By Rodriguez                                    H.B. No. 3417

      75R5872 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the practice of psychological associates and

 1-3     psychologists.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Sections 11(b) and (c), Psychologists'

 1-6     Certification and Licensing Act (Article 4512c, Vernon's Texas

 1-7     Civil Statutes), are amended to read as follows:

 1-8           (b)  An applicant whose master's or doctoral degree was

 1-9     received on or after January 1, 1979, must have received a master's

1-10     or doctoral degree in psychology from a regionally accredited

1-11     educational institution.

1-12           (c)  An applicant whose master's or doctoral degree was

1-13     received before January 1, 1979, must have received either a

1-14     master's or doctoral degree in psychology, or the substantial

1-15     equivalent of a master's or doctoral degree in psychology in both

1-16     subject matter and extent of training, from a regionally accredited

1-17     educational institution.  In determining whether a degree is

1-18     substantially equivalent, the Board shall consider whether the

1-19     master's or doctoral program met the prevailing standards for

1-20     training in the area of psychology, including standards for

1-21     training in counseling, clinical, school, and industrial, in effect

1-22     at the time the degree was conferred.

1-23           SECTION 2.  Section 19, Psychologists' Certification and

1-24     Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is

 2-1     amended to read as follows:

 2-2           Sec. 19.  SUB-DOCTORAL LICENSE.  The Board, with the advice

 2-3     of the Psychological Associate Advisory Committee as provided by

 2-4     Section 19A of this Act, shall set standards for qualification and

 2-5     issue licenses for sub-doctoral levels of psychological personnel.

 2-6     Sub-doctoral personnel must have a master's degree in a program

 2-7     that is primarily psychological in nature in an accredited

 2-8     university or college.  Sub-doctoral levels shall be designated by

 2-9     a title(s) which includes the adjective "psychological" followed by

2-10     a noun such as "associate," "assistant," "examiner," "technician,"

2-11     etc. Notwithstanding any other provision of this Act, a licensed

2-12     psychological associate who is in good standing with the Board may

2-13     engage in the autonomous practice of psychology.

2-14           SECTION 3.  Section 19A(l), Psychologists' Certification and

2-15     Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is

2-16     amended to read as follows:

2-17           (l)  The advisory committee shall develop and recommend rules

2-18     to the Board that establish:

2-19                 (1)  the license qualifications for psychological

2-20     associates;

2-21                 (2)  the supervision requirements for psychological

2-22     associates practicing less than two [five] years;

2-23                 (3)  the permitted activities and services within the

2-24     practice of psychological associates;

2-25                 (4)  the schedule of disciplinary sanctions required by

2-26     Section 23(b) of this Act that apply to psychological associates;

2-27                 (5)  the continuing education requirements for

 3-1     psychological associates;

 3-2                 (6)  the proportional billing guidelines for services

 3-3     rendered by psychological associates with less than two [five]

 3-4     years experience; and

 3-5                 (7)  the guidelines, including additional educational

 3-6     requirements, for practice without [with minimal] supervision for

 3-7     psychological associates with two [five] or more years of

 3-8     experience.

 3-9           SECTION 4.  Section 21(a), Psychologists' Certification and

3-10     Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is

3-11     amended to read as follows:

3-12           (a)  Any person who practices psychology as defined herein

3-13     for compensation, must apply to the Board and upon payment of a fee

3-14     shall be granted a license by the Board.  No person may be licensed

3-15     as a psychologist unless:

3-16                 (1)  the person is certified as a psychologist under

3-17     the authority of this Act; and

3-18                 (2)  the person has had at least two years of

3-19     supervised experience in the field of psychological services, one

3-20     year of which may be part of the master's or doctoral program and

3-21     at least one year of which was after the person's master's or

3-22     doctoral degree was conferred.

3-23           SECTION 5.  This Act takes effect September 1, 1997.

3-24           SECTION 6.  (a)  A person may be licensed as a psychological

3-25     associate without an examination if the person applies on or before

3-26     September 1, 1998, and the person:

3-27                 (1)  holds a master's or doctoral degree primarily in

 4-1     the field of psychology from a regionally accredited educational

 4-2     institution;

 4-3                 (2)  has 24 months or 2,000 hours of professional

 4-4     experience working in the field of psychology or in a related

 4-5     field; and

 4-6                 (3)  submits a completed application required by the

 4-7     Texas State Board of Examiners of Psychologists and any required

 4-8     application fee.

 4-9           (b)  The Texas State Board of Examiners of Psychologists by

4-10     rule may waive the educational and experience requirements of

4-11     Subsection (a) of this section and may allow a person to receive a

4-12     license as a psychological associate without an examination if the

4-13     person is:

4-14                 (1)  a school psychologist certified by a national

4-15     organization recognized by the board; or

4-16                 (2)  a licensed specialist in school psychology under

4-17     Section 26, Psychologists' Certification and Licensing Act (Article

4-18     4512c, Vernon's Texas Civil Statutes).

4-19           (c)  A person licensed under this section may engage in the

4-20     autonomous practice of psychology without complying with any other

4-21     requirement of the Psychologists' Certification and Licensing Act

4-22     (Article 4512c, Vernon's Texas Civil Statutes).

4-23           SECTION 7.  The importance of this legislation and the

4-24     crowded condition of the calendars in both houses create an

4-25     emergency and an imperative public necessity that the

4-26     constitutional rule requiring bills to be read on three several

4-27     days in each house be suspended, and this rule is hereby suspended.