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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of certain professions, |
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including the online publication of home addresses of certain |
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occupational license holders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 403, Occupations Code, is |
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amended by adding Section 403.053 to read as follows: |
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Sec. 403.053. PUBLISHING LICENSE HOLDER HOME ADDRESS |
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PROHIBITED. (a) The department may not include the home address of |
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a person licensed under this chapter in a roster, registry, or other |
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database the department publishes on the department's Internet |
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website unless the person requests that the person's home address |
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appear in the roster, registry, or other database on the website. A |
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request under this subsection must be made in the manner prescribed |
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by the department. |
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(b) The home address of a person licensed under this chapter |
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that is included in a roster, registry, or other database the |
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department maintains is public information and is not excepted from |
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required disclosure under Chapter 552, Government Code. |
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SECTION 2. Section 501.059, Occupations Code, is amended by |
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amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the law governing board operations; |
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(2) [this chapter and] the programs, functions, rules, |
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and budget of the board; |
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(3) the scope of and limitations on the rulemaking |
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authority of the board; |
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(4) the types of board rules, interpretations, and |
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enforcement actions that may implicate federal antitrust law by |
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limiting competition or impacting prices charged by persons engaged |
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in a profession or business the board regulates, including rules, |
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interpretations, and enforcement actions that: |
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(A) regulate the scope of practice of persons in |
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a profession or business the board regulates; |
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(B) restrict advertising by persons in a |
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profession or business the board regulates; |
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(C) affect the price of goods or services |
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provided by persons in a profession or business the board |
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regulates; and |
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(D) restrict participation in a profession or |
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business the board regulates; |
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(5) [(2)] the results of the most recent formal audit |
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of the board; |
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(6) [(3)] the requirements of: |
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(A) laws relating to open meetings, public |
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information, administrative procedure, and disclosing conflicts of |
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interest; and |
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(B) other laws applicable to members of the board |
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in performing their duties; and |
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(7) [(4)] any applicable ethics policies adopted by |
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the board or the Texas Ethics Commission. |
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(d) The executive director shall create a training manual |
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that includes the information required by Subsection (b). The |
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executive director shall distribute a copy of the training manual |
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annually to each board member. On receipt of the training manual, |
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each board member shall sign and submit to the executive director a |
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statement acknowledging receipt of the training manual. |
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SECTION 3. Sections 501.158(c) and (e), Occupations Code, |
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are amended to read as follows: |
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(c) The board shall issue an order requiring a [an applicant
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or] person [seeking renewal of a provisional license] who refuses |
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to submit to an examination under this section to show cause for the |
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person's refusal at a hearing on the order scheduled for not later |
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than the 30th day after the date notice is served on the person. The |
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board shall provide notice under this section by personal service |
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or by registered mail, return receipt requested. |
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(e) Unless the request is withdrawn, the board may take |
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disciplinary action against a person who refuses to submit to the |
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physical or mental examination [may not take the provisional
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license examination or renew the person's license, as appropriate]. |
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SECTION 4. Sections 501.205(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), a complaint and |
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investigation [concerning a license holder] and all information and |
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materials compiled by the board in connection with the complaint |
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and investigation are not subject to: |
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(1) disclosure under Chapter 552, Government Code; or |
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(2) disclosure, discovery, subpoena, or other means of |
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legal compulsion for release of information to any person. |
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(b) A complaint or investigation [subject to Subsection
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(a)] and all information and materials compiled by the board in |
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connection with the complaint may be disclosed to: |
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(1) the board and board employees or agents involved |
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in license holder discipline; |
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(2) a party to a disciplinary action against the |
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license holder or that party's designated representative; |
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(3) a law enforcement agency if required by law; |
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(4) a governmental agency, if: |
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(A) the disclosure is required or permitted by |
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law; and |
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(B) the agency obtaining the disclosure protects |
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the identity of any patient whose records are examined; or |
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(5) a legislative committee or committee staff |
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directed to make an inquiry regarding state hospitals or schools, |
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by either house of the legislature, the presiding officer of either |
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house of the legislature, or the chairman of the legislative |
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committee if the information or records that identify a patient or |
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client are not released for any purpose unless the patient consents |
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and the records are created by the state hospital or school or its |
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employees. |
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SECTION 5. The heading to Section 501.301, Occupations |
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Code, is amended to read as follows: |
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Sec. 501.301. LICENSE EXPIRATION AND RENEWAL. |
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SECTION 6. Section 501.301(a), Occupations Code, is amended |
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to read as follows: |
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(a) The board shall adopt rules providing for the expiration |
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and renewal of a [A] license issued under this chapter. The rules |
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must require a license be renewed annually or biennially [expires
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on December 31 of the year following the date the license is issued
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or renewed. A license of a psychological associate expires on May
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31 of the year following the date the license is issued or renewed]. |
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SECTION 7. Subchapter I, Chapter 501, Occupations Code, is |
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amended by adding Section 501.411 to read as follows: |
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Sec. 501.411. REMEDIAL PLAN. (a) The board may issue and |
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establish the terms of a remedial plan to resolve the investigation |
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of a complaint filed under this chapter. |
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(b) The board by rule shall establish the types of |
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complaints or violations that may be resolved with a remedial plan. |
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The rules must provide that a remedial plan may not be imposed to |
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resolve a complaint: |
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(1) involving conduct that poses a significant risk of |
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harm to a patient; or |
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(2) in which the appropriate resolution may involve |
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revoking, suspending, limiting, or restricting a person's license. |
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(c) A remedial plan may not contain a provision that: |
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(1) revokes, suspends, limits, or restricts a person's |
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license; or |
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(2) assesses an administrative penalty against a |
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person. |
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(d) The board may not issue a remedial plan to resolve a |
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complaint against a license holder if the license holder has |
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previously entered into a remedial plan with the board for the |
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resolution of a different complaint filed under this chapter. |
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(e) The board may assess a fee against a license holder |
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participating in a remedial plan in an amount necessary to recover |
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the costs of administering the plan. |
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SECTION 8. Section 502.059, Occupations Code, is amended by |
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amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the law governing board operations [this chapter]; |
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(2) the programs, [operated by the board;
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[(3) the role and] functions, [of the board;
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[(4) the] rules, and [of the board, with an emphasis on
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the rules that relate to disciplinary and investigatory authority;
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[(5) the current] budget of [for] the board; |
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(3) the scope of and limitations on the rulemaking |
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authority of the board; |
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(4) the types of board rules, interpretations, and |
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enforcement actions that may implicate federal antitrust law by |
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limiting competition or impacting prices charged by persons engaged |
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in a profession or business the board regulates, including rules, |
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interpretations, and enforcement actions that: |
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(A) regulate the scope of practice of persons in |
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a profession or business the board regulates; |
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(B) restrict advertising by persons in a |
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profession or business the board regulates; |
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(C) affect the price of goods or services |
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provided by persons in a profession or business the board |
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regulates; and |
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(D) restrict participation in a profession or |
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business the board regulates; |
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(5) [(6)] the results of the most recent formal audit |
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of the board; |
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(6) [(7)] the requirements of: |
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(A) laws relating to open meetings, public |
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information, administrative procedure, and disclosing conflicts |
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[conflict] of interest; and |
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(B) other laws applicable to members of the board |
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in performing their duties; and |
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(7) [(8)] any applicable ethics policies adopted by |
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the board or the Texas Ethics Commission. |
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(d) The executive director shall create a training manual |
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that includes the information required by Subsection (b). The |
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executive director shall distribute a copy of the training manual |
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annually to each board member. On receipt of the training manual, |
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each board member shall sign and submit to the executive director a |
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statement acknowledging receipt of the training manual. |
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SECTION 9. Section 502.252(c), Occupations Code, is amended |
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to read as follows: |
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(c) An applicant is eligible to apply for a license as a |
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licensed marriage and family therapist if the person: |
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(1) meets the requirements of Subsection (b); |
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(2) after receipt of a degree described by Subsection |
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(b)(4), has completed two years of work experience in marriage and |
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family therapist services that includes at least 3,000 hours of |
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clinical practice consisting of [which:
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[(A)] at least 1,500 hours [consist] of direct |
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clinical services, including a minimum number of [; and (B)
at
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least 750] hours providing [consist of] direct clinical services to |
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couples or families as required by board rule; and |
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(3) has completed, in a manner acceptable to the |
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board, at least 200 hours of supervised provision of direct |
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clinical services by the applicant, 100 hours of which must be |
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supervised on an individual basis. |
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SECTION 10. Section 503.110, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the law governing board operations; |
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(2) [this chapter and] the [board's] programs, |
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functions, rules, and budget of the board; |
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(3) the scope of and limitations on the rulemaking |
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authority of the board; |
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(4) the types of board rules, interpretations, and |
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enforcement actions that may implicate federal antitrust law by |
|
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limiting competition or impacting prices charged by persons engaged |
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in a profession or business the board regulates, including rules, |
|
|
interpretations, and enforcement actions that: |
|
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(A) regulate the scope of practice of persons in |
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a profession or business the board regulates; |
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(B) restrict advertising by persons in a |
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profession or business the board regulates; |
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(C) affect the price of goods or services |
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provided by persons in a profession or business the board |
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regulates; and |
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(D) restrict participation in a profession or |
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business the board regulates; |
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(5) [(2)] the results of the most recent formal audit |
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of the board; |
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(6) [(3)] the requirements of: |
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(A) laws relating to open meetings, public |
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information, administrative procedure, and disclosing |
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conflicts-of-interest; and |
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(B) other laws applicable to members of the board |
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in performing their duties; and |
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(7) [(4)] any applicable ethics policies adopted by |
|
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the board or the Texas Ethics Commission. |
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(d) The executive director shall create a training manual |
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that includes the information required by Subsection (b). The |
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executive director shall distribute a copy of the training manual |
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annually to each board member. On receipt of the training manual, |
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each board member shall sign and submit to the executive director a |
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statement acknowledging receipt of the training manual. |
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SECTION 11. Section 503.207, Occupations Code, is amended |
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by adding Subsections (c) and (d) to read as follows: |
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(c) The board may not include the home address of a person |
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licensed under this chapter in a registry the board publishes on the |
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board's Internet website unless the person requests that the |
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person's home address appear in the registry on the website. A |
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request under this subsection must be made in the manner prescribed |
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by the board. |
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(d) The home address of a person licensed under this chapter |
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that is included in the registry the board prepares under this |
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section is public information and is not excepted from required |
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disclosure under Chapter 552, Government Code. |
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SECTION 12. Section 504.055, Occupations Code, is amended |
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by adding Subsections (e) and (f) to read as follows: |
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(e) The department may not include the home address of a |
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person licensed by the department in a roster the department |
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publishes on the department's Internet website unless the person |
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requests that the person's home address appear in the roster on the |
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website. A request under this subsection must be made in the manner |
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prescribed by the department. |
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(f) The home address of a person licensed under this chapter |
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that is included in a roster the department prepares under this |
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section is public information and is not excepted from required |
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disclosure under Chapter 552, Government Code. |
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SECTION 13. Section 505.109, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the law governing [legislation that created the] |
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board operations; |
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(2) [and] the [board's] programs, functions, rules, |
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and budget of the board; |
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(3) the scope of and limitations on the rulemaking |
|
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authority of the board; |
|
|
(4) the types of board rules, interpretations, and |
|
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enforcement actions that may implicate federal antitrust law by |
|
|
limiting competition or impacting prices charged by persons engaged |
|
|
in a profession or business the board regulates, including rules, |
|
|
interpretations, and enforcement actions that: |
|
|
(A) regulate the scope of practice of persons in |
|
|
a profession or business the board regulates; |
|
|
(B) restrict advertising by persons in a |
|
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profession or business the board regulates; |
|
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(C) affect the price of goods or services |
|
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provided by persons in a profession or business the board |
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regulates; and |
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(D) restrict participation in a profession or |
|
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business the board regulates; |
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(5) [(2)] the results of the most recent formal audit |
|
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of the board; |
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(6) [(3)] the requirements of: |
|
|
(A) laws relating to open meetings, public |
|
|
information, administrative procedure, and disclosing conflicts of |
|
|
interest; and |
|
|
(B) other laws applicable to members of the board |
|
|
in performing their duties; and |
|
|
(7) [(4)] any applicable ethics policies adopted by |
|
|
the board or the Texas Ethics Commission. |
|
|
(d) The executive director shall create a training manual |
|
|
that includes the information required by Subsection (b). The |
|
|
executive director shall distribute a copy of the training manual |
|
|
annually to each board member. On receipt of the training manual, |
|
|
each board member shall sign and submit to the executive director a |
|
|
statement acknowledging receipt of the training manual. |
|
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SECTION 14. Section 505.205, Occupations Code, is amended |
|
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by adding Subsections (d) and (e) to read as follows: |
|
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(d) The board may not include the home address of a person |
|
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licensed under this chapter in a roster the board publishes on the |
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board's Internet website unless the person requests that the |
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person's home address appear in the roster on the website. A |
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request under this subsection must be made in the manner prescribed |
|
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by the board. |
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(e) The home address of a person licensed under this chapter |
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that is included in the roster the board prepares under this section |
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is public information and is not excepted from required disclosure |
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under Chapter 552, Government Code. |
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SECTION 15. The following provisions of the Occupations |
|
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Code are repealed: |
|
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(1) Section 501.152(b); |
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(2) Section 502.153(b); |
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(3) Section 503.202(b); and |
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(4) Section 505.203(b). |
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SECTION 16. (a) Except as provided by Subsection (b) of |
|
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this section, Sections 501.059, 502.059, 503.110, and 505.109, |
|
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Occupations Code, as amended by this Act, apply to a member of the |
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applicable board appointed before, on, or after the effective date |
|
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of this Act. |
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(b) A member of a board who, before the effective date of |
|
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this Act, completed the training program required by Section |
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501.059, 502.059, 503.110, or 505.109, Occupations Code, as the |
|
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applicable law existed before the effective date of this Act, is |
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required to complete additional training only on the subjects added |
|
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by this Act to the training program required by Section 501.059, |
|
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502.059, 503.110, or 505.109, Occupations Code, as applicable. A |
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board member described by this subsection may not vote, deliberate, |
|
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or be counted as a member in attendance at a meeting of the board |
|
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held on or after December 1, 2017, until the member completes the |
|
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additional training. |
|
|
SECTION 17. Section 502.252, Occupations Code, as amended |
|
|
by this Act, applies only to an application for a license submitted |
|
|
on or after the date on which rules adopted by the Texas State Board |
|
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of Examiners of Marriage and Family Therapists under that section |
|
|
take effect. An application submitted before that date is governed |
|
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by the law in effect immediately before the effective date of this |
|
|
Act, and the former law is continued in effect for that purpose. |
|
|
SECTION 18. This Act takes effect September 1, 2017. |
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* * * * * |