80R2351 YDB-D

By: Zaffirini S.B. No. 155

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 to read as follows:

Sec. 504.001. DEFINITIONS. In this chapter:

(1) "Certified clinical supervisor" means a person certified in accordance with Section 504.1521.

(2) "Chemical dependency counseling" means assisting an individual or group to:

(A) develop an understanding of chemical dependency problems;

(B) define goals; and

(C) plan action reflecting the individual's or group's interest, abilities, and needs as affected by claimed or indicated chemical dependency problems.

(3) [(2)] "Chemical dependency counselor" means a person licensed under this chapter.

(4) "Clinical training institution" means a person registered with the department in accordance with Section 504.1521 to supervise a counselor intern.

(5) "Commissioner" means the commissioner of state health services [(3) "Commission" means the Texas Commission on Alcohol and Drug Abuse].

(6) [(3-a)] "Counselor intern" means a person registered with the department [commission] in accordance with Section 504.1515.

(7) "Department" means the Department of State Health Services.

(8) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.

(9) "Peer assistance program" means a program approved by the department under Section 504.058.

(10) [(4) "Executive director" means the executive director of the Texas Commission on Alcohol and Drug Abuse.

[(5)] "Person" means an individual, corporation, partnership, association, or other business or professional entity.

(11) [(6)] "Practice of chemical dependency counseling" means providing or offering to provide chemical dependency counseling services involving the application of the principles, methods, and procedures of the chemical dependency counseling profession.

SECTION 2. Subchapters B and C, Chapter 504, Occupations Code, are amended to read as follows:

SUBCHAPTER B. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND

DEPARTMENT [TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE]

Sec. 504.051. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER [COMMISSION]. The executive commissioner [commission] shall:

(1) adopt [and enforce] rules as necessary for the performance of its duties under this chapter;

(2) establish standards of conduct and ethics for persons licensed under this chapter; and

(3) establish any additional criteria for peer assistance programs for chemical dependency counselors that the executive commissioner determines necessary [ensure strict compliance with and enforcement of this chapter].

Sec. 504.0515. GENERAL POWERS AND DUTIES OF DEPARTMENT. The department shall:

(1) enforce rules as necessary for the performance of its duties under this chapter; and

(2) ensure strict compliance with and enforcement of this chapter.

Sec. 504.052. DISCRIMINATION PROHIBITED. In taking an action or making a decision under this chapter, the executive commissioner, commissioner, and department [commission] shall do so without regard to the sex, race, religion, national origin, color, or political affiliation of the person affected. For purposes of this section, taking an action or making a decision under this chapter includes:

(1) considering a license application;

(2) conducting an examination;

(3) adopting or enforcing a rule; and

(4) conducting a disciplinary proceeding.

Sec. 504.053. FEES; ACCOUNT. (a) The department [commission] shall set application, examination, license renewal, and other fees in amounts sufficient to cover the costs of administering this chapter. The amount of the license renewal fee may not exceed $200.

(b) General revenue taxes may not be used to administer this chapter.

Sec. 504.054. COLLECTION ACTION. A district court in Travis County has exclusive jurisdiction of an action to collect an obligation owed to the department [commission], including an administrative penalty assessed under Subchapter G.

Sec. 504.055. OFFICIAL ROSTER. (a) The department [commission] may prepare and publish a roster showing the name and address, as reflected by the department's [commission's] records, of each chemical dependency counselor.

(b) If the department [commission] publishes a roster under this section, the department [commission] shall mail a copy of the roster to each person licensed by the department [commission] and shall file a copy of the roster with the secretary of state.

(c) A person's name and address may appear in the roster only if each fee assessed against the person under this chapter is current and paid in full at the time the roster is sent to the printer or publisher.

(d) The department [commission] may charge a fee for the roster published under this section.

Sec. 504.056. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The executive commissioner [commission] may not adopt a rule restricting advertising or competitive bidding by a person regulated by the department [commission] under this chapter except to prohibit a false, misleading, or deceptive practice.

(b) The executive commissioner [commission] may not include in rules adopted under this chapter a rule that:

(1) restricts the person's use of any advertising medium;

(2) restricts the person's personal appearance or use of the person's voice in an advertisement;

(3) relates to the size or duration of an advertisement by the person; or

(4) restricts the person's advertisement under a trade name.

Sec. 504.057. APPROVAL OF PEER ASSISTANCE PROGRAMS. (a) The department shall approve one or more peer assistance programs established by the department or a professional association in accordance with Chapter 467, Health and Safety Code, from which persons licensed under this chapter may seek assistance.

(b) The department shall approve a peer assistance program that:

(1) meets the minimum criteria established by the executive commissioner or department under Chapter 467, Health and Safety Code;

(2) meets any additional criteria established by the executive commissioner or department for chemical dependency counselors licensed under this chapter; and

(3) is designed to assist a chemical dependency counselor whose ability to perform a professional service is impaired by abuse of or dependency on drugs or alcohol.

(c) The department shall maintain a list of approved peer assistance programs for licensed chemical dependency counselors on the department's Internet website.

SUBCHAPTER C. PUBLIC INTEREST INFORMATION AND

COMPLAINT PROCEDURES

Sec. 504.101. CONSUMER INTEREST INFORMATION. (a) The department [commission] shall prepare information of consumer interest describing the regulatory functions of the department [commission] and the procedures by which consumer complaints are filed with and resolved by the department [commission].

(b) The department [commission] shall make the information available to the public and appropriate state agencies.

Sec. 504.102. CONSUMER INFORMATION FOR FILING COMPLAINTS. Each person licensed under this chapter shall display prominently at all times in the person's place of business a sign containing:

(1) the name, mailing address, and telephone number of the department [commission]; and

(2) a statement informing a consumer that a complaint against a person licensed under this chapter may be directed to the department [commission].

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;

(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.

(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.

(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 would jeopardize an undercover investigation.

SECTION 3. Subchapter D, Chapter 504, Occupations Code, is amended by adding Section 504.1511 to read as follows:

Sec. 504.1511. OTHER CERTIFICATIONS INCLUDED ON LICENSE. A license issued under this chapter must include the designation and expiration date of any other related certification held by the license holder:

(1) that is approved by the International Certification Reciprocity Consortium or another entity approved by the department; and

(2) for which the license holder provides to the department a copy of a current certificate issued by the Texas Certification Board of Addiction Professionals or another entity approved by the department.

SECTION 4. Sections 504.1515 and 504.152, Occupations Code, are amended to read as follows:

Sec. 504.1515. COUNSELOR INTERNS. (a) A person seeking a license as a chemical dependency counselor shall register with the department [commission] as a counselor intern by submitting, in a form acceptable to the department [commission], the following:

(1) an application fee and a background investigation fee;

(2) a completed, signed, dated, and notarized application on a form prescribed by the department [commission];

(3) a recent full-face wallet-sized photograph of the applicant;

(4) two sets of fingerprints completed in accordance with department [commission] instructions on cards issued by the department [commission];

(5) documentation verifying the applicant successfully completed:

(A) 270 total hours of approved curricula 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.

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 to the department written assurance that the applicant has access to a peer assistance program [commission].

SECTION 5. 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 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 6. Sections 504.1525, 504.153, 504.154, and 504.155, Occupations Code, are amended to read as follows:

Sec. 504.1525. CERTAIN GROUNDS FOR LICENSE REFUSAL; EXCEPTION. (a) Except as provided by Subsection (b), the department [The 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 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.

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. 504.154. LICENSING WITHOUT EXAMINATION FOR CERTAIN APPLICANTS. An applicant may be licensed as a chemical dependency counselor without taking the examination required by Section 504.156 if the applicant:

(1) is certified on or before October 1, 1991, as an alcohol and drug abuse counselor by the Texas Association of Alcohol and Drug Abuse Counselors; or

(2) holds a baccalaureate degree in chemical dependency counseling or in sociology, psychology, criminology, or a related field conferred by an educational program approved by the department [commission] and has successfully completed two years of actual and active chemical dependency counseling experience approved by the department [commission] on or before October 1, 1991.

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 7. Section 504.156(a), 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 8. Sections 504.157-504.161, 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 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 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 9. Section 504.201(a), 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 10. 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. (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 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 11. 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 12. Sections 504.203(a), (b), and (c), 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 13. 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 14. Sections 504.205(a) and (d), 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.

(d) Except for the number of hours required, the department [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 15. Sections 504.206(b) and (d), 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 16. Subchapter F, Chapter 504, Occupations Code, is amended to read as follows: SUBCHAPTER F. DISCIPLINARY PROCEEDINGS

Sec. 504.251. GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY ACTION. The department [commission] shall refuse to issue a license to an applicant, refuse to renew a license holder's license, or take disciplinary action against a license holder if the applicant or license 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 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 or license renewal or to take disciplinary action against a license holder, the department [commission] may:

(1) refuse to issue or renew a license;

(2) revoke or suspend a license;

(3) place on probation a license holder whose license is suspended; or

(4) reprimand a license holder.

(b) If the department [commission] places on probation a license holder whose license is suspended, the department [commission] may require the license 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 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 SUSPENSION. (a) The department [commission] shall suspend the license of a license holder if the department [commission] receives written notice from the Department of Public Safety or another law enforcement agency that the license 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 holder. The notice must:

(1) state the grounds for summary suspension; and

(2) be personally served on the license holder or sent to the license holder by certified or registered mail, return receipt requested, to the license 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 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, 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 application is denied under Section 504.1525, whose license renewal is refused under Section 504.2025, or whose license 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 under this chapter.

SECTION 17. Sections 504.301 and 504.303-504.307, 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 18. 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 19. Sections 504.351(a) and (b), 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 20. Sections 467.001(1),(2), and (5), 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 21. 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 22. 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 under Chapter 504, Occupations Code; or

(2) the holder of a license 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 23. (a) Not later than May 1, 2008, the executive commissioner of the Health and Human Services Commission shall adopt the rules 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) The changes in law made by this Act to Section 504.1521, Occupations Code, as added by this Act, and Section 504.1525, Occupations Code, 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, 2007. 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 24. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2007.

(b) Section 504.1521, Occupations Code, as added by this Act, takes effect September 1, 2008.