83R1338 EES-F
 
  By: Deuell S.B. No. 258
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a psychologist to delegate the
  provision of certain care to a person under the psychologist's
  supervision, including a person training to become a psychologist.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 501, Occupations Code, is amended by
  adding Subchapter H to read as follows:
  SUBCHAPTER H. PRACTICE BY PSYCHOLOGIST
         Sec. 501.351.  GENERAL AUTHORITY TO DELEGATE. (a)  A
  psychologist licensed under this chapter may delegate to a
  provisionally licensed psychologist, a newly licensed psychologist
  who is not eligible for managed care panels, a person who holds a
  temporary license issued under Section 501.263, and a person who
  satisfies Section 501.255(a) and is in the process of acquiring the
  supervised experience required by Section 501.252(b)(2) any
  psychological test or service that a reasonable and prudent
  psychologist could delegate within the scope of sound psychological
  judgment if the psychologist determines that:
               (1)  the test or service can be properly and safely
  performed by the person;
               (2)  the person does not represent to the public that
  the person is authorized to practice psychology; and
               (3)  the test or service will be performed in the
  customary manner and in compliance with any other law.
         (b)  The delegating psychologist remains responsible for the
  psychological test or service performed by the person to whom the
  test or service is delegated, and the test or service is considered
  to be delivered by the delegating psychologist for billing
  purposes, including bills submitted to third-party payors. The
  person must inform each patient on whom the test or service is
  performed that the person is being supervised by a licensed
  psychologist.
         (c)  The board may determine whether:
               (1)  a psychological test or service may be properly
  and safely delegated under this section; and
               (2)  a delegated act constitutes the practice of
  psychology under this chapter.
         (d)  A person who is a licensed psychologist and to whom
  another psychologist delegates a psychological test or service
  under this section may represent that the person is engaged in the
  practice of psychology.
         Sec. 501.352.  PERFORMANCE OF DELEGATED ACT DOES NOT
  CONSTITUTE PRACTICE OF PSYCHOLOGY. A person to whom a psychologist
  delegates a psychological test or service under Section 501.351(a)
  is not considered to be engaged in the independent practice of
  psychology without a license issued under this chapter unless the
  person acts with the knowledge that the delegation and the action
  taken under the delegation violate this subtitle.
         SECTION 2.  This Act takes effect September 1, 2013.