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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of chemical dependency counselors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 467.004(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Except as provided by Section 467.0041(b) of this code |
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and Section 504.058, Occupations Code, a licensing or disciplinary |
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authority may add a surcharge of not more than $10 to its license or |
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license renewal fee to fund an approved peer assistance program. |
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The authority must adopt the surcharge in accordance with the |
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procedure that the authority uses to initiate and adopt an increase |
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in its license or license renewal fee. |
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SECTION 2. Section 504.002(b), Occupations Code, is amended |
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to read as follows: |
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(b) This chapter does not apply to an activity or service of |
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a person who: |
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(1) is employed as a counselor by a federal |
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institution and is providing chemical dependency counseling within |
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the scope of the person's employment; |
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(2) except as provided by Section 504.1515, is a |
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student, intern, or trainee pursuing a supervised course of study |
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in counseling at a regionally accredited institution of higher |
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education or training institution, if the person: |
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(A) is designated as a "counselor intern"; and |
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(B) is engaging in the activity or providing the |
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service as part of the course of study; |
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(3) is not a resident of this state, if the person: |
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(A) engages in the activity or provides the |
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service in this state for not more than 30 days during any year; and |
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(B) is authorized to engage in the activity or |
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provide the service under the law of the state of the person's |
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residence; |
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(4) is a licensed physician, psychologist, |
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professional counselor, or social worker; |
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(5) is a religious leader of a congregation providing |
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pastoral chemical dependency counseling within the scope of the |
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person's duties; |
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(6) is working for or providing counseling with a |
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program exempt under Subchapter C, Chapter 464, Health and Safety |
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Code; [or] |
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(7) is a school counselor certified by the State Board |
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for Educator Certification; or |
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(8) provides chemical dependency counseling through a |
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program or in a facility that receives funding from the Texas |
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Department of Criminal Justice and who is credentialed as: |
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(A) a certified criminal justice addictions |
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professional by the International Certification and Reciprocity |
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Consortium; or |
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(B) having certified criminal justice |
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professional applicant status issued by the Texas Certification |
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Board of Addiction Professionals. |
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SECTION 3. Subchapter B, Chapter 504, Occupations Code, is |
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amended by adding Section 504.058 to read as follows: |
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Sec. 504.058. FUNDING FOR CHEMICAL DEPENDENCY COUNSELOR |
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PROGRAMS. (a) The executive commissioner shall add a surcharge of |
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not more than $10 to the license or license renewal fee for a |
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license under this chapter to fund approved peer assistance |
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programs for chemical dependency counselors. Money collected from |
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the surcharge shall be remitted to the comptroller for deposit to |
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the credit of the chemical dependency counselor account. The |
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chemical dependency counselor account is an account in the general |
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revenue fund. |
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(b) Subject to the General Appropriations Act, the |
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department may use the money from the surcharge collected under |
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this section and deposited in the chemical dependency counselor |
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account only to fund approved peer assistance programs and to pay |
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the administrative costs incurred by the department that are |
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related to the programs. |
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SECTION 4. 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 written |
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assurance that the applicant has access to a peer assistance |
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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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SECTION 5. 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 to a person convicted or placed on community |
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supervision in any jurisdiction for a drug or alcohol offense |
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described by Subsection (a)(1) or (2) if the department determines |
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that the applicant has successfully completed participation in an |
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approved peer assistance program. |
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SECTION 6. (a) The executive commissioner of the Health and |
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Human Services Commission shall adopt rules to implement the |
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changes in law made by this Act not later than December 1, 2011. |
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(b) Section 504.058, Occupations Code, as added by this Act, |
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and Sections 504.152 and 504.1525, Occupations Code, as amended by |
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this Act, apply only to an application for an original or renewal |
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license, registration, or certification submitted to the |
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Department of State Health Services on or after December 1, 2011. An |
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application submitted before December 1, 2011, is governed by the |
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law in effect on the date the application was submitted, and the |
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former law is continued in effect for that purpose. |
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SECTION 7. 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, 2011. |
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* * * * * |