85R7494 EES-F
 
  By: Coleman H.B. No. 3268
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the licensing and practice of psychological associates.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 501.259, Occupations Code, is amended to
  read as follows:
         Sec. 501.259.  LICENSING OF AND PRACTICE BY PSYCHOLOGICAL
  ASSOCIATE. (a) A person may not be licensed as a psychological
  associate unless the person:
               (1)  holds at least a master's degree or its equivalent
  in psychology from a regionally accredited institution of higher
  education;
               (2)  completes at least 60 hours of graduate course
  work at a regionally accredited institution of higher education in
  the professionally accepted foundation areas of psychology,
  including scientific and professional ethics and the laws governing
  the practice of psychology;
               (3)  completes at least 6 but not more than 12 semester
  hours of practicum, internship, or structured experience as part of
  the 60 hours required in Subdivision (2); and
               (4)  passes:
                     (A)  a nationally recognized qualifying
  examination determined to be appropriate by the board; and
                     (B)  a jurisprudence examination administered by
  the board [The board shall set standards for the issuance of
  licenses to psychological personnel who hold a master's degree from
  an accredited university or college in a program that is primarily
  psychological in nature].
         (b)  Notwithstanding Subsection (a)(2), a person who begins
  graduate course work required under that subdivision at a
  regionally accredited institution of higher education before
  August 1, 2019, must complete 48 hours of the graduate course work
  described by that subdivision to satisfy the requirements of that
  subdivision. This subsection expires August 1, 2029.
         (c)  The board shall designate a person who holds a license
  authorized by this section by the [a] title "psychological
  associate [that includes the adjective "psychological" followed by
  a noun such as "associate," "assistant," "examiner," or
  "technician]."
         (d)  A psychological associate who completes at least 3,000
  hours of supervised experience after the date the psychological
  associate is licensed to engage in the practice of psychology as a
  psychological associate is not required to be supervised by a
  psychologist.
         (e)  For purposes of Subsection (d), experience is
  supervised only if the experience is supervised by a psychologist
  in the manner provided by the board's supervision guidelines.
         (f)  This section does not prohibit a psychological
  associate who has completed the 3,000 hours of supervised
  experience described by Subsection (d) from practicing under the
  supervision of a psychologist:
               (1)  for the purpose of obtaining competency in the
  application of new techniques; or
               (2)  as required by the board in response to a complaint
  filed with the board or as part of a disciplinary action taken by
  the board.
         SECTION 2.  Section 32.024, Human Resources Code, is amended
  by adding Subsection (ll) to read as follows:
         (ll)  The executive commissioner shall establish a separate
  provider type for psychological associates licensed under Chapter
  501, Occupations Code, for purposes of enrollment as a provider for
  and reimbursement under the medical assistance program.
         SECTION 3.  Section 32.027(l), Human Resources Code, is
  amended to read as follows:
         (l)  Subject to appropriations, the commission shall assure
  that a recipient of medical assistance under this chapter may
  select a licensed psychologist, a licensed psychological
  associate, a licensed marriage and family therapist, as defined by
  Section 502.002, Occupations Code, a licensed professional
  counselor, as defined by Section 503.002, Occupations Code, or a
  licensed master social worker, as defined by Section 505.002,
  Occupations Code, to perform any health care service or procedure
  covered under the medical assistance program if the selected person
  is authorized by law to perform the service or procedure. This
  subsection shall be liberally construed.
         SECTION 4.  Section 1451.001(18), Insurance Code, is amended
  to read as follows:
               (18)  "Psychological associate" means an individual
  licensed as a psychological associate by the Texas State Board of
  Examiners of Psychologists [who practices solely under the
  supervision of a licensed psychologist].
         SECTION 5.  As soon as practicable, the Texas State Board of
  Examiners of Psychologists shall adopt rules necessary to implement
  the changes made by this Act.
         SECTION 6.  (a)  A person is entitled to engage in the
  practice of psychology as a psychological associate without being
  supervised by a psychologist and without fulfilling the educational
  and experience requirements prescribed by Section 501.259,
  Occupations Code, as amended by this Act, if, before January 1,
  2018, the person submits to the Texas State Board of Examiners of
  Psychologists proof that the person:
               (1)  holds at least a master's degree or its equivalent
  from an accredited institution of higher education in a program
  that is primarily psychological in nature;
               (2)  is currently licensed in good standing as a
  psychological associate in this state; and
               (3)  has been continuously practicing during the
  two-year period preceding the effective date of this Act as:
                     (A)  a licensed psychological associate;
                     (B)  a licensed specialist in school psychology;
                     (C)  a licensed marriage and family therapist;
                     (D)  a licensed professional counselor; or
                     (E)  a licensed social worker.
         (b)  The Texas State Board of Examiners of Psychologists may
  renew an expired psychological associate license of a person and
  authorize the person to engage in the practice of psychology as a
  psychological associate without being supervised by a psychologist
  and without fulfilling the educational and experience requirements
  prescribed by Section 501.259, Occupations Code, as amended by this
  Act, if, before January 1, 2018, the person submits to the Texas
  State Board of Examiners of Psychologists proof that the person:
               (1)  holds at least a master's degree or its equivalent
  from an accredited institution of higher education in a program
  that is primarily psychological in nature;
               (2)  was licensed as a psychological associate in this
  state; and
               (3)  is currently licensed in good standing in this
  state and has been continuously practicing during the two-year
  period preceding the effective date of this Act as:
                     (A)  a licensed specialist in school psychology;
                     (B)  a licensed marriage and family therapist;
                     (C)  a licensed professional counselor; or
                     (D)  a licensed social worker.
         SECTION 7.  The educational requirements prescribed by
  Sections 501.259(a) and (b), Occupations Code, as amended by this
  Act, apply only to a person who files an initial application for a
  psychological associate license on or after the effective date of
  this Act.
         SECTION 8.  If, before implementing any provision of this
  Act, a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 9.  This Act takes effect September 1, 2017.