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                                  * * * * *