By West                                               H.B. No. 1088
         76R1996 JMM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of sociological practitioners; providing
 1-3     a penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5                       ARTICLE 1.  GENERAL PROVISIONS
 1-6           SECTION 1.01.  DEFINITIONS.  In this Act:
 1-7                 (1)  "Board" means the Texas Board of Examiners of
 1-8     Sociologists.
 1-9                 (2)  "Board of health" means the Texas Board of Health.
1-10                 (3)  "Certified sociological practitioner" means an
1-11     individual certified by the board as:
1-12                       (A)  a sociological practitioner; or
1-13                       (B)  a certified professional sociological
1-14     practitioner.
1-15                 (4)  "Department" means the Texas Department of Health.
1-16                         ARTICLE 2.  ADMINISTRATION
1-17           SECTION 2.01.  BOARD.  (a)  The Texas Board of Examiners of
1-18     Sociologists consists of nine members appointed by the governor as
1-19     follows:
1-20                 (1)  three members who are engaged in the practice of
1-21     sociology;
1-22                 (2)  three members who are professional educators in
1-23     sociology; and
1-24                 (3)  three members who are representatives of the
 2-1     general public.
 2-2           (b)  Appointments to the board shall be made without regard
 2-3     to the race, color, disability, sex, religion, age, or national
 2-4     origin of the appointees.
 2-5           (c)  The board is subject to Chapters 551 and 2001,
 2-6     Government Code.
 2-7           SECTION 2.02.  SUNSET PROVISION.  The board is subject to
 2-8     Chapter 325, Government Code (Texas Sunset Act).  Unless continued
 2-9     in existence as provided by that chapter, the board is abolished
2-10     and this Act expires September 1, 2009.
2-11           SECTION 2.03.  TERMS; VACANCY.  (a)  Members of the board
2-12     hold office for staggered terms of six years.  Three members' terms
2-13     expire February 1 of each odd-numbered year.
2-14           (b)  If a vacancy occurs during a term, the governor shall
2-15     appoint a replacement who meets the qualifications for the vacated
2-16     office to fill the unexpired part of the term.
2-17           SECTION 2.04.  OFFICERS.  The board shall elect a presiding
2-18     officer and assistant presiding officer from the board's members.
2-19     The presiding officer and assistant presiding officer shall serve
2-20     as provided by board rule.
2-21           SECTION 2.05.  COMPENSATION; REIMBURSEMENT.  A member of the
2-22     board is not entitled to compensation for serving on the board.  A
2-23     member is entitled to reimbursement for travel expenses as provided
2-24     by the General Appropriations Act.
2-25           SECTION 2.06.  MEETINGS.  (a)  The board shall meet at least
2-26     semiannually.
2-27           (b)  The board may meet at other times at the call of the
 3-1     presiding officer or as provided by board rule.
 3-2           SECTION 2.07.  RESTRICTIONS ON APPOINTMENT, MEMBERSHIP, AND
 3-3     EMPLOYMENT.  (a)  A member of the board or an employee of the
 3-4     department who performs functions for the board may not:
 3-5                 (1)  be an officer, employee, or paid consultant of a
 3-6     trade association in the field of sociology or a related mental
 3-7     health field;
 3-8                 (2)  be related within the second degree by affinity or
 3-9     within the third degree by consanguinity to a person who is an
3-10     officer, employee, or paid consultant of a trade association in the
3-11     field of sociology or a related mental health field; or
3-12                 (3)  communicate directly or indirectly with a party or
3-13     a representative of a party to a proceeding pending before the
3-14     board if the member or employee is assigned to make a decision, a
3-15     finding of fact, or a conclusion of law in the proceeding, unless
3-16     notice and an opportunity to participate are given to each party to
3-17     the proceeding.
3-18           (b)  A public member of the board or the spouse of a public
3-19     member may not be or have been related to a person within the
3-20     second degree by affinity or the third degree by consanguinity who
3-21     has, other than as a consumer, a financial interest in the field of
3-22     sociology or a related mental health field.
3-23           (c)  A person may not serve as a member of the board or act
3-24     as general counsel to the board if the person is required to
3-25     register as a lobbyist under Chapter 305, Government Code, because
3-26     of the person's activities for compensation on behalf of a
3-27     profession related to the operation of the board.
 4-1           SECTION 2.08.  REMOVAL OF BOARD MEMBER.  (a)  It is a ground
 4-2     for removal from the board that a member:
 4-3                 (1)  does not have at the time of appointment the
 4-4     qualifications required for appointment to the board;
 4-5                 (2)  does not maintain, during service on the board,
 4-6     the qualifications required for appointment to the board;
 4-7                 (3)  violates a prohibition established by Section 2.07
 4-8     of this Act;
 4-9                 (4)  cannot discharge the member's duties for a
4-10     substantial part of the term for which the member is appointed
4-11     because of illness or disability; or
4-12                 (5)  is absent from more than half of the regularly
4-13     scheduled board meetings that the member is eligible to attend
4-14     during a calendar year unless the absence is excused by majority
4-15     vote of the board.
4-16           (b)  The validity of an action of the board is not affected
4-17     by the fact that it is taken when a ground for removal of a board
4-18     member exists.
4-19           (c)  If the executive director of the board has knowledge
4-20     that a potential ground for removal exists, the executive director
4-21     shall notify the presiding officer of the board of the ground.  The
4-22     presiding officer shall then notify the governor that a potential
4-23     ground for removal exists.
4-24           SECTION 2.09.  PUBLIC INTEREST INFORMATION AND COMPLAINTS.
4-25     (a)  The board shall prepare information of public interest
4-26     describing the functions of the board and the procedures by which
4-27     complaints are filed with and resolved by the board.  The board
 5-1     shall make the information available to the public and appropriate
 5-2     state agencies.
 5-3           (b)  The board shall keep an information file about each
 5-4     complaint filed with the board that the board has authority to
 5-5     resolve.  If a written complaint is filed with the board that the
 5-6     board has authority to resolve, the board, at least quarterly and
 5-7     until final disposition of the complaint, shall notify the parties
 5-8     to the complaint of the status of the complaint.
 5-9           (c)  The board shall develop and implement policies that
5-10     provide the public with a reasonable opportunity to appear before
5-11     the board and to speak on any issue under the jurisdiction of the
5-12     board.
5-13           SECTION 2.10.  FEES; FUND.  (a)  The board of health by rule
5-14     shall adopt fees for certification, certification renewal,
5-15     examination, and other administrative expenses under this Act.
5-16           (b)  The board of health shall set fees in amounts that are
5-17     reasonable and necessary to cover the costs of administering this
5-18     Act.  The board may prescribe different certification fee amounts
5-19     for a certified sociological practitioner holding only a
5-20     baccalaureate degree, a certified professional sociological
5-21     practitioner holding a master's degree, and a certified
5-22     professional sociological practitioner holding a doctoral degree.
5-23           (c)  Fees received by the department under this Act shall be
5-24     deposited in the general revenue fund.
5-25           (d)  The salaries and reimbursements paid by the department
5-26     shall be comparable to those prescribed in the General
5-27     Appropriations Act for persons holding comparable positions.  The
 6-1     general rules of the General Appropriations Act apply to the
 6-2     expenditure of funds under this section.  The board of health and
 6-3     the department may apply the funds covered by this section to
 6-4     replenish other budget items to the extent that funds were directed
 6-5     from those items to facilitate certification of sociologists before
 6-6     fees were available to do so.
 6-7           SECTION 2.11.  GENERAL POWERS AND DUTIES OF BOARD; ANNUAL
 6-8     REPORT.  (a)  The board may adopt rules for the board's own
 6-9     procedures.
6-10           (b)  The board shall propose rules relating to certification
6-11     requirements for sociologists for consideration by the board of
6-12     health.
6-13           (c)  Based on rules adopted by the board of health, the board
6-14     shall determine the qualifications and fitness of applicants for
6-15     certification under this Act.
6-16           (d)  The board shall adopt a code of professional ethics for
6-17     persons certified under this Act.
6-18           (e)  On or before February 1 of each year, the board shall
6-19     present a written report to the governor and the presiding officer
6-20     of each house of the legislature that describes the activities of
6-21     the board and details the disposition of all funds received and
6-22     disbursed by the board during the preceding year.
6-23           SECTION 2.12.  EXECUTIVE DIRECTOR; PERSONNEL.  (a)  The
6-24     commissioner of public health shall appoint an executive director
6-25     for the board after consultation with the board members.  The
6-26     executive director must be an employee of the department.
6-27           (b)  The executive director shall administer the
 7-1     certification activities conducted under this Act as directed by
 7-2     the board or the commissioner of public health.
 7-3           (c)  The basic personnel and necessary facilities required to
 7-4     administer this Act shall be designated by the commissioner of
 7-5     public health and made available to the board for the efficient
 7-6     administration of the board's duties.  The department shall secure
 7-7     by agreement services that are necessary and provide for
 7-8     compensation for those services.  The department may employ and
 7-9     compensate, within available appropriations, professional
7-10     consultants, technical assistants, and employees on a full-time or
7-11     part-time basis as necessary to administer this Act.
7-12                          ARTICLE 3.  CERTIFICATION
7-13           SECTION 3.01.  CERTIFICATION REQUIRED.  A person may not use
7-14     the title "certified sociological practitioner" or "certified
7-15     professional sociological practitioner" or any other title that
7-16     implies that the person is certified in sociology unless the
7-17     person:
7-18                 (1)  holds a certificate under this Act;
7-19                 (2)  is authorized by law to perform sociology within
7-20     the course and scope of another license issued under the laws of
7-21     this state; or
7-22                 (3)  is exempt under Section 3.03 of this Act.
7-23           SECTION 3.02.  SCOPE OF PRACTICE.  (a)  Services provided by
7-24     a certified sociological practitioner or certified professional
7-25     sociological practitioner include the application of sociological
7-26     knowledge, theories, perspectives, methods, and research models to
7-27     the analysis and design of interventions for effective social
 8-1     change and to produce greater effectiveness for groups and
 8-2     individuals at any level of social organization.
 8-3           (b)  A certified sociological practitioner may make social
 8-4     assessments and formal evaluations of interactional patterns and
 8-5     social situations to arrive at judgments that allow the
 8-6     practitioner to offer techniques, schemes, and strategies for
 8-7     intervention to facilitate change at any level of social
 8-8     organization.  A certified sociological practitioner may also
 8-9     employ sociological knowledge, theories, perspectives, methods, and
8-10     research models to assist in individual and group problem-solving.
8-11           (c)  A certified professional sociological practitioner is a
8-12     research and intervention specialist who produces information and
8-13     interventions useful in resolving problems at any level of social
8-14     organization.  The practice includes the research model of
8-15     formulating and testing options and the research model of
8-16     assessment and evaluation.  Using these techniques, a certified
8-17     professional sociological practitioner may assist with program
8-18     planning, policy implementation and formulation, social impact
8-19     analysis, needs assessments, and assessments of interactional
8-20     patterns and social situations that allow the practitioner to
8-21     arrive at judgments to facilitate change at any level of social
8-22     organization.
8-23           (d)  Areas of practice addressed by certified sociological
8-24     practitioners and certified professional sociological practitioners
8-25     include interventions directed at empowering groups and individuals
8-26     to implement positive changes in the enactment of social roles and
8-27     status by the groups and individuals to achieve greater overall
 9-1     effectiveness in the social environment.  As part of this process,
 9-2     these practitioners may educate, investigate, and inform groups and
 9-3     individuals about social forces and social factors that affect
 9-4     individuals' lives to promote more effective interaction in the
 9-5     social environment.  These social factors and forces include social
 9-6     structure, social change, culture, values, beliefs, attitudes, and
 9-7     behavior.
 9-8           SECTION 3.03.  EXEMPTIONS.  The certification requirements of
 9-9     this Act do not apply to:
9-10                 (1)  the activities of a student, intern, or trainee in
9-11     sociology in connection with a recognized course of study in
9-12     sociology at an accredited institution of higher education or other
9-13     training institution, if the activities constitute a part of the
9-14     course of study and the person is designated by a title including
9-15     "sociological intern";
9-16                 (2)  services provided by a nonresident of this state
9-17     for more than 15 days during the calendar year, if the person is
9-18     authorized to provide the services under the law of the state or
9-19     country of the person's residence;
9-20                 (3)  the activities and services of a member of another
9-21     licensed profession, including a physician, an attorney, a
9-22     registered nurse, an occupational therapist, a psychologist, a
9-23     licensed social worker, a licensed professional counselor, or a
9-24     licensed marriage and family therapist; or
9-25                 (4)  the activities and services of a Christian Science
9-26     practitioner recognized by the Church of Christ, Scientist, or
9-27     another recognized religious practitioner, including a pastoral
 10-1    counselor, if the practitioner practices sociology in a manner
 10-2    consistent with the laws of this state.
 10-3          SECTION 3.04.  CERTIFICATION APPLICATION.  (a)  An applicant
 10-4    for certification under this Act must file a written sworn
 10-5    application with the board accompanied by the application fee.
 10-6          (b)  A person is eligible for certification as a certified
 10-7    sociological practitioner if the person:
 10-8                (1)  is at least 18 years of age;
 10-9                (2)  holds a baccalaureate in sociology conferred by a
10-10    regionally accredited institution of higher education or an
10-11    institution of higher education approved by the board;
10-12                (3)  has at least 250 hours of experience delivering
10-13    services related to professional sociology supervised in a manner
10-14    acceptable to the board;
10-15                (4)  is of good moral character;
10-16                (5)  has not been convicted of a misdemeanor involving
10-17    moral turpitude or a felony;
10-18                (6)  does not use drugs or alcohol to an extent that
10-19    affects the applicant's professional competency;
10-20                (7)  has not had a license or certification revoked by
10-21    a licensing agency or a certifying organization; and
10-22                (8)  has not engaged in fraud or deceit in making the
10-23    application.
10-24          (c)  A person is eligible for certification as a certified
10-25    professional sociological practitioner if the person:
10-26                (1)  is at least 18 years of age;
10-27                (2)  holds a master's degree or doctoral degree in
 11-1    sociology  conferred by a regionally accredited institution of
 11-2    higher education or an institution of higher education approved by
 11-3    the board;
 11-4                (3)  has at least 2,000 hours, if the applicant holds a
 11-5    master's degree, or 1,000 hours, if the applicant holds a doctoral
 11-6    degree, of professional experience utilizing sociological concepts
 11-7    and interventions in delivering services related to professional
 11-8    sociology supervised by a certified professional sociological
 11-9    practitioner;
11-10                (4)  is of good moral character;
11-11                (5)  has not been convicted of a misdemeanor involving
11-12    moral turpitude or a felony;
11-13                (6)  does not use drugs or alcohol to an extent that
11-14    affects the applicant's professional competency;
11-15                (7)  has not had a license or certification revoked by
11-16    a licensing agency or a certifying organization; and
11-17                (8)  has not engaged in fraud or deceit in making the
11-18    application.
11-19          (d)  A person who does not have the qualifications required
11-20    by Subsection (c)(2) or (3) of this section is eligible for
11-21    certification as a certified professional sociological practitioner
11-22    if the person has at least 24 hours of graduate-level classes in
11-23    sociology and holds a master's degree or doctoral degree in
11-24    criminology, criminal justice, social psychology, social work,
11-25    marriage and family therapy, psychology, or another graduate-level
11-26    human service degree program approved by the board.  The 24 hours
11-27    of graduate level classes in sociology must include a three- to
 12-1    six-hour internship consisting of not less than three hours of
 12-2    course work each in sociological theory, methodology, and
 12-3    statistics.  If the person's internship was for six hours, the
 12-4    person must have completed not less than nine hours in
 12-5    graduate-level sociology elective courses.  If the person's
 12-6    internship was for three hours, the person must have completed not
 12-7    less than 12 hours in graduate-level sociology elective courses.
 12-8          SECTION 3.05.  APPLICANT QUALIFICATIONS; APPLICATION REVIEW.
 12-9    (a)  The board shall prescribe the form of the application and by
12-10    rule may establish dates by which applications and fees must be
12-11    received.  These rules may not be inconsistent with the rules of
12-12    the department or board of health related to application dates for
12-13    other licensing programs.
12-14          (b)  Not later than the 45th day after the date a properly
12-15    submitted application is received and not later than the 30th day
12-16    before the next examination date, the department shall notify an
12-17    applicant in writing that the applicant's application and other
12-18    relevant evidence pertaining to application qualifications
12-19    established by the board have been received and investigated.  The
12-20    notice must state whether the application and other evidence
12-21    submitted qualify the applicant for the examination.  If the
12-22    applicant is not qualified to take the examination, the notice must
12-23    state the reasons for the disqualification.
12-24          SECTION 3.06.  EXAMINATION REQUIREMENTS.  (a)  After
12-25    September 1, 2000, each applicant for certification under this Act
12-26    must pass an examination prescribed and approved by the board.  The
12-27    examination may consist of:
 13-1                (1)  a written examination;
 13-2                (2)  a field examination that is conducted through
 13-3    questionnaires answered by the applicant's instructors, employers,
 13-4    supervisors, or other persons who are competent, in the judgment of
 13-5    the board, to assess the applicant's professional ability and that
 13-6    may include written case studies and taped interviews;
 13-7                (3)  an oral examination; or
 13-8                (4)  any combination of those examinations.
 13-9          (b)  An applicant must apply to take the examination on a
13-10    form prescribed by the board.  The examination application must be
13-11    accompanied by the examination fee adopted by the board of health.
13-12          (c)  The board shall determine the times and places for
13-13    certification examinations and shall offer the examinations at
13-14    least semiannually.  The board shall give reasonable public notice
13-15    of an examination in the manner provided by board rules.
13-16          (d)  Unless the examination is graded or reviewed by a
13-17    national testing service, the board shall notify each examinee of
13-18    the results of the examination not later than the 30th day after
13-19    the examination date.  If the examination is graded or reviewed by
13-20    a national testing service, the board shall notify each examinee of
13-21    the results from the national testing service.  If the examination
13-22    results will be delayed for more than 90 days after the examination
13-23    date, the board shall notify each examinee of the reason for the
13-24    delay not later than the 90th day after the examination date.
13-25          (e)  An applicant who fails an examination may retake the
13-26    examination on payment of an additional examination fee.  On the
13-27    failure of the applicant to pass a second or subsequent
 14-1    examination, the board may require the applicant to complete
 14-2    additional courses of study designated by the board before the
 14-3    applicant may retake the examination.  The board may require the
 14-4    applicant to present satisfactory evidence of completion of a
 14-5    required course.
 14-6          (f)  If requested in writing by a person who fails an
 14-7    examination administered under this Act, the board shall furnish
 14-8    the person with an analysis of the person's performance on the
 14-9    examination.
14-10          SECTION 3.07.  NOTICE OF CURRENT ADDRESS.  Each certificate
14-11    holder shall keep the board informed of the certificate holder's
14-12    current address.
14-13          SECTION 3.08.  CERTIFICATE RENEWAL; CONTINUING EDUCATION.
14-14    (a)  A certificate issued under this Act is subject to annual
14-15    renewal.  The board shall adopt a system under which certificates
14-16    expire on various dates during the year.
14-17          (b)  The certificate may be renewed annually if the person
14-18    holding the certificate is not in violation of this Act at the time
14-19    of application for renewal and if the applicant fulfills continuing
14-20    education requirements as established by the board.
14-21          (c)  A certificate holder may renew an unexpired certificate
14-22    by paying the renewal fee before the expiration date of the
14-23    certificate.
14-24          (d)  If a person's certificate has expired for 90 days or
14-25    less, the person may renew the certificate by paying to the board
14-26    the required renewal fee and a fee in an amount that is equal to
14-27    half of the examination fee for certification.
 15-1          (e)  If a person's certificate has been expired for one year
 15-2    or longer, the person may not renew the certificate.  The person
 15-3    may obtain a new certificate by complying with the requirements and
 15-4    procedures for obtaining an original certificate.
 15-5          (f)  The board may renew without reexamination an expired
 15-6    certificate of a person who was certified in this state, moved to
 15-7    another state, and is currently certified and has been in practice
 15-8    in the other state for the two years preceding application.  The
 15-9    person must pay to the board a fee that is equal to the examination
15-10    fee for the certificate.
15-11          (g)  The board may approve continuing education programs for
15-12    certificate holders and may require a certificate holder to
15-13    participate in an approved continuing education program in order to
15-14    renew a certificate issued under this Act.
15-15          SECTION 3.09.  PROVISIONAL CERTIFICATION.  (a)  The board may
15-16    grant, on application and payment of any required fees, a
15-17    provisional certificate to a person who at the time of application
15-18    holds a valid certificate as a sociologist issued by another state
15-19    or a political territory or jurisdiction.  An applicant for a
15-20    provisional certificate under this section must:
15-21                (1)  be certified in good standing as a sociologist in
15-22    another state, territory, or jurisdiction that has certification
15-23    requirements that are substantially equivalent to the requirements
15-24    of this Act;
15-25                (2)  have passed a national or other examination
15-26    recognized by the board relating to sociology; and
15-27                (3)  be sponsored by a person certified by the board
 16-1    under this Act with whom the provisional certificate holder may
 16-2    practice under this section.
 16-3          (b)  An applicant for a provisional certificate may be
 16-4    excused from the requirement of Subsection (a)(3) of this section
 16-5    if the board determines that compliance with that subsection
 16-6    constitutes a hardship to the applicant.
 16-7          (c)  A provisional certificate is valid until the date the
 16-8    board approves or denies the certificate holder's application for a
 16-9    certificate.  The board shall issue a certificate under this Act to
16-10    the holder of a provisional certificate under this section if:
16-11                (1)  the provisional certificate holder passes the
16-12    examination required by Section 3.06 of this Act;
16-13                (2)  the board verifies that the provisional
16-14    certificate holder has the academic and experience requirements for
16-15    a certificate under this Act; and
16-16                (3)  the provisional certificate holder satisfies any
16-17    other certification requirements under this Act.
16-18          (d)  The board shall complete the processing of a provisional
16-19    certificate holder's application for a certificate not later than
16-20    the 180th day after the date the provisional certificate is issued
16-21    or at the time certificates are issued following the successful
16-22    completion of the examination, whichever is later.
16-23          SECTION 3.10.  DISPLAY OF CERTIFICATE; REGISTRY.  (a)  Each
16-24    person certified under this Act shall display the person's
16-25    certificate in a conspicuous manner in the principal office or
16-26    location in which the person practices.
16-27          (b)  The board shall prepare a registry of all persons
 17-1    certified under this Act on an annual basis.  The board shall make
 17-2    the registry available to the public, certificate holders, and
 17-3    other state agencies.
 17-4          SECTION 3.11.  INACTIVE STATUS.  (a)  A person who holds a
 17-5    certificate issued under this Act and who is not actively engaged
 17-6    in the practice of sociology may apply to the board in writing to
 17-7    be placed on the inactive status list maintained by the board.  The
 17-8    person must apply for inactive status before the expiration of the
 17-9    person's certificate.  A person on inactive status is not required
17-10    to pay an annual renewal fee.
17-11          (b)  If a person on inactive status desires to renew active
17-12    status, the person shall notify the board in writing.  The board
17-13    shall remove the person from the inactive status list on payment of
17-14    an administrative fee and on compliance with educational or other
17-15    requirements set by board rule.
17-16                    ARTICLE 4.  ENFORCEMENT PROVISIONS
17-17          SECTION 4.01.  DENIAL OF CERTIFICATE OR DISCIPLINARY ACTION.
17-18    The board may deny, suspend, probate, or revoke a certificate or
17-19    otherwise discipline a certificate holder if the applicant for
17-20    certification or the certificate holder has:
17-21                (1)  been convicted of a misdemeanor involving moral
17-22    turpitude or a felony;
17-23                (2)  obtained or attempted to obtain a certificate by
17-24    fraud or deception;
17-25                (3)  used drugs or alcohol to an extent that affects
17-26    professional competence;
17-27                (4)  been grossly negligent in performing professional
 18-1    duties;
 18-2                (5)  been adjudicated mentally incompetent by a court
 18-3    of competent jurisdiction;
 18-4                (6)  practiced in a manner detrimental to the public
 18-5    health or welfare;
 18-6                (7)  advertised in a manner that tends to deceive or
 18-7    defraud the public;
 18-8                (8)  had a license or certificate revoked by a
 18-9    licensing agency or a professional certifying organization; or
18-10                (9)  otherwise violated this Act or a rule or the code
18-11    of ethics adopted under this Act.
18-12          SECTION 4.02.  INJUNCTION.  (a)  The board or department may
18-13    bring an action to enjoin a violation of this Act.  The action may
18-14    be brought in Travis County, in the county of the defendant's
18-15    residence, or in the county in which any part of the violation
18-16    occurred.
18-17          (b)  An action brought under this section is in addition to
18-18    any other action authorized by law.
18-19          (c)  The board or department shall be represented in a
18-20    proceeding under this section by the attorney general or the
18-21    appropriate county or district attorney.
18-22          SECTION 4.03.  PENALTY.  (a)  A person, other than a person
18-23    who is exempt under Section 3.03 of this Act, commits an offense if
18-24    the person intentionally or knowingly violates Section 3.01 of this
18-25    Act.
18-26          (b)  An offense under this section is a Class B misdemeanor.
 19-1             ARTICLE 5.  EFFECTIVE DATE; TRANSITION; EMERGENCY
 19-2          SECTION 5.01.  EFFECTIVE DATE.  (a)  Except as provided by
 19-3    Subsection (b) of this section, this Act takes effect September 1,
 19-4    1999.
 19-5          (b)  Sections 3.01 and 4.03 of this Act take effect September
 19-6    1, 2001.
 19-7          SECTION 5.02.  TRANSITION.  (a)  The board and the board of
 19-8    health shall adopt rules under this Act not later than January 1,
 19-9    2000.
19-10          (b)  A person actively engaged in the practice of sociology
19-11    consistent with applicable law on or before January 1, 1999, is
19-12    entitled to receive a certificate as a certified sociological
19-13    practitioner without an examination if the person applies on or
19-14    before September 1, 2001, and presents evidence satisfactory to the
19-15    board that the person meets one of the following requirements:
19-16                (1)  the person, as of the effective date of this Act,
19-17    has been practicing as a sociologist since January 1, 1995;
19-18                (2)  the person has at least one year's experience as a
19-19    practicing sociologist;
19-20                (3)  the person has accumulated 250 hours of experience
19-21    in utilizing sociological concepts and interventions; or
19-22                (4)  the person has successfully completed a sociology
19-23    education program approved by the board for the certified
19-24    sociological practitioner.
19-25          (c)  A person actively engaged in the practice of sociology
19-26    consistent with applicable law on or before January 1, 1999, is
19-27    entitled to receive a certificate as a certified professional
 20-1    sociological practitioner without an examination if the person
 20-2    applies on or before September 1, 2001, and presents evidence
 20-3    satisfactory to the board that the person meets one of the
 20-4    following requirements:
 20-5                (1)  the person, as of the effective date of this Act,
 20-6    has been practicing as a sociologist since January 1, 1995;
 20-7                (2)  the person has at least three years' experience as
 20-8    a practicing sociologist;
 20-9                (3)  the person has accumulated 2,000 hours of
20-10    experience in utilizing sociological concepts and interventions;
20-11    or
20-12                (4)  the person has successfully completed a sociology
20-13    education program approved by the board for the certified
20-14    professional sociological practitioner.
20-15          (d)  A sociologist member of the board:
20-16                (1)  is not required to be certified at the time of the
20-17    member's appointment to the board if the member was appointed to
20-18    the board before January 1, 2001; or
20-19                (2)  is not required to be certified under this Act for
20-20    three years or more after the date of the member's appointment to
20-21    the board if the member was appointed to the board before September
20-22    1, 2003.
20-23          (e)  In making the initial appointments to the board, the
20-24    governor shall appoint:
20-25                (1)  one member engaged in the practice of sociology,
20-26    one public member, and one professional educator in sociology to
20-27    serve terms expiring February 1, 2001;
 21-1                (2)  one member engaged in the practice of sociology,
 21-2    one public member, and one professional educator in sociology to
 21-3    serve terms expiring February 1, 2003; and
 21-4                (3)  one member engaged in the practice of sociology,
 21-5    one public member, and one professional educator in sociology to
 21-6    serve terms expiring February 1, 2005.
 21-7          (f)  The requirement under Section 3.04(c) of this Act that
 21-8    an applicant for certification have experience supervised by a
 21-9    certified professional sociological practitioner takes effect
21-10    September 1, 2001.  Before that date, the experience must be
21-11    supervised in a manner acceptable to the board.
21-12          SECTION 5.03.  EMERGENCY.  The importance of this legislation
21-13    and the crowded condition of the calendars in both houses create an
21-14    emergency and an imperative public necessity that the
21-15    constitutional rule requiring bills to be read on three several
21-16    days in each house be suspended, and this rule is hereby suspended.