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