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.