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.