By Coleman H.B. No. 1719
75R5990 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of psychologists and the powers and
1-3 duties of the Texas State Board of Examiners of Psychologists.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1, Psychologists' Certification and
1-6 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
1-7 amended to read as follows:
1-8 Sec. 1. SHORT TITLE. This Act may be known and cited as the
1-9 "Psychologists' [Certification and] Licensing Act."
1-10 SECTION 2. Section 2, Psychologists' Certification and
1-11 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
1-12 amended to read as follows:
1-13 Sec. 2. DEFINITIONS. (a) In this Act, unless the context
1-14 otherwise requires:
1-15 (1) [(a)] "Board" means the Texas State Board of
1-16 Examiners of Psychologists [provided for by this Act].
1-17 (2) "License" means a credential issued by the Board
1-18 to a person who has satisfied the requirements under this Act to
1-19 engage in the practice of psychology.
1-20 (3) "Licensed specialist in school psychology" means a
1-21 person licensed under Section 26 of this Act.
1-22 (4) "Provisional license" means a credential issued by
1-23 the Board to a person who has satisfied the preliminary
1-24 requirements under this Act that permits the person to practice
2-1 psychology under the supervision of a licensed psychologist in
2-2 order to meet the requirements under this Act for licensure as a
2-3 psychologist.
2-4 (5) "Psychologist" means a person who holds a license
2-5 issued under this Act based on an earned doctoral degree conferred
2-6 by an institution of higher education and two years of supervised
2-7 practice.
2-8 (6) "Psychological associate" means a person who holds
2-9 a license issued under Section 19 of this Act.
2-10 (b) A person represents the person as an individual engaged
2-11 in the practice of psychology [himself to be a "psychologist"]
2-12 within the meaning of this Act when the person:
2-13 (1) [he] holds the person [himself] out to the public
2-14 by any title or description of services incorporating the words
2-15 "psychological," "psychologist," ["psychologists,"] or
2-16 "psychology"; ["psychology,"] or
2-17 (2) renders or offers to render psychological services
2-18 to individuals, groups, organizations, or the public.
2-19 (c) The term "psychological services," means acts or
2-20 behaviors coming within the purview of the practice of psychology.
2-21 The practice of psychology is an offering to the public or
2-22 rendering to individuals or groups any service, including
2-23 computerized procedures, that involves but is not restricted to the
2-24 application of established principles, methods, and procedures of
2-25 describing, explaining, and ameliorating behavior. The practice of
2-26 psychology addresses normal behavior and the evaluation,
2-27 prevention, and remediation of psychological, emotional, mental,
3-1 interpersonal, learning, and behavioral disorders of individuals
3-2 and groups, as well as the psychological concomitants of medical
3-3 problems, organizational structures, stress, and health. The
3-4 practice of psychology includes the use of projective techniques,
3-5 neuropsychological testing, counseling, career counseling,
3-6 psychotherapy, hypnosis for health care purposes, hypnotherapy, and
3-7 biofeedback and the evaluation and treatment by psychological
3-8 techniques and procedures of mental or emotional disorders and
3-9 disabilities. The practice of psychology is based on a systematic
3-10 body of knowledge and principles acquired in an organized program
3-11 of graduate study and on the standards of ethics established by the
3-12 profession.
3-13 SECTION 3. Section 8, Psychologists' Certification and
3-14 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
3-15 amended by amending Subsections (j) and (m) and adding Subsections
3-16 (n) and (o) to read as follows:
3-17 (j) The Board shall establish mandatory continuing education
3-18 programs for persons regulated by the Board under this Act. The
3-19 Board by rule shall establish a minimum number of hours of
3-20 continuing education required to renew a license [or certificate]
3-21 under this Act. The Board may assess the continuing education
3-22 needs of license [or certificate] holders and may require license
3-23 [or certificate] holders to attend continuing education courses
3-24 specified by the Board. The Board by rule shall develop a process
3-25 to evaluate and approve continuing education courses. The Board
3-26 shall identify the key factors for the competent performance by a
3-27 license [or certificate] holder of the license [or certificate]
4-1 holder's professional duties. The Board shall adopt a procedure to
4-2 assess a license [or certificate] holder's participation in
4-3 continuing education programs.
4-4 (m) The Board is subject to Chapters 551 and 2001,
4-5 Government Code [the open meetings law, Chapter 271, Acts of the
4-6 60th Legislature, Regular Session, 1967, as amended (Article
4-7 6252-17, Vernon's Texas Civil Statutes), and the Administrative
4-8 Procedure and Texas Register Act, as amended (Article 6252-13a,
4-9 Vernon's Texas Civil Statutes)].
4-10 (n) The Board shall adopt rules prescribing the activities
4-11 that may be engaged in and services that may be provided by a
4-12 holder of a provisional license or certificate. Rules adopted
4-13 under this subsection must apply to both provisional license
4-14 holders and certificate holders.
4-15 (o) The Board by rule shall provide that a certificate
4-16 holder may be issued a provisional license in lieu of renewal of
4-17 the certificate when the certificate expires.
4-18 SECTION 4. Section 8A(a), Psychologists' Certification and
4-19 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
4-20 amended to read as follows:
4-21 (a) The executive director or the executive director's
4-22 designee shall prepare and maintain a written policy statement to
4-23 ensure implementation of a program of equal employment opportunity
4-24 under which all personnel transactions are made without regard to
4-25 race, color, disability, sex, religion, age, or national origin.
4-26 The policy statement must include:
4-27 (1) personnel policies, including policies relating to
5-1 recruitment, evaluation, selection, application, training, and
5-2 promotion of personnel that are in compliance with Chapter 21,
5-3 Labor Code [the Commission on Human Rights Act (Article 5221k,
5-4 Vernon's Texas Civil Statutes) and its subsequent amendments];
5-5 (2) a comprehensive analysis of the Board work force
5-6 that meets federal and state guidelines;
5-7 (3) procedures by which a determination can be made of
5-8 significant underuse in the Board work force of all persons for
5-9 whom federal or state guidelines encourage a more equitable
5-10 balance; and
5-11 (4) reasonable methods to appropriately address those
5-12 areas of underuse.
5-13 SECTION 5. Section 8D(c), Psychologists' Certification and
5-14 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
5-15 amended to read as follows:
5-16 (c) A training program established under this section shall
5-17 provide information to a participant regarding:
5-18 (1) the enabling legislation that created the Board to
5-19 which the member is appointed;
5-20 (2) the programs operated by the Board;
5-21 (3) the role and functions of the Board;
5-22 (4) the rules of the Board with an emphasis on the
5-23 rules that relate to disciplinary and investigatory authority;
5-24 (5) the current budget for the Board;
5-25 (6) the results of the most recent formal audit of the
5-26 Board;
5-27 (7) the requirements of Chapters 551, 552, and 2001,
6-1 Government Code [the:]
6-2 [(A) open meetings law, Chapter 271, Acts of the
6-3 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
6-4 Texas Civil Statutes);]
6-5 [(B) open records law, Chapter 424, Acts of the
6-6 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
6-7 Texas Civil Statutes); and]
6-8 [(C) Administrative Procedure and Texas Register
6-9 Act (Article 6252-13a, Vernon's Texas Civil Statutes)];
6-10 (8) the requirements of the conflict of interest laws
6-11 and other laws relating to public officials; and
6-12 (9) any applicable ethics policies adopted by the
6-13 Board or the Texas Ethics Commission.
6-14 SECTION 6. Section 11, Psychologists' Certification and
6-15 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
6-16 amended to read as follows:
6-17 Sec. 11. PROVISIONAL LICENSE; QUALIFICATION OF APPLICANT FOR
6-18 EXAMINATION FOR PROVISIONAL LICENSE [CERTIFICATION]. (a) An
6-19 applicant is qualified to take the examination for provisional
6-20 licensure [certification] as a psychologist if the applicant meets
6-21 the requirements provided by this section.
6-22 (b) An applicant whose doctoral degree was received on or
6-23 after January 1, 1979, must have received a doctoral degree in
6-24 psychology from a regionally accredited educational institution.
6-25 (c) An applicant whose doctoral degree was received before
6-26 January 1, 1979, must have received either a doctoral degree in
6-27 psychology, or the substantial equivalent of a doctoral degree in
7-1 psychology in both subject matter and extent of training, from a
7-2 regionally accredited educational institution. In determining
7-3 whether a degree is substantially equivalent, the Board shall
7-4 consider whether the doctoral program met the prevailing standards
7-5 for training in the area of psychology, including standards for
7-6 training in counseling, clinical, school, and industrial, in effect
7-7 at the time the degree was conferred.
7-8 (d) In addition to the requirements of Subsection (b) or (c)
7-9 of this section, the applicant must meet the following
7-10 qualifications:
7-11 (1) the applicant has attained the age of majority;
7-12 (2) the applicant is of good moral character;
7-13 (3) in the judgment of the Board, the applicant is
7-14 physically and mentally competent to render psychological services
7-15 with reasonable skill and safety and is afflicted with no disease
7-16 or condition, either mental or physical, which would impair
7-17 competency to render psychological services; and
7-18 (4) the applicant:
7-19 (A) has not been convicted of a felony or a
7-20 crime involving moral turpitude;
7-21 (B) does not use drugs or intoxicating liquors
7-22 to an extent that affects the applicant's professional competency;
7-23 (C) has not been guilty of fraud or deceit in
7-24 making the application;
7-25 (D) except as provided by Section 15B of this
7-26 Act, has not aided or abetted a person, not [a] licensed under this
7-27 Act to practice psychology [or certified psychologist], in
8-1 representing that person as licensed under this Act to practice
8-2 psychology [a psychologist in this state];
8-3 (E) except as provided by Section 15B of this
8-4 Act, has not represented the applicant as being [himself or herself
8-5 to be a psychologist] licensed under this Act to practice
8-6 psychology [in this state] at a time that the applicant [he or she]
8-7 was not licensed under this Act to practice psychology [in this
8-8 state], or practiced psychology in this state without a license
8-9 issued under this Act or without being exempt under this Act [to
8-10 practice psychology in this state].
8-11 SECTION 7. Section 12, Psychologists' Certification and
8-12 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
8-13 amended to read as follows:
8-14 Sec. 12. APPLICATIONS. Application under Section 14 of this
8-15 Act for examination for a provisional license [certifications as a
8-16 psychologist or for certification without examination as a
8-17 psychologist] shall be upon the forms prescribed by the Board. The
8-18 Board may require that the application be verified. The required
8-19 fees must [certification fee and examination fee shall] accompany
8-20 the application.
8-21 SECTION 8. Sections 14(a) and (c), Psychologists'
8-22 Certification and Licensing Act (Article 4512c, Vernon's Texas
8-23 Civil Statutes), are amended to read as follows:
8-24 (a) The Board shall administer the oral and written
8-25 examinations required by Board rules to qualified applicants for
8-26 [certification and] licensure at least once a year. The Board
8-27 shall have the written portion of the examination, if any,
9-1 validated by an independent testing professional. The Board shall
9-2 determine the subject and scope of the examinations and establish
9-3 appropriate fees for examinations administered. Part of the
9-4 examinations shall test applicant knowledge of the discipline and
9-5 profession of psychology and part shall test applicant knowledge of
9-6 the laws and rules governing the profession of psychology in this
9-7 state. This latter part of the examination is to be known as the
9-8 Board's jurisprudence examination. An applicant who fails his
9-9 examination may be reexamined at intervals specified by the Board
9-10 upon payment of another examination fee corresponding to the
9-11 examination failed.
9-12 (c) The Board may waive the discipline and professional
9-13 segment of the examination requirement for Diplomats of the
9-14 American Board of Examiners in Professional Psychology and/or when
9-15 in the Board's judgment the applicant has already demonstrated
9-16 competence in areas covered by the examination. However, the
9-17 jurisprudence examination shall be administered to and passed by
9-18 all applicants before the board may issue a provisional license
9-19 [certification].
9-20 SECTION 9. Section 15, Psychologists' Certification and
9-21 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
9-22 amended to read as follows:
9-23 Sec. 15. ISSUANCE OF PROVISIONAL LICENSE [CERTIFICATION].
9-24 The Board shall issue a provisional license to a [A] qualified
9-25 applicant [for certification] who has successfully passed the
9-26 examinations prescribed by the Board and has paid the
9-27 [certification] fee for a provisional license [shall be certified
10-1 by the Board as a psychologist].
10-2 SECTION 10. Section 15A, Psychologists' Certification and
10-3 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
10-4 amended to read as follows:
10-5 Sec. 15A. ENDORSEMENT. (a) The Board may grant a temporary
10-6 license [or certificate] to an applicant seeking permanent
10-7 [certification or] licensure, including individuals seeking
10-8 reciprocity under Section 15B, upon submission to the Board of an
10-9 application in the form prescribed by the Board and payment of the
10-10 required application fees if:
10-11 (1) the individual is licensed, certified, or
10-12 registered as a psychologist or psychological associate by another
10-13 state, the District of Columbia, or a commonwealth or territory of
10-14 the United States and is in good standing with the regulatory
10-15 agency of that jurisdiction;
10-16 (2) the requirements for licensing, certification, or
10-17 registration in the other jurisdiction are substantially equal to
10-18 those prescribed by this Act; and
10-19 (3) the individual has passed a national or other
10-20 examination recognized as equivalent by the Board to the
10-21 examination process required by the Board for permanent licensure
10-22 [and certification] under this Act.
10-23 (b) A temporary license [or certificate] is valid until the
10-24 date the Board approves or denies the temporary license [or
10-25 certificate] holder's application for a permanent license [or
10-26 certificate] or for one year if no action is taken by the Board.
10-27 (c) If the Board denies the temporary license [or
11-1 certificate] holder's application for permanent licensure [or
11-2 certification], the temporary license [or certificate] shall
11-3 automatically expire.
11-4 (d) All temporary licenses [and certificates] expire one
11-5 year after their issuance.
11-6 (e) The Board may adopt rules for the temporary
11-7 [certification or] licensing of an individual who holds a valid
11-8 license or the equivalent from another country.
11-9 (f) Any temporary license [or certificate] issued under this
11-10 section does not constitute a vested property right.
11-11 (g) A holder of a temporary license [or certificate] issued
11-12 under this Act must display a sign approved by the Board in every
11-13 room where the holder renders psychological services indicating the
11-14 temporary nature of the license [or certificate].
11-15 SECTION 11. Section 16B(a), Psychologists' Certification and
11-16 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
11-17 amended to read as follows:
11-18 (a) Each of the following fees imposed by or under another
11-19 section of this Act is increased by $200:
11-20 (1) the fee for a provisional license [psychologist
11-21 certification] examination;
11-22 (2) the fee for [psychologist certification] renewal
11-23 of a provisional license; and
11-24 (3) the fee for [psychologist licensure] renewal of a
11-25 license.
11-26 SECTION 12. Sections 17(a)-(g), Psychologists' Certification
11-27 and Licensing Act (Article 4512c, Vernon's Texas Civil Statutes),
12-1 are amended to read as follows:
12-2 (a) The Board shall issue a license [certificate] to each
12-3 person whom it licenses [certifies and a license to those persons
12-4 licensed]. The [certificate or] license shall show the full name
12-5 of the person holding the license [psychologist] and shall bear a
12-6 serial number. The [certificate or] license shall be signed by the
12-7 chairperson and the executive director of the Board under the seal
12-8 of the Board.
12-9 (b) Unless otherwise provided by board rule, [certificates
12-10 and] licenses expire on December 31st in the year following their
12-11 issuance or renewal and are invalid thereafter unless renewed. The
12-12 Board by rule may adopt a system under which [certificates or]
12-13 licenses expire on various dates during the year. For the year in
12-14 which the expiration date is changed, [certification or] licensing
12-15 fees shall be prorated so that each [certificate or] license holder
12-16 must pay only that portion of the fee that is allocable to the
12-17 number of months during which the [certificate or] license is
12-18 valid. On renewal of the [certificate or] license on the new
12-19 expiration date, the full [certification or] licensing fee is
12-20 payable.
12-21 (c) A person may renew an unexpired [certificate or] license
12-22 by paying to the Board before the expiration date of the
12-23 [certificate or] license the required renewal fee. If a person's
12-24 [certificate or] license has been expired for 90 days or less, the
12-25 person may renew the [certificate or] license by paying to the
12-26 Board the required renewal fee and a fee that is one-half of the
12-27 examination fee for the [certificate or] license. If a person's
13-1 [certificate or] license has been expired for longer than 90 days
13-2 but less than one year, the person may renew the [certificate or]
13-3 license by paying to the Board all unpaid renewal fees and a fee
13-4 that is equal to the examination fee for the [certificate or]
13-5 license. If a person's [certificate or] license has been expired
13-6 for one year or longer, the person may not renew the [certificate
13-7 or] license. The person may obtain a new [certificate or] license
13-8 by submitting to reexamination and complying with the requirements
13-9 and procedures for obtaining an original [certificate or] license.
13-10 However, the Board may renew without reexamination an expired
13-11 license [or certificate] of a person who was licensed [or
13-12 certified] in this state, moved to another state, and is currently
13-13 licensed [or certified] and has been in practice in the other state
13-14 for the two years preceding application. The person must pay to
13-15 the Board a fee that is equal to the examination fee for the
13-16 license [or certificate]. At least 30 days before the expiration
13-17 of a person's license [or certificate], the Board shall send
13-18 written notice of the impending license [or certificate] expiration
13-19 to the person at the license [or certificate] holder's last known
13-20 address according to the records of the Board.
13-21 (d) A psychologist who wishes to place the psychologist's
13-22 [his certificate or] license on [upon an] inactive status may do so
13-23 upon application by payment of a fee established by the Board; such
13-24 a psychologist shall not accrue any penalty for late payment of the
13-25 renewal fee.
13-26 (e) The Board may refuse to renew the provisional license
13-27 [certification] of any person who does [is] not meet the
14-1 qualifications for a provisional license [qualified to take the
14-2 examination for certification] under Section 11 of this Act.
14-3 (f) Any person holding a license issued under Section 21 of
14-4 this Act shall be required to renew the person's [his] license [and
14-5 not his certificate].
14-6 (g) The renewal procedures prescribed by this section apply
14-7 to the renewal of [doctoral level certificates,] licenses and[, or]
14-8 specialty certifications.
14-9 SECTION 13. Section 19A(k), Psychologists' Certification and
14-10 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
14-11 amended to read as follows:
14-12 (k) The advisory committee is subject to Chapters 551, 552,
14-13 and 2001, Government Code[:]
14-14 [(1) the open meetings law, Chapter 271, Acts of the
14-15 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
14-16 Texas Civil Statutes), and its subsequent amendments;]
14-17 [(2) the open records law, Chapter 424, Acts of the
14-18 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
14-19 Texas Civil Statutes), and its subsequent amendments; and]
14-20 [(3) the Administrative Procedure and Texas Register
14-21 Act (Article 6252-13a, Vernon's Texas Civil Statutes), and its
14-22 subsequent amendments].
14-23 SECTION 14. Section 20, Psychologists' Certification and
14-24 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
14-25 amended to read as follows:
14-26 Sec. 20. LICENSE REQUIRED TO PRACTICE. A person may not
14-27 engage in the practice of psychology or represent the person as a
15-1 person engaged in the practice of psychology [psychologist or
15-2 psychological associate] within the meaning of this Act unless the
15-3 person is licensed [or certified] under this Act or is exempt under
15-4 Section 22 of [from] this Act.
15-5 SECTION 15. Section 21(a), Psychologists' Certification and
15-6 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
15-7 amended to read as follows:
15-8 (a) Any person who practices psychology as defined herein
15-9 for compensation[,] must apply to the Board and upon payment of a
15-10 fee shall be granted a license by the Board. No person may be
15-11 licensed as a psychologist unless:
15-12 (1) the person is certified or provisionally licensed
15-13 as a psychologist under [the authority of] this Act; and
15-14 (2) the person has had at least two years of
15-15 supervised experience in the field of psychological services, one
15-16 year of which may be part of the doctoral program and at least one
15-17 year of which was after the person's doctoral degree was conferred.
15-18 SECTION 16. Section 23, Psychologists' Certification and
15-19 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
15-20 amended to read as follows:
15-21 Sec. 23. REVOCATION, CANCELLATION, OR SUSPENSION OF LICENSE
15-22 [OR CERTIFICATION]; CIVIL PENALTY. (a) The Board shall revoke or
15-23 suspend a license [or certificate], place on probation a person
15-24 whose license [or certificate] has been suspended, or reprimand a
15-25 license [or certificate] holder if the license [or certificate]
15-26 holder:
15-27 (1) has been convicted of a felony or of a violation
16-1 of the law involving moral turpitude by any court; the conviction
16-2 of a felony shall be the conviction of any offense which if
16-3 committed within this state would constitute a felony under the
16-4 laws of this state;
16-5 (2) uses drugs or intoxicating liquors to an extent
16-6 that affects his professional competency;
16-7 (3) has been guilty of fraud or deceit in connection
16-8 with his services rendered as a psychologist;
16-9 (4) except as provided by Section 15B of this Act, has
16-10 aided or abetted a person, not [a] licensed under this Act to
16-11 practice psychology [psychologist], in representing that person as
16-12 licensed under this Act to practice psychology [a psychologist
16-13 within this state];
16-14 (5) except as provided by Section 15B of this Act, has
16-15 represented the person [himself or herself] to be [a psychologist]
16-16 licensed under this Act to practice psychology [in this state] at a
16-17 time the person [he or she] was not licensed to practice psychology
16-18 in this state, or practiced psychology in this state without a
16-19 license under this Act or without being exempt under this Act [to
16-20 practice psychology in this state];
16-21 (6) violates a rule adopted by the Board; [or]
16-22 (7) violates a provision of this Act; or
16-23 (8) has committed an act for which liability exists
16-24 under Chapter 81, Civil Practice and Remedies Code.
16-25 (b) If the Board proposes to refuse a person's application
16-26 for a license [or certification], to suspend or revoke a person's
16-27 license [or certificate], or to reprimand a person, the person is
17-1 entitled to a hearing before the State Office of Administrative
17-2 Hearings. The Board by rule shall adopt a broad schedule of
17-3 sanctions for violations under this Act. The State Office of
17-4 Administrative Hearings shall use the schedule for any sanction
17-5 imposed as the result of a hearing conducted by that office.
17-6 (c) Proceedings for the refusal, suspension, or revocation
17-7 of a license [or certificate] or for the reprimand of a person are
17-8 governed by Chapter 2001, Government Code [the Administrative
17-9 Procedure and Texas Register Act, as amended (Article 6252-13a,
17-10 Vernon's Texas Civil Statutes)].
17-11 (d) An appeal of an action of the Board is governed by
17-12 Chapter 2001, Government Code [the Administrative Procedure and
17-13 Texas Register Act, as amended (Article 6252-13a, Vernon's Texas
17-14 Civil Statutes)]. Judicial review of an action of the Board shall
17-15 be conducted under the substantial evidence rule.
17-16 (e) A person who violates this Act or a rule or order
17-17 adopted by the Board under this Act is liable to the state for a
17-18 civil penalty of $1,000 for each day of violation. At the request
17-19 of the Board, the attorney general shall bring an action to recover
17-20 a civil penalty authorized under this subsection. A penalty
17-21 collected under this subsection shall be remitted to the
17-22 comptroller for deposit in the general revenue fund.
17-23 (f) In addition to the other disciplinary actions authorized
17-24 by this section, the Board may require that a license [or
17-25 certificate] holder who violates this Act participate in continuing
17-26 education programs. The Board shall specify the continuing
17-27 education programs that may be attended and the number of hours
18-1 that must be completed by an individual license [or certificate]
18-2 holder to fulfill the requirements of this subsection.
18-3 (g) If a license [or certificate] suspension is probated,
18-4 the Board may require the license [or certificate] holder to:
18-5 (1) report regularly to the Board on matters that are
18-6 the basis of the probation;
18-7 (2) limit practice to the areas prescribed by the
18-8 Board; or
18-9 (3) continue or review continuing professional
18-10 education until the license [or certificate] holder attains a
18-11 degree of skill satisfactory to the Board in those areas that are
18-12 the basis of the probation.
18-13 SECTION 17. Sections 23A(i), (j), (n), and (r),
18-14 Psychologists' Certification and Licensing Act (Article 4512c,
18-15 Vernon's Texas Civil Statutes), are amended to read as follows:
18-16 (i) The notice of the Board's order given to the person
18-17 under Chapter 2001, Government Code, [the Administrative Procedure
18-18 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
18-19 Statutes) and its subsequent amendments] must include a statement
18-20 of the right of the person to judicial review of the order.
18-21 (j) Within 30 days after the date the Board's order is final
18-22 as provided by Section 2001.144, Government Code [16(c),
18-23 Administrative Procedure and Texas Register Act (Article 6252-13a,
18-24 Vernon's Texas Civil Statutes), and its subsequent amendments], the
18-25 person shall:
18-26 (1) pay the amount of the penalty;
18-27 (2) pay the amount of the penalty and file a petition
19-1 for judicial review contesting the occurrence of the violation, the
19-2 amount of the penalty, or both the occurrence of the violation and
19-3 the amount of the penalty; or
19-4 (3) without paying the amount of the penalty, file a
19-5 petition for judicial review contesting the occurrence of the
19-6 violation, the amount of the penalty, or both the occurrence of the
19-7 violation and the amount of the penalty.
19-8 (n) Judicial review of the order of the Board:
19-9 (1) is instituted by filing a petition as provided by
19-10 Chapter 2001, Government Code [Section 19, Administrative Procedure
19-11 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
19-12 Statutes), and its subsequent amendments]; and
19-13 (2) is under the substantial evidence rule.
19-14 (r) All proceedings under this section are subject to
19-15 Chapter 2001, Government Code [the Administrative Procedure and
19-16 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
19-17 Statutes) and its subsequent amendments].
19-18 SECTION 18. Sections 23B(a), (c), and (d), Psychologists'
19-19 Certification and Licensing Act (Article 4512c, Vernon's Texas
19-20 Civil Statutes), are amended to read as follows:
19-21 (a) An executive committee of the Board, consisting of the
19-22 presiding officer of the Board and two other Board members
19-23 appointed by the presiding officer, may temporarily suspend the
19-24 license [or certificate] of a license [or certificate] holder under
19-25 this Act if the executive committee determines from the evidence or
19-26 information presented to the committee that the continued practice
19-27 by the license [or certificate] holder constitutes a continuing or
20-1 imminent threat to the public welfare.
20-2 (c) A license [or certificate] temporarily suspended under
20-3 this section may be suspended without notice or hearing if, at the
20-4 time the suspension is ordered, a hearing on whether disciplinary
20-5 proceedings under this Act should be initiated against the license
20-6 [or certificate] holder is scheduled to be held not later than the
20-7 14th day after the date of the suspension. A second hearing on the
20-8 suspended license [or certificate] shall be held not later than the
20-9 60th day after the date the suspension was ordered. If the second
20-10 hearing is not held in the time required by this subsection, the
20-11 suspended license [or certificate] is automatically reinstated.
20-12 (d) The Board by rule shall adopt procedures for the
20-13 temporary suspension of a license [or certificate] under this
20-14 section.
20-15 SECTION 19. Section 24A, Psychologists' Certification and
20-16 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
20-17 amended to read as follows:
20-18 Sec. 24A. ENFORCEMENT OF COMPETENCY REQUIREMENTS. (a) If
20-19 the Board reasonably believes that a person who is applying to take
20-20 the provisional license [certification] examination, who is
20-21 applying for a license or license renewal [of certification], who
20-22 is currently licensed [or certified] by the Board, or who is
20-23 otherwise providing psychological services under any license or
20-24 certification sanctioned or approved by the Board, is not
20-25 physically and mentally competent to render psychological services
20-26 with reasonable skill and safety to the person's [his] patients, or
20-27 is afflicted with a disease or condition, either physical or
21-1 mental, which would impair the person's [his] competency to render
21-2 psychological services, the Board may request that the [that]
21-3 person submit to a physical examination by a doctor of medicine or
21-4 doctor of osteopathic medicine approved by the Board or submit to a
21-5 mental examination by a doctor of medicine, doctor of osteopathic
21-6 medicine, or licensed psychologist approved by the Board.
21-7 (b) If the applicant or person seeking provisional license
21-8 renewal [of certification] refuses to submit to the examination,
21-9 the Board shall issue an order requiring that person to show cause
21-10 for the person's [his] refusal and shall schedule a hearing on the
21-11 order within thirty (30) days after notice is served on the person
21-12 who has refused to submit to the examination. Notice shall be
21-13 given either by personal service or by registered mail return
21-14 receipt requested. At the hearing the person may appear personally
21-15 and by counsel and present evidence in justification of the [his]
21-16 refusal to submit to the examination. After a complete hearing the
21-17 Board shall issue an order either requiring the person to submit to
21-18 the examination or withdrawing the request for the examination.
21-19 Unless the request is withdrawn the person who has refused to
21-20 submit to [take] the physical or mental examination may not take
21-21 the provisional license [certification] examination, and is not
21-22 entitled to license renewal [of his certification]. An appeal from
21-23 the order of the Board may be made under Section 23 of this Act.
21-24 SECTION 20. Sections 25A(e)-(h), Psychologists'
21-25 Certification and Licensing Act (Article 4512c, Vernon's Texas
21-26 Civil Statutes), are amended to read as follows:
21-27 (e) Except as specifically provided in Subsection (f) of
22-1 this section, a complaint and investigation under Section 8 of this
22-2 Act concerning an individual licensed [or certified] by the Board
22-3 and all information and materials compiled by the Board in
22-4 connection with a complaint and investigation are not subject to
22-5 disclosure under the open records law, Chapter 552, Government
22-6 Code, and are not subject to disclosure, discovery, subpoena, or
22-7 other means of legal compulsion for their release to any person or
22-8 entity.
22-9 (f) A complaint or investigation covered by Subsection (e)
22-10 of this section and all information and materials compiled by the
22-11 Board in connection with such a complaint or investigation may be
22-12 disclosed to:
22-13 (1) the Board and its employees or agents involved in
22-14 licensee [and/or certificand] discipline;
22-15 (2) a party to a disciplinary action against the
22-16 licensee [and/or certificand] or that party's designated
22-17 representative;
22-18 (3) law enforcement agencies if otherwise required by
22-19 law;
22-20 (4) governmental agencies, if the disclosure is
22-21 required or permitted by law, provided that the agency obtaining
22-22 disclosure shall protect the identity of any patient whose records
22-23 are examined; or
22-24 (5) any legislative committee or its staff directed by
22-25 either or both houses of the legislature, the presiding officers of
22-26 either or both houses of the legislature, or the chairman of the
22-27 legislative committee to make an inquiry regarding state hospitals
23-1 or schools, provided that no information or records that identify a
23-2 patient or client shall be released for any purpose unless proper
23-3 consent is given by the patient and provided that only records
23-4 created by the state hospital or school or its employees shall be
23-5 included under this subsection.
23-6 (g) Not later than 30 days after receiving a written request
23-7 from a licensee [or certificand] who is entitled to a hearing under
23-8 this Act or from the licensee's [or certificand's] attorney of
23-9 record, the Board shall provide the licensee [or certificand] with
23-10 access to all information that the Board intends to offer into
23-11 evidence at the hearing, unless good cause for delay is shown to
23-12 the person presiding as officer in the hearing.
23-13 (h) In any disciplinary investigation or proceeding against
23-14 a licensee [or certificand], the Board shall protect the identity
23-15 of any patient whose records are examined, except:
23-16 (1) any patient initiating the disciplinary action; or
23-17 (2) those patients who have submitted a written
23-18 consent to the release of their records.
23-19 SECTION 21. Section 25C(a), Psychologists' Certification and
23-20 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
23-21 amended to read as follows:
23-22 (a) The Board by rule shall adopt procedures governing:
23-23 (1) informal disposition of a contested case under
23-24 Section 2001.056, Government Code [13(e), Administrative Procedure
23-25 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
23-26 Statutes), and its subsequent amendments]; and
23-27 (2) informal proceedings held in compliance with
24-1 Section 2001.054, Government Code [18(c), Administrative Procedure
24-2 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
24-3 Statutes), and its subsequent amendments].
24-4 SECTION 22. Section 25D, Psychologists' Certification and
24-5 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
24-6 amended to read as follows:
24-7 Sec. 25D. MONITORING OF LICENSE [OR CERTIFICATE] HOLDER. The
24-8 Board by rule shall develop a system for monitoring the [license or
24-9 certificate holders'] compliance of a license holder with the
24-10 requirements of this Act. Rules adopted under this section shall
24-11 include procedures for monitoring a license [or certificate] holder
24-12 who is ordered by the Board to perform certain acts to ascertain
24-13 that the license [or certificate] holder performs the required acts
24-14 and to identify and monitor license [or certificate] holders who
24-15 represent a risk to the public.
24-16 SECTION 23. This Act takes effect September 1, 1997.
24-17 SECTION 24. The importance of this legislation and the
24-18 crowded condition of the calendars in both houses create an
24-19 emergency and an imperative public necessity that the
24-20 constitutional rule requiring bills to be read on three several
24-21 days in each house be suspended, and this rule is hereby suspended.