1-1 By: Madla S.B. No. 1478
1-2 (In the Senate - Filed March 13, 1995; March 21, 1995, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 27, 1995, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; April 27, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to investigations, functions, and duties of the State
1-9 Board of Examiners of Psychologists and to examinations, the
1-10 provision of temporary licensure and certification, and
1-11 confidentiality.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subdivision (3), Subsection (e), Section 5,
1-14 Psychologists' Certification and Licensing Act (Article 4512c,
1-15 Vernon's Texas Civil Statutes), is amended to read as follows:
1-16 (3) If the executive director has knowledge that a
1-17 potential ground for removal may exist <exists>, the executive
1-18 director shall notify the Board <governor and the attorney general>
1-19 that a potential ground for removal may exist <exists>. The Board
1-20 shall notify the governor and attorney general if a potential
1-21 ground for removal exists.
1-22 SECTION 2. Subsection (d), Section 11, Psychologists'
1-23 Certification and Licensing Act (Article 4512c, Vernon's Texas
1-24 Civil Statutes), is amended to read as follows:
1-25 (d) In addition to the requirements of Subsection (b) or (c)
1-26 of this section, the applicant must meet the following
1-27 qualifications:
1-28 (1) the applicant has attained the age of majority;
1-29 (2) the applicant is of good moral character;
1-30 (3) in the judgment of the Board, the applicant is
1-31 physically and mentally competent to render psychological services
1-32 with reasonable skill and safety and is afflicted with no disease
1-33 or condition, either mental or physical, which would impair
1-34 competency to render psychological services; and
1-35 (4) the applicant:
1-36 (A) has not been convicted of a felony or a
1-37 crime involving moral turpitude;
1-38 (B) does not use drugs or intoxicating liquors
1-39 to an extent that affects the applicant's professional competency;
1-40 (C) has not been guilty of fraud or deceit in
1-41 making the application;
1-42 (D) except as provided by Section 15B of this
1-43 Act, has not aided or abetted a person, not a licensed or certified
1-44 psychologist, in representing that person as a psychologist in this
1-45 state;
1-46 (E) except as provided by Section 15B of this
1-47 Act, has not represented himself or herself to be a psychologist
1-48 licensed in this state at a time he or she was not licensed to
1-49 practice psychology in this state, or practiced psychology in this
1-50 state without a license to practice psychology in this state.
1-51 SECTION 3. Subsections (a) and (b), Section 14,
1-52 Psychologists' Certification and Licensing Act (Article 4512c,
1-53 Vernon's Texas Civil Statutes), are amended to read as follows:
1-54 (a) The Board shall administer oral and written examinations
1-55 to qualified applicants for certification and licensure at least
1-56 once a year. The Board shall have the written portion of the
1-57 examination, if any, validated by an independent testing
1-58 professional. The Board shall determine the subject and scope of
1-59 the examinations and establish appropriate fees for examinations
1-60 administered. Part of the examinations shall test applicant
1-61 knowledge of the discipline and profession of psychology and part
1-62 shall test applicant knowledge of the laws and rules governing the
1-63 profession of psychology in this state. This latter part of the
1-64 examination is to be known as the Board's jurisprudence
1-65 examination. An applicant who fails his examination may be
1-66 reexamined at intervals specified by the Board upon payment of
1-67 another examination fee corresponding to the examination failed.
1-68 (b) Within 30 days after the day on which an <a
2-1 certification> examination is administered under Subsection (a) of
2-2 this section <Act>, the Board shall notify each examinee of the
2-3 results of the examination. However, if an examination is graded
2-4 or reviewed by a national testing service, the Board shall notify
2-5 examinees of the results of the examination within two weeks after
2-6 the day that the Board receives the results from the testing
2-7 service. If the notice of the examination results will be delayed
2-8 for longer than 90 days after the examination date, the Board shall
2-9 notify the examinee of the reason for the delay before the 90th
2-10 day.
2-11 SECTION 4. Section 15A, Psychologists' Certification and
2-12 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
2-13 amended to read as follows:
2-14 Sec. 15A. ENDORSEMENT. (a) The Board may grant a temporary
2-15 <provisional> license or certificate to an applicant seeking
2-16 permanent certification or licensure, including individuals seeking
2-17 reciprocity under Section 15B, upon <on> submission to the Board of
2-18 an application in the form prescribed by the Board and payment of
2-19 the required application fees if:
2-20 (1) the individual is licensed, certified, or
2-21 registered as a psychologist or psychological associate by another
2-22 state, the District of Columbia, or a commonwealth or territory of
2-23 the United States and is in good standing with the regulatory
2-24 agency of that jurisdiction;
2-25 (2) the requirements for licensing, certification, or
2-26 registration in the other jurisdiction are substantially equal to
2-27 those prescribed by this Act; and
2-28 (3) the individual has passed a national or other
2-29 examination recognized as equivalent by the Board to the
2-30 examination process required by the Board for permanent licensure
2-31 and certification under this Act <relating to psychology; and>
2-32 <(4) the individual is sponsored by a person licensed
2-33 or certified by the Board under this Act with whom the provisional
2-34 license or certificate holder may practice under this section>.
2-35 (b) <An applicant for a provisional license or certificate
2-36 may be excused from the requirement of Subsection (a)(4) of this
2-37 section if the Board determines that compliance with that
2-38 subsection constitutes a hardship to the applicant.>
2-39 <(c)> A temporary <provisional> license or certificate is
2-40 valid until the date the Board approves or denies the temporary
2-41 <provisional> license or certificate holder's application for a
2-42 permanent license or certificate or for one year if no action is
2-43 taken by the Board.
2-44 (c) If the Board denies the temporary license or certificate
2-45 holder's application for permanent licensure or certification, the
2-46 temporary license or certificate shall automatically expire.
2-47 (d) All temporary licenses and certificates expire one year
2-48 after their issuance. <The Board shall issue a license or
2-49 certificate under this Act to the holder of a provisional license
2-50 or certificate under this section if:>
2-51 <(1) the provisional license or certificate holder
2-52 passes the examination required by Section 14 of this Act;>
2-53 <(2) the Board verifies that the provisional license
2-54 or certificate holder has the academic and experience requirements
2-55 for a license or certificate under this Act; and>
2-56 <(3) the provisional license or certificate holder
2-57 satisfies any other license or certification requirements under
2-58 this Act.>
2-59 <(d) The Board must complete the processing of a provisional
2-60 license or certificate holder's application for a license or
2-61 certificate not later than the 180th day after the date the
2-62 provisional license or certificate is issued.>
2-63 (e) The Board may adopt rules for the temporary
2-64 <provisional> certification or licensing of an individual who holds
2-65 a valid license or the equivalent from another country.
2-66 (f) Any temporary license or certificate issued under this
2-67 section does not constitute a vested property right.
2-68 (g) A holder of a temporary license or certificate issued
2-69 under this Act must display a sign approved by the Board in every
2-70 room where the holder renders psychological services indicating the
3-1 temporary nature of the license or certificate.
3-2 SECTION 5. Section 18, Psychologists' Certification and
3-3 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
3-4 amended to read as follows:
3-5 Sec. 18. ROSTER OF CERTIFIED AND LICENSED PSYCHOLOGISTS.
3-6 The <During the month of April of each year, the> Board shall, on
3-7 an annual basis, publish a list of all psychologists certified or
3-8 licensed under this Act. The list shall contain the name and
3-9 address of the psychologist and such other information that the
3-10 Board deems desirable. The list shall be arranged both
3-11 alphabetically and geographically. The Board shall mail a copy of
3-12 this list to each person licensed under this Act, shall place a
3-13 copy on file with the Secretary of State and shall furnish copies
3-14 to the public upon request.
3-15 SECTION 6. Subsection (d), Section 23A, Psychologists'
3-16 Certification and Licensing Act (Article 4512c, Vernon's Texas
3-17 Civil Statutes), is amended to read as follows:
3-18 (d) An executive director who determines that a violation
3-19 may have <has> occurred shall <may> issue to the Board a report
3-20 that states the facts on which the determination is based. The
3-21 Board shall determine whether a violation has occurred. If the
3-22 Board determines that a violation has occurred, the Board shall
3-23 make a recommendation on the imposition of a penalty, including a
3-24 recommendation on the amount of the penalty.
3-25 SECTION 7. Section 25A, Psychologists' Certification and
3-26 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
3-27 amended by adding Subsections (e), (f), (g), and (h), to read as
3-28 follows:
3-29 (e) Except as specifically provided in Subsection (f) of
3-30 this section, a complaint and investigation under Section 8 of this
3-31 Act concerning an individual licensed or certified by the Board and
3-32 all information and materials compiled by the Board in connection
3-33 with a complaint and investigation are not subject to disclosure
3-34 under the open records law, Chapter 552, Government Code, and are
3-35 not subject to disclosure, discovery, subpoena, or other means of
3-36 legal compulsion for their release to any person or entity.
3-37 (f) A complaint or investigation covered by Subsection (e)
3-38 of this section and all information and materials compiled by the
3-39 Board in connection with such a complaint or investigation may be
3-40 disclosed to:
3-41 (1) the Board and its employees or agents involved in
3-42 licensee and/or certificand discipline;
3-43 (2) a party to a disciplinary action against the
3-44 licensee and/or certificand or that party's designated
3-45 representative;
3-46 (3) law enforcement agencies if otherwise required by
3-47 law;
3-48 (4) governmental agencies, if the disclosure is
3-49 required or permitted by law, provided that the agency obtaining
3-50 disclosure shall protect the identity of any patient whose records
3-51 are examined; or
3-52 (5) any legislative committee or its staff directed by
3-53 either or both houses of the legislature, the presiding officers of
3-54 either or both houses of the legislature, or the chairman of the
3-55 legislative committee to make an inquiry regarding state hospitals
3-56 or schools, provided that no information or records that identify a
3-57 patient or client shall be released for any purpose unless proper
3-58 consent is given by the patient and provided that only records
3-59 created by the state hospital or school or its employees shall be
3-60 included under this subsection.
3-61 (g) Not later than 30 days after receiving a written request
3-62 from a licensee or certificand who is entitled to a hearing under
3-63 this Act or from the licensee's or certificand's attorney of
3-64 record, the Board shall provide the licensee or certificand with
3-65 access to all information that the Board intends to offer into
3-66 evidence at the hearing, unless good cause for delay is shown to
3-67 the person presiding as officer in the hearing.
3-68 (h) In any disciplinary investigation or proceeding against
3-69 a licensee or certificand, the Board shall protect the identity of
3-70 any patient whose records are examined, except:
4-1 (1) any patient initiating the disciplinary action; or
4-2 (2) those patients who have submitted a written
4-3 consent to the release of their records.
4-4 SECTION 8. This Act takes effect September 1, 1995.
4-5 SECTION 9. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended.
4-10 * * * * *