By Maxey H.B. No. 410
77R2800 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to public access to certain information regarding
1-3 psychologists.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Chapter 501, Occupations Code, is
1-6 amended by adding Section 501.207 to read as follows:
1-7 Sec. 501.207. PSYCHOLOGIST PROFILES. (a) The board shall
1-8 create a profile of each psychologist. The profile must:
1-9 (1) include the information required by Subsection
1-10 (b); and
1-11 (2) be compiled in a format that permits the board to
1-12 make the information contained in the profile available to the
1-13 public.
1-14 (b) A profile must contain the following information on each
1-15 psychologist:
1-16 (1) a description of the doctoral degree described by
1-17 Section 501.255 that was conferred on the psychologist, including:
1-18 (A) the field in which the degree was conferred;
1-19 (B) the name of the educational institution that
1-20 conferred the degree; and
1-21 (C) the date the degree was conferred;
1-22 (2) any specialty certification held by the
1-23 psychologist and issued by the board;
1-24 (3) the number of years the psychologist has actively
2-1 practiced psychology in:
2-2 (A) the United States or Canada; and
2-3 (B) this state;
2-4 (4) the name of each hospital in this state in which
2-5 the psychologist has privileges;
2-6 (5) the psychologist's primary practice location;
2-7 (6) the type of language translating services,
2-8 including translating services for a person with impairment of
2-9 hearing, that the psychologist provides at the psychologist's
2-10 primary practice location;
2-11 (7) whether the psychologist participates in the
2-12 Medicaid program;
2-13 (8) a description of any conviction for a Class C
2-14 misdemeanor involving moral turpitude, a Class A or Class B
2-15 misdemeanor, or a felony during the 10-year period preceding the
2-16 date of the profile;
2-17 (9) a description of any charges reported to the board
2-18 during the 10-year period preceding the date of the profile to
2-19 which the psychologist has pleaded no contest, for which the
2-20 psychologist is the subject of deferred adjudication or pretrial
2-21 diversion, or in which sufficient facts of guilt were found and the
2-22 matter was continued by a court;
2-23 (10) a description of any disciplinary action against
2-24 the psychologist by the board during the 10-year period preceding
2-25 the date of the profile;
2-26 (11) a description of any disciplinary action against
2-27 the psychologist by a psychologist licensing board of another state
3-1 during the 10-year period preceding the date of the profile;
3-2 (12) whether the psychologist's patient service areas
3-3 are accessible to disabled persons, as defined by federal law; and
3-4 (13) a description of any complaint against the
3-5 psychologist filed with the board and the status of the complaint.
3-6 (c) Information required to be included under Subsection (b)
3-7 that is not maintained by the board in the ordinary course of the
3-8 board's duties shall be obtained from a psychologist at the time
3-9 the psychologist renews the psychologist's license. In requesting
3-10 information from the psychologist, the board shall:
3-11 (1) inform the psychologist that compliance with the
3-12 request for information is mandatory;
3-13 (2) inform the psychologist of the date the
3-14 information will be made available to the public; and
3-15 (3) instruct the psychologist about the requirements
3-16 under Subsection (f) for the psychologist to obtain a copy of the
3-17 psychologist's profile to make corrections.
3-18 (d) This section does not:
3-19 (1) prevent the board from providing explanatory
3-20 information regarding the significance of categories in which
3-21 malpractice settlements are reported; or
3-22 (2) require the board to disclose confidential
3-23 settlement information.
3-24 (e) A pending malpractice claim or complaint may not be
3-25 disclosed to the public by the board. This subsection does not
3-26 prevent the board from investigating and disciplining a
3-27 psychologist on the basis of a pending malpractice claim or
4-1 complaint.
4-2 (f) The board shall provide a psychologist with a copy of
4-3 the psychologist's profile if the psychologist requests a copy at
4-4 the time the psychologist renews the psychologist's license. If a
4-5 copy is requested by a psychologist, the board shall provide the
4-6 psychologist one month from the date the copy is provided to the
4-7 psychologist to correct factual errors in the psychologist's
4-8 profile.
4-9 (g) The board shall update the information contained in a
4-10 psychologist's profile annually. The board shall adopt a form that
4-11 allows a psychologist to update information contained in a
4-12 psychologist's profile. The form shall be made available on the
4-13 Internet and in other formats as prescribed by board rule. The
4-14 board may adopt rules concerning the type and content of additional
4-15 information that may be included in a psychologist's profile.
4-16 (h) The board shall adopt rules as necessary to implement
4-17 this section.
4-18 SECTION 2. (a) This Act takes effect September 1, 2001.
4-19 (b) The Texas State Board of Examiners of Psychologists
4-20 shall adopt rules under Section 501.207, Occupations Code, as added
4-21 by this Act, not later than April 1, 2002. The board shall make
4-22 the initial psychologist profiles required under this Act available
4-23 to the public not later than September 1, 2003.
4-24 (c) The Texas State Board of Examiners of Psychologists
4-25 shall raise fees prescribed by the board in an amount not to exceed
4-26 $20 for each fiscal year in the 2002-2003 biennium and not to
4-27 exceed $10 for each fiscal year in the 2004-2005 biennium for each
5-1 psychologist licensed by the board to cover the costs of
5-2 administering the changes in law made by this Act. The board shall
5-3 reduce any fees raised under this subsection not later than the
5-4 second anniversary of the date the initial psychologist profiles
5-5 required under this Act are made available to the public to the
5-6 extent the increase in fee amounts was necessary to cover the
5-7 initial costs incurred by the board in establishing a psychologist
5-8 profile system.