79R719 JRJ-D
By: Jackson S.B. No. 406
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas State Board
of Examiners of Psychologists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 501.005, Occupations Code, is amended to
read as follows:
Sec. 501.005. APPLICATION OF SUNSET ACT. The Texas State
Board of Examiners of Psychologists is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the board is abolished and this chapter
expires September 1, 2017 [2005].
SECTION 2. Section 501.053, Occupations Code, is amended to
read as follows:
Sec. 501.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
this section, "Texas trade association" means a [nonprofit,]
cooperative[,] and voluntarily joined statewide association of
business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
(b) A person [An officer, employee, or paid consultant of a
Texas trade association in the field of health services] may not be
a member [or employee] of the board and may not be a board employee
employed in a "bona fide executive, administrative, or professional
capacity," as that phrase is used for purposes of establishing an
exemption to the overtime provisions of the federal Fair Labor
Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of health
services; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health
services [who is exempt from the state's position classification
plan or is compensated at or above the amount prescribed by the
General Appropriations Act for step 1, salary group A17, of the
position classification salary schedule].
(c) [A person who is the spouse of an officer, manager, or
paid consultant of a Texas trade association in the field of health
services may not be a board member and may not be an employee of the
board who is exempt from the state's position classification plan
or is compensated at or above the amount prescribed by the General
Appropriations Act for step 1, salary group A17, of the position
classification salary schedule.
[(d)] A person may not be [serve as] a member of the board or
act as the general counsel to the board if the person is required to
register as a lobbyist under Chapter 305, Government Code, because
of the person's activities for compensation on behalf of a
profession related to the operation of the board.
SECTION 3. Sections 501.055(a) and (c), Occupations Code,
are amended to read as follows:
(a) It is a ground for removal from the board that a member:
(1) does not have at the time of taking office
[appointment] the qualifications required by Sections 501.051 and
501.052;
(2) does not maintain during [the member's] service on
the board the qualifications required by Sections 501.051 and
501.052;
(3) is ineligible for membership under [violates a
prohibition established by] Section 501.053;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved [, unless the
absence is excused] by a majority vote of the board.
(c) If the executive director has knowledge that a potential
ground for removal exists [may exist], the executive director shall
notify the presiding officer of the board of the potential ground.
The presiding officer [On a determination that a potential ground
for removal exists, the board] shall then notify the governor and
the attorney general that a potential ground for removal exists. If
the potential ground for removal involves the presiding officer,
the executive director shall notify the next highest ranking
officer of the board, who shall then notify the governor and the
attorney general that a potential ground for removal exists.
SECTION 4. Section 501.057(a), Occupations Code, is amended
to read as follows:
(a) The governor shall designate a member of the board as
the presiding officer of the board to serve in that capacity at the
pleasure of the governor. The board shall hold an annual meeting
during which the board shall select from its members [a presiding
officer and] an assistant presiding officer.
SECTION 5. Section 501.059, Occupations Code, is amended to
read as follows:
Sec. 501.059. TRAINING PROGRAM FOR MEMBERS. (a) A person
who is appointed to and qualifies for office as [Before] a [board]
member of the board may not vote, deliberate, or be counted as a
member in attendance at a meeting of [assume the member's duties or
be confirmed by the senate, the member must complete at least one
course of the training program established by] the board until the
person completes a training program that complies with [under] this
section.
(b) The training program must provide the person with
information [to a participant] regarding:
(1) this chapter and the programs, functions, rules,
and budget of the board;
(2) [the programs operated by the board;
[(3) the role and functions of the board;
[(4) the rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
[(5) the current budget for the board;
[(6)] the results of the most recent formal audit of
the board;
(3) [(7)] the requirements of laws relating to open
meetings, public information, administrative procedure, and
conflicts of interest [Chapters 551, 552, and 2001, Government
Code;
[(8) the requirements of the conflict of interest laws
and other laws relating to public officials]; and
(4) [(9)] any applicable ethics policies adopted by
the board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office. [In developing the
program, the board shall consult with the governor, attorney
general, and Texas Ethics Commission.
[(d) If another state agency or entity is authorized to
establish the training requirements for board members, the board
shall adopt that training instead of developing its own program.]
SECTION 6. Section 501.103, Occupations Code, is amended to
read as follows:
Sec. 501.103. DIVISION OF RESPONSIBILITIES. The board
shall develop and implement policies that clearly separate [define]
the policymaking [respective] responsibilities of the board and the
management responsibilities of the executive director and the staff
of the board.
SECTION 7. Subchapter D, Chapter 501, Occupations Code, is
amended by adding Section 501.160 to read as follows:
Sec. 501.160. USE OF TECHNOLOGY. The board shall implement
a policy requiring the use of appropriate technological solutions
to improve the board's ability to perform its functions. The policy
must ensure that the public is able to interact with the board on
the Internet.
SECTION 8. Subchapter D, Chapter 501, Occupations Code, is
amended by adding Section 501.161 to read as follows:
Sec. 501.161. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION. (a) The board shall develop and implement a
policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board's
jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
SECTION 9. Subchapter D, Chapter 501, Occupations Code, is
amended by adding Section 501.162 to read as follows:
Sec. 501.162. DEVELOPMENT OF PROPOSED RULES. (a) This
section applies to the process by which the board develops proposed
rules before the proposed rules are published in the Texas Register
and before the board complies with the rulemaking requirements of
the administrative procedure law, Chapter 2001, Government Code.
This section does not affect the duty of the board to comply with
the rulemaking requirements of that law.
(b) The board shall establish methods under which the board,
to the extent appropriate, will seek input early in the rule
development process from the public and from persons who will be
most affected by a proposed rule. Methods shall include
identifying persons who will be most affected and soliciting, at a
minimum, the advice and opinions of those persons.
(c) Methods may include negotiated rulemaking, informal
conferences, advisory committees, and any other appropriate
method.
(d) A rule adopted by the board may not be challenged on the
grounds that the board did not comply with this section. If the
board was unable to solicit a significant amount of advice and
opinion from the public or from affected persons early in the rule
development process, the board shall state in writing the reasons
why the board was unable to do so.
SECTION 10. Section 501.201(a), Occupations Code, is
amended to read as follows:
(a) The board shall prepare information of public interest
describing the functions of the board [and the procedures by which
complaints are filed with and resolved by the board].
SECTION 11. Section 501.203, Occupations Code, is amended
to read as follows:
Sec. 501.203. INFORMATION ABOUT COMPLAINT ACTIONS [RECORDS
OF COMPLAINTS]. (a) The board shall maintain a system to promptly
and efficiently act on complaints filed with the board. The board
shall maintain information about parties to a complaint, the
subject matter of the complaint, a summary of the results of the
review or investigation of the complaint, and the disposition of
the complaint [keep an information file about each complaint
relating to a license holder filed with the board. The information
file must be kept current and contain a record for each complaint
of:
[(1) each person contacted regarding the complaint;
[(2) a summary of findings made at each step of the
complaint process;
[(3) an explanation of the legal basis and reason for
dismissing a complaint;
[(4) the schedule established for the complaint under
Section 501.204 and a notation of any change in the schedule; and
[(5) other relevant information].
(b) The board shall make information available describing
its procedures for complaint investigation and resolution.
(c) The board shall periodically notify the complaint
parties of the status of the complaint [If a written complaint is
filed with the board that the board has authority to resolve, the
board, at least quarterly and] until final disposition [of the
complaint, shall notify the parties to the complaint of the status
of the complaint unless the notice would jeopardize an undercover
investigation].
(d) The board shall analyze complaints filed with the board
to identify any trends or issues related to certain violations,
including:
(1) the reason for each complaint;
(2) how each complaint was resolved; and
(3) the subject matter of each complaint that was not
within the jurisdiction of the board and how the board responded to
the complaint.
SECTION 12. Section 501.204, Occupations Code, is amended
by adding Subsection (e) to read as follows:
(e) The board shall assign priorities and investigate
complaints based on:
(1) the severity of the conduct alleged in the
complaint; and
(2) the degree of harm to public health and safety.
SECTION 13. Section 501.253, Occupations Code, is amended
by amending Subsection (b) and adding Subsections (e) and (f) to
read as follows:
(b) A provisional license holder is entitled to practice
psychology under the supervision of a psychologist to meet the
requirements for issuance of a license under Section 501.252. A
provisional license holder who is licensed in another state to
independently practice psychology and is in good standing in that
state and who seeks a license in this state is entitled to practice
psychology without the supervision of a psychologist during the
time that the board is processing the person's application for a
license.
(e) The board may not restrict the issuance of a license or
provisional license to an applicant who is licensed in another
state to independently practice psychology and is in good standing
in that state based on the number of years the applicant has been
licensed in good standing in that state.
(f) If an applicant who is licensed in another state to
independently practice psychology and is in good standing in that
state presents credentials from a national accreditation
organization to the board and the board determines that the
requirements for obtaining those credentials from that
organization are sufficient to protect the public, the board may
issue a provisional license to the applicant. An applicant who
obtains a provisional license under this subsection must have
passed the examination described by Section 501.256(b)(2).
SECTION 14. Section 501.256, Occupations Code, is amended
by amending Subsections (a) and (b) and adding Subsection (f) to
read as follows:
(a) The board shall administer to qualified applicants at
least annually the [oral and] written examination required by board
rules. The board shall have the [written portion of the]
examination[, if any,] validated by an independent testing
professional.
(b) The board shall determine the subject and scope of the
written examination [examinations] and establish an appropriate
fee [fees] for examinations administered. The examination must
test the applicant's knowledge of:
(1) the discipline and profession of psychology; and
(2) the laws and rules governing the profession of
psychology in this state.
(f) The board may not require an oral examination under this
section.
SECTION 15. Section 501.259(a), Occupations Code, is
amended to read as follows:
(a) The board[, with the advice of the Psychological
Associate Advisory Committee,] shall set standards for the issuance
of licenses to psychological personnel who hold a master's degree
from an accredited university or college in a program that is
primarily psychological in nature.
SECTION 16. Sections 501.263(a) and (b), Occupations Code,
are amended to read as follows:
(a) The board may issue a temporary license to an applicant
seeking to practice in this state for a limited time and limited
purpose [a permanent license, including a person seeking a license
by reciprocity under Section 501.262,] if the applicant:
(1) pays the required application fee;
(2) submits an application to the board in the form
prescribed by the board;
(3) is licensed, certified, or registered as a
psychologist or psychological associate by another state having
requirements substantially equal to those prescribed by this
chapter;
(4) is in good standing with the regulatory agency of
the jurisdiction in which the person is licensed, certified, or
registered;
(5) is supervised by a person licensed by the board
under this chapter with whom the temporary license holder may
consult during the time the person holds a temporary license; and
(6) [(5)] has passed an examination recognized by the
board as equivalent to the examination required by the board for a
permanent license under this chapter.
(b) A temporary license is valid only for the period
specified by the board and for the limited purpose approved by the
board [until the earlier of:
[(1) the date the board approves or denies the
temporary license holder's application for a permanent license; or
[(2) the first anniversary of the date the board
issues the temporary license if no action is taken by the board].
SECTION 17. Section 501.302(b), Occupations Code, is
amended to read as follows:
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the board the required
renewal fee and a fee in an amount [that is] equal to half of the
amount of the renewal [examination] fee that is set by the board
under Section 501.152 [for the license]. A person whose license has
been expired for more than 90 days but less than one year may renew
the license by paying to the board all unpaid renewal fees and a fee
in an amount [that is] equal to the amount of the renewal
[examination] fee that is set by the board under Section 501.152
[for the license].
SECTION 18. Section 501.303(b), Occupations Code, is
amended to read as follows:
(b) The person must pay to the board a fee that is equal to
the amount of the renewal [examination] fee for the license under
Section 501.153.
SECTION 19. Section 501.404, Occupations Code, is amended
to read as follows:
Sec. 501.404. SCHEDULE OF SANCTIONS. (a) The board by rule
shall adopt a [broad] schedule of the disciplinary sanctions that
the board may impose under this chapter. In adopting the schedule
of sanctions, the board shall ensure that the severity of the
sanction imposed is appropriate to the type of violation or conduct
that is the basis for disciplinary action [for violations under
this chapter].
(b) In determining the appropriate disciplinary action,
including the amount of any administrative penalty to assess, the
board shall consider whether the person:
(1) is being disciplined for multiple violations of
either this chapter or a rule or order adopted under this chapter;
or
(2) has previously been the subject of disciplinary
action by the board.
(c) In the case of a person described by:
(1) Subsection (b)(1), the board shall consider taking
a more severe disciplinary action, including revocation of the
person's license, than the disciplinary action that would be taken
for a single violation; and
(2) Subsection (b)(2), the board shall consider taking
a more severe disciplinary action, including revocation of the
person's license, than the disciplinary action that would be taken
for a person who has not previously been the subject of disciplinary
action by the board.
(d) The State Office of Administrative Hearings shall use
the schedule for any sanction imposed as the result of a hearing
conducted by that office.
SECTION 20. Section 501.410(b), Occupations Code, is
amended to read as follows:
(b) Rules adopted under Subsection (a) must:
(1) provide the complainant and the license holder an
opportunity to be heard; [and]
(2) require the presence of a member of the board's
legal staff, if the board has a legal staff, or, if the board does
not have a legal staff, a representative of the attorney general's
office to advise the board or board employees; and
(3) require the presence of at least one public member
of the board.
SECTION 21. Subchapter K, Chapter 501, Occupations Code, is
amended by adding Section 501.505 to read as follows:
Sec. 501.505. OPTION TO ORDER REFUND. (a) Under an
agreement resulting from an informal settlement conference, the
board may order a license holder to refund to the person who paid
for the psychological services at issue an amount not to exceed the
amount the person paid to the license holder for a service regulated
by this chapter instead of or in addition to imposing an
administrative penalty under this chapter.
(b) The board may not include an estimation of other damages
or harm in a refund order.
SECTION 22. Article 60.061(a), Code of Criminal Procedure,
is amended to read as follows:
(a) The Texas State Board of Medical Examiners, the Texas
State Board of Podiatric Medical Examiners, the State Board of
Dental Examiners, the Texas State Board of Pharmacy, the Texas
State Board of Examiners of Psychologists, and the State Board of
Veterinary Medical Examiners shall provide to the Department of
Public Safety through electronic means, magnetic tape, or disk, as
specified by the department, a list including the name, date of
birth, and any other personal descriptive information required by
the department for each person licensed by the respective agency.
Each agency shall update this information and submit to the
Department of Public Safety the updated information quarterly.
SECTION 23. Subchapter H, Chapter 501, Occupations Code, is
repealed.
SECTION 24. The Psychological Associate Advisory Committee
is abolished.
SECTION 25. The changes in law made by this Act to Section
501.053, Occupations Code, do not affect the entitlement of a
member serving on the Texas State Board of Examiners of
Psychologists immediately before September 1, 2005, to continue to
serve and function as a member of the Texas State Board of Examiners
of Psychologists for the remainder of the term the member is serving
on that date. Those changes in law apply only to a member appointed
on or after September 1, 2005.
SECTION 26. This Act takes effect September 1, 2005.