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.