1-1 AN ACT
1-2 relating to an exception to the regulation of certain therapists
1-3 under the Licensed Professional Counselor Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3(a), Licensed Professional Counselor Act
1-6 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
1-7 as follows:
1-8 (a) Except as provided by Subsection (b) of this section,
1-9 this Act does not apply to:
1-10 (1) the activities and services of or use of an
1-11 official title by a person employed as a counselor by a federal,
1-12 state, county, or municipal agency or public or private educational
1-13 institution, if the person is performing counseling or
1-14 counseling-related activities within the scope of his employment;
1-15 (2) the activities and services of a student, intern,
1-16 or trainee in counseling pursuing a course of study in counseling
1-17 in a regionally accredited institution of higher education or
1-18 training institution, if these activities and services constitute a
1-19 part of the supervised course of study and the person is designated
1-20 a "counselor intern";
1-21 (3) the activities and services of a nonresident
1-22 rendered not more than 30 days during any year, if the person is
1-23 authorized to perform the activities and services under the law of
1-24 the state or country of his residence;
2-1 (4) the activities and services of members of other
2-2 professions licensed or certified by the state, such as physicians,
2-3 registered nurses, psychologists, certified social workers,
2-4 licensed marriage and family therapists, licensed chemical
2-5 dependency counselors, licensed physician assistants, licensed
2-6 occupational therapists, licensed optometrists in the evaluation
2-7 and remediation of learning or behavioral disabilities associated
2-8 with or caused by a defective or abnormal condition of vision,
2-9 Christian Science practitioners who are recognized by the Church of
2-10 Christ Scientist as registered and published in the Christian
2-11 Science Journal, or other recognized religious practitioners
2-12 performing counseling consistent with the law of the state, their
2-13 training, and any code of ethics of their professions, if they do
2-14 not represent themselves by any title or description in the manner
2-15 prescribed by Section 2 of this Act;
2-16 (5) the activities, services, titles, and descriptions
2-17 of persons licensed to practice law;
2-18 (6) the activities, services, titles, and descriptions
2-19 of persons employed as professionals or who are volunteers in the
2-20 practice of counseling for public and private nonprofit
2-21 organizations or charities who are accountable to the persons'
2-22 sponsoring organization and do not use the title or hold themselves
2-23 out to be licensed counselors;
2-24 (7) the activities, services, titles, and descriptions
2-25 of persons certified by the Commission on Rehabilitation Counselor
2-26 Certification or the Commission on Certification of Work Adjustment
2-27 and Vocational Evaluation Specialists performing counseling
3-1 consistent with the law of the state, their training, and any code
3-2 of ethics of their profession and who do not use the title or hold
3-3 themselves out to be licensed counselors; [or]
3-4 (8) persons owning, operating, or employed by a
3-5 certified career counseling service regulated under Chapter 222,
3-6 Acts of the 70th Legislature, Regular Session, 1987 (Article
3-7 5221a-8, Vernon's Texas Civil Statutes); or
3-8 (9) the activities, services, titles, and descriptions
3-9 of persons who are certified by the Certification Board for Music
3-10 Therapists or listed with the National Music Therapy Registry, who
3-11 perform music therapy service consistent with the law of this
3-12 state, their training, and code of ethics of their profession, and
3-13 who do not engage in the use of psychotherapy or use the title of
3-14 or hold themselves out to be licensed counselors.
3-15 SECTION 2. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended,
3-20 and that this Act take effect and be in force from and after its
3-21 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1643 was passed by the House on April
16, 1999, by the following vote: Yeas 136, Nays 0, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1643 was passed by the Senate on May
6, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor