By Flores H.B. No. 1336
76R4609 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of marriage and family
1-3 therapy.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Licensed Marriage and Family Therapist
1-6 Act (Article 4512c-1, Vernon's Texas Civil Statutes), is amended by
1-7 adding Subdivision (6) to read as follows:
1-8 (6) "Licensed marriage and family therapist associate"
1-9 means an individual who offers to provide marriage and family
1-10 therapy for compensation under the supervision of a licensed
1-11 marriage and family therapist.
1-12 SECTION 2. Section 15(b), Licensed Marriage and Family
1-13 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
1-14 amended to read as follows:
1-15 (b) A person who is not licensed under this Act may not:
1-16 (1) use the title "Licensed Marriage and Family
1-17 Therapist" or "Licensed Marriage and Family Therapist Associate,"
1-18 as appropriate; or
1-19 (2) use any title that would imply licensure or
1-20 certification in marriage and family therapy except to the extent
1-21 that the person is authorized by law to perform marriage and family
1-22 therapy within the course and scope of another license issued under
1-23 the laws of this state.
1-24 SECTION 3. Section 17, Licensed Marriage and Family
2-1 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
2-2 amended to read as follows:
2-3 Sec. 17. LICENSE APPLICATION. (a) An applicant for a
2-4 license under this Act must file a written application with the
2-5 board on a form prescribed by the board, accompanied by the
2-6 appropriate application fee.
2-7 (b) A person is eligible to apply for a license if the
2-8 person:
2-9 (1) is at least 18 years of age;
2-10 (2) holds a master's or doctorate degree in marriage
2-11 and family therapy or a master's or doctorate degree in a related
2-12 mental health field with coursework and training determined by the
2-13 board to be substantially equivalent to a graduate degree in
2-14 marriage and family therapy from a regionally accredited
2-15 institution of higher education or an institution of higher
2-16 education approved by the board;
2-17 (3) after receipt of a degree meeting the requirements
2-18 of Subdivision (2) of this subsection, has completed two years of
2-19 work experience in marriage and family therapist services that
2-20 must:
2-21 (A) include at least 3,000 hours of clinical
2-22 practice of which:
2-23 (i) at least 1,500 [1,000] hours consist
2-24 of direct clinical services to individuals, couples, or families;
2-25 and
2-26 (ii) [, of which] at least 750 [500] hours
2-27 must be direct clinical services to couples or families; and
3-1 (B) be supervised in a manner acceptable to the
3-2 board, including at least 200 hours of supervision of the provision
3-3 of direct clinical services by the applicant of which at least 100
3-4 hours must be supervised on an individual basis;
3-5 (4) is of good moral character;
3-6 (5) has not been convicted of a felony or a crime
3-7 involving moral turpitude;
3-8 (6) does not use drugs or alcohol to an extent that
3-9 affects the applicant's professional competency;
3-10 (7) has not had a license or certification revoked by
3-11 a licensing agency or by a certifying professional organization;
3-12 and
3-13 (8) has not been guilty of fraud or deceit in making
3-14 the application.
3-15 (c) An applicant for a license as a licensed marriage and
3-16 family therapist associate or licensed marriage and family
3-17 therapist must:
3-18 (1) pass an examination determined by the board; or
3-19 (2) be exempt from the examination.
3-20 (d) An applicant who is not asking the board to waive the
3-21 examination requirement shall file an application not later than
3-22 the 90th day before the date of the examination that the applicant
3-23 intends to take.
3-24 SECTION 4. Section 18, Licensed Marriage and Family
3-25 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
3-26 amended to read as follows:
3-27 Sec. 18. APPLICATION REVIEW. (a) The board shall
4-1 investigate each application and other evidence submitted.
4-2 (b) Not [Except as provided by Subsection (c) of this
4-3 section, not] later than the 30th day before the date of the
4-4 examination and not later than the 90th day after the date of
4-5 receipt of the completed application, the board shall notify each
4-6 applicant whether the application has been accepted or rejected.
4-7 (c) An applicant is eligible to take the examination if the
4-8 applicant:
4-9 (1) is enrolled in a graduate internship in marriage
4-10 and family therapy, or an equivalent internship, as approved by the
4-11 board; and
4-12 (2) provides proof to the board that the applicant is
4-13 a student in good standing.
4-14 (d) Not later than the 90th day after the date of receipt of
4-15 a completed application from a person seeking licensure without
4-16 examination [or under Section 30 of this Act], the board shall
4-17 notify the applicant that:
4-18 (1) the applicant may be licensed without examination;
4-19 (2) an examination is required; or
4-20 (3) the application is rejected.
4-21 (e) [(d)] A notice under Subsection (d) [(c)] of this
4-22 section to an applicant who is required to take an examination must
4-23 state the reason for requiring the examination, the time and manner
4-24 of conducting the examination, and the acts required of the
4-25 applicant in connection with the examination.
4-26 (f) [(e)] A notice that an application is rejected must
4-27 state the reason for the rejection.
5-1 SECTION 5. Section 20(a), Licensed Marriage and Family
5-2 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
5-3 amended to read as follows:
5-4 (a) The board shall issue a license as a licensed marriage
5-5 and family therapist or licensed marriage and family therapist
5-6 associate, as [an] appropriate, [license] to an individual who
5-7 possesses the necessary requirements, passes the licensing
5-8 examination, unless exempted from the examination requirement by
5-9 the board, and pays the required fees.
5-10 SECTION 6. (a) This Act takes effect September 1, 1999.
5-11 (b) The change in law made by this Act applies only to an
5-12 applicant for a license who enrolls in a graduate internship in
5-13 marriage and family therapy, or an equivalent internship as
5-14 determined by the Texas State Board of Examiners of Marriage and
5-15 Family Therapists, on or after the effective date of this Act. An
5-16 applicant who enrolled in a graduate internship before the
5-17 effective date of this Act is governed by the law in effect on the
5-18 date the applicant enrolled, and the former law is continued in
5-19 effect for that purpose.
5-20 (c) The change in law made by this Act does not affect a
5-21 person who holds a license issued by the Texas State Board of
5-22 Examiners of Marriage and Family Therapists before the effective
5-23 date of this Act.
5-24 SECTION 7. The importance of this legislation and the
5-25 crowded condition of the calendars in both houses create an
5-26 emergency and an imperative public necessity that the
5-27 constitutional rule requiring bills to be read on three several
6-1 days in each house be suspended, and this rule is hereby suspended.