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A BILL TO BE ENTITLED
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AN ACT
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relating to the exemption of certain persons from licensure as a |
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professional counselor or social worker. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 503.056, Occupations Code, is amended to |
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read as follows: |
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Sec. 503.056. COUNSELING FOR NONPROFIT ORGANIZATION OR |
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CHARITY. This chapter does not apply to an activity, service, |
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title, or description of a person who [is employed as a professional
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by or who] volunteers [in the practice of counseling] for a public |
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or private nonprofit organization or charity that provides |
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counseling services if the person: |
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(1) is accountable to a licensed mental health |
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professional employed by the [person's sponsoring] organization or |
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charity; and |
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(2) does not use the title or hold the person out to be |
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a licensed counselor. |
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SECTION 2. Section 505.003(a), Occupations Code, is amended |
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to read as follows: |
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(a) This chapter does not apply to: |
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(1) an activity conducted or a service performed by a |
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person who is licensed, certified, or registered in a profession |
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other than social work, including a physician, attorney, registered |
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nurse, licensed vocational nurse, psychologist, occupational |
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therapist, licensed marriage and family therapist, licensed |
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chemical dependency counselor, or licensed professional counselor, |
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if: |
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(A) the activity or service is conducted or |
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performed within the scope of the person's license, certificate, or |
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registration; |
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(B) the person does not use a title listed in |
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Section 505.351; and |
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(C) the person does not: |
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(i) represent the service as social work; |
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(ii) represent that the person is a social |
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worker; or |
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(iii) use a title that implies that the |
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person is licensed in social work; |
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(2) [a service performed by a person as a volunteer or
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staff member if the person does not:
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[(A) represent the service as social work;
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[(B) represent the person as a social worker; or
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[(C)
use a title that implies that the person is
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licensed in social work;
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[(3)] an activity conducted by a social work student, |
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intern, or trainee in connection with an institution of higher |
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education accredited by the Council on Social Work Education; or |
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(3) [(4)] an activity conducted or a service performed |
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by a pastoral care counselor who is acting within the person's |
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ministerial capabilities and who does not use a title that implies |
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that the counselor is licensed in social work, including: |
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(A) a Christian Science practitioner who is |
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recognized by the Church of Christ Scientist as registered and |
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published in the Christian Science Journal; and |
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(B) any other recognized religious practitioner. |
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SECTION 3. Sections 503.051 and 505.003(b), Occupations |
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Code, are repealed. |
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SECTION 4. This Act takes effect September 1, 2015. |