By West H.B. No. 408 75R2262 JMM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of sociological practitioners; providing 1-3 a penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 ARTICLE 1. GENERAL PROVISIONS 1-6 SECTION 1.01. DEFINITIONS. In this Act: 1-7 (1) "Board" means the Texas Board of Examiners of 1-8 Sociologists. 1-9 (2) "Board of health" means the Texas Board of Health. 1-10 (3) "Certified sociological practitioner" means an 1-11 individual certified by the board as: 1-12 (A) a sociological practitioner; or 1-13 (B) a certified professional sociological 1-14 practitioner. 1-15 (4) "Department" means the Texas Department of Health. 1-16 ARTICLE 2. ADMINISTRATION 1-17 SECTION 2.01. BOARD. (a) The Texas Board of Examiners of 1-18 Sociologists consists of nine members appointed by the governor as 1-19 follows: 1-20 (1) three members who are engaged in the practice of 1-21 sociology; 1-22 (2) three members who are professional educators in 1-23 sociology; and 1-24 (3) three members who are representatives of the 2-1 general public. 2-2 (b) Appointments to the board shall be made without regard 2-3 to the race, color, disability, sex, religion, age, or national 2-4 origin of the appointees. 2-5 (c) The board is subject to Chapters 551 and 2001, 2-6 Government Code. 2-7 SECTION 2.02. SUNSET PROVISION. The board is subject to 2-8 Chapter 325, Government Code (Texas Sunset Act). Unless continued 2-9 in existence as provided by that chapter, the board is abolished 2-10 and this Act expires September 1, 2009. 2-11 SECTION 2.03. TERMS; VACANCY. (a) Members of the board 2-12 hold office for staggered terms of six years. Three members' terms 2-13 expire February 1 of each odd-numbered year. 2-14 (b) If a vacancy occurs during a term, the governor shall 2-15 appoint a replacement who meets the qualifications for the vacated 2-16 office to fill the unexpired part of the term. 2-17 SECTION 2.04. OFFICERS. The board shall elect a chair and 2-18 vice chair from the board's members. The chair and vice chair 2-19 shall serve as provided by board rule. 2-20 SECTION 2.05. COMPENSATION. A member of the board is not 2-21 entitled to compensation for serving on the board. A member is 2-22 entitled to reimbursement for travel expenses as provided by the 2-23 General Appropriations Act. 2-24 SECTION 2.06. MEETINGS. (a) The board shall meet at least 2-25 semiannually. 2-26 (b) The board may meet at other times at the call of the 2-27 chair or as provided by board rule. 3-1 SECTION 2.07. RESTRICTIONS ON APPOINTMENT, MEMBERSHIP, AND 3-2 EMPLOYMENT. (a) A member of the board or an employee of the 3-3 department who performs functions for the board may not: 3-4 (1) be an officer, employee, or paid consultant of a 3-5 trade association in the field of sociology or a related mental 3-6 health field; 3-7 (2) be related within the second degree by affinity or 3-8 within the third degree by consanguinity to a person who is an 3-9 officer, employee, or paid consultant of a trade association in the 3-10 field of sociology or a related mental health field; or 3-11 (3) communicate directly or indirectly with a party or 3-12 a representative of a party to a proceeding pending before the 3-13 board if the member or employee is assigned to make a decision, a 3-14 finding of fact, or a conclusion of law in the proceeding, unless 3-15 notice and an opportunity to participate are given to each party to 3-16 the proceeding. 3-17 (b) A public member of the board or the spouse of a public 3-18 member may not be or have been related to a person within the 3-19 second degree by affinity or the third degree by consanguinity who 3-20 has, other than as a consumer, a financial interest in the field of 3-21 sociology or a related mental health field. 3-22 (c) A person may not serve as a member of the board or act 3-23 as general counsel to the board if the person is required to 3-24 register as a lobbyist under Chapter 305, Government Code, because 3-25 of the person's activities for compensation on behalf of a 3-26 profession related to the operation of the board. 3-27 SECTION 2.08. REMOVAL OF BOARD MEMBER. (a) It is a ground 4-1 for removal from the board that a member: 4-2 (1) does not have at the time of appointment the 4-3 qualifications required for appointment to the board; 4-4 (2) does not maintain, during service on the board, 4-5 the qualifications required for appointment to the board; 4-6 (3) violates a prohibition established by Section 2.07 4-7 of this Act; 4-8 (4) cannot discharge the member's duties for a 4-9 substantial part of the term for which the member is appointed 4-10 because of illness or disability; or 4-11 (5) is absent from more than half of the regularly 4-12 scheduled board meetings that the member is eligible to attend 4-13 during a calendar year unless the absence is excused by majority 4-14 vote of the board. 4-15 (b) The validity of an action of the board is not affected 4-16 by the fact that it is taken when a ground for removal of a board 4-17 member exists. 4-18 (c) If the executive director of the board has knowledge 4-19 that a potential ground for removal exists, the executive director 4-20 shall notify the chair of the board of the ground. The chair shall 4-21 then notify the governor that a potential ground for removal 4-22 exists. 4-23 SECTION 2.09. PUBLIC INTEREST INFORMATION AND COMPLAINTS. 4-24 (a) The board shall prepare information of public interest 4-25 describing the functions of the board and the procedures by which 4-26 complaints are filed with and resolved by the board. The board 4-27 shall make the information available to the public and appropriate 5-1 state agencies. 5-2 (b) The board shall keep an information file about each 5-3 complaint filed with the board that the board has authority to 5-4 resolve. If a written complaint is filed with the board that the 5-5 board has authority to resolve, the board, at least quarterly and 5-6 until final disposition of the complaint, shall notify the parties 5-7 to the complaint of the status of the complaint. 5-8 (c) The board shall develop and implement policies that 5-9 provide the public with a reasonable opportunity to appear before 5-10 the board and to speak on any issue under the jurisdiction of the 5-11 board. 5-12 SECTION 2.10. FEES; FUND. (a) The board of health shall by 5-13 rule adopt fees for certification, certification renewal, 5-14 examination, and other administrative expenses under this Act. 5-15 (b) The board of health shall set fees in amounts that are 5-16 reasonable and necessary to cover the costs of administering this 5-17 Act. The board may prescribe different certification fee amounts 5-18 for a certified sociological practitioner holding only a 5-19 baccalaureate degree, a certified professional sociological 5-20 practitioner holding a master's degree, and a certified 5-21 professional sociological practitioner holding a doctoral degree. 5-22 (c) The sociologist certification account is created in the 5-23 general revenue fund and may be used only by the board of health 5-24 and the department in the administration of this Act. Fees 5-25 received by the department under this Act shall be deposited in the 5-26 general revenue fund to the credit of that account. 5-27 (d) The salaries and reimbursements paid by the department 6-1 shall be comparable to those prescribed in the General 6-2 Appropriations Act for persons holding comparable positions. The 6-3 general rules of the General Appropriations Act apply to the 6-4 expenditure of funds under this section. The board of health and 6-5 department may apply the funds covered by this section to replenish 6-6 other budget items to the extent that funds were directed from 6-7 those items to facilitate certification of sociologists before fees 6-8 were available to do so. 6-9 SECTION 2.11. GENERAL POWERS AND DUTIES OF BOARD. (a) The 6-10 board may adopt rules for the board's own procedures. 6-11 (b) The board shall propose rules relating to certification 6-12 requirements for sociologists for consideration by the board of 6-13 health. 6-14 (c) Based on rules adopted by the board of health, the board 6-15 shall determine the qualifications and fitness of applicants for 6-16 certification under this Act. 6-17 (d) The board shall adopt a code of professional ethics for 6-18 persons certified under this Act. 6-19 (e) On or before February 1 of each year, the board shall 6-20 present a written report to the governor and the presiding officer 6-21 of each house of the legislature that describes the activities of 6-22 the board and details the disposition of all funds received and 6-23 disbursed by the board during the preceding year. 6-24 SECTION 2.12. EXECUTIVE DIRECTOR; PERSONNEL. (a) The 6-25 commissioner of health shall appoint an executive director for the 6-26 board after consultation with the board members. The executive 6-27 director must be an employee of the department. 7-1 (b) The executive director shall administer the 7-2 certification activities conducted under this Act as directed by 7-3 the board or the commissioner of health. 7-4 (c) The basic personnel and necessary facilities required to 7-5 administer this Act shall be designated by the commissioner of 7-6 health and made available to the board for the efficient 7-7 administration of the board's duties. The department shall secure 7-8 by agreement services that are necessary and provide for 7-9 compensation for those services. The department may employ and 7-10 compensate, within available appropriations, professional 7-11 consultants, technical assistants, and employees on a full-time or 7-12 part-time basis as necessary to administer this Act. 7-13 ARTICLE 3. CERTIFICATION 7-14 SECTION 3.01. CERTIFICATION REQUIRED. A person may not use 7-15 the title "certified sociological practitioner" or "certified 7-16 professional sociological practitioner" or any other title that 7-17 implies that the person is certified in sociology unless the person 7-18 holds a certificate under this Act, is authorized by law to perform 7-19 sociology within the course and scope of another license issued 7-20 under the laws of this state, or is exempt under Section 3.03 of 7-21 this Act. 7-22 SECTION 3.02. SCOPE OF PRACTICE. (a) Services provided by 7-23 a certified sociological practitioner or certified professional 7-24 sociological practitioner include the application of sociological 7-25 knowledge, theories, perspectives, methods, and research models to 7-26 the analysis and design of interventions for effective social 7-27 change and to produce greater effectiveness for groups and 8-1 individuals at any level of social organization. 8-2 (b) A certified sociological practitioner may make social 8-3 assessments and formal evaluations of interactional patterns and 8-4 social situations to arrive at judgments that allow the 8-5 practitioner to offer techniques, schemes, and strategies for 8-6 intervention to facilitate change at any level of social 8-7 organization. A certified sociological practitioner may also 8-8 employ sociological knowledge, theories, perspectives, methods, and 8-9 research models to assist in individual and group problem-solving. 8-10 (c) A certified professional sociological practitioner is a 8-11 research and intervention specialist who produces information and 8-12 interventions useful in resolving problems at any level of social 8-13 organization. The practice includes the research model of 8-14 formulating and testing options and the research model of 8-15 assessment and evaluation. Using these techniques, a certified 8-16 professional sociological practitioner may assist with program 8-17 planning, policy implementation and formulation, social impact 8-18 analysis, needs assessments, and assessments of interactional 8-19 patterns and social situations that allow the practitioner to 8-20 arrive at judgments to facilitate change at any level of social 8-21 organization. 8-22 (d) Areas of practice addressed by certified sociological 8-23 practitioners and certified professional sociological practitioners 8-24 include interventions directed at empowering groups and individuals 8-25 to implement positive changes in the enactment of social roles and 8-26 status by the groups and individuals to achieve greater overall 8-27 effectiveness in the social environment. As part of this process, 9-1 these practitioners may educate, investigate, and inform groups and 9-2 individuals about social forces and social factors that affect 9-3 individuals' lives to promote more effective interaction in the 9-4 social environment. These social factors and forces include social 9-5 structure, social change, culture, values, beliefs, attitudes, and 9-6 behavior. 9-7 SECTION 3.03. EXEMPTIONS. The certification requirements of 9-8 this Act do not apply to: 9-9 (1) the activities of a student, intern, or trainee in 9-10 sociology in connection with a recognized course of study in 9-11 sociology at an accredited institution of higher education or other 9-12 training institution, if the activities constitute a part of the 9-13 course of study and the person is designated by a title including 9-14 "sociological intern"; 9-15 (2) services provided by a nonresident of this state 9-16 for more than 15 days during the calendar year, if the person is 9-17 authorized to provide the services under the law of the state or 9-18 country of the person's residence; 9-19 (3) the activities and services of a member of another 9-20 licensed profession, including a physician, an attorney, a 9-21 registered nurse, an occupational therapist, a psychologist, a 9-22 licensed social worker, a licensed professional counselor, or a 9-23 licensed marriage and family therapist; or 9-24 (4) the activities and services of a Christian Science 9-25 practitioner recognized by the Church of Christ, Scientist, or 9-26 another recognized religious practitioner, including a pastoral 9-27 counselor, if the practitioner practices sociology in a manner 10-1 consistent with the laws of this state. 10-2 SECTION 3.04. CERTIFICATION APPLICATION. (a) An applicant 10-3 for certification under this Act must file a written application 10-4 with the board on a form prescribed by the board, accompanied by 10-5 the application fee. 10-6 (b) A person is eligible for certification as a certified 10-7 sociological practitioner if the person: 10-8 (1) is at least 18 years of age; 10-9 (2) holds a baccalaureate in sociology conferred by a 10-10 regionally accredited institution of higher education or an 10-11 institution of higher education approved by the board; 10-12 (3) has at least 250 hours' experience delivering 10-13 services related to professional sociology supervised in a manner 10-14 acceptable to the board; 10-15 (4) is of good moral character; 10-16 (5) has not been convicted of a felony or a 10-17 misdemeanor involving moral turpitude; 10-18 (6) does not use drugs or alcohol to an extent that 10-19 affects the applicant's professional competency; 10-20 (7) has not had a license or certification revoked by 10-21 a licensing agency or a certifying organization; and 10-22 (8) has not engaged in fraud or deceit in making the 10-23 application. 10-24 (c) A person is eligible for certification as a certified 10-25 professional sociological practitioner if the person: 10-26 (1) is at least 18 years of age; 10-27 (2) holds a master's degree or doctoral degree in 11-1 sociology conferred by a regionally accredited institution of 11-2 higher education or an institution of higher education approved by 11-3 the board; 11-4 (3) has at least 2,000 hours, if the applicant holds a 11-5 master's degree, or 1,000 hours, if the applicant holds a doctoral 11-6 degree, of professional experience utilizing sociological concepts 11-7 and interventions in delivering services related to professional 11-8 sociology supervised by a certified professional sociological 11-9 practitioner; 11-10 (4) is of good moral character; 11-11 (5) has not been convicted of a felony or a 11-12 misdemeanor involving moral turpitude; 11-13 (6) does not use drugs or alcohol to an extent that 11-14 affects the applicant's professional competency; 11-15 (7) has not had a license or certification revoked by 11-16 a licensing agency or a certifying organization; and 11-17 (8) has not engaged in fraud or deceit in making the 11-18 application. 11-19 (d) A person who does not have the qualifications required 11-20 by Subsection (c)(2) or (3) of this section is eligible for 11-21 certification as a certified professional sociological practitioner 11-22 if the person has at least 24 hours of graduate-level classes in 11-23 sociology and holds a master's degree or doctoral degree in 11-24 criminology, criminal justice, social psychology, social work, 11-25 marriage and family therapy, psychology, or another graduate-level 11-26 human service degree program approved by the board. The 24 hours 11-27 of graduate level classes in sociology must include a three- to 12-1 six-hour internship consisting of not less than three hours of 12-2 course work each in sociological theory, methodology, and 12-3 statistics. If the person's internship was for six hours, the 12-4 person must have completed not less than nine hours in 12-5 graduate-level sociology elective courses. If the person's 12-6 internship was for three hours, the person must have completed not 12-7 less than 12 hours in graduate-level sociology elective courses. 12-8 SECTION 3.05. APPLICANT QUALIFICATIONS; APPLICATION REVIEW. 12-9 (a) An applicant for certification as either a certified 12-10 sociological practitioner or a certified professional sociological 12-11 practitioner must submit a sworn application accompanied by an 12-12 application fee. 12-13 (b) The board shall prescribe the form of the application 12-14 and by rule may establish dates by which applications and fees must 12-15 be received. These rules may not be inconsistent with the rules of 12-16 the department or board of health related to application dates for 12-17 other licensing programs. 12-18 (c) To qualify for the certifying examination, the applicant 12-19 must have successfully completed a sociology education program 12-20 approved by the board. 12-21 (d) In approving sociology education programs necessary to 12-22 qualify for the certification examination, the board may approve 12-23 only a program that has educational standards that are established 12-24 by the board. 12-25 (e) Not later than the 45th day after the date a properly 12-26 submitted application is received and not later than the 30th day 12-27 before the next examination date, the department shall notify an 13-1 applicant in writing that the applicant's application and other 13-2 relevant evidence pertaining to application qualifications 13-3 established by the board have been received and investigated. The 13-4 notice must state whether the application and other evidence 13-5 submitted qualify the applicant for the examination. If the 13-6 applicant is not qualified to take the examination, the notice must 13-7 state the reasons for the lack of qualification. 13-8 SECTION 3.06. EXAMINATION REQUIREMENTS. (a) After 13-9 September 1, 1998, each applicant for certification under this Act 13-10 must pass an examination prescribed and approved by the board. The 13-11 examination may consist of: 13-12 (1) a written examination; 13-13 (2) a field examination that is conducted through 13-14 questionnaires answered by the applicant's instructors, employers, 13-15 supervisors, or other persons who are competent, in the judgment of 13-16 the board, to assess the applicant's professional ability and that 13-17 may include written case studies and taped interviews; 13-18 (3) an oral examination; or 13-19 (4) any combination of those examinations. 13-20 (b) An applicant must apply to take the examination on a 13-21 form prescribed by the board. The examination application must be 13-22 accompanied by the examination fee adopted by the board of health. 13-23 (c) The board shall determine the times and places for 13-24 certification examinations and shall offer the examinations at 13-25 least semiannually. The board shall give reasonable public notice 13-26 of an examination in the manner provided by board rules. 13-27 (d) Unless the examination is graded or reviewed by a 14-1 national testing service, the board shall notify each examinee of 14-2 the results of the examination not later than the 30th day after 14-3 the examination date. If the examination is graded or reviewed by 14-4 a national testing service, the board shall notify each examinee of 14-5 the results from the national testing service. If the examination 14-6 results will be delayed for more than 90 days after the examination 14-7 date, the board shall notify each examinee of the reason for the 14-8 delay not later than the 90th day after the examination date. 14-9 (e) An applicant who fails an examination may retake the 14-10 examination on payment of an additional examination fee. On the 14-11 failure of the applicant to pass a second or subsequent 14-12 examination, the board may require the applicant to complete 14-13 additional courses of study designated by the board. The board may 14-14 require the applicant to present satisfactory evidence of 14-15 completion of a required course. 14-16 (f) If requested in writing by a person who fails an 14-17 examination administered under this Act, the board shall furnish 14-18 the person with an analysis of the person's performance on the 14-19 examination. 14-20 SECTION 3.07. NOTICE OF CURRENT ADDRESS. Each certificate 14-21 holder shall keep the board informed of the certificate holder's 14-22 current address. 14-23 SECTION 3.08. CERTIFICATE RENEWAL; CONTINUING EDUCATION. 14-24 (a) A certificate issued under this Act is subject to annual 14-25 renewal. The board shall adopt a system under which certificates 14-26 expire on various dates during the year. 14-27 (b) A certificate holder may renew an unexpired certificate 15-1 by paying the renewal fee before the expiration date of the 15-2 certificate. 15-3 (c) If a person's certificate has expired for 90 days or 15-4 less, the person may renew the certificate by paying to the board 15-5 the required renewal fee and a fee that is one-half of the 15-6 examination fee for certification. 15-7 (d) The certificate may be renewed annually if the person 15-8 holding the certificate is not in violation of this Act at the time 15-9 of application for renewal and if the applicant fulfills continuing 15-10 education requirements as established by the board. 15-11 (e) If a person's certificate has been expired for one year 15-12 or longer, the person may not renew the certificate. The person 15-13 may obtain a new certificate by complying with the requirements and 15-14 procedures for obtaining an original certificate. However, the 15-15 board may renew without reexamination an expired certificate of a 15-16 person who was certified in this state, moved to another state, and 15-17 is currently certified and has been in practice in the other state 15-18 for the two years preceding application. The person must pay to 15-19 the board a fee that is equal to the examination fee for the 15-20 certificate. 15-21 (f) The board may approve continuing education programs for 15-22 certificate holders and may require a certificate holder to 15-23 participate in an approved continuing education program in order to 15-24 renew a certificate issued under this Act. 15-25 SECTION 3.09. PROVISIONAL CERTIFICATION. (a) The board may 15-26 grant, on application and payment of any required fees, a 15-27 provisional certificate to a person who at the time of application 16-1 holds a valid certificate as a sociologist issued by another state 16-2 or a political territory or jurisdiction acceptable to the board. 16-3 An applicant for a provisional certificate under this section must: 16-4 (1) be certified in good standing as a sociologist in 16-5 another state, territory, or jurisdiction that has certification 16-6 requirements that are substantially equivalent to the requirements 16-7 of this Act; 16-8 (2) have passed a national or other examination 16-9 recognized by the board relating to sociology; and 16-10 (3) be sponsored by a person certified by the board 16-11 under this Act with whom the provisional certificate holder may 16-12 practice under this section. 16-13 (b) An applicant for a provisional certificate may be 16-14 excused from the requirement of Subsection (a)(3) of this section 16-15 if the board determines that compliance with that subsection 16-16 constitutes a hardship to the applicant. 16-17 (c) A provisional certificate is valid until the date the 16-18 board approves or denies the certificate holder's application for a 16-19 certificate. The board shall issue a certificate under this Act to 16-20 the holder of a provisional certificate under this section if: 16-21 (1) the provisional certificate holder passes the 16-22 examination required by Section 3.06 of this Act; 16-23 (2) the board verifies that the provisional 16-24 certificate holder has the academic and experience requirements for 16-25 a certificate under this Act; and 16-26 (3) the provisional certificate holder satisfies any 16-27 other certification requirements under this Act. 17-1 (d) The board shall complete the processing of a provisional 17-2 certificate holder's application for a certificate not later than 17-3 the 180th day after the date the provisional certificate is issued 17-4 or at the time certificates are issued following the successful 17-5 completion of the examination, whichever is later. 17-6 SECTION 3.10. DISPLAY OF CERTIFICATE; REGISTRY. (a) Each 17-7 person certified under this Act shall display the person's 17-8 certificate in a conspicuous manner in the principal office or 17-9 location in which the person practices. 17-10 (b) The board shall prepare a registry of all persons 17-11 certified under this Act on an annual basis. The board shall make 17-12 the registry available to the public, certificate holders, and 17-13 other state agencies. 17-14 SECTION 3.11. INACTIVE STATUS. (a) A person who holds a 17-15 certificate issued under this Act and who is not actively engaged 17-16 in the practice of sociology may apply to the board in writing to 17-17 be placed on the inactive status list maintained by the board. The 17-18 person must apply for inactive status before the expiration of the 17-19 person's certificate. A person on inactive status is not required 17-20 to pay an annual renewal fee. 17-21 (b) If a person on inactive status desires to renew active 17-22 status, the person shall notify the board in writing. The board 17-23 shall remove the person from the inactive status list on payment of 17-24 an administrative fee and on compliance with educational or other 17-25 requirements set by board rule. 18-1 ARTICLE 4. ENFORCEMENT PROVISIONS 18-2 SECTION 4.01. DENIAL, SUSPENSION, OR REVOCATION OF 18-3 CERTIFICATE. The board may deny, suspend, probate, or revoke a 18-4 certificate or otherwise discipline a certificate holder if the 18-5 applicant for certification or the certificate holder has: 18-6 (1) been convicted of a felony or a misdemeanor 18-7 involving moral turpitude; 18-8 (2) obtained or attempted to obtain a certificate by 18-9 fraud or deception; 18-10 (3) used drugs or alcohol to an extent that affects 18-11 professional competence; 18-12 (4) been grossly negligent in performing professional 18-13 duties; 18-14 (5) been adjudicated mentally incompetent by a court 18-15 of competent jurisdiction; 18-16 (6) practiced in a manner detrimental to the public 18-17 health or welfare; 18-18 (7) advertised in a manner that tends to deceive or 18-19 defraud the public; 18-20 (8) had a license or certificate revoked by a 18-21 licensing agency or a professional certifying organization; or 18-22 (9) otherwise violated this Act or a rule or the code 18-23 of ethics adopted under this Act. 18-24 SECTION 4.02. INJUNCTION. (a) The board or department may 18-25 bring an action to enjoin a violation of this Act. The action may 18-26 be brought in Travis County, in the county of the defendant's 18-27 residence, or in the county where any part of the violation 19-1 occurred. 19-2 (b) An action brought under this section is in addition to 19-3 any other action, proceeding, or remedy authorized by law. 19-4 (c) The board or department shall be represented in a 19-5 proceeding under this section by the attorney general or the 19-6 appropriate county or district attorney. 19-7 SECTION 4.03. PENALTY. A person, other than a person who is 19-8 exempt under Section 3.03 of this Act, commits an offense if the 19-9 person intentionally or knowingly violates Section 3.01 of this 19-10 Act. 19-11 ARTICLE 5. EFFECTIVE DATE; TRANSITION; EMERGENCY 19-12 SECTION 5.01. EFFECTIVE DATE. (a) Except as provided by 19-13 Subsection (b) of this section, this Act takes effect September 1, 19-14 1997. 19-15 (b) Sections 3.01 and 4.03 of this Act take effect September 19-16 1, 1999. 19-17 SECTION 5.02. TRANSITION. (a) The board and the board of 19-18 health shall adopt rules under this Act not later than January 1, 19-19 1998. 19-20 (b) A person actively engaged in the practice of sociology 19-21 consistent with applicable law on or before January 1, 1997, is 19-22 entitled to receive a certificate as a certified sociological 19-23 practitioner without an examination if the person applies on or 19-24 before September 1, 1999, and presents evidence satisfactory to the 19-25 board that the person meets one of the following requirements: 19-26 (1) the person, as of the effective date of this Act, 19-27 has been practicing as a sociologist since January 1, 1993; 20-1 (2) the person has at least one year's experience as a 20-2 practicing sociologist; 20-3 (3) the person has accumulated 250 hours of experience 20-4 in utilizing sociological concepts and interventions; or 20-5 (4) the person has successfully completed a sociology 20-6 education program approved by the board for the certified 20-7 sociological practitioner. 20-8 (c) A person actively engaged in the practice of sociology 20-9 consistent with applicable law on or before January 1, 1997, is 20-10 entitled to receive a certificate as a certified professional 20-11 sociological practitioner without an examination if the person 20-12 applies on or before September 1, 1999, and presents evidence 20-13 satisfactory to the board that the person meets one of the 20-14 following requirements: 20-15 (1) the person, as of the effective date of this Act, 20-16 has been practicing as a sociologist since January 1, 1993; 20-17 (2) the person has at least three years' experience as 20-18 a practicing sociologist; 20-19 (3) the person has accumulated 2,000 hours of 20-20 experience in utilizing sociological concepts and interventions; 20-21 or 20-22 (4) the person has successfully completed a sociology 20-23 education program approved by the board for the certified 20-24 professional sociological practitioner. 20-25 (d) A sociologist member of the board: 20-26 (1) is not required to be certified at the time of the 20-27 member's appointment to the board if the member was appointed to 21-1 the board before January 1, 1999; or 21-2 (2) is not required to be certified under this Act for 21-3 three years or more after the date of the member's appointment to 21-4 the board if the member was appointed to the board before September 21-5 1, 2001. 21-6 (e) In making the initial appointments to the board, the 21-7 governor shall appoint: 21-8 (1) one member engaged in the practice of sociology, 21-9 one public member, and one professional educator in sociology to 21-10 serve terms expiring February 1, 1999; 21-11 (2) one member engaged in the practice of sociology, 21-12 one public member, and one professional educator in sociology to 21-13 serve terms expiring February 1, 2001; and 21-14 (3) one member engaged in the practice of sociology, 21-15 one public member, and one professional educator in sociology to 21-16 serve terms expiring February 1, 2003. 21-17 (f) The requirement under Section 3.04(c) of this Act that 21-18 an applicant for certification have experience supervised by a 21-19 certified professional sociological practitioner takes effect 21-20 September 1, 1999. Before that date, the experience must be 21-21 supervised in a manner acceptable to the board. 21-22 SECTION 5.03. EMERGENCY. The importance of this legislation 21-23 and the crowded condition of the calendars in both houses create an 21-24 emergency and an imperative public necessity that the 21-25 constitutional rule requiring bills to be read on three several 21-26 days in each house be suspended, and this rule is hereby suspended.