HBA-NRS H.B. 410 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 410 By: Maxey Public Health 2/8/2001 Introduced BACKGROUND AND PURPOSE When consumers select a psychologist for their mental health care they sometimes depend on word of mouth or information provided by their insurance company. Background information on a psychologist such as education, any specialty certification held, and whether the psychologist has a criminal history or has paid a malpractice claim might help consumers to make an informed, objective selection of a psychologist. House Bill 410 requires the Texas State Board of Examiners of Psychologists to create and make available to the public profiles containing such information about psychologists licensed in the state of Texas. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas State Board of Examiners of Psychologists in SECTION 1 (Section 501.207, Occupations Code) and SECTION 2 of this bill. ANALYSIS House Bill 410 amends the Occupations Code to require the Texas State Board of Examiners of Psychologists (board) to create and make available to the public a profile of each psychologist. The bill specifies the information to be contained in the profile, including information regarding the psychologist's practice, education, any specialty certification, and a description of any criminal or disciplinary charges against the psychologist. The bill prohibits the board from disclosing a pending malpractice claim or complaint to the public, but does not prevent the board from investigating and disciplining a psychologist on the basis of such a complaint. The bill does not require the board to disclose confidential settlement information. The bill does not prevent the board from providing explanatory information regarding the significance of categories of reported malpractice settlements. The bill requires the board to obtain additional information from a psychologist at the time the psychologist renews the psychologist's license. The bill requires the board to inform the psychologist that it is mandatory to provide profile information, to disclose the date the information will be made available to the public, and instruct the psychologist that on request, the board is required to provide a psychologist with a copy of the psychologist's profile. The bill requires the board to provide the psychologist one month from the date the copy is provided to correct factual errors in the psychologist's profile. The bill requires the board to update profile information annually, and to adopt a form that allows a psychologist to update the profile information. The bill requires the form to be made available on the Internet and in other formats as prescribed by board rule. The bill authorizes the board to adopt rules concerning the type and content of additional information that may be included in a psychologist's profile. The bill requires the board to adopt rules under these provisions not later than April 1, 2002. The board is required to make available to the public the initial psychologist profiles not later than September 1, 2003. The board is required to raise fees in an amount not to exceed $20 for each fiscal year in the 2002-2003 biennium and not to exceed $10 for each fiscal year in the 2004-2005 biennium for each psychologist licensed by the board to cover the costs of administering the changes in law made by this Act. The bill requires the board to reduce any increased fees not later than the second anniversary of the date the initial psychologist profiles are made available to the public to the extent the increase in fee amounts was necessary to cover the initial costs incurred by the board in establishing a psychologist profile system. EFFECTIVE DATE September 1, 2001.