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.