By: Nelson S.B. No. 1022

A BILL TO BE ENTITLED

AN ACT

relating to the transfer of the licensing and regulation of certain counseling professions to the Texas Department of Licensing and Regulation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 502.002, Occupations Code, is amended by amending Subdivisions (2), (3), and (5) and adding Subdivision (3-a) to read as follows:

(2) "Commission" ["Commissioner"] means the Texas Commission of Licensing and Regulation [commissioner of state health services].

(3) "Department" means the Texas Department of Licensing and Regulation [Department of State Health Services].

(3-a) "Executive director" means the executive director of the department.

(5) "Licensed marriage and family therapist associate" means an individual who offers to provide marriage and family therapy for compensation under the supervision of a commission-approved [board-approved] supervisor.

SECTION 2. The heading to Subchapter D, Chapter 502, Occupations Code, is amended to read as follows:

SUBCHAPTER D. [BOARD] POWERS AND DUTIES

SECTION 3. Section 502.151, Occupations Code, is amended to read as follows:

Sec. 502.151. GENERAL POWERS AND DUTIES [OF BOARD]. (a) The executive director shall administer and enforce this chapter.

(b) The commission [board] shall:

(1) determine the qualifications and fitness of a license applicant under this chapter; and

(2) adopt a code of professional ethics for license holders.

SECTION 4. Section 502.157, Occupations Code, is amended to read as follows:

Sec. 502.157. ANNUAL REGISTRY. (a) The department [board] shall annually prepare a registry of all license holders.

(b) The department [board] shall make the registry available to the public, license holders, and other state agencies.

SECTION 5. Section 502.159, Occupations Code, is amended to read as follows:

Sec. 502.159. EX PARTE COMMUNICATION PROHIBITED. A commission [board] member or department employee [who performs functions for the board and] who is assigned to make a decision, a finding of fact, or a conclusion of law in a proceeding pending before the commission [board] may not directly or indirectly communicate with a party to the proceeding or the party's representative unless notice and an opportunity to participate are given to each party to the proceeding.

SECTION 6. Section 502.252, Occupations Code, is amended to read as follows:

Sec. 502.252. LICENSE APPLICATION. (a) An applicant for a license must:

(1) file a written application in the manner and [with the board] on a form prescribed by the executive director [board]; and

(2) pay the appropriate application fee.

(b) To qualify for a license as a licensed marriage and family therapist associate, a person must:

(1) be at least 18 years of age;

(2) have completed a graduate internship in marriage and family therapy, or an equivalent internship, as approved by the commission [board];

(3) pass the license examination and jurisprudence examination determined by the commission [board];

(4) hold a master's or doctoral degree in marriage and family therapy or in a related mental health field with coursework and training determined by the commission [board] to be substantially equivalent to a graduate degree in marriage and family therapy from a regionally accredited institution of higher education or an institution of higher education approved by the commission [board];

(5) be of good moral character;

(6) have not been convicted of a felony or a crime involving moral turpitude;

(7) not use drugs or alcohol to an extent that affects the applicant's professional competency;

(8) not have had a license or certification revoked by a licensing agency or by a certifying professional organization; and

(9) not have engaged in fraud or deceit in applying for a license under this chapter.

(c) An applicant is eligible to apply for a license as a licensed marriage and family therapist if the person:

(1) meets the requirements of Subsection (b);

(2) after receipt of a degree described by Subsection (b)(4), has completed two years of work experience in marriage and family therapist services that includes at least 3,000 hours of clinical practice of which:

(A) at least 1,500 hours consist of direct clinical services; and

(B) at least 750 hours consist of direct clinical services to couples or families; and

(3) has completed, in a manner acceptable to the commission [board], at least 200 hours of supervised provision of direct clinical services by the applicant, 100 hours of which must be supervised on an individual basis.

SECTION 7. Sections 502.253(a), (b), and (c), Occupations Code, are amended to read as follows:

(a) The department [board] shall investigate each application and any other information submitted by the applicant.

(b) Not later than the 90th day after the date the department [board] receives the completed application from a person seeking a license as a licensed marriage and family therapist associate, the department [board] shall notify the applicant whether the application has been accepted or rejected.

(c) An applicant for a license as a licensed marriage and family therapist associate is eligible to take the examination if the applicant:

(1) is enrolled in a graduate internship described by Section 502.252(b)(2) and provides proof to the department [board] that the applicant is a student in good standing in an educational program described by Section 502.252(b)(4); or

(2) has completed the internship described by Subdivision (1).

SECTION 8. Sections 502.254(b) and (d), Occupations Code, are amended to read as follows:

(b) An applicant for a license as a licensed marriage and family therapist associate under Section 502.252(b) must:

(1) file an application in the manner and on a form prescribed by the executive director [board] not later than the 90th day before the date of the examination; and

(2) pay the examination fee [set by the executive commissioner of the Health and Human Services Commission by rule].

(d) The department [board] shall have any written portion of an examination validated by an independent testing professional.

SECTION 9. Section 502.2541, Occupations Code, is amended to read as follows:

Sec. 502.2541. JURISPRUDENCE EXAMINATION. (a) The department [board] shall develop and administer at least twice each calendar year a jurisprudence examination to determine an applicant's knowledge of this chapter, [board] rules adopted under this chapter, and any other applicable laws of this state affecting the applicant's practice of marriage and family therapy.

(b) The commission [board] shall adopt rules to implement this section, including rules related to the development and administration of the examination, examination fees, guidelines for reexamination, grading the examination, and providing notice of examination results.

SECTION 10. Section 502.2545, Occupations Code, is amended to read as follows:

Sec. 502.2545. WAIVER OF EXAMINATION FOR CERTAIN APPLICANTS. (a) The department [board] may waive the requirement that an applicant for a license as a licensed marriage and family therapist pass the examination required by Section 502.254 if the applicant:

(1) is a provisional license holder under Section 502.259 and the department [board] determines that the applicant possesses sufficient education and professional experience to receive a license without further examination; or

(2) holds a license issued by another licensing agency in a profession related to the practice of marriage and family therapy and the department [board] determines that the applicant possesses sufficient education and professional experience to receive a license without satisfying the examination requirements of this chapter.

(b) The commission [board] may adopt rules necessary to administer this section, including rules under Subsection (a)(2) prescribing the professions that are related to the practice of marriage and family therapy.

SECTION 11. Section 502.256(b), Occupations Code, is amended to read as follows:

(b) If an applicant fails the examination two or more times, the department [board] may require the applicant to:

(1) complete additional courses of study designated by the department [board]; and

(2) present satisfactory evidence of completion of the required courses.

SECTION 12. Section 502.257, Occupations Code, is amended to read as follows:

Sec. 502.257. ISSUANCE OF LICENSE. The department [board] shall issue a license as a licensed marriage and family therapist associate or licensed marriage and family therapist, as appropriate, to an applicant who:

(1) complies with the requirements of this chapter;

(2) passes the licensing examination, unless the department [board] exempts the person from the examination requirement; and

(3) pays the required fees.

SECTION 13. Section 502.259, Occupations Code, is amended to read as follows:

Sec. 502.259. PROVISIONAL LICENSE. (a) The department [board] may grant a provisional license to practice as a marriage and family therapist in this state without examination to an applicant who is licensed or otherwise registered as a marriage and family therapist by another state or jurisdiction if the requirements to be licensed or registered in the other state or jurisdiction were, on the date the person was licensed or registered, substantially equal to the requirements of this chapter.

(b) An applicant for a provisional license must:

(1) be licensed in good standing as a marriage and family therapist in another state or jurisdiction that has licensing requirements that are substantially equal to the requirements of this chapter;

(2) have passed a national or other examination that:

(A) is recognized by the commission [board]; and

(B) relates to marriage and family therapy; and

(3) be sponsored by a person licensed under this chapter [by the board] with whom the provisional license holder may practice under this section.

(c) An applicant may be excused from the requirement of Subsection (b)(3) if the department [board] determines that compliance with that subsection constitutes a hardship to the applicant.

(d) A provisional license is valid until the date the department [board] approves or denies the provisional license holder's application for a license under Section 502.257. The department [board] shall complete processing of a provisional license holder's application for a license not later than the 180th day after the date the provisional license is issued. The department [board] may extend this period to allow for the receipt and tabulation of pending examination results.

(e) The department [board] shall issue a license under Section 502.257 to a provisional license holder if:

(1) the provisional license holder passes the examination required by Section 502.254;

(2) the department [board] verifies that the provisional license holder satisfies the academic and experience requirements of this chapter; and

(3) the provisional license holder satisfies any other license requirements under this chapter.

SECTION 14. Section 502.261(b), Occupations Code, is amended to read as follows:

(b) Each license holder shall notify the department [board] of the license holder's current address.

SECTION 15. Section 502.301(a), Occupations Code, is amended to read as follows:

(a) A license issued under this chapter is subject to biennial renewal. [The board shall adopt a system under which licenses expire on various dates during the year.]

SECTION 16. Section 502.351, Occupations Code, is amended to read as follows:

Sec. 502.351. GROUNDS FOR DISCIPLINARY ACTIONS. The commission or executive director [board] shall reprimand a license holder, place on probation a person whose license has been suspended, refuse to renew a person's license, or suspend or revoke a holder's license if the person:

(1) is convicted of a misdemeanor involving moral turpitude or a felony;

(2) obtains or attempts to obtain a license by fraud or deception;

(3) uses drugs or alcohol to an extent that affects the license holder's professional competence;

(4) performs professional duties in a grossly negligent manner;

(5) is adjudicated as mentally incompetent by a court;

(6) practices in a manner that is detrimental to the public health or welfare;

(7) advertises in a manner that tends to deceive or defraud the public;

(8) has a license or certification revoked by a licensing agency or a certifying professional organization;

(9) violates this chapter or a rule or code of ethics adopted under this chapter; or

(10) commits an act for which liability exists under Chapter 81, Civil Practice and Remedies Code.

SECTION 17. Section 502.357, Occupations Code, is amended to read as follows:

Sec. 502.357. GROUNDS FOR REFUSING RENEWAL. The department [board] may refuse to renew the license of a person who fails to pay an administrative penalty imposed under Subchapter F, Chapter 51, [I] unless enforcement of the penalty is stayed or a court has ordered that the administrative penalty is not owed.

SECTION 18. Section 502.358, Occupations Code, is amended to read as follows:

Sec. 502.358. REFUND. (a) Subject to Subsection (b), the commission or executive director [board] may order a license holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under this chapter.

(b) The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the license holder for a service regulated by this chapter. The commission or executive director [board] may not require payment of other damages or estimate harm in a refund order.

SECTION 19. Section 502.453, Occupations Code, is amended to read as follows:

Sec. 502.453. CIVIL PENALTY. (a) A person who violates this chapter or a rule or order adopted [by the board] under this chapter is liable for a civil penalty not to exceed $1,000 a day.

(b) At the request of the commission [board] or executive director [department], the attorney general shall bring an action to recover a civil penalty authorized under this section.

SECTION 20. Section 503.002, Occupations Code, is amended by amending Subdivisions (1) and (2) and adding Subdivision (2-a) to read as follows:

(1) "Commission" ["Board"] means the Texas Commission of Licensing and Regulation [State Board of Examiners of Professional Counselors].

(2) "Department" means the Texas Department of Licensing and Regulation [State Health Services].

(2-a) "Executive director" means the executive director of the department.

SECTION 21. The heading to Subchapter E, Chapter 503, Occupations Code, is amended to read as follows:

SUBCHAPTER E. [BOARD] POWERS AND DUTIES

SECTION 22. Section 503.201, Occupations Code, is amended to read as follows:

Sec. 503.201. GENERAL POWERS AND DUTIES. (a) The executive director shall administer and enforce this chapter.

(b) The commission [board] shall:

(1) determine the qualifications and fitness of an applicant for a license, license renewal, or provisional license;

(2) examine for, deny, approve, issue, revoke, suspend, suspend on an emergency basis, place on probation, and renew the license of an applicant or license holder under this chapter;

(3) adopt and publish a code of ethics;

(4) by rule adopt a list of authorized counseling methods or practices that a license holder may undertake or perform; and

(5) adopt an official seal.

(c) [(b)] The commission or executive director [board] may request and shall receive the assistance of a state educational institution or other state agency.

SECTION 23. Section 503.207, Occupations Code, is amended to read as follows:

Sec. 503.207. LICENSE HOLDER REGISTRY. (a) Each year the department [board] shall prepare a registry of persons licensed under this chapter. The registry must include listings of any specializations permitted by law or by commission [board] rule. The registry shall be made available on request to a license holder, another state agency, or a member of the public.

(b) A person licensed under this chapter shall inform the department [board] of the person's current address at all times.

SECTION 24. Section 503.208, Occupations Code, is amended to read as follows:

Sec. 503.208. COMPETENT PERFORMANCE OF PROFESSIONAL DUTIES. The commission [board] shall identify the key factors for the competent performance by a license holder of the license holder's professional duties.

SECTION 25. Section 503.302, Occupations Code, is amended to read as follows:

Sec. 503.302. QUALIFICATIONS FOR LICENSE. (a) A person qualifies for a license under this chapter if the person:

(1) is at least 18 years old;

(2) has a master's or doctoral degree in counseling or a related field;

(3) has successfully completed a graduate degree at a regionally accredited institution of higher education and the number of graduate semester hours required by commission [board] rule, which may not be less than 48 hours and must include 300 clock hours of supervised practicum that:

(A) is primarily counseling in nature; and

(B) meets the specific academic course content and training standards established by the commission [board];

(4) has completed the number of supervised experience hours required by commission [board] rule, which may not be less than 3,000 hours working in a counseling setting that meets the requirements established by the commission [board] after the completion of the graduate program described by Subdivision (3);

(5) [except as provided by Subsection (b),] passes the license examination and jurisprudence examination required by this chapter;

(6) submits an application in the manner and on a form prescribed [as required] by the executive director [board], accompanied by the required application fee; and

(7) meets any other requirement prescribed by the commission [board].

(b) [(d)] In establishing the standards described by Subsection (a)(3)(B), the commission [board] shall review and consider the standards as developed by the appropriate professional association.

(c) [(e)] The commission [board] may require the statements on a license application to be made under oath.

SECTION 26. Section 503.303(b), Occupations Code, is amended to read as follows:

(b) The department [board] shall accept an individual course from an art therapy program accredited through the American Art Therapy Association as satisfying the education requirements under Section 503.302(a)(3) if at least 75 percent of the course content is substantially equivalent to the content of a course required by commission [board] rule.

SECTION 27. Section 503.304, Occupations Code, is amended to read as follows:

Sec. 503.304. REVIEW OF APPLICATION. (a) Not later than the 30th day before the examination date, after investigation of a license application and review of other evidence submitted, the department [board] shall notify the applicant that the application and evidence submitted are:

(1) satisfactory and accepted; or

(2) unsatisfactory and rejected.

(b) If the department [board] rejects an application, the department [board] shall state in the notice the reasons for the rejection.

SECTION 28. Section 503.305, Occupations Code, is amended to read as follows:

Sec. 503.305. LICENSE EXAMINATION. (a) The department [board] shall administer examinations to determine the competence of qualified applicants at least twice each calendar year.

(b) The department [board] shall contract with a nationally recognized testing organization to develop and administer a written professional counselor licensing examination to applicants who apply for a license under this chapter.

SECTION 29. Section 503.3055, Occupations Code, is amended to read as follows:

Sec. 503.3055. JURISPRUDENCE EXAMINATION. (a) The department [board] shall develop and administer at least twice each calendar year a jurisprudence examination to determine an applicant's knowledge of this chapter, commission [board] rules, and any other applicable laws of this state affecting the applicant's professional counseling practice.

(b) The commission [board] shall adopt rules to implement this section, including rules related to the development and administration of the examination, examination fees, guidelines for reexamination, grading the examination, and providing notice of examination results.

SECTION 30. Sections 503.310(a), (c), and (d), Occupations Code, are amended to read as follows:

(a) On application and payment of applicable fees, the department [board] may issue a provisional license to a person who holds a license as a counselor or art therapist issued by another state or by a jurisdiction acceptable to the commission [board].

(c) An applicant is not required to comply with Subsection (b)(3) if the department [board] determines that compliance with that subsection is a hardship to the applicant.

(d) A provisional license is valid until the date the department [board] approves or denies the provisional license holder's application for a license under Section 503.311.

SECTION 31. Section 503.311, Occupations Code, is amended to read as follows:

Sec. 503.311. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE HOLDER. (a) The department [board] shall issue a license to the holder of a provisional license who applies for a license if:

(1) the department [board] verifies that the applicant has the academic and experience requirements for a regular license under this chapter; and

(2) the applicant satisfies any other license requirements under this chapter.

(b) The department [board] must complete the processing of a provisional license holder's application for a license not later than the later of:

(1) the 180th day after the date the provisional license is issued; or

(2) the date licenses are issued following completion of the examination.

SECTION 32. Section 503.313, Occupations Code, is amended to read as follows:

Sec. 503.313. RETIREMENT STATUS. The commission [board] by rule may adopt a system for placing a person licensed under this chapter on retirement status.

SECTION 33. Section 503.314(b), Occupations Code, is amended to read as follows:

(b) A license certificate issued under this chapter [by the board] is the property of the department [board] and must be surrendered on demand.

SECTION 34. Section 503.351, Occupations Code, is amended to read as follows:

Sec. 503.351. RENEWAL; ELIGIBILITY. A person licensed under this chapter may renew the license biennially if the person:

(1) is not in violation of this chapter when the person applies for renewal; and

(2) fulfills the continuing education requirements [established by the board].

SECTION 35. Sections 503.401(a) and (b), Occupations Code, are amended to read as follows:

(a) A person licensed under this chapter is subject to disciplinary action under this section if the person:

(1) violates this chapter or a rule or code of ethics adopted under this chapter [by the board];

(2) commits an act for which the license holder would be liable under Chapter 81, Civil Practice and Remedies Code;

(3) is legally committed to an institution because of mental incompetence from any cause; or

(4) directly or indirectly offers to pay or agrees to accept remuneration to or from any person for securing or soliciting a patient or patronage.

(b) If a person is subject to disciplinary action under this section, the commission or executive director [board] shall:

(1) revoke or suspend the person's license, including a suspension on an emergency basis;

(2) refuse to renew the person's license;

(3) suspend the person's license and place the person on probation with the license suspension probated; or

(4) reprimand the person.

SECTION 36. Section 503.407, Occupations Code, is amended to read as follows:

Sec. 503.407. REFUND. (a) Subject to Subsection (b), the commission or executive director [board] may order a license holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under this chapter.

(b) The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the license holder for a service regulated by this chapter. The commission or executive director [board] may not require payment of other damages or estimate harm in a refund order.

SECTION 37. Section 503.453, Occupations Code, is amended to read as follows:

Sec. 503.453. REPORT OF ALLEGED OFFENSE. The department [board] shall notify the appropriate prosecuting attorney of an alleged offense committed under this chapter.

SECTION 38. Section 504.001, Occupations Code, is amended by amending Subdivisions (5), (7), (8), and (9) to read as follows:

(5) "Commission" ["Commissioner"] means the Texas Commission of Licensing and Regulation [commissioner of state health services].

(7) "Department" means the Texas Department of Licensing and Regulation [State Health Services].

(8) "Executive director [commissioner]" means the executive director [commissioner] of the department [Health and Human Services Commission].

(9) "Peer assistance program" means a program approved by the commission [department] under Section 504.057.

SECTION 39. The heading to Subchapter B, Chapter 504, Occupations Code, is amended to read as follows:

SUBCHAPTER B. POWERS AND DUTIES [OF EXECUTIVE COMMISSIONER AND

DEPARTMENT]

SECTION 40. Section 504.051, Occupations Code, is amended to read as follows:

Sec. 504.051. GENERAL POWERS AND DUTIES [OF EXECUTIVE COMMISSIONER]. (a) The executive director [commissioner] shall administer and enforce this chapter.

(b) The commission shall establish:

(1) [adopt rules as necessary for the performance of its duties under this chapter;

[(2) establish] standards of conduct and ethics for persons licensed under this chapter; and

(2) [(3) establish] any additional criteria for peer assistance programs for chemical dependency counselors that the commission [executive commissioner] determines necessary.

SECTION 41. Section 504.052, Occupations Code, is amended to read as follows:

Sec. 504.052. DISCRIMINATION PROHIBITED. In taking an action or making a decision under this chapter, the commission, executive director [commissioner, commissioner], and department shall do so without regard to the sex, race, religion, national origin, color, or political affiliation of the person affected. For purposes of this section, taking an action or making a decision under this chapter includes:

(1) considering a license application;

(2) conducting an examination;

(3) adopting or enforcing a rule; and

(4) conducting a disciplinary proceeding.

SECTION 42. Section 504.055(d), Occupations Code, is amended to read as follows:

(d) The department may charge a fee in an amount set by the commission [executive commissioner] by rule for the roster published under this section.

SECTION 43. Sections 504.057(a) and (b), Occupations Code, are amended to read as follows:

(a) The commission [department] shall approve one or more peer assistance programs established [by the department or a professional association] in accordance with Chapter 467, Health and Safety Code, from which persons licensed under this chapter may seek assistance.

(b) The commission [department] shall approve a peer assistance program that:

(1) meets the minimum criteria established [by the executive commissioner or department] under Chapter 467, Health and Safety Code;

(2) meets any additional criteria established by the commission [executive commissioner or department] for chemical dependency counselors licensed under this chapter; and

(3) is designed to assist a chemical dependency counselor whose ability to perform a professional service is impaired by abuse of or dependency on drugs or alcohol.

SECTION 44. Section 504.058(a), Occupations Code, is amended to read as follows:

(a) The department [executive commissioner] shall add a surcharge of not more than $10 to the license or license renewal fee for a license under this chapter to fund approved peer assistance programs for chemical dependency counselors. Money collected from the surcharge shall be remitted to the comptroller for deposit to the credit of the chemical dependency counselor account. The chemical dependency counselor account is an account in the general revenue fund.

SECTION 45. Section 504.1515(a), Occupations Code, is amended to read as follows:

(a) A person seeking a license as a chemical dependency counselor shall register with the department as a counselor intern by submitting, in the manner prescribed by [a form acceptable to] the executive director [department], the following:

(1) an application fee and a background investigation fee;

(2) a completed, signed, dated, and notarized application on a form prescribed by the executive director [department];

(3) a recent full-face wallet-sized photograph of the applicant;

(4) two sets of fingerprints submitted [completed in accordance with department instructions] on a form prescribed [cards issued] by the executive director [department];

(5) documentation verifying the applicant successfully completed:

(A) 270 total hours of approved curricula described by Section 504.152(a)(3)(A) [504.152(3)(A)]; and

(B) 300 hours of approved supervised field work practicum described by Section 504.152(a)(3)(C) [504.152(3)(C)]; and

(6) documentation verifying the applicant received a high school diploma or its equivalent.

SECTION 46. Section 504.152(a), Occupations Code, is amended to read as follows:

(a) To be eligible for a license under this chapter, a person must:

(1) be at least 18 years of age;

(2) hold an associate degree or a more advanced degree;

(3) have completed:

(A) 135 hours, or nine semester hours, specific to substance abuse disorders and treatment and an additional 135 hours, or nine semester hours, specific or related to chemical dependency counseling;

(B) 4,000 hours of approved supervised experience working with chemically dependent persons; and

(C) 300 hours of approved supervised field work practicum;

(4) provide two letters of reference from chemical dependency counselors;

(5) pass a written examination approved by the department;

(6) submit a case presentation to the test administrator;

(7) be determined by the department to be worthy of the public trust and confidence;

(8) successfully complete the chemical dependency counselor examination under Section 504.156;

(9) sign a written agreement to comply with the standards of ethics approved by the commission [department]; and

(10) provide to the department written assurance that the applicant has access to a peer assistance program.

SECTION 47. Section 504.1521(b), Occupations Code, is amended to read as follows:

(b) The commission [executive commissioner] shall adopt rules necessary to:

(1) register clinical training institutions that meet the criteria established by the commission [executive commissioner] to protect the safety and welfare of the people of this state; and

(2) certify clinical supervisors who hold certification credentials approved by the commission [department] or by a person designated by the commission [department], such as the International Certification and Reciprocity Consortium or another person that meets the criteria established by the commission [executive commissioner] to protect the safety and welfare of the people of this state.

SECTION 48. Sections 504.1525(a) and (b), Occupations Code, are amended to read as follows:

(a) Except as provided by Subsection (b), the department may not issue a license, registration, or certification under this chapter to an applicant who has been:

(1) convicted or placed on community supervision during the three years preceding the date of application in any jurisdiction for an offense equal to a Class B misdemeanor specified by commission [department] rule;

(2) convicted or placed on community supervision in any jurisdiction for an offense equal to or greater than a Class A misdemeanor specified by commission [department] rule; or

(3) found to be incapacitated by a court on the basis of a mental defect or disease.

(b) The department may issue a license, registration, or certification to a person convicted or placed on community supervision in any jurisdiction for a drug or alcohol offense described by Subsection (a)(1) or (2) if the commission or executive director [department] determines that the applicant has successfully completed participation in an approved peer assistance program.

SECTION 49. Sections 504.155(a), (b), and (c), Occupations Code, are amended to read as follows:

(a) An application for a license under this chapter must:

(1) be submitted in the manner and on a form prescribed [and furnished] by the executive director [department]; and

(2) contain a statement made under oath of the applicant's education, experience, and other qualifications established by the commission [department] as required for a license under this chapter.

(b) The commission or executive director [department] may require additional information regarding the quality, scope, and nature of the experience and competence of the applicant if the commission or executive director [department] determines that a person's application lacks sufficient information for consideration by the department.

(c) The department may obtain criminal history record information relating to an applicant for a license under this chapter from the Department of Public Safety and the Federal Bureau of Investigation. The department may deny an application for a license if the applicant fails to provide two complete sets of fingerprints on a form prescribed by the executive director [department].

SECTION 50. The heading to Section 504.157, Occupations Code, is amended to read as follows:

Sec. 504.157. [EXAMINATION RESULTS;] REEXAMINATION.

SECTION 51. Section 504.157(d), Occupations Code, is amended to read as follows:

(d) The commission [executive commissioner] by rule shall establish the criteria under which an applicant may take a subsequent examination under Subsection (c).

SECTION 52. Section 504.201(a), Occupations Code, is amended to read as follows:

(a) A license issued under this chapter expires on the second anniversary of the date of issuance. [The executive commissioner by rule shall adopt a system under which licenses expire on various dates during the year.]

SECTION 53. Section 504.2025(b), Occupations Code, is amended to read as follows:

(b) The commission or executive director [department] may renew a license under this chapter if the commission or executive director [department] determines that the person has successfully completed participation in an approved peer assistance program subsequent to the conviction or placement on community supervision for an offense described by Section 504.1525(b).

SECTION 54. Section 504.2026(b), Occupations Code, is amended to read as follows:

(b) The commission or executive director [department] may waive the requirement of Subsection (a) if the commission or executive director [department] determines that a peer assistance program is not reasonably available to the license holder.

SECTION 55. Section 504.205(d), Occupations Code, is amended to read as follows:

(d) Except for the number of hours required, the commission [executive commissioner] may not adopt a rule [under Subsection (a)] that distinguishes between the continuing education requirements for a license holder subject to Subsection (b) and a license holder subject to Subsection (c).

SECTION 56. Sections 504.206(b) and (d), Occupations Code, are amended to read as follows:

(b) The commission [department] shall recognize, prepare, or administer a training component that satisfies the requirement of Subsection (a) for use in continuing education for chemical dependency counselors.

(d) In developing the training component, the commission [department] may, to the extent appropriate, consider the training course relating to hepatitis C developed by the Department of State Health Services [department] under Section 94.002, Health and Safety Code.

SECTION 57. Section 504.251, Occupations Code, is amended to read as follows:

Sec. 504.251. GROUNDS FOR LICENSE, REGISTRATION, OR CERTIFICATION DENIAL OR DISCIPLINARY ACTION. The commission or executive director [department] shall refuse to issue a license, registration, or certification [issued by the department] to an applicant, refuse to renew a person's license, registration, or certification [holder's license, registration, or certification issued by the department], or take disciplinary action against the holder of a license, registration, or certification [issued by the department] if the applicant or license, registration, or certification holder:

(1) violates or assists another to violate this chapter or a rule adopted under this chapter;

(2) circumvents or attempts to circumvent this chapter or a rule adopted under this chapter;

(3) directly or indirectly participates in a plan to evade this chapter or a rule adopted under this chapter;

(4) has a license to practice chemical dependency counseling in another jurisdiction refused, suspended, or revoked for a reason that the commission or executive director [department] determines would constitute a violation of this chapter or a rule adopted under this chapter;

(5) engages in false, misleading, or deceptive conduct as defined by Section 17.46, Business & Commerce Code;

(6) engages in conduct that discredits or tends to discredit the profession of chemical dependency counseling;

(7) directly or indirectly reveals a confidential communication made to the person by a client or recipient of services, except as required by law;

(8) refuses to perform an act or service the person is licensed, registered, or certified to perform under this chapter on the basis of the client's or recipient's age, sex, race, religion, national origin, color, or political affiliation; or

(9) commits an act for which liability exists under Chapter 81, Civil Practice and Remedies Code.

SECTION 58. Sections 504.255(a) and (c), Occupations Code, are amended to read as follows:

(a) A person whose license, registration, or certification application is denied under Section 504.1525, whose license, registration, or certification renewal is refused under Section 504.2025, or whose license, registration, or certification is suspended [under Section 504.2525] may appeal the denial, refusal to renew, or suspension on the grounds that:

(1) the sole basis for the [department's] determination is a conviction or placement on community supervision for an offense described by Section 504.1525; and

(2) sufficient time, as determined by commission [department] rule, has expired since the date of the conviction or placement.

(c) After a hearing under this section, the commission or executive director [department] may determine that the person is entitled to a license, registration, or certification under this chapter.

SECTION 59. The heading to Subchapter H, Chapter 504, Occupations Code, is amended to read as follows:

SUBCHAPTER H. CIVIL PENALTY [OTHER PENALTIES AND ENFORCEMENT

PROVISIONS]

SECTION 60. Section 504.351, Occupations Code, is amended to read as follows:

Sec. 504.351. [INJUNCTIVE RELIEF;] CIVIL PENALTY. A person who violates [(a) If it appears that a person has violated, is violating,] or threatens [is threatening] to violate this chapter or a rule adopted under this chapter is liable for a civil penalty of [, the department or the attorney general at the request of the department may institute an action in district court for an injunction, a civil penalty, or both.

[(b) On application for injunctive relief and a finding that a person is violating or threatening to violate this chapter or a rule adopted under this chapter, the district court may grant injunctive relief as the facts warrant. The department is not required to give an appeal bond in an appeal of an action seeking injunctive relief under this section.

[(c) The amount of a civil penalty imposed under this section may] not [be] less than $50 or more than $500 for each day of the violation.

SECTION 61. Section 505.002, Occupations Code, is amended to read as follows:

Sec. 505.002. DEFINITIONS. In this chapter:

(1) "Commission" means the Texas Commission of Licensing and Regulation.

(2) ["Board" means the Texas State Board of Social Worker Examiners.

[(3)] "Council on Social Work Education" means the national organization that is primarily responsible for the accreditation of schools of social work in the United States or its successor approved by the commission [board].

(3) [(4)] "Department" means the Texas Department of Licensing and Regulation [State Health Services].

(4) "Executive director" means the executive director of the department.

(5) [(4-a)] "Licensed baccalaureate social worker" means a person who holds a baccalaureate social worker license issued [by the board] under this chapter.

(6) [(4-b)] "Licensed clinical social worker" means a person who holds a clinical social worker license issued [by the board] under this chapter.

(7) [(5)] "Licensed master social worker" means a person who holds a master social worker license issued [by the board] under this chapter.

(8) [(6)] "Licensed social worker" means a person who holds a social worker license issued [by the board] under this chapter.

(9) "Social worker" means a person who holds any license issued [by the board] under this chapter.

SECTION 62. Section 505.201, Occupations Code, is amended to read as follows:

Sec. 505.201. GENERAL RULEMAKING AND ENFORCEMENT AUTHORITY. (a) The executive director shall administer and enforce this chapter.

(b) The commission [board] may:

(1) [adopt and enforce rules necessary to perform the board's duties under this chapter;

[(2)] establish standards of conduct and ethics for license holders; and

(2) [(3)] ensure strict compliance with and enforcement of this chapter.

[(b) In adopting rules under this section, the board shall consider the rules and procedures of the department. The board shall adopt procedural rules, which may not be inconsistent with similar rules and procedures of the department.]

(c) The commission [board] by rule may define a term not defined under Section 505.002 if a definition is necessary to administer or enforce this chapter.

(d) [(e)] For each type of license issued under this chapter, the commission [board] shall establish:

(1) the minimum eligibility requirements;

(2) educational requirements;

(3) professional experience criteria;

(4) supervision requirements; and

(5) independent practice criteria.

(e) [(f)] The commission [board] shall establish procedures for recognition of independent practice.

SECTION 63. Section 505.205, Occupations Code, is amended to read as follows:

Sec. 505.205. ROSTER OF LICENSE HOLDERS. (a) The department [board] shall prepare and publish at its discretion a roster that contains the name and address of each person licensed under this chapter.

(b) The department [board] shall mail a copy of the roster to each license holder.

(c) The department [board] may not include in the roster the name and address of a person who is delinquent in the payment of a fee required under this chapter on the date the roster is sent for printing.

SECTION 64. Section 505.206, Occupations Code, is amended to read as follows:

Sec. 505.206. ROSTER OF INDEPENDENT SOCIAL WORKERS. The department [board] shall publish a roster of persons recognized under Section 505.307 as qualified for the independent practice of social work.

SECTION 65. Section 505.301, Occupations Code, is amended to read as follows:

Sec. 505.301. ESTABLISHMENT OF SPECIALTY AREA. (a) The commission [board] may establish within the scope of social work practice and this chapter specialty areas of social work for license holders under this chapter who are licensed in good standing if establishment of the specialty areas:

(1) is necessary to promote the public interest; and

(2) assists the public in identifying qualified persons in a social work practice specialty.

(b) The commission [board] may not authorize a specialty area within the practice of social work unless the commission [board] sets the minimum qualifications for social work practice with appropriate supervision and examination [, as determined by the board].

(c) The commission [board] may not establish a specialty area of social work or a specialty area identification that conflicts with a state licensing law.

SECTION 66. Section 505.302(a), Occupations Code, is amended to read as follows:

(a) In establishing a specialty area of social work, the commission [board] shall:

(1) define the scope of the specialty;

(2) establish qualifications for specialty area practitioners that describe, in accordance with Subdivision (1), the scope of the specialty area;

(3) adopt rules of conduct to ensure strict compliance with and enforcement of this chapter; and

(4) adopt rules for the suspension or revocation of an order of recognition of specialty.

SECTION 67. Sections 505.303(a) and (c), Occupations Code, are amended to read as follows:

(a) The commission [board] shall establish a specialty area for the practice of clinical social work that is available only to a licensed master social worker who satisfies the minimum number of years of active social work practice with appropriate supervision and clinical examination, as determined by the commission [board].

(c) For purposes of Subchapter C, Chapter 1451, Insurance Code:

(1) a person recognized as qualified for the independent practice of clinical social work may use the title "Licensed Clinical Social Worker" or another title approved by the commission [board]; and

(2) a commission-approved [board-approved] title under this subsection has the same meaning and effect as the title "Licensed Clinical Social Worker."

SECTION 68. Section 505.304, Occupations Code, is amended to read as follows:

Sec. 505.304. ORDER OF RECOGNITION OF SPECIALTY. (a) The commission [board] shall prescribe the name, design, and content of an order of recognition of specialty.

(b) An order of recognition of specialty must:

(1) state the full name of the person recognized in the order; and

(2) state the official specialty serial number [;

[(3) include the presiding officer's signature; and

[(4) include the board's official seal].

SECTION 69. Section 505.305, Occupations Code, is amended to read as follows:

Sec. 505.305. RECOGNITION OF SPECIALTY; ISSUANCE OF ORDER. (a) The department [board] shall recognize a social worker as qualified for the practice of a specialty area of social work if the social worker satisfies the recognition requirements established by the commission [board] and the department [board] determines that the person is worthy of the public trust in performing services within the scope of the specialty area.

(b) The department [board] shall issue an order of recognition of specialty to a social worker who is recognized as qualified for the practice of a specialty area of social work. The order of recognition of specialty evidences the state's recognition of the social worker as a specialty social work practitioner under the identification or title designated by the commission [board].

SECTION 70. Section 505.306, Occupations Code, is amended to read as follows:

Sec. 505.306. PROHIBITED USE OF SPECIALTY AREA IDENTIFICATION OR TITLE. If the commission [board] establishes a specialty area of social work, a social worker may not use the specialty area identification or title designated by the commission [board] unless the person is recognized as qualified for the practice of the specialty area under this chapter.

SECTION 71. Section 505.307, Occupations Code, is amended to read as follows:

Sec. 505.307. INDEPENDENT PRACTICE RECOGNITION; MINIMUM QUALIFICATIONS. (a) The commission [board] shall establish procedures for recognizing a social worker qualified for the independent practice of social work.

(b) A social worker may not be recognized as qualified for the independent practice of social work unless the person satisfies the requirements of social work education, experience, and supervision as determined by the commission [board].

SECTION 72. Section 505.352, Occupations Code, is amended to read as follows:

Sec. 505.352. LICENSE APPLICATION. A person may apply for a license under this chapter by submitting an application to the department [board]. The application must:

(1) be in the manner and on a form prescribed by the executive director [board]; and

(2) contain statements made under oath regarding the applicant's education and experience and any other information required by the department [board] that qualifies the applicant for a license.

SECTION 73. Section 505.353, Occupations Code, is amended to read as follows:

Sec. 505.353. ELIGIBILITY. (a) To be eligible for a license under this chapter, an applicant must:

(1) be at least 18 years of age;

(2) be worthy of the public trust and confidence;

(3) satisfy the education and experience requirements under this section; and

(4) pass the licensing examination conducted by the department [board] under Section 505.354 and the jurisprudence examination conducted by the department [board] under Section 505.3545.

(b) An applicant may take the licensing examination conducted by the department [board] under Section 505.354 for:

(1) a master social worker license if the applicant possesses a doctoral or master's degree in social work from a graduate program that is accredited by or is in candidacy for accreditation by the Council on Social Work Education;

(2) a baccalaureate social worker license if the applicant possesses a baccalaureate degree in social work from an educational program that is accredited by or is in candidacy for accreditation by the Council on Social Work Education; or

(3) a clinical social worker license if the applicant possesses a doctoral or master's degree in social work from an accredited graduate program approved by the commission [board] and meets the qualifications for clinical social work practice [as determined by the board] under this chapter.

(c) The department [board] may require an applicant to submit documentary evidence of the quality, scope, and nature of the applicant's experience and competence to:

(1) determine the credibility and acceptability of the applicant's professional or technical experience or competence; and

(2) ensure the public safety, health, and welfare.

SECTION 74. Sections 505.354(a), (b), and (e), Occupations Code, are amended to read as follows:

(a) The department [board], at least once each calendar year, shall prepare and administer an examination to assess an applicant's qualifications for a license under this chapter.

(b) Each license examination shall be conducted in a manner that is determined by the department [board] and is fair and impartial to each applicant and school or system of social work.

(e) The department [board] shall have the written portion of the examination, if any, validated by an independent testing entity.

SECTION 75. Section 505.3545, Occupations Code, is amended to read as follows:

Sec. 505.3545. JURISPRUDENCE EXAMINATION. (a) The department [board] shall develop and administer at least twice each calendar year a jurisprudence examination to determine an applicant's knowledge of this chapter, [board] rules adopted under this chapter, and any other applicable laws of this state affecting the applicant's social work practice.

(b) The commission [board] shall adopt rules to implement this section, including rules related to the development and administration of the examination, examination fees, guidelines for reexamination, grading the examination, and providing notice of examination results.

SECTION 76. Section 505.356, Occupations Code, is amended to read as follows:

Sec. 505.356. REEXAMINATION. The commission [board] by rule shall establish:

(1) a limit on the number of times an applicant who fails an examination may retake the examination;

(2) the requirements for retaking an examination; and

(3) alternative methods of examining applicants' competency.

SECTION 77. Section 505.3575, Occupations Code, is amended to read as follows:

Sec. 505.3575. ISSUANCE OF LICENSES TO CERTAIN OUT-OF-STATE APPLICANTS. (a) Notwithstanding any other licensing requirement of this subchapter:

(1) the department [board] may not require an applicant who is licensed in good standing in another state to pass a licensing examination conducted [by the board] under Section 505.354 if an applicant with substantially equivalent experience who resides in this state would not be required to take the licensing examination; and

(2) the department [board] may issue a license to an applicant who is currently licensed in another state to independently practice social work if:

(A) after an assessment, the department [board] determines that the applicant:

(i) demonstrates sufficient experience and competence;

(ii) has passed the jurisprudence examination conducted [by the board] under Section 505.3545; and

(iii) at the time of the application, is in good standing with the regulatory agency of the state in which the applicant is licensed; and

(B) the applicant presents to the department [board] credentials that the applicant obtained from a national accreditation organization and the department [board] determines that the requirements to obtain the credentials are sufficient to minimize any risk to public safety.

(b) When assessing the experience and competence of an applicant for the purposes of this section, the department [board] may take into consideration any supervision received by the applicant in another state or jurisdiction if the department [board] determines that the supervision would be taken into consideration for the purpose of licensing or certification in the state or jurisdiction in which the applicant received the supervision.

SECTION 78. Section 505.358, Occupations Code, is amended to read as follows:

Sec. 505.358. PROVISIONAL LICENSE. (a) A person may apply for a provisional license as a social worker by paying the appropriate fee and filing an application with the department in the manner and on a form prescribed by the executive director [board]. The department [board] may issue a provisional license to a person who meets the requirements of this section.

(b) An applicant for a provisional license must:

(1) be licensed or certified in good standing as a social worker in another state that has licensing or certification requirements determined by the department [board] to be substantially equivalent to the requirements of this chapter;

(2) have passed a national or other examination recognized by the commission [board] relating to the practice of social work; and

(3) be sponsored by a person licensed under this chapter with whom the provisional license holder may practice social work.

(c) An applicant is not required to comply with Subsection (b)(3) if the department [board] determines that compliance constitutes a hardship to the applicant.

(d) A provisional license is valid until the date the department [board] approves or denies the provisional license holder's application for a license under Section 505.359.

SECTION 79. Section 505.359, Occupations Code, is amended to read as follows:

Sec. 505.359. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE HOLDER. (a) The department [board] shall issue an appropriate license to a provisional license holder:

(1) who passes the licensing examination under Section 505.354 and the jurisprudence examination under Section 505.3545;

(2) for whom the department [board] verifies that the person satisfies the academic and experience requirements under Section 505.353; and

(3) who satisfies any other license requirements under this chapter.

(b) The department [board] shall complete the processing of a provisional license holder's application for a license not later than the 180th day after the date the provisional license is issued or the date licenses are issued after successful completion of the next licensing and jurisprudence examinations, whichever date is later.

(c) The department [board] may waive a license requirement for an applicant who is licensed or certified in another state if this state has entered into a reciprocity agreement with that state.

SECTION 80. The heading to Subchapter H, Chapter 505, Occupations Code, is amended to read as follows:

SUBCHAPTER H. TERM [RENEWAL] OF LICENSE OR [AND] ORDER OF

RECOGNITION OF SPECIALTY

SECTION 81. Section 505.401, Occupations Code, is amended to read as follows:

Sec. 505.401. TERM OF LICENSE OR ORDER OF RECOGNITION OF SPECIALTY [; STAGGERED EXPIRATION DATES]. [(a)] A license or order of recognition of specialty issued under this chapter is valid for two years.

[(a-1) The board by rule shall adopt a system under which licenses and orders of recognition of specialty expire on various dates during the year.

[(b) In the year in which the expiration date of an order of recognition of specialty is changed, the total renewal fee is payable.]

SECTION 82. Section 505.405, Occupations Code, is amended to read as follows:

Sec. 505.405. GROUNDS FOR REFUSING RENEWAL. The department [board] may refuse to renew the license of a person who fails to pay an administrative penalty imposed under Subchapter F, Chapter 51, [K] unless enforcement of the penalty is stayed or a court has ordered that the administrative penalty is not owed.

SECTION 83. The heading to Subchapter I, Chapter 505, Occupations Code, is amended to read as follows:

SUBCHAPTER I. DENIAL OF LICENSE OR ORDER; [AND] DISCIPLINARY

ACTIONS [PROCEDURES]

SECTION 84. Section 505.451, Occupations Code, is amended to read as follows:

Sec. 505.451. GROUNDS FOR DENIAL OF LICENSE OR ORDER OF RECOGNITION OF SPECIALTY; DISCIPLINARY ACTION. The commission or executive director [board] shall deny an application for a license or order of recognition of specialty and shall revoke or suspend, including a suspension on an emergency basis, a license or order, place a holder of a license or order that has been suspended on probation, refuse to renew a person's license, or reprimand a holder of a license or order for:

(1) violating this chapter or a rule adopted [by the board] under this chapter;

(2) circumventing or attempting to circumvent the requirements of this chapter or a rule adopted [by the board] under this chapter;

(3) directly or indirectly participating in a scheme to evade the requirements of this chapter or a rule adopted [by the board] under this chapter;

(4) engaging in unethical conduct;

(5) engaging in conduct that discredits or tends to discredit the social work profession;

(6) performing an act, allowing an omission, or making an assertion or representation that is fraudulent, deceitful, or misleading or that tends to create a misleading impression;

(7) knowingly associating with or permitting the use of a license holder's professional services or identification in connection with an enterprise that the person knows or should have known in the exercise of reasonable diligence violates this chapter or a rule adopted [by the board] under this chapter;

(8) knowingly associating with or permitting the use of a license holder's name, professional services or identification, or endorsement in connection with an enterprise that the person knows or should have known in the exercise of reasonable diligence is a trade, business, or professional practice of a fraudulent, deceitful, or misleading nature;

(9) directly or indirectly revealing or causing to be revealed a confidential communication transmitted to the license holder by a client or other recipient of the license holder's services unless revealing the communication is required by law;

(10) having been denied an application for a license or certificate to practice social work in another jurisdiction for a reason that the commission or executive director [board] determines would be a violation of this chapter or a rule adopted [by the board] under this chapter;

(11) holding a license or certificate in another jurisdiction that is suspended or revoked for a reason that the commission or executive director [board] determines would be a violation of this chapter or a rule adopted [by the board] under this chapter;

(12) having been convicted of a felony in this state, another state, or the United States;

(13) refusing to perform an act or service within the scope of the license holder's license solely because of the recipient's age, sex, race, religion, national origin, color, or political affiliation; or

(14) committing an act for which liability exists under Chapter 81, Civil Practice and Remedies Code.

SECTION 85. Section 505.454, Occupations Code, is amended to read as follows:

Sec. 505.454. SANCTIONS FOR HOLDER OF EXPIRED LICENSE OR ORDER OF RECOGNITION OF SPECIALTY. [(a)] A person who holds an expired license or order of recognition of specialty under this chapter is subject to a sanction under this chapter if the commission or executive director [board] determines that the person violated this chapter or a rule adopted [by the board] under this chapter during the period in which the license or order was valid.

[(b) Sections 505.455(b) and (c) and 505.456 apply to a disciplinary proceeding against a person under this section.]

SECTION 86. Section 505.458, Occupations Code, is amended to read as follows:

Sec. 505.458. REFUND. (a) Subject to Subsection (b), the commission or executive director [board] may order a license holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under this chapter.

(b) The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the license holder for a service regulated by this chapter. The commission or executive director [board] may not require payment of other damages or estimate harm in a refund order.

SECTION 87. Section 505.504, Occupations Code, is amended to read as follows:

Sec. 505.504. CIVIL PENALTY. (a) A person who violates or threatens to violate this chapter, a rule adopted [by the board] under this chapter, or an order issued [by the board or department] under this chapter is liable to the state for a civil penalty of not less than $50 or more than $500 for each day of violation.

(b) At the request of the commission or executive director [board or department], the attorney general shall initiate and conduct an action in a district court in the state's name to obtain a civil penalty under this section.

SECTION 88. Section 505.505, Occupations Code, is amended to read as follows:

Sec. 505.505. APPEAL BOND NOT REQUIRED. The [board or] department is not required to post an appeal bond in any action arising under this chapter.

SECTION 89. Section 505.506, Occupations Code, is amended to read as follows:

Sec. 505.506. REPRESENTATION BY ATTORNEY GENERAL. The attorney general shall represent the [board or] department in an action brought to enforce this chapter.

SECTION 90. Section 411.122(d), Government Code, is amended to read as follows:

(d) The following state agencies are subject to this section:

(1) Texas Appraiser Licensing and Certification Board;

(2) Texas Board of Architectural Examiners;

(3) Texas Board of Chiropractic Examiners;

(4) State Board of Dental Examiners;

(5) Texas Board of Professional Engineers;

(6) Texas Funeral Service Commission;

(7) Texas Board of Professional Geoscientists;

(8) Department of State Health Services, except as provided by Section 411.110[, and agencies attached to the department, including:

[(A) Texas State Board of Examiners of Dietitians;

[(B) Texas State Board of Examiners of Marriage and Family Therapists;

[(C) Midwifery Board;

[(D) Texas State Perfusionist Advisory Committee;

[(E) Texas State Board of Examiners of Professional Counselors;

[(F) Texas State Board of Social Worker Examiners;

[(G) State Board of Examiners for Speech-Language Pathology and Audiology;

[(H) Advisory Board of Athletic Trainers;

[(I) State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments;

[(J) Texas Board of Licensure for Professional Medical Physicists; and

[(K) Texas Board of Orthotics and Prosthetics];

(9) Texas Board of Professional Land Surveying;

(10) Texas Department of Licensing and Regulation, except as provided by Section 411.093;

(11) Texas Commission on Environmental Quality;

(12) Texas Board of Occupational Therapy Examiners;

(13) Texas Optometry Board;

(14) Texas State Board of Pharmacy;

(15) Texas Board of Physical Therapy Examiners;

(16) Texas State Board of Plumbing Examiners;

(17) Texas State Board of Podiatric Medical Examiners;

(18) Texas State Board of Examiners of Psychologists;

(19) Texas Real Estate Commission;

(20) Texas Department of Transportation;

(21) State Board of Veterinary Medical Examiners;

(22) Texas Department of Housing and Community Affairs;

(23) secretary of state;

(24) state fire marshal;

(25) Texas Education Agency;

(26) Department of Agriculture; and

(27) Texas Department of Motor Vehicles.

SECTION 91. Section 36.132(a)(2), Human Resources Code, is amended to read as follows:

(2) "Licensing authority" means:

(A) the Texas Medical Board;

(B) the State Board of Dental Examiners;

(C) the Texas State Board of Examiners of Psychologists;

(D) [the Texas State Board of Social Worker Examiners;

[(E)] the Texas Board of Nursing;

(E) [(F)] the Texas Board of Physical Therapy Examiners;

(F) [(G)] the Texas Board of Occupational Therapy Examiners; or

(G) [(H)] another state agency authorized to regulate a provider who receives or is eligible to receive payment for a health care service under the Medicaid program.

SECTION 92. Sections 1451.001(4), (9), (10), and (11), Insurance Code, are amended to read as follows:

(4) "Chemical dependency counselor" means an individual licensed under Chapter 504, Occupations Code [by the Texas Commission on Alcohol and Drug Abuse].

(9) "Licensed clinical social worker" means an individual licensed by the Texas Department of Licensing and Regulation [State Board of Social Worker Examiners] as a licensed clinical social worker.

(10) "Licensed professional counselor" means an individual licensed under Chapter 503, Occupations Code [by the Texas State Board of Examiners of Professional Counselors].

(11) "Marriage and family therapist" means an individual licensed under Chapter 502, Occupations Code [by the Texas State Board of Examiners of Marriage and Family Therapists].

SECTION 93. Section 110.001(7), Occupations Code, is amended to read as follows:

(7) "Sex offender treatment provider" means a person, licensed by the council and recognized based on training and experience to provide assessment and treatment to adult sex offenders or juveniles with sexual behavioral problems who have been convicted, adjudicated, awarded deferred adjudication, or referred by a state agency or a court, and licensed in this state to practice as a physician, psychiatrist, psychologist, psychological associate, provisionally licensed psychologist, licensed professional counselor, licensed professional counselor intern, licensed marriage and family therapist, licensed marriage and family associate, licensed clinical social worker, licensed master social worker under a clinical supervision plan approved by the Texas Department of Licensing and Regulation [State Board of Social Worker Examiners], or advanced practice nurse recognized as a psychiatric clinical nurse specialist or psychiatric mental health nurse practitioner, who provides mental health or medical services for rehabilitation of sex offenders.

SECTION 94. Section 411.1105, Government Code, is repealed.

SECTION 95. The following provisions of the Occupations Code are repealed:

(1) Section 502.002(1);

(2) Section 502.003;

(3) Subchapter B, Chapter 502;

(4) Subchapter C, Chapter 502;

(5) Section 502.152;

(6) Section 502.153;

(7) Section 502.154;

(8) Section 502.155;

(9) Section 502.156;

(10) Section 502.1565;

(11) Section 502.158;

(12) Section 502.161;

(13) Section 502.162;

(14) Section 502.163;

(15) Subchapter E, Chapter 502;

(16) Section 502.255;

(17) Section 502.258;

(18) Section 502.260;

(19) Sections 502.301(b), (c), (d), and (e);

(20) Section 502.302;

(21) Section 502.303;

(22) Section 502.352;

(23) Section 502.353;

(24) Section 502.354;

(25) Section 502.355;

(26) Section 502.356;

(27) Subchapter I, Chapter 502;

(28) Section 502.451;

(29) Section 502.452;

(30) Section 502.455;

(31) Section 503.005;

(32) Subchapter C, Chapter 503;

(33) Subchapter D, Chapter 503;

(34) Section 503.202;

(35) Section 503.203;

(36) Section 503.204;

(37) Section 503.2045;

(38) Section 503.205;

(39) Section 503.209;

(40) Section 503.210;

(41) Section 503.211;

(42) Subchapter F, Chapter 503;

(43) Section 503.306;

(44) Section 503.308;

(45) Section 503.312;

(46) Section 503.352;

(47) Section 503.353;

(48) Section 503.354;

(49) Section 503.355;

(50) Section 503.356;

(51) Sections 503.401(c) and (d);

(52) Section 503.402;

(53) Section 503.403;

(54) Section 503.404;

(55) Section 503.405;

(56) Section 503.406;

(57) Section 503.451;

(58) Section 503.454;

(59) Subchapter K, Chapter 503;

(60) Section 504.0515;

(61) Section 504.053;

(62) Section 504.054;

(63) Section 504.056;

(64) Subchapter C, Chapter 504;

(65) Sections 504.157(a) and (b);

(66) Section 504.158(c);

(67) Section 504.160;

(68) Section 504.161;

(69) Section 504.202;

(70) Section 504.203;

(71) Section 504.204;

(72) Section 504.205(a);

(73) Section 504.252;

(74) Section 504.2525;

(75) Section 504.253;

(76) Section 504.254;

(77) Subchapter G, Chapter 504;

(78) Section 505.005;

(79) Subchapter B, Chapter 505;

(80) Subchapter C, Chapter 505;

(81) Section 505.202;

(82) Section 505.203;

(83) Section 505.204;

(84) Section 505.209;

(85) Section 505.210;

(86) Section 505.211;

(87) Subchapter E, Chapter 505;

(88) Section 505.355;

(89) Section 505.357;

(90) Section 505.402;

(91) Section 505.403;

(92) Section 505.404;

(93) Section 505.452;

(94) Section 505.453;

(95) Section 505.455;

(96) Section 505.456;

(97) Section 505.457;

(98) Section 505.501;

(99) Section 505.503;

(100) Section 505.508; and

(101) Subchapter K, Chapter 505.

SECTION 96. (a) A rule or fee of the Department of State Health Services that relates to a program transferred under this Act and that is in effect on the effective date of this Act remains in effect until changed by the Texas Commission of Licensing and Regulation.

(b) A license, registration, or certification issued by the Department of State Health Services relating to a program transferred under this Act is continued in effect as a license, registration, or certification of the Texas Department of Licensing and Regulation after the effective date of this Act.

(c) A complaint, investigation, contested case, or other proceeding before the Department of State Health Services relating to a program transferred under this Act that is pending on the effective date of this Act is transferred without change in status to the Texas Commission of Licensing and Regulation or Texas Department of Licensing and Regulation, as appropriate.

SECTION 97. (a) As soon as practicable after the effective date of this Act, the Department of State Health Services and the Texas Department of Licensing and Regulation shall adopt a transition plan to provide for the orderly transfer of powers, duties, functions, programs, and activities under this Act. The transition plan must provide for each program to be transferred on or before September 1, 2018.

(b) The Department of State Health Services shall provide the Texas Department of Licensing and Regulation with access to any systems or information necessary for the Texas Department of Licensing and Regulation to accept a program transferred under this Act.

(c) On the date specified in the transition plan required under Subsection (a) of this section for the transfer of a particular program to the Texas Department of Licensing and Regulation, if applicable, the existing board associated with the program is abolished.

(d) On the date specified in the transition plan required under Subsection (a) of this section for the transfer of a particular program to the Texas Department of Licensing and Regulation, all full-time equivalent employee positions at the Department of State Health Services that primarily concern the administration or enforcement of the program being transferred become positions at the Texas Department of Licensing and Regulation. The Texas Department of Licensing and Regulation shall post the positions for hiring and, when filling the positions, shall give consideration to, but is not required to hire, an applicant who, immediately before the date of the transfer, was an employee at the Department of State Health Services primarily involved in administering or enforcing the transferred program.

SECTION 98. To the extent of any conflict, this Act prevails over another Act of the 85th Legislature, Regular Session, 2017, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 99. This Act takes effect September 1, 2017.