By Coleman H.B. No. 923
76R2640 MXM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of licensed professional counselors.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 5(f), Licensed Professional Counselor Act
1-5 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
1-6 as follows:
1-7 (f) If the executive director [secretary] has knowledge that
1-8 a potential ground for removal exists, the executive director
1-9 [secretary] shall notify the governor and the attorney general that
1-10 a potential ground for removal exists.
1-11 SECTION 2. Section 8(a), Licensed Professional Counselor Act
1-12 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
1-13 as follows:
1-14 (a) The executive director [secretary] must be an employee
1-15 of the department. The Commissioner of Health, with the advice and
1-16 consent of the board, shall designate an employee to serve as
1-17 executive director [secretary] of the board. The executive
1-18 director [secretary] shall be the administrator of professional
1-19 counselor licensing activities for the board. In addition to his
1-20 other duties prescribed by this Act and by the department, the
1-21 executive director [secretary] shall:
1-22 (1) keep full and accurate minutes of the transactions
1-23 and proceedings of the board;
1-24 (2) be the custodian of the files and records of the
2-1 board;
2-2 (3) prepare and recommend to the board plans and
2-3 procedures necessary to implement the purposes and objectives of
2-4 this Act, including rules and proposals on administrative
2-5 procedures not inconsistent with this Act;
2-6 (4) exercise general supervision over persons employed
2-7 by the department in the administration of this Act;
2-8 (5) be responsible for the investigation of complaints
2-9 and for the presentation of formal complaints;
2-10 (6) attend all meetings of the board, but the
2-11 executive director [secretary] is not entitled to vote at board
2-12 meetings; and
2-13 (7) handle or arrange for the handling of the
2-14 correspondence of the board, make or arrange for necessary
2-15 inspections and investigations, and obtain, assemble, or prepare
2-16 the reports and information that the board may direct or authorize.
2-17 SECTION 3. Section 10(a), Licensed Professional Counselor
2-18 Act (Article 4512g, Vernon's Texas Civil Statutes), is amended to
2-19 read as follows:
2-20 (a) A person is a qualified applicant if the person:
2-21 (1) is at least 18 years old;
2-22 (2) has submitted an application as required by the
2-23 board, accompanied by the application fee set by the board; the
2-24 board may require that the statements on the application be made
2-25 under oath;
2-26 (3) has a master's or doctorate degree in counseling
2-27 or a related field;
3-1 (4) has successfully completed a graduate degree at a
3-2 regionally accredited institution of higher education and a planned
3-3 graduate program of 48 graduate semester hours [or the substantial
3-4 equivalent], including 300 clock hours of supervised practicum that
3-5 is primarily counseling in nature and that meets the specific
3-6 academic course content and training standards established by the
3-7 board. The board shall review and consider the standards as
3-8 developed by the appropriate professional association;
3-9 (5) has completed 36 months or 3,000 hours of
3-10 supervised experience working in a counseling setting that meets
3-11 the requirements established by the board after the completion of
3-12 the 48 graduate semester hour [or equivalent graduate] program;
3-13 (6) has successfully completed the examination
3-14 required under this Act; and
3-15 (7) has met the requirements prescribed by the board.
3-16 SECTION 4. Section 14(i), Licensed Professional Counselor
3-17 Act (Article 4512g, Vernon's Texas Civil Statutes), is amended to
3-18 read as follows:
3-19 (i) The board shall adopt a system under which licenses
3-20 expire on various dates during the year. [For the year in which
3-21 the initial license is issued, license fees payable on the date of
3-22 issuance shall be prorated on a monthly basis so that each licensee
3-23 shall pay only that portion of the license fee that is applicable
3-24 to the number of months during which the license is valid.] On
3-25 renewal of the license, the total license fee is payable.
3-26 SECTION 5. Section 16C(c), Licensed Professional Counselor
3-27 Act (Article 4512g, Vernon's Texas Civil Statutes), is amended to
4-1 read as follows:
4-2 (c) The executive director [secretary] of the board shall
4-3 notify the board of a complaint that extends beyond the time
4-4 prescribed by the board for resolving the complaint.
4-5 SECTION 6. Section 18(c), Licensed Professional Counselor
4-6 Act (Article 4512g, Vernon's Texas Civil Statutes), is amended to
4-7 read as follows:
4-8 (c) A provisional license is valid until the date the board
4-9 approves or denies the provisional licensee's application for a
4-10 license. The board shall issue a license under this Act to the
4-11 holder of a provisional license under this section if:
4-12 (1) [the provisional licensee passes the examination
4-13 required by Section 12 of this Act;]
4-14 [(2)] the board verifies that the provisional licensee
4-15 has the academic and experience requirements for a license under
4-16 this Act; and
4-17 (2) [(3)] the provisional licensee satisfies any other
4-18 license requirements under this Act.
4-19 SECTION 7. (a) The Act takes effect September 1, 1999.
4-20 (b) Section 10(a), Licensed Professional Counselor Act
4-21 (Article 4512g, Vernon's Texas Civil Statutes), as amended by this
4-22 Act, applies only to an applicant who applies for a license on or
4-23 after the effective date of this Act. An applicant who applies
4-24 before the effective date of this Act is governed by the law in
4-25 effect immediately before the effective date, and that law is
4-26 continued in effect for that purpose.
4-27 (c) The amendment of Section 18(c), Licensed Professional
5-1 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes), by
5-2 this Act is intended to clarify the law in effect before the
5-3 effective date of this Act.
5-4 SECTION 8. The importance of this legislation and the
5-5 crowded condition of the calendars in both houses create an
5-6 emergency and an imperative public necessity that the
5-7 constitutional rule requiring bills to be read on three several
5-8 days in each house be suspended, and this rule is hereby suspended.