1-1 AN ACT
1-2 relating to the licensing of professional counselors.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 3, Licensed Professional
1-5 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes), is
1-6 amended to read as follows:
1-7 (a) Except as provided by Subsection (b) of this section,
1-8 this Act does not apply to:
1-9 (1) the activities and services of or use of an
1-10 official title by a person employed as a counselor by a federal,
1-11 state, county, or municipal agency or public or private educational
1-12 institution, if the person is performing counseling or
1-13 counseling-related activities within the scope of his employment;
1-14 (2) the activities and services of a student, intern,
1-15 or trainee in counseling pursuing a course of study in counseling
1-16 in a regionally accredited institution of higher education or
1-17 training institution, if these activities and services constitute a
1-18 part of the supervised course of study and the person is designated
1-19 a "counselor intern";
1-20 (3) the activities and services of a nonresident
1-21 rendered not more than 30 days during any year, if the person is
1-22 authorized to perform the activities and services under the law of
1-23 the state or country of his residence;
1-24 (4) the activities and services of members of other
2-1 professions licensed or certified by the state, such as physicians,
2-2 registered nurses, psychologists, certified social workers,
2-3 licensed marriage and family therapists, licensed chemical
2-4 dependency counselors, licensed physician assistants, licensed
2-5 occupational therapists, licensed optometrists in the evaluation
2-6 and remediation of learning or behavioral disabilities associated
2-7 with or caused by a defective or abnormal condition of vision,
2-8 Christian Science practitioners who are recognized by the Church of
2-9 Christ Scientist as registered and published in the Christian
2-10 Science Journal, or other recognized religious practitioners
2-11 performing counseling consistent with the law of the state, their
2-12 training, and any code of ethics of their professions, if they do
2-13 not represent themselves by any title or description in the manner
2-14 prescribed by Section 2 of this Act;
2-15 (5) the activities, services, titles, and descriptions
2-16 of persons licensed to practice law;
2-17 (6) the activities, services, titles, and descriptions
2-18 of persons employed as professionals or who are volunteers in the
2-19 practice of counseling for public and private nonprofit
2-20 organizations or charities who are accountable to the persons'
2-21 sponsoring organization and do not use the title or hold themselves
2-22 out to be licensed counselors; [or]
2-23 (7) the activities, services, titles, and descriptions
2-24 of persons certified by the Commission on Rehabilitation Counselor
2-25 Certification or the Commission on Certification of Work Adjustment
2-26 and Vocational Evaluation Specialists performing counseling
2-27 consistent with the law of the state, their training, and any code
3-1 of ethics of their profession and who do not use the title or hold
3-2 themselves out to be licensed counselors; or
3-3 (8) persons owning, operating, or employed by a
3-4 certified career counseling service regulated under Chapter 222,
3-5 Acts of the 70th Legislature, Regular Session, 1987 (Article
3-6 5221a-8, Vernon's Texas Civil Statutes).
3-7 SECTION 2. Section 10, Licensed Professional Counselor Act
3-8 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
3-9 as follows:
3-10 Sec. 10. APPLICANT QUALIFICATIONS. (a) A person is a
3-11 qualified applicant if the person:
3-12 (1) is at least 18 years old;
3-13 (2) has submitted an application as required by the
3-14 board, accompanied by the application fee set by the board; the
3-15 board may require that the statements on the application be made
3-16 under oath;
3-17 (3) has a master's or doctorate degree in counseling
3-18 or a related field;
3-19 (4) has successfully completed a graduate degree at a
3-20 regionally accredited institution of higher education and a planned
3-21 graduate program of 48 graduate semester hours or the substantial
3-22 equivalent, including 300 clock hours of supervised practicum that
3-23 is primarily counseling in nature and that meets the specific
3-24 academic course content and training standards established by the
3-25 board. The board shall review and consider the standards as
3-26 developed by the appropriate professional association;
3-27 (5) has completed 36 [24] months or 3,000 [2,000]
4-1 hours of supervised experience working in a counseling setting that
4-2 meets the requirements established by the board after the
4-3 completion of the 48 graduate semester hour or equivalent graduate
4-4 program;
4-5 (6) has successfully completed the examination
4-6 required under this Act; and
4-7 (7) has met the requirements prescribed by the board.
4-8 (b) A person may complete not more than six of the 48
4-9 graduate semester hours required under Subsection (a)(4) of this
4-10 section during or after the time the person completes the 3,000
4-11 [2,000] hours of supervised work experience required under
4-12 Subsection (a)(5) of this section if, at the time the person began
4-13 the work experience, the person possessed a graduate degree and a
4-14 lesser number of hours was required by the law of this state or the
4-15 law in effect where the work experience was performed.
4-16 SECTION 3. (a) This Act takes effect September 1, 1997.
4-17 (b) The change in law made by Section 2 of the Act applies
4-18 only to a person who begins a program to obtain a graduate degree
4-19 in counseling or a related field or a substantially equivalent
4-20 planned graduate program of at least 48 graduate semester hours on
4-21 or after that date. A person who begins a program to obtain a
4-22 graduate degree in counseling or a related field or a substantially
4-23 equivalent planned graduate program of at least 48 graduate
4-24 semester hours before September 1, 1997, is governed by the law in
4-25 effect immediately before the effective date of this Act, and that
4-26 law is continued in effect for that purpose.
4-27 SECTION 4. The importance of this legislation and the
5-1 crowded condition of the calendars in both houses create an
5-2 emergency and an imperative public necessity that the
5-3 constitutional rule requiring bills to be read on three several
5-4 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 699 was passed by the House on April
11, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 699 on May 8, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 699 was passed by the Senate, with
amendments, on May 6, 1997, by the following vote: Yeas 31, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor