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.