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)  meets the requirements of Subsection (b) of this
3-24     section;
3-25                 (2)  after receipt of a degree described by Subsection
3-26     (b)(4) of this section, has completed two years of work experience
 4-1     in marriage and family therapist services that includes at least
 4-2     3,000 hours of clinical practice of which:
 4-3                       (A)  at least 1,500 hours consist of direct
 4-4     clinical services; and
 4-5                       (B)  at least 750 hours consist of direct
 4-6     clinical services to couples or families; and
 4-7                 (3)  has completed, in a manner acceptable to the
 4-8     board, at least 200 hours of supervised provision of direct
 4-9     clinical services by the applicant of which at least 100 hours must
4-10     be supervised on an individual basis.
4-11           SECTION 4.  Section 18, Licensed Marriage and Family
4-12     Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
4-13     amended to read as follows:
4-14           Sec. 18.  APPLICATION REVIEW.  (a)  The board shall
4-15     investigate each application and other evidence submitted.
4-16           (b)  Except as provided by Subsection (c) of this section,
4-17     not later than the 90th [30th] day after [before] the date of
4-18     receipt of a completed application for a license as a licensed
4-19     marriage and family therapist associate [the examination], the
4-20     board shall notify each applicant whether the application has been
4-21     accepted or rejected.
4-22           (c)  An applicant for a license as a licensed marriage and
4-23     family therapist associate is eligible to take the examination if
4-24     the applicant:
4-25                 (1)  is enrolled in a graduate internship described by
4-26     Section 17(b)(2) of this Act and provides proof to the board that
 5-1     the applicant is a student in good standing in an educational
 5-2     program described by Section 17(b)(4) of this Act; or
 5-3                 (2)  has completed the internship described by
 5-4     Subdivision (1) of this subsection. [Not later than the 90th day
 5-5     after the date of receipt of a completed application from a  person
 5-6     seeking licensure without examination or under Section 30 of this
 5-7     Act,  the board shall notify the applicant that:]
 5-8                 [(1)  the applicant may be licensed without
 5-9     examination;]
5-10                 [(2)  an examination is required; or]
5-11                 [(3)  the application is rejected.]
5-12           (d)  [A notice under Subsection (c) of this section to an
5-13     applicant who is required to take an examination must state the
5-14     reason for requiring the examination, the time and manner of
5-15     conducting the examination, and the acts required of the applicant
5-16     in connection with the examination.]
5-17           [(e)]  A notice that an application is rejected must state
5-18     the reason for the rejection.
5-19           SECTION 5.  Subsection (a), Section 19, Licensed Marriage and
5-20     Family Therapist Act (Article 4512c-1, Vernon's Texas Civil
5-21     Statutes), is amended to read as follows:
5-22           (a)  Each [Unless exempted from the examination requirement
5-23     under Section 30 of this Act or by a determination of the board
5-24     based on the applicant's education and professional experience,
5-25     each] applicant for a license under this Act must pass an
5-26     examination described by Section 17(b)(3) of this Act [prescribed
 6-1     by the board].  The board shall have the written portion of the
 6-2     examination, if any, validated by an independent testing
 6-3     professional.  The examination may be composed of:
 6-4                 (1)  a written examination;
 6-5                 (2)  a field examination, through questionnaires
 6-6     answered by the applicant's instructors, employers, supervisors, or
 6-7     other persons who are competent in the judgment of the board to
 6-8     assess the applicant's professional ability, and that may include
 6-9     written case studies and taped interviews;
6-10                 (3)  an oral examination; or
6-11                 (4)  any combination of those examinations.
6-12           SECTION 6.  Subsection (a), Section 20, Licensed Marriage and
6-13     Family Therapist Act (Article 4512c-1, Vernon's Texas Civil
6-14     Statutes), is amended to read as follows:
6-15           (a)  The board shall issue a license as a licensed marriage
6-16     and family therapist or licensed marriage and family therapist
6-17     associate, as [an] appropriate, [license] to an individual who
6-18     possesses the necessary requirements, passes the licensing
6-19     examination, unless exempted from the examination requirement by
6-20     the board, and pays the required fees.
6-21           SECTION 7.  The Licensed Marriage and Family Therapist Act
6-22     (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
6-23     adding Section 22A to read as follows:
6-24           Sec. 22A.  WAIVER OF EXAMINATION FOR CERTAIN APPLICANTS.
6-25     (a)  The board may waive the requirement that an applicant for a
6-26     license as a licensed marriage and family therapist pass the
 7-1     examination required by Section 19 of this Act if the applicant:
 7-2                 (1)  is a provisional license holder under Section 22
 7-3     of this Act, and the board determines the applicant possesses
 7-4     sufficient education and professional experience to receive a
 7-5     license without further examination; or
 7-6                 (2)  holds a license issued by another licensing agency
 7-7     in a profession related to the practice of marriage and family
 7-8     therapy, and the board determines that the applicant possesses
 7-9     sufficient education and professional experience to receive a
7-10     license without satisfying the examination requirements of this
7-11     Act.
7-12           (b)  The board may adopt rules necessary to administer this
7-13     section, including rules under Subsection (a)(2) of this section
7-14     prescribing the professions that are related to the practice of
7-15     marriage and family therapy.
7-16           SECTION 8.  (a)  This Act takes effect September 1, 1999.
7-17           (b)  The change in law made by this Act applies only to an
7-18     applicant for a license who enrolls in a graduate internship in
7-19     marriage and family therapy, or an equivalent internship as
7-20     determined by the Texas State Board of Examiners of Marriage and
7-21     Family Therapists, on or after the effective date of this Act.  An
7-22     applicant who enrolled in a graduate internship before the
7-23     effective date of this Act is governed by the law in effect on the
7-24     date the applicant enrolled, and the former law is continued in
7-25     effect for that purpose.
7-26           (c)  The change in law made by this Act does not affect a
 8-1     person who holds a license issued by the Texas State Board of
 8-2     Examiners of Marriage and Family Therapists before the effective
 8-3     date of this Act.
 8-4           SECTION 9.  The importance of this legislation and the
 8-5     crowded condition of the calendars in both houses create an
 8-6     emergency and an imperative public necessity that the
 8-7     constitutional rule requiring bills to be read on three several
 8-8     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 413 passed the Senate on
         March 11, 1999, by the following vote:  Yeas 31, Nays 0; and that
         the Senate concurred in House amendment on April 23, 1999, by a
         viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 413 passed the House, with
         amendment, on April 16, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor