1-1 By: Chavez (Senate Sponsor - Nelson) H.B. No. 1643
1-2 (In the Senate - Received from the House April 19, 1999;
1-3 April 20, 1999, read first time and referred to Committee on Health
1-4 Services; April 28, 1999, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; April 28, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to an exception to the regulation of certain therapists
1-9 under the Licensed Professional Counselor Act.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 3(a), Licensed Professional Counselor Act
1-12 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
1-13 as follows:
1-14 (a) Except as provided by Subsection (b) of this section,
1-15 this Act does not apply to:
1-16 (1) the activities and services of or use of an
1-17 official title by a person employed as a counselor by a federal,
1-18 state, county, or municipal agency or public or private educational
1-19 institution, if the person is performing counseling or
1-20 counseling-related activities within the scope of his employment;
1-21 (2) the activities and services of a student, intern,
1-22 or trainee in counseling pursuing a course of study in counseling
1-23 in a regionally accredited institution of higher education or
1-24 training institution, if these activities and services constitute a
1-25 part of the supervised course of study and the person is designated
1-26 a "counselor intern";
1-27 (3) the activities and services of a nonresident
1-28 rendered not more than 30 days during any year, if the person is
1-29 authorized to perform the activities and services under the law of
1-30 the state or country of his residence;
1-31 (4) the activities and services of members of other
1-32 professions licensed or certified by the state, such as physicians,
1-33 registered nurses, psychologists, certified social workers,
1-34 licensed marriage and family therapists, licensed chemical
1-35 dependency counselors, licensed physician assistants, licensed
1-36 occupational therapists, licensed optometrists in the evaluation
1-37 and remediation of learning or behavioral disabilities associated
1-38 with or caused by a defective or abnormal condition of vision,
1-39 Christian Science practitioners who are recognized by the Church of
1-40 Christ Scientist as registered and published in the Christian
1-41 Science Journal, or other recognized religious practitioners
1-42 performing counseling consistent with the law of the state, their
1-43 training, and any code of ethics of their professions, if they do
1-44 not represent themselves by any title or description in the manner
1-45 prescribed by Section 2 of this Act;
1-46 (5) the activities, services, titles, and descriptions
1-47 of persons licensed to practice law;
1-48 (6) the activities, services, titles, and descriptions
1-49 of persons employed as professionals or who are volunteers in the
1-50 practice of counseling for public and private nonprofit
1-51 organizations or charities who are accountable to the persons'
1-52 sponsoring organization and do not use the title or hold themselves
1-53 out to be licensed counselors;
1-54 (7) the activities, services, titles, and descriptions
1-55 of persons certified by the Commission on Rehabilitation Counselor
1-56 Certification or the Commission on Certification of Work Adjustment
1-57 and Vocational Evaluation Specialists performing counseling
1-58 consistent with the law of the state, their training, and any code
1-59 of ethics of their profession and who do not use the title or hold
1-60 themselves out to be licensed counselors; [or]
1-61 (8) persons owning, operating, or employed by a
1-62 certified career counseling service regulated under Chapter 222,
1-63 Acts of the 70th Legislature, Regular Session, 1987 (Article
1-64 5221a-8, Vernon's Texas Civil Statutes); or
2-1 (9) the activities, services, titles, and descriptions
2-2 of persons who are certified by the Certification Board for Music
2-3 Therapists or listed with the National Music Therapy Registry, who
2-4 perform music therapy service consistent with the law of this
2-5 state, their training, and code of ethics of their profession, and
2-6 who do not engage in the use of psychotherapy or use the title of
2-7 or hold themselves out to be licensed counselors.
2-8 SECTION 2. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended,
2-13 and that this Act take effect and be in force from and after its
2-14 passage, and it is so enacted.
2-15 * * * * *