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A BILL TO BE ENTITLED
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AN ACT
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relating to the license requirements for a chemical dependency |
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counselor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 504.152, Occupations Code, is amended to |
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read as follows: |
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Sec. 504.152. ELIGIBILITY REQUIREMENTS. (a) To be |
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eligible for a license under this chapter, a person must: |
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(1) be at least 18 years of age; |
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(2) hold an associate degree or a more advanced |
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degree; |
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(3) have completed: |
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(A) 135 hours, or nine semester hours, specific |
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to substance abuse disorders and treatment and an additional 135 |
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hours, or nine semester hours, specific or related to chemical |
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dependency counseling; |
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(B) 4,000 hours of approved supervised |
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experience working with chemically dependent persons; and |
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(C) 300 hours of approved supervised field work |
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practicum; |
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(4) provide two letters of reference from chemical |
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dependency counselors; |
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(5) pass a written examination approved by the |
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department; |
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(6) submit a case presentation to the test |
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administrator; |
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(7) [pass an oral examination approved by the
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department;
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[(8)] be determined by the department to be worthy of |
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the public trust and confidence; |
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(8) [(9)] successfully complete the chemical |
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dependency counselor examination under Section 504.156; |
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(9) [(10)] sign a written agreement to comply with the |
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standards of ethics approved by the department; and |
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(10) [(11)] provide to the department a certificate |
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verifying [written assurance] that the applicant is enrolled in or |
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a member of [has access to] a peer assistance program. |
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(b) The department may waive the requirement under |
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Subsection (a)(10) [(a)(11)] if the department determines that a |
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peer assistance program is not reasonably available to the license |
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holder. |
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(c) The department shall waive the requirement under |
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Subsection (a)(10) if the license holder is not actively engaged in |
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the practice of chemical dependency counseling. |
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SECTION 2. Sections 504.1525(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) Except as provided by Subsection (b), the department may |
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not issue a license, registration, or certification under this |
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chapter to an applicant who has been: |
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(1) convicted or placed on community supervision |
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during the three [five] years preceding the date of application in |
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any jurisdiction for an offense equal to a Class B misdemeanor |
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specified by executive commissioner rule; |
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(2) convicted or placed on community supervision in |
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any jurisdiction for an offense equal to or greater than a Class A |
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misdemeanor specified by executive commissioner rule; or |
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(3) found to be incapacitated by a court on the basis |
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of a mental defect or disease. |
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(b) The department may issue a license, registration, or |
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certification under this chapter to a person convicted or placed on |
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community supervision in any jurisdiction for a drug or alcohol |
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offense described by Subsection (a)(1) or (2) if the department |
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determines that the applicant has successfully completed |
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participation in an approved peer assistance program. |
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SECTION 3. Except as provided by Section 4 of this Act, the |
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changes in law made by this Act to Sections 504.152 and 504.1525, |
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Occupations Code, apply only to an application for a license, |
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registration, or certification filed on or after the effective date |
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of this Act. An application for a license, registration, or |
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certification filed before the effective date of this Act is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 4. An applicant for a license under Chapter 504, |
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Occupations Code, who, on or after June 1, 2008, passes a written |
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examination approved by the Department of State Health Services is |
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not required to pass the oral examination formerly required by |
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Section 504.152(a)(7), Occupations Code, before the amendment of |
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that provision by this Act, to be eligible for the license. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |