1-1 By: Coleman (Senate Sponsor - Galloway) H.B. No. 1719
1-2 (In the Senate - Received from the House April 14, 1997;
1-3 April 16, 1997, read first time and referred to Committee on Health
1-4 and Human Services; May 7, 1997, reported favorably by the
1-5 following vote: Yeas 11, Nays 0; May 7, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of psychologists and the powers and
1-9 duties of the Texas State Board of Examiners of Psychologists.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 1, Psychologists' Certification and
1-12 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
1-13 amended to read as follows:
1-14 Sec. 1. SHORT TITLE. This Act may be known and cited as the
1-15 "Psychologists' [Certification and] Licensing Act."
1-16 SECTION 2. Section 2, Psychologists' Certification and
1-17 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
1-18 amended to read as follows:
1-19 Sec. 2. DEFINITIONS. (a) In this Act, unless the context
1-20 otherwise requires:
1-21 (1) [(a)] "Board" means the Texas State Board of
1-22 Examiners of Psychologists [provided for by this Act].
1-23 (2) "License" means a credential issued by the Board
1-24 to a person who has satisfied the requirements under this Act to
1-25 engage in the practice of psychology.
1-26 (3) "Licensed specialist in school psychology" means a
1-27 person licensed under Section 26 of this Act.
1-28 (4) "Provisional license" means a credential issued by
1-29 the Board to a person who has satisfied the preliminary
1-30 requirements under this Act that permits the person to practice
1-31 psychology under the supervision of a licensed psychologist in
1-32 order to meet the requirements under this Act for licensure as a
1-33 psychologist.
1-34 (5) "Psychologist" means a person who holds a license
1-35 issued under this Act based on an earned doctoral degree conferred
1-36 by an institution of higher education and two years of supervised
1-37 practice.
1-38 (6) "Psychological associate" means a person who holds
1-39 a license issued under Section 19 of this Act.
1-40 (b) A person represents the person as an individual engaged
1-41 in the practice of psychology [himself to be a "psychologist"]
1-42 within the meaning of this Act when the person:
1-43 (1) [he] holds the person [himself] out to the public
1-44 by any title or description of services incorporating the words
1-45 "psychological," "psychologist," ["psychologists,"] or
1-46 "psychology"; ["psychology,"] or
1-47 (2) renders or offers to render psychological services
1-48 to individuals, groups, organizations, or the public.
1-49 (c) The term "psychological services," means acts or
1-50 behaviors coming within the purview of the practice of psychology.
1-51 The practice of psychology is an offering to the public or
1-52 rendering to individuals or groups any service, including
1-53 computerized procedures, that involves but is not restricted to the
1-54 application of established principles, methods, and procedures of
1-55 describing, explaining, and ameliorating behavior. The practice of
1-56 psychology addresses normal behavior and the evaluation,
1-57 prevention, and remediation of psychological, emotional, mental,
1-58 interpersonal, learning, and behavioral disorders of individuals
1-59 and groups, as well as the psychological concomitants of medical
1-60 problems, organizational structures, stress, and health. The
1-61 practice of psychology includes the use of projective techniques,
1-62 neuropsychological testing, counseling, career counseling,
1-63 psychotherapy, hypnosis for health care purposes, hypnotherapy, and
1-64 biofeedback and the evaluation and treatment by psychological
2-1 techniques and procedures of mental or emotional disorders and
2-2 disabilities. The practice of psychology is based on a systematic
2-3 body of knowledge and principles acquired in an organized program
2-4 of graduate study and on the standards of ethics established by the
2-5 profession.
2-6 SECTION 3. Section 8, Psychologists' Certification and
2-7 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
2-8 amended by amending Subsections (j) and (m) and adding Subsections
2-9 (n) and (o) to read as follows:
2-10 (j) The Board shall establish mandatory continuing education
2-11 programs for persons regulated by the Board under this Act. The
2-12 Board by rule shall establish a minimum number of hours of
2-13 continuing education required to renew a license [or certificate]
2-14 under this Act. The Board may assess the continuing education
2-15 needs of license [or certificate] holders and may require license
2-16 [or certificate] holders to attend continuing education courses
2-17 specified by the Board. The Board by rule shall develop a process
2-18 to evaluate and approve continuing education courses. The Board
2-19 shall identify the key factors for the competent performance by a
2-20 license [or certificate] holder of the license [or certificate]
2-21 holder's professional duties. The Board shall adopt a procedure to
2-22 assess a license [or certificate] holder's participation in
2-23 continuing education programs.
2-24 (m) The Board is subject to Chapters 551 and 2001,
2-25 Government Code [the open meetings law, Chapter 271, Acts of the
2-26 60th Legislature, Regular Session, 1967, as amended (Article
2-27 6252-17, Vernon's Texas Civil Statutes), and the Administrative
2-28 Procedure and Texas Register Act, as amended (Article 6252-13a,
2-29 Vernon's Texas Civil Statutes)].
2-30 (n) The Board shall adopt rules prescribing the activities
2-31 that may be engaged in and services that may be provided by a
2-32 holder of a provisional license or certificate. Rules adopted
2-33 under this subsection must apply to both provisional license
2-34 holders and certificate holders.
2-35 (o) The Board by rule shall provide that a certificate
2-36 holder may be issued a provisional license in lieu of renewal of
2-37 the certificate when the certificate expires.
2-38 SECTION 4. Section 8A(a), Psychologists' Certification and
2-39 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
2-40 amended to read as follows:
2-41 (a) The executive director or the executive director's
2-42 designee shall prepare and maintain a written policy statement to
2-43 ensure implementation of a program of equal employment opportunity
2-44 under which all personnel transactions are made without regard to
2-45 race, color, disability, sex, religion, age, or national origin.
2-46 The policy statement must include:
2-47 (1) personnel policies, including policies relating to
2-48 recruitment, evaluation, selection, application, training, and
2-49 promotion of personnel that are in compliance with Chapter 21,
2-50 Labor Code [the Commission on Human Rights Act (Article 5221k,
2-51 Vernon's Texas Civil Statutes) and its subsequent amendments];
2-52 (2) a comprehensive analysis of the Board work force
2-53 that meets federal and state guidelines;
2-54 (3) procedures by which a determination can be made of
2-55 significant underuse in the Board work force of all persons for
2-56 whom federal or state guidelines encourage a more equitable
2-57 balance; and
2-58 (4) reasonable methods to appropriately address those
2-59 areas of underuse.
2-60 SECTION 5. Section 8D(c), Psychologists' Certification and
2-61 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
2-62 amended to read as follows:
2-63 (c) A training program established under this section shall
2-64 provide information to a participant regarding:
2-65 (1) the enabling legislation that created the Board to
2-66 which the member is appointed;
2-67 (2) the programs operated by the Board;
2-68 (3) the role and functions of the Board;
2-69 (4) the rules of the Board with an emphasis on the
3-1 rules that relate to disciplinary and investigatory authority;
3-2 (5) the current budget for the Board;
3-3 (6) the results of the most recent formal audit of the
3-4 Board;
3-5 (7) the requirements of Chapters 551, 552, and 2001,
3-6 Government Code [the:]
3-7 [(A) open meetings law, Chapter 271, Acts of the
3-8 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
3-9 Texas Civil Statutes);]
3-10 [(B) open records law, Chapter 424, Acts of the
3-11 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
3-12 Texas Civil Statutes); and]
3-13 [(C) Administrative Procedure and Texas Register
3-14 Act (Article 6252-13a, Vernon's Texas Civil Statutes)];
3-15 (8) the requirements of the conflict of interest laws
3-16 and other laws relating to public officials; and
3-17 (9) any applicable ethics policies adopted by the
3-18 Board or the Texas Ethics Commission.
3-19 SECTION 6. Section 11, Psychologists' Certification and
3-20 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
3-21 amended to read as follows:
3-22 Sec. 11. PROVISIONAL LICENSE; QUALIFICATION OF APPLICANT FOR
3-23 EXAMINATION FOR PROVISIONAL LICENSE [CERTIFICATION]. (a) An
3-24 applicant is qualified to take the examination for provisional
3-25 licensure [certification] as a psychologist if the applicant meets
3-26 the requirements provided by this section.
3-27 (b) An applicant whose doctoral degree was received on or
3-28 after January 1, 1979, must have received a doctoral degree in
3-29 psychology from a regionally accredited educational institution.
3-30 (c) An applicant whose doctoral degree was received before
3-31 January 1, 1979, must have received either a doctoral degree in
3-32 psychology, or the substantial equivalent of a doctoral degree in
3-33 psychology in both subject matter and extent of training, from a
3-34 regionally accredited educational institution. In determining
3-35 whether a degree is substantially equivalent, the Board shall
3-36 consider whether the doctoral program met the prevailing standards
3-37 for training in the area of psychology, including standards for
3-38 training in counseling, clinical, school, and industrial, in effect
3-39 at the time the degree was conferred.
3-40 (d) In addition to the requirements of Subsection (b) or (c)
3-41 of this section, the applicant must meet the following
3-42 qualifications:
3-43 (1) the applicant has attained the age of majority;
3-44 (2) the applicant is of good moral character;
3-45 (3) in the judgment of the Board, the applicant is
3-46 physically and mentally competent to render psychological services
3-47 with reasonable skill and safety and is afflicted with no disease
3-48 or condition, either mental or physical, which would impair
3-49 competency to render psychological services; and
3-50 (4) the applicant:
3-51 (A) has not been convicted of a felony or a
3-52 crime involving moral turpitude;
3-53 (B) does not use drugs or intoxicating liquors
3-54 to an extent that affects the applicant's professional competency;
3-55 (C) has not been guilty of fraud or deceit in
3-56 making the application;
3-57 (D) except as provided by Section 15B of this
3-58 Act, has not aided or abetted a person, not [a] licensed under this
3-59 Act to practice psychology [or certified psychologist], in
3-60 representing that person as licensed under this Act to practice
3-61 psychology [a psychologist in this state];
3-62 (E) except as provided by Section 15B of this
3-63 Act, has not represented the applicant as being [himself or herself
3-64 to be a psychologist] licensed under this Act to practice
3-65 psychology [in this state] at a time that the applicant [he or she]
3-66 was not licensed under this Act to practice psychology [in this
3-67 state], or practiced psychology in this state without a license
3-68 issued under this Act or without being exempt under this Act [to
3-69 practice psychology in this state].
4-1 SECTION 7. Section 12, Psychologists' Certification and
4-2 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
4-3 amended to read as follows:
4-4 Sec. 12. APPLICATIONS. Application under Section 14 of this
4-5 Act for examination for a provisional license [certifications as a
4-6 psychologist or for certification without examination as a
4-7 psychologist] shall be upon the forms prescribed by the Board. The
4-8 Board may require that the application be verified. The required
4-9 fees must [certification fee and examination fee shall] accompany
4-10 the application.
4-11 SECTION 8. Sections 14(a) and (c), Psychologists'
4-12 Certification and Licensing Act (Article 4512c, Vernon's Texas
4-13 Civil Statutes), are amended to read as follows:
4-14 (a) The Board shall administer the oral and written
4-15 examinations required by Board rules to qualified applicants for
4-16 [certification and] licensure at least once a year. The Board
4-17 shall have the written portion of the examination, if any,
4-18 validated by an independent testing professional. The Board shall
4-19 determine the subject and scope of the examinations and establish
4-20 appropriate fees for examinations administered. Part of the
4-21 examinations shall test applicant knowledge of the discipline and
4-22 profession of psychology and part shall test applicant knowledge of
4-23 the laws and rules governing the profession of psychology in this
4-24 state. This latter part of the examination is to be known as the
4-25 Board's jurisprudence examination. An applicant who fails his
4-26 examination may be reexamined at intervals specified by the Board
4-27 upon payment of another examination fee corresponding to the
4-28 examination failed.
4-29 (c) The Board may waive the discipline and professional
4-30 segment of the examination requirement for Diplomats of the
4-31 American Board of Examiners in Professional Psychology and/or when
4-32 in the Board's judgment the applicant has already demonstrated
4-33 competence in areas covered by the examination. However, the
4-34 jurisprudence examination shall be administered to and passed by
4-35 all applicants before the board may issue a provisional license
4-36 [certification].
4-37 SECTION 9. Section 15, Psychologists' Certification and
4-38 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
4-39 amended to read as follows:
4-40 Sec. 15. ISSUANCE OF PROVISIONAL LICENSE [CERTIFICATION].
4-41 The Board shall issue a provisional license to a [A] qualified
4-42 applicant [for certification] who has successfully passed the
4-43 examinations prescribed by the Board and has paid the
4-44 [certification] fee for a provisional license [shall be certified
4-45 by the Board as a psychologist].
4-46 SECTION 10. Section 15A, Psychologists' Certification and
4-47 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
4-48 amended to read as follows:
4-49 Sec. 15A. ENDORSEMENT. (a) The Board may grant a temporary
4-50 license [or certificate] to an applicant seeking permanent
4-51 [certification or] licensure, including individuals seeking
4-52 reciprocity under Section 15B, upon submission to the Board of an
4-53 application in the form prescribed by the Board and payment of the
4-54 required application fees if:
4-55 (1) the individual is licensed, certified, or
4-56 registered as a psychologist or psychological associate by another
4-57 state, the District of Columbia, or a commonwealth or territory of
4-58 the United States and is in good standing with the regulatory
4-59 agency of that jurisdiction;
4-60 (2) the requirements for licensing, certification, or
4-61 registration in the other jurisdiction are substantially equal to
4-62 those prescribed by this Act; and
4-63 (3) the individual has passed a national or other
4-64 examination recognized as equivalent by the Board to the
4-65 examination process required by the Board for permanent licensure
4-66 [and certification] under this Act.
4-67 (b) A temporary license [or certificate] is valid until the
4-68 date the Board approves or denies the temporary license [or
4-69 certificate] holder's application for a permanent license [or
5-1 certificate] or for one year if no action is taken by the Board.
5-2 (c) If the Board denies the temporary license [or
5-3 certificate] holder's application for permanent licensure [or
5-4 certification], the temporary license [or certificate] shall
5-5 automatically expire.
5-6 (d) All temporary licenses [and certificates] expire one
5-7 year after their issuance.
5-8 (e) The Board may adopt rules for the temporary
5-9 [certification or] licensing of an individual who holds a valid
5-10 license or the equivalent from another country.
5-11 (f) Any temporary license [or certificate] issued under this
5-12 section does not constitute a vested property right.
5-13 (g) A holder of a temporary license [or certificate] issued
5-14 under this Act must display a sign approved by the Board in every
5-15 room where the holder renders psychological services indicating the
5-16 temporary nature of the license [or certificate].
5-17 SECTION 11. Section 16B(a), Psychologists' Certification and
5-18 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
5-19 amended to read as follows:
5-20 (a) Each of the following fees imposed by or under another
5-21 section of this Act is increased by $200:
5-22 (1) the fee for a provisional license [psychologist
5-23 certification] examination;
5-24 (2) the fee for [psychologist certification] renewal
5-25 of a provisional license; and
5-26 (3) the fee for [psychologist licensure] renewal of a
5-27 license.
5-28 SECTION 12. Sections 17(a)-(g), Psychologists' Certification
5-29 and Licensing Act (Article 4512c, Vernon's Texas Civil Statutes),
5-30 are amended to read as follows:
5-31 (a) The Board shall issue a license [certificate] to each
5-32 person whom it licenses [certifies and a license to those persons
5-33 licensed]. The [certificate or] license shall show the full name
5-34 of the person holding the license [psychologist] and shall bear a
5-35 serial number. The [certificate or] license shall be signed by the
5-36 chairperson and the executive director of the Board under the seal
5-37 of the Board.
5-38 (b) Unless otherwise provided by board rule, [certificates
5-39 and] licenses expire on December 31st in the year following their
5-40 issuance or renewal and are invalid thereafter unless renewed. The
5-41 Board by rule may adopt a system under which [certificates or]
5-42 licenses expire on various dates during the year. For the year in
5-43 which the expiration date is changed, [certification or] licensing
5-44 fees shall be prorated so that each [certificate or] license holder
5-45 must pay only that portion of the fee that is allocable to the
5-46 number of months during which the [certificate or] license is
5-47 valid. On renewal of the [certificate or] license on the new
5-48 expiration date, the full [certification or] licensing fee is
5-49 payable.
5-50 (c) A person may renew an unexpired [certificate or] license
5-51 by paying to the Board before the expiration date of the
5-52 [certificate or] license the required renewal fee. If a person's
5-53 [certificate or] license has been expired for 90 days or less, the
5-54 person may renew the [certificate or] license by paying to the
5-55 Board the required renewal fee and a fee that is one-half of the
5-56 examination fee for the [certificate or] license. If a person's
5-57 [certificate or] license has been expired for longer than 90 days
5-58 but less than one year, the person may renew the [certificate or]
5-59 license by paying to the Board all unpaid renewal fees and a fee
5-60 that is equal to the examination fee for the [certificate or]
5-61 license. If a person's [certificate or] license has been expired
5-62 for one year or longer, the person may not renew the [certificate
5-63 or] license. The person may obtain a new [certificate or] license
5-64 by submitting to reexamination and complying with the requirements
5-65 and procedures for obtaining an original [certificate or] license.
5-66 However, the Board may renew without reexamination an expired
5-67 license [or certificate] of a person who was licensed [or
5-68 certified] in this state, moved to another state, and is currently
5-69 licensed [or certified] and has been in practice in the other state
6-1 for the two years preceding application. The person must pay to
6-2 the Board a fee that is equal to the examination fee for the
6-3 license [or certificate]. At least 30 days before the expiration
6-4 of a person's license [or certificate], the Board shall send
6-5 written notice of the impending license [or certificate] expiration
6-6 to the person at the license [or certificate] holder's last known
6-7 address according to the records of the Board.
6-8 (d) A psychologist who wishes to place the psychologist's
6-9 [his certificate or] license on [upon an] inactive status may do so
6-10 upon application by payment of a fee established by the Board; such
6-11 a psychologist shall not accrue any penalty for late payment of the
6-12 renewal fee.
6-13 (e) The Board may refuse to renew the provisional license
6-14 [certification] of any person who does [is] not meet the
6-15 qualifications for a provisional license [qualified to take the
6-16 examination for certification] under Section 11 of this Act.
6-17 (f) Any person holding a license issued under Section 21 of
6-18 this Act shall be required to renew the person's [his] license [and
6-19 not his certificate].
6-20 (g) The renewal procedures prescribed by this section apply
6-21 to the renewal of [doctoral level certificates,] licenses and[, or]
6-22 specialty certifications.
6-23 SECTION 13. Section 19A(k), Psychologists' Certification and
6-24 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
6-25 amended to read as follows:
6-26 (k) The advisory committee is subject to Chapters 551, 552,
6-27 and 2001, Government Code[:]
6-28 [(1) the open meetings law, Chapter 271, Acts of the
6-29 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
6-30 Texas Civil Statutes), and its subsequent amendments;]
6-31 [(2) the open records law, Chapter 424, Acts of the
6-32 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
6-33 Texas Civil Statutes), and its subsequent amendments; and]
6-34 [(3) the Administrative Procedure and Texas Register
6-35 Act (Article 6252-13a, Vernon's Texas Civil Statutes), and its
6-36 subsequent amendments].
6-37 SECTION 14. Section 20, Psychologists' Certification and
6-38 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
6-39 amended to read as follows:
6-40 Sec. 20. LICENSE REQUIRED TO PRACTICE. A person may not
6-41 engage in the practice of psychology or represent the person as a
6-42 person engaged in the practice of psychology [psychologist or
6-43 psychological associate] within the meaning of this Act unless the
6-44 person is licensed [or certified] under this Act or is exempt under
6-45 Section 22 of [from] this Act.
6-46 SECTION 15. Section 21(a), Psychologists' Certification and
6-47 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
6-48 amended to read as follows:
6-49 (a) Any person who practices psychology as defined herein
6-50 for compensation[,] must apply to the Board and upon payment of a
6-51 fee shall be granted a license by the Board. No person may be
6-52 licensed as a psychologist unless:
6-53 (1) the person is certified or provisionally licensed
6-54 as a psychologist under [the authority of] this Act; and
6-55 (2) the person has had at least two years of
6-56 supervised experience in the field of psychological services, one
6-57 year of which may be part of the doctoral program and at least one
6-58 year of which was after the person's doctoral degree was conferred.
6-59 SECTION 16. Section 23, Psychologists' Certification and
6-60 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
6-61 amended to read as follows:
6-62 Sec. 23. REVOCATION, CANCELLATION, OR SUSPENSION OF LICENSE
6-63 [OR CERTIFICATION]; CIVIL PENALTY. (a) The Board shall revoke or
6-64 suspend a license [or certificate], place on probation a person
6-65 whose license [or certificate] has been suspended, or reprimand a
6-66 license [or certificate] holder if the license [or certificate]
6-67 holder:
6-68 (1) has been convicted of a felony or of a violation
6-69 of the law involving moral turpitude by any court; the conviction
7-1 of a felony shall be the conviction of any offense which if
7-2 committed within this state would constitute a felony under the
7-3 laws of this state;
7-4 (2) uses drugs or intoxicating liquors to an extent
7-5 that affects his professional competency;
7-6 (3) has been guilty of fraud or deceit in connection
7-7 with his services rendered as a psychologist;
7-8 (4) except as provided by Section 15B of this Act, has
7-9 aided or abetted a person, not [a] licensed under this Act to
7-10 practice psychology [psychologist], in representing that person as
7-11 licensed under this Act to practice psychology [a psychologist
7-12 within this state];
7-13 (5) except as provided by Section 15B of this Act, has
7-14 represented the person [himself or herself] to be [a psychologist]
7-15 licensed under this Act to practice psychology [in this state] at a
7-16 time the person [he or she] was not licensed to practice psychology
7-17 in this state, or practiced psychology in this state without a
7-18 license under this Act or without being exempt under this Act [to
7-19 practice psychology in this state];
7-20 (6) violates a rule adopted by the Board; [or]
7-21 (7) violates a provision of this Act; or
7-22 (8) has committed an act for which liability exists
7-23 under Chapter 81, Civil Practice and Remedies Code.
7-24 (b) If the Board proposes to refuse a person's application
7-25 for a license [or certification], to suspend or revoke a person's
7-26 license [or certificate], or to reprimand a person, the person is
7-27 entitled to a hearing before the State Office of Administrative
7-28 Hearings. The Board by rule shall adopt a broad schedule of
7-29 sanctions for violations under this Act. The State Office of
7-30 Administrative Hearings shall use the schedule for any sanction
7-31 imposed as the result of a hearing conducted by that office.
7-32 (c) Proceedings for the refusal, suspension, or revocation
7-33 of a license [or certificate] or for the reprimand of a person are
7-34 governed by Chapter 2001, Government Code [the Administrative
7-35 Procedure and Texas Register Act, as amended (Article 6252-13a,
7-36 Vernon's Texas Civil Statutes)].
7-37 (d) An appeal of an action of the Board is governed by
7-38 Chapter 2001, Government Code [the Administrative Procedure and
7-39 Texas Register Act, as amended (Article 6252-13a, Vernon's Texas
7-40 Civil Statutes)]. Judicial review of an action of the Board shall
7-41 be conducted under the substantial evidence rule.
7-42 (e) A person who violates this Act or a rule or order
7-43 adopted by the Board under this Act is liable to the state for a
7-44 civil penalty of $1,000 for each day of violation. At the request
7-45 of the Board, the attorney general shall bring an action to recover
7-46 a civil penalty authorized under this subsection. A penalty
7-47 collected under this subsection shall be remitted to the
7-48 comptroller for deposit in the general revenue fund.
7-49 (f) In addition to the other disciplinary actions authorized
7-50 by this section, the Board may require that a license [or
7-51 certificate] holder who violates this Act participate in continuing
7-52 education programs. The Board shall specify the continuing
7-53 education programs that may be attended and the number of hours
7-54 that must be completed by an individual license [or certificate]
7-55 holder to fulfill the requirements of this subsection.
7-56 (g) If a license [or certificate] suspension is probated,
7-57 the Board may require the license [or certificate] holder to:
7-58 (1) report regularly to the Board on matters that are
7-59 the basis of the probation;
7-60 (2) limit practice to the areas prescribed by the
7-61 Board; or
7-62 (3) continue or review continuing professional
7-63 education until the license [or certificate] holder attains a
7-64 degree of skill satisfactory to the Board in those areas that are
7-65 the basis of the probation.
7-66 SECTION 17. Sections 23A(i), (j), (n), and (r),
7-67 Psychologists' Certification and Licensing Act (Article 4512c,
7-68 Vernon's Texas Civil Statutes), are amended to read as follows:
7-69 (i) The notice of the Board's order given to the person
8-1 under Chapter 2001, Government Code, [the Administrative Procedure
8-2 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
8-3 Statutes) and its subsequent amendments] must include a statement
8-4 of the right of the person to judicial review of the order.
8-5 (j) Within 30 days after the date the Board's order is final
8-6 as provided by Section 2001.144, Government Code [16(c),
8-7 Administrative Procedure and Texas Register Act (Article 6252-13a,
8-8 Vernon's Texas Civil Statutes), and its subsequent amendments], the
8-9 person shall:
8-10 (1) pay the amount of the penalty;
8-11 (2) pay the amount of the penalty and file a petition
8-12 for judicial review contesting the occurrence of the violation, the
8-13 amount of the penalty, or both the occurrence of the violation and
8-14 the amount of the penalty; or
8-15 (3) without paying the amount of the penalty, file a
8-16 petition for judicial review contesting the occurrence of the
8-17 violation, the amount of the penalty, or both the occurrence of the
8-18 violation and the amount of the penalty.
8-19 (n) Judicial review of the order of the Board:
8-20 (1) is instituted by filing a petition as provided by
8-21 Chapter 2001, Government Code [Section 19, Administrative Procedure
8-22 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
8-23 Statutes), and its subsequent amendments]; and
8-24 (2) is under the substantial evidence rule.
8-25 (r) All proceedings under this section are subject to
8-26 Chapter 2001, Government Code [the Administrative Procedure and
8-27 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
8-28 Statutes) and its subsequent amendments].
8-29 SECTION 18. Sections 23B(a), (c), and (d), Psychologists'
8-30 Certification and Licensing Act (Article 4512c, Vernon's Texas
8-31 Civil Statutes), are amended to read as follows:
8-32 (a) An executive committee of the Board, consisting of the
8-33 presiding officer of the Board and two other Board members
8-34 appointed by the presiding officer, may temporarily suspend the
8-35 license [or certificate] of a license [or certificate] holder under
8-36 this Act if the executive committee determines from the evidence or
8-37 information presented to the committee that the continued practice
8-38 by the license [or certificate] holder constitutes a continuing or
8-39 imminent threat to the public welfare.
8-40 (c) A license [or certificate] temporarily suspended under
8-41 this section may be suspended without notice or hearing if, at the
8-42 time the suspension is ordered, a hearing on whether disciplinary
8-43 proceedings under this Act should be initiated against the license
8-44 [or certificate] holder is scheduled to be held not later than the
8-45 14th day after the date of the suspension. A second hearing on the
8-46 suspended license [or certificate] shall be held not later than the
8-47 60th day after the date the suspension was ordered. If the second
8-48 hearing is not held in the time required by this subsection, the
8-49 suspended license [or certificate] is automatically reinstated.
8-50 (d) The Board by rule shall adopt procedures for the
8-51 temporary suspension of a license [or certificate] under this
8-52 section.
8-53 SECTION 19. Section 24A, Psychologists' Certification and
8-54 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
8-55 amended to read as follows:
8-56 Sec. 24A. ENFORCEMENT OF COMPETENCY REQUIREMENTS. (a) If
8-57 the Board reasonably believes that a person who is applying to take
8-58 the provisional license [certification] examination, who is
8-59 applying for a license or license renewal [of certification], who
8-60 is currently licensed [or certified] by the Board, or who is
8-61 otherwise providing psychological services under any license or
8-62 certification sanctioned or approved by the Board, is not
8-63 physically and mentally competent to render psychological services
8-64 with reasonable skill and safety to the person's [his] patients, or
8-65 is afflicted with a disease or condition, either physical or
8-66 mental, which would impair the person's [his] competency to render
8-67 psychological services, the Board may request that the [that]
8-68 person submit to a physical examination by a doctor of medicine or
8-69 doctor of osteopathic medicine approved by the Board or submit to a
9-1 mental examination by a doctor of medicine, doctor of osteopathic
9-2 medicine, or licensed psychologist approved by the Board.
9-3 (b) If the applicant or person seeking provisional license
9-4 renewal [of certification] refuses to submit to the examination,
9-5 the Board shall issue an order requiring that person to show cause
9-6 for the person's [his] refusal and shall schedule a hearing on the
9-7 order within thirty (30) days after notice is served on the person
9-8 who has refused to submit to the examination. Notice shall be
9-9 given either by personal service or by registered mail return
9-10 receipt requested. At the hearing the person may appear personally
9-11 and by counsel and present evidence in justification of the [his]
9-12 refusal to submit to the examination. After a complete hearing the
9-13 Board shall issue an order either requiring the person to submit to
9-14 the examination or withdrawing the request for the examination.
9-15 Unless the request is withdrawn the person who has refused to
9-16 submit to [take] the physical or mental examination may not take
9-17 the provisional license [certification] examination, and is not
9-18 entitled to license renewal [of his certification]. An appeal from
9-19 the order of the Board may be made under Section 23 of this Act.
9-20 SECTION 20. Sections 25A(e)-(h), Psychologists'
9-21 Certification and Licensing Act (Article 4512c, Vernon's Texas
9-22 Civil Statutes), are amended to read as follows:
9-23 (e) Except as specifically provided in Subsection (f) of
9-24 this section, a complaint and investigation under Section 8 of this
9-25 Act concerning an individual licensed [or certified] by the Board
9-26 and all information and materials compiled by the Board in
9-27 connection with a complaint and investigation are not subject to
9-28 disclosure under the open records law, Chapter 552, Government
9-29 Code, and are not subject to disclosure, discovery, subpoena, or
9-30 other means of legal compulsion for their release to any person or
9-31 entity.
9-32 (f) A complaint or investigation covered by Subsection (e)
9-33 of this section and all information and materials compiled by the
9-34 Board in connection with such a complaint or investigation may be
9-35 disclosed to:
9-36 (1) the Board and its employees or agents involved in
9-37 licensee [and/or certificand] discipline;
9-38 (2) a party to a disciplinary action against the
9-39 licensee [and/or certificand] or that party's designated
9-40 representative;
9-41 (3) law enforcement agencies if otherwise required by
9-42 law;
9-43 (4) governmental agencies, if the disclosure is
9-44 required or permitted by law, provided that the agency obtaining
9-45 disclosure shall protect the identity of any patient whose records
9-46 are examined; or
9-47 (5) any legislative committee or its staff directed by
9-48 either or both houses of the legislature, the presiding officers of
9-49 either or both houses of the legislature, or the chairman of the
9-50 legislative committee to make an inquiry regarding state hospitals
9-51 or schools, provided that no information or records that identify a
9-52 patient or client shall be released for any purpose unless proper
9-53 consent is given by the patient and provided that only records
9-54 created by the state hospital or school or its employees shall be
9-55 included under this subsection.
9-56 (g) Not later than 30 days after receiving a written request
9-57 from a licensee [or certificand] who is entitled to a hearing under
9-58 this Act or from the licensee's [or certificand's] attorney of
9-59 record, the Board shall provide the licensee [or certificand] with
9-60 access to all information that the Board intends to offer into
9-61 evidence at the hearing, unless good cause for delay is shown to
9-62 the person presiding as officer in the hearing.
9-63 (h) In any disciplinary investigation or proceeding against
9-64 a licensee [or certificand], the Board shall protect the identity
9-65 of any patient whose records are examined, except:
9-66 (1) any patient initiating the disciplinary action; or
9-67 (2) those patients who have submitted a written
9-68 consent to the release of their records.
9-69 SECTION 21. Section 25C(a), Psychologists' Certification and
10-1 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
10-2 amended to read as follows:
10-3 (a) The Board by rule shall adopt procedures governing:
10-4 (1) informal disposition of a contested case under
10-5 Section 2001.056, Government Code [13(e), Administrative Procedure
10-6 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
10-7 Statutes), and its subsequent amendments]; and
10-8 (2) informal proceedings held in compliance with
10-9 Section 2001.054, Government Code [18(c), Administrative Procedure
10-10 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
10-11 Statutes), and its subsequent amendments].
10-12 SECTION 22. Section 25D, Psychologists' Certification and
10-13 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
10-14 amended to read as follows:
10-15 Sec. 25D. MONITORING OF LICENSE [OR CERTIFICATE] HOLDER. The
10-16 Board by rule shall develop a system for monitoring the [license or
10-17 certificate holders'] compliance of a license holder with the
10-18 requirements of this Act. Rules adopted under this section shall
10-19 include procedures for monitoring a license [or certificate] holder
10-20 who is ordered by the Board to perform certain acts to ascertain
10-21 that the license [or certificate] holder performs the required acts
10-22 and to identify and monitor license [or certificate] holders who
10-23 represent a risk to the public.
10-24 SECTION 23. This Act takes effect September 1, 1997.
10-25 SECTION 24. The importance of this legislation and the
10-26 crowded condition of the calendars in both houses create an
10-27 emergency and an imperative public necessity that the
10-28 constitutional rule requiring bills to be read on three several
10-29 days in each house be suspended, and this rule is hereby suspended.
10-30 * * * * *