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.