81R16052 JAM-D

By: Madden H.B. No. 3225

Substitute the following for H.B. No. 3225:

By: Rose C.S.H.B. No. 3225

A BILL TO BE ENTITLED

AN ACT

relating to the license requirements for a chemical dependency counselor.

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

SECTION 1. Section 504.152, Occupations Code, is amended to read as follows:

Sec. 504.152. ELIGIBILITY REQUIREMENTS. (a) 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;

(6) submit a case presentation to the test administrator;

(7) [pass an oral examination approved by the department;

[(8)] be determined by the department to be worthy of the public trust and confidence;

(8) [(9)] successfully complete the chemical dependency counselor examination under Section 504.156;

(9) [(10)] sign a written agreement to comply with the standards of ethics approved by the department; and

(10) [(11)] provide to the department a certificate verifying [written assurance] that the applicant is enrolled in or a member of [has access to] a peer assistance program.

(b) The department may waive the requirement under Subsection (a)(10) [(a)(11)] if the department determines that a peer assistance program is not reasonably available to the license holder.

(c) The department shall waive the requirement under Subsection (a)(10) if the license holder is not actively engaged in the practice of chemical dependency counseling.

SECTION 2. Sections 504.1525(a) and (b), Occupations Code, are amended to read as follows:

(a) Except as provided by Subsection (b), the department 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 three [five] years preceding the date of application in any jurisdiction for an offense equal to a Class B misdemeanor specified by executive commissioner 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 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, registration, or certification under this chapter 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.

SECTION 3. Except as provided by Section 4 of this Act, the changes in law made by this Act to Sections 504.152 and 504.1525, Occupations Code, apply only to an application for a license, registration, or certification filed on or after the effective date of this Act. An application for a license, registration, or certification filed before the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 4. An applicant for a license under Chapter 504, Occupations Code, who, on or after June 1, 2008, passes a written examination approved by the Department of State Health Services is not required to pass the oral examination formerly required by Section 504.152(a)(7), Occupations Code, before the amendment of that provision by this Act, to be eligible for the license.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.