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.