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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of licensed professional |
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counselor associates; requiring an occupational license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 503.002, Occupations Code, is amended by |
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adding Subdivision (5) to read as follows: |
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(5) "Licensed professional counselor associate" means |
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a person who: |
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(A) holds a license under Section 503.309; and |
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(B) offers to provide for compensation |
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professional counseling services under the supervision of a |
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licensed professional counselor. |
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SECTION 2. The heading to Section 503.302, Occupations |
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Code, is amended to read as follows: |
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Sec. 503.302. QUALIFICATIONS FOR LICENSES [LICENSE]. |
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SECTION 3. Section 503.302, Occupations Code, is amended by |
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amending Subsection (a) and adding Subsection (b) to read as |
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follows: |
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(a) A person qualifies for a license as a licensed |
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professional counselor under this chapter if the person: |
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(1) is at least 18 years old; |
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(2) has a master's or doctoral degree in counseling or |
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a related field; |
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(3) has successfully completed a graduate degree at a |
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regionally accredited institution of higher education and the |
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number of graduate semester hours required by board rule, which may |
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not be less than 48 hours and must include 300 clock hours of |
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supervised practicum that: |
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(A) is primarily counseling in nature; and |
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(B) meets the specific academic course content |
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and training standards established by the board; |
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(4) has completed the number of supervised experience |
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hours required by board rule, which may not be less than 3,000 hours |
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working in a counseling setting that meets the requirements |
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established by the board after the completion of the graduate |
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program described by Subdivision (3); |
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(5) [except as provided by Subsection (b),] passes the |
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license examination and jurisprudence examination required by this |
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chapter; |
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(6) submits an application as required by the board, |
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accompanied by the required application fee; and |
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(7) meets any other requirement prescribed by the |
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board. |
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(b) A person qualifies for a license as a licensed |
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professional counselor associate under this chapter if the person |
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meets the requirements of Subsection (a) except for the required |
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number of supervised experience hours. |
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SECTION 4. Subchapter G, Chapter 503, Occupations Code, is |
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amended by adding Section 503.309 to read as follows: |
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Sec. 503.309. PRACTICE BY LICENSED PROFESSIONAL COUNSELOR |
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ASSOCIATE. (a) A licensed professional counselor associate must |
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practice under the supervision of a licensed professional counselor |
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approved by the board as provided by a supervision agreement. |
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(b) A licensed professional counselor approved by the board |
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may delegate to a licensed professional counselor associate any |
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service that a reasonable and prudent licensed professional |
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counselor would delegate within the scope of sound judgment if the |
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licensed professional counselor determines that the service: |
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(1) can be properly and safely performed by the |
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licensed professional counselor associate; and |
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(2) will be performed in the customary manner and in |
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compliance with the law. |
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(c) A licensed professional counselor who supervises a |
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service performed by a licensed professional counselor associate |
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remains responsible for the service, and the service is considered |
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to be delivered by the licensed professional counselor for billing |
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purposes, including a bill submitted to a third-party payor. A |
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licensed professional counselor associate must inform each patient |
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for whom a service is performed under this section that the licensed |
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professional counselor associate is being supervised by a licensed |
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professional counselor. A licensed professional counselor |
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associate to whom a service is delegated under this section may |
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represent that the licensed professional counselor associate is |
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engaged in the practice of professional counseling. |
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SECTION 5. Section 503.308, Occupations Code, is repealed. |
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SECTION 6. Not later than January 1, 2020, the Texas State |
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Board of Examiners of Professional Counselors shall adopt rules to |
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implement the changes in law made by this Act. |
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SECTION 7. This Act takes effect September 1, 2019. |