1-1 By: Madla S.B. No. 413
1-2 (In the Senate - Filed February 5, 1999; February 8, 1999,
1-3 read first time and referred to Committee on Health Services;
1-4 March 1, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; March 1, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 413 By: Madla
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of the practice of marriage and family
1-11 therapy.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 2, Licensed Marriage and Family Therapist
1-14 Act (Article 4512c-1, Vernon's Texas Civil Statutes), is amended by
1-15 adding Subdivision (6) to read as follows:
1-16 (6) "Licensed marriage and family therapist associate"
1-17 means an individual who offers to provide marriage and family
1-18 therapy for compensation under the supervision of a board-approved
1-19 supervisor.
1-20 SECTION 2. Subsection (b), Section 15, Licensed Marriage and
1-21 Family Therapist Act (Article 4512c-1, Vernon's Texas Civil
1-22 Statutes), is amended to read as follows:
1-23 (b) A person who is not licensed under this Act may not:
1-24 (1) use the title "Licensed Marriage and Family
1-25 Therapist" or "Licensed Marriage and Family Therapist Associate,"
1-26 as appropriate; or
1-27 (2) use any title that would imply licensure or
1-28 certification in marriage and family therapy except to the extent
1-29 that the person is authorized by law to perform marriage and family
1-30 therapy within the course and scope of another license issued under
1-31 the laws of this state.
1-32 SECTION 3. Section 17, Licensed Marriage and Family
1-33 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
1-34 amended to read as follows:
1-35 Sec. 17. LICENSE APPLICATION. (a) An applicant for a
1-36 license under this Act must file a written application with the
1-37 board on a form prescribed by the board, accompanied by the
1-38 appropriate application fee.
1-39 (b) A person is eligible to apply for a license as a
1-40 licensed marriage and family therapist associate if the person:
1-41 (1) is at least 18 years of age;
1-42 (2) has completed a graduate internship in marriage
1-43 and family therapy, or an equivalent internship, as approved by the
1-44 board;
1-45 (3) has passed an examination determined by the board;
1-46 (4) holds a master's or doctorate degree in marriage
1-47 and family therapy or a master's or doctorate degree in a related
1-48 mental health field with coursework and training determined by the
1-49 board to be substantially equivalent to a graduate degree in
1-50 marriage and family therapy from a regionally accredited
1-51 institution of higher education or an institution of higher
1-52 education approved by the board;
1-53 (5) [(3) after receipt of a degree meeting the
1-54 requirements of Subdivision (2) of this subsection, has completed
1-55 two years of work experience in marriage and family therapist
1-56 services that must:]
1-57 [(A) include at least 1,000 hours of direct
1-58 clinical services to individuals, couples, or families, of which at
1-59 least 500 hours must be direct clinical services to couples or
1-60 families; and]
1-61 [(B) be supervised in a manner acceptable to the
1-62 board, including at least 200 hours of supervision of the provision
1-63 of direct clinical services by the applicant of which at least 100
1-64 hours must be supervised on an individual basis;]
2-1 [(4)] is of good moral character;
2-2 (6) [(5)] has not been convicted of a felony or a
2-3 crime involving moral turpitude;
2-4 (7) [(6)] does not use drugs or alcohol to an extent
2-5 that affects the applicant's professional competency;
2-6 (8) [(7)] has not had a license or certification
2-7 revoked by a licensing agency or by a certifying professional
2-8 organization; and
2-9 (9) [(8)] has not been guilty of fraud or deceit in
2-10 making the application.
2-11 (c) An applicant for a license as a licensed marriage and
2-12 family therapist associate under Subsection (b) of this section
2-13 [who is not asking the board to waive the examination requirement]
2-14 shall file an application not later than the 90th day before the
2-15 date of the examination that the applicant intends to take.
2-16 (d) An applicant is eligible to apply for a license as a
2-17 licensed marriage and family therapist if the person:
2-18 (1) holds a license as a marriage and family therapist
2-19 associate;
2-20 (2) meets the requirements of Subsections (b)(5)-(9)
2-21 of this section; and
2-22 (3) after receipt of a degree described by Subsection
2-23 (b)(4) of this section, has completed two years of work experience
2-24 in marriage and family therapist services that includes at least
2-25 3,000 hours of clinical practice of which:
2-26 (A) at least 1,500 hours consist of direct
2-27 clinical services; and
2-28 (B) at least 750 hours consist of direct
2-29 clinical services to couples or families.
2-30 (e) The clinical hours required under Subsection (d) of this
2-31 section must be supervised in a manner acceptable to the board,
2-32 including at least 200 hours of supervision of the provision of
2-33 direct clinical services by the applicant of which at least 100
2-34 hours must be supervised on an individual basis.
2-35 SECTION 4. Section 18, Licensed Marriage and Family
2-36 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
2-37 amended to read as follows:
2-38 Sec. 18. APPLICATION REVIEW. (a) The board shall
2-39 investigate each application and other evidence submitted.
2-40 (b) Except as provided by Subsection (c) of this section,
2-41 not later than the 90th [30th] day after [before] the date of
2-42 receipt of a completed application for a license as a licensed
2-43 marriage and family therapist associate [the examination], the
2-44 board shall notify each applicant whether the application has been
2-45 accepted or rejected.
2-46 (c) An applicant for a license as a licensed marriage and
2-47 family therapist associate is eligible to take the examination if
2-48 the applicant:
2-49 (1) is enrolled in a graduate internship described by
2-50 Section 17(b)(2) of this Act and provides proof to the board that
2-51 the applicant is a student in good standing in an educational
2-52 program described by Section 17(b)(4) of this Act; or
2-53 (2) has completed the internship described by
2-54 Subdivision (1) of this subsection but has not graduated from an
2-55 educational program described by Section 17(b)(4) of this Act. [Not
2-56 later than the 90th day after the date of receipt of a completed
2-57 application from a person seeking licensure without examination or
2-58 under Section 30 of this Act, the board shall notify the applicant
2-59 that:]
2-60 [(1) the applicant may be licensed without
2-61 examination;]
2-62 [(2) an examination is required; or]
2-63 [(3) the application is rejected.]
2-64 (d) [A notice under Subsection (c) of this section to an
2-65 applicant who is required to take an examination must state the
2-66 reason for requiring the examination, the time and manner of
2-67 conducting the examination, and the acts required of the applicant
2-68 in connection with the examination.]
2-69 [(e)] A notice that an application is rejected must state
3-1 the reason for the rejection.
3-2 SECTION 5. Subsection (a), Section 19, Licensed Marriage and
3-3 Family Therapist Act (Article 4512c-1, Vernon's Texas Civil
3-4 Statutes), is amended to read as follows:
3-5 (a) Each [Unless exempted from the examination requirement
3-6 under Section 30 of this Act or by a determination of the board
3-7 based on the applicant's education and professional experience,
3-8 each] applicant for a license as a licensed marriage and family
3-9 therapist associate under this Act must pass an examination
3-10 prescribed by the board. The board shall have the written portion
3-11 of the examination, if any, validated by an independent testing
3-12 professional. The examination may be composed of:
3-13 (1) a written examination;
3-14 (2) a field examination, through questionnaires
3-15 answered by the applicant's instructors, employers, supervisors, or
3-16 other persons who are competent in the judgment of the board to
3-17 assess the applicant's professional ability, and that may include
3-18 written case studies and taped interviews;
3-19 (3) an oral examination; or
3-20 (4) any combination of those examinations.
3-21 SECTION 6. Subsection (a), Section 20, Licensed Marriage and
3-22 Family Therapist Act (Article 4512c-1, Vernon's Texas Civil
3-23 Statutes), is amended to read as follows:
3-24 (a) The board shall issue a license as a licensed marriage
3-25 and family therapist or licensed marriage and family therapist
3-26 associate, as [an] appropriate, [license] to an individual who
3-27 possesses the necessary requirements, passes the licensing
3-28 examination, unless exempted from the examination requirement by
3-29 the board, and pays the required fees.
3-30 SECTION 7. The Licensed Marriage and Family Therapist Act
3-31 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
3-32 adding Section 22A to read as follows:
3-33 Sec. 22A. WAIVER OF EXAMINATION FOR CERTAIN APPLICANTS.
3-34 (a) The board may waive the requirement that an applicant for a
3-35 license as a licensed marriage and family therapist pass the
3-36 examination required by Section 19 of this Act if the applicant:
3-37 (1) is a provisional license holder under Section 22
3-38 of this Act, and the board determines the applicant possesses
3-39 sufficient education and professional experience to receive a
3-40 license without further examination; or
3-41 (2) holds a license issued by another licensing agency
3-42 in this state in a profession related to the practice of marriage
3-43 and family therapy, and the board determines that the applicant
3-44 possesses sufficient education and professional experience to
3-45 receive a license without satisfying the examination requirements
3-46 of this Act.
3-47 (b) The board may adopt rules necessary to administer this
3-48 section, including rules under Subsection (a)(2) of this section
3-49 prescribing the professions that are related to the practice of
3-50 marriage and family therapy.
3-51 SECTION 8. (a) This Act takes effect September 1, 1999.
3-52 (b) The change in law made by this Act applies only to an
3-53 applicant for a license who enrolls in a graduate internship in
3-54 marriage and family therapy, or an equivalent internship as
3-55 determined by the Texas State Board of Examiners of Marriage and
3-56 Family Therapists, on or after the effective date of this Act. An
3-57 applicant who enrolled in a graduate internship before the
3-58 effective date of this Act is governed by the law in effect on the
3-59 date the applicant enrolled, and the former law is continued in
3-60 effect for that purpose.
3-61 (c) The change in law made by this Act does not affect a
3-62 person who holds a license issued by the Texas State Board of
3-63 Examiners of Marriage and Family Therapists before the effective
3-64 date of this Act.
3-65 SECTION 9. The importance of this legislation and the
3-66 crowded condition of the calendars in both houses create an
3-67 emergency and an imperative public necessity that the
3-68 constitutional rule requiring bills to be read on three several
3-69 days in each house be suspended, and this rule is hereby suspended.
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