Bill Text: TX HB3808 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to student loan repayment assistance for certain mental health professionals and to the conduct that constitutes the practice of psychology.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3808 Detail]
Download: Texas-2017-HB3808-Enrolled.html
H.B. No. 3808 |
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relating to student loan repayment assistance for certain mental | ||
health professionals and to the conduct that constitutes the | ||
practice of psychology. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 61.601, Education Code, is amended to | ||
read as follows: | ||
Sec. 61.601. DEFINITION. In this subchapter, "mental | ||
health professional" means: | ||
(1) a licensed physician who is: | ||
(A) a graduate of an accredited psychiatric | ||
residency training program; or | ||
(B) certified in psychiatry by: | ||
(i) the American Board of Psychiatry and | ||
Neurology; or | ||
(ii) the American Osteopathic Board of | ||
Neurology and Psychiatry; | ||
(2) a psychologist, as defined by Section 501.002, | ||
Occupations Code; | ||
(3) a licensed professional counselor, as defined by | ||
Section 503.002, Occupations Code; | ||
(4) an advanced practice registered nurse, as defined | ||
by Section 301.152, Occupations Code, who holds a nationally | ||
recognized board certification in psychiatric or mental health | ||
nursing; [ |
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(5) a licensed clinical social worker, as defined by | ||
Section 505.002, Occupations Code; and | ||
(6) a licensed marriage and family therapist, as | ||
defined by Section 502.002, Occupations Code. | ||
SECTION 2. Section 61.604, Education Code, is amended by | ||
adding Subsections (d) and (e) to read as follows: | ||
(d) The board may award a grant under this subchapter to a | ||
mental health professional described by Section 61.601(6) only in | ||
accordance with Subsection (e). | ||
(e) If in a state fiscal year there are funds available for | ||
purposes of the program after funding grants to all eligible mental | ||
health professionals described by Subsections 61.601(1)-(5), the | ||
board may allocate any unused funds to award repayment assistance | ||
grants to mental health professionals in any of the professions | ||
listed in Section 61.601 except that priority must be given to | ||
awarding grants to mental health professionals described by | ||
Subsections 61.601(1)-(5). The limitations prescribed by | ||
Subsections (b) and (c) do not apply to grants awarded under this | ||
subsection. | ||
SECTION 3. Section 61.607(b), Education Code, is amended to | ||
read as follows: | ||
(b) The total amount of repayment assistance received by a | ||
mental health professional under this subchapter may not exceed: | ||
(1) $160,000, for assistance received by a licensed | ||
physician; | ||
(2) $80,000, for assistance received by: | ||
(A) a psychologist; | ||
(B) a licensed clinical social worker, if the | ||
social worker has received a doctoral degree related to social | ||
work; [ |
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(C) a licensed professional counselor, if the | ||
counselor has received a doctoral degree related to counseling; or | ||
(D) a licensed marriage and family therapist, if | ||
the marriage and family therapist has received a doctoral degree | ||
related to marriage and family therapy; | ||
(3) $60,000, for assistance received by an advanced | ||
practice registered nurse; and | ||
(4) $40,000, for assistance received by a licensed | ||
clinical social worker, a licensed marriage and family therapist, | ||
or a licensed professional counselor who is not described by | ||
Subdivision (2). | ||
SECTION 4. Section 61.608, Education Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) The board shall adopt rules establishing a process for | ||
allocating any unused funds under the program in a state fiscal year | ||
in accordance with Section 61.604(e). | ||
SECTION 5. Section 501.003, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 501.003. DEFINITION: PRACTICE OF PSYCHOLOGY. (a) In | ||
this chapter: | ||
(1) "Practice of psychology" means: | ||
(A) the observation, description, diagnosis, | ||
evaluation, assessment, interpretation, or treatment of and | ||
intervention in human behavior by applying education, training, | ||
methods, and procedures for the purpose of: | ||
(i) preventing, predicting, treating, | ||
remediating, or eliminating: | ||
(a) symptomatic, maladaptive, or | ||
undesired behavior; | ||
(b) emotional, interpersonal, | ||
learning, substance use, neuropsychological, cognitive, or | ||
behavioral disorders or disabilities, including those that | ||
accompany medical problems; or | ||
(c) mental illness; | ||
(ii) evaluating, assessing, or | ||
facilitating, by a license holder or a person who represents the | ||
person to the public by a title or description of services that | ||
includes the word "psychological," "psychologist," or | ||
"psychology," the enhancement of individual, group, or | ||
organizational effectiveness, including evaluating, assessing, or | ||
facilitating: | ||
(a) personal effectiveness; | ||
(b) adaptive behavior; | ||
(c) interpersonal relationships; | ||
(d) academic, vocational, and life | ||
adjustment; | ||
(e) health; or | ||
(f) individual, group, or | ||
organizational performance; | ||
(iii) providing psychological, | ||
neuropsychological, and psychoeducational evaluation, therapy, and | ||
remediation as well as counseling, psychoanalysis, psychotherapy, | ||
hypnosis, and biofeedback; or | ||
(iv) consulting with others, including | ||
other mental health professionals, physicians, school personnel, | ||
or organizations within the scope of the provider's competency and | ||
training with respect to services provided for a specific | ||
individual; or | ||
(B) the supervision of an activity or service | ||
described by Paragraph (A). | ||
(2) "Psychological [ |
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services" means acts or behaviors that are included within the | ||
purview of the practice of psychology. | ||
(b) A person is engaged in the practice of psychology | ||
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(1) when providing or offering to provide | ||
psychological services to another in a professional relationship, | ||
represents the person to the public by a title or description of | ||
services that includes the word "psychological," "psychologist," | ||
or "psychology"; | ||
(2) provides or offers to provide psychological | ||
services to individuals, groups, organizations, or the public in a | ||
professional relationship; | ||
(3) is a psychologist or psychological associate | ||
employed as described by Section 501.004(a)(1) who offers or | ||
provides psychological services, other than lecture services, to | ||
the public for consideration separate from the salary that person | ||
receives for performing the person's regular duties; or | ||
(4) is employed as a psychologist or psychological | ||
associate by an organization that sells psychological services, | ||
other than lecture services, to the public for consideration. | ||
(c) A person is not engaged in the [ |
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psychology based solely on the person offering, regardless of | ||
whether the person is solicited, advice, counsel, or guidance | ||
addressing or affecting the mental, emotional, or behavioral health | ||
of another, if the person does not represent that the person is | ||
licensed under this chapter or engaged in the delivery of | ||
psychological services and does not represent that the advice, | ||
counsel, or guidance is psychological in nature, and: | ||
(1) the advice, counsel, or guidance is not offered in | ||
the context of a professional relationship; | ||
(2) if the person is offering the advice, counsel, or | ||
guidance in connection with the person's occupation, the primary | ||
focus of the occupation is not the delivery of mental, emotional, or | ||
behavioral health care services; or | ||
(3) the advice, counsel, or guidance is offered | ||
through an organized or structured program or peer support service | ||
that is designed to support or assist a person with a | ||
self-identified goal of changing or improving certain aspects of | ||
the person's mental, emotional, or behavioral health [ |
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SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3808 was passed by the House on May 4, | ||
2017, by the following vote: Yeas 136, Nays 7, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 3808 on May 25, 2017, by the following vote: Yeas 120, Nays 21, | ||
3 present, not voting, and that the House adopted H.C.R. No. 155 | ||
authorizing certain corrections in H.B. No. 3808 on May 29, 2017, by | ||
the following vote: Yeas 144, Nays 0, 1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3808 was passed by the Senate, with | ||
amendments, on May 23, 2017, by the following vote: Yeas 20, Nays | ||
11, and that the Senate adopted H.C.R. No. 155 authorizing certain | ||
corrections in H.B. No. 3808 on May 29, 2017, by the following vote: | ||
Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |