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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of chemical dependency counselors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 504.001, Occupations Code, is amended to |
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read as follows: |
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Sec. 504.001. DEFINITIONS. In this chapter: |
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(1) "Certified clinical supervisor" means a person |
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certified in accordance with Section 504.1521. |
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(2) "Chemical dependency counseling" means assisting |
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an individual or group to: |
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(A) develop an understanding of chemical |
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dependency problems; |
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(B) define goals; and |
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(C) plan action reflecting the individual's or |
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group's interest, abilities, and needs as affected by claimed or |
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indicated chemical dependency problems. |
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(3) [(2)] "Chemical dependency counselor" means a |
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person licensed under this chapter. |
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(4) "Clinical training institution" means a person |
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registered with the department in accordance with Section 504.1521 |
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to supervise a counselor intern. |
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(5) "Commissioner" means the commissioner of state |
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health services [(3)
"Commission" means the Texas Commission on
|
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Alcohol and Drug Abuse]. |
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(6) [(3-a)] "Counselor intern" means a person |
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registered with the department [commission] in accordance with |
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Section 504.1515. |
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(7) "Department" means the Department of State Health |
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Services. |
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(8) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(9) "Peer assistance program" means a program approved |
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by the department under Section 504.057. |
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(10) [(4)
"Executive director" means the executive
|
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director of the Texas Commission on Alcohol and Drug Abuse.
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[(5)] "Person" means an individual, corporation, |
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partnership, association, or other business or professional |
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entity. |
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(11) [(6)] "Practice of chemical dependency |
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counseling" means providing or offering to provide chemical |
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dependency counseling services involving the application of the |
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principles, methods, and procedures of the chemical dependency |
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counseling profession. |
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SECTION 2. Subsection (b), Section 504.002, Occupations |
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Code, is amended to read as follows: |
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(b) This chapter does not apply to an activity or service of |
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a person who: |
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(1) is employed as a counselor by a federal |
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institution and is providing chemical dependency counseling within |
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the scope of the person's employment; |
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(2) except as provided by Section 504.1515 [504.057], |
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is a student, intern, or trainee pursuing a supervised course of |
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study in counseling at a regionally accredited institution of |
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higher education or training institution, if the person: |
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(A) is designated as a "counselor intern"; and |
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(B) is engaging in the activity or providing the |
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service as part of the course of study; |
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(3) is not a resident of this state, if the person: |
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(A) engages in the activity or provides the |
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service in this state for not more than 30 days during any year; and |
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(B) is authorized to engage in the activity or |
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provide the service under the law of the state of the person's |
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residence; |
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(4) is a licensed physician, psychologist, |
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professional counselor, or social worker; |
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(5) is a religious leader of a congregation providing |
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pastoral chemical dependency counseling within the scope of the |
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person's duties; |
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(6) is working for or providing counseling with a |
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program exempt under Subchapter C, Chapter 464, Health and Safety |
|
Code; or |
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(7) is a school counselor certified by the State Board |
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for Educator Certification. |
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SECTION 3. Subchapters B and C, Chapter 504, Occupations |
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Code, are amended to read as follows: |
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SUBCHAPTER B. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND |
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DEPARTMENT [TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE] |
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Sec. 504.051. GENERAL POWERS AND DUTIES OF EXECUTIVE |
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COMMISSIONER [COMMISSION]. The executive commissioner |
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[commission] shall: |
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(1) adopt [and enforce] rules as necessary for the |
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performance of its duties under this chapter; |
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(2) establish standards of conduct and ethics for |
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persons licensed under this chapter; and |
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(3) establish any additional criteria for peer |
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assistance programs for chemical dependency counselors that the |
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executive commissioner determines necessary [ensure strict
|
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compliance with and enforcement of this chapter]. |
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Sec. 504.0515. GENERAL POWERS AND DUTIES OF DEPARTMENT. |
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The department shall: |
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(1) enforce rules as necessary for the performance of |
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its duties under this chapter; and |
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(2) ensure strict compliance with and enforcement of |
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this chapter. |
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Sec. 504.052. DISCRIMINATION PROHIBITED. In taking an |
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action or making a decision under this chapter, the executive |
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commissioner, commissioner, and department [commission] shall do |
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so without regard to the sex, race, religion, national origin, |
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color, or political affiliation of the person affected. For |
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purposes of this section, taking an action or making a decision |
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under this chapter includes: |
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(1) considering a license application; |
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(2) conducting an examination; |
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(3) adopting or enforcing a rule; and |
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(4) conducting a disciplinary proceeding. |
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Sec. 504.053. FEES; ACCOUNT. (a) The executive |
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commissioner [commission] shall set application, examination, |
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license renewal, and other fees in amounts sufficient to cover the |
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costs of administering this chapter. The amount of the license |
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renewal fee may not exceed $200. |
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(b) General revenue taxes may not be used to administer this |
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chapter. |
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Sec. 504.054. COLLECTION ACTION. A district court in |
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Travis County has exclusive jurisdiction of an action to collect an |
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obligation owed to the department [commission], including an |
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administrative penalty assessed under Subchapter G. |
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Sec. 504.055. OFFICIAL ROSTER. (a) The department |
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[commission] may prepare and publish a roster showing the name and |
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address, as reflected by the department's [commission's] records, |
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of each chemical dependency counselor. |
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(b) If the department [commission] publishes a roster under |
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this section, the department [commission] shall mail a copy of the |
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roster to each person licensed by the department [commission] and |
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shall file a copy of the roster with the secretary of state. |
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(c) A person's name and address may appear in the roster |
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only if each fee assessed against the person under this chapter is |
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current and paid in full at the time the roster is sent to the |
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printer or publisher. |
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(d) The department [commission] may charge a fee for the |
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roster published under this section. |
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Sec. 504.056. RULES RESTRICTING ADVERTISING OR COMPETITIVE |
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BIDDING. (a) The executive commissioner [commission] may not |
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adopt a rule restricting advertising or competitive bidding by a |
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person regulated by the department [commission] under this chapter |
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except to prohibit a false, misleading, or deceptive practice. |
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(b) The executive commissioner [commission] may not include |
|
in rules adopted under this chapter a rule that: |
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(1) restricts the person's use of any advertising |
|
medium; |
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(2) restricts the person's personal appearance or use |
|
of the person's voice in an advertisement; |
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(3) relates to the size or duration of an |
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advertisement by the person; or |
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(4) restricts the person's advertisement under a trade |
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name. |
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Sec. 504.057. APPROVAL OF PEER ASSISTANCE PROGRAMS. |
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(a) The department shall approve one or more peer assistance |
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programs established by the department or a professional |
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association in accordance with Chapter 467, Health and Safety Code, |
|
from which persons licensed under this chapter may seek assistance. |
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(b) The department shall approve a peer assistance program |
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that: |
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(1) meets the minimum criteria established by the |
|
executive commissioner or department under Chapter 467, Health and |
|
Safety Code; |
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(2) meets any additional criteria established by the |
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executive commissioner or department for chemical dependency |
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counselors licensed under this chapter; and |
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(3) is designed to assist a chemical dependency |
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counselor whose ability to perform a professional service is |
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impaired by abuse of or dependency on drugs or alcohol. |
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(c) The department shall maintain a list of approved peer |
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assistance programs for licensed chemical dependency counselors on |
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the department's Internet website. |
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SUBCHAPTER C. PUBLIC INTEREST INFORMATION AND |
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COMPLAINT PROCEDURES |
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Sec. 504.101. CONSUMER INTEREST INFORMATION. (a) The |
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department [commission] shall prepare information of consumer |
|
interest describing the regulatory functions of the department |
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[commission] and the procedures by which consumer complaints are |
|
filed with and resolved by the department [commission]. |
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(b) The department [commission] shall make the information |
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available to the public and appropriate state agencies. |
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Sec. 504.102. CONSUMER INFORMATION FOR FILING COMPLAINTS. |
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Each person licensed under this chapter shall display prominently |
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at all times in the person's place of business a sign containing: |
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(1) the name, mailing address, and telephone number of |
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the department [commission]; and |
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(2) a statement informing a consumer that a complaint |
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against a person licensed under this chapter may be directed to the |
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department [commission]. |
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Sec. 504.103. RECORDS OF COMPLAINTS. (a) The department |
|
[commission] shall keep information about each complaint filed with |
|
the department [commission]. The information must include: |
|
(1) the date the complaint is received; |
|
(2) the name of the complainant; |
|
(3) the subject matter of the complaint; |
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(4) a record of each person contacted in relation to |
|
the complaint; |
|
(5) a summary of the results of the review or |
|
investigation of the complaint; and |
|
(6) for a complaint for which the department |
|
[commission] took no action, an explanation of the reason the |
|
complaint was closed without action. |
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(b) The department [commission] shall keep an information |
|
file about each complaint filed with the department [commission] |
|
that the department [commission] has authority to resolve. |
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(c) The department [commission], at least quarterly and |
|
until final disposition of the complaint, shall notify the person |
|
filing the complaint and each person or entity that is the subject |
|
of the complaint of the status of the complaint unless the notice |
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would jeopardize an undercover investigation. |
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SECTION 4. Subchapter D, Chapter 504, Occupations Code, is |
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amended by adding Section 504.1511 to read as follows: |
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Sec. 504.1511. OTHER CERTIFICATIONS INCLUDED ON LICENSE. A |
|
license issued under this chapter must include an area on which a |
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license holder may apply an adhesive label issued by the Texas |
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Certification Board of Addiction Professionals with the |
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designation and expiration date of any other related certification |
|
held by the license holder that is approved by the International |
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Certification Reciprocity Consortium or another entity approved by |
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the department. |
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SECTION 5. Sections 504.1515 and 504.152, Occupations Code, |
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are amended to read as follows: |
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Sec. 504.1515. COUNSELOR INTERNS. (a) A person seeking a |
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license as a chemical dependency counselor shall register with the |
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department [commission] as a counselor intern by submitting, in a |
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form acceptable to the department [commission], the following: |
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(1) an application fee and a background investigation |
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fee; |
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(2) a completed, signed, dated, and notarized |
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application on a form prescribed by the department [commission]; |
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(3) a recent full-face wallet-sized photograph of the |
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applicant; |
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(4) two sets of fingerprints completed in accordance |
|
with department [commission] instructions on cards issued by the |
|
department [commission]; |
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(5) documentation verifying the applicant |
|
successfully completed: |
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(A) 270 total hours of approved curricula |
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described by Section 504.152(3)(A); and |
|
(B) 300 hours of approved supervised field work |
|
practicum described by Section 504.152(3)(C); and |
|
(6) documentation verifying the applicant received a |
|
high school diploma or its equivalent. |
|
(b) The department [commission] may obtain criminal history |
|
record information relating to a counselor intern or an applicant |
|
for registration as a counselor intern from the Department of |
|
Public Safety and the Federal Bureau of Investigation. |
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Sec. 504.152. ELIGIBILITY REQUIREMENTS. (a) To be |
|
eligible for a license under this chapter, a person must: |
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(1) be at least 18 years of age; |
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(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; |
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(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 to the department written assurance that |
|
the applicant has access to a peer assistance program [commission]. |
|
(b) The department may waive the requirement under |
|
Subsection (a)(11) if the department determines that a peer |
|
assistance program is not reasonably available to the license |
|
holder. |
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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) A |
|
counselor intern shall obtain the supervised work experience |
|
required under Section 504.152 that is obtained in this state at a |
|
clinical training institution or under the supervision of a |
|
certified clinical supervisor. |
|
(b) The executive commissioner shall adopt rules necessary |
|
to: |
|
(1) register clinical training institutions that meet |
|
the criteria established by the executive commissioner, |
|
commissioner, or department to protect the safety and welfare of |
|
the people of this state; and |
|
(2) certify clinical supervisors who hold |
|
certification credentials approved by the department or by a person |
|
designated by the department, such as the International |
|
Certification and Reciprocity Consortium or another person that |
|
meets the criteria established by the executive commissioner, |
|
commissioner, or department to protect the safety and welfare of |
|
the people of this state. |
|
SECTION 7. Sections 504.1525, 504.153, and 504.155, |
|
Occupations Code, are amended to read as follows: |
|
Sec. 504.1525. CERTAIN GROUNDS FOR LICENSE, REGISTRATION, |
|
OR CERTIFICATION REFUSAL; EXCEPTION. (a) Except as provided by |
|
Subsection (b), the department [The commission] may not issue a |
|
license, registration, or certification 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 executive commissioner [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 executive commissioner [commission] rule; |
|
or |
|
(3) found to be incapacitated by a court on the basis |
|
of a mental defect or disease. |
|
(b) The department may issue a license to a person convicted |
|
or placed on community supervision in any jurisdiction for a drug or |
|
alcohol offense described by Subsection (a)(1) or (2) if the |
|
department determines that the applicant has successfully |
|
completed participation in an approved peer assistance program. |
|
(c) Subsection (a) does not apply to an applicant who has, |
|
with respect to Subsection (a)(1) or (2), received a full pardon |
|
based on the person's wrongful conviction or, with respect to |
|
Subsection (a)(3), been found by a court to no longer be |
|
incapacitated. |
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Sec. 504.153. ALTERNATIVE QUALIFICATIONS AND EVIDENCE OF |
|
LICENSE REQUIREMENT SATISFACTION. (a) An applicant is exempt from |
|
the requirements of Sections 504.152(3)(A) and (C) if the applicant |
|
holds a baccalaureate degree or a more advanced degree in: |
|
(1) chemical dependency counseling; or |
|
(2) psychology, sociology, or any other related |
|
program approved by the department [commission]. |
|
(b) On presentation of documentation by an applicant who |
|
holds a degree described by Subsection (a), the department |
|
[commission] may waive any portion of the requirement established |
|
by Section 504.152(3)(B) that the department [commission] |
|
determines has been satisfied as evidenced by the documentation. |
|
Sec. 504.155. LICENSE APPLICATION. (a) An application for |
|
a license under this chapter must: |
|
(1) be on a form prescribed and furnished by the |
|
department [commission]; and |
|
(2) contain a statement made under oath of the |
|
applicant's education, experience, and other qualifications |
|
established by the department [commission] as required for a |
|
license under this chapter. |
|
(b) The department [commission] may require additional |
|
information regarding the quality, scope, and nature of the |
|
experience and competence of the applicant if the department |
|
[commission] determines that a person's application lacks |
|
sufficient information for consideration by the department |
|
[commission]. |
|
(c) The department [commission] may obtain criminal history |
|
record information relating to an applicant for a license under |
|
this chapter from the Department of Public Safety and the Federal |
|
Bureau of Investigation. The department [commission] may deny an |
|
application for a license if the applicant fails to provide two |
|
complete sets of fingerprints on a form prescribed by the |
|
department [commission]. |
|
(d) The issuance of a license by the department [commission] |
|
is conditioned on the receipt by the department [commission] of the |
|
applicant's criminal history record information. |
|
SECTION 8. Subsection (a), Section 504.156, Occupations |
|
Code, is amended to read as follows: |
|
(a) At least twice each year, the department [commission] |
|
may prepare and administer or contract with an organization |
|
approved by the International Certification Reciprocity Consortium |
|
to prepare and administer an examination to determine the |
|
qualifications of an applicant for a license under this chapter. |
|
The examination shall be conducted as determined by the department |
|
[commission] and in a manner that is fair and impartial to and takes |
|
into consideration each school or system of chemical dependency |
|
counseling. |
|
SECTION 9. Sections 504.157 through 504.161, Occupations |
|
Code, are amended to read as follows: |
|
Sec. 504.157. EXAMINATION RESULTS; REEXAMINATION. |
|
(a) The department [commission] shall notify each examinee of the |
|
results of the examination not later than the 45th [30th] day after |
|
the date the examination is administered. |
|
(b) If requested by an applicant who fails the examination, |
|
the department [commission] shall furnish the applicant with an |
|
analysis of the applicant's performance on the examination. |
|
(c) An applicant who fails the examination may take a |
|
subsequent examination on payment of the required examination fee. |
|
(d) The executive commissioner [commission] by rule shall |
|
establish the criteria under which an applicant may take a |
|
subsequent examination under Subsection (c). |
|
Sec. 504.158. PROVISIONAL LICENSE. (a) The department |
|
[commission] may issue a provisional license to an applicant who is |
|
licensed in another state. An applicant for a provisional license |
|
under this section must: |
|
(1) be licensed in good standing as a chemical |
|
dependency counselor at least two years in another state or country |
|
that has licensing requirements substantially equivalent to the |
|
requirements of this chapter; |
|
(2) have passed a national or other examination |
|
recognized by the department [commission] relating to the practice |
|
of chemical dependency counseling; and |
|
(3) be sponsored by a person licensed by the |
|
department [commission] under this chapter with whom the |
|
provisional license holder may practice. |
|
(b) The department [commission] may waive the requirement |
|
of Subsection (a)(3) if the department [commission] determines that |
|
compliance with that subsection would constitute a hardship to the |
|
applicant. |
|
(c) The department [commission] may establish a fee for a |
|
provisional license in an amount reasonable and necessary to cover |
|
the cost of issuing the license. |
|
(d) A provisional license is valid until the date the |
|
department [commission] approves or denies the provisional license |
|
holder's application for a license under Section 504.159. |
|
Sec. 504.159. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE |
|
HOLDER. (a) The department [commission] shall issue a license |
|
under this chapter to a provisional license holder who satisfies |
|
the eligibility requirements established by Section 504.152. When |
|
issuing a license under this subsection, the department |
|
[commission] may waive the requirements established by Sections |
|
504.152(6), (7), and (9). |
|
(b) The department [commission] shall complete the |
|
processing of a provisional license holder's application for a |
|
license not later than the 180th day after the date the provisional |
|
license is issued. The department [commission] may extend the |
|
180-day period if the department [commission] has not received |
|
information necessary to determine whether the applicant is |
|
eligible for a license as provided by Subsection (a). |
|
Sec. 504.160. ISSUANCE OF LICENSE TO CERTAIN OUT-OF-STATE |
|
APPLICANTS. (a) The department [commission] may, on application |
|
and payment of the appropriate fee, issue a license to a person who |
|
is licensed or certified by another state as a chemical dependency |
|
counselor if the department [commission] determines that the |
|
license or certificate requirements of that state are substantially |
|
equivalent to the requirements of this chapter. |
|
(b) The department [commission] may waive any license |
|
requirement for an applicant with a license or certificate issued |
|
by another state with which this state has a reciprocity agreement. |
|
Sec. 504.161. CRIMINAL HISTORY RECORD INFORMATION. |
|
(a) The department [commission] may obtain criminal history |
|
record information as provided by Section 411.1105 [411.132], |
|
Government Code, [as added by Chapter 18, Acts of the 75th
|
|
Legislature, Regular Session, 1997,] and consider that information |
|
in determining a person's license, registration, or certification |
|
status under this chapter. |
|
(b) The department [commission] may charge a person on whom |
|
criminal history record information is sought a fee in an amount set |
|
by the department [commission] as reasonably necessary to cover the |
|
costs of administering this section. A fee collected under this |
|
subsection may be appropriated only to the department [commission] |
|
to administer this section. |
|
SECTION 10. Subsection (a), Section 504.201, Occupations |
|
Code, is amended to read as follows: |
|
(a) A license issued under this chapter expires on the |
|
second anniversary of the date of issuance. The executive |
|
commissioner [commission] by rule shall adopt a system under which |
|
licenses expire on various dates during the year. |
|
SECTION 11. Sections 504.202 and 504.2025, Occupations |
|
Code, are amended to read as follows: |
|
Sec. 504.202. NOTICE OF LICENSE EXPIRATION AND REQUIREMENTS |
|
TO RENEW. Not later than the 31st day before the expiration date of |
|
a person's license, the department [commission] shall send to the |
|
license holder at the license holder's last known address according |
|
to department [commission] records written notice of: |
|
(1) the impending license expiration; |
|
(2) the amount of the renewal fee; and |
|
(3) any continuing education required to renew the |
|
license. |
|
Sec. 504.2025. CERTAIN GROUNDS FOR REFUSAL TO RENEW |
|
LICENSE, REGISTRATION, OR CERTIFICATION. (a) Except as provided |
|
by Subsection (b), the department [The commission] shall refuse to |
|
renew a license, registration, or certification 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 chapter if |
|
the department determines that the person has successfully |
|
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(b). |
|
SECTION 12. 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 to the department written documentation |
|
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 13. Subsections (a), (b), and (c), Section 504.203, |
|
Occupations Code, are amended to read as follows: |
|
(a) A person who is otherwise eligible to renew a license |
|
may renew an unexpired license by paying the required renewal fee to |
|
the department [commission] before the expiration date of the |
|
license. |
|
(b) If the person's license has been expired for 90 days or |
|
less, the person may renew the license by paying to the department |
|
[commission] a fee in an amount equal to one and one-half times the |
|
required renewal fee. |
|
(c) If the person's license has been expired for more than |
|
90 days but less than one year, the person may renew the license by |
|
paying to the department [commission] a fee in an amount equal to |
|
two times the required renewal fee. |
|
SECTION 14. Section 504.204, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 504.204. RENEWAL OF EXPIRED LICENSE OF OUT-OF-STATE |
|
PRACTITIONER. (a) The department [commission] may renew without |
|
reexamination an expired license of a person who was licensed in |
|
this state, moved to another state, and is currently licensed and |
|
has been in practice in the other state for the two years preceding |
|
the date the person applies for renewal. |
|
(b) The person must pay to the department [commission] a fee |
|
in an amount equal to two times the required renewal fee for the |
|
license. |
|
SECTION 15. Subsections (a), (b), and (d), Section 504.205, |
|
Occupations Code, are amended to read as follows: |
|
(a) The department [commission] shall recognize, prepare, |
|
or administer a continuing education program for chemical |
|
dependency counselors. The executive commissioner [commission] by |
|
rule shall provide for the administration of the continuing |
|
education requirements established under this section. |
|
(b) As a prerequisite for renewal of a license issued under |
|
this chapter, a license holder, other than a license holder subject |
|
to Subsection (c), must participate in the continuing education |
|
program and complete [at least 60 hours of] continuing education |
|
hours in each two-year licensing period as follows: |
|
(1) 40 hours if the license holder holds an associate's |
|
or bachelor's degree; and |
|
(2) 24 hours if the license holder holds a master's |
|
degree or a more advanced degree. |
|
(d) Except for the number of hours required, the executive |
|
commissioner [commission] may not adopt a rule under Subsection (a) |
|
that distinguishes between the continuing education requirements |
|
for a license holder subject to Subsection (b) and a license holder |
|
subject to Subsection (c). |
|
SECTION 16. Subsections (b) and (d), Section 504.206, |
|
Occupations Code, are amended to read as follows: |
|
(b) The department [commission] shall recognize, prepare, |
|
or administer a training component that satisfies the requirement |
|
of Subsection (a) for use in continuing education for chemical |
|
dependency counselors. |
|
(d) In developing the training component, the department |
|
[commission shall consult with the Texas Department of Health and] |
|
may, to the extent appropriate, consider the training course |
|
relating to hepatitis C developed by the department under Section |
|
94.002 [93.003], Health and Safety Code[, as added by Chapter 823,
|
|
Acts of the 76th Legislature, Regular Session, 1999]. |
|
SECTION 17. Subchapter F, Chapter 504, Occupations Code, is |
|
amended to read as follows: |
|
SUBCHAPTER F. DISCIPLINARY PROCEEDINGS |
|
Sec. 504.251. GROUNDS FOR LICENSE, REGISTRATION, OR |
|
CERTIFICATION DENIAL OR DISCIPLINARY ACTION. The department |
|
[commission] shall refuse to issue a license, registration, or |
|
certification issued by the department to an applicant, refuse to |
|
renew a license, registration, or certification holder's license, |
|
registration, or certification issued by the department, or take |
|
disciplinary action against the holder of a license, registration, |
|
or certification issued by the department [holder] if the applicant |
|
or license, registration, or certification holder: |
|
(1) violates or assists another to violate this |
|
chapter or a rule adopted under this chapter; |
|
(2) circumvents or attempts to circumvent this chapter |
|
or a rule adopted under this chapter; |
|
(3) directly or indirectly participates in a plan to |
|
evade this chapter or a rule adopted under this chapter; |
|
(4) has a license to practice chemical dependency |
|
counseling in another jurisdiction refused, suspended, or revoked |
|
for a reason that the department [commission] determines would |
|
constitute a violation of this chapter or a rule adopted under this |
|
chapter; |
|
(5) engages in false, misleading, or deceptive conduct |
|
as defined by Section 17.46, Business & Commerce Code; |
|
(6) engages in conduct that discredits or tends to |
|
discredit the profession of chemical dependency counseling; |
|
(7) directly or indirectly reveals a confidential |
|
communication made to the person by a client or recipient of |
|
services, except as required by law; |
|
(8) refuses to perform an act or service the person is |
|
licensed, registered, or certified to perform under this chapter on |
|
the basis of the client's or recipient's age, sex, race, religion, |
|
national origin, color, or political affiliation; or |
|
(9) commits an act for which liability exists under |
|
Chapter 81, Civil Practice and Remedies Code. |
|
Sec. 504.252. DISCIPLINARY POWERS OF DEPARTMENT |
|
[COMMISSION]. (a) On a determination that grounds exist to deny a |
|
license, registration, or certification issued by the department or |
|
license, registration, or certification renewal issued by the |
|
department or to take disciplinary action against the holder of a |
|
license, registration, or certification issued by the department |
|
[holder], the department [commission] may: |
|
(1) refuse to issue or renew a license, registration, |
|
or certification; |
|
(2) revoke or suspend a license, registration, or |
|
certification; |
|
(3) place on probation a license, registration, or |
|
certification holder whose license, registration, or certification |
|
is suspended; or |
|
(4) reprimand a license, registration, or |
|
certification holder. |
|
(b) If the department [commission] places on probation a |
|
license, registration, or certification holder whose license, |
|
registration, or certification issued by the department is |
|
suspended, the department [commission] may require the license, |
|
registration, or certification holder to: |
|
(1) report regularly to the department [commission] on |
|
matters that are the basis of the probation; |
|
(2) limit practice to the areas prescribed by the |
|
department [commission]; or |
|
(3) continue or review professional education until |
|
the license, registration, or certification holder attains a degree |
|
of skill satisfactory to the department [commission] in the areas |
|
that are the basis of the probation. |
|
Sec. 504.2525. SUMMARY LICENSE, REGISTRATION, OR |
|
CERTIFICATION SUSPENSION. (a) The department [commission] shall |
|
suspend the license, registration, or certification issued by the |
|
department of a license, registration, or certification holder if |
|
the department [commission] receives written notice from the |
|
Department of Public Safety or another law enforcement agency that |
|
the license, registration, or certification holder has been |
|
charged, indicted, placed on deferred adjudication, community |
|
supervision, or probation, or convicted of an offense described by |
|
Section 504.1525. |
|
(b) To initiate a proceeding to take action under Subsection |
|
(a), the department [commission] must serve notice on the license, |
|
registration, or certification holder. The notice must: |
|
(1) state the grounds for summary suspension; and |
|
(2) be personally served on the license, registration, |
|
or certification holder or sent to the license, registration, or |
|
certification holder by certified or registered mail, return |
|
receipt requested, to the license, registration, or certification |
|
holder's mailing address as it appears in the department's |
|
[commission's] records. |
|
(c) The suspension is effective at the time notice is |
|
served. The license, registration, or certification holder is |
|
entitled to appeal the suspension as provided by Section 504.255. |
|
Sec. 504.253. COMPLAINT AND INVESTIGATION. (a) A person |
|
may file a complaint with the department [commission] alleging a |
|
violation of this chapter. The complaint must be in writing and |
|
under oath. |
|
(b) The department [commission] shall provide to the person |
|
filing the complaint and to each person or entity that is the |
|
subject of the complaint the department's [commission's] policies |
|
and procedures pertaining to complaint investigation and |
|
resolution. |
|
Sec. 504.254. RIGHT TO ADMINISTRATIVE HEARING. (a) If the |
|
department [commission] proposes to suspend, revoke, or refuse to |
|
renew a person's license, registration, or certification issued by |
|
the department, the person is entitled to a hearing conducted by the |
|
State Office of Administrative Hearings. |
|
(b) Procedures for disciplinary action are governed by |
|
Chapter 2001, Government Code. Rules of practice adopted by the |
|
executive commissioner [commission] under Section 2001.004, |
|
Government Code, applicable to the proceedings for a disciplinary |
|
action may not conflict with rules adopted by the State Office of |
|
Administrative Hearings. |
|
Sec. 504.255. APPEAL OF CERTAIN [LICENSE] DENIALS, REFUSALS |
|
TO RENEW, AND SUSPENSIONS. (a) A person whose license, |
|
registration, or certification application is denied under Section |
|
504.1525, whose license, registration, or certification renewal is |
|
refused under Section 504.2025, or whose license, registration, or |
|
certification is suspended under Section 504.2525 may appeal the |
|
denial, refusal to renew, or suspension on the grounds that: |
|
(1) the sole basis for the department's [commission's] |
|
determination is a conviction or placement on community supervision |
|
for an offense described by Section 504.1525; and |
|
(2) sufficient time, as determined by executive |
|
commissioner [commission] rule, has expired since the date of the |
|
conviction or placement. |
|
(b) A proceeding under this section is governed by Chapter |
|
2001, Government Code. |
|
(c) After a hearing under this section, the department |
|
[commission] may determine that the person is entitled to a |
|
license, registration, or certification under this chapter. |
|
SECTION 18. Sections 504.301 and 504.303 through 504.307, |
|
Occupations Code, are amended to read as follows: |
|
Sec. 504.301. IMPOSITION OF PENALTY. The department |
|
[commission] may impose an administrative penalty on a person who |
|
violates this chapter or a rule adopted under this chapter. |
|
Sec. 504.303. NOTICE OF VIOLATION AND PENALTY. If, after |
|
investigation of a possible violation and the facts surrounding the |
|
possible violation, the department [commission] determines that a |
|
violation occurred, the department [commission] shall give written |
|
notice of the violation to the person alleged to have committed the |
|
violation. The notice must: |
|
(1) include a brief summary of the alleged violation; |
|
(2) state the amount of the proposed administrative |
|
penalty; and |
|
(3) inform the person of the person's right to a |
|
hearing on the occurrence of the violation, the amount of the |
|
penalty, or both. |
|
Sec. 504.304. PENALTY TO BE PAID OR HEARING REQUESTED. |
|
(a) Not later than the 20th day after the date the person receives |
|
the notice under Section 504.303, the person may: |
|
(1) accept the department's [commission's] |
|
determination and proposed administrative penalty; or |
|
(2) make a written request for a hearing on that |
|
determination. |
|
(b) If the person accepts the department's [commission's] |
|
determination, the commissioner [executive director] or the |
|
commissioner's [executive director's] designee by order shall |
|
approve the determination and assess the proposed penalty. |
|
Sec. 504.305. HEARING. (a) If the person requests a |
|
hearing in a timely manner, the department [commission] shall set a |
|
hearing and give written notice of the hearing to the person. |
|
(b) The department [commission] may employ a hearings |
|
examiner for this purpose. |
|
(c) The hearings examiner shall: |
|
(1) make findings of fact and conclusions of law; and |
|
(2) promptly issue to the commissioner [executive
|
|
director] or the commissioner's [executive director's] designee a |
|
proposal for decision as to the occurrence of the violation and the |
|
amount of any proposed administrative penalty. |
|
Sec. 504.306. DECISION BY DEPARTMENT [COMMISSION]. |
|
(a) Based on the findings of fact, conclusions of law, and |
|
recommendations of the hearings examiner, the commissioner |
|
[executive director] or the commissioner's [executive director's] |
|
designee by order may determine that: |
|
(1) a violation occurred and assess an administrative |
|
penalty; or |
|
(2) a violation did not occur. |
|
(b) The department [commission] shall give notice of the |
|
order to the person. The notice must include: |
|
(1) separate statements of the findings of fact and |
|
conclusions of law; |
|
(2) the amount of any penalty assessed; and |
|
(3) a statement of the person's right to judicial |
|
review of the order. |
|
Sec. 504.307. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. |
|
(a) Not later than the 30th day after the date the department's |
|
[commission's] order becomes final, the person shall: |
|
(1) pay the administrative penalty; |
|
(2) pay the penalty and file a petition for judicial |
|
review contesting the fact of the violation, the amount of the |
|
penalty, or both; or |
|
(3) without paying the penalty, file a petition for |
|
judicial review contesting the fact of the violation, the amount of |
|
the penalty, or both. |
|
(b) Within the 30-day period, a person who acts under |
|
Subsection (a)(3) may: |
|
(1) stay enforcement of the penalty by: |
|
(A) paying the penalty to the court for placement |
|
in an escrow account; or |
|
(B) giving to the court a supersedeas bond |
|
approved by the court that: |
|
(i) is for the amount of the penalty; and |
|
(ii) is effective until judicial review of |
|
the order is final; or |
|
(2) request the court to stay enforcement of the |
|
penalty by: |
|
(A) filing with the court a sworn affidavit of |
|
the person stating that the person is financially unable to pay the |
|
penalty and is financially unable to give the supersedeas bond; and |
|
(B) giving a copy of the affidavit to the |
|
department [commission] by certified mail. |
|
(c) If the department [commission] receives a copy of an |
|
affidavit under Subsection (b)(2), the department [commission] may |
|
file with the court a contest to the affidavit not later than the |
|
fifth day after the date the copy is received. |
|
(d) The court shall hold a hearing on the facts alleged in |
|
the affidavit as soon as practicable and shall stay enforcement of |
|
the penalty on finding that the alleged facts are true. The person |
|
who files an affidavit has the burden of proving that the person is |
|
financially unable to pay the penalty and to give a supersedeas |
|
bond. |
|
SECTION 19. Section 504.310, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 504.310. COLLECTION OF PENALTY. (a) In this section, |
|
"reasonable expenses and costs" includes expenses incurred by the |
|
department [commission] and the attorney general in the |
|
investigation, initiation, or prosecution of an action, including |
|
reasonable investigative costs, court costs, attorney's fees, |
|
witness fees, and deposition expenses. |
|
(b) If the person does not pay the administrative penalty |
|
and the enforcement of the penalty is not stayed under Section |
|
504.307, the department [commission] may refer the matter to the |
|
attorney general for collection of the penalty. |
|
(c) The department [commission] may assess reasonable |
|
expenses and costs against a person in an administrative hearing |
|
if, as a result of the hearing, an administrative penalty is |
|
assessed against the person. The person shall pay expenses and |
|
costs assessed under this subsection not later than the 30th day |
|
after the date the order of the commissioner [executive director] |
|
or the commissioner's [executive director's] designee requiring the |
|
payment of expenses and costs is final. The department |
|
[commission] may refer the matter to the attorney general for |
|
collection of expenses and costs. |
|
(d) If the attorney general brings an action against a |
|
person to enforce an administrative penalty assessed under this |
|
chapter and the person is found liable for the administrative |
|
penalty, the attorney general may recover, on behalf of the |
|
attorney general and the department [commission], reasonable |
|
expenses and costs. |
|
SECTION 20. Subsections (a) and (b), Section 504.351, |
|
Occupations Code, are amended to read as follows: |
|
(a) If it appears that a person has violated, is violating, |
|
or is threatening to violate this chapter or a rule adopted under |
|
this chapter, the department [commission] or the attorney general |
|
at the request of the department [commission] may institute an |
|
action in district court for an injunction, a civil penalty, or |
|
both. |
|
(b) On application for injunctive relief and a finding that |
|
a person is violating or threatening to violate this chapter or a |
|
rule adopted under this chapter, the district court may grant |
|
injunctive relief as the facts warrant. The department |
|
[commission] is not required to give an appeal bond in an appeal of |
|
an action seeking injunctive relief under this section. |
|
SECTION 21. Subdivisions (1), (2), and (5), Section |
|
467.001, Health and Safety Code, are amended to read as follows: |
|
(1) "Approved peer assistance program" means a program |
|
that is designed to help an impaired professional and that is: |
|
(A) established by a licensing or disciplinary |
|
authority; or |
|
(B) approved by a licensing or disciplinary |
|
authority as meeting the criteria established by the department |
|
[Texas Commission on Alcohol and Drug Abuse] and any additional |
|
criteria established by that licensing or disciplinary authority. |
|
(2) "Department" means the Department of State Health |
|
Services ["Commission" means the Texas Commission on Alcohol and
|
|
Drug Abuse]. |
|
(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, social worker, chemical dependency counselor, |
|
occupational therapist, speech-language pathologist, audiologist, |
|
licensed dietitian, or dental or dental hygiene school faculty |
|
member. |
|
SECTION 22. Section 467.003, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 467.003. PROGRAMS. (a) A professional association or |
|
licensing or disciplinary authority may establish a peer assistance |
|
program to identify and assist impaired professionals in accordance |
|
with the minimum criteria established by the department |
|
[commission] and any additional criteria established by the |
|
appropriate licensing or disciplinary authority. |
|
(b) A peer assistance program established by a professional |
|
association is not governed by or entitled to the benefits of this |
|
chapter unless the association submits evidence to the appropriate |
|
licensing or disciplinary authority showing that the association's |
|
program meets the minimum criteria established by the department |
|
[commission] and any additional criteria established by that |
|
authority. |
|
(c) If a licensing or disciplinary authority receives |
|
evidence showing that a peer assistance program established by a |
|
professional association meets the minimum criteria established by |
|
the department [commission] and any additional criteria |
|
established by that authority, the authority shall approve the |
|
program. |
|
(d) A licensing or disciplinary authority may revoke its |
|
approval of a program established by a professional association |
|
under this chapter if the authority determines that: |
|
(1) the program does not comply with the criteria |
|
established by the department [commission] or by that authority; |
|
and |
|
(2) the professional association does not bring the |
|
program into compliance within a reasonable time, as determined by |
|
that authority. |
|
SECTION 23. Section 411.1105, Government Code, is amended |
|
to read as follows: |
|
Sec. 411.1105. ACCESS TO CRIMINAL HISTORY RECORD |
|
INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES [TEXAS COMMISSION
|
|
ON ALCOHOL AND DRUG ABUSE]. (a) The Department of State Health |
|
Services [Texas Commission on Alcohol and Drug Abuse] is entitled |
|
to obtain from the department criminal history record information |
|
maintained by the department that relates to a person who is: |
|
(1) an applicant for a chemical dependency counselor's |
|
license, a counselor intern's registration, or a clinical |
|
supervisor certification under Chapter 504, Occupations Code; or |
|
(2) the holder of a license, registration, or |
|
certification under that chapter. |
|
(b) In addition to information obtained from the Federal |
|
Bureau of Investigation under Section 411.087, the Department of |
|
State Health Services [Texas Commission on Alcohol and Drug Abuse] |
|
is entitled to obtain information relating to the wanted persons |
|
status of an individual listed in Subsection (a). |
|
(c) Criminal history record information obtained by the |
|
Department of State Health Services [Texas Commission on Alcohol
|
|
and Drug Abuse] under Subsection (a) may not be released or |
|
disclosed to any person except on court order, with the consent of |
|
the person who is the subject of the criminal history record |
|
information, or as provided by Subsection (d). |
|
(d) The Department of State Health Services [Texas
|
|
Commission on Alcohol and Drug Abuse] may provide the applicant or |
|
licensee with a copy of the person's criminal history record |
|
information obtained from the Department of Public Safety, Federal |
|
Bureau of Investigation identification division, or another law |
|
enforcement agency. |
|
SECTION 24. Section 504.154, Occupations Code, is repealed. |
|
SECTION 25. (a) Not later than May 1, 2008, the executive |
|
commissioner of the Health and Human Services Commission shall |
|
adopt the rules and the Department of State Health Services shall |
|
adopt the procedures necessary to implement the changes in law made |
|
by this Act. |
|
(b) The Department of State Health Services shall approve |
|
one or more peer assistance programs as required under Section |
|
504.057, Occupations Code, as added by this Act, not later than |
|
September 1, 2008, provided that applicants for approval under that |
|
section meet the criteria established by the department. |
|
(c) Section 504.1521, Occupations Code, as added by this |
|
Act, and Section 504.1525, Occupations Code, as amended by this |
|
Act, apply only to an initial license application filed on or after |
|
September 1, 2008. An initial 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 for the initial license application. |
|
(d) The changes in law made by this Act to Section 504.2025, |
|
Occupations Code, apply only to a renewal application filed on or |
|
after September 1, 2008. A renewal application filed before that |
|
date is governed for that renewal term by the law in effect on the |
|
date the renewal application was filed, and the former law is |
|
continued in effect for that purpose. A subsequent renewal |
|
application filed on or after the date of expiration of that license |
|
renewal term is subject to the changes in law made by this Act to |
|
Section 504.2025, Occupations Code. |
|
SECTION 26. (a) Except as provided by Subsection (b) of |
|
this section, this Act takes effect September 1, 2007. |
|
(b) Sections 504.1521 and 504.2025, Occupations Code, as |
|
added by this Act, take effect September 1, 2008. |