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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a psychologist to delegate certain |
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acts to a person under the psychologist's supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 501, Occupations Code, is amended by |
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adding Subchapter H to read as follows: |
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SUBCHAPTER H. PRACTICE BY PSYCHOLOGIST |
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Sec. 501.351. GENERAL AUTHORITY TO DELEGATE. (a) A |
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psychologist licensed under this chapter may delegate to a |
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qualified and properly trained person acting under the |
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psychologist's supervision, including a provisionally licensed |
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psychologist, a newly licensed psychologist who is not eligible for |
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managed care panels, and any other licensed or credentialed service |
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provider, any psychological test or service that a reasonable and |
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prudent psychologist could delegate within the scope of sound |
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psychological judgment if the psychologist determines that: |
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(1) the test or service can be properly and safely |
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performed by the person; |
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(2) the person does not represent to the public that |
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the person is authorized to practice psychology; and |
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(3) the test or service will be performed in the |
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customary manner and in compliance with any other law. |
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(b) The delegating psychologist remains responsible for the |
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psychological test or service performed by the person to whom the |
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test or service is delegated, and the test or service is considered |
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to be delivered by the delegating psychologist for billing |
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purposes, including bills submitted to third party payors. The |
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person must inform each patient on whom the test or service is |
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performed that the person is being supervised by a licensed |
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psychologist. |
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(c) The board may determine whether: |
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(1) a psychological test or service may be properly |
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and safely delegated under this section; and |
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(2) a delegated act constitutes the practice of |
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psychology under this chapter. |
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(d) A person who is a licensed psychologist and to whom |
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another psychologist delegates a psychological test or service |
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under this section may represent that the person is engaged in the |
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practice of psychology. |
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Sec. 501.352. PERFORMANCE OF DELEGATED ACT DOES NOT |
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CONSTITUTE PRACTICE OF PSYCHOLOGY. A person to whom a psychologist |
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delegates a psychological test or service under Section 501.351(a) |
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is not considered to be engaged in the practice of psychology |
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without a license unless the person acts with the knowledge that the |
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delegation and the action taken under the delegation violates this |
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subtitle. |
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Sec. 501.353. BOARD RULES REGARDING DELEGATION. In |
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adopting rules on delegation under this subchapter, the board shall |
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promote a psychologist's exercise of professional judgment to |
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decide which psychological tests and services may be safely |
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delegated. |
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SECTION 2. This Act takes effect September 1, 2009. |