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A BILL TO BE ENTITLED
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AN ACT
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relating to defining the practice of psychology. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 501.003, Occupations Code, is amended to |
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read as follows: |
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Sec. 501.003. PRACTICE OF PSYCHOLOGY. (a) In this section, |
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"psychological services" means acts or behaviors that are included |
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within the purview of the practice of psychology. |
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(b) A person is engaged in the practice of psychology within |
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the meaning of this chapter if the person: |
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(1) represents himself or herself to the public by a |
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title or description of services that includes the word |
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"psychological," "psychologist," or "psychology" when providing or |
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offering to provide psychological services to another in a |
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professional relationship; |
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(2) provides or offers to provide psychological |
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services to individuals, groups, organizations, or the public in a |
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professional relationship; |
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(3) is a psychologist or psychological associate |
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employed as described by Section 501.004(a)(1) who offers or |
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provides psychological services, other than lecture services, to |
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the public for consideration separate from the salary that person |
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receives for performing the person's regular duties; or |
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(4) is employed as a psychologist or psychological |
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associate by an organization that sells psychological services, |
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other than lecture services, to the public for consideration. |
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(c) The practice of psychology is defined as: |
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(1) the observation, description, diagnosis, |
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evaluation, assessment, interpretation, or intervention in and |
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treatment of human behavior by applying education, training, |
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methods, and procedures for the purposes of |
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(A) preventing, predicting, treating, |
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remediating or eliminating: |
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(i) symptomatic, maladaptive, or undesired |
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behavior; |
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(ii) emotional, interpersonal, learning, |
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substance use, neuropsychological, cognitive, or behavioral |
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disorders or disability, including those that accompany medical |
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problems; or |
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(iii) mental illness. |
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(B) facilitating the enhancement of individual, |
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group, or organizational effectiveness -including personal |
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effectiveness, adaptive behavior, interpersonal relationships, |
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academic, vocational, and life adjustment, health, and individual, |
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group, or organizational performance, when such facilitation is |
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offered or provided by a licensee or a person who represents the |
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person to the public by a title or description of services that |
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includes the term "psychology," "psychological," or |
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"psychologist." |
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(C) providing psychological, |
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neuropsychological, and psychoeducational evaluation, therapy and |
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remediation as well as counseling, psychoanalysis, psychotherapy, |
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hypnosis, biofeedback, and behavior analysis and therapy; |
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(D) providing professional psychological |
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expertise and services in legal proceedings |
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(E) consulting with others, such as other mental |
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health professionals, physicians, school personnel, or |
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organizations within the scope of the provider's competency and |
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training with respect to services provided for a specific |
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individual. |
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(2) includes the supervision of any of the activities |
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or services listed under paragraph (1) above. |
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(3) does not include the following situations if at |
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least one of the requirements under subsection (A) and all of the |
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requirements under subsection (B) are met: |
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(A) the offering of advice, counsel, or guidance |
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addressing or affecting the mental, emotional, or behavioral health |
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of another individual, whether solicited or unsolicited, when: |
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(i) the advice, counsel, or guidance is not |
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offered in the context of a professional relationship; |
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(ii) the primary focus of the provider's |
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occupation is other than the delivery of mental, emotional, or |
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behavioral health care services and the person is offering the |
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advice, counsel, or guidance ancillary to the person's occupation; |
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or |
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(iii) the advice, counsel, or guidance is |
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offered within the context of an organized or structured program or |
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peer support service that is designed to support or assist |
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individuals with a self-identified goal of changing or improving |
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certain aspects of their mental, emotional, or behavioral health; |
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and |
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(B) the individual offering the advice, counsel, |
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or guidance does not represent: |
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(i) himself or herself to be a licensee of |
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the Board, or that he or she is otherwise engaged in the delivery of |
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psychological services; and |
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(ii) the advice, counsel, or guidance as |
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being psychological in nature. |
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[(a)
In this section, "psychological services" means acts
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or behaviors that are included within the purview of the practice of
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psychology.
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(b)
A person is engaged in the practice of psychology within
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the meaning of this chapter if the person:
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(1)
represents the person to the public by a title or
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description of services that includes the word "psychological,"
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"psychologist," or "psychology";
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(2)
provides or offers to provide psychological services to
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individuals, groups, organizations, or the public;
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(3)
is a psychologist or psychological associate employed
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as described by Section 501.004(a)(1) who offers or provides
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psychological services, other than lecture services, to the public
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for consideration separate from the salary that person receives for
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performing the person's regular duties; or
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(4)
is employed as a psychologist or psychological
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associate by an organization that sells psychological services,
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other than lecture services, to the public for consideration.
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(c) The practice of psychology:
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(1)
includes providing or offering to provide services to an
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individual or group, including providing computerized procedures,
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that include the application of established principles, methods,
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and procedures of describing, explaining, and ameliorating
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behavior;
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(2)
addresses normal behavior and involves evaluating,
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preventing, and remediating psychological, emotional, mental,
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interpersonal, learning, and behavioral disorders of individuals
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or groups, as well as the psychological disorders that accompany
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medical problems, organizational structures, stress, and health;
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(3) includes:
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(A)
using projective techniques, neuropsychological
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testing, counseling, career counseling, psychotherapy, hypnosis
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for health care purposes, hypnotherapy, and biofeedback; and
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(B)
evaluating and treating mental or emotional disorders
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and disabilities by psychological techniques and procedures; and
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(4) is based on:
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(A)
a systematic body of knowledge and principles acquired
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in an organized program of graduate study; and
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(B) the standards of ethics established by the profession.] |
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SECTION 7. This Act takes effect September 1, 2017. |