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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of sex offender treatment providers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 110.001, Occupations Code, is amended by |
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amending Subdivisions (6) and (7) and by adding Subdivision (8) to |
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read as follows: |
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(6) "Sex offender" means a person who: |
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(A) is convicted of committing or adjudicated to |
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have committed a sex crime under state or federal law; |
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(B) is awarded deferred adjudication for a sex |
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crime under state or federal law; or |
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(C) is convicted of, adjudicated to have |
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committed, or awarded deferred adjudication for an offense that is |
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based on sexually motivated conduct [admits to having violated
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state or federal law with regard to sexual conduct; or
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[(D) experiences or evidences a paraphiliac
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disorder as defined by the Revised Diagnostic and Statistical
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Manual, including any subsequent revision of that manual]. |
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(7) "Sex offender treatment provider" means a person, |
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licensed by the council and recognized based on training and |
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experience to provide assessment and treatment to adult sex |
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offenders or juveniles with sexual behavioral problems who have |
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been convicted, adjudicated, awarded deferred adjudication, or |
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referred by a state agency or a court, and licensed in this state |
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[or certified] to practice as [in this state, including] a |
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physician, psychiatrist, psychologist, psychological associate, |
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provisionally licensed pyschologist, licensed professional |
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counselor, licensed professional counselor intern, licensed |
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marriage and family therapist, licensed marriage and family |
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associate, licensed clinical social worker, licensed master [or] |
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social worker under a clinical supervision plan approved by the |
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Texas State Board of Social Worker Examiners, or advanced practice |
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nurse recognized as a psychiatric clinical nurse specialist or |
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psychiatric mental health nurse practicioner, who provides mental |
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health or medical services for rehabilitation of sex offenders. |
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(8) "Sexually motivated conduct" has the meaning |
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assigned by Section 841.002, Health and Safety Code. |
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SECTION 2. Subchapter A, Chapter 110, Occupations Code, is |
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amended by adding Section 110.002 to read as follows: |
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Sec. 110.002. ADJUNCT THERAPY. This chapter does not apply |
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to a person licensed to practice in this state who provides adjunct |
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therapy. |
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SECTION 3. Section 110.158, Occupations Code, is amended to |
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read as follows: |
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Sec. 110.158. RULEMAKING. (a) The council may adopt |
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rules consistent with this chapter. In adopting rules, the council |
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shall: |
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(1) consider the rules and procedures of the board and |
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the department; and |
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(2) adopt procedural rules consistent with similar |
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existing rules and procedures of the board or the department. |
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(b) A sex offender treatment provider licensed under this |
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chapter is subject to the rules of the council governing |
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confidentiality and the release and exchange of information rather |
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than the applicable rules of the licensing entity by which the |
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provider is licensed or otherwise regulated. This subsection does |
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not apply to the prescribing of a drug, remedy, or clinical supply |
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by a physician licensed under Subtitle B. |
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SECTION 4. Section 110.301, Occupations Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) A person may not provide sex offender treatment [a
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rehabilitation service] or act as a sex offender treatment provider |
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unless the person is licensed under this chapter. |
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(c) This section does not apply to a physician whose |
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treatment of a sex offender is limited to prescribing medication to |
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the sex offender. |
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SECTION 5. Section 110.001(5), Occupations Code, is |
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repealed. |
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SECTION 6. This Act takes effect September 1, 2007. |
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* * * * * |