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A BILL TO BE ENTITLED
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AN ACT
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relating to the conduct that constitutes the practice of |
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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. DEFINITION: PRACTICE OF PSYCHOLOGY. (a) In |
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this chapter: |
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(1) "Practice of psychology" means: |
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(A) the observation, description, diagnosis, |
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evaluation, assessment, interpretation, or treatment of and |
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intervention in human behavior by applying education, training, |
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methods, and procedures for the purpose of: |
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(i) preventing, predicting, treating, |
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remediating, or eliminating: |
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(a) symptomatic, maladaptive, or |
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undesired behavior; |
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(b) emotional, interpersonal, |
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learning, substance use, neuropsychological, cognitive, or |
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behavioral disorders or disabilities, including those that |
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accompany medical problems; or |
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(c) mental illness; |
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(ii) evaluating, assessing, or |
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facilitating, by a license holder 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 word "psychological," "psychologist," or |
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"psychology," the enhancement of individual, group, or |
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organizational effectiveness, including evaluating, assessing, or |
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facilitating: |
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(a) personal effectiveness; |
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(b) adaptive behavior; |
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(c) interpersonal relationships; |
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(d) academic, vocational, and life |
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adjustment; |
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(e) health; or |
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(f) individual, group, or |
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organizational performance; |
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(iii) 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, and biofeedback; or |
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(iv) consulting with others, including |
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other mental health professionals, physicians, school personnel, |
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or 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; or |
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(B) the supervision of an activity or service |
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described by Paragraph (A). |
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(2) "Psychological [section, "psychological] |
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services" means acts or behaviors that are included within the |
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purview of the practice of psychology. |
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(b) A person is engaged in the practice of psychology |
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[within the meaning of this chapter] if the person: |
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(1) when providing or offering to provide |
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psychological services to another in a professional relationship, |
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represents the person to the public by a title or description of |
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services that includes the word "psychological," "psychologist," |
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or "psychology"; |
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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) A person is not engaged in the [The] practice of |
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psychology based solely on the person offering, regardless of |
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whether the person is solicited, advice, counsel, or guidance |
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addressing or affecting the mental, emotional, or behavioral health |
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of another, if the person does not represent that the person is |
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licensed under this chapter or engaged in the delivery of |
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psychological services and does not represent that the advice, |
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counsel, or guidance is psychological in nature, and: |
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(1) the advice, counsel, or guidance is not offered in |
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the context of a professional relationship; |
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(2) if the person is offering the advice, counsel, or |
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guidance in connection with the person's occupation, the primary |
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focus of the occupation is not the delivery of mental, emotional, or |
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behavioral health care services; or |
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(3) the advice, counsel, or guidance is offered |
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through an organized or structured program or peer support service |
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that is designed to support or assist a person with a |
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self-identified goal of changing or improving certain aspects of |
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the person's mental, emotional, or behavioral health [includes
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providing or offering to provide services to an individual or
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group, including providing computerized procedures, that include
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the application of established principles, methods, and procedures
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of describing, explaining, and ameliorating behavior;
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[(2)
addresses normal behavior and involves
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evaluating, preventing, and remediating psychological, emotional,
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mental, interpersonal, learning, and behavioral disorders of
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individuals or groups, as well as the psychological disorders that
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accompany medical problems, organizational structures, stress, and
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health;
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[(3) includes:
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[(A)
using projective techniques,
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neuropsychological testing, counseling, career counseling,
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psychotherapy, hypnosis for health care purposes, hypnotherapy,
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and biofeedback; and
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[(B)
evaluating and treating mental or emotional
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disorders and disabilities by psychological techniques and
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procedures; and
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[(4) is based on:
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[(A)
a systematic body of knowledge and
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principles acquired in an organized program of graduate study; and
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[(B)
the standards of ethics established by the
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profession]. |
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SECTION 2. This Act takes effect September 1, 2017. |
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