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.