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By: Harris S.B. No. 810
(In the Senate - Filed March 3, 2003; March 10, 2003, read
first time and referred to Committee on Health and Human Services;
April 2, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; April 2, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 810 By: Deuell
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of social workers; providing a criminal
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 505.001, Occupations Code, is amended to
read as follows:
Sec. 505.001. SHORT TITLE. This chapter may be cited as the
[Professional] Social Work Practice Act.
SECTION 2. Section 505.002, Occupations Code, is amended by
amending Subdivision (3) and adding Subdivisions (4-a) and (4-b) to
read as follows:
(3) "Council on Social Work Education" means the
national organization that is primarily responsible for the
accreditation of schools of social work in the United States or its
successor approved by the board.
(4-a) "Licensed baccalaureate social worker" means a
person who holds a baccalaureate social worker license issued by
the board under this chapter.
(4-b) "Licensed clinical social worker" means a person
who holds a clinical social worker license issued by the board under
this chapter.
SECTION 3. Subchapter A, Chapter 505, Occupations Code, is
amended by adding Section 505.0025 to read as follows:
Sec. 505.0025. PRACTICE OF SOCIAL WORK. (a) The practice
of social work is the application of social work theory, knowledge,
methods, ethics, and the professional use of self to restore or
enhance social, psychosocial, or biopsychosocial functioning of
individuals, couples, families, groups, organizations, or
communities.
(b) The practice of social work may include the provision of
individual, conjoint, family, and group psychotherapy using the
Diagnostic and Statistical Manual of Mental Disorders, the
International Classification of Diseases, and other diagnostic
classification systems in assessment, diagnosis, treatment, and
other activities by a person licensed under this chapter.
SECTION 4. Section 505.003, Occupations Code, is amended to
read as follows:
Sec. 505.003. APPLICATIONS AND EXEMPTIONS. (a) This
chapter does not apply to:
(1) an activity conducted or a service performed by a
person who is licensed, certified, or registered in a profession
other than social work, including a physician, attorney, registered
nurse, licensed vocational nurse, psychologist, occupational
therapist, licensed marriage and family therapist, licensed
chemical dependency counselor, or licensed professional counselor,
if:
(A) the activity or service is conducted or
performed within the scope of the person's license, certificate, or
registration; [and]
(B) the person does not use a title listed in
Section 505.351; and
(C) the person does not:
(i) represent the service as social work;
(ii) represent that the person is a social
worker; or
(iii) use a title that implies that the
person is licensed in social work;
(2) a service performed by a person as a volunteer or
staff member if the person does not:
(A) represent the service as [professional]
social work;
(B) represent the person as a social worker; [or]
(C) use a title that implies that the person is
licensed in [professional] social work; or
(D) engage in the practice of social work;
(3) an activity conducted by a social work student,
intern, or trainee in connection with an institution of higher
education accredited by the Council on Social Work Education;
(4) [an activity that is a part of a course of study
for a baccalaureate or master's degree in social work if the person
does not use a title that implies that the person is licensed in
professional social work;
[(5)] a service performed by a person who does not
reside in this state if:
(A) the service is performed for fewer than 30
days in a calendar year; and
(B) the person is authorized to perform the
service under the laws of the state or country in which the person
resides; or
(5) [(6)] an activity conducted or a service performed
by a pastoral care counselor who is acting within the person's
ministerial capabilities and who does not use a title that implies
that the counselor is licensed in [professional] social work,
including:
(A) a Christian Science practitioner who is
recognized by the Church of Christ Scientist as registered and
published in the Christian Science Journal; and
(B) any other recognized religious
practitioner[; or
[(7) a person who does not:
[(A) directly or indirectly represent to the
public that the person is licensed under this chapter; or
[(B) use a name, title, or designation indicating
that the person is licensed under this chapter].
(b) This chapter does not require a public agency or private
employer, including a nonprofit corporation, to employ a person
licensed under this chapter [licensed master social worker,
licensed social worker, or social work associate].
SECTION 5. Subsection (a), Section 505.101, Occupations
Code, is amended to read as follows:
(a) The Texas State Board of Social Worker Examiners
consists of nine members appointed by the governor with the advice
and consent of the senate as follows:
(1) two [three] members who are licensed master social
workers [, at least two of whom are recognized as advanced clinical
practitioners];
(2) two members who are licensed baccalaureate social
workers;
(3) two members who are licensed clinical social
workers [one member who is a social work associate]; and
(4) three members who represent the public.
SECTION 6. Section 505.201, Occupations Code, is amended by
adding Subsections (e) and (f) to read as follows:
(e) For each type of license issued under this chapter, the
board shall establish:
(1) the minimum eligibility requirements;
(2) educational requirements;
(3) professional experience criteria;
(4) supervision requirements; and
(5) independent practice criteria.
(f) The board shall establish procedures for recognition of
independent practice.
SECTION 7. Subsection (a), Section 505.205, Occupations
Code, is amended to read as follows:
(a) The board shall prepare and publish at its discretion a
roster that contains the name and address of each person licensed
under this chapter [licensed master social worker, licensed social
worker, and social work associate as stated in the board's
records].
SECTION 8. Section 505.206, Occupations Code, is amended to
read as follows:
Sec. 505.206. ROSTER OF [PRIVATE AND] INDEPENDENT SOCIAL
WORKERS. The board shall publish a roster of persons recognized
under Section 505.307 as qualified for the [private and]
independent practice of social work.
SECTION 9. Subsection (a), Section 505.254, Occupations
Code, is amended to read as follows:
(a) The board shall adopt rules concerning the
investigation of a complaint filed with the department and referred
to the board. The rules adopted under this subsection must:
(1) distinguish among categories of complaints;
(2) ensure that a complaint is not dismissed without
appropriate consideration;
(3) require that the board be advised of a complaint
that is dismissed and that a letter be sent to the person who filed
the complaint explaining the action taken on the dismissed
complaint;
(4) ensure that the person who filed the complaint has
an opportunity to explain the allegations made in the complaint;
[and]
(5) prescribe guidelines concerning the categories of
complaints that require the use of a private investigator and the
procedures for the board to obtain the services of a private
investigator; and
(6) prescribe the time after an act or omission during
which a person may file a complaint with the board regarding the act
or omission in order for the board to consider the complaint.
SECTION 10. Subsection (h), Section 505.2545, Occupations
Code, is amended to read as follows:
(h) All information and materials subpoenaed or compiled by
the board in connection with a complaint and investigation are
confidential and not subject to disclosure under Chapter 552,
Government Code, and not subject to disclosure, discovery,
subpoena, or other means of legal compulsion for their release to
anyone other than the board or its employees or agents involved in
discipline of the holder of a license or order of recognition,
except that this information may be disclosed to:
(1) persons involved with the board in a disciplinary
action against the holder of a license or order of recognition;
(2) [professional] social work licensing or
disciplinary boards in other jurisdictions;
(3) peer assistance programs approved by the board
under Chapter 467, Health and Safety Code;
(4) law enforcement agencies; and
(5) persons engaged in bona fide research, if all
individual-identifying information has been deleted.
SECTION 11. Subsections (a) and (b), Section 505.301,
Occupations Code, are amended to read as follows:
(a) The board may establish within the scope of social work
practice and this chapter [a] specialty areas [area] of social work
for license holders under this chapter who are licensed [master
social workers] in good standing if establishment of the specialty
areas [area]:
(1) is necessary to promote the public interest; and
(2) assists the public in identifying qualified
persons in a social work practice specialty [the profession who
perform specialty social work].
(b) The board may not authorize a specialty area within the
practice of social work unless the board sets the minimum
qualifications for [the private practice of social work except for
a licensed master social worker who satisfies the minimum number of
years of active] social work practice with appropriate supervision
and examination, as determined by the board.
SECTION 12. Subsections (b) and (c), Section 505.303,
Occupations Code, are amended to read as follows:
(b) A person may not use the title "Licensed Clinical Social
Worker" ["Advanced Clinical Practitioner"] or the initials "LCSW"
["A.C.P."] unless the person is recognized as qualified for the
independent practice of clinical social work.
(c) For purposes of Article 21.52, Insurance Code:
(1) a person recognized as qualified for the
independent practice of clinical social work may use the title
"Licensed Clinical Social Worker" ["Advanced Clinical
Practitioner"] or another [other] title approved by the board; and
(2) a board-approved title under this subsection has
the same meaning and effect as the title "Licensed Clinical Social
Worker." ["Advanced Clinical Practitioner."]
SECTION 13. Sections 505.305, 505.306, 505.307, and
505.351, Occupations Code, are amended to read as follows:
Sec. 505.305. RECOGNITION OF SPECIALTY; ISSUANCE OF ORDER.
(a) The board shall recognize a [licensed master] social worker as
qualified for the practice of a specialty area of social work if the
[licensed master] social worker satisfies the recognition
requirements established by the board and the board determines that
the person is worthy of the public trust in performing services
within the scope of the specialty area.
(b) The board shall issue an order of recognition of
specialty to a [licensed master] social worker who is recognized as
qualified for the practice of a specialty area of social work. The
order of recognition of specialty evidences the state's recognition
of the [licensed master] social worker as a specialty social work
practitioner under the [professional] identification or title
designated by the board.
Sec. 505.306. PROHIBITED USE OF SPECIALTY AREA
IDENTIFICATION OR TITLE. If the board establishes a specialty area
of social work, a [licensed master] social worker may not use the
specialty area [professional] identification or title designated
by the board unless the person is recognized as qualified for the
practice of the specialty area under this chapter.
Sec. 505.307. [PRIVATE AND] INDEPENDENT PRACTICE
RECOGNITION; MINIMUM QUALIFICATIONS. (a) The board shall
establish procedures for recognizing a [licensed master] social
worker qualified for the [private and] independent practice of
social work.
(b) A [licensed master] social worker may not be recognized
as qualified for the [private and] independent practice of social
work unless the person satisfies the requirements of social work
education, experience, and supervision [minimum number of years of
acceptable social work experience] as determined by the board.
[(c) A licensed social worker or social work associate is
not eligible for recognition as qualified for the private and
independent practice of social work.]
Sec. 505.351. LICENSE REQUIRED. (a) A person may not use
or cause to be used the title "social worker," "licensed
baccalaureate social worker," "licensed master social worker,"
"licensed clinical social worker," or "licensed social worker," [or
"social work associate,"] or any combination, variation, or
abbreviation of those titles, as a professional or business
identification, representation, asset, or means of obtaining a
benefit unless the person holds an appropriate license issued under
this chapter.
(b) A person may not use a title that implies that the person
holds a license in [professional] social work unless the person
holds an appropriate license issued under this chapter.
(c) A person who engages in or attempts to engage in conduct
described by this section is considered to be engaged in the
practice of [professional] social work.
SECTION 14. Subsection (b), Section 505.353, Occupations
Code, is amended to read as follows:
(b) An applicant may take the licensing examination
conducted by the board under Section 505.354 for:
(1) a master social worker license if the applicant
possesses a doctoral or master's degree in social work from a
graduate program accredited by the Council on Social Work
Education;
(2) a baccalaureate social worker license if the
applicant possesses a baccalaureate degree in social work from an
educational program accredited by the Council on Social Work
Education; or
(3) a clinical social worker license if the applicant
possesses a doctoral or master's degree in social work from an
accredited graduate program approved by the board and meets the
qualifications for clinical social work practice as determined by
the board under this chapter [a social work associate license if the
applicant:
[(A) possesses a baccalaureate degree in the
behavioral or social sciences or a related field other than social
work from an accredited educational institution; and
[(B) satisfactorily completes a reasonable
specified number of years of actual and active social work
experience approved by the board].
SECTION 15. Subsections (a) and (b), Section 505.358,
Occupations Code, are amended to read as follows:
(a) A person may apply for a provisional license as a social
worker [or social work associate] by paying the appropriate fee and
filing an application with the board. The board may issue a
provisional license to a person who meets the requirements of this
section.
(b) An applicant for a provisional license must:
(1) be licensed or certified in good standing as a
social worker [or social work associate, as appropriate,] in
another state that has licensing or certification requirements
determined by the board to be substantially equivalent to the
requirements of this chapter;
(2) have passed a national or other examination
recognized by the board relating to the practice of social work;
and
(3) be sponsored by a person licensed under this
chapter with whom the provisional license holder may practice
social work.
SECTION 16. Section 505.360, Occupations Code, is amended
by amending Subsections (b) and (c) and adding Subsection (e) to
read as follows:
(b) A licensed master social worker shall use the
identification "licensed master social worker" or the initials
"LMSW." ["L.M.S.W."]
(c) A licensed baccalaureate social worker shall use the
identification "licensed baccalaureate social worker" or the
initials "LBSW." ["L.S.W."]
(e) A licensed clinical social worker shall use the
identification "licensed clinical social worker" or the initials
"LCSW."
SECTION 17. Subsection (a), Section 505.404, Occupations
Code, is amended to read as follows:
(a) The board by rule shall:
(1) establish mandatory continuing education
requirements for license holders under this chapter [licensed
master social workers, licensed social workers, and social work
associates]; and
(2) establish a minimum number of hours of continuing
education required to renew a license or an order of recognition of
specialty.
SECTION 18. Section 505.502, Occupations Code, is amended
to read as follows:
Sec. 505.502. PROHIBITED CONDUCT BY BUSINESS OR
PROFESSIONAL ENTITY. (a) Except as provided by Subsection (b), a
business or professional entity may not:
(1) represent itself or another to the public as being
engaged in the practice of social work or as offering social work
services under an assumed, trade, business, professional,
partnership, or corporate name or title;
(2) directly or indirectly use or cause to be used the
term "social work," "social work services," "social work, inc.,"
"[professional] social workers," "licensed social workers,"
"licensed baccalaureate social workers," "licensed master social
workers," "licensed clinical social workers," "LMSW," "LSW,"
"LBSW," or "LCSW," ["social work associate," "L.M.S.W.," "L.S.W.,"
or "S.W.A."] or any combination, abbreviation, or variation of
those terms; or
(3) directly or indirectly use or cause to be used a
term listed in Subdivision (2) in combination with any other word,
letter, initial, sign, legend, or symbol on, in, or directly or
indirectly as a part of:
(A) any sign, directory, contract, pamphlet,
stationery, advertisement, or other document;
(B) a signature; or
(C) a trade, assumed, corporate, or other
business or professional name.
(b) A business or professional entity may engage in conduct
described by Subsection (a) if:
(1) the entity is actively engaged in the practice of
social work; and
(2) the social work services that constitute the
entity's practice are:
(A) personally performed by a social worker who
is practicing in accordance with this chapter; or
(B) performed under the supervision of a licensed
baccalaureate social worker, [or] licensed master social worker, or
licensed clinical social worker.
SECTION 19. Subchapter J, Chapter 505, Occupations Code, is
amended by adding Section 505.507 to read as follows:
Sec. 505.507. CRIMINAL PENALTY. (a) A person commits an
offense if the person knowingly acts as a social worker without
holding a license required under this chapter.
(b) An offense under Subsection (a) is a Class B
misdemeanor.
SECTION 20. Subsection (l), Section 9, Article 42.12, Code
of Criminal Procedure, is amended to read as follows:
(l) If a person is a sex offender, a supervision officer may
release information in a presentence or postsentence report
concerning the social and criminal history of the person to a person
who:
(1) is licensed or certified in this state to provide
mental health or medical services, including a:
(A) physician;
(B) psychiatrist;
(C) psychologist;
(D) licensed professional counselor;
(E) licensed marriage and family therapist; or
(F) [certified] social worker; and
(2) provides mental health or medical services for the
rehabilitation of the person.
SECTION 21. Subsection (a), Section 202.002, Family Code,
is amended to read as follows:
(a) A friend of the court may coordinate nonjudicial efforts
to improve compliance with a court order relating to child support
or possession of or access to a child by use of:
(1) telephone communication;
(2) written communication;
(3) one or more volunteer advocates under Chapter 107;
(4) informal pretrial consultation;
(5) one or more of the alternate dispute resolution
methods under Chapter 154, Civil Practice and Remedies Code;
(6) a licensed [certified] social worker;
(7) a family mediator; and
(8) employment agencies, retraining programs, and any
similar resources to ensure that both parents can meet their
financial obligations to the child.
SECTION 22. Subsection (e), Section 493.009, Government
Code, is amended to read as follows:
(e) The department shall employ or contract with qualified
professionals to implement the program for persons required to
participate in the program under Section 14, Article 42.12, Code of
Criminal Procedure. For purposes of this subsection, a "qualified
professional" is a person who:
(1) is a licensed chemical dependency [certified
alcohol and drug abuse] counselor;
(2) is a licensed [certified] social worker [or
advanced clinical practitioner and] who has at least two years of
experience in chemical dependency counseling; or
(3) is a licensed professional counselor, physician,
or psychologist and who has at least two years of experience in
chemical dependency counseling.
SECTION 23. Subsection (f), Section 501.0931, Government
Code, is amended to read as follows:
(f) The institutional division shall employ or contract
with qualified professionals to implement the program. For
purposes of this subsection, a "qualified professional" is a person
who:
(1) is a licensed chemical dependency [certified
alcohol and drug abuse] counselor;
(2) is a licensed [certified] social worker [or
advanced clinical practitioner and] who has at least two years of
experience in chemical dependency counseling; or
(3) is a licensed professional counselor, physician,
or psychologist and who has at least two years of experience in
chemical dependency counseling.
SECTION 24. Subsection (a), Section 61.0285, Health and
Safety Code, is amended to read as follows:
(a) In addition to basic health care services provided under
Section 61.028, a county may, in accordance with department rules
adopted under Section 61.006, provide other medically necessary
services or supplies that the county determines to be
cost-effective, including:
(1) ambulatory surgical center services;
(2) diabetic and colostomy medical supplies and
equipment;
(3) durable medical equipment;
(4) home and community health care services;
(5) social work services [provided by licensed master
medical social workers--advanced clinical practitioners];
(6) psychological counseling services;
(7) services provided by physician assistants, nurse
practitioners, certified nurse midwives, clinical nurse
specialists, and certified registered nurse anesthetists;
(8) dental care;
(9) vision care, including eyeglasses;
(10) services provided by federally qualified health
centers, as defined by 42 U.S.C. Section 1396d(l)(2)(B);
(11) emergency medical services; and
(12) any other appropriate health care service
identified by board rule that may be determined to be
cost-effective.
SECTION 25. Subdivision (27), Section 142.001, Health and
Safety Code, is amended to read as follows:
(27) "Social worker" means an individual licensed as a
social worker under Chapter 505, Occupations [50, Human Resources]
Code.
SECTION 26. Subdivision (5), Section 467.001, Health and
Safety Code, is amended to read as follows:
(5) "Professional" means an individual who:
(A) may incorporate under The Texas Professional
Corporation Act (Article 1528e, Vernon's Texas Civil Statutes); or
(B) is licensed, registered, certified, or
otherwise authorized by the state to practice as a licensed
vocational nurse, [certified] social worker, occupational
therapist, speech-language pathologist, audiologist, or licensed
dietitian.
SECTION 27. Subdivision (15), Section 571.003, Health and
Safety Code, is amended to read as follows:
(15) "Non-physician mental health professional"
means:
(A) a psychologist licensed to practice in this
state and designated as a health-service provider;
(B) a registered nurse with a master's or
doctoral degree in psychiatric nursing;
(C) a licensed clinical social worker [with a
master's or doctoral degree and advanced clinical practitioner
recognition];
(D) a licensed professional counselor licensed
to practice in this state; or
(E) a licensed marriage and family therapist
licensed to practice in this state.
SECTION 28. Subsection (B), Section 2, Chapter 397, Acts of
the 54th Legislature, Regular Session, 1955 (Article 3.70-2,
Vernon's Texas Insurance Code), is amended to read as follows:
(B) No policy of accident and sickness insurance shall make
benefits contingent upon treatment or examination by a particular
practitioner or by particular practitioners of the healing arts
hereinafter designated unless such policy contains a provision
designating the practitioner or practitioners who will be
recognized by the insurer and those who will not be recognized by
the insurer. Such provision may be located in the "Exceptions" or
"Exceptions and Reductions" provisions, or elsewhere in the policy,
or by endorsement attached to the policy, at the insurer's option.
In designating the practitioners who will and will not be
recognized, such provision shall use the following terms: Doctor
of Medicine, Doctor of Osteopathy, Doctor of Dentistry, Doctor of
Chiropractic, Doctor of Optometry, Doctor of Podiatry, Licensed
Audiologist, Licensed Speech-language Pathologist, Doctor in
Psychology, Licensed Clinical [Master] Social Worker
[Worker--Advanced Clinical Practitioner], Licensed Dietitian,
Licensed Professional Counselor, Licensed Marriage and Family
Therapist, Licensed Chemical Dependency Counselor, Licensed
Hearing Instrument Fitter and Dispenser, Advanced Practice Nurse,
Physician Assistant, Licensed Occupational Therapist, Licensed
Physical Therapist, Licensed Acupuncturist, Licensed Psychological
Associate, and Licensed Surgical Assistant.
For purposes of this Act, such designations shall have the
following meanings:
Doctor of Medicine: One licensed by the Texas State Board of
Medical Examiners on the basis of the degree "Doctor of Medicine";
Doctor of Osteopathy: One licensed by the Texas State Board
of Medical Examiners on the basis of the degree of "Doctor of
Osteopathy";
Doctor of Dentistry: One licensed by the State Board of
Dental Examiners;
Doctor of Chiropractic: One licensed by the Texas Board of
Chiropractic Examiners;
Doctor of Optometry: One licensed by the Texas Optometry
Board;
Doctor of Podiatry: One licensed by the Texas State Board of
Podiatric Medical Examiners;
Licensed Audiologist: One with a master's or doctorate degree
in audiology from an accredited college or university and who is
licensed as an audiologist by the State Board of Examiners for
Speech-Language Pathology and Audiology;
Licensed Speech-language Pathologist: One with a master's or
doctorate degree in speech pathology or speech-language pathology
from an accredited college or university and who is licensed as a
speech-language pathologist by the State Board of Examiners for
Speech-Language Pathology and Audiology;
Doctor in Psychology: One licensed by the Texas State Board
of Examiners of Psychologists and certified as a Health Service
Provider;
Licensed Clinical [Master] Social Worker [Worker--Advanced
Clinical Practitioner]: One licensed by the Texas State Board of
Social Worker Examiners as a Licensed Clinical [Master] Social
Worker [with the order of recognition of Advanced Clinical
Practitioner];
Licensed Dietitian: One licensed by the Texas State Board of
Examiners of Dietitians;
Licensed Professional Counselor: One licensed by the Texas
State Board of Examiners of Professional Counselors;
Licensed Marriage and Family Therapist: One licensed by the
Texas State Board of Examiners of Marriage and Family Therapists;
Licensed Chemical Dependency Counselor: One licensed by the
Texas Commission on Alcohol and Drug Abuse;
Licensed Hearing Instrument Fitter and Dispenser: One
licensed by the State Committee of Examiners in the Fitting and
Dispensing of Hearing Instruments;
Advanced Practice Nurse: One licensed by the Board of Nurse
Examiners as a registered nurse and recognized by that board as an
advanced practice nurse;
Physician Assistant: One licensed by the Texas State Board of
Physician Assistant Examiners;
Licensed Occupational Therapist: One licensed by the Texas
Board of Occupational Therapy Examiners;
Licensed Physical Therapist: One licensed by the Texas Board
of Physical Therapy Examiners;
Licensed Acupuncturist: One licensed by the Texas State Board
of Medical Examiners as an acupuncturist;
Licensed Psychological Associate: One licensed by the Texas
State Board of Examiners of Psychologists and practicing under the
supervision of a licensed psychologist; and
Licensed Surgical Assistant: One licensed by the Texas State
Board of Medical Examiners as a surgical assistant.
SECTION 29. Section 1, Article 21.52, Insurance Code, as
amended by Chapters 812 and 1014, Acts of the 77th Legislature,
Regular Session, 2001, is reenacted and amended to read as follows:
Sec. 1. DEFINITIONS. As used in this article:
(a) "health insurance policy" means any individual,
group, blanket, or franchise insurance policy, insurance
agreement, or group hospital service contract, providing benefits
for medical or surgical expenses incurred as a result of an accident
or sickness;
(b) "doctor of podiatric medicine" includes D.P.M.,
podiatrist, doctor of surgical chiropody, D.S.C. and chiropodist;
(c) "doctor of optometry" includes optometrist,
doctor of optometry, and O.D.;
(d) "doctor of chiropractic" means a person who is
licensed by the Texas Board of Chiropractic Examiners to practice
chiropractic;
(e) "licensed dentist" means a person who is licensed
to practice dentistry by the State Board of Dental Examiners;
(f) "licensed audiologist" means a person who has
received a master's or doctorate degree in audiology from an
accredited college or university and is licensed as an audiologist
by the State Board of Examiners for Speech-Language Pathology and
Audiology;
(g) "licensed speech-language pathologist" means a
person who has received a master's or doctorate degree in
speech-language pathology from an accredited college or university
and is licensed as a speech-language pathologist by the State Board
of Examiners for Speech-Language Pathology and Audiology;
(h) "licensed clinical [master] social worker"
[worker--advanced clinical practitioner"] means a person who is
licensed by the Texas State Board of Social Worker Examiners as a
licensed clinical [master] social worker [with the order of
recognition of advanced clinical practitioner];
(i) "licensed dietitian" means a person who is
licensed by the Texas State Board of Examiners of Dietitians;
(j) "licensed professional counselor" means a person
who is licensed by the Texas State Board of Examiners of
Professional Counselors;
(k) "psychologist" means a person licensed to practice
psychology by the Texas State Board of Examiners of Psychologists;
(l) "licensed marriage and family therapist" means a
person who is licensed by the Texas State Board of Examiners of
Marriage and Family Therapists;
(m) "licensed chemical dependency counselor" means a
person who is licensed by the Texas Commission on Alcohol and Drug
Abuse;
(n) "licensed hearing instrument fitter and
dispenser" means a person who is licensed by the State Committee of
Examiners in the Fitting and Dispensing of Hearing Instruments;
(o) "licensed psychological associate" means a person
who is licensed by the Texas State Board of Examiners of
Psychologists and who practices under the supervision of a licensed
psychologist;
(p) "occupational therapist" means a person who is
licensed to practice occupational therapy by the Texas Board of
Occupational Therapy Examiners;
(q) "physical therapist" means a person who practices
physical therapy and is licensed by the Texas Board of Physical
Therapy Examiners;
(r) "advanced practice nurse" means a person licensed
by the Board of Nurse Examiners and recognized by that board as an
advanced practice nurse;
(s) "licensed acupuncturist" means a person licensed
to practice acupuncture by the Texas State Board of Medical
Examiners;
(t) "physician assistant" means a person licensed by
the Texas State Board of Physician Assistant Examiners;
(u) "nurse first assistant" has the meaning assigned
by Section 301.1525, Occupations Code; and
(v) "Surgical assistant" means a person licensed by
the Texas State Board of Medical Examiners as a surgical assistant.
SECTION 30. Subsection (a), Section 3, Article 21.52,
Insurance Code, as amended by Chapters 812 and 1014, Acts of the
77th Legislature, Regular Session, 2001, is reenacted and amended
to read as follows:
(a) Any person who is issued, who is a party to, or who is a
beneficiary under any health insurance policy delivered, renewed,
or issued for delivery in this state by any insurance company,
association, or organization to which this article applies may
select:
(1) a licensed doctor of podiatric medicine, a
licensed dentist, or a doctor of chiropractic to perform the
medical or surgical services or procedures scheduled in the policy
which fall within the scope of the license of that practitioner;
(2) a licensed doctor of optometry to perform the
services or procedures scheduled in the policy which fall within
the scope of the license of that doctor of optometry;
(3) an occupational therapist to provide the services
scheduled in the policy which fall within the scope of the license
of that occupational therapist;
(4) a physical therapist to provide the services
scheduled in the policy which fall within the scope of the license
of that physical therapist;
(5) a licensed audiologist to measure hearing for the
purpose of determining the presence or extent of a hearing loss and
to provide aural rehabilitation services to a person with a hearing
loss if those services or procedures are scheduled in the policy;
(6) a licensed speech-language pathologist to
evaluate speech and language and to provide habilitative and
rehabilitative services to restore speech or language loss or to
correct a speech or language impairment if those services or
procedures are scheduled in the policy;
(7) a licensed clinical [master] social worker
[worker--advanced clinical practitioner] to provide the services
that fall within the scope of the license of such [certified]
practitioner and which are specified as services within the terms
of the policy of insurance, including the provision of direct,
diagnostic, preventive, or clinical services to individuals,
families, and groups whose functioning is threatened or affected by
social or psychological stress or health impairment, if those
services or procedures are scheduled in the policy;
(8) a licensed dietitian including a provisional
licensed dietitian under a licensed dietitian's supervision to
provide the services that fall within the scope of the license of
that dietitian if those services are scheduled in the policy;
(9) a licensed professional counselor to provide the
services that fall within the scope of the license of that
professional if those services are scheduled in the policy;
(10) a licensed marriage and family therapist to
provide the services that fall within the scope of the license of
that professional if those services are scheduled in the policy;
(11) a psychologist to perform the services or
procedures scheduled in the policy that fall within the scope of the
license of that psychologist;
(12) a licensed chemical dependency counselor to
perform the services or procedures scheduled in the policy that
fall within the scope of the license of that practitioner;
(13) a licensed acupuncturist to perform the services
or procedures scheduled in the policy that fall within the scope of
the license of that practitioner;
(14) an advanced practice nurse to provide the
services scheduled in the policy that fall within the scope of the
license of that practitioner;
(15) a physician assistant to provide the services
scheduled in the policy that fall within the scope of the license of
that practitioner;
(16) a licensed hearing instrument fitter and
dispenser to provide the services or procedures scheduled in the
policy that fall within the scope of the license of that
practitioner;
(17) a licensed psychological associate to provide the
services that fall within the scope of the license of that
professional if those services are scheduled in the policy;
(18) a licensed surgical assistant to provide the
services or procedures scheduled in the policy that fall within the
scope of the license of that practitioner; or
(19) a nurse first assistant to provide the services
scheduled in the policy that:
(A) fall within the scope of the license of that
practitioner; and
(B) are requested by the physician whom the nurse
is assisting.
SECTION 31. Subsections (b) and (c), Section 3, Article
21.52, Insurance Code, are amended to read as follows:
(b) The services of a [licensed master social
worker--advanced clinical practitioner,] licensed professional
counselor[,] or licensed marriage and family therapist that are
included in this Act may require a professional recommendation by a
doctor of medicine or doctor of osteopathy unless the health
insurance policy terms do not require such a recommendation.
(c) The payment or reimbursement by the insurance company,
association, or organization for services or procedures in
accordance with the payment schedule or the payment provisions in
the policy shall not be denied because the same were performed by a
licensed doctor of podiatric medicine, a licensed doctor of
optometry, a licensed doctor of chiropractic, a licensed dentist,
an occupational therapist, a physical therapist, a licensed
audiologist, a licensed speech-language pathologist, a licensed
clinical [master] social worker [worker--advanced clinical
practitioner], a licensed dietitian, a licensed professional
counselor, a licensed marriage and family therapist, a
psychologist, a licensed psychological associate, a licensed
chemical dependency counselor, an advanced practice nurse, a nurse
first assistant, a physician assistant, a licensed acupuncturist,
or a licensed hearing instrument fitter and dispenser.
SECTION 32. Subsection (d), Section 3, Article 21.52,
Insurance Code, as amended by Chapters 812 and 1014, Acts of the
77th Legislature, Regular Session, 2001, is amended to read as
follows:
(d) There shall not be any classification, differentiation,
or other discrimination in the payment schedule or the payment
provisions in a health insurance policy, nor in the amount or manner
of payment or reimbursement thereunder, between scheduled services
or procedures when performed by a doctor of podiatric medicine, a
doctor of optometry, a doctor of chiropractic, a licensed dentist,
an occupational therapist, a physical therapist, a licensed
audiologist, a licensed speech-language pathologist, a licensed
clinical [master] social worker [worker--advanced clinical
practitioner], a licensed dietitian, a licensed professional
counselor, a licensed marriage and family therapist, a
psychologist, a licensed psychological associate, a licensed
chemical dependency counselor, an advanced practice nurse to
provide the services scheduled in the policy, a nurse first
assistant to provide the services scheduled in the policy and
requested by the physician whom the nurse is assisting, a physician
assistant to provide the services scheduled in the policy, a
licensed acupuncturist, or a licensed hearing instrument fitter and
dispenser which fall within the scope of that practitioner's
license or certification and the same services or procedures when
performed by any other practitioner of the healing arts whose
services or procedures are covered by the policy. However, a health
insurance policy may provide for a different amount of payment or
reimbursement for scheduled services or procedures when performed
by an advanced practice nurse, a nurse first assistant, licensed
surgical assistant, or physician assistant provided the
reimbursement methodology used to calculate the payment for the
service or procedure is the same methodology used to calculate the
payment when the service or procedure is provided by a physician.
SECTION 33. Subsection (a), Section 205.303, Occupations
Code, is amended to read as follows:
(a) The medical board may certify a person as an acudetox
specialist under this section if the person:
(1) provides to the medical board documentation that
the person:
(A) is a licensed [certified] social worker,
licensed professional counselor, licensed psychologist, licensed
chemical dependency counselor, licensed vocational nurse, or
licensed registered nurse; and
(B) has successfully completed a training
program in acupuncture detoxification that meets guidelines
approved by the medical board; and
(2) pays a certification fee in an amount set by the
medical board.
SECTION 34. Section 502.004, Occupations Code, is amended
to read as follows:
Sec. 502.004. APPLICATION OF CHAPTER. This chapter does
not apply to:
(1) the activities of a person employed to perform
marriage and family therapy by a federal, state, county, or
municipal agency or a public or private educational institution, if
the activities are within the scope of the person's employment;
(2) the activities of a student, intern, or trainee in
marriage and family therapy in a recognized course of study in
marriage and family therapy at an accredited institution of higher
education or other training institution, if:
(A) the activities constitute a part of the
course of study; and
(B) the person is called a "marriage and family
therapist intern" or similar title;
(3) services provided by a person who is not a resident
of this state if:
(A) the services are performed for 30 days or
less during a calendar year; and
(B) the person is authorized to provide the
services under the law of the state or country of the person's
residence;
(4) the activities and services of a person licensed
to practice another profession, including a physician, attorney,
registered nurse, occupational therapist, psychologist,
[certified] social worker, or licensed professional counselor; or
(5) the activities and services of a recognized
religious practitioner, including a pastoral counselor or
Christian Science practitioner recognized by the Church of Christ
Scientist as registered and published in the Christian Science
Journal, if the practitioner practices marriage and family therapy
in a manner consistent with the laws of this state.
SECTION 35. Subdivision (7), Section 1, Chapter 462, Acts
of the 68th Legislature, Regular Session, 1983 (Article 4413(51),
Vernon's Texas Civil Statutes), is amended to read as follows:
(7) "Sex offender treatment provider" means a person,
licensed or certified to practice in this state, who provides
mental health or medical services for rehabilitation of sex
offenders, including a physician, psychiatrist, psychologist,
licensed professional counselor, licensed marriage and family
therapist, or [certified] social worker.
SECTION 36. Section 4, Article 4512g-1, Revised Statutes,
is amended to read as follows:
Sec. 4. RELEASE OF INFORMATION BY PERSONS PROVIDING MENTAL
HEALTH OR MEDICAL SERVICES. Information concerning the treatment
of a sex offender may be released by a person who:
(1) is licensed or certified in this state to provide
mental health or medical services, including a:
(A) physician;
(B) psychiatrist;
(C) psychologist;
(D) licensed professional counselor;
(E) licensed marriage and family therapist; or
(F) [certified] social worker; and
(2) while licensed or certified, provides or provided
mental health or medical services for the rehabilitation of sex
offenders.
SECTION 37. Subdivisions (1), (7), and (8), Section
505.002, and Subsection (d), Section 505.360, Occupations Code, are
repealed.
SECTION 38. The changes in law made by this Act in the
qualifications of members of the Texas State Board of Social Worker
Examiners do not affect the entitlement of a member serving on the
board immediately before September 1, 2003, to continue to carry
out the board's functions for the remainder of the member's term.
The changes in law apply only to a member appointed on or after
September 1, 2003. This Act does not prohibit a person who is a
member of the board on September 1, 2003, from being reappointed to
the board if the person has the qualifications required for a member
under Section 505.101, Occupations Code, as amended by this Act.
SECTION 39. (a) This Act takes effect September 1, 2003.
(b) The changes in law made by this Act relating to the
licensing of social work associates do not affect the right of a
person to obtain, engage in conduct authorized by, or renew a social
work associate license until the date the Texas State Board of
Social Worker Examiners issues to the person a baccalaureate social
worker license and cancels the person's social work associate
license as provided by Subsection (c) of this section, and the
former law is continued in effect for that purpose.
(c) As soon as practicable on or after September 1, 2004,
the Texas State Board of Social Worker Examiners shall:
(1) issue a baccalaureate social worker license to
each person who holds a social work associate license on September
1, 2004; and
(2) cancel the person's social work associate license.
(d) A baccalaureate social worker license issued under
Subsection (c) of this section expires on the date the social work
associate license that it replaces expires.
(e) Except as provided by Subsection (d) of this section,
the holder of a baccalaureate social worker license issued under
this section has all the benefits, rights, duties,
responsibilities, and obligations of the holder of a baccalaureate
social worker license issued under Chapter 505, Occupations Code.
(f) The Texas State Board of Social Worker Examiners may not
issue a social work associate license after the date the board
begins issuing baccalaureate social worker licenses to social work
associates under Subsection (c) of this section. The board shall
treat an application for a social work associate license that is
pending on that date as an application for a baccalaureate social
worker license.
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