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.