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A BILL TO BE ENTITLED
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AN ACT
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relating to a requirement that a person hold a license issued by the |
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appropriate state agency to be employed as a marriage and family |
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therapist by a school district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 21.003, Education Code, |
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is amended to read as follows: |
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(b) Except as otherwise provided by this subsection, a [A] |
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person may not be employed by a school district as an audiologist, |
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occupational therapist, physical therapist, physician, nurse, |
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school psychologist, associate school psychologist, marriage and |
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family therapist, social worker, or speech language pathologist |
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unless the person is licensed by the state agency that licenses that |
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profession and[. A person] may perform specific services within |
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those professions for a school district only if the person holds the |
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appropriate credential from the appropriate state agency. As long |
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as a person employed by a district before September 1, 2011, to |
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perform marriage and family therapy, as defined by Section 502.002, |
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Occupations Code, is employed by the same district, the person is |
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not required to hold a license as a marriage and family therapist to |
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perform marriage and family therapy with that district. |
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SECTION 2. Section 502.004, Occupations Code, is amended to |
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read as follows: |
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Sec. 502.004. APPLICATION OF CHAPTER. This chapter does |
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not apply to: |
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(1) the activities, within the scope of a person's |
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employment, of a person employed to perform marriage and family |
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therapy by a federal, state, county, or municipal agency or, except |
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as provided by Section 21.003(b), Education Code, by a public or |
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private educational institution[, if the activities are within the
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scope of the person's employment]; |
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(2) the activities of a student, intern, or trainee in |
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marriage and family therapy in a recognized course of study in |
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marriage and family therapy at an accredited institution of higher |
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education or other training institution, if: |
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(A) the activities constitute a part of the |
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course of study; and |
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(B) the person is called a "marriage and family |
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therapist intern" or similar title; |
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(3) the activities and services of a person licensed |
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to practice another profession, including a physician, attorney, |
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registered nurse, occupational therapist, psychologist, social |
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worker, or licensed professional counselor; or |
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(4) the activities and services of a recognized |
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religious practitioner, including a pastoral counselor or |
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Christian Science practitioner recognized by the Church of Christ |
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Scientist as registered and published in the Christian Science |
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Journal, if the practitioner practices marriage and family therapy |
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in a manner consistent with the laws of this state. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the State Board for Educator Certification shall |
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propose rules for the administration of Subsection (b), Section |
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21.003, Education Code, as amended by this Act. |
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SECTION 4. 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. |