By Maxey                                               H.B. No. 418
         77R1192 JMM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the requirement that certain mental health
 1-3     professionals provide pro bono services to indigent patients.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter G, Chapter 501, Occupations Code, is
 1-6     amended by adding Section 501.305 to read as follows:
 1-7           Sec. 501.305.  PRO BONO SERVICES. (a)  In this section:
 1-8                 (1)  "Pro bono psychological services to indigent
 1-9     persons" means psychological services provided without an
1-10     expectation of compensation:
1-11                       (A)  directly to an indigent person; or
1-12                       (B)  to a charitable public interest organization
1-13     that primarily addresses the needs of indigent persons.
1-14                 (2)  "Psychological services" has the meaning assigned
1-15     that term by Section 501.003.
1-16           (b)  The board shall establish a program requiring persons
1-17     licensed by the board to provide pro bono psychological services to
1-18     indigent persons.  To renew a license under this chapter, a license
1-19     holder must provide at least 50 hours of pro bono psychological
1-20     services to indigent persons during the 12 months preceding the
1-21     license expiration date.
1-22           (c)  The board may waive the requirements of Subsection (b)
1-23     for a license holder who provides proof to the board that the
1-24     person provided at least 500 hours of psychological services to
 2-1     persons who receive medical assistance under Chapter 32, Human
 2-2     Resources Code.
 2-3           (d)  The board shall adopt rules as necessary to administer
 2-4     the requirements of this section.
 2-5           SECTION 2. Subchapter G, Chapter 502, Occupations Code, is
 2-6     amended by adding Section 502.304 to read as follows:
 2-7           Sec. 502.304.  PRO BONO SERVICES. (a)  In this section, "pro
 2-8     bono marriage and family therapy services to indigent persons"
 2-9     means marriage and family therapy services provided without an
2-10     expectation of compensation:
2-11                 (1)  directly to an indigent person; or
2-12                 (2)  to a charitable public interest organization that
2-13     primarily addresses the needs of indigent persons.
2-14           (b)  The board shall establish a program requiring persons
2-15     licensed by the board to provide pro bono marriage and family
2-16     therapy services to indigent persons.  To renew a license under
2-17     this chapter, a license holder must provide at least 50 hours of
2-18     pro bono marriage and family therapy services to indigent persons
2-19     during the 12 months preceding the license expiration date.
2-20           (c)  The board may waive the requirements of Subsection (b)
2-21     for a license holder who provides proof to the board that the
2-22     person provided at least 500 hours of marriage and family therapy
2-23     services to  persons who receive medical assistance under Chapter
2-24     32, Human Resources Code.
2-25           (d)  The board shall adopt rules as necessary to administer
2-26     the requirements of this section.
2-27           SECTION 3. Section 503.351, Occupations Code, is amended to
 3-1     read as follows:
 3-2           Sec. 503.351.  ANNUAL RENEWAL; ELIGIBILITY. A person licensed
 3-3     under this chapter may renew the license annually if the person:
 3-4                 (1)  is not in violation of this chapter when the
 3-5     person applies for renewal;  [and]
 3-6                 (2)  fulfills the continuing education requirements
 3-7     established by the board; and
 3-8                 (3)  fulfills the pro bono professional counseling
 3-9     service requirements established by the board.
3-10           SECTION 4. Section 503.354(d), Occupations Code, is amended
3-11     to read as follows:
3-12           (d)  If a person's license has been expired for more than 90
3-13     days but less than one year because the person did not pay the
3-14     renewal fee or did not meet continuing education or pro bono
3-15     service requirements, the person may renew the license by:
3-16                 (1)  paying to the board all unpaid renewal fees and a
3-17     fee that is equal to the amount of the license examination fee; and
3-18                 (2)  providing the board with proof that the person has
3-19     completed the required continuing education or pro bono
3-20     professional counseling services.
3-21           SECTION 5. Subchapter H, Chapter 503, Occupations Code, is
3-22     amended by adding Section 503.357 to read as follows:
3-23           Sec. 503.357.  PRO BONO SERVICES. (a)  In this section, "pro
3-24     bono professional counseling services to indigent persons" means
3-25     professional counseling services provided without an expectation of
3-26     compensation:
3-27                 (1)  directly to an indigent person; or
 4-1                 (2)  to a charitable public interest organization that
 4-2     primarily addresses the needs of indigent persons.
 4-3           (b)  The board shall establish a program requiring persons
 4-4     licensed by the board to provide professional counseling services
 4-5     to indigent persons.  To renew a license under this chapter, a
 4-6     license holder must provide at least 50 hours of pro bono
 4-7     professional counseling services to indigent persons during the 12
 4-8     months preceding the license expiration date.
 4-9           (c)  The board may waive the requirements of Subsection (b)
4-10     for a license holder who provides proof to the board that the
4-11     person provided at least 500 hours of professional counseling
4-12     services to persons who receive medical assistance under Chapter
4-13     32, Human Resources Code.
4-14           (d)  The board shall adopt rules as necessary to administer
4-15     the requirements of this section.
4-16           SECTION 6. Section 504.202, Occupations Code, is amended to
4-17     read as follows:
4-18           Sec. 504.202.  NOTICE OF LICENSE EXPIRATION AND REQUIREMENTS
4-19     TO RENEW. Not later than the 31st day before the expiration date of
4-20     a person's license, the commission shall send to the license holder
4-21     at the license holder's last known address according to commission
4-22     records written notice of:
4-23                 (1)  the impending license expiration;
4-24                 (2)  the amount of the renewal fee;  [and]
4-25                 (3)  any continuing education required to renew the
4-26     license; and
4-27                 (4)  the number of hours of pro bono chemical
 5-1     dependency counseling services required to renew the license.
 5-2           SECTION 7. Subchapter E, Chapter 504, Occupations Code, is
 5-3     amended by adding Section 504.206 to read as follows:
 5-4           Sec. 504.206.  PRO BONO SERVICES. (a)  In this section, "pro
 5-5     bono chemical dependency counseling services to indigent persons"
 5-6     means chemical dependency counseling services provided without an
 5-7     expectation of compensation:
 5-8                 (1)  directly to an indigent person; or
 5-9                 (2)  to a charitable public interest organization that
5-10     primarily addresses the needs of indigent persons.
5-11           (b)  The commission shall establish a program requiring
5-12     persons licensed by the commission to provide chemical dependency
5-13     counseling services to indigent persons.  To renew a license under
5-14     this chapter, a license holder must provide at least 50 hours of
5-15     pro bono chemical dependency counseling services to indigent
5-16     persons during the 12 months preceding the license expiration date.
5-17           (c)  The commission may waive the requirements of Subsection
5-18     (b) for a license holder who provides proof to the commission that
5-19     the person provided at least 500 hours of chemical dependency
5-20     counseling services to persons who receive medical assistance under
5-21     Chapter 32, Human Resources Code.
5-22           (d)  The commission shall adopt rules as necessary to
5-23     administer the requirements of this section.
5-24           SECTION 8. Subchapter H, Chapter 505, Occupations Code, is
5-25     amended by adding Section 505.405 to read as follows:
5-26           Sec. 505.405.  PRO BONO SERVICES. (a)  In this section, "pro
5-27     bono professional social work services to indigent persons" means
 6-1     professional social work services provided without an expectation
 6-2     of compensation:
 6-3                 (1)  directly to an indigent person; or
 6-4                 (2)  to a charitable public interest organization that
 6-5     primarily addresses the needs of indigent persons.
 6-6           (b)  The board shall establish a program requiring persons
 6-7     licensed by the board to provide professional social work services
 6-8     to indigent persons.  To renew a license under this chapter, a
 6-9     license holder must provide at least 50 hours of pro bono
6-10     professional social work services to indigent persons during the 12
6-11     months preceding the license expiration date.
6-12           (c)  The board may waive the requirements of Subsection (b)
6-13     for a license holder who provides proof to the board that the
6-14     person provided at least 500 hours of professional social work
6-15     services to persons who receive medical assistance under Chapter
6-16     32, Human Resources Code.
6-17           (d)  The board shall adopt rules as necessary to administer
6-18     the requirements of this section.
6-19           SECTION 9. (a)  This Act takes effect September 1, 2001.
6-20           (b)  The Texas State Board of Examiners of Psychologists,
6-21     Texas State Board of Examiners of Marriage and Family Therapists,
6-22     Texas State Board of Examiners of Professional Counselors, Texas
6-23     Commission on Alcohol and Drug Abuse, and Texas State Board of
6-24     Social Worker Examiners shall adopt rules as required by this Act
6-25     not later than January 1, 2002.
6-26           (c)  The change in law made by this Act applies only to the
6-27     renewal of a license that expires on or after January 1, 2003.  A
 7-1     license that expires before that date is governed by the law in
 7-2     effect on the date the license expired, and the former law is
 7-3     continued in effect for that purpose.