Amend HB 3808 (senate committee printing) by adding the following appropriately numbered SECTION:
SECTION ____. Section 501.003, Occupations Code, is amended to read as follows:
Sec. 501.003. DEFINITION: PRACTICE OF PSYCHOLOGY. (a) In this chapter:
(1) "Practice of psychology" means:
(A) the observation, description, diagnosis, evaluation, assessment, interpretation, or treatment of and intervention in human behavior by applying education, training, methods, and procedures for the purpose of:
(i) preventing, predicting, treating, remediating, or eliminating:
(a) symptomatic, maladaptive, or undesired behavior;
(b) emotional, interpersonal, learning, substance use, neuropsychological, cognitive, or behavioral disorders or disabilities, including those that accompany medical problems; or
(c) mental illness;
(ii) evaluating, assessing, or facilitating, by a license holder or a person who represents the person to the public by a title or description of services that includes the word "psychological," "psychologist," or "psychology," the enhancement of individual, group, or organizational effectiveness, including evaluating, assessing, or facilitating:
(a) personal effectiveness;
(b) adaptive behavior;
(c) interpersonal relationships;
(d) academic, vocational, and life adjustment;
(e) health; or
(f) individual, group, or organizational performance;
(iii) providing psychological, neuropsychological, and psychoeducational evaluation, therapy, and remediation as well as counseling, psychoanalysis, psychotherapy, hypnosis, and biofeedback; or
(iv) consulting with others, including other mental health professionals, physicians, school personnel, or organizations within the scope of the provider's competency and training with respect to services provided for a specific individual; or
(B) the supervision of an activity or service described by Paragraph (A).
(2) "Psychological [section, "psychological] services" means acts or behaviors that are included within the purview of the practice of psychology.
(b) A person is engaged in the practice of psychology [within the meaning of this chapter] if the person:
(1) when providing or offering to provide psychological services to another in a professional relationship, represents the person to the public by a title or description of services that includes the word "psychological," "psychologist," or "psychology";
(2) provides or offers to provide psychological services to individuals, groups, organizations, or the public in a professional relationship;
(3) is a psychologist or psychological associate employed as described by Section 501.004(a)(1) who offers or provides psychological services, other than lecture services, to the public for consideration separate from the salary that person receives for performing the person's regular duties; or
(4) is employed as a psychologist or psychological associate by an organization that sells psychological services, other than lecture services, to the public for consideration.
(c) A person is not engaged in the [The] practice of psychology based solely on the person offering, regardless of whether the person is solicited, advice, counsel, or guidance addressing or affecting the mental, emotional, or behavioral health of another, if the person does not represent that the person is licensed under this chapter or engaged in the delivery of psychological services and does not represent that the advice, counsel, or guidance is psychological in nature, and:
(1) the advice, counsel, or guidance is not offered in the context of a professional relationship;
(2) if the person is offering the advice, counsel, or guidance in connection with the person's occupation, the primary focus of the occupation is not the delivery of mental, emotional, or behavioral health care services; or
(3) the advice, counsel, or guidance is offered through an organized or structured program or peer support service that is designed to support or assist a person with a self-identified goal of changing or improving certain aspects of the person's mental, emotional, or behavioral health [includes providing or offering to provide services to an individual or group, including providing computerized procedures, that include the application of established principles, methods, and procedures of describing, explaining, and ameliorating behavior;
[(2)
addresses normal behavior and involves evaluating, preventing, and remediating psychological, emotional, mental, interpersonal, learning, and behavioral disorders of individuals or groups, as well as the psychological disorders that accompany medical problems, organizational structures, stress, and health;
[(3)
includes:
[(A)
using projective techniques, neuropsychological testing, counseling, career counseling, psychotherapy, hypnosis for health care purposes, hypnotherapy, and biofeedback; and
[(B)
evaluating and treating mental or emotional disorders and disabilities by psychological techniques and procedures; and
[(4)
is based on:
[(A)
a systematic body of knowledge and principles acquired in an organized program of graduate study; and
[(B)
the standards of ethics established by the profession].
SECTION 2. This Act takes effect September 1, 2017.