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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain occupations by the Texas |
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Behavioral Health Executive Council; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 502.252(b) and (c), Occupations Code, |
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are amended to read as follows: |
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(b) To qualify for a license as a licensed marriage and |
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family therapist associate, a person must: |
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(1) be at least 18 years of age; |
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(2) have completed a graduate internship in marriage |
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and family therapy, or an equivalent internship, as approved by the |
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board [executive council]; |
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(3) pay the examination fee and pass the license |
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examination and jurisprudence examination determined by the board; |
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(4) hold a master's or doctoral degree in marriage and |
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family therapy or in a related mental health field with coursework |
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and training determined by the executive council to be |
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substantially equivalent to a graduate degree in marriage and |
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family therapy from a regionally accredited institution of higher |
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education or an institution of higher education approved by the |
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executive council; |
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(5) [have not been convicted of a felony or a crime |
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involving moral turpitude; |
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[(6)] not use drugs or alcohol to an extent that affects |
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the applicant's professional competency; |
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(6) [(7)] not have had a license or certification |
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revoked by a licensing agency or by a certifying professional |
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organization; and |
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(7) [(8)] not have engaged in fraud or deceit in |
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applying for a license under this chapter. |
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(c) An applicant is eligible to apply for a license as a |
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licensed marriage and family therapist if the person: |
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(1) meets the requirements of Subsection (b); |
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(2) [after receipt of a degree described by Subsection |
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(b)(4),] has completed [two years of] work experience in marriage |
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and family therapist services that includes the number of hours [at |
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least 3,000 hours of clinical practice consisting of at least 1,500 |
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hours of direct clinical services, including a minimum number of |
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hours] providing [direct] clinical services to individuals, |
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couples, or families as required by the executive council [rule]; |
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and |
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(3) has completed, in a manner acceptable to the |
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executive council, [at least 200 hours of] supervised provision of |
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direct clinical services by the applicant for the number of hours as |
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determined by the executive council, [100 hours of] which must be |
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supervised by an approved supervisor as prescribed by the executive |
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council [on an individual basis]. |
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SECTION 2. Section 502.2545, Occupations Code, is amended |
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to read as follows: |
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Sec. 502.2545. WAIVER OF EXAMINATION FOR CERTAIN |
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APPLICANTS. (a) The executive council may waive the requirement |
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that an applicant for a license as a licensed marriage and family |
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therapist pass the examination required by Section 502.254 if the |
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applicant[: |
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[(1) is a provisional license holder under Section |
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502.259 and the executive council determines that the applicant |
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possesses sufficient education and professional experience to |
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receive a license without further examination; or |
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[(2)] holds a license issued by another licensing |
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agency in a profession related to the practice of marriage and |
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family therapy and the executive council determines that the |
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applicant possesses sufficient education and professional |
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experience to receive a license without satisfying the examination |
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requirements of this chapter. |
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(b) The executive council may adopt rules necessary to |
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administer this section, including rules [under Subsection (a)(2)] |
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prescribing the professions that are related to the practice of |
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marriage and family therapy. |
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SECTION 3. The heading to Section 502.259, Occupations |
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Code, is amended to read as follows: |
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Sec. 502.259. APPLICANTS LICENSED OUT OF STATE [PROVISIONAL |
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LICENSE]. |
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SECTION 4. Sections 502.259(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) The executive council may grant a [provisional] license |
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to practice as a marriage and family therapist in this state |
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[without examination] to an applicant who is licensed or otherwise |
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registered as a marriage and family therapist by another state or |
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jurisdiction [if the requirements to be licensed or registered in |
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the other state or jurisdiction were, on the date the person was |
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licensed or registered, substantially equal to the requirements of |
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this chapter]. |
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(b) An applicant for a [provisional] license under this |
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section must: |
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(1) be licensed in good standing to independently |
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practice as a marriage and family therapist in another state or |
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jurisdiction [that has licensing requirements that are |
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substantially equal to the requirements of this chapter]; |
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(2) meet the requirements of Section 502.252(b) [have |
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passed a national or other examination that: |
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[(A) is recognized by the executive council; and |
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[(B) relates to marriage and family therapy]; and |
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(3) file an application with the appropriate fee in |
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the form and manner prescribed [be sponsored by a person licensed] |
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by the executive council [with whom the provisional license holder |
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may practice under this section]. |
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SECTION 5. Section 502.301(a), Occupations Code, is amended |
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to read as follows: |
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(a) A marriage and family therapist license issued under |
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this chapter is subject to [biennial] renewal. The executive |
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council shall adopt a system under which licenses expire on various |
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dates during the year. |
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SECTION 6. Subchapter F, Chapter 507, Occupations Code, is |
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amended by adding Section 507.260 to read as follows: |
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Sec. 507.260. RECIPROCAL LICENSE. The executive council |
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may enter into and implement agreements with other jurisdictions |
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for the issuance of a license under Chapter 501, 502, 503, or 505 by |
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reciprocity if the other jurisdiction's requirements for |
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licensing, certification, or registration are substantially equal |
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to the requirements of the applicable chapter. |
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SECTION 7. The following provisions are repealed: |
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(1) Section 501.262, Occupations Code; |
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(2) Section 502.254(b), Occupations Code; and |
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(3) Sections 502.259(c), (d), and (e), Occupations |
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Code. |
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SECTION 8. (a) Chapter 502, Occupations Code, as amended by |
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this Act, applies only to an application for a license under that |
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chapter filed with the Texas Behavioral Health Executive Council on |
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or after the effective date of this Act. An application for a |
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license filed before the effective date of this Act is governed by |
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the law in effect on the date the application was filed, and the |
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former law is continued in effect for that purpose. |
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(b) Section 502.301(a), Occupations Code, as amended by |
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this Act, applies to a license that expires on or after the |
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effective date of this Act. A license that expires before that date |
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is governed by the law in effect on the date the license expired, |
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and the former law is continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2023. |