86R5512 MAW-D
 
  By: Nevárez H.B. No. 1501
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Texas Behavioral Health Executive
  Council and to the continuation and transfer of the regulation of
  psychologists, marriage and family therapists, professional
  counselors, and social workers to the Texas Behavioral Health
  Executive Council; providing civil and administrative penalties;
  authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. CREATION OF THE TEXAS BEHAVIORAL HEALTH EXECUTIVE
  COUNCIL
         SECTION 1.001.  Subtitle I, Title 3, Occupations Code, is
  amended by adding Chapter 507 to read as follows:
  CHAPTER 507. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 507.001.  DEFINITIONS. In this chapter:
               (1)  "Executive council" means the Texas Behavioral
  Health Executive Council.
               (2)  "License" means a license, certification,
  registration, or other authorization that is issued by the
  executive council.
               (3)  "Marriage and family therapy board" means the
  Texas State Board of Examiners of Marriage and Family Therapists.
               (4)  "Professional counseling board" means the Texas
  State Board of Examiners of Professional Counselors.
               (5)  "Psychology board" means the Texas State Board of
  Examiners of Psychologists.
               (6)  "Social work board" means the Texas State Board of
  Social Worker Examiners.
         Sec. 507.002.  APPLICATION OF SUNSET ACT. The Texas
  Behavioral Health Executive Council is subject to Chapter 325,
  Government Code (Texas Sunset Act). Unless continued in existence
  as provided by that chapter, the executive council is abolished and
  this chapter and Chapters 501, 502, 503, and 505 expire September 1,
  2031.
  SUBCHAPTER B. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
         Sec. 507.051.  EXECUTIVE COUNCIL MEMBERSHIP. (a) The Texas
  Behavioral Health Executive Council consists of nine members as
  follows:
               (1)  one marriage and family therapist member and one
  public member of the marriage and family therapy board, each
  appointed by that board;
               (2)  one licensed professional counselor member and one
  public member of the professional counseling board, each appointed
  by that board;
               (3)  one psychologist or psychological associate
  member and one public member of the psychology board, each
  appointed by that board;
               (4)  one social worker member and one public member of
  the social work board, each appointed by that board; and
               (5)  one public member appointed by the governor.
         (b)  Appointments to the executive council shall be made
  without regard to the race, color, disability, sex, age, religion,
  or national origin of the appointee.
         Sec. 507.052.  ELIGIBILITY OF PUBLIC MEMBER APPOINTED BY
  GOVERNOR. A person is not eligible for appointment by the governor
  as a public member of the executive council if the person or the
  person's spouse:
               (1)  is registered, certified, or licensed by an
  occupational regulatory agency in the field of health care;
               (2)  is employed by or participates in the management
  of a business entity or other organization regulated by or
  receiving money from the executive council, the marriage and family
  therapy board, the professional counseling board, the psychology
  board, or the social work board;
               (3)  owns or controls, directly or indirectly, more
  than a 10 percent interest in a business entity or other
  organization regulated by or receiving money from the executive
  council, the marriage and family therapy board, the professional
  counseling board, the psychology board, or the social work board;
  or
               (4)  uses or receives a substantial amount of tangible
  goods, services, or money from the executive council, the marriage
  and family therapy board, the professional counseling board, the
  psychology board, or the social work board, other than compensation
  or reimbursement authorized by law for executive council, marriage
  and family therapy board, professional counseling board,
  psychology board, or social work board membership, attendance, or
  expenses.
         Sec. 507.053.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
  In this section, "Texas trade association" means a cooperative and
  voluntarily joined statewide association of business or
  professional competitors in this state designed to assist its
  members and its industry or profession in dealing with mutual
  business or professional problems and in promoting their common
  interest.
         (b)  A person may not be a member of the executive council and
  may not be an executive council employee employed in a "bona fide
  executive, administrative, or professional capacity," as that
  phrase is used for purposes of establishing an exemption to the
  overtime provisions of the federal Fair Labor Standards Act of 1938
  (29 U.S.C. Section 201 et seq.) if:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in the field of health care;
  or
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas trade association in the field of health care.
         (c)  A person may not be a member of the executive council or
  act as the general counsel to the executive council if the person is
  required to register as a lobbyist under Chapter 305, Government
  Code, because of the person's activities for compensation on behalf
  of a profession related to the operation of the executive council,
  the marriage and family therapy board, the professional counseling
  board, the psychology board, or the social work board.
         Sec. 507.054.  TERMS; VACANCY. (a) The member appointed by
  the governor serves a six-year term. The remaining members serve
  two-year terms with the terms of four of those members expiring
  February 1 of each year.
         (b)  A member appointed to fill a vacancy holds office for
  the unexpired portion of the term.
         Sec. 507.055.  PRESIDING OFFICER. The member appointed by
  the governor is the presiding officer of the executive council.
         Sec. 507.056.  GROUNDS FOR REMOVAL. (a) It is a ground for
  removal from the executive council that a member:
               (1)  does not have at the time of taking office the
  qualifications required by Section 507.051;
               (2)  does not maintain during service on the executive
  council the qualifications required by Section 507.051;
               (3)  is ineligible for membership under Section 507.052
  or 507.053;
               (4)  cannot, because of illness or disability,
  discharge the member's duties for a substantial part of the member's
  term; or
               (5)  is absent from more than half of the regularly
  scheduled executive council meetings that the member is eligible to
  attend during a calendar year without an excuse approved by a
  majority vote of the executive council.
         (b)  The validity of an action of the executive council is
  not affected by the fact that it is taken when a ground for removal
  of an executive council member exists.
         (c)  If the executive director has knowledge that a potential
  ground for removal exists, the executive director shall notify the
  presiding officer of the executive council of the potential ground.
  The presiding officer shall then notify the appointing authority
  and the attorney general that a potential ground for removal
  exists. If the potential ground for removal involves the presiding
  officer, the executive director shall notify the next highest
  ranking officer of the executive council, who shall then notify the
  appointing authority and the attorney general that a potential
  ground for removal exists.
         Sec. 507.057.  REIMBURSEMENT. A member of the executive
  council may receive reimbursement for travel expenses as provided
  by the General Appropriations Act.
         Sec. 507.058.  MEETINGS. (a) The executive council shall
  hold at least two regular meetings each year.
         (b)  The executive council may hold additional meetings on
  the request of the presiding officer or on the written request of
  three members of the executive council.
         Sec. 507.059.  TRAINING. (a) A person who is appointed to
  and qualifies for office as a member of the executive council may
  not vote, deliberate, or be counted as a member in attendance at a
  meeting of the executive council until the person completes a
  training program that complies with this section.
         (b)  The training program must provide the person with
  information regarding:
               (1)  the law governing executive council operations;
               (2)  the programs, functions, rules, and budget of the
  executive council;
               (3)  the scope of and limitations on the rulemaking
  authority of the executive council;
               (4)  the results of the most recent formal audit of the
  executive council;
               (5)  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing conflicts of
  interest; and
                     (B)  other laws applicable to members of the
  executive council in performing their duties; and
               (6)  any applicable ethics policies adopted by the
  executive council or the Texas Ethics Commission.
         (c)  A person appointed to the executive council is entitled
  to reimbursement, as provided by the General Appropriations Act,
  for the travel expenses incurred in attending the training program
  regardless of whether the attendance at the program occurs before
  or after the person qualifies for office.
         (d)  The executive director of the executive council shall
  create a training manual that includes the information required by
  Subsection (b). The executive director shall distribute a copy of
  the training manual annually to each executive council member. On
  receipt of the training manual, each executive council member shall
  sign and submit to the executive director a statement acknowledging
  receipt of the training manual.
  SUBCHAPTER C. EXECUTIVE DIRECTOR AND OTHER PERSONNEL
         Sec. 507.101.  EXECUTIVE DIRECTOR; PERSONNEL. The executive
  council shall employ an executive director and other personnel as
  necessary to administer this chapter and carry out the functions of
  the executive council.
         Sec. 507.102.  DIVISION OF RESPONSIBILITIES. The executive
  council shall develop and implement policies that clearly separate
  the policymaking responsibilities of the executive council and the
  management responsibilities of the executive director and the staff
  of the executive council.
         Sec. 507.103.  CAREER LADDER PROGRAM; PERFORMANCE
  EVALUATIONS. (a) The executive director or the executive
  director's designee shall develop an intra-agency career ladder
  program. The program must require intra-agency posting of all
  nonentry level positions concurrently with any public posting.
         (b)  The executive director or the executive director's
  designee shall develop a system of annual performance evaluations
  based on measurable job tasks. All merit pay for executive council
  employees must be based on the system established under this
  subsection.
         Sec. 507.104.  EQUAL OPPORTUNITY POLICY; REPORT. (a) The
  executive director or the executive director's designee shall
  prepare and maintain a written policy statement to ensure
  implementation of an equal opportunity program under which all
  personnel transactions are made without regard to race, color,
  disability, sex, age, religion, or national origin. The policy
  statement must include:
               (1)  personnel policies, including policies relating
  to recruitment, evaluation, selection, appointment, training, and
  promotion of personnel, that are in compliance with the
  requirements of Chapter 21, Labor Code;
               (2)  a comprehensive analysis of the executive council
  workforce that meets federal and state guidelines;
               (3)  procedures by which a determination can be made of
  significant underuse in the executive council workforce of all
  persons for whom federal or state guidelines encourage a more
  equitable balance; and
               (4)  reasonable methods to appropriately address those
  areas of significant underuse.
         (b)  A policy statement prepared under Subsection (a) must:
               (1)  cover an annual period;
               (2)  be updated annually;
               (3)  be reviewed by the Texas Workforce Commission for
  compliance with Subsection (a)(1); and
               (4)  be filed with the governor.
         (c)  The governor shall deliver a biennial report to the
  legislature based on information received under Subsection (b).
  The report may be made separately or as part of other biennial
  reports made to the legislature.
  SUBCHAPTER D. POWERS AND DUTIES
         Sec. 507.151.  GENERAL POWERS AND DUTIES. The executive
  council shall administer and enforce this chapter and Chapters 501,
  502, 503, and 505.
         Sec. 507.152.  GENERAL RULEMAKING AUTHORITY. The executive
  council shall adopt rules as necessary to perform its duties and
  implement this chapter.
         Sec. 507.153.  LIMITATION REGARDING CERTAIN RULES. (a)
  Unless the rule has been proposed by the applicable board for the
  profession, the executive council may not adopt:
               (1)  a rule regarding:
                     (A)  the qualifications necessary to obtain a
  license, including limiting an applicant's eligibility for a
  license based on the applicant's criminal history;
                     (B)  the scope of practice of and standards of
  care and ethical practice for the profession; or
                     (C)  continuing education requirements for
  license holders; or
               (2)  a schedule of sanctions for violations of the laws
  and rules applicable to the profession.
         (b)  For each rule proposed under Subsection (a), the
  executive council shall either adopt the rule as proposed or return
  the rule to the applicable board for revision. On the return of a
  rule under this subsection, the executive council shall include an
  explanation of the executive council's reasons for not adopting the
  rule as proposed.
         (c)  The executive council retains authority for final
  adoption of all rules and is responsible for ensuring compliance
  with all laws regarding the rulemaking process.
         (d)  The executive council shall adopt rules prescribing the
  procedure by which rules described by Subsection (a) may be
  proposed to the executive council.
         Sec. 507.154.  FEES. The executive council shall set fees in
  amounts reasonable and necessary to cover the costs of
  administering this chapter and Chapters 501, 502, 503, and 505,
  including fees for:
               (1)  licenses issued by the executive council;
               (2)  license renewals and late renewals;
               (3)  examinations; and
               (4)  any other program or activity administered by the
  executive council for which a fee is authorized.
         Sec. 507.155.  RULES RESTRICTING ADVERTISING OR COMPETITIVE
  BIDDING. (a) The executive council may not adopt rules restricting
  advertising or competitive bidding by a person regulated by the
  executive council except to prohibit false, misleading, or
  deceptive practices.
         (b)  The executive council may not include in rules to
  prohibit false, misleading, or deceptive practices by a person
  regulated by the executive council a rule that:
               (1)  restricts the person's use of any advertising
  medium;
               (2)  restricts the person's personal appearance or use
  of the person's voice in an advertisement;
               (3)  relates to the size or duration of an
  advertisement by the person; or
               (4)  restricts the use of a trade name in advertising by
  the person.
         Sec. 507.156.  RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.
  The executive council shall adopt rules and guidelines as necessary
  to comply with Chapter 53.
         Sec. 507.157.  CONTINUING EDUCATION. The executive council
  shall recognize, prepare, or administer continuing education
  programs for license holders. A license holder must participate in
  the programs to the extent required by the executive council to keep
  the person's license.
         Sec. 507.158.  USE OF TECHNOLOGY. The executive council
  shall implement a policy requiring the executive council to use
  appropriate technological solutions to improve the executive
  council's ability to perform its functions. The policy must ensure
  that the public is able to interact with the executive council on
  the Internet.
         Sec. 507.159.  NEGOTIATED RULEMAKING AND ALTERNATIVE
  DISPUTE RESOLUTION POLICY. (a) The executive council shall
  develop a policy to encourage the use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008, Government Code, for the adoption of executive council rules;
  and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009, Government Code, to assist in the
  resolution of internal and external disputes under the executive
  council's jurisdiction.
         (b)  The executive council's procedures relating to
  alternative dispute resolution must conform, to the extent
  possible, to any model guidelines issued by the State Office of
  Administrative Hearings for the use of alternative dispute
  resolution by state agencies.
         (c)  The executive council shall:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  provide training as needed to implement the
  procedures for negotiated rulemaking and alternative dispute
  resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures.
         Sec. 507.160.  ANNUAL REGISTRY. (a) The executive council
  shall annually prepare a registry of all license holders.
         (b)  The executive council shall make the registry available
  to the public, license holders, and other state agencies.
  SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
         Sec. 507.201.  PUBLIC INTEREST INFORMATION. (a) The
  executive council shall prepare information of public interest
  describing the functions of the executive council and the
  procedures by which complaints are filed with and resolved by the
  executive council.
         (b)  The executive council shall make the information
  available to the public and appropriate state agencies.
         Sec. 507.202.  COMPLAINTS. (a) The executive council by
  rule shall establish methods by which consumers and service
  recipients are notified of the name, mailing address, and telephone
  number of the executive council for the purpose of directing
  complaints to the executive council. The executive council may
  provide for that notice:
               (1)  on each registration form, application, or written
  contract for services of a person regulated by the executive
  council;
               (2)  on a sign prominently displayed in the place of
  business of a person regulated by the executive council; or
               (3)  in a bill for services provided by a person
  regulated by the executive council.
         (b)  The executive council shall list with its regular
  telephone number any toll-free telephone number established under
  other state law that may be called to present a complaint about a
  person regulated by the executive council.
         Sec. 507.203.  INFORMATION ABOUT COMPLAINT ACTIONS. (a)
  The executive council shall maintain a system to promptly and
  efficiently act on complaints filed with the executive council.
  The executive council shall maintain information about parties to
  the complaint, the subject matter of the complaint, a summary of the
  results of the review or investigation of the complaint, and its
  disposition.
         (b)  The executive council shall make information available
  describing its procedures for complaint investigation and
  resolution.
         (c)  The executive council shall periodically notify the
  parties to a complaint of the status of the complaint until final
  disposition of the complaint.
         Sec. 507.204.  GENERAL RULES REGARDING COMPLAINT
  INVESTIGATION. (a) The executive council shall adopt rules
  concerning the investigation of a complaint filed with the
  executive council. The rules adopted under this section must:
               (1)  distinguish between categories of complaints;
               (2)  ensure that a complaint is not dismissed without
  appropriate consideration;
               (3)  require that the executive council be advised of a
  complaint that is dismissed and that a letter be sent to the person
  who filed the complaint explaining the action taken on the
  complaint;
               (4)  ensure that the person who files a complaint has an
  opportunity to explain the allegations made in the complaint; and
               (5)  prescribe guidelines concerning the categories of
  complaints that require the use of a private investigator and
  prescribe the procedures for the executive council to obtain the
  services of a private investigator.
         (b)  The executive council shall:
               (1)  dispose of a complaint in a timely manner; and
               (2)  establish a schedule for conducting each phase of
  the disposition of a complaint that is under the control of the
  executive council not later than the 30th day after the date the
  executive council receives the complaint.
         (c)  The executive council shall notify the parties to a
  complaint of the projected time requirements for pursuing the
  complaint.
         (d)  The executive council shall notify the parties to a
  complaint of any change in the schedule not later than the seventh
  day after the date the change is made.
         (e)  The executive director shall notify the executive
  council of a complaint that is unresolved after the time prescribed
  by the executive council for resolving the complaint so that the
  executive council may take necessary action on the complaint.
         (f)  The executive council shall assign priorities and
  investigate complaints based on:
               (1)  the severity of the conduct alleged in the
  complaint; and
               (2)  the degree of harm to public health and safety.
         Sec. 507.205.  CONFIDENTIALITY OF COMPLAINT INFORMATION.
  (a) Except as provided by Subsection (b), a complaint and
  investigation and all information and materials compiled by the
  executive council in connection with the complaint and
  investigation are not subject to:
               (1)  disclosure under Chapter 552, Government Code; or
               (2)  disclosure, discovery, subpoena, or other means of
  legal compulsion for release of information to any person.
         (b)  A complaint or investigation subject to Subsection (a)
  and all information and materials compiled by the executive council
  in connection with the complaint may be disclosed to:
               (1)  the executive council and executive council
  employees or agents involved in license holder discipline;
               (2)  a party to a disciplinary action against the
  license holder or that party's designated representative;
               (3)  a law enforcement agency;
               (4)  a governmental agency, if:
                     (A)  the disclosure is required or permitted by
  law; and
                     (B)  the agency obtaining the disclosure protects
  the identity of any patient whose records are examined; or
               (5)  a person engaged in bona fide research, if all
  information identifying a specific individual has been deleted.
         (c)  Unless good cause for delay is shown to the presiding
  officer at the hearing, the executive council shall provide the
  license holder with access to all information that the executive
  council intends to offer into evidence at the hearing not later than
  the 30th day after the date the executive council receives a written
  request from a license holder who is entitled to a hearing under
  this chapter or from the license holder's attorney of record.
         (d)  The executive council shall protect the identity of any
  patient whose records are examined in connection with a
  disciplinary investigation or proceeding against a license holder,
  except a patient who:
               (1)  initiates the disciplinary action; or
               (2)  has submitted a written consent to release the
  records.
         Sec. 507.206.  SUBPOENAS. (a) In the investigation of a
  complaint filed with the executive council, the executive director
  or presiding officer of the executive council may issue a subpoena
  to compel the attendance of a relevant witness or the production,
  for inspection or copying, of relevant evidence that is in this
  state.
         (b)  A subpoena may be served personally or by certified
  mail.
         (c)  If a person fails to comply with a subpoena, the
  executive council, acting through the attorney general, may file
  suit to enforce the subpoena in a district court in Travis County or
  in the county in which a hearing conducted by the executive council
  may be held.
         (d)  On finding that good cause exists for issuing the
  subpoena, the court shall order the person to comply with the
  subpoena. The court may punish a person who fails to obey the court
  order.
         (e)  The executive council shall pay a reasonable fee for
  photocopies subpoenaed under this section in an amount not to
  exceed the amount the executive council may charge for copies of its
  records.
         (f)  The reimbursement of the expenses of a witness whose
  attendance is compelled under this section is governed by Section
  2001.103, Government Code.
         (g)  Information and materials subpoenaed or compiled by the
  executive council in connection with the investigation of a
  complaint may be disclosed only as provided by Section 507.205.
         Sec. 507.207.  PUBLIC PARTICIPATION. The executive council
  shall develop and implement policies that provide the public with a
  reasonable opportunity to appear before the executive council and
  to speak on any issue under the jurisdiction of the executive
  council.
  SUBCHAPTER F. GENERAL LICENSING PROVISIONS
         Sec. 507.251.  CRIMINAL HISTORY RECORD INFORMATION FOR
  LICENSE ISSUANCE. (a) The executive council shall require that an
  applicant for a license submit a complete and legible set of
  fingerprints, on a form prescribed by the executive council, to the
  executive council or to the Department of Public Safety for the
  purpose of obtaining criminal history record information from the
  Department of Public Safety and the Federal Bureau of
  Investigation.
         (b)  The executive council may not issue a license to a
  person who does not comply with the requirement of Subsection (a).
         (c)  The executive council shall conduct a criminal history
  record information check of each applicant for a license using
  information:
               (1)  provided by the individual under this section; and
               (2)  made available to the executive council by the
  Department of Public Safety, the Federal Bureau of Investigation,
  and any other criminal justice agency under Chapter 411, Government
  Code.
         (d)  The executive council may:
               (1)  enter into an agreement with the Department of
  Public Safety to administer a criminal history record information
  check required under this section; and
               (2)  authorize the Department of Public Safety to
  collect from each applicant the costs incurred by the Department of
  Public Safety in conducting the criminal history record information
  check.
         Sec. 507.252.  EXAMINATION RESULTS. (a) The executive
  council shall notify each examinee of the results of an examination
  not later than the 30th day after the date the examination is
  administered. If an examination is graded or reviewed by a national
  testing service, the executive council shall notify each examinee
  of the results of the examination not later than the 14th day after
  the date the executive council receives the results from the
  testing service.
         (b)  If the notice of examination results graded or reviewed
  by a national testing service will be delayed for longer than 90
  days after the examination date, the executive council shall notify
  each examinee of the reason for the delay before the 90th day.
         (c)  If requested in writing by a person who fails an
  examination, the executive council shall provide to the person an
  analysis of the person's performance on the examination.
         Sec. 507.253.  REEXAMINATION. The executive council by rule
  shall establish:
               (1)  a limit on the number of times an applicant for a
  license who fails an examination may retake the examination; and
               (2)  the requirements for retaking an examination.
         Sec. 507.254.  LICENSE RENEWAL. (a) A person who is
  otherwise eligible to renew a license may renew an unexpired
  license by paying the required renewal fee to the executive council
  before the expiration date of the license.
         (b)  If the person's license has been expired for 90 days or
  less, the person may renew the license by paying to the executive
  council a fee in an amount equal to one and one-half times the
  required renewal fee.
         (c)  If the person's license has been expired for more than
  90 days but less than one year, the person may renew the license by
  paying to the executive council a fee in an amount equal to two
  times the required renewal fee.
         (d)  If the person's license has been expired for one year or
  more, the person may not renew the license. The person may obtain a
  new license by submitting to reexamination and complying with the
  requirements and procedures for obtaining an original license.
         Sec. 507.255.  RENEWAL OF EXPIRED LICENSE OF OUT-OF-STATE
  PRACTITIONER. (a) The executive council may renew without
  reexamination an expired license of a person who was licensed in
  this state, moved to another state, and is currently licensed and
  has been in practice in the other state for the two years preceding
  the date the person applies for renewal.
         (b)  The person must pay to the executive council a fee in an
  amount equal to two times the required renewal fee for the license.
         Sec. 507.256.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a
  license issued under this chapter shall submit a complete and
  legible set of fingerprints for purposes of performing a criminal
  history record information check of the applicant as provided by
  Section 507.251.
         (b)  The executive council may administratively suspend or
  refuse to renew the license of a person who does not comply with the
  requirement of Subsection (a).
         (c)  A license holder is not required to submit fingerprints
  under this section for the renewal of a license if the license
  holder has previously submitted fingerprints under:
               (1)  Section 507.251 for the initial issuance of the
  license; or
               (2)  this section as part of a prior license renewal.
         Sec. 507.257.  SEARCH OF NATIONAL PRACTITIONER DATABASE.
  The executive council shall establish a process to search at least
  one national practitioner database to determine whether another
  state has taken any disciplinary or other legal action against an
  applicant or license holder before issuing an initial or renewal
  license.
  SUBCHAPTER G. DISCIPLINARY ACTIONS AND PROCEDURES
         Sec. 507.301.  DISCIPLINARY ACTIONS. (a) The executive
  council may deny, revoke, suspend, or refuse to renew a license or
  may reprimand a license holder if the applicant or license holder
  violates:
               (1)  this chapter;
               (2)  a law of this state regulating the license holder's
  profession;
               (3)  an executive council rule; or
               (4)  a statute or rule of another state as determined
  through a search conducted as provided by Section 507.257 if the
  violation would constitute a violation described by Subdivision
  (1), (2), or (3) had it occurred in this state.
         (b)  The executive council may place on probation a person
  whose license is suspended. If a license suspension is probated,
  the executive council may require the person to:
               (1)  report regularly to the executive council on
  matters that are the basis of the probation;
               (2)  limit the person's practice to the areas
  prescribed by the executive council; or
               (3)  continue or review continuing professional
  education until the person attains a degree of skill satisfactory
  to the executive council in those areas that are the basis for the
  probation.
         Sec. 507.302.  TEMPORARY SUSPENSION. (a) The executive
  council or a three-member committee of executive council members
  designated by the executive council shall temporarily suspend the
  license of a license holder if the executive council or committee
  determines from the evidence or information presented to it that
  continued practice by the license holder would constitute a
  continuing and imminent threat to the public welfare.
         (b)  A license may be suspended under this section without
  notice or hearing on the complaint if:
               (1)  action is taken to initiate proceedings for a
  hearing before the State Office of Administrative Hearings
  simultaneously with the temporary suspension; and
               (2)  a hearing is held as soon as practicable under this
  chapter and Chapter 2001, Government Code.
         (c)  The State Office of Administrative Hearings shall hold a
  preliminary hearing not later than the 14th day after the date of
  the temporary suspension to determine if there is probable cause to
  believe that a continuing and imminent threat to the public welfare
  still exists. A final hearing on the matter shall be held not later
  than the 61st day after the date of the temporary suspension.
         Sec. 507.303.  HEARING; ADMINISTRATIVE PROCEDURE. (a) A
  license holder is entitled to a hearing before the State Office of
  Administrative Hearings before a sanction is imposed under this
  subchapter.
         (b)  A proceeding under this subchapter is governed by
  Chapter 2001, Government Code.
         Sec. 507.304.  SCHEDULE OF SANCTIONS. (a) The executive
  council by rule shall adopt a broad schedule of sanctions.
         (b)  The State Office of Administrative Hearings shall use
  the schedule for any sanction imposed under this subchapter as the
  result of a hearing conducted by that office.
         Sec. 507.305.  INFORMAL PROCEEDINGS. (a) The executive
  council by rule shall adopt procedures governing:
               (1)  informal disposition of a contested case under
  Section 2001.056, Government Code; and
               (2)  an informal proceeding held in compliance with
  Section 2001.054, Government Code.
         (b)  Rules adopted under this section must:
               (1)  provide the complainant and the license holder
  with an opportunity to be heard; and
               (2)  require the presence of a member of the executive
  council's legal staff or an attorney employed by the attorney
  general to advise the executive council or the executive council's
  employees.
         Sec. 507.306.  ASSISTANCE IN DISCIPLINARY PROCEEDINGS. The
  executive council shall adopt rules establishing the manner in
  which the executive council will solicit input from and request the
  assistance of the applicable board for a profession regulated by
  the executive council, regarding a disciplinary proceeding before
  the executive council involving an issue or complaint related to
  standards of care or ethical practice.
  SUBCHAPTER H. ADMINISTRATIVE PENALTY
         Sec. 507.351.  IMPOSITION OF ADMINISTRATIVE PENALTY. The
  executive council may impose an administrative penalty on a person
  licensed or regulated by the executive council if the person
  violates this chapter, a law regulating the applicable profession,
  or an executive council rule.
         Sec. 507.352.  AMOUNT OF PENALTY. (a) The amount of an
  administrative penalty may not exceed $5,000 for each violation.
  Each day a violation continues or occurs is a separate violation for
  purposes of imposing a penalty.
         (b)  The amount of the penalty must be based on:
               (1)  the seriousness of the violation, including:
                     (A)  the nature, circumstances, extent, and
  gravity of any prohibited act; and
                     (B)  the hazard or potential hazard created to the
  health, safety, or economic welfare of the public;
               (2)  the economic harm to property or the environment
  caused by the violation;
               (3)  the history of previous violations;
               (4)  the amount necessary to deter a future violation;
               (5)  efforts made to correct the violation; and
               (6)  any other matter that justice may require.
         Sec. 507.353.  NOTICE OF VIOLATION AND PENALTY. If the
  executive council determines that a violation occurred, the
  executive council shall give written notice of the violation to the
  person alleged to have committed the violation. The notice may be
  given by certified mail. The notice must:
               (1)  include a brief summary of the alleged violation;
               (2)  state the amount of the administrative penalty
  recommended by the executive council; and
               (3)  inform the person of the person's right to a
  hearing on the occurrence of the violation, the amount of the
  penalty, or both.
         Sec. 507.354.  PENALTY TO BE PAID OR HEARING REQUESTED. (a)
  Not later than the 20th day after the date the person receives the
  notice under Section 507.353, the person may in writing:
               (1)  accept the executive council's determination and
  recommended administrative penalty; or
               (2)  request a hearing on the occurrence of the
  violation, the amount of the penalty, or both.
         (b)  If the person accepts the executive council's
  determination and recommended penalty, the executive council shall
  issue an order and impose the recommended penalty.
         Sec. 507.355.  HEARING. (a) If the person requests a
  hearing or fails to respond in a timely manner to the notice under
  Section 507.353, the executive council shall set a hearing and give
  written notice of the hearing to the person.
         (b)  An administrative law judge of the State Office of
  Administrative Hearings shall hold the hearing.
         (c)  The administrative law judge shall make findings of fact
  and conclusions of law and promptly issue to the executive council a
  proposal for a decision as to the occurrence of the violation and
  the amount of any proposed administrative penalty.
         Sec. 507.356.  DECISION BY EXECUTIVE COUNCIL. (a) Based on
  the findings of fact, conclusions of law, and proposal for a
  decision, the executive council by order may determine that:
               (1)  a violation occurred and impose an administrative
  penalty; or
               (2)  a violation did not occur.
         (b)  The executive council shall give notice of the order to
  the person. The notice must include a statement of the right of the
  person to judicial review of the order.
         Sec. 507.357.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
  (a) Not later than the 30th day after the date the executive
  council's order becomes final, the person shall:
               (1)  pay the administrative penalty; or
               (2)  file a petition for judicial review contesting the
  occurrence of the violation, the amount of the penalty, or both.
         (b)  Within the 30-day period prescribed by Subsection (a), a
  person who files a petition for judicial review may:
               (1)  stay enforcement of the penalty by:
                     (A)  paying the penalty to the court for placement
  in an escrow account; or
                     (B)  giving to the court a supersedeas bond
  approved by the court that is:
                           (i)  for the amount of the penalty; and
                           (ii)  effective until judicial review of the
  executive council's order is final; or
               (2)  request the court to stay enforcement of the
  penalty by:
                     (A)  filing with the court a sworn affidavit of
  the person stating that the person is financially unable to pay the
  penalty and is financially unable to give the supersedeas bond; and
                     (B)  giving a copy of the affidavit to the
  executive council by certified mail.
         (c)  If the executive council receives a copy of an affidavit
  under Subsection (b)(2), the executive council may file with the
  court a contest to the affidavit not later than the fifth day after
  the date the copy is received.
         (d)  The court shall hold a hearing on the facts alleged in
  the affidavit as soon as practicable and shall stay the enforcement
  of the penalty on finding that the alleged facts are true. The
  person who files the affidavit has the burden of proving that the
  person is financially unable to pay the penalty or to give a
  supersedeas bond.
         Sec. 507.358.  COLLECTION OF PENALTY. If the person does not
  pay the administrative penalty and enforcement of the penalty is
  not stayed, the executive council may refer the matter to the
  attorney general for collection of the penalty.
         Sec. 507.359.  DETERMINATION BY COURT. (a) If the court
  sustains the determination that a violation has occurred, the court
  may uphold or reduce the amount of the administrative penalty and
  order the person to pay the full or reduced amount of the penalty.
         (b)  If the court does not sustain the determination that a
  violation occurred, the court shall order that a penalty is not
  owed.
         Sec. 507.360.  REMITTANCE OF PENALTY AND INTEREST. (a) If,
  after judicial review, the administrative penalty is reduced or not
  imposed by the court, the court shall, after the judgment becomes
  final:
               (1)  order that the appropriate amount, plus accrued
  interest, be remitted to the person if the person paid the penalty;
  or
               (2)  order the release of the bond:
                     (A)  if the person gave a supersedeas bond and the
  penalty is not imposed; or
                     (B)  after the person pays the penalty if the
  person gave a supersedeas bond and the penalty is reduced.
         (b)  The interest paid under Subsection (a)(1) is the rate
  charged on loans to depository institutions by the New York Federal
  Reserve Bank. The interest shall be paid for the period beginning
  on the date the penalty is paid and ending on the date the penalty is
  remitted.
         Sec. 507.361.  ADMINISTRATIVE PROCEDURE. A proceeding under
  this subchapter is subject to Chapter 2001, Government Code.
  SUBCHAPTER I. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
         Sec. 507.401.  INJUNCTION. (a) In addition to any other
  action authorized by law, the executive council may institute an
  action to enjoin a violation of this chapter, a law regulating the
  applicable profession, or an executive council rule.
         (b)  An action filed under this section must be filed in
  Travis County, the county of the defendant's residence, or the
  county in which any part of the violation occurred.
         (c)  The attorney general or the appropriate county or
  district attorney shall represent the executive council in an
  action under this section.
         Sec. 507.402.  CIVIL PENALTY. (a) A person who violates
  this chapter, a law regulating the applicable profession, or an
  executive council rule is liable to the state for a civil penalty
  not to exceed $1,000 for each day of violation.
         (b)  At the request of the executive council, the attorney
  general shall bring an action to recover a civil penalty authorized
  under this section.
         Sec. 507.403.  CEASE AND DESIST ORDER. (a) If it appears to
  the executive council that an unlicensed person is violating this
  chapter, a law regulating the applicable profession, or an
  executive council rule, the executive council, after notice and
  opportunity for a hearing, may issue a cease and desist order
  prohibiting the person from engaging in the activity.
         (b)  A violation of an order under this section constitutes
  grounds for imposing an administrative penalty under Subchapter H.
         Sec. 507.404.  MONITORING OF LICENSE HOLDER. The executive
  council by rule shall develop a system to monitor a license holder's
  compliance with applicable laws and executive council rules. Rules
  adopted under this section must include procedures to:
               (1)  monitor for compliance a license holder who is
  ordered by the executive council to perform certain acts; and
               (2)  identify and monitor each license holder who
  represents a risk to the public.
  ARTICLE 2. TRANSFER OF LICENSING PROGRAMS TO TEXAS BEHAVIORAL
  HEALTH EXECUTIVE COUNCIL
         SECTION 2.001.  Section 501.002, Occupations Code, is
  amended by adding Subdivision (1-a) to read as follows:
               (1-a) "Executive council" means the Texas Behavioral
  Health Executive Council.
         SECTION 2.002.  The heading to Section 501.053, Occupations
  Code, is amended to read as follows:
         Sec. 501.053.  MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
         SECTION 2.003.  Sections 501.053(b) and (c), Occupations
  Code, are amended to read as follows:
         (b)  A person may not be a member of the board [and may not be
  a board employee employed in a "bona fide executive,
  administrative, or professional capacity," as that phrase is used
  for purposes of establishing an exemption to the overtime
  provisions of the federal Fair Labor Standards Act of 1938 (29
  U.S.C. Section 201 et seq.)] if:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in the field of health
  services; or
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas trade association in the field of mental
  health.
         (c)  A person may not be a member of the board [or act as the
  general counsel to the board] if the person is required to register
  as a lobbyist under Chapter 305, Government Code, because of the
  person's activities for compensation on behalf of a profession
  related to the operation of the board.
         SECTION 2.004.  Section 501.055(c), Occupations Code, is
  amended to read as follows:
         (c)  If the executive director of the executive council has
  knowledge that a potential ground for removal exists, the executive
  director shall notify the presiding officer of the board of the
  potential ground. The presiding officer shall then notify the
  governor and the attorney general that a potential ground for
  removal exists. If the potential ground for removal involves the
  presiding officer, the executive director shall notify the next
  highest ranking officer of the board, who shall then notify the
  governor and the attorney general that a potential ground for
  removal exists.
         SECTION 2.005.  Section 501.059, Occupations Code, is
  amended by amending Subsection (b) and adding Subsection (d) to
  read as follows:
         (b)  The training program must provide the person with
  information regarding:
               (1)  the law governing board operations;
               (2)  [this chapter and] the programs, functions, rules,
  and budget of the board;
               (3)  the scope of and limitations on the rulemaking
  authority of the board;
               (4) [(2)]  the results of the most recent formal audit
  of the board;
               (5) [(3)]  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing conflicts of
  interest; and
                     (B)  other laws applicable to members of the board
  in performing their duties; and
               (6) [(4)]  any applicable ethics policies adopted by
  the board or the Texas Ethics Commission.
         (d)  The executive director of the executive council shall
  create a training manual that includes the information required by
  Subsection (b). The executive director shall distribute a copy of
  the training manual annually to each board member. On receipt of
  the training manual, each board member shall sign and submit to the
  executive director a statement acknowledging receipt of the
  training manual.
         SECTION 2.006.  The heading to Subchapter D, Chapter 501,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER D. [BOARD] POWERS AND DUTIES
         SECTION 2.007.  The heading to Section 501.151, Occupations
  Code, is amended to read as follows:
         Sec. 501.151.  GENERAL POWERS AND DUTIES OF EXECUTIVE
  COUNCIL.
         SECTION 2.008.  Sections 501.151(c) and (d), Occupations
  Code, are amended to read as follows:
         (c)  The executive council [board] shall adopt and publish a
  code of ethics under this chapter.
         (d)  The executive council [board] may certify the specialty
  of health service providers under this chapter.
         SECTION 2.009.  Subchapter D, Chapter 501, Occupations Code,
  is amended by adding Section 501.1515 to read as follows:
         Sec. 501.1515.  BOARD DUTIES. The board shall propose to the
  executive council:
               (1)  rules regarding:
                     (A)  the qualifications necessary to obtain a
  license, including rules limiting an applicant's eligibility for a
  license based on the applicant's criminal history;
                     (B)  the scope of practice of and standards of
  care and ethical practice for psychology; and
                     (C)  continuing education requirements for
  license holders; and
               (2)  a schedule of sanctions for violations of this
  chapter or rules adopted under this chapter.
         SECTION 2.010.  Section 501.155, Occupations Code, is
  amended to read as follows:
         Sec. 501.155.  VOLUNTARY GUIDELINES. (a) The executive
  council [board] may cooperate with an agency that is not subject to
  this chapter to formulate voluntary guidelines to be observed in
  the training, activities, and supervision of persons who perform
  psychological services.
         (b)  Except as provided by Subsection (a), the executive
  council [board] may not adopt a rule that relates to the
  administration of an agency that is not subject to this chapter.
         SECTION 2.011.  Section 501.158, Occupations Code, is
  amended to read as follows:
         Sec. 501.158.  COMPETENCY REQUIREMENTS. (a) This section
  applies to a person who is:
               (1)  applying to take the [provisional] license
  examination;
               (2)  applying for a license or license renewal;
               (3)  currently licensed under this chapter [by the
  board]; or
               (4)  otherwise providing psychological services under
  a license approved by the executive council under this chapter
  [board].
         (b)  On a determination by the executive council [board]
  based on the executive council's [board's] reasonable belief that a
  person is not physically and mentally competent to provide
  psychological services with reasonable skill and safety to patients
  or has a physical or mental disease or condition that would impair
  the person's competency to provide psychological services, the
  executive council [board] may request the person to submit to:
               (1)  a physical examination by a physician approved by
  the executive council [board]; or
               (2)  a mental examination by a physician or
  psychologist approved by the executive council [board].
         (c)  The executive council [board] shall issue an order
  requiring a [an applicant or] person [seeking renewal of a
  provisional license] who refuses to submit to an examination under
  this section to show cause for the person's refusal at a hearing on
  the order scheduled for not later than the 30th day after the date
  notice is served on the person. The executive council [board] shall
  provide notice under this section by personal service or by
  registered mail, return receipt requested.
         (d)  At the hearing, the person may appear in person and by
  counsel and present evidence to justify the person's refusal to
  submit to examination. After the hearing, the executive council
  [board] shall issue an order requiring the person to submit to
  examination under this section or withdrawing the request for the
  examination.
         (e)  Unless the request is withdrawn, the executive council
  may take disciplinary action against a person who refuses to submit
  to the physical or mental examination [may not take the provisional
  license examination or renew the person's license, as appropriate].
         (f)  An appeal from the executive council's [board's] order
  under this section is governed by Chapter 2001, Government Code.
         SECTION 2.012.  Section 501.252(a), Occupations Code, is
  amended to read as follows:
         (a)  To be licensed under this chapter, a person must apply
  to the executive council [board] for a license. The executive
  council [board] shall issue a license to an applicant who:
               (1)  is qualified for the license under Section
  501.2525 [complies with this section]; and
               (2)  pays the fee set by the executive council [board].
         SECTION 2.013.  Section 501.255, Occupations Code, is
  redesignated as Section 501.2525, Occupations Code, and amended to
  read as follows:
         Sec. 501.2525  [501.255]. [PROVISIONAL] LICENSE
  [EXAMINATION] QUALIFICATIONS. (a) An applicant is qualified [may
  take an examination] for a [provisional] license under this chapter
  if the applicant:
               (1)  has received:
                     (A)  a doctoral degree in psychology from a
  regionally accredited educational institution conferred on or
  after January 1, 1979; or
                     (B)  a doctoral degree in psychology, or the
  substantial equivalent of a doctoral degree in psychology in both
  subject matter and extent of training, from a regionally accredited
  educational institution conferred before January 1, 1979;
               (2)  except as provided by Subsection (c) and Section
  501.253, has:
                     (A)  at least two years of supervised experience
  in the field of psychological services, one year of which may be as
  part of the doctoral program and at least one year of which began
  after the date the person's doctoral degree was conferred by an
  institution of higher education; and
                     (B)  passed any examination required by Section
  501.256;
               (3)  has attained the age of majority;
               [(3)  has good moral character;]
               (4)  is physically and mentally competent to provide
  psychological services with reasonable skill and safety, as
  determined by the executive council [board];
               (5)  is not afflicted with a mental or physical disease
  or condition that would impair the applicant's competency to
  provide psychological services;
               (6)  has not been convicted of a crime involving moral
  turpitude or a felony;
               (7)  does not use drugs or alcohol to an extent that
  affects the applicant's professional competency;
               (8)  has not engaged in fraud or deceit in making the
  application; and
               (9)  except as provided by Section 501.263, has not:
                     (A)  aided or abetted the practice of psychology
  by a person not licensed under this chapter in representing that the
  person is licensed under this chapter;
                     (B)  represented that the applicant is licensed
  under this chapter to practice psychology when the applicant is not
  licensed; or
                     (C)  practiced psychology in this state without a
  license under this chapter or without being exempt under this
  chapter.
         (b)  In determining under Subsection (a)(1)(B) whether a
  degree is substantially equivalent to a doctoral degree in
  psychology, the executive council [board] shall consider whether,
  at the time the degree was conferred, the doctoral program met the
  prevailing standards for training in the area of psychology,
  including standards for training in clinical, school, and
  industrial counseling.
         (c)  Subsection (a)(2)(A) does not apply to an applicant who:
               (1)  is licensed in good standing in another state to
  independently practice psychology; and
               (2)  has independently practiced psychology in that
  state for at least five years.
         (d)  For purposes of Subsection (a)(2)(A), experience is
  supervised only if the experience is supervised by a psychologist
  in the manner provided by the executive council's supervision
  guidelines. To determine the acceptability of an applicant's
  experience, the executive council may require documentary evidence
  of the quality, scope, and nature of the applicant's experience.  
  The executive council may count toward the supervised experience an
  applicant is required to obtain after the applicant's degree is
  conferred any hours of supervised experience the applicant
  completed as part of a degree program accredited by the American
  Psychological Association, the Canadian Psychological Association,
  or a substantially equivalent degree program.
         SECTION 2.014.  Section 501.253, Occupations Code, is
  amended to read as follows:
         Sec. 501.253.  PROVISIONAL STATUS FOR CERTAIN APPLICANTS
  [LICENSE]. (a) The executive council may [board shall] issue a
  [provisional] license with a provisional status to an applicant who
  has not satisfied the experience or examination requirements of
  Section 501.2525(a)(2) but is otherwise qualified for the license
  under Section 501.2525 [:
               [(1)  passed the examinations prescribed by the board;
               [(2)     satisfied the preliminary requirements of
  Sections 501.254 and 501.255; and
               [(3)  paid the fee for a provisional license].
         (b)  A [provisional] license holder described by Subsection
  (a) is entitled to practice psychology under the supervision of a
  psychologist to meet the requirements for issuance of a license
  under Section 501.2525, except that if the [501.252. A
  provisional] license holder [who] is licensed in another state to
  independently practice psychology and is in good standing in that
  state, the license holder [and who seeks a license in this state] is
  entitled to practice psychology without the supervision of a
  psychologist [during the time that the board is processing the
  person's application for a license].
         (c)  The executive council [board] shall adopt rules that
  apply to a [provisional] license holder described by Subsection (a)
  [holders] identifying:
               (1)  the activities that the license holder [holders]
  may engage in; and
               (2)  services that may be provided by the license
  holder [holders].
         (d)  The executive council [board] may refuse to renew a [the
  provisional] license issued under Subsection (a) if the license
  holder [of a person who] does not meet the requirements prescribed
  by Section 501.2525(a)(2) [501.255].
         (e)  The executive council [board] may not restrict the
  issuance of a license [or provisional license] to an applicant who
  is licensed in another state to independently practice psychology
  and is in good standing in that state based on the number of years
  the applicant has been licensed in good standing in that state.
         [(f)     If an applicant who is licensed in another state to
  independently practice psychology and is in good standing in that
  state presents credentials from a national accreditation
  organization to the board and the board determines that the
  requirements for obtaining those credentials from that
  organization are sufficient to protect the public, the board may
  issue a provisional license to the applicant. An applicant who
  obtains a provisional license under this subsection must have
  passed the examination described by Section 501.256(b)(2).]
         SECTION 2.015.  Sections 501.256(a), (b), (c), and (d),
  Occupations Code, are amended to read as follows:
         (a)  The executive council [board] shall administer to
  qualified applicants at least annually any [the oral and] written
  examination required by executive council [board] rules. An [The
  board shall have the written portion of the] examination must be[,
  if any,] validated by an independent testing professional.
         (b)  The executive council [board] shall determine the
  subject and scope of each examination [the examinations] and
  establish appropriate fees for examinations administered. The
  examination must test the applicant's knowledge of:
               (1)  the discipline and profession of psychology; and
               (2)  the laws and rules governing the profession of
  psychology in this state.
         (c)  The executive council [board] may waive the discipline
  and professional segment of the examination requirement for an
  applicant who:
               (1)  is a specialist of the American Board of
  Professional Psychology; or
               (2)  in the executive council's [board's] judgment, has
  demonstrated competence in the areas covered by the examination.
         (d)  The contents of the examination described by Subsection
  (b)(2) are the jurisprudence examination. The executive council
  [board] shall administer and each applicant must pass the
  jurisprudence examination before the executive council [board] may
  issue a [provisional] license.
         SECTION 2.016.  Section 501.259, Occupations Code, is
  amended to read as follows:
         Sec. 501.259.  LICENSING OF PSYCHOLOGICAL ASSOCIATE. (a)
  The executive council [board] shall set standards for the issuance
  of licenses to psychological personnel who hold a master's degree
  from an accredited university or college in a program that is
  primarily psychological in nature.
         (b)  The executive council [board] shall designate a person
  who holds a license authorized by this section by a title that
  includes the adjective "psychological" followed by a noun such as
  "associate," "assistant," "examiner," or "technician."
         SECTION 2.017.  Sections 501.260(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  The executive council [board] by rule shall issue a
  license to a licensed specialist in school psychology. A license
  issued under this section constitutes the appropriate credential
  for a person who provides psychological services as required by
  Section 21.003(b), Education Code.
         (b)  The executive council [board] shall set the standards to
  qualify for a license under this section. The standards must
  include:
               (1)  satisfaction of minimum recognized graduate
  degree requirements;
               (2)  completion of graduate course work at a regionally
  accredited institution of higher education in:
                     (A)  psychological foundations;
                     (B)  educational foundations;
                     (C)  interventions;
                     (D)  assessments; and
                     (E)  professional issues and ethics;
               (3)  completion of at least 1,200 hours of supervised
  experience;
               (4)  receipt of a passing score on a nationally
  recognized qualifying examination determined to be appropriate by
  the executive council [board] and on any other examination required
  by the executive council [board]; and
               (5)  satisfaction of the requirements under Sections
  501.2525(a)(3)-(9)[, other than the degree requirements, for an
  applicant to take an examination for a provisional license].
         SECTION 2.018.  Section 501.262, Occupations Code, is
  amended to read as follows:
         Sec. 501.262.  RECIPROCAL LICENSE. The executive council
  [board] may enter into and implement agreements with other
  jurisdictions for the issuance of a license by reciprocity if the
  other jurisdiction's requirements for licensing, certification, or
  registration are substantially equal to the requirements of this
  chapter.
         SECTION 2.019.  Sections 501.263(a), (b), (c), and (e),
  Occupations Code, are amended to read as follows:
         (a)  The executive council [board] may issue a temporary
  license to an applicant seeking to practice in this state for a
  limited time and limited purpose if the applicant:
               (1)  pays the required application fee;
               (2)  submits an application to the executive council
  [board] in the form prescribed by the executive council [board];
               (3)  is licensed, certified, or registered as a
  psychologist or psychological associate by another state having
  requirements substantially equal to those prescribed by this
  chapter;
               (4)  is in good standing with the regulatory agency of
  the jurisdiction in which the person is licensed, certified, or
  registered;
               (5)  is supervised by a person licensed [by the board]
  under this chapter with whom the temporary license holder may
  consult during the time the person holds a temporary license; and
               (6)  has passed an examination recognized by the
  executive council [board] as equivalent to the examination required
  [by the board] for a permanent license under this chapter.
         (b)  A temporary license is valid only for the period
  specified by the executive council [board] and for the limited
  purpose approved by the executive council [board].
         (c)  The executive council [board] may adopt rules to issue a
  temporary license to a person who holds a license or the equivalent
  from another country.
         (e)  A person holding a temporary license issued under this
  chapter shall display a sign indicating that the license is
  temporary. The sign must be approved by the executive council
  [board] and displayed in every room in which the person provides
  psychological services.
         SECTION 2.020.  Section 501.264(a), Occupations Code, is
  amended to read as follows:
         (a)  A psychologist may place the psychologist's license on
  inactive status by applying to the executive council [board] and
  paying a fee established by the executive council [board].
         SECTION 2.021.  Section 501.301, Occupations Code, is
  amended to read as follows:
         Sec. 501.301.  LICENSE EXPIRATION AND RENEWAL. (a) The
  executive council shall adopt rules providing for the expiration
  and renewal of a [A] license issued under this chapter. The rules
  must require a license be renewed annually or biennially [expires
  on December 31 of the year following the date the license is issued
  or renewed. A license of a psychological associate expires on May
  31 of the year following the date the license is issued or renewed].
         (b)  The executive council [board] by rule may adopt a system
  under which licenses expire on various dates during the year. For a
  year in which the expiration date is changed, the executive council
  [board] shall prorate the licensing fee so that each license holder
  pays only the portion of the fee that is allocable to the number of
  months during which the license is valid. On renewal of the license
  on the new expiration date, the entire licensing fee is payable.
         SECTION 2.022.  Sections 501.351(a) and (c), Occupations
  Code, are amended to read as follows:
         (a)  A psychologist licensed under this chapter may delegate
  to a [provisionally licensed] psychologist who holds a license
  described by Section 501.253, a newly licensed psychologist who is
  not eligible for managed care panels, a person who holds a temporary
  license issued under Section 501.263, or a person enrolled in a
  formal internship as provided by executive council [board] rules [,
  and a person who satisfies Section 501.255(a) and is in the process
  of acquiring the supervised experience required by Section
  501.252(b)(2)] any psychological test or service that a reasonable
  and prudent psychologist could delegate within the scope of sound
  psychological judgment if the psychologist determines that:
               (1)  the test or service can be properly and safely
  performed by the person;
               (2)  the person does not represent to the public that
  the person is authorized to practice psychology; and
               (3)  the test or service will be performed in the
  customary manner and in compliance with any other law.
         (c)  The executive council [board] may determine whether:
               (1)  a psychological test or service may be properly
  and safely delegated under this section; and
               (2)  a delegated act constitutes the practice of
  psychology under this chapter.
         SECTION 2.023.  Section 501.401, Occupations Code, is
  amended to read as follows:
         Sec. 501.401.  GROUNDS FOR DISCIPLINARY ACTION. The
  executive council [board] shall take disciplinary action under
  Subchapter G, Chapter 507, against [revoke or suspend a holder's
  license, place on probation a person whose license has been
  suspended, or reprimand] a license holder who:
               (1)  violates this chapter or a rule adopted under this
  chapter [by the board];
               (2)  is convicted of a felony or of any offense that
  would be a felony under the laws of this state, or of a violation of
  a law involving moral turpitude;
               (3)  uses drugs or alcohol to an extent that affects the
  person's professional competency;
               (4)  engages in fraud or deceit in connection with
  services provided as a psychologist;
               (5)  except as provided by Section 501.263:
                     (A)  aids or abets the practice of psychology by a
  person not licensed under this chapter in representing that the
  person is licensed under this chapter;
                     (B)  represents that the person is licensed under
  this chapter to practice psychology when the person is not
  licensed; or
                     (C)  practices psychology in this state without a
  license under this chapter or without being qualified for an
  exemption under Section 501.004; or
               (6)  commits an act for which liability exists under
  Chapter 81, Civil Practice and Remedies Code.
         SECTION 2.024.  Section 501.407, Occupations Code, is
  amended to read as follows:
         Sec. 501.407.  REMEDIAL CONTINUING EDUCATION. The executive
  council [board] may require a license holder who violates this
  chapter to participate in a continuing education program. The
  executive council [board] shall specify the continuing education
  program that the person may attend and the number of hours that the
  person must complete to fulfill the requirements of this section.
         SECTION 2.025.  Section 501.408, Occupations Code, is
  amended to read as follows:
         Sec. 501.408.  CORRECTIVE ADVERTISING. The executive
  council [board] may order corrective advertising if a psychologist,
  individually or under an assumed name, engages in false,
  misleading, or deceptive advertising.
         SECTION 2.026.  Subchapter I, Chapter 501, Occupations Code,
  is amended by adding Section 501.411 to read as follows:
         Sec. 501.411.  REMEDIAL PLAN. (a) The executive council may
  issue and establish the terms of a remedial plan to resolve the
  investigation of a complaint filed under this chapter.
         (b)  The executive council by rule shall establish the types
  of complaints or violations that may be resolved with a remedial
  plan. The rules must provide that a remedial plan may not be
  imposed to resolve a complaint:
               (1)  involving conduct that poses a significant risk of
  harm to a patient; or
               (2)  in which the appropriate resolution may involve
  revoking, suspending, limiting, or restricting a person's license. 
         (c)  A remedial plan may not contain a provision that:
               (1)  revokes, suspends, limits, or restricts a person's
  license; or
               (2)  assesses an administrative penalty against a
  person.
         (d)  The executive council may not issue a remedial plan to
  resolve a complaint against a license holder if the license holder
  has previously entered into a remedial plan with the executive
  council for the resolution of a different complaint filed under
  this chapter.
         (e)  The executive council may assess a fee against a license
  holder participating in a remedial plan in an amount necessary to
  recover the costs of administering the plan.
         SECTION 2.027.  Section 501.505, Occupations Code, is
  amended to read as follows:
         Sec. 501.505.  OPTION TO ORDER REFUND. (a) Under an
  agreement resulting from an informal settlement conference, the
  executive council [board] may order a license holder to refund to
  the person who paid for the psychological services at issue an
  amount not to exceed the amount the person paid to the license
  holder for a service regulated by this chapter instead of or in
  addition to imposing an administrative penalty under Subchapter H,
  Chapter 507 [this chapter].
         (b)  The executive council [board] may not include an
  estimation of other damages or harm in a refund order.
         SECTION 2.028.  Chapter 501, Occupations Code, is amended by
  adding Subchapter L to read as follows:
  SUBCHAPTER L. PSYCHOLOGY INTERJURISDICTIONAL COMPACT
         Sec. 501.601.  PSYCHOLOGY INTERJURISDICTIONAL COMPACT. The
  Psychology Interjurisdictional Compact is enacted and entered into
  as follows:
  PSYCHOLOGY INTERJURISDICTIONAL COMPACT
  ARTICLE I. PURPOSE
  Whereas, states license psychologists, in order to protect the
  public through verification of education, training and experience
  and ensure accountability for professional practice; and
  Whereas, this Compact is intended to regulate the day to day
  practice of telepsychology (i.e. the provision of psychological
  services using telecommunication technologies) by psychologists
  across state boundaries in the performance of their psychological
  practice as assigned by an appropriate authority; and
  Whereas, this Compact is intended to regulate the temporary
  in-person, face-to-face practice of psychology by psychologists
  across state boundaries for 30 days within a calendar year in the
  performance of their psychological practice as assigned by an
  appropriate authority;
  Whereas, this Compact is intended to authorize State Psychology
  Regulatory Authorities to afford legal recognition, in a manner
  consistent with the terms of the Compact, to psychologists licensed
  in another state;
  Whereas, this Compact recognizes that states have a vested interest
  in protecting the public's health and safety through their
  licensing and regulation of psychologists and that such state
  regulation will best protect public health and safety;
  Whereas, this Compact does not apply when a psychologist is
  licensed in both the Home and Receiving States; and
  Whereas, this Compact does not apply to permanent in-person,
  face-to-face practice, it does allow for authorization of temporary
  psychological practice.
  Consistent with these principles, this Compact is designed to
  achieve the following purposes and objectives:
       1.  Increase public access to professional psychological
  services by allowing for telepsychological practice
  across state lines as well as temporary in-person,
  face-to-face services into a state which the psychologist
  is not licensed to practice psychology;
       2.  Enhance the states' ability to protect the public's health
  and safety, especially client/patient safety;
       3.  Encourage the cooperation of Compact States in the areas of
  psychology licensure and regulation;
       4.  Facilitate the exchange of information between Compact
  States regarding psychologist licensure, adverse actions
  and disciplinary history;
       5.  Promote compliance with the laws governing psychological
  practice in each Compact State; and
       6.  Invest all Compact States with the authority to hold
  licensed psychologists accountable through the mutual
  recognition of Compact State licenses.
  ARTICLE II. DEFINITIONS
  A.  "Adverse Action" means: Any action taken by a State Psychology
  Regulatory Authority which finds a violation of a statute or
  regulation that is identified by the State Psychology
  Regulatory Authority as discipline and is a matter of public
  record.
  B.  "Association of State and Provincial Psychology Boards
  (ASPPB)" means: the recognized membership organization
  composed of State and Provincial Psychology Regulatory
  Authorities responsible for the licensure and registration of
  psychologists throughout the United States and Canada.
  C.  "Authority to Practice Interjurisdictional Telepsychology"
  means: a licensed psychologist's authority to practice
  telepsychology, within the limits authorized under this
  Compact, in another Compact State.
  D.  "Bylaws" means: those Bylaws established by the Psychology
  Interjurisdictional Compact Commission pursuant to Section X
  for its governance, or for directing and controlling its
  actions and conduct.
  E.  "Client/Patient" means: the recipient of psychological
  services, whether psychological services are delivered in the
  context of healthcare, corporate, supervision, and/or
  consulting services.
  F.  "Commissioner" means: the voting representative appointed by
  each State Psychology Regulatory Authority pursuant to Section
  X.
  G.  "Compact State" means: a state, the District of Columbia, or
  United States territory that has enacted this Compact
  legislation and which has not withdrawn pursuant to Article
  XIII, Section C or been terminated pursuant to Article XII,
  Section B.
  H.  "Coordinated Licensure Information System" also referred to as
  "Coordinated Database" means: an integrated process for
  collecting, storing, and sharing information on psychologists'
  licensure and enforcement activities related to psychology
  licensure laws, which is administered by the recognized
  membership organization composed of State and Provincial
  Psychology Regulatory Authorities.
  I.  "Confidentiality" means: the principle that data or
  information is not made available or disclosed to unauthorized
  persons and/or processes.
  J.  "Day" means: any part of a day in which psychological work is
  performed.
  K.  "Distant State" means: the Compact State where a psychologist
  is physically present (not through the use of
  telecommunications technologies), to provide temporary
  in-person, face-to-face psychological services. 
  L.  "E.Passport" means: a certificate issued by the Association of
  State and Provincial Psychology Boards (ASPPB) that promotes
  the standardization in the criteria of interjurisdictional
  telepsychology practice and facilitates the process for
  licensed psychologists to provide telepsychological services
  across state lines. 
  M.  "Executive Board" means: a group of directors elected or
  appointed to act on behalf of, and within the powers granted to
  them by, the Commission.
  N.  "Home State" means: a Compact State where a psychologist is
  licensed to practice psychology. If the psychologist is
  licensed in more than one Compact State and is practicing under
  the Authorization to Practice Interjurisdictional
  Telepsychology, the Home State is the Compact State where the
  psychologist is physically present when the telepsychological
  services are delivered. If the psychologist is licensed in more
  than one Compact State and is practicing under the Temporary
  Authorization to Practice, the Home State is any Compact State
  where the psychologist is licensed.
  O.  "Identity History Summary" means: a summary of information
  retained by the FBI, or other designee with similar authority,
  in connection with arrests and, in some instances, federal
  employment, naturalization, or military service.
  P.  "In-Person, Face-to-Face" means: interactions in which the
  psychologist and the client/patient are in the same physical
  space and which does not include interactions that may occur
  through the use of telecommunication technologies.
  Q.  "Interjurisdictional Practice Certificate (IPC)" means: a
  certificate issued by the Association of State and Provincial
  Psychology Boards (ASPPB) that grants temporary authority to
  practice based on notification to the State Psychology
  Regulatory Authority of intention to practice temporarily, and
  verification of one's qualifications for such practice.
  R.  "License" means: authorization by a State Psychology
  Regulatory Authority to engage in the independent practice of
  psychology, which would be unlawful without the authorization.
  S.  "Non-Compact State" means: any State which is not at the time a
  Compact State.
  T.  "Psychologist" means: an individual licensed for the
  independent practice of psychology.
  U.  "Psychology Interjurisdictional Compact Commission" also
  referred to as "Commission" means: the national administration
  of which all Compact States are members.
  V.  "Receiving State" means: a Compact State where the
  client/patient is physically located when the
  telepsychological services are delivered.
  W.  "Rule" means: a written statement by the Psychology
  Interjurisdictional Compact Commission promulgated pursuant
  to Section XI of the Compact that is of general applicability,
  implements, interprets, or prescribes a policy or provision of
  the Compact, or an organizational, procedural, or practice
  requirement of the Commission and has the force and effect of
  statutory law in a Compact State, and includes the amendment,
  repeal or suspension of an existing rule.
  X.  "Significant Investigatory Information" means:
       1.  investigative information that a State Psychology
  Regulatory Authority, after a preliminary inquiry that
  includes notification and an opportunity to respond if
  required by state law, has reason to believe, if proven
  true, would indicate more than a violation of state
  statute or ethics code that would be considered more
  substantial than minor infraction; or
       2.  investigative information that indicates that the
  psychologist represents an immediate threat to public
  health and safety regardless of whether the psychologist
  has been notified and/or had an opportunity to respond.
  Y.  "State" means: a state, commonwealth, territory, or possession
  of the United States, the District of Columbia.
  Z.  "State Psychology Regulatory Authority" means: the Board,
  office or other agency with the legislative mandate to license
  and regulate the practice of psychology.
  AA. "Telepsychology" means: the provision of psychological
  services using telecommunication technologies. 
  BB. "Temporary Authorization to Practice" means: a licensed
  psychologist's authority to conduct temporary in-person,
  face-to-face practice, within the limits authorized under this
  Compact, in another Compact State.
  CC. "Temporary In-Person, Face-to-Face Practice" means: where a
  psychologist is physically present (not through the use of
  telecommunications technologies), in the Distant State to
  provide for the practice of psychology for 30 days within a
  calendar year and based on notification to the Distant State.
  ARTICLE III. HOME STATE LICENSURE
  A.  The Home State shall be a Compact State where a psychologist is
  licensed to practice psychology.
  B.  A psychologist may hold one or more Compact State licenses at a
  time. If the psychologist is licensed in more than one Compact
  State, the Home State is the Compact State where the
  psychologist is physically present when the services are
  delivered as authorized by the Authority to Practice
  Interjurisdictional Telepsychology under the terms of this
  Compact.
  C.  Any Compact State may require a psychologist not previously
  licensed in a Compact State to obtain and retain a license to be
  authorized to practice in the Compact State under
  circumstances not authorized by the Authority to Practice
  Interjurisdictional Telepsychology under the terms of this
  Compact.
  D.  Any Compact State may require a psychologist to obtain and
  retain a license to be authorized to practice in a Compact
  State under circumstances not authorized by Temporary
  Authorization to Practice under the terms of this Compact.
  E.  A Home State's license authorizes a psychologist to practice in
  a Receiving State under the Authority to Practice
  Interjurisdictional Telepsychology only if the Compact State:
       1.  Currently requires the psychologist to hold an active
  E.Passport;
       2.  Has a mechanism in place for receiving and investigating
  complaints about licensed individuals;
       3.  Notifies the Commission, in compliance with the terms
  herein, of any adverse action or significant investigatory
  information regarding a licensed individual;
       4.  Requires an Identity History Summary of all applicants at
  initial licensure, including the use of the results of
  fingerprints or other biometric data checks compliant with
  the requirements of the Federal Bureau of Investigation
  FBI, or other designee with similar authority, no later
  than ten years after activation of the Compact; and
       5.  Complies with the Bylaws and Rules of the Commission.
  F.  A Home State's license grants Temporary Authorization to
  Practice to a psychologist in a Distant State only if the
  Compact State:
       1.  Currently requires the psychologist to hold an active IPC; 
       2.  Has a mechanism in place for receiving and investigating
  complaints about licensed individuals;
       3.  Notifies the Commission, in compliance with the terms
  herein, of any adverse action or significant investigatory
  information regarding a licensed individual;
       4.  Requires an Identity History Summary of all applicants at
  initial licensure, including the use of the results of
  fingerprints or other biometric data checks compliant with
  the requirements of the Federal Bureau of Investigation
  FBI, or other designee with similar authority, no later
  than ten years after activation of the Compact; and
       5.  Complies with the Bylaws and Rules of the Commission.
  ARTICLE IV. COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY
  A.  Compact States shall recognize the right of a psychologist,
  licensed in a Compact State in conformance with Article III, to
  practice telepsychology in other Compact States (Receiving
  States) in which the psychologist is not licensed, under the
  Authority to Practice Interjurisdictional Telepsychology as
  provided in the Compact.
  B.  To exercise the Authority to Practice Interjurisdictional
  Telepsychology under the terms and provisions of this Compact,
  a psychologist licensed to practice in a Compact State must:
       1.  Hold a graduate degree in psychology from an institute of
  higher education that was, at the time the degree was
  awarded:
            a.  Regionally accredited by an accrediting body
  recognized by the U.S. Department of Education to
  grant graduate degrees, OR authorized by Provincial
  Statute or Royal Charter to grant doctoral degrees; OR
            b.  A foreign college or university deemed to be
  equivalent to 1 (a) above by a foreign credential
  evaluation service that is a member of the National
  Association of Credential Evaluation Services (NACES)
  or by a recognized foreign credential evaluation
  service; AND
       2.  Hold a graduate degree in psychology that meets the
  following criteria:
            a.  The program, wherever it may be administratively
  housed, must be clearly identified and labeled as a
  psychology program. Such a program must specify in
  pertinent institutional catalogues and brochures its
  intent to educate and train professional
  psychologists;
            b.  The psychology program must stand as a recognizable,
  coherent, organizational entity within the
  institution;
            c.  There must be a clear authority and primary
  responsibility for the core and specialty areas
  whether or not the program cuts across administrative
  lines;
            d.  The program must consist of an integrated, organized
  sequence of study;
            e.  There must be an identifiable psychology faculty
  sufficient in size and breadth to carry out its
  responsibilities;
            f.  The designated director of the program must be a
  psychologist and a member of the core faculty;
            g.  The program must have an identifiable body of students
  who are matriculated in that program for a degree;
            h.  The program must include supervised practicum,
  internship, or field training appropriate to the
  practice of psychology;
            i.  The curriculum shall encompass a minimum of three
  academic years of full-time graduate study for
  doctoral degree and a minimum of one academic year of
  full-time graduate study for master's degree;
            j.  The program includes an acceptable residency as
  defined by the Rules of the Commission.
       3.  Possess a current, full and unrestricted license to
  practice psychology in a Home State which is a Compact
  State;
       4.  Have no history of adverse action that violate the Rules of
  the Commission;
       5.  Have no criminal record history reported on an Identity
  History Summary that violates the Rules of the Commission;
       6.  Possess a current, active E.Passport;
       7.  Provide attestations in regard to areas of intended
  practice, conformity with standards of practice,
  competence in telepsychology technology; criminal
  background; and knowledge and adherence to legal
  requirements in the home and receiving states, and provide
  a release of information to allow for primary source
  verification in a manner specified by the Commission; and
       8.  Meet other criteria as defined by the Rules of the
  Commission.
  C.  The Home State maintains authority over the license of any
  psychologist practicing into a Receiving State under the
  Authority to Practice Interjurisdictional Telepsychology.
  D.  A psychologist practicing into a Receiving State under the
  Authority to Practice Interjurisdictional Telepsychology will
  be subject to the Receiving State's scope of practice. A
  Receiving State may, in accordance with that state's due
  process law, limit or revoke a psychologist's Authority to
  Practice Interjurisdictional Telepsychology in the Receiving
  State and may take any other necessary actions under the
  Receiving State's applicable law to protect the health and
  safety of the Receiving State's citizens. If a Receiving State
  takes action, the state shall promptly notify the Home State
  and the Commission.
  E.  If a psychologist's license in any Home State, another Compact
  State, or any Authority to Practice Interjurisdictional
  Telepsychology in any Receiving State, is restricted,
  suspended or otherwise limited, the E.Passport shall be
  revoked and therefore the psychologist shall not be eligible to
  practice telepsychology in a Compact State under the Authority
  to Practice Interjurisdictional Telepsychology.
  ARTICLE V. COMPACT TEMPORARY AUTHORIZATION TO PRACTICE
  A.  Compact States shall also recognize the right of a
  psychologist, licensed in a Compact State in conformance with
  Article III, to practice temporarily in other Compact States
  (Distant States) in which the psychologist is not licensed, as
  provided in the Compact.
  B.  To exercise the Temporary Authorization to Practice under the
  terms and provisions of this Compact, a psychologist licensed
  to practice in a Compact State must:
       1.  Hold a graduate degree in psychology from an institute of
  higher education that was, at the time the degree was
  awarded:
            a.  Regionally accredited by an accrediting body
  recognized by the U.S. Department of Education to
  grant graduate degrees, OR authorized by Provincial
  Statute or Royal Charter to grant doctoral degrees; OR
            b.  A foreign college or university deemed to be
  equivalent to 1 (a) above by a foreign credential
  evaluation service that is a member of the National
  Association of Credential Evaluation Services (NACES)
  or by a recognized foreign credential evaluation
  service; AND
       2.  Hold a graduate degree in psychology that meets the
  following criteria:
            a.  The program, wherever it may be administratively
  housed, must be clearly identified and labeled as a
  psychology program. Such a program must specify in
  pertinent institutional catalogues and brochures its
  intent to educate and train professional
  psychologists;
            b.  The psychology program must stand as a recognizable,
  coherent, organizational entity within the
  institution;
            c.  There must be a clear authority and primary
  responsibility for the core and specialty areas
  whether or not the program cuts across administrative
  lines;
            d.  The program must consist of an integrated, organized
  sequence of study;
            e.  There must be an identifiable psychology faculty
  sufficient in size and breadth to carry out its
  responsibilities;
            f.  The designated director of the program must be a
  psychologist and a member of the core faculty;
            g.  The program must have an identifiable body of students
  who are matriculated in that program for a degree;
            h.  The program must include supervised practicum,
  internship, or field training appropriate to the
  practice of psychology;
            i.  The curriculum shall encompass a minimum of three
  academic years of full-time graduate study for
  doctoral degrees and a minimum of one academic year of
  full-time graduate study for master's degree;
            j.  The program includes an acceptable residency as
  defined by the Rules of the Commission.
       3.  Possess a current, full and unrestricted license to
  practice psychology in a Home State which is a Compact
  State;
       4.  No history of adverse action that violate the Rules of the
  Commission;
       5.  No criminal record history that violates the Rules of the
  Commission;
       6.  Possess a current, active IPC;
       7.  Provide attestations in regard to areas of intended
  practice and work experience and provide a release of
  information to allow for primary source verification in a
  manner specified by the Commission; and
       8.  Meet other criteria as defined by the Rules of the
  Commission.
  C.  A psychologist practicing into a Distant State under the
  Temporary Authorization to Practice shall practice within the
  scope of practice authorized by the Distant State.
  D.  A psychologist practicing into a Distant State under the
  Temporary Authorization to Practice will be subject to the
  Distant State's authority and law. A Distant State may, in
  accordance with that state's due process law, limit or revoke a
  psychologist's Temporary Authorization to Practice in the
  Distant State and may take any other necessary actions under
  the Distant State's applicable law to protect the health and
  safety of the Distant State's citizens. If a Distant State
  takes action, the state shall promptly notify the Home State
  and the Commission.
  E.  If a psychologist's license in any Home State, another Compact
  State, or any Temporary Authorization to Practice in any
  Distant State, is restricted, suspended or otherwise limited,
  the IPC shall be revoked and therefore the psychologist shall
  not be eligible to practice in a Compact State under the
  Temporary Authorization to Practice.
  ARTICLE VI. CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING
  STATE
  A.  A psychologist may practice in a Receiving State under the
  Authority to Practice Interjurisdictional Telepsychology only
  in the performance of the scope of practice for psychology as
  assigned by an appropriate State Psychology Regulatory
  Authority, as defined in the Rules of the Commission, and under
  the following circumstances:
       1.  The psychologist initiates a client/patient contact in a
  Home State via telecommunications technologies with a
  client/patient in a Receiving State;
       2.  Other conditions regarding telepsychology as determined by
  Rules promulgated by the Commission.
  ARTICLE VII. ADVERSE ACTIONS
  A.  A Home State shall have the power to impose adverse action
  against a psychologist's license issued by the Home State. A
  Distant State shall have the power to take adverse action on a
  psychologist's Temporary Authorization to Practice within that
  Distant State.
  B.  A Receiving State may take adverse action on a psychologist's
  Authority to Practice Interjurisdictional Telepsychology
  within that Receiving State. A Home State may take adverse
  action against a psychologist based on an adverse action taken
  by a Distant State regarding temporary in-person, face-to-face
  practice.
  C.  If a Home State takes adverse action against a psychologist's
  license, that psychologist's Authority to Practice
  Interjurisdictional Telepsychology is terminated and the
  E.Passport is revoked. Furthermore, that psychologist's
  Temporary Authorization to Practice is terminated and the IPC
  is revoked.
       1.  All Home State disciplinary orders which impose adverse
  action shall be reported to the Commission in accordance
  with the Rules promulgated by the Commission. A Compact
  State shall report adverse actions in accordance with the
  Rules of the Commission.
       2.  In the event discipline is reported on a psychologist, the
  psychologist will not be eligible for telepsychology or
  temporary in-person, face-to-face practice in accordance
  with the Rules of the Commission.
       3.  Other actions may be imposed as determined by the Rules
  promulgated by the Commission.
  D.  A Home State's Psychology Regulatory Authority shall
  investigate and take appropriate action with respect to
  reported inappropriate conduct engaged in by a licensee which
  occurred in a Receiving State as it would if such conduct had
  occurred by a licensee within the Home State. In such cases,
  the Home State's law shall control in determining any adverse
  action against a psychologist's license.
  E.  A Distant State's Psychology Regulatory Authority shall
  investigate and take appropriate action with respect to
  reported inappropriate conduct engaged in by a psychologist
  practicing under Temporary Authorization Practice which
  occurred in that Distant State as it would if such conduct had
  occurred by a licensee within the Home State. In such cases,
  Distant State's law shall control in determining any adverse
  action against a psychologist's Temporary Authorization to
  Practice.
  F.  Nothing in this Compact shall override a Compact State's
  decision that a psychologist's participation in an alternative
  program may be used in lieu of adverse action and that such
  participation shall remain non-public if required by the
  Compact State's law. Compact States must require psychologists
  who enter any alternative programs to not provide
  telepsychology services under the Authority to Practice
  Interjurisdictional Telepsychology or provide temporary
  psychological services under the Temporary Authorization to
  Practice in any other Compact State during the term of the
  alternative program.
  G.  No other judicial or administrative remedies shall be available
  to a psychologist in the event a Compact State imposes an
  adverse action pursuant to subsection C, above.
  ARTICLE VIII. ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S
  PSYCHOLOGY REGULATORY AUTHORITY
  A.  In addition to any other powers granted under state law, a
  Compact State's Psychology Regulatory Authority shall have the
  authority under this Compact to:
       1.  Issue subpoenas, for both hearings and investigations,
  which require the attendance and testimony of witnesses
  and the production of evidence. Subpoenas issued by a
  Compact State's Psychology Regulatory Authority for the
  attendance and testimony of witnesses, and/or the
  production of evidence from another Compact State shall be
  enforced in the latter state by any court of competent
  jurisdiction, according to that court's practice and
  procedure in considering subpoenas issued in its own
  proceedings. The issuing State Psychology Regulatory
  Authority shall pay any witness fees, travel expenses,
  mileage and other fees required by the service statutes of
  the state where the witnesses and/or evidence are located;
  and
       2.  Issue cease and desist and/or injunctive relief orders to
  revoke a psychologist's Authority to Practice
  Interjurisdictional Telepsychology and/or Temporary
  Authorization to Practice.
       3.  During the course of any investigation, a psychologist may
  not change his/her Home State licensure. A Home State
  Psychology Regulatory Authority is authorized to complete
  any pending investigations of a psychologist and to take
  any actions appropriate under its law. The Home State
  Psychology Regulatory Authority shall promptly report the
  conclusions of such investigations to the Commission. Once
  an investigation has been completed, and pending the
  outcome of said investigation, the psychologist may change
  his/her Home State licensure. The Commission shall
  promptly notify the new Home State of any such decisions as
  provided in the Rules of the Commission. All information
  provided to the Commission or distributed by Compact
  States pursuant to the psychologist shall be confidential,
  filed under seal and used for investigatory or
  disciplinary matters. The Commission may create
  additional rules for mandated or discretionary sharing of
  information by Compact States.
  ARTICLE IX.  COORDINATED LICENSURE INFORMATION SYSTEM
  A.  The Commission shall provide for the development and
  maintenance of a Coordinated Licensure Information System
  (Coordinated Database) and reporting system containing
  licensure and disciplinary action information on all
  psychologists individuals to whom this Compact is applicable
  in all Compact States as defined by the Rules of the
  Commission.
  B.  Notwithstanding any other provision of state law to the
  contrary, a Compact State shall submit a uniform data set to
  the Coordinated Database on all licensees as required by the
  Rules of the Commission, including:
       1.  Identifying information;
       2.  Licensure data;
       3.  Significant investigatory information;
       4.  Adverse actions against a psychologist's license;
       5.  An indicator that a psychologist's Authority to Practice
  Interjurisdictional Telepsychology and/or Temporary
  Authorization to Practice is revoked;
       6.  Non-confidential information related to alternative
  program participation information;
       7.  Any denial of application for licensure, and the reasons
  for such denial; and
       8.  Other information which may facilitate the administration
  of this Compact, as determined by the Rules of the
  Commission.
  C.  The Coordinated Database administrator shall promptly notify
  all Compact States of any adverse action taken against, or
  significant investigative information on, any licensee in a
  Compact State.
  D.  Compact States reporting information to the Coordinated
  Database may designate information that may not be shared with
  the public without the express permission of the Compact State
  reporting the information.
  E.  Any information submitted to the Coordinated Database that is
  subsequently required to be expunged by the law of the Compact
  State reporting the information shall be removed from the
  Coordinated Database.
  ARTICLE X. ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL
  COMPACT COMMISSION
  A.  The Compact States hereby create and establish a joint public
  agency known as the Psychology Interjurisdictional Compact
  Commission.
       1.  The Commission is a body politic and an instrumentality of
  the Compact States.
       2.  Venue is proper and judicial proceedings by or against the
  Commission shall be brought solely and exclusively in a
  court of competent jurisdiction where the principal office
  of the Commission is located. The Commission may waive
  venue and jurisdictional defenses to the extent it adopts
  or consents to participate in alternative dispute
  resolution proceedings.
       3.  Nothing in this Compact shall be construed to be a waiver
  of sovereign immunity.
  B.  Membership, Voting, and Meetings
       1.  The Commission shall consist of one voting representative
  appointed by each Compact State who shall serve as that
  state's Commissioner. The State Psychology Regulatory
  Authority shall appoint its delegate. This delegate shall
  be empowered to act on behalf of the Compact State. This
  delegate shall be limited to:
            a.  Executive Director, Executive Secretary or similar
  executive;
            b.  Current member of the State Psychology Regulatory
  Authority of a Compact State; OR
            c.  Designee empowered with the appropriate delegate
  authority to act on behalf of the Compact State.
       2.  Any Commissioner may be removed or suspended from office as
  provided by the law of the state from which the
  Commissioner is appointed. Any vacancy occurring in the
  Commission shall be filled in accordance with the laws of
  the Compact State in which the vacancy exists.
       3.  Each Commissioner shall be entitled to one (1) vote with
  regard to the promulgation of Rules and creation of Bylaws
  and shall otherwise have an opportunity to participate in
  the business and affairs of the Commission. A Commissioner
  shall vote in person or by such other means as provided in
  the Bylaws. The Bylaws may provide for Commissioners'
  participation in meetings by telephone or other means of
  communication.
       4.  The Commission shall meet at least once during each
  calendar year. Additional meetings shall be held as set
  forth in the Bylaws.
       5.  All meetings shall be open to the public, and public notice
  of meetings shall be given in the same manner as required
  under the rulemaking provisions in Article XI.
       6.  The Commission may convene in a closed, non-public meeting
  if the Commission must discuss:
            a.  Non-compliance of a Compact State with its obligations
  under the Compact;
            b.  The employment, compensation, discipline or other
  personnel matters, practices or procedures related to
  specific employees or other matters related to the
  Commission's internal personnel practices and
  procedures;
            c.  Current, threatened, or reasonably anticipated
  litigation against the Commission;
            d.  Negotiation of contracts for the purchase or sale of
  goods, services or real estate;
            e.  Accusation against any person of a crime or formally
  censuring any person;
            f.  Disclosure of trade secrets or commercial or financial
  information which is privileged or confidential;
            g.  Disclosure of information of a personal nature where
  disclosure would constitute a clearly unwarranted
  invasion of personal privacy;
            h.  Disclosure of investigatory records compiled for law
  enforcement purposes;
            i.  Disclosure of information related to any
  investigatory reports prepared by or on behalf of or
  for use of the Commission or other committee charged
  with responsibility for investigation or
  determination of compliance issues pursuant to the
  Compact; or
            j.  Matters specifically exempted from disclosure by
  federal and state statute.
       7.  If a meeting, or portion of a meeting, is closed pursuant
  to this provision, the Commission's legal counsel or
  designee shall certify that the meeting may be closed and
  shall reference each relevant exempting provision. The
  Commission shall keep minutes which fully and clearly
  describe all matters discussed in a meeting and shall
  provide a full and accurate summary of actions taken, of
  any person participating in the meeting, and the reasons
  therefore, including a description of the views expressed.
  All documents considered in connection with an action
  shall be identified in such minutes. All minutes and
  documents of a closed meeting shall remain under seal,
  subject to release only by a majority vote of the
  Commission or order of a court of competent jurisdiction.
  C.  The Commission shall, by a majority vote of the Commissioners,
  prescribe Bylaws and/or Rules to govern its conduct as may be
  necessary or appropriate to carry out the purposes and exercise
  the powers of the Compact, including but not limited to:
       1.  Establishing the fiscal year of the Commission;
       2.  Providing reasonable standards and procedures:
            a.  for the establishment and meetings of other
  committees; and
            b.  governing any general or specific delegation of any
  authority or function of the Commission;
       3.  Providing reasonable procedures for calling and conducting
  meetings of the Commission, ensuring reasonable advance
  notice of all meetings and providing an opportunity for
  attendance of such meetings by interested parties, with
  enumerated exceptions designed to protect the public's
  interest, the privacy of individuals of such proceedings,
  and proprietary information, including trade secrets. The
  Commission may meet in closed session only after a
  majority of the Commissioners vote to close a meeting to
  the public in whole or in part. As soon as practicable, the
  Commission must make public a copy of the vote to close the
  meeting revealing the vote of each Commissioner with no
  proxy votes allowed;
       4.  Establishing the titles, duties and authority and
  reasonable procedures for the election of the officers of
  the Commission;
       5.  Providing reasonable standards and procedures for the
  establishment of the personnel policies and programs of
  the Commission. Notwithstanding any civil service or other
  similar law of any Compact State, the Bylaws shall
  exclusively govern the personnel policies and programs of
  the Commission;
       6.  Promulgating a Code of Ethics to address permissible and
  prohibited activities of Commission members and
  employees;
       7.  Providing a mechanism for concluding the operations of the
  Commission and the equitable disposition of any surplus
  funds that may exist after the termination of the Compact
  after the payment and/or reserving of all of its debts and
  obligations;
       8.  The Commission shall publish its Bylaws in a convenient
  form and file a copy thereof and a copy of any amendment
  thereto, with the appropriate agency or officer in each of
  the Compact States;
       9.  The Commission shall maintain its financial records in
  accordance with the Bylaws; and
       10.  The Commission shall meet and take such actions as are
  consistent with the provisions of this Compact and the
  Bylaws.
  D.  The Commission shall have the following powers:
       1.  The authority to promulgate uniform rules to facilitate
  and coordinate implementation and administration of this
  Compact. The rule shall have the force and effect of law
  and shall be binding in all Compact States;
       2.  To bring and prosecute legal proceedings or actions in the
  name of the Commission, provided that the standing of any
  State Psychology Regulatory Authority or other regulatory
  body responsible for psychology licensure to sue or be
  sued under applicable law shall not be affected;
       3.  To purchase and maintain insurance and bonds;
       4.  To borrow, accept or contract for services of personnel,
  including, but not limited to, employees of a Compact
  State;
       5.  To hire employees, elect or appoint officers, fix
  compensation, define duties, grant such individuals
  appropriate authority to carry out the purposes of the
  Compact, and to establish the Commission's personnel
  policies and programs relating to conflicts of interest,
  qualifications of personnel, and other related personnel
  matters;
       6.  To accept any and all appropriate donations and grants of
  money, equipment, supplies, materials and services, and to
  receive, utilize and dispose of the same; provided that at
  all times the Commission shall strive to avoid any
  appearance of impropriety and/or conflict of interest;
       7.  To lease, purchase, accept appropriate gifts or donations
  of, or otherwise to own, hold, improve or use, any
  property, real, personal or mixed; provided that at all
  times the Commission shall strive to avoid any appearance
  of impropriety;
       8.  To sell, convey, mortgage, pledge, lease, exchange,
  abandon or otherwise dispose of any property real,
  personal or mixed;
       9.  To establish a budget and make expenditures;
       10.  To borrow money;
       11.  To appoint committees, including advisory committees
  comprised of Members, State regulators, State legislators
  or their representatives, and consumer representatives,
  and such other interested persons as may be designated in
  this Compact and the Bylaws;
       12.  To provide and receive information from, and to cooperate
  with, law enforcement agencies;
       13.  To adopt and use an official seal; and
       14.  To perform such other functions as may be necessary or
  appropriate to achieve the purposes of this Compact
  consistent with the state regulation of psychology
  licensure, temporary in-person, face-to-face practice and
  telepsychology practice.
  E.  The Executive Board
       The elected officers shall serve as the Executive Board, which
  shall have the power to act on behalf of the Commission
  according to the terms of this Compact.
       1.  The Executive Board shall be comprised of six members:
            a.  Five voting members who are elected from the current
  membership of the Commission by the Commission;
            b.  One ex-officio, nonvoting member from the recognized
  membership organization composed of State and
  Provincial Psychology Regulatory Authorities.
       2.  The ex-officio member must have served as staff or member
  on a State Psychology Regulatory Authority and will be
  selected by its respective organization.
       3.  The Commission may remove any member of the Executive Board
  as provided in Bylaws.
       4.  The Executive Board shall meet at least annually.
       5.  The Executive Board shall have the following duties and
  responsibilities:
            a.  Recommend to the entire Commission changes to the
  Rules or Bylaws, changes to this Compact legislation,
  fees paid by Compact States such as annual dues, and
  any other applicable fees;
            b.  Ensure Compact administration services are
  appropriately provided, contractual or otherwise;
            c.  Prepare and recommend the budget;
            d.  Maintain financial records on behalf of the
  Commission;
            e.  Monitor Compact compliance of member states and
  provide compliance reports to the Commission;
            f.  Establish additional committees as necessary; and
            g.  Other duties as provided in Rules or Bylaws.
  F.  Financing of the Commission
       1.  The Commission shall pay, or provide for the payment of the
  reasonable expenses of its establishment, organization
  and ongoing activities.
       2.  The Commission may accept any and all appropriate revenue
  sources, donations and grants of money, equipment,
  supplies, materials and services.
       3.  The Commission may levy on and collect an annual assessment
  from each Compact State or impose fees on other parties to
  cover the cost of the operations and activities of the
  Commission and its staff which must be in a total amount
  sufficient to cover its annual budget as approved each
  year for which revenue is not provided by other sources.
  The aggregate annual assessment amount shall be allocated
  based upon a formula to be determined by the Commission
  which shall promulgate a rule binding upon all Compact
  States.
       4.  The Commission shall not incur obligations of any kind
  prior to securing the funds adequate to meet the same; nor
  shall the Commission pledge the credit of any of the
  Compact States, except by and with the authority of the
  Compact State.
       5.  The Commission shall keep accurate accounts of all
  receipts and disbursements. The receipts and
  disbursements of the Commission shall be subject to the
  audit and accounting procedures established under its
  Bylaws. However, all receipts and disbursements of funds
  handled by the Commission shall be audited yearly by a
  certified or licensed public accountant and the report of
  the audit shall be included in and become part of the
  annual report of the Commission.
  G.  Qualified Immunity, Defense, and Indemnification
       1.  The members, officers, Executive Director, employees and
  representatives of the Commission shall be immune from
  suit and liability, either personally or in their official
  capacity, for any claim for damage to or loss of property
  or personal injury or other civil liability caused by or
  arising out of any actual or alleged act, error or omission
  that occurred, or that the person against whom the claim is
  made had a reasonable basis for believing occurred within
  the scope of Commission employment, duties or
  responsibilities; provided that nothing in this paragraph
  shall be construed to protect any such person from suit
  and/or liability for any damage, loss, injury or liability
  caused by the intentional or willful or wanton misconduct
  of that person.
       2.  The Commission shall defend any member, officer, Executive
  Director, employee or representative of the Commission in
  any civil action seeking to impose liability arising out
  of any actual or alleged act, error or omission that
  occurred within the scope of Commission employment, duties
  or responsibilities, or that the person against whom the
  claim is made had a reasonable basis for believing
  occurred within the scope of Commission employment, duties
  or responsibilities; provided that nothing herein shall be
  construed to prohibit that person from retaining his or
  her own counsel; and provided further, that the actual or
  alleged act, error or omission did not result from that
  person's intentional or willful or wanton misconduct.
       3.  The Commission shall indemnify and hold harmless any
  member, officer, Executive Director, employee or
  representative of the Commission for the amount of any
  settlement or judgment obtained against that person
  arising out of any actual or alleged act, error or omission
  that occurred within the scope of Commission employment,
  duties or responsibilities, or that such person had a
  reasonable basis for believing occurred within the scope
  of Commission employment, duties or responsibilities,
  provided that the actual or alleged act, error or omission
  did not result from the intentional or willful or wanton
  misconduct of that person.
  ARTICLE XI. RULEMAKING
  A.  The Commission shall exercise its rulemaking powers pursuant to
  the criteria set forth in this Article and the Rules adopted
  thereunder. Rules and amendments shall become binding as of the
  date specified in each rule or amendment.
  B.  If a majority of the legislatures of the Compact States rejects
  a rule, by enactment of a statute or resolution in the same
  manner used to adopt the Compact, then such rule shall have no
  further force and effect in any Compact State.
  C.  Rules or amendments to the rules shall be adopted at a regular
  or special meeting of the Commission.
  D.  Prior to promulgation and adoption of a final rule or Rules by
  the Commission, and at least sixty (60) days in advance of the
  meeting at which the rule will be considered and voted upon,
  the Commission shall file a Notice of Proposed Rulemaking:
       1.  On the website of the Commission; and
       2.  On the website of each Compact States' Psychology
  Regulatory Authority or the publication in which each
  state would otherwise publish proposed rules.
  E.  The Notice of Proposed Rulemaking shall include:
       1.  The proposed time, date, and location of the meeting in
  which the rule will be considered and voted upon;
       2.  The text of the proposed rule or amendment and the reason
  for the proposed rule;
       3.  A request for comments on the proposed rule from any
  interested person; and
       4.  The manner in which interested persons may submit notice to
  the Commission of their intention to attend the public
  hearing and any written comments.
  F.  Prior to adoption of a proposed rule, the Commission shall
  allow persons to submit written data, facts, opinions and
  arguments, which shall be made available to the public.
  G.  The Commission shall grant an opportunity for a public hearing
  before it adopts a rule or amendment if a hearing is requested
  by:
       1.  At least twenty-five (25) persons who submit comments
  independently of each other;
       2.  A governmental subdivision or agency; or
       3.  A duly appointed person in an association that has having
  at least twenty-five (25) members.
  H.  If a hearing is held on the proposed rule or amendment, the
  Commission shall publish the place, time, and date of the
  scheduled public hearing.
       1.  All persons wishing to be heard at the hearing shall notify
  the Executive Director of the Commission or other
  designated member in writing of their desire to appear and
  testify at the hearing not less than five (5) business days
  before the scheduled date of the hearing.
       2.  Hearings shall be conducted in a manner providing each
  person who wishes to comment a fair and reasonable
  opportunity to comment orally or in writing.
       3.  No transcript of the hearing is required, unless a written
  request for a transcript is made, in which case the person
  requesting the transcript shall bear the cost of producing
  the transcript. A recording may be made in lieu of a
  transcript under the same terms and conditions as a
  transcript. This subsection shall not preclude the
  Commission from making a transcript or recording of the
  hearing if it so chooses.
       4.  Nothing in this section shall be construed as requiring a
  separate hearing on each rule. Rules may be grouped for the
  convenience of the Commission at hearings required by this
  section.
  I.  Following the scheduled hearing date, or by the close of
  business on the scheduled hearing date if the hearing was not
  held, the Commission shall consider all written and oral
  comments received.
  J.  The Commission shall, by majority vote of all members, take
  final action on the proposed rule and shall determine the
  effective date of the rule, if any, based on the rulemaking
  record and the full text of the rule.
  K.  If no written notice of intent to attend the public hearing by
  interested parties is received, the Commission may proceed
  with promulgation of the proposed rule without a public
  hearing.
  L.  Upon determination that an emergency exists, the Commission may
  consider and adopt an emergency rule without prior notice,
  opportunity for comment, or hearing, provided that the usual
  rulemaking procedures provided in the Compact and in this
  section shall be retroactively applied to the rule as soon as
  reasonably possible, in no event later than ninety (90) days
  after the effective date of the rule. For the purposes of this
  provision, an emergency rule is one that must be adopted
  immediately in order to:
       1.  Meet an imminent threat to public health, safety, or
  welfare;
       2.  Prevent a loss of Commission or Compact State funds;
       3.  Meet a deadline for the promulgation of an administrative
  rule that is established by federal law or rule; or
       4.  Protect public health and safety.
  M.  The Commission or an authorized committee of the Commission may
  direct revisions to a previously adopted rule or amendment for
  purposes of correcting typographical errors, errors in format,
  errors in consistency, or grammatical errors. Public notice of
  any revisions shall be posted on the website of the Commission.
  The revision shall be subject to challenge by any person for a
  period of thirty (30) days after posting. The revision may be
  challenged only on grounds that the revision results in a
  material change to a rule. A challenge shall be made in
  writing, and delivered to the Chair of the Commission prior to
  the end of the notice period. If no challenge is made, the
  revision will take effect without further action. If the
  revision is challenged, the revision may not take effect
  without the approval of the Commission.
  ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
  A.  Oversight
       1.  The Executive, Legislative and Judicial branches of state
  government in each Compact State shall enforce this
  Compact and take all actions necessary and appropriate to
  effectuate the Compact's purposes and intent. The
  provisions of this Compact and the rules promulgated
  hereunder shall have standing as statutory law.
       2.  All courts shall take judicial notice of the Compact and
  the rules in any judicial or administrative proceeding in
  a Compact State pertaining to the subject matter of this
  Compact which may affect the powers, responsibilities or
  actions of the Commission.
       3.  The Commission shall be entitled to receive service of
  process in any such proceeding, and shall have standing to
  intervene in such a proceeding for all purposes. Failure
  to provide service of process to the Commission shall
  render a judgment or order void as to the Commission, this
  Compact or promulgated rules.
  B.  Default, Technical Assistance, and Termination
       1.  If the Commission determines that a Compact State has
  defaulted in the performance of its obligations or
  responsibilities under this Compact or the promulgated
  rules, the Commission shall:
            a.  Provide written notice to the defaulting state and
  other Compact States of the nature of the default, the
  proposed means of remedying the default and/or any
  other action to be taken by the Commission; and
            b.  Provide remedial training and specific technical
  assistance regarding the default.
       2.  If a state in default fails to remedy the default, the
  defaulting state may be terminated from the Compact upon
  an affirmative vote of a majority of the Compact States,
  and all rights, privileges and benefits conferred by this
  Compact shall be terminated on the effective date of
  termination. A remedy of the default does not relieve the
  offending state of obligations or liabilities incurred
  during the period of default.
       3.  Termination of membership in the Compact shall be imposed
  only after all other means of securing compliance have
  been exhausted. Notice of intent to suspend or terminate
  shall be submitted by the Commission to the Governor, the
  majority and minority leaders of the defaulting state's
  legislature, and each of the Compact States.
       4.  A Compact State which has been terminated is responsible
  for all assessments, obligations and liabilities incurred
  through the effective date of termination, including
  obligations which extend beyond the effective date of
  termination.
       5.  The Commission shall not bear any costs incurred by the
  state which is found to be in default or which has been
  terminated from the Compact, unless agreed upon in writing
  between the Commission and the defaulting state.
       6.  The defaulting state may appeal the action of the
  Commission by petitioning the U.S. District Court for the
  state of Georgia or the federal district where the Compact
  has its principal offices. The prevailing member shall be
  awarded all costs of such litigation, including reasonable
  attorney's fees.
  C.  Dispute Resolution
       1.  Upon request by a Compact State, the Commission shall
  attempt to resolve disputes related to the Compact which
  arise among Compact States and between Compact and
  Non-Compact States.
       2.  The Commission shall promulgate a rule providing for both
  mediation and binding dispute resolution for disputes that
  arise before the commission.
  D.  Enforcement
       1.  The Commission, in the reasonable exercise of its
  discretion, shall enforce the provisions and Rules of this
  Compact.
       2.  By majority vote, the Commission may initiate legal action
  in the United States District Court for the State of
  Georgia or the federal district where the Compact has its
  principal offices against a Compact State in default to
  enforce compliance with the provisions of the Compact and
  its promulgated Rules and Bylaws. The relief sought may
  include both injunctive relief and damages. In the event
  judicial enforcement is necessary, the prevailing member
  shall be awarded all costs of such litigation, including
  reasonable attorney's fees.
       3.  The remedies herein shall not be the exclusive remedies of
  the Commission. The Commission may pursue any other
  remedies available under federal or state law.
  ARTICLE XIII. DATE OF IMPLEMENTATION OF THE PSYCHOLOGY
  INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES,
  WITHDRAWAL, AND AMENDMENTS
  A.  The Compact shall come into effect on the date on which the
  Compact is enacted into law in the seventh Compact State. The
  provisions which become effective at that time shall be limited
  to the powers granted to the Commission relating to assembly
  and the promulgation of rules. Thereafter, the Commission
  shall meet and exercise rulemaking powers necessary to the
  implementation and administration of the Compact.
  B.  Any state which joins the Compact subsequent to the
  Commission's initial adoption of the rules shall be subject to
  the rules as they exist on the date on which the Compact becomes
  law in that state. Any rule which has been previously adopted
  by the Commission shall have the full force and effect of law on
  the day the Compact becomes law in that state.
  C.  Any Compact State may withdraw from this Compact by enacting a
  statute repealing the same.
       1.  A Compact State's withdrawal shall not take effect until
  six (6) months after enactment of the repealing statute.
       2.  Withdrawal shall not affect the continuing requirement of
  the withdrawing State's Psychology Regulatory Authority
  to comply with the investigative and adverse action
  reporting requirements of this act prior to the effective
  date of withdrawal.
  D.  Nothing contained in this Compact shall be construed to
  invalidate or prevent any psychology licensure agreement or
  other cooperative arrangement between a Compact State and a
  Non-Compact State which does not conflict with the provisions
  of this Compact.
  E.  This Compact may be amended by the Compact States. No amendment
  to this Compact shall become effective and binding upon any
  Compact State until it is enacted into the law of all Compact
  States.
  ARTICLE XIV. CONSTRUCTION AND SEVERABILITY
  This Compact shall be liberally construed so as to effectuate the
  purposes thereof. If this Compact shall be held contrary to the
  constitution of any state member thereto, the Compact shall remain
  in full force and effect as to the remaining Compact States.
         Sec. 501.602.  RULES ADOPTED UNDER COMPACT. The Psychology
  Interjurisdictional Compact Commission established under the
  Psychology Interjurisdictional Compact under Section 501.601 may
  not adopt rules that alter the requirements or scope of practice of
  a license issued under Chapter 501. Any rule adopted by the
  Psychology Interjurisdictional Compact Commission that purports to
  alter the requirements or scope of practice of a license issued
  under Chapter 501 is not enforceable.
         Sec. 501.603.  DISCLOSURE OF PERSONAL INFORMATION. (a) In
  reporting information to the Coordinated Licensure Information
  System under Article IX of the Psychology Interjurisdictional
  Compact, the executive council may disclose personally
  identifiable information about a person who holds a license under
  this chapter, including the person's social security number.
         (b)  The Coordinated Licensure Information System may not
  share personally identifiable information with a state that is not
  a party to the compact unless the state agrees to not disclose that
  information to any other person.
         SECTION 2.029.  Sections 502.002(2) and (5), Occupations
  Code, are amended to read as follows:
               (2)  "Executive council" ["Commissioner"] means the
  Texas Behavioral Health Executive Council [commissioner of state
  health services].
               (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
  [board-approved] supervisor approved by the executive council.
         SECTION 2.030.  The heading to Section 502.053, Occupations
  Code, is amended to read as follows:
         Sec. 502.053.  MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
         SECTION 2.031.  Sections 502.053(b) and (c), Occupations
  Code, are amended to read as follows:
         (b)  A person may not be a member of the board [and may not be
  a department employee employed in a "bona fide executive,
  administrative, or professional capacity," as that phrase is used
  for purposes of establishing an exemption to the overtime
  provisions of the federal Fair Labor Standards Act of 1938 (29
  U.S.C. Section 201 et seq.)] if:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in the field of health
  services; or
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas trade association in the field of mental
  health.
         (c)  A person may not be a member of the board [or act as
  general counsel to the board or the department] if the person is
  required to register as a lobbyist under Chapter 305, Government
  Code, because of the person's activities for compensation on behalf
  of a profession related to the operation of the board.
         SECTION 2.032.  Section 502.056(c), Occupations Code, is
  amended to read as follows:
         (c)  If the executive director of the executive council has
  knowledge that a potential ground for removal exists, the executive
  director shall notify the presiding officer of the board of the
  potential ground.  The presiding officer shall then notify the
  governor and the attorney general that a potential ground for
  removal exists. If the potential ground for removal involves the
  presiding officer, the executive director shall notify the next
  highest ranking officer of the board, who shall then notify the
  governor and attorney general that a potential ground for removal
  exists.
         SECTION 2.033.  Section 502.059, Occupations Code, is
  amended by amending Subsection (b) and adding Subsection (d) to
  read as follows:
         (b)  The training program must provide the person with
  information regarding:
               (1)  the law governing board operations [this chapter];
               (2)  the programs, [operated by the board;
               [(3)  the role and] functions, [of the board;
               [(4)  the] rules, and [of the board, with an emphasis on
  the rules that relate to disciplinary and investigatory authority;
               [(5)  the current] budget of [for] the board;
               (3)  the scope of and limitations on the rulemaking
  authority of the board;
               (4) [(6)]  the results of the most recent formal audit
  of the board;
               (5) [(7)]  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing conflicts
  [conflict] of interest; and
                     (B)  other laws applicable to members of the board
  in performing their duties; and
               (6) [(8)]  any applicable ethics policies adopted by
  the board or the Texas Ethics Commission.
         (d)  The executive director of the executive council shall
  create a training manual that includes the information required by
  Subsection (b).  The executive director shall distribute a copy of
  the training manual annually to each board member. On receipt of
  the training manual, each board member shall sign and submit to the
  executive director a statement acknowledging receipt of the
  training manual.
         SECTION 2.034.  The heading to Subchapter D, Chapter 502,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER D. [BOARD] POWERS AND DUTIES
         SECTION 2.035.  Section 502.151, Occupations Code, is
  amended to read as follows:
         Sec. 502.151.  GENERAL POWERS AND DUTIES OF EXECUTIVE
  COUNCIL [BOARD]. The executive council [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 2.036.  Subchapter D, Chapter 502, Occupations Code,
  is amended by adding Section 502.1515 to read as follows:
         Sec. 502.1515.  BOARD DUTIES. The board shall propose to the
  executive council:
               (1)  rules regarding:
                     (A)  the qualifications necessary to obtain a
  license, including rules limiting an applicant's eligibility for a
  license based on the applicant's criminal history;
                     (B)  the scope of practice of and standards of
  care and ethical practice for marriage and family therapy; and
                     (C)  continuing education requirements for
  license holders; and
               (2)  a schedule of sanctions for violations of this
  chapter or rules adopted under this chapter.
         SECTION 2.037.  Section 502.155, Occupations Code, is
  amended to read as follows:
         Sec. 502.155.  POWERS AND DUTIES REGARDING EXAMINATION. The
  executive council [board] shall:
               (1)  determine the times and places for licensing
  examinations;
               (2)  offer examinations at least semiannually; and
               (3)  give reasonable public notice of the examinations
  in the manner provided by executive council [board] rules.
         SECTION 2.038.  Section 502.159, Occupations Code, is
  amended to read as follows:
         Sec. 502.159.  EX PARTE COMMUNICATION PROHIBITED. A [board]
  member of the executive council or an [department] employee of the
  executive council 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 executive council [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 2.039.  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 with the executive
  council [board] on a form prescribed by the executive council
  [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
  executive council [board];
               (3)  pass the license examination and jurisprudence
  examination required under this chapter [determined by the 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 executive council [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
  executive council [board];
               (5)  [be of good moral character;
               [(6)]  have not been convicted of a felony or a crime
  involving moral turpitude;
               (6) [(7)]  not use drugs or alcohol to an extent that
  affects the applicant's professional competency;
               (7) [(8)]  not have had a license or certification
  revoked by a licensing agency or by a certifying professional
  organization; and
               (8) [(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 consisting of [which:
                     [(A)]  at least 1,500 hours [consist] of direct
  clinical services, including a minimum number of [; and
                     [(B)  at least 750] hours providing [consist of]
  direct clinical services to couples or families as required by
  executive council rule; and
               (3)  has completed, in a manner acceptable to the
  executive council [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 2.040.  Sections 502.253(a), (b), and (c),
  Occupations Code, are amended to read as follows:
         (a)  The executive council [board] shall investigate each
  application and any other information submitted by the applicant.
         (b)  Not later than the 90th day after the date the executive
  council [board] receives the completed application from a person
  seeking a license as a licensed marriage and family therapist
  associate, the executive council [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 executive council
  [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 2.041.  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 on a form prescribed by the
  executive council [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 executive council [board] shall have any written
  portion of an examination validated by an independent testing
  professional.
         SECTION 2.042.  Section 502.2541, Occupations Code, is
  amended to read as follows:
         Sec. 502.2541.  JURISPRUDENCE EXAMINATION. (a) The
  executive council [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 executive council [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 2.043.  Section 502.2545, Occupations Code, is
  amended to read as follows:
         Sec. 502.2545.  WAIVER OF EXAMINATION FOR CERTAIN
  APPLICANTS. (a) The executive council [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 executive council [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 executive council [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 executive council [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 2.044.  Section 502.257, Occupations Code, is
  amended to read as follows:
         Sec. 502.257.  ISSUANCE OF LICENSE. The executive council
  [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
  executive council [board] exempts the person from the examination
  requirement; and
               (3)  pays the required fees.
         SECTION 2.045.  Section 502.258(a), Occupations Code, is
  amended to read as follows:
         (a)  The executive council [board] by rule may provide for
  the issuance of a temporary license.
         SECTION 2.046.  Section 502.259, Occupations Code, is
  amended to read as follows:
         Sec. 502.259.  PROVISIONAL LICENSE. (a) The executive
  council [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 executive council
  [board]; and
                     (B)  relates to marriage and family therapy; and
               (3)  be sponsored by a person licensed by the executive
  council [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 executive council [board] determines that
  compliance with that subsection constitutes a hardship to the
  applicant.
         (d)  A provisional license is valid until the date the
  executive council [board] approves or denies the provisional
  license holder's application for a license under Section 502.257.
  The executive council [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 executive council [board] may extend this period to allow for
  the receipt and tabulation of pending examination results.
         (e)  The executive council [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 executive council [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 2.047.  Sections 502.260(a), (b), and (d),
  Occupations Code, are amended to read as follows:
         (a)  The executive council [board] may place a license
  holder's license under this chapter on inactive status if the
  holder is not actively engaged in the practice of marriage and
  family therapy and the holder submits a written request to the
  executive council [board] before the expiration of the holder's
  license.
         (b)  The executive council [board] shall maintain a list of
  each license holder whose license is on inactive status.
         (d)  The executive council [board] shall remove the license
  holder's license from inactive status if the person:
               (1)  notifies the executive council [board] in writing
  that the person intends to return to active practice;
               (2)  pays an administrative fee; and
               (3)  complies with educational or other requirements
  the executive council [board] adopts by rule.
         SECTION 2.048.  Section 502.261(b), Occupations Code, is
  amended to read as follows:
         (b)  Each license holder shall notify the executive council
  [board] of the license holder's current address.
         SECTION 2.049.  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 executive council [board] shall adopt a
  system under which licenses expire on various dates during the
  year.
         SECTION 2.050.  The heading to Subchapter H, Chapter 502,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER H. DISCIPLINARY ACTIONS [AND PROCEDURES]
         SECTION 2.051.  Section 502.351, Occupations Code, is
  amended to read as follows:
         Sec. 502.351.  GROUNDS FOR DISCIPLINARY ACTIONS. The
  executive council [board] shall take disciplinary action under
  Subchapter G, Chapter 507, against [reprimand] a license holder
  who[, 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 2.052.  Section 502.357, Occupations Code, is
  amended to read as follows:
         Sec. 502.357.  GROUNDS FOR REFUSING RENEWAL. The executive
  council [board] may refuse to renew the license of a person who
  fails to pay an administrative penalty imposed under Subchapter H,
  Chapter 507, [I] unless enforcement of the penalty is stayed or a
  court has ordered that the administrative penalty is not owed.
         SECTION 2.053.  Section 502.358, Occupations Code, is
  amended to read as follows:
         Sec. 502.358.  REFUND. (a) Subject to Subsection (b), the
  executive council [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 Subchapter H, Chapter 507 [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 executive council [board]
  may not require payment of other damages or estimate harm in a
  refund order.
         SECTION 2.054.  The heading to Subchapter J, Chapter 502,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER J. CRIMINAL PENALTY [OTHER PENALTIES AND ENFORCEMENT
  PROVISIONS]
         SECTION 2.055.  Section 503.002(2), Occupations Code, is
  amended to read as follows:
               (2)  "Executive council" ["Department"] means the
  Texas Behavioral Health Executive Council [Department of State
  Health Services].
         SECTION 2.056.  The heading to Section 503.104, Occupations
  Code, is amended to read as follows:
         Sec. 503.104.  MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
         SECTION 2.057.  Sections 503.104(b) and (c), Occupations
  Code, are amended to read as follows:
         (b)  A person may not be a member of the board [and may not be
  a department employee employed in a "bona fide executive,
  administrative, or professional capacity," as that phrase is used
  for purposes of establishing an exemption to the overtime
  provisions of the federal Fair Labor Standards Act of 1938 (29
  U.S.C. Section 201 et seq.)] if:
               (1)  the person is an officer, employee, manager, or
  paid consultant of a Texas trade association in the field of health
  care; or
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas trade association in the field of mental
  health.
         (c)  A person may not be a member of the board [or act as the
  general counsel to the board or the department] if the person is
  required to register as a lobbyist under Chapter 305, Government
  Code, because of the person's activities for compensation on behalf
  of a profession related to the operation of the board.
         SECTION 2.058.  Section 503.107(c), Occupations Code, is
  amended to read as follows:
         (c)  If the executive director of the executive council has
  knowledge that a potential ground for removal exists, the executive
  director shall notify the presiding officer of the board of the
  potential ground.  The presiding officer shall then notify the
  governor and the attorney general that a potential ground for
  removal exists. If the potential ground for removal involves the
  presiding officer, the executive director shall notify the next
  highest ranking officer of the board, who shall then notify the
  governor and attorney general that a potential ground for removal
  exists.
         SECTION 2.059.  Section 503.110, Occupations Code, is
  amended by amending Subsection (b) and adding Subsection (d) to
  read as follows:
         (b)  The training program must provide the person with
  information regarding:
               (1)  the law governing board operations;
               (2)  [this chapter and] the [board's] programs,
  functions, rules, and budget of the board;
               (3)  the scope of and limitations on the rulemaking
  authority of the board;
               (4) [(2)]  the results of the most recent formal audit
  of the board;
               (5) [(3)]  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing
  conflicts-of-interest; and
                     (B)  other laws applicable to members of the board
  in performing their duties; and
               (6) [(4)]  any applicable ethics policies adopted by
  the board or the Texas Ethics Commission.
         (d)  The executive director of the executive council shall
  create a training manual that includes the information required by
  Subsection (b).  The executive director shall distribute a copy of
  the training manual annually to each board member. On receipt of
  the training manual, each board member shall sign and submit to the
  executive director a statement acknowledging receipt of the
  training manual.
         SECTION 2.060.  The heading to Subchapter E, Chapter 503,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER E. [BOARD] POWERS AND DUTIES
         SECTION 2.061.  Section 503.201, Occupations Code, is
  amended to read as follows:
         Sec. 503.201.  GENERAL POWERS AND DUTIES OF EXECUTIVE
  COUNCIL. (a) The executive council [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; and
               (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].
         (b)  The executive council [board] may request and shall
  receive the assistance of a state educational institution or other
  state agency.
         SECTION 2.062.  Subchapter E, Chapter 503, Occupations Code,
  is amended by adding Section 503.2015 to read as follows:
         Sec. 503.2015.  BOARD DUTIES. The board shall propose to the
  executive council:
               (1)  rules regarding:
                     (A)  the qualifications necessary to obtain a
  license, including rules limiting an applicant's eligibility for a
  license based on the applicant's criminal history;
                     (B)  the scope of practice of and standards of
  care and ethical practice for professional counseling; and
                     (C)  continuing education requirements for
  license holders; and
               (2)  a schedule of sanctions for violations of this
  chapter or rules adopted under this chapter.
         SECTION 2.063.  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 executive council
  [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 executive council
  [board];
               (4)  has completed the number of supervised experience
  hours required by executive council [board] rule, which may not be
  less than 3,000 hours working in a counseling setting that meets the
  requirements established by the executive council [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 as required by the
  executive council [board], accompanied by the required application
  fee; and
               (7)  meets any other requirement prescribed by the
  executive council [board].
         (b) [(d)]  In establishing the standards described by
  Subsection (a)(3)(B), the executive council [board] shall review
  and consider the standards as developed by the appropriate
  professional association.
         (c) [(e)]  The executive council [board] may require the
  statements on a license application to be made under oath.
         SECTION 2.064.  Section 503.303(b), Occupations Code, is
  amended to read as follows:
         (b)  The executive council [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 executive council [board] rule.
         SECTION 2.065.  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
  executive council [board] shall notify the applicant that the
  application and evidence submitted are:
               (1)  satisfactory and accepted; or
               (2)  unsatisfactory and rejected.
         (b)  If the executive council [board] rejects an
  application, the executive council [board] shall state in the
  notice the reasons for the rejection.
         SECTION 2.066.  Section 503.305, Occupations Code, is
  amended to read as follows:
         Sec. 503.305.  LICENSE EXAMINATION. (a) The executive
  council [board] shall administer examinations to determine the
  competence of qualified applicants at least twice each calendar
  year.
         (b)  The executive council [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 2.067.  Section 503.3055, Occupations Code, is
  amended to read as follows:
         Sec. 503.3055.  JURISPRUDENCE EXAMINATION. (a) The
  executive council [board] shall develop and administer at least
  twice each calendar year a jurisprudence examination to determine
  an applicant's knowledge of this chapter, executive council [board]
  rules, and any other applicable laws of this state affecting the
  applicant's professional counseling practice.
         (b)  The executive council [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 2.068.  Section 503.308, Occupations Code, is
  amended to read as follows:
         Sec. 503.308.  TEMPORARY LICENSE. (a) The executive
  council [board] by rule may provide for the issuance of a temporary
  license. Rules adopted under this subsection must provide a time
  limit for the period a temporary license is valid.
         (b)  The executive council [board] by rule may adopt a system
  under which a temporary license may be issued to a person who:
               (1)  meets all of the academic requirements for
  licensing; and
               (2)  enters into a supervisory agreement with a
  supervisor approved by the executive council [board].
         SECTION 2.069.  Sections 503.310(a), (c), and (d),
  Occupations Code, are amended to read as follows:
         (a)  On application and payment of applicable fees, the
  executive council [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 executive
  council [board].
         (c)  An applicant is not required to comply with Subsection
  (b)(3) if the executive council [board] determines that compliance
  with that subsection is a hardship to the applicant.
         (d)  A provisional license is valid until the date the
  executive council [board] approves or denies the provisional
  license holder's application for a license under Section 503.311.
         SECTION 2.070.  Section 503.311, Occupations Code, is
  amended to read as follows:
         Sec. 503.311.  ISSUANCE OF LICENSE TO PROVISIONAL LICENSE
  HOLDER. (a) The executive council [board] shall issue a license to
  the holder of a provisional license who applies for a license if:
               (1)  the executive council [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 executive council [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 next licensing and jurisprudence examinations
  [examination].
         SECTION 2.071.  Sections 503.312(a) and (c), Occupations
  Code, are amended to read as follows:
         (a)  On request of a person licensed under this chapter, the
  executive council [board] shall place the person's license on
  inactive status.
         (c)  A person whose license is inactive may apply to
  reactivate the license. The executive council [board] shall
  reactivate the license if the applicant:
               (1)  pays a license fee;
               (2)  is not in violation of this chapter when the
  applicant applies to reactivate the license; and
               (3)  fulfills the requirements provided by executive
  council [board] rule for the holder of an inactive license.
         SECTION 2.072.  Section 503.313, Occupations Code, is
  amended to read as follows:
         Sec. 503.313.  RETIREMENT STATUS. The executive council
  [board] by rule may adopt a system for placing a person licensed
  under this chapter on retirement status.
         SECTION 2.073.  Section 503.314(b), Occupations Code, is
  amended to read as follows:
         (b)  A license certificate issued by the executive council
  [board] is the property of the executive council [board] and must be
  surrendered on demand.
         SECTION 2.074.  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 executive council [board].
         SECTION 2.075.  Section 503.352, Occupations Code, is
  amended to read as follows:
         Sec. 503.352.  LICENSE EXPIRATION DATE. The executive
  council [board] shall adopt a system under which licenses expire on
  various dates during the year. On renewal of the license on the
  expiration date, the total license renewal fee is payable.
         SECTION 2.076.  Section 503.353, Occupations Code, is
  amended to read as follows:
         Sec. 503.353.  NOTICE OF LICENSE EXPIRATION. Not later than
  the 30th day before the expiration date of a person's license, the
  executive council [board] shall send written notice of the
  impending license expiration to the person at the person's last
  known address according to the executive council's [board's]
  records.
         SECTION 2.077.  The heading to Subchapter I, Chapter 503,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER I. DISCIPLINARY ACTIONS [PROCEDURES]
         SECTION 2.078.  Section 503.401(a), Occupations Code, is
  amended to read as follows:
         (a)  A person licensed under this chapter is subject to
  disciplinary action under Subchapter G, Chapter 507, [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.
         SECTION 2.079.  Section 503.407, Occupations Code, is
  amended to read as follows:
         Sec. 503.407.  REFUND. (a) Subject to Subsection (b), the
  executive council [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 Subchapter H, Chapter 507 [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 executive council [board]
  may not require payment of other damages or estimate harm in a
  refund order.
         SECTION 2.080.  Section 503.453, Occupations Code, is
  amended to read as follows:
         Sec. 503.453.  REPORT OF ALLEGED OFFENSE. The executive
  council [board] shall notify the appropriate prosecuting attorney
  of an alleged offense committed under this chapter.
         SECTION 2.081.  Section 505.002, Occupations Code, is
  amended to read as follows:
         Sec. 505.002.  DEFINITIONS. In this chapter:
               (1) [(2)]  "Board" means the Texas State Board of
  Social Worker Examiners.
               (2) [(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 executive council [board].
               (3)  "Executive council" means the Texas Behavioral
  Health Executive Council.
               (4)  ["Department" means the Department of State Health
  Services.
               [(4-a)]  "Licensed baccalaureate social worker" means
  a person who holds a baccalaureate social worker license issued [by
  the board] under this chapter.
               (5) [(4-b)]  "Licensed clinical social worker" means a
  person who holds a clinical social worker license issued [by the
  board] under this chapter.
               (6) [(5)]  "Licensed master social worker" means a
  person who holds a master social worker license issued [by the
  board] under this chapter.
               (7) [(6)]  "Licensed social worker" means a person who
  holds a social worker license issued [by the board] under this
  chapter.
               (8) [(9)]  "Social worker" means a person who holds any
  license issued [by the board] under this chapter.
         SECTION 2.082.  Section 505.102(b), Occupations Code, is
  amended to read as follows:
         (b)  A person is not eligible for appointment as a public
  member of the board if:
               (1)  the person is registered, certified, or licensed
  by an occupational regulatory agency in the field of health care;
               (2)  the person's spouse is registered, certified, or
  licensed by an occupational regulatory agency in the field of
  mental health; or
               (3)  the person or the person's spouse:
                     (A)  is employed by or participates in the
  management of a business entity or other organization regulated by
  or receiving funds from the board or executive council 
  [department];
                     (B)  owns or controls, directly or indirectly,
  more than a 10 percent interest in a business entity or other
  organization regulated by or receiving funds from the board or
  executive council [department]; or
                     (C)  uses or receives a substantial amount of
  tangible goods, services, or funds from the board or executive
  council [department], other than compensation or reimbursement
  authorized by law for board membership, attendance, or expenses.
         SECTION 2.083.  The heading to Section 505.103, Occupations
  Code, is amended to read as follows:
         Sec. 505.103.  MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
         SECTION 2.084.  Sections 505.103(b) and (c), Occupations
  Code, are amended to read as follows:
         (b)  A person may not be a member of the board [and may not be
  an employee of the department employed in a "bona fide executive,
  administrative, or professional capacity," as that phrase is used
  for purposes of establishing an exemption to the overtime
  provisions of the federal Fair Labor Standards Act of 1938 (29
  U.S.C. Section 201 et seq.)] if:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in the field of health care;
  or
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas trade association in the field of mental
  health.
         (c)  A person may not be a member of the board [or act as
  general counsel to the board or the department] if the person is
  required to register as a lobbyist under Chapter 305, Government
  Code, because of the person's activities for compensation on behalf
  of a profession related to the operation of the board.
         SECTION 2.085.  Section 505.109, Occupations Code, is
  amended by amending Subsection (b) and adding Subsection (d) to
  read as follows:
         (b)  The training program must provide the person with
  information regarding:
               (1)  the law governing [legislation that created the]
  board operations;
               (2)  [and] the [board's] programs, functions, rules,
  and budget of the board;
               (3)  the scope of and limitations on the rulemaking
  authority of the board;
               (4) [(2)]  the results of the most recent formal audit
  of the board;
               (5) [(3)]  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing conflicts of
  interest; and
                     (B)  other laws applicable to members of the board
  in performing their duties; and
               (6) [(4)]  any applicable ethics policies adopted by
  the board or the Texas Ethics Commission.
         (d)  The executive director of the executive council shall
  create a training manual that includes the information required by
  Subsection (b). The executive director shall distribute a copy of
  the training manual annually to each board member. On receipt of
  the training manual, each board member shall sign and submit to the
  executive director a statement acknowledging receipt of the
  training manual.
         SECTION 2.086.  Section 505.201, Occupations Code, is
  amended to read as follows:
         Sec. 505.201.  GENERAL RULEMAKING AND ENFORCEMENT AUTHORITY
  OF EXECUTIVE COUNCIL. (a) The executive council [board] may:
               (1)  adopt and enforce rules necessary to perform the
  executive council's [board's] duties under this chapter;
               (2)  establish standards of conduct and ethics for
  license holders; and
               (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 executive council [board] by rule may define a
  term not defined under Section 505.002 if a definition is necessary
  to administer or enforce this chapter.
         (c) [(e)]  For each type of license issued under this
  chapter, the executive council [board] shall establish:
               (1)  the minimum eligibility requirements;
               (2)  educational requirements;
               (3)  professional experience criteria;
               (4)  supervision requirements; and
               (5)  independent practice criteria.
         (d) [(f)]  The executive council [board] shall establish
  procedures for recognition of independent practice.
         SECTION 2.087.  Subchapter D, Chapter 505, Occupations Code,
  is amended by adding Section 505.2015 to read as follows:
         Sec. 505.2015.  BOARD DUTIES. The board shall propose to the
  executive council:
               (1)  rules regarding:
                     (A)  the qualifications necessary to obtain a
  license or order of recognition of specialty, including rules
  limiting an applicant's eligibility for a license or order based on
  the applicant's criminal history;
                     (B)  the scope of practice of and standards of
  care and ethical practice for social work; and
                     (C)  continuing education requirements for
  license holders or holders of orders of recognition of specialty;
  and
               (2)  a schedule of sanctions for violations of this
  chapter or rules adopted under this chapter.
         SECTION 2.088.  Section 505.206, Occupations Code, is
  amended to read as follows:
         Sec. 505.206.  ROSTER OF INDEPENDENT SOCIAL WORKERS. The
  executive council [board] shall publish a roster of persons
  recognized under Section 505.307 as qualified for the independent
  practice of social work.
         SECTION 2.089.  Section 505.301, Occupations Code, is
  amended to read as follows:
         Sec. 505.301.  ESTABLISHMENT OF SPECIALTY AREA. (a) The
  executive council [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 executive council [board] may not authorize a
  specialty area within the practice of social work unless the
  executive council [board] sets the minimum qualifications for
  social work practice with appropriate supervision and examination,
  as determined by the executive council [board].
         (c)  The executive council [board] may not establish a
  specialty area of social work or a specialty area identification
  that conflicts with a state licensing law.
         SECTION 2.090.  Section 505.302(a), Occupations Code, is
  amended to read as follows:
         (a)  In establishing a specialty area of social work, the
  executive council [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 2.091.  Sections 505.303(a) and (c), Occupations
  Code, are amended to read as follows:
         (a)  The executive council [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 executive council [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
  executive council [board]; and
               (2)  a [board-approved] title approved by the executive
  council under this subsection has the same meaning and effect as the
  title "Licensed Clinical Social Worker."
         SECTION 2.092.  Section 505.304, Occupations Code, is
  amended to read as follows:
         Sec. 505.304.  ORDER OF RECOGNITION OF SPECIALTY. (a) The
  executive council [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 2.093.  Section 505.305, Occupations Code, is
  amended to read as follows:
         Sec. 505.305.  RECOGNITION OF SPECIALTY; ISSUANCE OF ORDER.
  (a) The executive council [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 executive council [board] and the executive
  council [board] determines that the person is worthy of the public
  trust in performing services within the scope of the specialty
  area.
         (b)  The executive council [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 executive council
  [board].
         SECTION 2.094.  Section 505.306, Occupations Code, is
  amended to read as follows:
         Sec. 505.306.  PROHIBITED USE OF SPECIALTY AREA
  IDENTIFICATION OR TITLE. If the executive council [board]
  establishes a specialty area of social work, a social worker may not
  use the specialty area identification or title designated by the
  executive council [board] unless the person is recognized as
  qualified for the practice of the specialty area under this
  chapter.
         SECTION 2.095.  Section 505.307, Occupations Code, is
  amended to read as follows:
         Sec. 505.307.  INDEPENDENT PRACTICE RECOGNITION; MINIMUM
  QUALIFICATIONS. (a) The executive council [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 executive council [board].
         SECTION 2.096.  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
  executive council [board]. The application must:
               (1)  be on a form prescribed by the executive council
  [board]; and
               (2)  contain statements made under oath regarding the
  applicant's education and experience and any other information
  required by the executive council [board] that qualifies the
  applicant for a license.
         SECTION 2.097.  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
  executive council [board] under Section 505.354 and the
  jurisprudence examination conducted by the executive council
  [board] under Section 505.3545.
         (b)  An applicant may take the licensing examination
  conducted by the executive council [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 executive council
  [board] and meets the qualifications for clinical social work
  practice as determined by the executive council [board] under this
  chapter.
         (c)  The executive council [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 2.098.  Sections 505.354(a), (b), and (e),
  Occupations Code, are amended to read as follows:
         (a)  The executive council [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 executive council [board] and is fair and
  impartial to each applicant and school or system of social work.
         (e)  The executive council [board] shall have the written
  portion of the examination, if any, validated by an independent
  testing entity.
         SECTION 2.099.  Section 505.3545, Occupations Code, is
  amended to read as follows:
         Sec. 505.3545.  JURISPRUDENCE EXAMINATION. (a) The
  executive council [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 executive council [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 2.100.  Section 505.357(a), Occupations Code, is
  amended to read as follows:
         (a)  The executive council [board] shall issue a temporary
  license to an applicant who:
               (1)  has not taken the licensing examination under
  Section 505.354 or the jurisprudence examination under Section
  505.3545; and
               (2)  satisfies the requirements for obtaining a license
  under this chapter other than passing the licensing and
  jurisprudence examinations.
         SECTION 2.101.  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 executive council [board] may not require an
  applicant who is licensed in good standing in another state to pass
  a licensing examination conducted by the executive council [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 executive council [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 executive council
  [board] determines that the applicant:
                           (i)  demonstrates sufficient experience and
  competence;
                           (ii)  has passed the jurisprudence
  examination conducted by the executive council [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 executive
  council [board] credentials that the applicant obtained from a
  national accreditation organization and the executive council
  [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 executive council
  [board] may take into consideration any supervision received by the
  applicant in another state or jurisdiction if the executive council
  [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 2.102.  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 executive
  council [board]. The executive council [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 or jurisdiction that has licensing
  or certification requirements determined by the executive council
  [board] to be substantially equivalent to the requirements of this
  chapter;
               (2)  have passed a national or other examination
  recognized by the executive council [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 executive council [board] determines that compliance
  constitutes a hardship to the applicant.
         (d)  A provisional license is valid until the date the
  executive council [board] approves or denies the provisional
  license holder's application for a license under Section 505.359.
         SECTION 2.103.  Section 505.359, Occupations Code, is
  amended to read as follows:
         Sec. 505.359.  ISSUANCE OF LICENSE TO PROVISIONAL LICENSE
  HOLDER. (a) The executive council [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 executive council [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 executive council [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 executive council [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 2.104.  Section 505.401(a-1), Occupations Code, is
  amended to read as follows:
         (a-1)  The executive council [board] by rule shall adopt a
  system under which licenses and orders of recognition of specialty
  expire on various dates during the year.
         SECTION 2.105.  Section 505.405, Occupations Code, is
  amended to read as follows:
         Sec. 505.405.  GROUNDS FOR REFUSING RENEWAL. The executive
  council [board] may refuse to renew the license of a person who
  fails to pay an administrative penalty imposed under Subchapter H,
  Chapter 507, [K] unless enforcement of the penalty is stayed or a
  court has ordered that the administrative penalty is not owed.
         SECTION 2.106.  The heading to Subchapter I, Chapter 505,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER I. [DENIAL OF LICENSE OR ORDER AND] DISCIPLINARY ACTION
  [PROCEDURES]
         SECTION 2.107.  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 executive
  council [board] shall take disciplinary action under Subchapter G,
  Chapter 507, against a person [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 executive council [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
  executive council [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 2.108.  Section 505.454(a), Occupations Code, is
  amended to read as follows:
         (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 executive council [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.
         SECTION 2.109.  Section 505.458, Occupations Code, is
  amended to read as follows:
         Sec. 505.458.  REFUND. (a) Subject to Subsection (b), the
  executive council [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 executive council [board]
  may not require payment of other damages or estimate harm in a
  refund order.
         SECTION 2.110.  Section 505.505, Occupations Code, is
  amended to read as follows:
         Sec. 505.505.  APPEAL BOND NOT REQUIRED. The executive
  council [board or department] is not required to post an appeal bond
  in any action arising under this chapter.
         SECTION 2.111.  Section 505.506, Occupations Code, is
  amended to read as follows:
         Sec. 505.506.  REPRESENTATION BY ATTORNEY GENERAL. The
  attorney general shall represent the executive council [board or
  department] in an action brought to enforce this chapter.
         SECTION 2.112.  The following provisions of the Occupations
  Code are repealed:
               (1)  Section 501.002(3);
               (2)  Section 501.005;
               (3)  Subchapter C, Chapter 501;
               (4)  Sections 501.151(a) and (b);
               (5)  Section 501.152;
               (6)  Section 501.154;
               (7)  Section 501.156;
               (8)  Section 501.157;
               (9)  Section 501.160;
               (10)  Section 501.161;
               (11)  Section 501.162;
               (12)  Subchapter E, Chapter 501;
               (13)  Sections 501.252(b), (c), and (d);
               (14)  Section 501.254;
               (15)  Sections 501.256(e), (f), and (g);
               (16)  Section 501.2561;
               (17)  Section 501.257;
               (18)  Section 501.258;
               (19)  Section 501.261(b);
               (20)  Section 501.302;
               (21)  Section 501.303;
               (22)  Section 501.304;
               (23)  Section 501.402;
               (24)  Section 501.403;
               (25)  Section 501.404;
               (26)  Section 501.405;
               (27)  Section 501.406;
               (28)  Section 501.409;
               (29)  Section 501.410;
               (30)  Subchapter J, Chapter 501;
               (31)  Section 501.501;
               (32)  Section 501.502;
               (33)  Section 501.504;
               (34)  Section 502.002(3);
               (35)  Section 502.003;
               (36)  Subchapter C, Chapter 502;
               (37)  Section 502.152;
               (38)  Section 502.153;
               (39)  Section 502.154;
               (40)  Section 502.156;
               (41)  Section 502.1565;
               (42)  Section 502.157;
               (43)  Section 502.158;
               (44)  Section 502.161;
               (45)  Section 502.162;
               (46)  Section 502.163;
               (47)  Subchapter E, Chapter 502;
               (48)  Section 502.255;
               (49)  Section 502.256;
               (50)  Sections 502.301(b), (c), (d), and (e);
               (51)  Section 502.302;
               (52)  Section 502.303;
               (53)  Section 502.352;
               (54)  Section 502.353;
               (55)  Section 502.354;
               (56)  Section 502.355;
               (57)  Section 502.356;
               (58)  Subchapter I, Chapter 502;
               (59)  Section 502.451;
               (60)  Section 502.452;
               (61)  Section 502.453;
               (62)  Section 502.455;
               (63)  Section 503.005;
               (64)  Subchapter D, Chapter 503;
               (65)  Section 503.202;
               (66)  Section 503.203;
               (67)  Section 503.204;
               (68)  Section 503.2045;
               (69)  Section 503.205;
               (70)  Section 503.207;
               (71)  Section 503.209;
               (72)  Section 503.210;
               (73)  Section 503.211;
               (74)  Subchapter F, Chapter 503;
               (75)  Section 503.306;
               (76)  Section 503.307;
               (77)  Section 503.354;
               (78)  Section 503.355;
               (79)  Section 503.356;
               (80)  Sections 503.401(b), (c), and (d);
               (81)  Section 503.402;
               (82)  Section 503.403;
               (83)  Section 503.404;
               (84)  Section 503.405;
               (85)  Section 503.406;
               (86)  Section 503.451;
               (87)  Section 503.454;
               (88)  Subchapter K, Chapter 503;
               (89)  Section 505.005;
               (90)  Section 505.110;
               (91)  Subchapter C, Chapter 505;
               (92)  Section 505.202;
               (93)  Section 505.203;
               (94)  Section 505.204;
               (95)  Section 505.205;
               (96)  Section 505.209;
               (97)  Section 505.210;
               (98)  Section 505.211;
               (99)  Subchapter E, Chapter 505;
               (100)  Section 505.355;
               (101)  Section 505.356;
               (102)  Section 505.402;
               (103)  Section 505.403;
               (104)  Section 505.404;
               (105)  Section 505.452;
               (106)  Section 505.453;
               (107)  Section 505.454(b);
               (108)  Section 505.455;
               (109)  Section 505.456;
               (110)  Section 505.457;
               (111)  Section 505.501;
               (112)  Section 505.503;
               (113)  Section 505.504;
               (114)  Section 505.508; and
               (115)  Subchapter K, Chapter 505.
  ARTICLE 3. CONFORMING AMENDMENTS
         SECTION 3.001.  Article 66.104(a), Code of Criminal
  Procedure, is amended to read as follows:
         (a)  The Texas Medical Board, the Texas Department of
  Licensing and Regulation, only with respect to a person licensed
  under Chapter 202, Occupations Code [State Board of Podiatric
  Medical Examiners], the State Board of Dental Examiners, the Texas
  State Board of Pharmacy, the Texas Behavioral Health Executive
  Council, only with respect to a person licensed under Chapter 501,
  Occupations Code [State Board of Examiners of Psychologists], and
  the State Board of Veterinary Medical Examiners shall provide to
  the Department of Public Safety through electronic means, magnetic
  tape, or disk, as specified by the department, a list of each person
  licensed by the respective agency, including the person's name and
  date of birth and any other personal descriptive information
  required by the department. Each agency shall update the
  information and submit the updated information quarterly to the
  department.
         SECTION 3.002.  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)  Health and Human Services Commission [Department
  of State Health Services], except as provided by Section 411.110,
  and agencies attached to the commission [department, including:
                     [(A)     Texas State Board of Examiners of Marriage
  and Family Therapists;
                     [(B)     Texas State Board of Examiners of
  Professional Counselors; and
                     [(C)     Texas State Board of Social Worker
  Examiners];
               (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 Behavioral Health Executive Council 
  [State Board of Examiners of Psychologists];
               (18) [(19)]  Texas Real Estate Commission;
               (19) [(20)]  Texas Department of Transportation;
               (20) [(21)]  State Board of Veterinary Medical
  Examiners;
               (21) [(22)]  Texas Department of Housing and Community
  Affairs;
               (22) [(23)]  secretary of state;
               (23) [(24)]  state fire marshal;
               (24) [(25)]  Texas Education Agency;
               (25) [(26)]  Department of Agriculture; and
               (26) [(27)]  Texas Department of Motor Vehicles.
         SECTION 3.003.  Section 2054.2606(a), Government Code, is
  amended to read as follows:
         (a)  The following licensing entities shall establish a
  profile system consisting of the specific license holder
  information prescribed by Subsection (c):
               (1)  Texas Board of Chiropractic Examiners, with
  respect to chiropractors;
               (2)  Texas Department of Licensing and Regulation
  [State Board of Podiatric Medical Examiners], with respect to
  podiatrists;
               (3)  State Board of Dental Examiners, with respect to
  dentists;
               (4)  Texas Optometry Board, with respect to
  optometrists and therapeutic optometrists;
               (5)  Texas Board of Physical Therapy Examiners, with
  respect to physical therapists and physical therapy facilities;
               (6)  Texas Board of Occupational Therapy Examiners,
  with respect to occupational therapists and occupational therapy
  facilities;
               (7)  Texas Behavioral Health Executive Council [State
  Board of Examiners of Psychologists], with respect to
  psychologists; and
               (8)  Texas State Board of Pharmacy, with respect to
  pharmacists and pharmacies.
         SECTION 3.004.  Section 2054.352(a), Government Code, is
  amended to read as follows:
         (a)  The following licensing entities shall participate in
  the system established under Section 2054.353:
               (1)  Texas Board of Chiropractic Examiners;
               (2)  Judicial Branch Certification Commission;
               (3)  State Board of Dental Examiners;
               (4)  Texas Funeral Service Commission;
               (5)  Texas Board of Professional Land Surveying;
               (6)  Texas Medical Board;
               (7)  Texas Board of Nursing;
               (8)  Texas Optometry Board;
               (9)  Department of Agriculture, for licenses issued
  under Chapter 1951, Occupations Code;
               (10)  Texas State Board of Pharmacy;
               (11)  Executive Council of Physical Therapy and
  Occupational Therapy Examiners;
               (12)  Texas State Board of Plumbing Examiners;
               (13)  [Texas State Board of Podiatric Medical
  Examiners;
               [(14)]  Texas Behavioral Health Executive Council
  [State Board of Examiners of Psychologists];
               (14) [(15)]  State Board of Veterinary Medical
  Examiners;
               (15) [(16)]  Texas Real Estate Commission;
               (16) [(17)]  Texas Appraiser Licensing and
  Certification Board;
               (17) [(18)]  Texas Department of Licensing and
  Regulation;
               (18) [(19)]  Texas State Board of Public Accountancy;
               (19) [(20)]  State Board for Educator Certification;
               (20) [(21)]  Texas Board of Professional Engineers;
               (21)  Health and Human Services Commission 
  [(22)  Department of State Health Services];
               (22) [(23)]  Texas Board of Architectural Examiners;
               (23) [(24)]  Texas Racing Commission;
               (24) [(25)]  Texas Commission on Law Enforcement; and
               (25) [(26)]  Texas Private Security Board.
         SECTION 3.005.  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 Behavioral Health Executive
  Council [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 3.006.  Sections 1451.001(9), (10), (11), (18), and
  (19), Insurance Code, are amended to read as follows:
               (9)  "Licensed clinical social worker" means an
  individual licensed [by the Texas State Board of Social Worker
  Examiners] as a [licensed] clinical social worker under Chapter
  505, Occupations Code.
               (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].
               (18)  "Psychological associate" means an individual
  licensed as a psychological associate by the Texas Behavioral
  Health Executive Council [State Board of Examiners of Psychologists
  who practices solely under the supervision of a licensed
  psychologist].
               (19)  "Psychologist" means an individual licensed as a
  psychologist by the Texas Behavioral Health Executive Council
  [State Board of Examiners of Psychologists].
         SECTION 3.007.  Section 101.002, Occupations Code, is
  amended to read as follows:
         Sec. 101.002.  COMPOSITION OF COUNCIL. The council consists
  of 14 members, with one member appointed by each of the following:
               (1)  the Texas Board of Chiropractic Examiners;
               (2)  the State Board of Dental Examiners;
               (3)  the Texas Optometry Board;
               (4)  the Texas State Board of Pharmacy;
               (5)  the Texas Department of Licensing and Regulation
  [State Board of Podiatric Medical Examiners];
               (6)  the State Board of Veterinary Medical Examiners;
               (7)  the Texas Medical Board;
               (8)  the Texas Board of Nursing;
               (9)  the Texas Behavioral Health Executive Council 
  [State Board of Examiners of Psychologists];
               (10)  the Texas Funeral Service Commission;
               (11)  the entity that regulates the practice of
  physical therapy;
               (12)  the entity that regulates the practice of
  occupational therapy;
               (13)  the health licensing division of the Health and
  Human Services Commission [Department of State Health Services];
  and
               (14)  the governor's office.
         SECTION 3.008.  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 Behavioral Health Executive Council [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.
  ARTICLE 4. TRANSITIONS AND EFFECTIVE DATE
         SECTION 4.001.  In this article:
               (1)  "Executive council" means the Texas Behavioral
  Health Executive Council.
               (2)  "Transferring entity" means:
                     (A)  the Texas State Board of Examiners of
  Psychologists;
                     (B)  the Texas State Board of Examiners of
  Marriage and Family Therapists;
                     (C)  the Texas State Board of Examiners of
  Professional Counselors; and
                     (D)  the Texas State Board of Social Worker
  Examiners.
         SECTION 4.002.  (a) Except as provided by Subsection (b) of
  this section, Sections 501.059, 502.059, 503.110, and 505.109,
  Occupations Code, as amended by this Act, apply to a member of the
  applicable board appointed before, on, or after the effective date
  of this Act.
         (b)  A member of a board who, before the effective date of
  this Act, completed the training program required by Section
  501.059, 502.059, 503.110, or 505.109, Occupations Code, as the
  applicable law existed before the effective date of this Act, is
  required to complete additional training only on the subjects added
  by this Act to the training program required by Section 501.059,
  502.059, 503.110, or 505.109, Occupations Code, as applicable.  A
  board member described by this subsection may not vote, deliberate,
  or be counted as a member in attendance at a meeting of the board
  held on or after December 1, 2019, until the member completes the
  additional training.
         SECTION 4.003.  (a) Section 501.2525, Occupations Code, as
  redesignated and amended by this Act, applies only to an
  application for a license under Chapter 501, Occupations Code, that
  is submitted on or after the effective date of this Act. An
  application submitted before the effective date of this Act is
  governed by the law in effect on the date the application was
  submitted, and the former law is continued in effect for that
  purpose.
         (b)  A provisional license issued under Section 501.253,
  Occupations Code, that is in effect on the effective date of this