By:  Zaffirini                                                    S.B. No. 1899

A BILL TO BE ENTITLED
AN ACT
relating to the regulation of chemical dependency counselors. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 504.001, Occupations Code, is amended by adding Subdivisions (1-a), (3-b), and (4-a) to read as follows: (1-a) "Certified clinical supervisor" means a person who has a certified clinical supervisor credential approved by the International Certification Reciprocity Consortium. (3-b) "Department" means the Department of State Health Services. (4-a) "Peer assistance program" means a program under chapter 467 that meets the minimum criteria established by the department and is designed to assist a chemical dependency counselor whose ability to perform a professional service is impaired by abuse or dependency on drugs or alcohol. SECTION 2. Subchapter A, Chapter 504, Occupations Code, is amended by adding Section 504.0015 to read as follows: Sec. 504.0015. AUTHORITY OF DEPARTMENT OF STATE HEALTH SERVICES. (a) In this chapter, except as provided by Subsection (b), a reference to the Texas Commission on Alcohol and Drug Abuse means the Department of State Health Services. A reference to the executive director means the commissioner of the Department of State Health Services. (b) Rulemaking authority formerly exercised by the Texas Commission on Alcohol and Drug Abuse under this chapter is exercised by the executive commissioner of the Health and Human Services Commission. SECTION 3. Subchapter B, Chapter 504, Occupations Code, is amended by adding Section 504.058 to read as follows: Sec. 504.058. APPROVAL OF PEER ASSISTANCE PROGRAMS. (a) The department shall approve one or more peer assistance programs to which persons licensed under this chapter may seek assistance. The department shall approve peer assistance programs that meet the minimum criteria established by the department regardless of whether the program is established by a licensing or disciplinary authority or a professional association. (Privates not in scope of authority) (b) The department shall maintain a list of approved peer assistance programs for licensed chemical dependency counselors on the department's Internet website. SECTION 4. Subchapter D, Chapter 504, Occupations Code, is amended by adding Section 504.1511 to read as follows: Sec. 504.1511. INFORMATION INCLUDED ON LICENSE. A license issued under this chapter must include a designation of any other credential held by the license holder that is approved by the International Certification Reciprocity Consortium. The department shall list only the designation of a credential for which the license holder provides to the department a current certificate issued by the Texas Certification Board of Addiction Professionals. SECTION 5. Section 504.152, Occupations Code, is amended to read as follows: Sec. 504.152. ELIGIBILITY REQUIREMENTS. To be eligible for a license under this chapter, a person must: (1) be at least 18 years of age; (2) hold an associate degree or a more advanced degree; (3) have completed: (A) 135 hours, or nine semester hours, specific to substance abuse disorders and treatment and an additional 135 hours, or nine semester hours, specific or related to chemical dependency counseling; (B) 4,000 hours of approved supervised experience working with chemically dependent persons; and (C) 300 hours of approved supervised field work practicum; (4) provide two letters of reference from chemical dependency counselors; (5) pass a written examination approved by the department [commission]; (6) submit a case presentation to the test administrator; (7) pass an oral examination approved by the department [commission]; (8) be determined by the department [commission] to be worthy of the public trust and confidence; (9) successfully complete the chemical dependency counselor examination under Section 504.156; [and] (10) sign a written agreement to comply with the standards of ethics approved by the department; and (11) provide assurance to the department that the applicant has access to a peer assistance program [commission]. SECTION 6. Subchapter D, Chapter 504, Occupations Code, is amended by adding Section 504.1521 to read as follows: Sec. 504.1521. SUPERVISED WORK EXPERIENCE. (a) Supervised work experience obtained in this state must be obtained at a registered clinical training institution or under the supervision of a certified clinical supervisor. SECTION 7. Section 504.1525, Occupations Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows: (a) The department [commission] may not issue a license under this chapter to an applicant who has been: (1) convicted or placed on community supervision during the five years preceding the date of application in any jurisdiction for [an] offense equal to a Class B misdemeanor specified by department [commission] rule; (2) convicted or placed on community supervision in any jurisdiction for an offense equal to or greater than a Class A misdemeanor specified by department [commission] rule; or (3) found to be incapacitated by a court on the basis of a mental defect or disease. (4) If the offense is drug or alcohol related the department may choose to issue a license on a case by case basis. (c) The department issue a license under Subsection (4) if the department determines that the applicant has successfully completed participation in an approved peer assistance program or the department waives that requirement. SECTION 8. Section 504.2025, Occupations Code, is amended to read as follows: Sec. 504.2025. CERTAIN GROUNDS FOR REFUSAL TO RENEW LICENSE. (a) Except as provided by Subsection (b), the department [The commission] shall refuse to renew a license under this chapter on receipt of information from the Department of Public Safety or another law enforcement agency that the person has been convicted, placed on community supervision, or found to be incapacitated as described by Section 504.1525. (b) The department may renew a license under this section if the department determines that the person has completed participation in an approved peer assistance program subsequent to the conviction or placement on community supervision for an offense described by Section 504.1525 (4) or the department waives that requirement. SECTION 9. Subchapter E, Chapter 504, Occupations Code, is amended by adding Section 504.2026 to read as follows: Sec. 504.2026. REFUSAL TO RENEW LICENSE: ACCESS TO PEER ASSISTANCE PROGRAM. (a) Except as provided by Subsection (b), the department may not renew a license under this chapter unless the license holder provides assurance that the license holder has access to an approved peer assistance program. (b) The department may waive the requirement of Subsection (a) if the department determines that a peer assistance program is not reasonably available to the license holder. SECTION 10. (a) The Department of State Health Services shall approve one or more peer assistance programs under Section 504.058, Occupations Code, as added by this Act, not later than September 1, 2006, providing applications meet criteria approved by the department. (b) The changes in law made by this Act with regard to the grounds for issuance of a license under Chapter 504, Occupations Code, apply only to a license application filed on or after September 1, 2006. A license application filed before that date is governed by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose. (c) The changes in law made by this Act with regard to the grounds for renewal of a license under Chapter 504, Occupations Code, apply only to a license that expires on or after September 1, 2005. A license that expires before that date is governed by the law in effect on the date the license expired, and the former law is continued in effect for that purpose. SECTION 11. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2005. (b) Section 504.152, Occupations Code, as amended by this Act, and Sections 504.1521 and 504.2026, Occupations Code, as added by this Act, take effect September 1, 2006.