RLV H.B. 3410 75(R)BILL ANALYSIS


PUBLIC HEALTH
H.B. 3410
By: Hirschi
5-2-97
Committee Report (Unamended)


BACKGROUND 

Licensed Psychological Associates (LPAs) or master level psychologists
offer affordable, professional services to patients across Texas.  Their
services are utilized by many state and private agencies including public
schools, hospitals, and various mental health delivery systems. 

Last legislative session, a bill that would have allowed LPAs to practice
their profession independently was amended to require these mental health
professionals to provide services with minimal supervision by a licensed
psychologist (a person holding a doctorate degree in psychology) or a
psychiatrist.  Medicaid and Medicare do not reimburse for the services of
any practitioner who is not licensed to practice independently.   

The Texas Department of Mental Health and Mental Retardation (MHMR)
community centers have traditionally provided services under the Medicaid
Rehabilitative Services for Persons with Mental Illness, and the LPAs are
eligible for reimbursement for these services. As the MHMR community
centers begin to participate in the Medicaid managed care pilots, they are
increasingly providing services within the Acute Care Service array, under
which the LPAs are not eligible for reimbursement. 

Any Medicaid reimbursement for psychological services is optional.  The
state currently reimburses licensed professional counselors, licensed
psychologists, and licensed masters of social work for acute care
services.  Therefore, the LPAs are beginning to lose positions to these
other mental health professionals who are eligible for acute care service
reimbursements.   

To preserve their profession, the LPAs are pursuing this legislation to
authorize independent practice authority.  Allowing independent practice
authority will qualify these providers as eligible for Medicaid
reimbursement.  However, the LPAs would still have to pursue a change to
the state Medicaid plan to become authorized by the state as providers. 

PURPOSE

HB 3410 will make licensed psychological associates eligible for
independent practitioner status. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill grants additional rulemaking
authority to the Texas State Board of Examiners of Psychologists (board)
in SECTION 6(b). 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 11(b) and (c), Psychologists' Certification
and Licensing Act (Article 4512c, Vernon's Texas Civil Statutes) by adding
master's degree in psychology to all requirements established in these
subsections. 

SECTION 2.  Amends Section 19, Psychologists' Certification and Licensing
Act (Article 4512c, Vernon's Texas Civil Statutes) by establishing that a
licensed psychological associate who is in good standing with the Board
may practice independently, notwithstanding any other provisions of this
Act. 

 SECTION 3.  Amends Section 19A(1), Psychologists' Certification and
Licensing Act (Article 4512c, Vernon's Texas Civil Statutes) as follows: 

Subdivision(1)(2) changes the supervision requirements for psychological
associates from less than five years of practice to less than two years. 

Subdivision(1)(7) makes conforming changes.

SECTION 4.  Amends Section 21(a)(2), Psychologists' Certification and
Licensing Act (Article 4512c, Vernon's Texas Civil Statutes) by adding
master's program and master's degree as criteria for any person licensed
as a psychologist and who receives compensation for services. 

SECTION 5.  Establishes that the effective date of this Act is September
1, 1997. 

SECTION 6.  Subsection (a) establishes that a person may be licensed as a
psychological associate without an examination if the person applies by
September 1, 1998 and fulfills the requirements as defined in this
subsection. 

Subsection (b) allows the board to create rules to waive the educational
and experience requirements of Subsection (a) of this section and allow a
person to receive a license  as a psychological associate without an
examination if the person is (1) a school psychologist certified by a
national organization recognized by the board, or (2) a licensed
specialist in school psychology under Section 26, Psychologists'
Certification and Licensing Act (Article 4512c, Vernon's Texas Civil
Statutes). 

Subsection (c)  allows a person licensed under this section to practice
psychology independently without complying with any other requirements of
the Psychologists' Certification and Licensing Act (Article 4512c,
Vernon's Texas Civil Statutes). 

SECTION 7.  Emergency Clause.