76R10354 JMM-F
By Madla S.B. No. 413
Substitute the following for S.B. No. 413:
By Uresti C.S.S.B. No. 413
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of marriage and family
1-3 therapy.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Licensed Marriage and Family Therapist
1-6 Act (Article 4512c-1, Vernon's Texas Civil Statutes), is amended by
1-7 adding Subdivision (6) to read as follows:
1-8 (6) "Licensed marriage and family therapist associate"
1-9 means an individual who offers to provide marriage and family
1-10 therapy for compensation under the supervision of a board-approved
1-11 supervisor.
1-12 SECTION 2. Section 15(b), Licensed Marriage and Family
1-13 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
1-14 amended to read as follows:
1-15 (b) A person who is not licensed under this Act may not:
1-16 (1) use the title "Licensed Marriage and Family
1-17 Therapist" or "Licensed Marriage and Family Therapist Associate,"
1-18 as appropriate; or
1-19 (2) use any title that would imply licensure or
1-20 certification in marriage and family therapy except to the extent
1-21 that the person is authorized by law to perform marriage and family
1-22 therapy within the course and scope of another license issued under
1-23 the laws of this state.
1-24 SECTION 3. Section 17, Licensed Marriage and Family
2-1 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
2-2 amended to read as follows:
2-3 Sec. 17. LICENSE APPLICATION. (a) An applicant for a
2-4 license under this Act must file a written application with the
2-5 board on a form prescribed by the board, accompanied by the
2-6 appropriate application fee.
2-7 (b) A person is eligible to apply for a license as a
2-8 licensed marriage and family therapist associate if the person:
2-9 (1) is at least 18 years of age;
2-10 (2) has completed a graduate internship in marriage
2-11 and family therapy, or an equivalent internship, as approved by the
2-12 board;
2-13 (3) has passed an examination determined by the board;
2-14 (4) holds a master's or doctorate degree in marriage
2-15 and family therapy or a master's or doctorate degree in a related
2-16 mental health field with coursework and training determined by the
2-17 board to be substantially equivalent to a graduate degree in
2-18 marriage and family therapy from a regionally accredited
2-19 institution of higher education or an institution of higher
2-20 education approved by the board;
2-21 (5) [(3) after receipt of a degree meeting the
2-22 requirements of Subdivision (2) of this subsection, has completed
2-23 two years of work experience in marriage and family therapist
2-24 services that must:]
2-25 [(A) include at least 1,000 hours of direct
2-26 clinical services to individuals, couples, or families, of which at
2-27 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
3-27 in marriage and family therapist services that includes at least
4-1 3,000 hours of clinical practice of which:
4-2 (A) at least 1,500 hours consist of direct
4-3 clinical services; and
4-4 (B) at least 750 hours consist of direct
4-5 clinical services to couples or families; and
4-6 (3) has completed, in a manner acceptable to the
4-7 board, at least 200 hours of supervised provision of direct
4-8 clinical services by the applicant of which at least 100 hours must
4-9 be supervised on an individual basis.
4-10 SECTION 4. Section 18, Licensed Marriage and Family
4-11 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
4-12 amended to read as follows:
4-13 Sec. 18. APPLICATION REVIEW. (a) The board shall
4-14 investigate each application and other evidence submitted.
4-15 (b) Except as provided by Subsection (c) of this section,
4-16 not later than the 90th [30th] day after [before] the date of
4-17 receipt of a completed application for a license as a licensed
4-18 marriage and family therapist associate [the examination], the
4-19 board shall notify each applicant whether the application has been
4-20 accepted or rejected.
4-21 (c) An applicant for a license as a licensed marriage and
4-22 family therapist associate is eligible to take the examination if
4-23 the applicant:
4-24 (1) is enrolled in a graduate internship described by
4-25 Section 17(b)(2) of this Act and provides proof to the board that
4-26 the applicant is a student in good standing in an educational
4-27 program described by Section 17(b)(4) of this Act; or
5-1 (2) has completed the internship described by
5-2 Subdivision (1) of this subsection. [Not later than the 90th day
5-3 after the date of receipt of a completed application from a person
5-4 seeking licensure without examination or under Section 30 of this
5-5 Act, the board shall notify the applicant that:]
5-6 [(1) the applicant may be licensed without
5-7 examination;]
5-8 [(2) an examination is required; or]
5-9 [(3) the application is rejected.]
5-10 (d) [A notice under Subsection (c) of this section to an
5-11 applicant who is required to take an examination must state the
5-12 reason for requiring the examination, the time and manner of
5-13 conducting the examination, and the acts required of the applicant
5-14 in connection with the examination.]
5-15 [(e)] A notice that an application is rejected must state
5-16 the reason for the rejection.
5-17 SECTION 5. Section 19(a), Licensed Marriage and Family
5-18 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
5-19 amended to read as follows:
5-20 (a) Each [Unless exempted from the examination requirement
5-21 under Section 30 of this Act or by a determination of the board
5-22 based on the applicant's education and professional experience,
5-23 each] applicant for a license under this Act must pass an
5-24 examination described by Section 17(b)(3) of this Act [prescribed
5-25 by the board]. The board shall have the written portion of the
5-26 examination, if any, validated by an independent testing
5-27 professional. The examination may be composed of:
6-1 (1) a written examination;
6-2 (2) a field examination, through questionnaires
6-3 answered by the applicant's instructors, employers, supervisors, or
6-4 other persons who are competent in the judgment of the board to
6-5 assess the applicant's professional ability, and that may include
6-6 written case studies and taped interviews;
6-7 (3) an oral examination; or
6-8 (4) any combination of those examinations.
6-9 SECTION 6. Section 20(a), Licensed Marriage and Family
6-10 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
6-11 amended to read as follows:
6-12 (a) The board shall issue a license as a licensed marriage
6-13 and family therapist or licensed marriage and family therapist
6-14 associate, as [an] appropriate, [license] to an individual who
6-15 possesses the necessary requirements, passes the licensing
6-16 examination, unless exempted from the examination requirement by
6-17 the board, and pays the required fees.
6-18 SECTION 7. The Licensed Marriage and Family Therapist Act
6-19 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
6-20 adding Section 22A to read as follows:
6-21 Sec. 22A. WAIVER OF EXAMINATION FOR CERTAIN APPLICANTS.
6-22 (a) The board may waive the requirement that an applicant for a
6-23 license as a licensed marriage and family therapist pass the
6-24 examination required by Section 19 of this Act if the applicant:
6-25 (1) is a provisional license holder under Section 22
6-26 of this Act, and the board determines the applicant possesses
6-27 sufficient education and professional experience to receive a
7-1 license without further examination; or
7-2 (2) holds a license issued by another licensing agency
7-3 in a profession related to the practice of marriage and family
7-4 therapy, and the board determines that the applicant possesses
7-5 sufficient education and professional experience to receive a
7-6 license without satisfying the examination requirements of this
7-7 Act.
7-8 (b) The board may adopt rules necessary to administer this
7-9 section, including rules under Subsection (a)(2) of this section
7-10 prescribing the professions that are related to the practice of
7-11 marriage and family therapy.
7-12 SECTION 8. (a) This Act takes effect September 1, 1999.
7-13 (b) The change in law made by this Act applies only to an
7-14 applicant for a license who enrolls in a graduate internship in
7-15 marriage and family therapy, or an equivalent internship as
7-16 determined by the Texas State Board of Examiners of Marriage and
7-17 Family Therapists, on or after the effective date of this Act. An
7-18 applicant who enrolled in a graduate internship before the
7-19 effective date of this Act is governed by the law in effect on the
7-20 date the applicant enrolled, and the former law is continued in
7-21 effect for that purpose.
7-22 (c) The change in law made by this Act does not affect a
7-23 person who holds a license issued by the Texas State Board of
7-24 Examiners of Marriage and Family Therapists before the effective
7-25 date of this Act.
7-26 SECTION 9. The importance of this legislation and the
7-27 crowded condition of the calendars in both houses create an
8-1 emergency and an imperative public necessity that the
8-2 constitutional rule requiring bills to be read on three several
8-3 days in each house be suspended, and this rule is hereby suspended.