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A BILL TO BE ENTITLED
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AN ACT
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relating to license requirements for certain government employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 501.004, Occupations Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by Subsection (a-1), this [This] |
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chapter does not apply to: |
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(1) the activity or service of a person, or the use of |
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an official title by the person, who is employed as a psychologist |
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or psychological associate by a governmental agency or regionally |
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accredited institution of higher education if the person performs |
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duties the person is employed by the agency or institution to |
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perform within the confines of the agency or institution; |
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(2) the activity or service of a student, intern, or |
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resident in psychology if: |
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(A) the person is pursuing a course of study to |
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prepare for the profession of psychology under qualified |
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supervision in a recognized training institution or facility; |
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(B) the activity or service is part of the |
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person's supervised course of study; and |
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(C) the person is designated as a "psychological |
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intern," as a "psychological trainee," or by another title that |
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clearly indicates the person's training status; |
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(3) the activity or service of a licensed |
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professional, other than a person licensed under this chapter, if: |
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(A) the activity or service is permitted under |
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the person's license; and |
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(B) the person does not represent that the person |
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is a psychologist or describe the service provided by using the term |
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"psychological"; |
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(4) the activity or service of a recognized member of |
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the clergy who is acting within the person's ministerial |
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capabilities if the person does not: |
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(A) represent that the person is a psychologist; |
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or |
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(B) describe the service provided by using the |
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term "psychological"; or |
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(5) the voluntary activity or service of a person |
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employed by or working on behalf of a charitable nonprofit |
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organization if the person does not: |
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(A) represent that the person is a psychologist; |
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or |
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(B) describe the service provided by using the |
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term "psychological." |
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(a-1) This chapter applies to a person who is employed as a |
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psychologist or psychological associate by a governmental agency if |
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the person serves one or more persons in the criminal or juvenile |
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justice system. |
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SECTION 2. Section 503.051, Occupations Code, is amended to |
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read as follows: |
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Sec. 503.051. COUNSELING FOR GOVERNMENT OR EDUCATIONAL |
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INSTITUTION. (a) Except as provided by Subsection (b), this |
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[This] chapter does not apply to an activity, service, or use of an |
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official title by a person employed as a counselor by a federal, |
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state, county, or municipal agency or public or private educational |
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institution if the person is performing counseling or |
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counseling-related activities within the scope of the person's |
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employment. |
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(b) This chapter applies to a person who is employed as a |
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counselor by a governmental agency if the counseling-related |
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activities within the scope of the person's employment include |
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providing services to one or more persons in the criminal or |
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juvenile justice system. |
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SECTION 3. Section 505.003, Occupations Code, is amended to |
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read as follows: |
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Sec. 505.003. APPLICATIONS AND EXEMPTIONS. (a) Except as |
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provided by Subsection (c), this [This] chapter does not apply to: |
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(1) an activity conducted or a service performed by a |
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person who is licensed, certified, or registered in a profession |
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other than social work, including a physician, attorney, registered |
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nurse, licensed vocational nurse, psychologist, occupational |
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therapist, licensed marriage and family therapist, licensed |
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chemical dependency counselor, or licensed professional counselor, |
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if: |
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(A) the activity or service is conducted or |
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performed within the scope of the person's license, certificate, or |
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registration; |
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(B) the person does not use a title listed in |
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Section 505.351; and |
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(C) the person does not: |
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(i) represent the service as social work; |
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(ii) represent that the person is a social |
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worker; or |
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(iii) use a title that implies that the |
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person is licensed in social work; |
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(2) a service performed by a person as a volunteer or |
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staff member if the person does not: |
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(A) represent the service as social work; |
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(B) represent the person as a social worker; or |
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(C) use a title that implies that the person is |
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licensed in social work; |
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(3) an activity conducted by a social work student, |
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intern, or trainee in connection with an institution of higher |
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education accredited by the Council on Social Work Education; or |
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(4) an activity conducted or a service performed by a |
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pastoral care counselor who is acting within the person's |
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ministerial capabilities and who does not use a title that implies |
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that the counselor is licensed in social work, including: |
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(A) a Christian Science practitioner who is |
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recognized by the Church of Christ Scientist as registered and |
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published in the Christian Science Journal; and |
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(B) any other recognized religious practitioner. |
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(b) Except as provided by Subsection (c), this [This] |
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chapter does not require a public agency or private employer, |
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including a nonprofit corporation, to employ a person licensed |
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under this chapter. |
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(c) This chapter: |
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(1) applies to a service performed by a person as a |
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volunteer or staff member if the person performs the service for one |
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or more persons in the criminal or juvenile justice system; and |
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(2) requires a public agency to employ a person |
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licensed under this chapter if the agency provides services for |
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which a license is required under this section to one or more |
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persons in the criminal or juvenile justice system. |
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SECTION 4. This Act takes effect September 1, 2009. |