4 the person with an analysis of the person's performance on the
10-5 examination.
10-6 SECTION 9. Section 15, Psychologists' Certification and
10-7 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
10-8 amended to read as follows:
10-9 Sec. 15. ISSUANCE OF PROVISIONAL LICENSE <CERTIFICATION>.
10-10 The Board shall issue a provisional license to a <A> qualified
10-11 applicant <for certification> who has successfully passed the
10-12 examinations prescribed by the Board and has paid the
10-13 <certification> fee for a provisional license <shall be certified
10-14 by the Board as a psychologist>.
10-15 SECTION 10. Section 15A, Psychologists' Certification and
10-16 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
10-17 amended to read as follows:
10-18 Sec. 15A. TEMPORARY LICENSE <ENDORSEMENT>. (a) The Board
10-19 may grant a temporary <provisional> license <or certificate> to an
10-20 individual who applies for permanent licensure, including an
10-21 individual applying for reciprocity under Section 15B of this Act,
10-22 <applicant> on submission to the Board of an application in the
10-23 form prescribed by the Board and payment of the required
10-24 application fees if:
10-25 (1) the individual is licensed, certified, or
10-26 registered as a psychologist or psychological associate by another
10-27 state, the District of Columbia, or a commonwealth or territory of
11-1 the United States and is in good standing with the regulatory
11-2 agency of that jurisdiction;
11-3 (2) the requirements for licensing, certification, or
11-4 registration in the other jurisdiction are substantially equal to
11-5 those prescribed by this Act; and
11-6 (3) the individual has passed a national or other
11-7 examination recognized by the Board as equivalent <relating> to the
11-8 examination required by the Board for a license under this Act
11-9 <psychology; and>
11-10 <(4) the individual is sponsored by a person licensed
11-11 or certified by the Board under this Act with whom the provisional
11-12 license or certificate holder may practice under this section>.
11-13 (b) <An applicant for a provisional license or certificate
11-14 may be excused from the requirement of Subsection (a)(4) of this
11-15 section if the Board determines that compliance with that
11-16 subsection constitutes a hardship to the applicant.>
11-17 <(c)> A temporary <provisional> license <or certificate> is
11-18 valid until the date the Board approves or denies the temporary
11-19 <provisional> license <or certificate> holder's application for a
11-20 permanent license or, if action is not taken by the Board, for 18
11-21 months from the date of issuance <or certificate>.
11-22 (c) If the Board denies the application for a permanent
11-23 license, the temporary license expires on the date of the denial.
11-24 <The Board shall issue a license or certificate under this Act to
11-25 the holder of a provisional license or certificate under this
11-26 section if:>
11-27 <(1) the provisional license or certificate holder
12-1 passes the examination required by Section 14 of this Act;>
12-2 <(2) the Board verifies that the provisional license
12-3 or certificate holder has the academic and experience requirements
12-4 for a license or certificate under this Act; and>
12-5 <(3) the provisional license or certificate holder
12-6 satisfies any other license or certification requirements under
12-7 this Act.>
12-8 (d) Except as otherwise provided by this section, each
12-9 temporary license expires 18 months after the date of issuance.
12-10 <The Board must complete the processing of a provisional license or
12-11 certificate holder's application for a license or certificate not
12-12 later than the 180th day after the date the provisional license or
12-13 certificate is issued.>
12-14 (e) The Board may adopt rules for the issuance of a
12-15 temporary license to <provisional certification or licensing of> an
12-16 individual who holds a valid license or the equivalent from another
12-17 country.
12-18 (f) A temporary license issued under this section does not
12-19 constitute a vested property right.
12-20 (g) The holder of a temporary license issued under this
12-21 section shall display a sign approved by the Board in each room in
12-22 which the holder renders psychological services that indicates the
12-23 temporary nature of the license.
12-24 SECTION 11. Section 16B(a), Psychologists' Certification and
12-25 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
12-26 amended to read as follows:
12-27 (a) Each of the following fees imposed by or under another
13-1 section of this Act is increased by $200:
13-2 (1) the examination fee for a provisional license
13-3 <psychologist certification examination>;
13-4 (2) the fee for <psychologist> certification or
13-5 provisional license renewal; and
13-6 (3) the fee for <psychologist licensure> renewal of a
13-7 full license.
13-8 SECTION 12. Section 17, Psychologists' Certification and
13-9 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
13-10 amended to read as follows:
13-11 Sec. 17. LICENSE; RENEWAL. (a) The Board shall issue a
13-12 license <certificate> to each person whom it licenses <certifies
13-13 and a license to those persons licensed>. The <certificate or>
13-14 license shall show the full name of the psychologist and shall bear
13-15 a serial number. The <certificate or> license shall be signed by
13-16 the chairperson and the executive director of the Board under the
13-17 seal of the Board.
13-18 (b) Unless otherwise provided by board rule, <certificates
13-19 and> licenses expire on December 31st in the year following their
13-20 issuance or renewal and are invalid thereafter unless renewed. The
13-21 Board by rule may adopt a system under which <certificates or>
13-22 licenses expire on various dates during the year. For the year in
13-23 which the expiration date is changed, <certification or> licensing
13-24 fees shall be prorated so that each <certificate or> license holder
13-25 must pay only that portion of the fee that is allocable to the
13-26 number of months during which the <certificate or> license is
13-27 valid. On renewal of the <certificate or> license on the new
14-1 expiration date, the full <certification or> licensing fee is
14-2 payable.
14-3 (c) A person may renew an unexpired <certificate or> license
14-4 by paying to the Board before the expiration date of the
14-5 <certificate or> license the required renewal fee. If a person's
14-6 <certificate or> license has been expired for 90 days or less, the
14-7 person may renew the <certificate or> license by paying to the
14-8 Board the required renewal fee and a fee that is one-half of the
14-9 examination fee for the <certificate or> license. If a person's
14-10 <certificate or> license has been expired for longer than 90 days
14-11 but less than one year, the person may renew the <certificate or>
14-12 license by paying to the Board all unpaid renewal fees and a fee
14-13 that is equal to the examination fee for the <certificate or>
14-14 license. If a person's <certificate or> license has been expired
14-15 for one year or longer, the person may not renew the <certificate
14-16 or> license. The person may obtain a new <certificate or> license
14-17 by submitting to reexamination and complying with the requirements
14-18 and procedures for obtaining an original <certificate or> license.
14-19 However, the Board may renew without reexamination an expired
14-20 license <or certificate> of a person who was licensed <or
14-21 certified> in this state, moved to another state, and is currently
14-22 licensed <or certified> and has been in practice in the other state
14-23 for the two years preceding application. The person must pay to
14-24 the Board a fee that is equal to the examination fee for the
14-25 license <or certificate>. At least 30 days before the expiration
14-26 of a person's license <or certificate>, the Board shall send
14-27 written notice of the impending license <or certificate> expiration
15-1 to the person at the license <or certificate> holder's last known
15-2 address according to the records of the Board.
15-3 (d) A psychologist who wishes to place the psychologist's
15-4 <his certificate or> license in <upon an> inactive status may do so
15-5 upon application by payment of a fee established by the Board; such
15-6 a psychologist shall not accrue any penalty for late payment of the
15-7 renewal fee.
15-8 (e) The Board may refuse to renew the provisional license
15-9 <certification> of any person who does <is> not meet the
15-10 qualifications for that license established <qualified to take the
15-11 examination for certification> under Section 11 of this Act.
15-12 (f) <Any person holding a license issued under Section 21 of
15-13 this Act shall be required to renew his license and not his
15-14 certificate.>
15-15 <(g)> The renewal procedures prescribed by this section
15-16 apply to the renewal of <doctoral level certificates,> licenses<,>
15-17 or specialty certifications.
15-18 (g) <(h)> The renewal of a sub-doctoral level license
15-19 <licenses> held by a psychological associate under <psychological
15-20 associates as established by> Section 19 of this Act is subject to
15-21 the renewal procedures prescribed by this section except that the
15-22 licenses expire May 31st in the appropriate year following their
15-23 issuance or renewal, unless otherwise provided by board rule. The
15-24 Board by rule may adopt a system under which licenses expire on
15-25 various dates during the year. For the year in which the
15-26 expiration date is changed, license fees shall be prorated so that
15-27 each license holder must pay only that portion of the fee that is
16-1 allocable to the number of months during which the license is
16-2 valid. On renewal of the license on the new expiration date, the
16-3 full license fee is payable.
16-4 SECTION 13. Section 18, Psychologists' Certification and
16-5 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
16-6 amended to read as follows:
16-7 Sec. 18. ROSTER OF CERTIFIED AND LICENSED PSYCHOLOGISTS.
16-8 The <During the month of April of each year, the> Board shall
16-9 publish annually a list of all psychologists certified or licensed
16-10 under this Act. The list shall contain the name and address of the
16-11 psychologist and such other information that the Board deems
16-12 desirable. The list shall be arranged both alphabetically and
16-13 geographically. The Board shall mail a copy of this list to each
16-14 person licensed under this Act, shall place a copy on file with the
16-15 Secretary of State and shall furnish copies to the public upon
16-16 request.
16-17 SECTION 14. Section 19A(k), Psychologists' Certification and
16-18 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
16-19 amended to read as follows:
16-20 (k) The advisory committee is subject to Chapters 551, 552,
16-21 and 2001, Government Code<:>
16-22 <(1) the open meetings law, Chapter 271, Acts of the
16-23 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
16-24 Texas Civil Statutes), and its subsequent amendments;>
16-25 <(2) the open records law, Chapter 424, Acts of the
16-26 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
16-27 Texas Civil Statutes), and its subsequent amendments; and>
17-1 <(3) the Administrative Procedure and Texas Register
17-2 Act (Article 6252-13a, Vernon's Texas Civil Statutes), and its
17-3 subsequent amendments>.
17-4 SECTION 15. Section 20, Psychologists' Certification and
17-5 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
17-6 amended to read as follows:
17-7 Sec. 20. LICENSE REQUIRED TO PRACTICE. A person may not
17-8 engage in the practice of psychology or represent the person as a
17-9 psychologist or psychological associate within the meaning of this
17-10 Act unless the person is licensed <or certified> under this Act or
17-11 is exempt under Section 22 of <from> this Act.
17-12 SECTION 16. Section 21, Psychologists' Certification and
17-13 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
17-14 amended to read as follows:
17-15 Sec. 21. FULL LICENSE <LICENSING>. (a) Any person who
17-16 practices psychology as defined herein for compensation, must apply
17-17 to the Board and upon satisfying the requirements of this Act,
17-18 including payment of a fee, shall be granted a full license by the
17-19 Board. A <No> person is not eligible for a full license under this
17-20 Act <may be licensed as a psychologist> unless:
17-21 (1) the person holds a provisional license issued <is
17-22 certified as a psychologist> under <the authority of> this Act; and
17-23 (2) the person has had at least two years of
17-24 supervised experience in the field of psychological services, one
17-25 year of which may be part of the doctoral program and at least one
17-26 year of which was after the person's doctoral degree was conferred.
17-27 (b) For the purposes of Subdivision (2) of Subsection (a) of
18-1 this section, experience is supervised only if it is supervised by
18-2 a <licensed> psychologist who holds a full license in the manner
18-3 provided by the Board's supervision guidelines.
18-4 SECTION 17. Section 22, Psychologists' Certification and
18-5 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
18-6 amended to read as follows:
18-7 Sec. 22. EXEMPTIONS; CERTIFICATION PROGRAM. (a) Nothing in
18-8 this Act shall be construed to apply to:
18-9 (1) <(a)> the activities, services and use of official
18-10 title on the part of a person employed as a psychologist or
18-11 psychological associate by <any: (1)> a governmental agency, a
18-12 <(2)> public school district, or a <(3)> regionally accredited
18-13 institution of higher education, if the person <provided such
18-14 employee> is performing those duties for which the person <he> is
18-15 employed by the <such> agency, district, or institution <and>
18-16 within the confines of that <such> agency, district, or institution
18-17 and the <insofar as such> activities and services are a part of the
18-18 duties of the person's <his> office or position as a psychologist
18-19 or psychological associate with the <such> agency, district, or
18-20 institution<; except that persons employed as psychologists or
18-21 psychological associates who offer or provide psychological
18-22 services to the public (other than lecture services) for a fee,
18-23 monetary or otherwise, over and above the salary that they receive
18-24 for the performance of their regular duties, and/or persons
18-25 employed as psychologists or psychological associates by
18-26 organizations that sell psychological services to the public (other
18-27 than lecture services) for a fee, monetary or otherwise must be
19-1 licensed under the provisions of this Act>;
19-2 (2) <(b)> the activities and services of a student,
19-3 intern, or resident in psychology who is engaged in<, pursuing> a
19-4 course of study in preparation for the profession of psychology
19-5 under qualified supervision in recognized training institutions or
19-6 facilities, if:
19-7 (A) the <these> activities and services
19-8 constitute a part of that person's <his> supervised course of
19-9 study; and
19-10 (B) the person<, provided that such an
19-11 individual> is designated by a title such as "psychological
19-12 intern," "psychological trainee," or another title that <others>
19-13 clearly indicates the <indicating such> training status;
19-14 (3) <(c)> the activities and services of members of
19-15 other licensed professions, including physicians, surgeons,
19-16 attorneys, registered nurses, licensed vocational nurses,
19-17 occupational therapists, certified social workers, licensed
19-18 professional counselors, career counselors, licensed marriage and
19-19 family therapists, and licensed chemical dependency counselors, if
19-20 the activities and services are permitted under the applicable
19-21 license and the members do not represent themselves to be
19-22 psychologists or describe their services by the use of the term
19-23 "psychological";
19-24 (4) <(d)> the activities and services of duly
19-25 recognized members of the clergy who are acting within the members'
19-26 ministerial capabilities, if the members do not represent
19-27 themselves to be psychologists or describe their services by the
20-1 use of the term "psychological"; or
20-2 (5) <(e)> the voluntary activities and services of
20-3 persons employed by or working on the behalf of charitable
20-4 nonprofit organizations, if the persons do not represent themselves
20-5 to be psychologists or describe their services by the use of the
20-6 term "psychological."
20-7 (b) The Board by rule shall adopt a certification program
20-8 for a person who is exempt under Subsection (a)(1) of this section
20-9 from the license requirements of this Act but who wishes to hold a
20-10 credential issued by the Board in engaging in an activity or
20-11 performing a service authorized under this section.
20-12 (c) The Board by rule may establish all requirements
20-13 relating to the certification program. In particular, the Board
20-14 may:
20-15 (1) assess a certification fee;
20-16 (2) issue original and renewal certificates;
20-17 (3) maintain an information file on each complaint
20-18 relating to a certificate holder in the manner specified by Section
20-19 8(f) of this Act;
20-20 (4) require continuing education as provided by
20-21 Section 8(j) of this Act;
20-22 (5) revoke, cancel, or suspend a certificate, assess a
20-23 civil penalty, and otherwise discipline a person certified under
20-24 this section in the manner provided for a license holder by Section
20-25 23 of this Act;
20-26 (6) temporarily suspend a certificate in the manner
20-27 provided for a license holder by Sections 23B(a), (b), and (c) of
21-1 this Act;
21-2 (7) enforce the competency requirement of any
21-3 certificate holder in the manner provided for a license holder by
21-4 Section 24A of this Act;
21-5 (8) proceed with complaints against certificate
21-6 holders in the manner provided for a license holder by Section 25A
21-7 of this Act; and
21-8 (9) monitor certificate holders in the manner provided
21-9 for a license holder by Section 25D of this Act.
21-10 (d) The holder of a certificate issued under Subsection (b)
21-11 of this section may exercise all of the rights and has all of the
21-12 responsibilities set forth under a section listed by Subsection (c)
21-13 of this section that applies to a license holder under this Act.
21-14 (e) The Board shall issue a certificate under Subsection (b)
21-15 of this section on request to a person who meets the conditions
21-16 described by Subsection (a)(1) of this section and pays the
21-17 required certification fee.
21-18 (f) Notwithstanding Subsection (a)(1) of this section, a
21-19 person employed as a psychologist or psychological associate who
21-20 offers or provides psychological services to the public, other than
21-21 lecture services, for compensation in addition to the salary
21-22 received by the person for the performance of regular duties, and a
21-23 person employed as a psychologist or psychological associate by an
21-24 organization that sells psychological services to the public, other
21-25 than lecture services, for compensation, must hold a license issued
21-26 under this Act.
21-27 SECTION 18. Section 23, Psychologists' Certification and
22-1 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
22-2 amended to read as follows:
22-3 Sec. 23. REVOCATION, CANCELLATION, OR SUSPENSION OF LICENSE
22-4 <OR CERTIFICATION>; CIVIL PENALTY. (a) The Board shall revoke or
22-5 suspend a license <or certificate>, place on probation a person
22-6 whose license <or certificate> has been suspended, or reprimand a
22-7 license <or certificate> holder if the license <or certificate>
22-8 holder:
22-9 (1) has been convicted of a felony or of a violation
22-10 of the law involving moral turpitude by any court; the conviction
22-11 of a felony shall be the conviction of any offense which if
22-12 committed within this state would constitute a felony under the
22-13 laws of this state;
22-14 (2) uses drugs or intoxicating liquors to an extent
22-15 that affects his professional competency;
22-16 (3) has been guilty of fraud or deceit in connection
22-17 with his services rendered as a psychologist;
22-18 (4) except as provided by Section 15B of this Act, has
22-19 aided or abetted a person, not a licensed psychologist, in
22-20 representing that person as a psychologist within this state;
22-21 (5) except as provided by Section 15B of this Act, has
22-22 represented himself or herself to be a psychologist licensed in
22-23 this state at a time he or she was not licensed to practice
22-24 psychology in this state, or practiced psychology in this state
22-25 without a license to practice psychology in this state;
22-26 (6) violates a rule adopted by the Board; or
22-27 (7) violates a provision of this Act; or
23-1 (8) has committed an act in violation of Section
23-2 21.14, Penal Code, or for which liability exists under Chapter 81,
23-3 Civil Practice and Remedies Code.
23-4 (b) If the Board proposes to refuse a person's application
23-5 for a license <or certification>, to suspend or revoke a person's
23-6 license <or certificate>, or to reprimand a person, the person is
23-7 entitled to a hearing before the State Office of Administrative
23-8 Hearings. The Board by rule shall adopt a broad schedule of
23-9 sanctions for violations under this Act. The State Office of
23-10 Administrative Hearings shall use the schedule for any sanction
23-11 imposed as the result of a hearing conducted by that office.
23-12 (c) Proceedings for the refusal, suspension, or revocation
23-13 of a license <or certificate> or for the reprimand of a person are
23-14 governed by Chapter 2001, Government Code <the Administrative
23-15 Procedure and Texas Register Act, as amended (Article 6252-13a,
23-16 Vernon's Texas Civil Statutes)>.
23-17 (d) An appeal of an action of the Board is governed by
23-18 Chapter 2001, Government Code <the Administrative Procedure and
23-19 Texas Register Act, as amended (Article 6252-13a, Vernon's Texas
23-20 Civil Statutes)>. Judicial review of an action of the Board shall
23-21 be conducted under the substantial evidence rule.
23-22 (e) A person who violates this Act or a rule or order
23-23 adopted by the Board under this Act is liable to the state for a
23-24 civil penalty of $1,000 for each day of violation. At the request
23-25 of the Board, the attorney general shall bring an action to recover
23-26 a civil penalty authorized under this subsection. A penalty
23-27 collected under this subsection shall be remitted to the
24-1 comptroller for deposit in the general revenue fund.
24-2 (f) In addition to the other disciplinary actions authorized
24-3 by this section, the Board may require that a license <or
24-4 certificate> holder who violates this Act participate in continuing
24-5 education programs. The Board shall specify the continuing
24-6 education programs that may be attended and the number of hours
24-7 that must be completed by an individual license <or certificate>
24-8 holder to fulfill the requirements of this subsection.
24-9 (g) If a license <or certificate> suspension is probated,
24-10 the Board may require the license <or certificate> holder to:
24-11 (1) report regularly to the Board on matters that are
24-12 the basis of the probation;
24-13 (2) limit practice to the areas prescribed by the
24-14 Board; or
24-15 (3) continue or review continuing professional
24-16 education until the license <or certificate> holder attains a
24-17 degree of skill satisfactory to the Board in those areas that are
24-18 the basis of the probation.
24-19 SECTION 19. Sections 23A(a), (d), (i), (j), (n), and (r),
24-20 Psychologists' Certification and Licensing Act (Article 4512c,
24-21 Vernon's Texas Civil Statutes), are amended to read as follows:
24-22 (a) The Board may impose an administrative penalty against a
24-23 person <licensed or> regulated under this Act who violates this Act
24-24 or a rule or order adopted under this Act.
24-25 (d) If the <An> executive director <who> determines that a
24-26 violation may have <has> occurred, the executive director shall
24-27 <may> issue to the Board a report that states the facts on which
25-1 the determination is based. The Board shall determine whether a
25-2 violation has occurred. If the Board determines that a violation
25-3 has occurred, the Board shall make a recommendation on the
25-4 imposition of a penalty, including a recommendation on the amount
25-5 of the penalty.
25-6 (i) The notice of the Board's order given to the person
25-7 under Chapter 2001, Government Code, <the Administrative Procedure
25-8 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
25-9 Statutes) and its subsequent amendments> must include a statement
25-10 of the right of the person to judicial review of the order.
25-11 (j) Within 30 days after the date the Board's order is final
25-12 as provided by Section 2001.144, Government Code <16(c),
25-13 Administrative Procedure and Texas Register Act (Article 6252-13a,
25-14 Vernon's Texas Civil Statutes), and its subsequent amendments>, the
25-15 person shall:
25-16 (1) pay the amount of the penalty;
25-17 (2) pay the amount of the penalty and file a petition
25-18 for judicial review contesting the occurrence of the violation, the
25-19 amount of the penalty, or both the occurrence of the violation and
25-20 the amount of the penalty; or
25-21 (3) without paying the amount of the penalty, file a
25-22 petition for judicial review contesting the occurrence of the
25-23 violation, the amount of the penalty, or both the occurrence of the
25-24 violation and the amount of the penalty.
25-25 (n) Judicial review of the order of the Board:
25-26 (1) is instituted by filing a petition as provided by
25-27 Subchapter G, Chapter 2001, Government Code <Section 19,
26-1 Administrative Procedure and Texas Register Act (Article 6252-13a,
26-2 Vernon's Texas Civil Statutes), and its subsequent amendments>; and
26-3 (2) is under the substantial evidence rule.
26-4 (r) All proceedings under this section are subject to
26-5 Chapter 2001, Government Code <the Administrative Procedure and
26-6 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
26-7 Statutes) and its subsequent amendments>.
26-8 SECTION 20. Sections 23B(a), (c), and (d), Psychologists'
26-9 Certification and Licensing Act (Article 4512c, Vernon's Texas
26-10 Civil Statutes), are amended to read as follows:
26-11 (a) An executive committee of the Board, consisting of the
26-12 presiding officer of the Board and two other Board members
26-13 appointed by the presiding officer, may temporarily suspend the
26-14 license <or certificate> of a license <or certificate> holder under
26-15 this Act if the executive committee determines from the evidence or
26-16 information presented to the committee that the continued practice
26-17 by the license <or certificate> holder constitutes a continuing or
26-18 imminent threat to the public welfare.
26-19 (c) A license <or certificate> temporarily suspended under
26-20 this section may be suspended without notice or hearing if, at the
26-21 time the suspension is ordered, a hearing on whether disciplinary
26-22 proceedings under this Act should be initiated against the license
26-23 <or certificate> holder is scheduled to be held not later than the
26-24 14th day after the date of the suspension. A second hearing on the
26-25 suspended license <or certificate> shall be held not later than the
26-26 60th day after the date the suspension was ordered. If the second
26-27 hearing is not held in the time required by this subsection, the
27-1 suspended license <or certificate> is automatically reinstated.
27-2 (d) The Board by rule shall adopt procedures for the
27-3 temporary suspension of a license <or certificate> under this
27-4 section.
27-5 SECTION 21. Section 24A, Psychologists' Certification and
27-6 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
27-7 amended to read as follows:
27-8 Sec. 24A. ENFORCEMENT OF COMPETENCY REQUIREMENTS. (a) If
27-9 the Board reasonably believes that a person who is applying to take
27-10 the provisional license <certification> examination, who is
27-11 applying for license renewal <of certification>, who is currently
27-12 licensed <or certified> by the Board, or who is otherwise providing
27-13 psychological services under any license or certification
27-14 sanctioned or approved by the Board, is not physically and mentally
27-15 competent to render psychological services with reasonable skill
27-16 and safety to the person's <his> patients, or is afflicted with a
27-17 disease or condition, either physical or mental, which would impair
27-18 the person's <his> competency to render psychological services, the
27-19 Board may request that the <that> person submit to a physical
27-20 examination by a doctor of medicine or doctor of osteopathic
27-21 medicine approved by the Board or submit to a mental examination by
27-22 a doctor of medicine, doctor of osteopathic medicine, or licensed
27-23 psychologist approved by the Board.
27-24 (b) If the applicant or person seeking license renewal <of
27-25 certification> refuses to submit to the examination, the Board
27-26 shall issue an order requiring that person to show cause for the
27-27 person's <his> refusal and shall schedule a hearing on the order
28-1 within thirty (30) days after notice is served on the person who
28-2 has refused to submit to the examination. Notice shall be given
28-3 either by personal service or by registered mail return receipt
28-4 requested. At the hearing the person may appear personally and by
28-5 counsel and present evidence in justification of the <his> refusal
28-6 to submit to the examination. After a complete hearing the Board
28-7 shall issue an order either requiring the person to submit to the
28-8 examination or withdrawing the request for the examination. Unless
28-9 the request is withdrawn the person who has refused to submit to
28-10 <take> the physical or mental examination may not take the
28-11 provisional license <certification> examination, and is not
28-12 entitled to license renewal <of his certification>. An appeal from
28-13 the order of the Board may be made under Section 23 of this Act.
28-14 SECTION 22. Section 25A, Psychologists' Certification and
28-15 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
28-16 amended by adding Subsections (e)-(i) to read as follows:
28-17 (e) Except as specifically provided by Subsection (f) of
28-18 this section, information regarding a complaint and investigation
28-19 conducted under this Act concerning an individual who is licensed
28-20 by the Board, and all information and materials compiled by the
28-21 Board in connection with a complaint and investigation, are not
28-22 subject to disclosure under Chapter 552, Government Code, and are
28-23 not subject to disclosure, discovery, subpoena, or other means of
28-24 legal compulsion for release to any person or entity.
28-25 (f) A complaint or investigation subject to Subsection (e)
28-26 of this section and all information and materials compiled by the
28-27 Board in connection with such a complaint or investigation may be
29-1 disclosed to:
29-2 (1) the Board and employees or agents of the Board who
29-3 are involved in disciplinary proceedings under this Act;
29-4 (2) a party to a disciplinary action against a license
29-5 holder or, if authorized under Subsection (j) of this section, that
29-6 party's designated representative;
29-7 (3) a law enforcement agency if otherwise required by
29-8 law;
29-9 (4) a governmental agency, if the disclosure is
29-10 required or permitted by law, if the agency obtaining disclosure
29-11 protects the identity of any patient whose records are examined; or
29-12 (5) subject to Subsection (g) of this section, a
29-13 legislative committee or its staff, if directed by either or both
29-14 houses of the legislature, the presiding officers of either or both
29-15 houses of the legislature, or the chairman of the legislative
29-16 committee to conduct an inquiry regarding state hospitals or
29-17 schools.
29-18 (g) Information, including records, that identifies a
29-19 patient or client may not be released for any purpose under
29-20 Subsection (f)(5) unless proper consent is given by the affected
29-21 patient. The only records that may be disclosed under Subsection
29-22 (f)(5) are records created by a state hospital or school or its
29-23 employees.
29-24 (h) Not later than the 30th day after the date on which the
29-25 Board receives a written request from a license holder who is
29-26 entitled to a hearing under this Act or from the holder's attorney
29-27 of record, the Board shall provide the license holder with access
30-1 to all information that the Board intends to offer into evidence at
30-2 the hearing, unless good cause for delay is shown to the person
30-3 acting as presiding officer in the hearing.
30-4 (i) In a disciplinary investigation or proceeding against a
30-5 license holder, the Board shall protect the identity of any patient
30-6 whose records are examined, except a patient who:
30-7 (1) initiates the disciplinary action; or
30-8 (2) has submitted a written consent to the release of
30-9 the patient's records.
30-10 (j) A patient record or other information that identifies a
30-11 patient or client may be released to a designated representative
30-12 under Subsection (f)(2) of this section only if proper consent has
30-13 been obtained from the patient or client.
30-14 SECTION 23. Section 25C(a), Psychologists' Certification and
30-15 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
30-16 amended to read as follows:
30-17 (a) The Board by rule shall adopt procedures governing:
30-18 (1) informal disposition of a contested case under
30-19 Section 2001.056, Government Code <13(e), Administrative Procedure
30-20 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
30-21 Statutes), and its subsequent amendments>; and
30-22 (2) informal proceedings held in compliance with
30-23 Section 2001.054, Government Code <18(c), Administrative Procedure
30-24 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
30-25 Statutes), and its subsequent amendments>.
30-26 SECTION 24. Section 25D, Psychologists' Certification and
30-27 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
31-1 amended to read as follows:
31-2 Sec. 25D. MONITORING OF LICENSE <OR CERTIFICATE> HOLDER. The
31-3 Board by rule shall develop a system for monitoring the <license or
31-4 certificate holders'> compliance of a license holder with the
31-5 requirements of this Act. Rules adopted under this section shall
31-6 include procedures for monitoring a license <or certificate> holder
31-7 who is ordered by the Board to perform certain acts to ascertain
31-8 that the license <or certificate> holder performs the required acts
31-9 and to identify and monitor license <or certificate> holders who
31-10 represent a risk to the public.
31-11 SECTION 25. Section 17A, Psychologists' Certification and
31-12 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
31-13 repealed.
31-14 SECTION 26. (a) This Act applies only to a license or
31-15 certificate issued or renewed by the Texas State Board of Examiners
31-16 of Psychologists on or after the effective date of this Act. A
31-17 license or certificate issued or renewed before that date is
31-18 governed by the law in effect on the date the license or
31-19 certificate was issued or renewed, and the former law is continued
31-20 in effect for that purpose.
31-21 (b) Section 25A, Psychologists' Certification and Licensing
31-22 Act (Article 4512c, Vernon's Texas Civil Statutes), as amended by
31-23 this Act, applies only to a disciplinary action of the Texas State
31-24 Board of Examiners of Psychologists that occurs on or after the
31-25 effective date of this Act. A disciplinary action that occurred
31-26 before that date is governed by the law in effect on the date the
31-27 disciplinary action occurred, and the former law is continued in
32-1 effect for that purpose.
32-2 SECTION 27. (a) The expiration date of a certificate issued
32-3 by the Texas State Board of Examiners of Psychologists under
32-4 Section 15, Psychologists' Certification and Licensing Act (Article
32-5 4512c, Vernon's Texas Civil Statutes), as that section existed
32-6 before amendment by this Act, is not affected by this Act, but the
32-7 certificate may not be renewed. The board shall issue a
32-8 provisional license under Section 15, Psychologists' Certification
32-9 and Licensing Act (Article 4512c, Vernon's Texas Civil Statutes),
32-10 as amended by this Act, to a person who meets the requirements for
32-11 renewal of the former certificate and who is not yet entitled to a
32-12 full license.
32-13 (b) Effective September 1, 1995, the board may issue and
32-14 renew certificates under the Psychologists' Certification and
32-15 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes) only
32-16 to a person who is eligible for a certificate under Section 22,
32-17 Psychologists' Certification and Licensing Act (Article 4512c,
32-18 Vernon's Texas Civil Statutes), as amended by this Act.
32-19 SECTION 28. This Act takes effect September 1, 1995.
32-20 SECTION 29. The importance of this legislation and the
32-21 crowded condition of the calendars in both houses create an
32-22 emergency and an imperative public necessity that the
32-23 constitutional rule requiring bills to be read on three several
32-24 days in each house be suspended, and this rule is hereby suspended.