By Solis of Bexar H.B. No. 3498 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the practice of psychological associates and 1-3 psychologists. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. The Psychologists' Licensing Act (Article 4512c, 1-6 Vernon's Texas Civil Statutes) is amended by adding Section 26A to 1-7 read as follows: 1-8 Sec. 26A. LICENSED SPECIALIST IN DEVELOPMENTAL PSYCHOLOGY. 1-9 (a) The board by rule shall adopt the license classification of 1-10 "licensed specialist in developmental psychology." A license 1-11 issued under this section constitutes the appropriate credential 1-12 for a person to provide psychological services without supervision 1-13 outside a public school setting to persons who are developmentally 1-14 disabled or mentally retarded and who lack the functional skills 1-15 required for daily living. 1-16 (b) The board shall set the standards for qualification of a 1-17 license issued under this section. The standards must include: 1-18 (1) recognized graduate degree requirements of at 1-19 least 45 credit hours; 1-20 (2) completion of graduate course work at a regionally 1-21 accredited institution of higher education in the following areas: 2-1 (A) psychological foundations; 2-2 (B) principles of normal and abnormal 2-3 development; 2-4 (C) interventions 2-5 (D) assessments; and 2-6 (E) professional issues and ethics; 2-7 (3) completion of a minimum of 3,000 hours or three 2-8 years of experience in providing psychological services to people 2-9 with mental retardation or developmental disabilities; 2-10 (4) receipt of a passing score on written examinations 2-11 required by the board; and 2-12 (5) satisfaction of the requirements imposed under 2-13 Section 11(d) of this Act. 2-14 (c) The rules of practice for a licensed specialist in 2-15 developmental psychology must allow the practice of psychology 2-16 without supervision in the state agencies providing services to 2-17 developmentally disabled and mentally retarded persons and in all 2-18 other public and private settings in which developmentally disabled 2-19 and mentally retarded persons receive services except public 2-20 schools. 2-21 SECTION 2. Subsection (B), Section 2, Chapter 397, Acts of 2-22 the 54th Legislature, Regular Session, 1955 (Article 3.70-2, 2-23 Vernon's Texas Insurance Code), as amended by Chapters 946 and 2-24 1260, Acts of the 75th Legislature, Regular session, 1997, is 2-25 amended to read as follows: 3-1 (B) No policy of accident and sickness insurance 3-2 shall make benefits contingent upon treatment or examination by a 3-3 particular practitioner or by particular practitioners of the 3-4 healing arts hereinafter designated unless such policy contains a 3-5 provision designating the practitioner or practitioners who will be 3-6 recognized by the insurer and those who will not be recognized by 3-7 the insurer. Such provision may be located in the "Exceptions" or 3-8 "Exceptions and Reductions" provisions, or elsewhere in the policy, 3-9 or by endorsement attached to the policy, at the insurer's option. 3-10 In designating the practitioners who will and will not be 3-11 recognized, such provision shall use the following terms: Doctor 3-12 of Medicine, Doctor of Osteopathy, Doctor of Dentistry, Doctor of 3-13 Chiropractic, Doctor of Optometry, Doctor of Podiatry, Licensed 3-14 Audiologist, Licensed Speech-language Pathologist, Doctor in 3-15 Psychology, Licensed Master Social Worker--Advanced Clinical 3-16 Practitioner, Licensed Dietitian, Licensed Professional Counselor, 3-17 Licensed Marriage and Family Therapist, Licensed Chemical 3-18 Dependency Counselor, Licensed Hearing Aid Fitter and Dispenser, 3-19 Licensed Occupational Therapist, Licensed Physical Therapist, 3-20 Advanced Practice Nurse, Physician Assistant, and Licensed 3-21 Psychological Associate. 3-22 For purposes of this Act, such designations shall have the 3-23 following meanings: 3-24 Doctor of Medicine: One licensed by the Texas State Board of 3-25 Medical Examiners on the basis of the degree "Doctor of Medicine"; 4-1 Doctor of Osteopathy: One licensed by the Texas State Board 4-2 of Medical Examiners on the basis of the degree of "Doctor of 4-3 Osteopathy"; 4-4 Doctor of Dentistry: One licensed by the State Board of 4-5 Dental Examiners; 4-6 Doctor of Chiropractic: One licensed by the Texas Board of 4-7 Chiropractic Examiners; 4-8 Doctor of Optometry: One licensed by the Texas Optometry 4-9 Board; 4-10 Doctor of Podiatry: One licensed by the Texas State Board of 4-11 Podiatric Medical Examiners; 4-12 Licensed Audiologist: One with a master's or doctorate 4-13 degree in audiology from an accredited college or university and 4-14 who is licensed as an audiologist by the State Board of Examiners 4-15 for Speech-Language Pathology and Audiology; 4-16 Licensed Speech-language Pathologist: One with a master's or 4-17 doctorate degree in speech pathology or speech-language pathology 4-18 from an accredited college or university and who is licensed as a 4-19 speech-language pathologist by the State Board of Examiners for 4-20 Speech-Language Pathology and Audiology; 4-21 Doctor in Psychology: One licensed by the Texas State Board 4-22 of Examiners of Psychologists and certified as a Health Service 4-23 Provider; 4-24 Licensed Master Social Worker--Advanced Clinical 4-25 Practitioner: One licensed by the Texas State Board of Social 5-1 Worker Examiners as a Licensed Master Social Worker with the order 5-2 of recognition of Advanced Clinical Practitioner; 5-3 Licensed Dietitian: One licensed by the Texas State Board of 5-4 Examiners of Dietitians; 5-5 Licensed Professional Counselor: One licensed by the Texas 5-6 State Board of Examiners of Professional Counselors; 5-7 Licensed Marriage and Family Therapist: One licensed by the 5-8 Texas State Board of Examiners of Marriage and Family Therapists; 5-9 Licensed Chemical Dependency Counselor: One licensed by the 5-10 Texas Commission on Alcohol and Drug Abuse; 5-11 Licensed Hearing Aid Fitter and Dispenser: One licensed by 5-12 the Texas Committee of Examiners in the Fitting and Dispensing of 5-13 Hearing Instruments; 5-14 Licensed Occupational Therapist: One licensed by the Texas 5-15 Board of Occupational Therapy Examiners; 5-16 Licensed Physical Therapist: One licensed by the Texas Board 5-17 of Physical Therapy Examiners; 5-18 Advanced Practice Nurse: One licensed by the Board of Nurse 5-19 Examiners as a registered nurse and recognized by that board as an 5-20 advanced practice nurse; 5-21 Physician Assistant: One licensed by the Texas State Board 5-22 of Physician Assistant Examiners; and 5-23 Licensed Psychological Associate: One licensed by the Texas 5-24 State Board of Examiners of Psychologists and practicing under the 5-25 supervision of a licensed psychologist unless providing services 6-1 permitted without supervision by a second specialty license issued 6-2 by the board. 6-3 SECTION 3. Section 1, Article 21.52, Insurance Code, is 6-4 amended to read as follows: 6-5 Sec. 1. DEFINITIONS. As used in this article: 6-6 (a) "health insurance policy" means any individual, group, 6-7 blanket, or franchise insurance policy, insurance agreement, or 6-8 group hospital service contract, providing benefits for medical or 6-9 surgical expenses incurred as a result of an accident or sickness; 6-10 (b) "doctor of podiatric medicine" includes D.P.M., 6-11 podiatrist, doctor of surgical chiropody, D.S.C. and chiropodist; 6-12 (c) "doctor of optometry" includes optometrist, doctor of 6-13 optometry, and O.D.; 6-14 (d) "doctor of chiropractic" means a person who is licensed 6-15 by the Texas Board of Chiropractic Examiners to practice 6-16 chiropractic; 6-17 (e) "licensed dentist" means a person who is licensed to 6-18 practice dentistry by the State Board of Dental Examiners; 6-19 (f) "licensed audiologist" means a person who has received a 6-20 master's or doctorate degree in audiology from an accredited 6-21 college or university and is licensed as an audiologist by the 6-22 State Committee of Examiners for Speech-Language Pathology and 6-23 Audiology; 6-24 (g) "licensed speech-language pathologist" means a person 6-25 who has received a master's or doctorate degree in speech-language 7-1 pathology from an accredited college or university and is licensed 7-2 as a speech-language pathologist by the State Committee of 7-3 Examiners for Speech-Language Pathology and Audiology; 7-4 (h) "licensed master social worker--advanced clinical 7-5 practitioner" means a person who is licensed by the Texas State 7-6 Board of Social Worker Examiners as a licensed master social worker 7-7 with the order of recognition of advanced clinical practitioner; 7-8 (i) "licensed dietitian" means a person who is licensed by 7-9 the Texas State Board of Examiners of Dietitians; 7-10 (j) "licensed professional counselor" means a person who is 7-11 licensed by the Texas State Board of Examiners of Professional 7-12 Counselors; 7-13 (k) "psychologist" means a person licensed to practice 7-14 psychology by the Texas State Board of Examiners of Psychologists; 7-15 (l) "licensed marriage and family therapist" means a person 7-16 who is licensed by the Texas State Board of Examiners of Marriage 7-17 and Family Therapists; 7-18 (m) "licensed chemical dependency counselor" means a person 7-19 who is licensed by the Texas Commission on Alcohol and Drug Abuse; 7-20 (n) "licensed hearing aid fitter and dispenser" means a 7-21 person who is licensed by the Texas Board of Examiners in the 7-22 Fitting and Dispensing of Hearing Aids; 7-23 (o) "licensed psychological associate" means a person who is 7-24 licensed by the Texas State Board of Examiners of Psychologists and 7-25 who practices under the supervision of a licensed psychologist 8-1 unless providing services permitted without supervision by a second 8-2 specialty license issued by the board; 8-3 (p) "occupational therapist" means a person who is licensed 8-4 to practice occupational therapy by the Texas Board of Occupational 8-5 Therapy Examiners; and 8-6 (q) "physical therapist" means a person who practices 8-7 physical therapy and is licensed by the Texas Board of Physical 8-8 Therapy Examiners. 8-9 SECTION 4. (1) A person may be licensed as a licensed 8-10 specialist in developmental psychology without examination if the 8-11 person applies on or before September 1, 2000, and if the person: 8-12 (a) is licensed in good standing by the Texas State Board of 8-13 Examiners of Psychologists; and 8-14 (b) has three years or 3,000 hours of professional 8-15 experience working with persons with developmental disabilities or 8-16 mental retardation in a public or private setting, including but 8-17 not limited to state agencies, public schools, rehabilitation 8-18 facilities, sheltered living or vocational settings, and privately 8-19 funded settings and services. 8-20 (2) A person may be licensed as a licensed specialist 8-21 in developmental psychology if the person applies on or before 8-22 September 1, 2000, and if the person: 8-23 (a) holds at least a masters degree from a 8-24 regionally accredited institution of higher education; 8-25 (b) has three years or 3,000 hours of 9-1 professional experience working with persons with developmental 9-2 disabilities or mental retardation in a public or private setting, 9-3 including, but not limited to, state agencies, public schools, 9-4 rehabilitation facilities, sheltered living or vocational settings, 9-5 and privately funded settings and services; and 9-6 (c) receives a passing score on written 9-7 examinations required by the board. 9-8 SECTION 5. This Act takes effect September 1, 1999. 9-9 SECTION 6. The importance of this legislation and the 9-10 crowded condition of the calendars in both houses create an 9-11 emergency and an imperative public necessity that the 9-12 constitutional rule requiring bills to be read on three several 9-13 days in each house be suspended, and this rule is hereby suspended.