80R1275 BEF-D

By: Van de Putte, Lucio S.B. No. 1505

A BILL TO BE ENTITLED

AN ACT

relating to the licensing and practice of psychological associates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 501.002(4), Occupations Code, is amended to read as follows:

(4) "Psychological associate" means a person licensed [who holds a license] to engage in the practice of psychology as a psychological associate [issued] under Section 501.252 [501.259].

SECTION 2. The heading to Section 501.252, Occupations Code, is amended to read as follows:

Sec. 501.252. APPLICATION FOR PSYCHOLOGIST OR PSYCHOLOGICAL ASSOCIATE LICENSE [APPLICATION].

SECTION 3. Section 501.252, Occupations Code, is amended by adding Subsection (b-1) and amending Subsection (c) to read as follows:

(b-1) A person may not be licensed as a psychological associate unless the person:

(1) is provisionally licensed as a psychological associate under this chapter; and

(2) has had at least three years of supervised experience in the field of psychological services, one year of which may be as part of the master's program and at least two years of which began after the date the person's master's degree was conferred by an institution of higher education.

(c) For purposes of Subsections [Subsection] (b)(2) and (b-1)(2), experience is supervised only if the experience is supervised by a psychologist in the manner provided by the board's supervision guidelines.

SECTION 4. Section 501.255(a), Occupations Code, is amended to read as follows:

(a) An applicant may take an examination for a provisional license if the applicant:

(1) is applying for a provisional license as a psychologist and has received:

(A) a doctoral degree in psychology from a regionally accredited educational institution conferred on or after January 1, 1979; or

(B) a doctoral degree in psychology, or the substantial equivalent of a doctoral degree in psychology in both subject matter and extent of training, from a regionally accredited educational institution conferred before January 1, 1979;

(2) is applying for a provisional license as a psychological associate and has received a master's degree from a regionally accredited educational institution with at least 45 hours of coursework in psychology;

(3) has attained the age of majority;

(4) [(3)] has good moral character;

(5) [(4)] is physically and mentally competent to provide psychological services with reasonable skill and safety, as determined by the board;

(6) [(5)] is not afflicted with a mental or physical disease or condition that would impair the applicant's competency to provide psychological services;

(7) [(6)] has not been convicted of a crime involving moral turpitude or a felony;

(8) [(7)] does not use drugs or alcohol to an extent that affects the applicant's professional competency;

(9) [(8)] has not engaged in fraud or deceit in making the application; and

(10) [(9)] except as provided by Section 501.263, has not:

(A) aided or abetted the practice of psychology by a person not licensed under this chapter in representing that the person is licensed under this chapter;

(B) represented that the applicant is licensed under this chapter to practice psychology when the applicant is not licensed; or

(C) practiced psychology in this state without a license under this chapter or without being exempt under this chapter.

SECTION 5. Section 501.259, Occupations Code, is amended to read as follows:

Sec. 501.259. PRACTICE BY [LICENSING OF] PSYCHOLOGICAL ASSOCIATE. (a) A psychological associate is not required to be supervised by a psychologist [The board shall set standards for the issuance of licenses to psychological personnel who hold a master's degree from an accredited university or college in a program that is primarily psychological in nature].

(b) The board shall designate a person who holds a psychological associate license [authorized by this section] by the [a] title [that includes the adjective] "psychological associate." [followed by a noun such as "associate," "assistant," "examiner," or "technician."]

SECTION 6. The heading to Section 501.303, Occupations Code, is amended to read as follows:

Sec. 501.303. RENEWAL OF EXPIRED LICENSE [BY OUT-OF-STATE PRACTITIONER].

SECTION 7. Section 501.303, Occupations Code, is amended by amending Subsection (b) and adding Subsections (c) and (d) to read as follows:

(b) A [The] person renewing a license under Subsection (a) must pay to the board a fee that is equal to the amount of the examination fee for the license.

(c) Except as provided by Subsection (d), the board may renew without reexamination an expired psychological associate license of a person who:

(1) was licensed as a psychological associate; and

(2) is currently licensed in good standing and has been practicing for the two years preceding the date the person applied for renewal as:

(A) a licensed specialist in school psychology;

(B) a licensed marriage and family therapist under Chapter 502;

(C) a licensed professional counselor under Chapter 503; or

(D) a social worker licensed under Chapter 505.

(d) An applicant for renewal under Subsection (c) who is currently licensed as a marriage and family therapist, licensed professional counselor, or social worker must pass a jurisprudence examination before renewing the person's psychological associate license under Subsection (c).

SECTION 8. Section 32.024, Human Resources Code, is amended by adding Subsection (gg) to read as follows:

(gg) The department shall provide reimbursement under the medical assistance program for psychological services provided by a psychological associate licensed under Chapter 501, Occupations Code.

SECTION 9. Section 1451.001(18), Insurance Code, is amended to read as follows:

(18) "Psychological associate" means an individual licensed as a psychological associate by the Texas State Board of Examiners of Psychologists [who practices solely under the supervision of a licensed psychologist].

SECTION 10. Not later than December 1, 2007, the Texas State Board of Examiners of Psychologists shall adopt rules necessary to implement the changes made by this Act.

SECTION 11. (a) The Texas State Board of Examiners of Psychologists shall issue a psychological associate license to a qualified applicant under this section who:

(1) applies for a license under this section not later than September 1, 2008;

(2) pays the application fee;

(3) has provided psychological services, as that term is defined in Section 501.003, Occupations Code, as an employee of a governmental agency or regionally accredited institution of higher education during the five years preceding the date the applicant files an application for a license under this section;

(4) has received a graduate degree in psychology from a regionally accredited educational institution;

(5) has passed the examinations required by the Texas State Board of Examiners of Psychologists for a psychological associate license; and

(6) meets the requirements in Sections 501.255(a)(3)-(10), Occupations Code.

(b) This section expires September 1, 2009.

SECTION 12. The changes in law made by this Act governing the requirements for a psychological associate license under Chapter 501, Occupations Code, apply only to an application for a license filed on or after the effective date of this Act. An application for a license filed before the effective date of this Act 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.

SECTION 13. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.

SECTION 14. This Act takes effect September 1, 2007.