1-1     By:  Coleman (Senate Sponsor - Moncrief)               H.B. No. 923
 1-2           (In the Senate - Received from the House March 29, 1999;
 1-3     March 30, 1999, read first time and referred to Committee on Health
 1-4     Services; May 12, 1999, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; May 12, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to regulation of licensed professional counselors.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Section 5(f), Licensed Professional Counselor Act
1-11     (Article 4512g, Vernon's  Texas Civil Statutes), is amended to read
1-12     as follows:
1-13           (f)  If the executive director [secretary] has knowledge that
1-14     a potential ground for removal exists, the executive director
1-15     [secretary] shall notify the governor and the attorney general that
1-16     a potential ground for removal exists.
1-17           SECTION 2.  Section 8(a), Licensed Professional Counselor Act
1-18     (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
1-19     as follows:
1-20           (a)  The executive director [secretary] must be an employee
1-21     of the department.  The Commissioner of Health, with the advice and
1-22     consent of  the board, shall designate an employee to serve as
1-23     executive director [secretary] of the board.  The executive
1-24     director [secretary] shall be the administrator of professional
1-25     counselor licensing activities for the board.  In addition to his
1-26     other duties prescribed by this Act and by the department, the
1-27     executive director [secretary] shall:
1-28                 (1)  keep full and accurate minutes of the transactions
1-29     and proceedings of the board;
1-30                 (2)  be the custodian of the files and records of the
1-31     board;
1-32                 (3)  prepare and recommend to the board plans and
1-33     procedures necessary to implement the purposes and objectives of
1-34     this Act, including rules and proposals on administrative
1-35     procedures not inconsistent with this Act;
1-36                 (4)  exercise general supervision over persons employed
1-37     by the department in the administration of this Act;
1-38                 (5)  be responsible for the investigation of complaints
1-39     and for the presentation of formal complaints;
1-40                 (6)  attend all meetings of the board, but the
1-41     executive director [secretary] is not entitled to vote at board
1-42     meetings; and
1-43                 (7)  handle or arrange for the handling of the
1-44     correspondence of the board, make or arrange for necessary
1-45     inspections and investigations, and obtain, assemble, or prepare
1-46     the reports and information that the board may direct or authorize.
1-47           SECTION 3.  Section 10(a), Licensed Professional Counselor
1-48     Act (Article 4512g, Vernon's Texas Civil Statutes), is amended to
1-49     read as follows:
1-50           (a)  A person is a qualified applicant if the person:
1-51                 (1)  is at least 18 years old;
1-52                 (2)  has submitted an application as required by the
1-53     board, accompanied by the application fee set by the board; the
1-54     board may require that the statements on the application be made
1-55     under oath;
1-56                 (3)  has a master's or doctorate degree in counseling
1-57     or a related field;
1-58                 (4)  has successfully completed a graduate degree at a
1-59     regionally accredited institution of higher education and a planned
1-60     graduate program of 48 graduate semester hours [or the substantial
1-61     equivalent], including 300 clock hours of supervised practicum that
1-62     is primarily counseling in nature and that meets the specific
1-63     academic course content and training standards established by the
1-64     board.  The board shall review and consider the standards as
 2-1     developed by the appropriate professional association;
 2-2                 (5)  has completed 36 months or 3,000 hours of
 2-3     supervised experience working in a counseling setting that meets
 2-4     the requirements established by the board after the completion of
 2-5     the 48 graduate semester hour [or equivalent graduate] program;
 2-6                 (6)  has successfully completed the examination
 2-7     required under this Act; and
 2-8                 (7)  has met the requirements prescribed by the board.
 2-9           SECTION 4.  Section 14(i), Licensed Professional Counselor
2-10     Act (Article 4512g, Vernon's Texas Civil Statutes), is amended to
2-11     read as follows:
2-12           (i)  The board shall adopt a system under which licenses
2-13     expire on various dates during the year.  [For the year in which
2-14     the initial license is issued, license fees payable on the date of
2-15     issuance shall be prorated on a monthly basis so that each licensee
2-16     shall pay only that portion of the license fee that is applicable
2-17     to the number of months during which the license is valid.]  On
2-18     renewal of the license, the total license fee is payable.
2-19           SECTION 5.  Section 16C(c), Licensed Professional Counselor
2-20     Act (Article 4512g, Vernon's Texas Civil Statutes), is amended to
2-21     read as follows:
2-22           (c)  The executive director [secretary] of the board shall
2-23     notify the board of a complaint that extends beyond the time
2-24     prescribed by the board for resolving the complaint.
2-25           SECTION 6.  Section 18(c), Licensed Professional Counselor
2-26     Act (Article 4512g, Vernon's Texas Civil Statutes), is amended to
2-27     read as follows:
2-28           (c)  A provisional license is valid until the date the board
2-29     approves or denies the provisional licensee's application for a
2-30     license.  The board shall issue a license under this Act to the
2-31     holder of a provisional license under this section if:
2-32                 (1)  [the provisional licensee passes the examination
2-33     required by Section 12 of this Act;]
2-34                 [(2)]  the board verifies that the provisional licensee
2-35     has the academic and experience requirements for a license under
2-36     this Act; and
2-37                 (2) [(3)]  the provisional licensee satisfies any other
2-38     license requirements under this Act.
2-39           SECTION 7.  (a)  The Act takes effect September 1, 1999.
2-40           (b)  Section 10(a), Licensed Professional Counselor Act
2-41     (Article 4512g, Vernon's Texas Civil Statutes), as amended by this
2-42     Act, applies only to an applicant who applies for a license on or
2-43     after the effective date of this Act.  An applicant who applies
2-44     before the effective date of this Act is governed by the law in
2-45     effect immediately before the effective date, and that law is
2-46     continued in effect for that purpose.
2-47           (c)  The amendment of Section 18(c), Licensed Professional
2-48     Counselor Act (Article 4512g, Vernon's Texas Civil Statutes), by
2-49     this Act is intended to clarify the law in effect before the
2-50     effective date of this Act.
2-51           SECTION 8.  The importance of this legislation and the
2-52     crowded condition of the calendars in both houses create an
2-53     emergency and an imperative public necessity that the
2-54     constitutional rule requiring bills to be read on three several
2-55     days in each house be suspended, and this rule is hereby suspended.
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