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.