LSL H.B. 1719 75(R)    BILL ANALYSIS


PUBLIC HEALTH
H.B. 1719
By: Coleman
3-19-97
Committee Report (Unamended)


BACKGROUND 

Certification is the first step of professional regulation for a person
seeking to become a licensed psychologist. A person who has earned a
doctoral degree (Ph.D.) in psychology must pass the initial state
examination given by the Texas State Board of Psychological Examiners
(TSBEP) in order to become certified.  A certified psychologist must
practice psychology for two years under the supervision of a licensed
psychologist in order to become eligible for licensure.  

Licensure is the second and final step in order to become a licensed
psychologist. A certified psychologist becomes a licensed psychologist
following the completion of two years of supervised practice and passage
of a second state examination. As a licensed psychologist, the person may
engage in the practice of psychology independently without supervision.  

PURPOSE

H.B. 1719 replaces the references to "certified" with the term
"provisionally licensed" in order to  more accurately reflect the true
status of the individual as well as bring continuity and clarity to the
licensing process.  H.B. 1719 also updates certain statutory references in
this Act. 
 
RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants additional
rulemaking authority to the Texas State Board of Psychological Examiners
in SECTION 3 (Sec. 8, Psychologists' Certification and Licensing Act
(Article 4512c, Vernon's Texas Civil Statutes).  It is the opinion of the
committee that the Texas State Board of Psychological Examiners'
rulemaking authority is referenced in SECTION 8 of the bill (amending Sec.
14(a), Psychologists' Certification and Licensing Act (Article 4512c,
Vernon's Texas Civil Statutes). 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sec. 1, Psychologists' Certification and Licensing Act
(Article 4512c, Vernon's Texas Civil Statutes), to change the title of the
Act from "Psychologists' Certification and Licensing Act" to
"Psychologists' Licensing Act." 

SECTION 2.  Amends Sec. 2, Psychologists' Certification and Licensing Act
(Article 4512c, Vernon's Texas Civil Statutes), to add the definitions of
"license," "licensed specialist in school psychology," "provisional
license," "psychologist," and "psychological associate." Makes other
nonsubstantive and conforming changes.    

SECTION 3.  Amends Sec. 8, Psychologists' Certification and Licensing Act
(Article 4512c, Vernon's Texas Civil Statutes), as follows: 

Subsection (j) deletes references to "certificate" as this section relates
to continuing education. 

Subsection (m) updates the statutory reference to the open meetings and
administrative procedures acts.  

Subsection (n) is added to require the TSBEP to adopt rules prescribing
the activities and  services of a holder of a provisional license or
certificate, and requires rules to apply to both provisional license and
certificate holders. 

Subsection (o) is added to require the TSBEP, by rule, to provide that
current holders of a certificate may be issued a provisional license upon
expiration of the certificate. 

SECTION 4.  Amends Section 8A(a), Psychologists' Certification and
Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), to update
the statutory reference to the Commission on Human Rights. 

SECTION 5.  Amends Section 8D(c), Psychologists' Certification and
Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), to update
the statutory references to open meetings, open records and administrative
procedures acts. 

SECTION 6.  Amends Sec. 11, Psychologists' Certification and Licensing Act
(Article 4512c, Vernon's Texas Civil Statutes), to replace certain
references to certification with provisional license in this section
regarding the qualifications of an applicant, and to make other
nonsubstantive conforming changes.  

SECTION 7.  Amends Sec. 12, Psychologists' Certification and Licensing Act
(Article 4512c, Vernon's Texas Civil Statutes), to replace references to
certification with provisional license in this section regarding
applications, and to make a conforming change. 

SECTION 8.  Amends Sections 14(a) and (c), Psychologists' Certification
and Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), to
delete references to certification relating to administration of state
examinations, and add specification that examinations are required by
board rule. 

SECTION 9.  Amends Sec. 15, Psychologists' Certification and Licensing Act
(Article 4512c, Vernon's Texas Civil Statutes), to replace references to
certification with provisional licensure as it relates to issuance of a
license following passage of the state examination.  Makes conforming
change.   
 
SECTION 10.  Amends Sec. 15A, Psychologists' Certification and Licensing
Act (Article 4512c, Vernon's Texas Civil Statutes), to delete references
to certification with regard to temporary licenses. 

SECTION 11.  Amends Sec. 16B(a), Psychologists' Certification and
Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), to replace
references to certification with provisional licensure as it relates to
TSBEP fees. 

SECTION 12.  Amends Sections 17(a) - (g), Psychologists' Certification and
Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), to delete
references to certification relating to license renewal and terms.  Makes
other conforming changes. 

SECTION 13. Amends Sec. 19A(k), Psychologists' Certification and Licensing
Act (Article 4512c, Vernon's Texas Civil Statutes), to update reference to
open meetings, open records and administrative procedures acts relating to
the Psychological Associates Advisory Committee. 

SECTION 14.  Amends Sec. 20, Psychologists' Certification and Licensing
Act (Article 4512c, Vernon's Texas Civil Statutes), to clarify that a
person may not practice psychology unless the person is licensed under
this Act or exempt. 

SECTION 15.  Amends Sec. 21(a), Psychologists' Certification and Licensing
Act (Article 4512c, Vernon's Texas Civil Statutes), to add that a
provisionally licensed person may be licensed as a psychologist with two
years of supervised experience. 

SECTION 16.  Amends Sec. 23, Psychologists' Certification and Licensing
Act (Article 4512c, Vernon's Texas Civil Statutes), to delete references
to certification relating to disciplinary action  and to make other
conforming changes. 

SECTION 17.  Amends Sections 23A(i), (j), (n), and (r), Psychologists'
Certification and Licensing Act (Article 4512c, Vernon's Texas Civil
Statutes), to update statutory references to the administrative procedures
act as it relates to administrative penalties of TSBEP. 

SECTION 18.  Amends Sections 23B(a), (c), and (d), Psychologists'
Certification and Licensing Act (Article 4512c, Vernon's Texas Civil
Statutes), to delete references to certification relating to suspensions
by TSBEP. 

SECTION 19.  Amends Sec. 24A, Psychologists' Certification and Licensing
Act (Article 4512c, Vernon's Texas Civil Statutes), to replace references
to certification with provisional licensure as it relates to enforcement
of competency requirements.  Makes other conforming changes. 

SECTION 20.  Amends Sections 25A(e) - (h), Psychologists' Certification
and Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), to
replace references to certification with provisional licensure as it
relates to complaints and investigations. 

SECTION 21.  Amends Sec. 25C(a), Psychologists' Certification and
Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), to update
statutory references to the administrative procedures act as it relates to
informal proceedings of TSBEP. 

SECTION 22.  Amends Sec. 25D, Psychologists' Certification and Licensing
Act (Article 4512c, Vernon's Texas Civil Statutes), to delete references
to certification relating to monitoring of license holders. 

SECTION 23.  Effective date: September 1, 1997.

SECTION 24.  Emergency clause.