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.
2-56 * * * * *