By: Madla S.B. No. 1478
A BILL TO BE ENTITLED
AN ACT
1-1 relating to investigations, functions and duties of the State Board
1-2 of Examiners of Psychologists, examinations, the provision of
1-3 temporary licensure and certification and confidentiality; and
1-4 declaring an emergency.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 5(e)(3), Psychologists' Certification and
1-7 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
1-8 amended to read as follows:
1-9 (3) If the executive director has knowledge that a
1-10 potential ground for removal <exists> may exist, the executive
1-11 director shall notify the <governor and the attorney general> Board
1-12 that a potential ground for removal <exists> may exist. The Board
1-13 shall notify the governor and attorney general if a potential
1-14 ground for removal exists.
1-15 SECTION 2. Section 11(d) of the Psychologists' Certification
1-16 and Licensure Act (Article 4512c, Vernon's Texas Civil Statutes),
1-17 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. Section 14, Subsections (a) and (b),
2-22 Psychologists' Certification and Licensing Act (Article 4512c,
2-23 Vernon's Texas Civil Statutes), is 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. The 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 Section 14(a) of
3-15 this Act, the Board shall notify each examinee of the results of
3-16 the examination. However, if an examination is graded or reviewed
3-17 by a national testing service, the Board shall notify examinees of
3-18 the results of the examination within two weeks after the day that
3-19 the Board receives the results from the testing service. If the
3-20 notice of the examination results will be delayed for longer than
3-21 90 days after the examination date, the Board shall notify the
3-22 examinee of the reason for the delay before the 90th day.
3-23 SECTION 4. Section 15A, Psychologists' Certification and
3-24 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
3-25 amended to read as follows:
4-1 Sec. 15A(a) The Board may grant a <provisional> temporary
4-2 license or certificate to an applicant seeking permanent
4-3 certification or licensure, including individuals seeking
4-4 reciprocity under Section 15B, <on> upon submission to the Board of
4-5 an application in the form prescribed by the Board and payment of
4-6 the required application fees if:
4-7 (1) the individual is licensed, certified, or
4-8 registered as a psychologist or psychological associate by another
4-9 state, the District of Columbia, or a commonwealth or territory of
4-10 the United States and is in good standing with the regulatory
4-11 agency of that jurisdiction;
4-12 (2) the requirements for licensing, certification, or
4-13 registration in the other jurisdiction are substantially equal to
4-14 those prescribed by this Act;
4-15 (3) the individual has passed a national or other
4-16 examination recognized as equivalent by the Board <relating to
4-17 psychology> to the examination process required by the Board for
4-18 permanent licensure and certification under this Act; and
4-19 <(4) the individual is sponsored by a person licensed
4-20 or certified by the Board under this Act with whom the provisional
4-21 license or certificate holder may practice under this section.>
4-22 <(b) An applicant for a provisional license or certificate
4-23 may be excused from the requirement of Subsection (a)(4) of this
4-24 section if the Board determines that compliance with that
4-25 subsection constitutes a hardship to the applicant.>
5-1 <(c)> (b) A <provisional> temporary license or certificate
5-2 is valid until the date the Board approves or denies the
5-3 <provisional> temporary license or certificate holder's application
5-4 for a permanent license or certificate or for one year if no action
5-5 is taken by the Board. <The Board shall issue a license or
5-6 certificate under this Act to the holder of a provisional license
5-7 or certificate under this section if:>
5-8 <(1) the provisional license or certificate holder
5-9 passes the examination required by Section 14 of this Act;>
5-10 <(2) the Board verifies that the provisional license
5-11 or certificate holder has the academic and experience requirements
5-12 for a license or certificate under this Act; and>
5-13 <(3) the provisional license or certificate holder
5-14 satisfies any other license or certification requirements under
5-15 this Act>.
5-16 <(d) The Board must complete the processing of a provisional
5-17 license or certificate holder's application for a license or
5-18 certificate not later than the 180th day after the date the
5-19 provisional license or certificate is issued.>
5-20 (c) If the Board denies the temporary license or certificate
5-21 holder's application for permanent licensure or certification, the
5-22 temporary license or certificate shall automatically expire.
5-23 (d) All temporary licenses and certificates expire one year
5-24 after their issuance.
5-25 (e) The Board may adopt rules for the <provisional>
6-1 temporary certification or licensing of an individual who holds a
6-2 valid license or the equivalent from another country.
6-3 (f) Any temporary license or certificate issued under this
6-4 section does not constitute a vested property right.
6-5 (g) A holder of a temporary license or certificate issued
6-6 under this Act must display a sign approved by the Board in every
6-7 room where the holder renders psychological services indicating the
6-8 temporary nature of the license or certificate.
6-9 SECTION 5. Section 18, Psychologists' Certification and
6-10 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
6-11 amended to read as follows:
6-12 Sec. 18. <During the month of April of each year, the> The
6-13 Board shall, on an annual basis, publish a list of all
6-14 psychologists certified or licensed under this Act. The list shall
6-15 contain the name and address of the psychologist and such other
6-16 information that the Board deems desirable. The list shall be
6-17 arranged both alphabetically and geographically. The Board shall
6-18 mail a copy of this list to each person licensed under this Act,
6-19 shall place a copy on file with the Secretary of State and shall
6-20 furnish copies to the public upon request.
6-21 SECTION 6. Section 23A(d), Psychologists' Certification and
6-22 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
6-23 amended to read as follows:
6-24 (d) An executive director who determines that a violation
6-25 <has> may have occurred <may> shall issue to the Board a report
7-1 that states the facts on which the determination is based. The
7-2 Board shall determine whether a violation has occurred. If the
7-3 Board determines that a violation has occurred, the Board shall
7-4 make a recommendation on the imposition of a penalty, including a
7-5 recommendation on the amount of the penalty.
7-6 SECTION 7. Section 25A, Psychologists' Certification and
7-7 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
7-8 amended to read as follows:
7-9 (e) Except as specifically provided in Subsection (f) of
7-10 this section, a complaint and investigation under Section 8 of this
7-11 Act concerning an individual licensed and/or certified by the Board
7-12 and all information and materials compiled by the Board in
7-13 connection with a complaint and investigation are not subject to
7-14 disclosure under Chapter 268, Acts of the 73rd Legislature, Regular
7-15 Session 1993 (Title 10, Government Code, Chapter 522, Vernon's
7-16 Texas Civil Statutes), and are not subject to disclosure,
7-17 discovery, subpoena, or other means of legal compulsion for their
7-18 release to any person or entity.
7-19 (f) A complaint or investigation covered by Subsection (e)
7-20 of this section and all information and materials compiled by the
7-21 Board in connection with such a complaint or investigation may be
7-22 disclosed to:
7-23 (1) the Board and its employees or agents involved in
7-24 licensee and/or certificand discipline;
7-25 (2) a party to a disciplinary action against the
8-1 licensee and/or certificand or that party's designated
8-2 representative;
8-3 (3) law enforcement agencies if otherwise required by
8-4 law;
8-5 (4) governmental agencies, if the disclosure is
8-6 required or permitted by law, provided the agency obtaining
8-7 disclosure shall protect the identity of any patient whose records
8-8 are examined; or
8-9 (5) any legislative committee or its staff directed by
8-10 either or both Houses of the Legislature, the presiding officers of
8-11 either or both Houses of the Legislature or the chairman of the
8-12 Legislative committee to make an inquiry regarding state hospitals
8-13 or schools provided that no information or records that identify a
8-14 patient or client shall be released for any purpose unless proper
8-15 consent is given by the patient and provided that only records
8-16 created by the state hospital or school or its employees shall be
8-17 included under this subsection.
8-18 (g) Not later than 30 days after receiving a written request
8-19 from a licensee and/or certificand who is entitled to a hearing
8-20 under this Act or from the licensee's and/or certificand's attorney
8-21 of record, the Board shall provide the licensee and/or certificand
8-22 with access to all information that the Board intends to offer into
8-23 evidence at the hearing, unless good cause for delay is shown to
8-24 the person presiding as officer in the hearing.
8-25 (h) In any disciplinary investigation or proceeding against
9-1 a licensee and/or certificand, the Board shall protect the identity
9-2 of any patient whose records are examined, except:
9-3 1. any patient initiating the disciplinary action; or
9-4 2. those patients who have submitted a written consent
9-5 to the release of their records.
9-6 SECTION 8. This Act takes effect September 1, 1995.
9-7 SECTION 9. EMERGENCY CLAUSE. The importance of this
9-8 legislation and the crowded condition of the calendars in both
9-9 houses create an emergency and an imperative public necessity that
9-10 the constitutional rule requiring bills to be read on three several
9-11 days in each house be suspended, and this rule is hereby suspended.