By:  Madla                                             S.B. No. 413
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the regulation of the practice of marriage and family
 1-2     therapy.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 2, Licensed Marriage and Family Therapist
 1-5     Act (Article 4512c-1, Vernon's Texas Civil Statutes), is amended by
 1-6     adding Subdivision (6) to read as follows:
 1-7                 (6)  "Licensed marriage and family therapist associate"
 1-8     means an individual who offers to provide marriage and family
 1-9     therapy for compensation under the supervision of a board-approved
1-10     supervisor.
1-11           SECTION 2.  Subsection (b), Section 15, Licensed Marriage and
1-12     Family Therapist Act (Article 4512c-1, Vernon's Texas Civil
1-13     Statutes), is amended to read as follows:
1-14           (b)  A person who is not licensed under this Act may not:
1-15                 (1)  use the title "Licensed Marriage and Family
1-16     Therapist" or "Licensed Marriage and Family Therapist Associate,"
1-17     as appropriate; or
1-18                 (2)  use any title that would imply licensure or
1-19     certification in marriage and family therapy except to the extent
1-20     that the person is authorized by law to perform marriage and family
1-21     therapy within the course and scope of another license issued under
1-22     the laws of this state.
1-23           SECTION 3.  Section 17, Licensed Marriage and Family
1-24     Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
 2-1     amended to read as follows:
 2-2           Sec. 17.  LICENSE APPLICATION.  (a)  An applicant for a
 2-3     license under this Act must file a written application with the
 2-4     board on a form prescribed by the board, accompanied by the
 2-5     appropriate application fee.
 2-6           (b)  A person is eligible to apply for a license as a
 2-7     licensed marriage and family therapist associate if the person:
 2-8                 (1)  is at least 18 years of age;
 2-9                 (2)  has completed a graduate internship in marriage
2-10     and family therapy, or an equivalent internship, as approved by the
2-11     board;
2-12                 (3)  has passed an examination determined by the board;
2-13                 (4)  holds a master's or doctorate degree in marriage
2-14     and family therapy or a master's or doctorate degree in a related
2-15     mental health field with coursework and training determined by the
2-16     board to be substantially equivalent to a graduate degree in
2-17     marriage and family therapy from a regionally accredited
2-18     institution of higher education or an institution of higher
2-19     education approved by the board;
2-20                 (5) [(3)  after receipt of a degree meeting the
2-21     requirements of Subdivision (2) of this subsection, has completed
2-22     two years of work experience in marriage and family therapist
2-23     services that must:]
2-24                       [(A)  include at least 1,000 hours of direct
2-25     clinical services to individuals, couples, or families, of which at
2-26     least 500 hours must be direct clinical services to couples or
 3-1     families; and]
 3-2                       [(B)  be supervised in a manner acceptable to the
 3-3     board, including at least 200 hours of supervision of the provision
 3-4     of direct clinical services by the applicant of which at least 100
 3-5     hours must be supervised on an individual basis;]
 3-6                 [(4)]  is of good moral character;
 3-7                 (6) [(5)]  has not been convicted of a felony or a
 3-8     crime involving moral turpitude;
 3-9                 (7) [(6)]  does not use drugs or alcohol to an extent
3-10     that affects the applicant's professional competency;
3-11                 (8) [(7)]  has not had a license or certification
3-12     revoked by a licensing agency or by a certifying professional
3-13     organization; and
3-14                 (9) [(8)]  has not been guilty of fraud or deceit in
3-15     making the application.
3-16           (c)  An applicant for a license as a licensed marriage and
3-17     family therapist associate under Subsection (b) of this section
3-18     [who is not asking the board to waive the examination requirement]
3-19     shall file an application not later than the 90th day before the
3-20     date of the examination that the applicant intends to take.
3-21           (d)  An applicant is eligible to apply for a license as a
3-22     licensed marriage and family therapist if the person:
3-23                 (1)  holds a license as a marriage and family therapist
3-24     associate;
3-25                 (2)  meets the requirements of Subsections (b)(5)-(9)
3-26     of this section; and
 4-1                 (3)  after receipt of a degree described by Subsection
 4-2     (b)(4) of this section, has completed two years of work experience
 4-3     in marriage and family therapist services that includes at least
 4-4     3,000 hours of clinical practice of which:
 4-5                       (A)  at least 1,500 hours consist of direct
 4-6     clinical services; and
 4-7                       (B)  at least 750 hours consist of direct
 4-8     clinical services to couples or families.
 4-9           (e)  The clinical hours required under Subsection (d) of this
4-10     section must be supervised in a manner acceptable to the board,
4-11     including at least 200 hours of supervision of the provision of
4-12     direct clinical services by the applicant of which at least 100
4-13     hours must be supervised on an individual basis.
4-14           SECTION 4.  Section 18, Licensed Marriage and Family
4-15     Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
4-16     amended to read as follows:
4-17           Sec. 18.  APPLICATION REVIEW.  (a)  The board shall
4-18     investigate each application and other evidence submitted.
4-19           (b)  Except as provided by Subsection (c) of this section,
4-20     not later than the 90th [30th] day after [before] the date of
4-21     receipt of a completed application for a license as a licensed
4-22     marriage and family therapist associate [the examination], the
4-23     board shall notify each applicant whether the application has been
4-24     accepted or rejected.
4-25           (c)  An applicant for a license as a licensed marriage and
4-26     family therapist associate is eligible to take the examination if
 5-1     the applicant:
 5-2                 (1)  is enrolled in a graduate internship described by
 5-3     Section 17(b)(2) of this Act and provides proof to the board that
 5-4     the applicant is a student in good standing in an educational
 5-5     program described by Section 17(b)(4) of this Act; or
 5-6                 (2)  has completed the internship described by
 5-7     Subdivision (1) of this subsection but has not graduated from an
 5-8     educational program described by Section 17(b)(4) of this Act. [Not
 5-9     later than the 90th day after the date of receipt of a completed
5-10     application from a person seeking licensure without examination or
5-11     under Section 30 of this Act, the board shall notify the applicant
5-12     that:]
5-13                 [(1)  the applicant may be licensed without
5-14     examination;]
5-15                 [(2)  an examination is required; or]
5-16                 [(3)  the application is rejected.]
5-17           (d)  [A notice under Subsection (c) of this section to an
5-18     applicant who is required to take an examination must state the
5-19     reason for requiring the examination, the time and manner of
5-20     conducting the examination, and the acts required of the applicant
5-21     in connection with the examination.]
5-22           [(e)]  A notice that an application is rejected must state
5-23     the reason for the rejection.
5-24           SECTION 5.  Subsection (a), Section 19, Licensed Marriage and
5-25     Family Therapist Act (Article 4512c-1, Vernon's Texas Civil
5-26     Statutes), is amended to read as follows:
 6-1           (a)  Each [Unless exempted from the examination requirement
 6-2     under Section 30 of this Act or by a determination of the board
 6-3     based on the applicant's education and professional experience,
 6-4     each] applicant for a license as a licensed marriage and family
 6-5     therapist associate under this Act must pass an examination
 6-6     prescribed by the board.  The board shall have the written portion
 6-7     of the examination, if any, validated by an independent testing
 6-8     professional.  The examination may be composed of:
 6-9                 (1)  a written examination;
6-10                 (2)  a field examination, through questionnaires
6-11     answered by the applicant's instructors, employers, supervisors, or
6-12     other persons who are competent in the judgment of the board to
6-13     assess the applicant's professional ability, and that may include
6-14     written case studies and taped interviews;
6-15                 (3)  an oral examination; or
6-16                 (4)  any combination of those examinations.
6-17           SECTION 6.  Subsection (a), Section 20, Licensed Marriage and
6-18     Family Therapist Act (Article 4512c-1, Vernon's Texas Civil
6-19     Statutes), is amended to read as follows:
6-20           (a)  The board shall issue a license as a licensed marriage
6-21     and family therapist or licensed marriage and family therapist
6-22     associate, as [an] appropriate, [license] to an individual who
6-23     possesses the necessary requirements, passes the licensing
6-24     examination, unless exempted from the examination requirement by
6-25     the board, and pays the required fees.
6-26           SECTION 7.  The Licensed Marriage and Family Therapist Act
 7-1     (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
 7-2     adding Section 22A to read as follows:
 7-3           Sec. 22A.  WAIVER OF EXAMINATION FOR CERTAIN APPLICANTS.
 7-4     (a)  The board may waive the requirement that an applicant for a
 7-5     license as a licensed marriage and family therapist pass the
 7-6     examination required by Section 19 of this Act if the applicant:
 7-7                 (1)  is a provisional license holder under Section 22
 7-8     of this Act, and the board determines the applicant possesses
 7-9     sufficient education and professional experience to receive a
7-10     license without further examination; or
7-11                 (2)  holds a license issued by another licensing agency
7-12     in this state in a profession related to the practice of marriage
7-13     and family therapy, and the board determines that the applicant
7-14     possesses sufficient education and professional experience to
7-15     receive a license without satisfying the examination requirements
7-16     of this Act.
7-17           (b)  The board may adopt rules necessary to administer this
7-18     section, including rules under Subsection (a)(2) of this section
7-19     prescribing the professions that are related to the practice of
7-20     marriage and family therapy.
7-21           SECTION 8.  (a)  This Act takes effect September 1, 1999.
7-22           (b)  The change in law made by this Act applies only to an
7-23     applicant for a license who enrolls in a graduate internship in
7-24     marriage and family therapy, or an equivalent internship as
7-25     determined by the Texas State Board of Examiners of Marriage and
7-26     Family Therapists, on or after the effective date of this Act.  An
 8-1     applicant who enrolled in a graduate internship before the
 8-2     effective date of this Act is governed by the law in effect on the
 8-3     date the applicant enrolled, and the former law is continued in
 8-4     effect for that purpose.
 8-5           (c)  The change in law made by this Act does not affect a
 8-6     person who holds a license issued by the Texas State Board of
 8-7     Examiners of Marriage and Family Therapists before the effective
 8-8     date of this Act.
 8-9           SECTION 9.  The importance of this legislation and the
8-10     crowded condition of the calendars in both houses create an
8-11     emergency and an imperative public necessity that the
8-12     constitutional rule requiring bills to be read on three several
8-13     days in each house be suspended, and this rule is hereby suspended.