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.